Chapter 45
COLUSA COUNTY PERSONNEL PRACTICES

Sections:

45-1.    Purpose, applicability and responsibility.

45-2.    Colusa County is an equal opportunity employer.

45-3.    Classified service.

45-4.    Categories of employment.

45-5.    Recruitment.

45-6.    Discipline.

45-7.    Layoffs.

45-8.    An employee of Colusa County has the right.

45-8.1.    To be paid.

45-8.2.    To participate in health and welfare benefit plans.

45-8.3.    To take time off work for holidays or be compensated.

45-8.4.    To accumulate and use vacation leave with pay.

45-8.5.    To accumulate and use sick leave with pay.

45-8.6.    To appropriate salary adjustments upon change in status.

45-8.7.    To be considered for step increases in pay.

45-8.8.    To have performance evaluated.

45-8.9.    To be coached in the performance of job duties.

45-8.10.    To take leaves.

45-8.11.    To work in a work environment where violence, the threat of violence or bullying is responded to promptly.

45-8.12.    To work in a neutral work environment free of discrimination.

45-8.13.    To seek assistance in dealing with an alcohol or drug usage problem voluntarily before it becomes a subject of discipline.

45-8.14.    To use county equipment with no expectation of privacy.

45-8.15.    To outside employment.

45-8.16.    To leave the county’s employ.

45-8.17.    To be reemployed.

45-8.18.    To view his/her personnel file.

45-8.19.    To negotiate about wages, hours and working conditions as part of a recognized exclusive employee organization.

45-9.    Employee-employer rights.

45-9.1.    Management rights.

45-9.2.    Employee rights.

45-9.3.    Bargaining representative recognition petition.

45-9.4.    Appropriate unit determination.

45-9.5.    Recognition of an exclusive representative.

45-9.6.    Decertification.

45-9.7.    Modification of representation units.

45-9.8.    Employee organization rights.

45-9.9.    Mediation and fact-finding.

45-9.10.    Unfair labor practices.

45-9.11.    Grievance procedure.

45-10.    Notice.

45-11.    Interpretation and administration.

45-12.    Definitions.

45-1 Purpose, applicability and responsibility.

45.1.1    The personnel director shall be responsible for the administration of and shall ensure compliance with the provisions of this chapter except as otherwise specifically provided herein. The personnel director shall at the request of the board act as the official county spokesperson on employer-employee relations, shall direct the enforcement of personnel policies established by the board, and shall specify such administrative procedures, forms, records and reports as s/he deems necessary for the proper administration of this chapter.

45.1.2    This chapter shall apply alike to all officers and employees of the county, regardless of the time of creation of the office or the appointment of the officer or employee.

45.1.3    Subject to compliance with this chapter, any procedures or requirements adopted by the Colusa County board of supervisors (“board”), and pertinent federal and state laws and regulations, the head of each department shall have the authority to employ necessary personnel to ensure the efficient and effective operation of the county.

45.1.4    The personnel director shall be responsible for the administration of this chapter except as otherwise specifically provided herein. The personnel director shall at the request of the board act as the official county spokesman on employer-employee relations, shall direct the enforcement of personnel policies established by the board, and shall specify such administrative procedures, forms, records and reports as s/he deems necessary for the proper administration of this chapter.

45.1.5    The personnel director may redelegate to his/her subordinates any power, duty, or function which has been delegated to her/him by the board, unless by board rules or express provisions of law s/he is required to act personally.

45.1.6    Unless otherwise prohibited, whenever a power is granted or a duty imposed upon an appointing authority, the power may be exercised or the duty performed by a deputy of the appointing authority or by a person authorized by the appointing authority to act.

45.1.7    Each appointing authority shall keep or cause to be kept accurate records reflecting the application of this chapter and shall comply with such requirements for administrative procedures, forms, records and reports as the personnel director or auditor may specify.

45.1.8    This chapter shall at all times be construed in a manner consistent with the provisions of any pertinent federal or state law, as amended, and the regulations promulgated thereunder.

45.1.9    References to sections in this chapter may be stated as “45-section” or “45.section,” with equal validity. (Ord. No. 723, (part): Ord. No. 735, (part); Ord. No. 761, § 1.)

45-2 Colusa County is an equal opportunity employer.

45.2.1    The county provides equal employment opportunity in all phases and aspects of employment including, but not limited to, recruitment, selection, placement, transfer, training and development, promotion, demotion, compensation, benefits, layoff and termination, and in all privileges of employment.

45.2.2    Colusa County will not in its employment decisions refer to non-job-related factors including but not limited to membership in, the perception of membership in, or association with a member in a protected class: age, race, sex, color, national origin, national ancestry, physical or mental disability, medical condition, religion, creed, marital status, sexual orientation, gender identification or any other protected class or characteristic established by any federal, state or local statutes, rules or regulations, except where age, sex, medical or mental condition is relevant as a bona fide occupational qualification for the position sought.

45.2.3    The phrase “Colusa County is an Equal Opportunity Employer” is to be included in all job announcements no matter where posted.

45.2.4    Each employee no matter his/her position within the county plays a role in enforcing this section. Each employee, as part of his/her job duties, is required to accord all applicants and co-employees equal treatment in word and deed without reference directly nor by implication to membership in the classes identified above.

45.2.5    The provisions of this section are enforced by the county’s personnel director. Inquiries or complaints related to or concerning the application and enforcement of this chapter should be directed to the personnel department. (Ord. No. 723, (part): Ord. No. 735, (part); Ord. No. 761, § 2.)

45-3 Classified service.

45.3.1    Every position in the county service shall be allocated to the appropriate class in a classification plan. The classification plan shall set forth:

45.3.1.1    A job title for each position within a class;

45.3.1.2    The salary range for the class; and

45.3.1.3    The salary rate for each step within a salary range.

45.3.2    The allocation of a position to a class shall derive from the duties and responsibilities of the position and shall be based on the principle that all positions shall be included in the same class if:

45.3.2.1    They are sufficiently similar in respect to duties and responsibilities that the same descriptive title may be used;

45.3.2.2    They demand substantially the same requirements as to education, experience, knowledge and ability of incumbents; and

45.3.3    The same schedule of compensation may be made to apply with equity.

45.3.4    The title of the class to which any position is allocated shall be used in all official personnel records and in all official personnel transactions of the county.

45.3.5    From time to time as deemed necessary, the board may direct the personnel director to initiate an inquiry regarding the classification of any or all existing positions. On the basis of such inquiry, the personnel director may recommend that the board divide, combine, alter, or abolish existing classes, as well as establish additional classes and make corresponding adjustments in any related employee units. Reasonable opportunity to be heard shall be provided by the board to any employee affected by the allocation or reallocation of his/her position.

45.3.6    Each appointing authority shall promptly report to the personnel director the need for new positions and shall report material changes in the duties of any position, including the date when such changes occurred, in order that new positions and positions whose duties have been materially changed may be classified and allocated. (Ord. No. 723, (part): Ord. No. 735, (part); Ord. No. 761, § 3.)

45-4 Categories of employment.

45.4.1    A “regular employee” has completed a probationary period and occupies a permanent part-time or full-time position with the county.

45.4.1.1    A “non-exempt” employee is paid overtime as required by federal law.

45.4.1.2    An “exempt” employee may have to work beyond forty hours per week as work demands require and is not paid overtime. These employees work in direct managerial positions and/or have independent control over most aspects of their jobs. As appropriate they hold positions of responsibility with the county requiring a high level of skill and learning.

45.4.2    A “probationary employee” is an employee tentatively appointed to a position by the appointing authority, whether as a new hire or through reemployment, promotion, or demotion, who has not completed a probationary period following appointment to the position. All employees appointed to a position after January 1, 2009, shall complete a twelve-month probationary period.

45.4.2.1    An employee’s probationary period shall be divided into four three-month stages; employees will be evaluated for continued employment at the conclusion of each stage.

45.4.2.2    The appointing authority may terminate a probationary employee at any time by providing the employee notice of termination stating the ending date of the employment relationship.

45.4.2.3    An employee in probationary status is not entitled to appeal his/her termination with the exception of peace officers in situations recognized by the Police Officers’ Bill of Rights.

45.4.2.4    A terminated probationary employee who was in probationary status due to promotion may on the recommendation of the appointing authority be returned to the employee’s prior position with the county consistent with section 45.8.6.4. Should this occur any displaced employee will be treated as laid off. See section 45.7.

45.4.3    A “limited term employee” is an employee employed to perform in a special or mandated program. Whenever funds are no longer available for the program, these employees will be terminated from county service. Limited term employees have no rights to layoff procedures but are otherwise entitled to the rights and benefits discussed in this chapter.

45.4.4    A “temporary hire” is any person hired full-time or part-time in an ad hoc or a regular authorized position for a limited period not to exceed twelve months unless the personnel director approves an extension in writing. A temporary hire may be terminated without notice and is not eligible for the benefits and rights of this chapter unless specifically stated herein. (Ord. No. 723, (part): Ord. No. 735, (part).)

45-5 Recruitment.

45.5.1    Locating, attracting and promoting the best-qualified personnel available either internally or externally are at all times the primary objectives of any recruitment for personnel.

45.5.2    Proposed personnel needs shall be submitted to the personnel department and the board by the appointing authority for review and approval in the form set by the personnel director.

45.5.3    Temporary hire positions, once approved, may be filled with anyone the appointing authority concludes is qualified and meets the minimum qualifications of the job.

45.5.4    The appointing authority will determine whether the area of recruitment for regular or limited term positions shall be within the department, county service, the Colusa County area and/or beyond Colusa County.

45.5.5    The board is the appointing authority for nonelected department heads unless otherwise mandated by law. The personnel director will assist the board in such recruitment on request by the board.

45.5.6    Regular and limited term positions are filled through the following process:

45.5.6.1    Announcement.

45.5.6.1.1    Following the board’s approval to fill a vacant position, a formal announcement of the position will be published which shall include a description of the minimum job qualifications and relevant testing criteria.

45.5.6.1.2    The announcement will occur within a department or within county service in a manner prescribed by the personnel director with the objective of ensuring the most complete dissemination, which may include any and all means of communication available.

45.5.6.1.3    In the event the recruitment occurs outside county service, the personnel director shall provide written notification to the general public by publishing a position announcement in a newspaper of general circulation within the county of Colusa for a minimum of five days, which time may be increased at the discretion of the personnel director.

45.5.6.1.4    In all instances the last day of publication shall be at least three days before the final date for submission of applications.

45.5.6.2    Employment Applications.

45.5.6.2.1.1    Personnel will accept applications during a recruiting period and shall retain them for one year, subject to the following:

45.5.6.2.1.1.1    All applications must identify the specific open position(s) to which they pertain; and

45.5.6.2.1.1.2    It is the applicant’s obligation to resubmit an application or a letter requesting consideration or reconsideration of an application for subsequent position openings.

 

45.5.6.2.2    All applications must be complete, signed by the applicant by pen or electronically and received by the personnel office within the time specified in the announcement, unless the closing date is extended by the appointing authority or the personnel director.

45.5.6.2.3    Application packets will vary with the position sought and shall include all documents identified in the job announcement by the personnel director in consultation with the appointing authority; provided, that at a minimum an application packet will include the Colusa County application and a handwritten or typed cover letter discussing why the applicant wants the position and why s/he is the best candidate for the position. Incomplete application packets will not be considered.

45.5.6.2.4    Applications received by personnel will not be returned.

45.5.6.3    Screening/Selection.

45.5.6.3.1    After the stated or extended closing date for submission of applications, personnel will screen the application packets for completeness and satisfaction of the minimum job qualifications, including but not limited to relevant experience, education, training, skills, other abilities relating to the position to be filled, references, and in the case of an existing or former county employee pertinent information found in the employee’s personnel file.

45.5.6.3.2    The personnel director will determine which of the qualified applicants will move to the next step in the recruitment process.

45.5.6.3.3    When a recruitment has been publicly announced pursuant to section 45.5.6.1.3 and the number of applicants meeting the minimum qualifications for the position is three or less, the personnel director after consultation with the appointing authority may:

45.5.6.3.3.1    Cancel the recruitment entirely; or

45.5.6.3.3.2    Modify the conditions of the recruitment.

45.5.6.3.4    When a position is posted internally only and there are no qualified internal applicants, outside recruitment is mandatory, if the appointing authority wishes to move forward with the recruitment.

45.5.6.3.5    Scheduled selection procedures may be postponed, cancelled or extended by the personnel director notifying all affected persons and publishing appropriate notice based on the area of recruitment.

45.5.6.3.6    The personnel director may deviate from these procedures for recruitment using approved recruiting providers such as the Merit System Services.

45.5.6.3.7    Testing.

45.5.6.3.7.1    When necessary, selection procedures shall include tests for proficiency.

45.5.6.3.7.2    All tests whether written or electronic must be reviewed and approved by personnel prior to use.

45.5.6.3.7.3    Each applicant will be notified by mail of his/her test results and, if successful, of his/her final grade.

45.5.6.3.7.4    Within five days from the date when notice of the result of the written test was mailed, any applicant may review his/her test answer sheet and compare the answer sheet to a “key” answer sheet to verify the applicant received full credit for correct answers. Inspection of standard or copyrighted tests or tests preduplicated as “form” tests or “semiform” tests is prohibited by the State Personnel Board.

45.5.6.3.7.5    Applicants who passed the proficiency test within one year of a selection procedure for the same position may not be required to repeat the examination.

45.5.6.3.7.6    Applicants who fail a written test will not be allowed to take a second test for the same position for sixty days.

45.5.6.3.8    Interview Screening Panel.

45.5.6.3.8.1    The appointing authority will select and appoint the members of the interview screening panel (“panel”) and work closely with personnel to develop an approved list of questions to use during the interview process.

45.5.6.3.8.2    The panel will be composed of a minimum of three members, all qualified by education and/or experience, to evaluate the job applicants’ qualifications for the posted position. Although not required, it is preferred that one panel member be a peer holding the position for which the applicant is applying.

45.5.6.3.8.3    Elected officials may not be on any interview panels.

45.5.6.3.8.4    Employees related to an applicant under consideration are disqualified from serving on an interview panel.

45.5.6.3.8.5    Before the interviews commence, the panel will be provided an orientation regarding the review criteria for the selection, the minimum requirements for the position, the duties and responsibilities of the position, clarification of the interview questions, the interview standards, application of those standards, rating procedures, use of the ranking worksheets and selection of a moderator.

45.5.6.3.8.6    Personnel-approved interview ranking worksheets will be used by the panel.

45.5.6.3.8.7    A recruitment may require more than one interview by the same or different panels before the top applicants are selected.

45.5.6.3.8.8    The panel will assign each applicant an overall rating in relationship to all others after the interviews are completed and certify the top rated applicants to the appointing authority.

45.5.6.3.8.9    The appointing authority may interview applicants certified by the panel or repeat the recruitment process.

45.5.6.3.9    Reference Checks – Pre-Employment Offer.

45.5.6.3.9.1    Prior to making a conditional offer of employment to an acceptable applicant, the appointing authority will obtain a minimum of two references from previous employers or other persons in similar positions of authority approved by the personnel director.

45.5.6.3.10    Conditional Job Offer – Prior to Assumption of Job Duties.

45.5.6.3.10.1    Within a reasonable period of time following identification of an acceptable applicant, the appointing authority will make a conditional job offer contingent on providing proof of required status, passing a criminal background check and/or a medical examination.

45.5.6.3.10.2    The conditional job offer shall specify the specific conditions the candidate must satisfy in order to assume the duties and responsibilities of the position sought.

45.5.6.3.11    Post-Conditional Offer of Employment.

45.5.6.3.12    Proof of Required Status.

45.5.6.3.12.1.1    Pre-assumption of job duties, the personnel director may require necessary documentary evidence of citizenship, honorable discharge from the Armed Forces of the United States, possession of valid licenses required for performing the position and such other evidence of status required for the position.

45.5.6.3.12.1.2    If a candidate provides the required proof of status, his/her conditional offer of employment remains conditioned on passing a criminal background check and in some instances a medical examination.

45.5.6.3.12.1.3    If a candidate is unable to provide required proof of status, the personnel director shall notify:

45.5.6.3.12.1.3.1    The appointing authority that the candidate is ineligible for hiring; and

45.5.6.3.12.1.3.2    The candidate that the county’s conditional offer is withdrawn.

    Criminal Background Check.

45.5.6.3.12.1.4    Prior to assumption of job duties, every person conditionally offered employment by the county shall undergo such background checking as the position requires, which at a minimum shall include fingerprinting. In the event there is a delay of more than ten business days in receipt of the results of a fingerprint scan, and the person’s services are determined by the appointing authority to be needed immediately, the personnel director shall ask the DA investigator to conduct an investigation of the candidate for a criminal record in such jurisdictions as the appointing authority working with the personnel director determines are appropriate. Should a candidate assume his/her job duties based on such an investigation and it later be determined from the fingerprint scan the candidate is ineligible for employment with the county, the candidate’s employment shall be immediately terminated.

45.5.6.3.12.1.5    If a candidate passes the criminal background check, his/her offer of employment may remain conditioned on passing a medical examination; if not, the candidate may assume the job duties of his/her position.

45.5.6.3.12.1.6    If, based on the results of a background check and following consultation with the appointing authority, the personnel director concludes the candidate is unfit for the position sought, s/he shall notify:

45.5.6.3.12.1.6.1    The appointing authority that the candidate is ineligible for hiring; and

45.5.6.3.12.1.6.2    The candidate that the county’s conditional offer is withdrawn.

45.5.6.3.13    Medical Examination.

45.5.6.3.13.1    Some positions within the county require candidates to pass a job-related medical examination.

45.5.6.3.13.2    If a candidate passes the job-related medical examination, the candidate may assume the job duties of his/her position.

45.5.6.3.13.3    If, based on the results of the medical examination, the candidate cannot safely perform without risk of injury to him/herself or others with or without accommodation the essential functions of the position for which the conditional offer was made, the personnel director shall notify:

45.5.6.3.13.3.1    The appointing authority that the candidate is ineligible for hiring; and

45.5.6.3.13.3.2    The candidate that the county’s conditional offer is withdrawn.

45.5.6.3.14    Appointment.

45.5.6.3.14.1    Any appointment to a class shall be at the entry step of the range for such class; except that in advance of appointment only:

45.5.6.3.14.1.1    The personnel director based on consultation with the appointing authority can approve hiring/appointing a candidate at step two.

45.5.6.3.14.1.2    The personnel director based on consultation with the appointing authority can recommend hiring a candidate above step two, which shall require the approval of four-fifths of the board; and

45.5.6.3.14.1.3    The appointing authority may request in writing that the board approve the appointment of a job candidate at a higher step than entry level, even though the personnel director does not join in that request, which shall require the approval of four-fifths of the board.

45.5.6.3.15    An employee’s first day of active employment with the county shall be his/her “anniversary date.”

45.5.6.3.16    Applicants screened out at any stage during the selection process will be sent notifications by the personnel department, via U.S. mail.

45.5.6.3.17    Once the recruitment process is completed, all recruitment and selection documents are to be returned to the personnel department for filing.

45.5.6.3.18    The personnel director will compile a list of unsuccessful, but qualified, applicants for any position, which the appointing authority may use to fill permanent or temporary positions becoming vacant within one year of the date by which applications were required to be delivered to the county in association with a particular position’s recruitment.

45.5.6.3.19    Employees related by blood, marriage or adoption; i.e., spouse, mother, father, brother, sister, son, daughter, mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law or daughter-in-law, or registered domestic partners, collectively referred to as “family,” are prohibited from working in the same office, department, or agency (collectively “county organization”) when doing so will cause one family member to directly or indirectly supervise, or monitor, the job performance of another family member, which can create an actual or potential conflict of interest. In the event two employees in the same department marry, or become registered domestic partners, reasonable efforts will be made to reassign one of the employees without job detriment.

45.5.6.3.19.1    Section 45.5.6.3.19 shall not apply when the family member of an existing county employee (“employee”) is elected to head the same office in which the existing employee is assigned.

45.5.6.3.19.1.1    In such a case, the elected official will take all reasonable steps available to minimize his/her direct supervision of the employee and will report the steps taken, in writing, to the board of supervisors no later than thirty calendar days following his/her assumption of office.

45.5.6.3.19.1.2    The employee shall be prohibited from using his/her familial relationship with the elected official: to gain personal favor; to influence the decisions of others; to gain favor for others; or to the detriment of others. A violation of this provision shall be cause for discipline.

45.5.6.3.19.2    Complaints arising from the implementation or application of section 45.5.6.3.19 will be referred to the human resources department for investigation.

45.5.6.3.19.2.1    If the investigation alleges misconduct on the part of the elected official, the findings of such investigation will be reported to the board of supervisors and the board shall take whatever action it deems appropriate.

45.5.6.3.19.2.2    If the investigation alleges misconduct on the part of the employee, the findings of such investigation will be reported to the county administrative officer (“CAO”) and he/she shall take whatever action deemed appropriate. Notwithstanding any other provision of the Colusa County Code, the CAO shall have exclusive authority to discipline the employee for a violation of section 45.5.6.3.19.1.2 in the same manner as would normally be exercised by the elected official for discipline imposed under section 45-6.

45.5.6.3.19.3    Nothing in the Colusa County Code shall be interpreted or applied in such a manner as to allow an elected official to appoint a family member in violation of section 45.5.6.3.19. (Ord. No. 723, (part): Ord. No. 735, (part); Ord. No. 766, §§ 1 – 8.)

45-6 Discipline.

45.6.1    Like all organizations, the county requires order, discipline, and conscientious work performance to succeed and to promote efficiency, productivity, and cooperation among its employees. County employees are required to abide by certain rules and maintain appropriate performance levels and standards of conduct. These rules have been established to protect employees and the county from injury or other threats to its employees’ well-being, as well as promote harmonious, efficient working practices. Failure to observe established rules and practices can lead to disciplinary action. The specific disciplinary action will normally be based on an assessment of the facts, the circumstances and the employee’s previous record.

45.6.1.1    For the purposes of this section, discipline shall be defined as: (1) a temporary reduction in pay, not to exceed twelve pay periods; (2) a suspension not to exceed thirty days; (3) demotion; or (4) dismissal.

45.6.2    Causes for which an employee can be disciplined include:

45.6.2.1    Inexcusable neglect of duty.

45.6.2.2    Harassing an employee because of membership in a protected group, including but not limited to sexual harassment.

45.6.2.3    Abusive, disrespectful, offensive, discourteous language or behavior directed at other county employees, which reasonably can be construed as intended to cause emotional distress, including nondiscriminatory “workplace bullying.”

45.6.2.4    Actual or threatened physical violence towards another person.

45.6.2.5    Dishonesty.

45.6.2.6    Working overtime repeatedly without a supervisor’s approval.

45.6.2.7    Driving a vehicle on county time without devoting full attention to driving, which can include but is not limited to eating, drinking, applying makeup, reading a map, or talking on the phone. Employees are expected to pull to the side of the road for such activities.

45.6.2.8    Excessive unauthorized absenteeism, tardiness or other attendance problems.

45.6.2.9    Unauthorized uses of county property.

45.6.2.10    Intentional or repeated violations of safety rules.

45.6.2.11    Possession or use of dangerous or unauthorized materials, such as explosives, firearms, or other similar items, while on county property, while on duty, or while operating a vehicle leased or owned by the county.

45.6.2.12    Possession, distribution, sale, use, or being under the influence of alcoholic beverages or illegal drugs while on county property, while on duty, or while operating a vehicle leased or owned by the county.

45.6.2.13    Smoking in restricted areas or where nonsmoking signs are posted.

45.6.2.14    Conduct disrupting county activities.

45.6.2.15    Excessive personal use of the telephone while on duty.

45.6.2.16    Theft or unauthorized removal or possession of property from county, fellow employees, constituents, or anyone on county property.

45.6.2.17    Insubordination or refusing to follow instructions.

45.6.2.18    Unsatisfactory performance, including quantity and quality of work product.

45.6.2.19    Violating a confidence placed with the employee in association with his/her job.

45.6.2.20    Conviction of a felony bearing a reasonable relationship to the employee’s position. A plea or verdict of guilty, or a conviction following a plea of nolo contendere, to a charge of felony is deemed to be a conviction within the meaning of this provision.

45.6.2.21    Failure of an employee who is or has become a relative/spouse of another employee within the same department to disclose the relationship in writing to the appointing authority.

45.6.2.22    Refusal to take and subscribe any oath or affirmation which is required by or in connection with his/her employment.

45.6.2.23    Engaging in any outside employment, activity or enterprise for compensation which is inconsistent, incompatible, in conflict with or inimical to his/her duties as a county officer or employee or with the duties, functions, or responsibilities of the appointing authority.

45.6.2.24    Using for private gain or advantage county time, facilities, equipment or supplies or his/her badge, uniform, prestige or influence as a county officer or employee.

45.6.2.25    Accepting any reward, favor, or other form of remuneration for the performance or nonperformance of his/her job duties or anticipation of such performance or nonperformance of his/her job duties from any vendor, contractor, individual, and/or private or public organization.

45.6.2.26    Acquiring a financial interest in any new or existing business venture or business property at a time when the employee believes or has reason to believe that the business or property will be directly affected by his/her official duties.

45.6.2.27    Inappropriate or disrespectful treatment of the public which we serve.

45.6.2.28    This is a partial list and is not intended to reflect all behavior for which discipline may occur, nor is the placement of a cause on the list indicative of the seriousness of the cause.

45.6.3    Prior to suspending, demoting or dismissing (collectively referred to herein as “discipline” or “disciplined”) an employee, the appointing authority shall contact and discuss such action with the human resources director, except:

45.6.3.1    Any employee who reports to work and based on objectively reasonable suspicion is believed to be under the influence of alcohol or illegal drugs will be transported home as medically unfit for duty and may use any accumulated leave s/he has to cover the absence from work.

45.6.3.2    Before being transported home, an employee who challenges the determination s/he is unfit will be provided an opportunity that day, as soon as possible, to establish the suspicion is unfounded by having his/her blood or urine tested at the Colusa County department of public health or other approved laboratory meeting United States Department of Transportation (“DOT”) standards. The laboratory shall perform the least intrusive test needed to determine the presence of alcohol/drugs in accordance with the protocol established by the United States Department of Transportation for drug/alcohol tests.

45.6.3.2.1    In the event the test is positive for drugs or alcohol:

45.6.3.2.1.1    The employee will be immediately suspended without pay for five days by his/her supervisor.

45.6.3.2.1.2    The employee may request a retest in accordance with the DOT protocol.

45.6.3.2.1.3    In the event the retest is negative, the employee will be reimbursed for all lost wages arising from suspension and their initial removal from work.

45.6.3.2.1.4    In the event the retest is positive, the five-day suspension will stand and the employee will be subject to further disciplinary action as discussed in subsections 45.6.5 through 45.6.7 of this section.

45.6.3.3    An employee who elects not to submit to a test waives his/her right to challenge the determination s/he was medically unfit for duty due to drugs or alcohol and will be subject to further disciplinary action as discussed in subsections 45.6.5 through 45.6.7 of this section.

45.6.3.4    An employee in the possession of unauthorized firearms or explosives shall be immediately suspended without pay for five days by his/her supervisor subject to further disciplinary action as discussed in subsections 45.6.5 through 45.6.7 of this section.

45.6.4    After consultation between the appointing authority and the human resources director, the human resources director may direct that an employee be placed on administrative leave with pay status pending the results of an investigation into the alleged misconduct for no more than twenty work days. The human resources director may extend the administrative leave for good cause.

45.6.5    If, following discussion and/or investigation, the appointing authority concludes that discipline, as defined in subsection 45.6.1.1 of this section, is appropriate, the appointing authority or his/her designee shall immediately provide a notice of intent to discipline to the affected employee. At a minimum, the notice of intent to discipline shall include a statement of the proposed discipline, the facts and circumstances giving rise to the discipline, the specific cause(s) for the discipline as defined in subsection 45.6.2 of this section, all the materials upon which the proposed discipline is based, notice of the employee’s right to respond before the discipline is implemented, and instructions for filing a pre-disciplinary response.

45.6.5.1    The notice of intent to discipline will be personally served on the employee by the appointing authority or his/her designee. If personal service upon the employee is impossible, a copy of the notice of intent to discipline will be sent by first-class mail to the employee at his/her last known address.

45.6.6    Subject to the limitations of this section, an employee who receives a notice of intent to discipline may respond to the notice either orally or in writing or by both methods. An employee who wishes to respond must initiate the predisciplinary review process by contacting the personnel director within seven days after service of the notice of intent to discipline to schedule a meeting. In the alternative, an employee who does not wish to attend a predisciplinary meeting may submit a written response to the human resources director within seven days after service of the notice of intent to discipline. If the affected employee does not contact the human resources director within seven days after service of the notice of intent to discipline, the appointing authority may implement the proposed discipline.

45.6.7    Upon being contacted by an employee who has received a notice of intent to discipline, the human resources director shall initiate the predisciplinary hearing process as follows: (1) the human resources director will either serve as the predisciplinary hearing officer or will designate another person who was not involved in the development of the disciplinary recommendation to so serve; (2) either the human resources director or designee will contact the affected employee within seven days to schedule a meeting at which the employee will be afforded the opportunity to make oral presentations and to present written materials; (3) in the alternative, the employee may waive the predisciplinary meeting and respond only in writing. However, upon reviewing written materials submitted by the employee, the human resources director or designee may request that a meeting be scheduled; and, (4) following the predisciplinary meeting and/or the submission of written materials by the affected employee, the human resources director or designee will prepare a written report which will be submitted to the appointing authority. At a minimum, this report will include a summary of the employee’s presentation and copies of any materials submitted by the employee. The report may include the recommendations of the human resources director or designee.

45.6.7.1    Upon receipt of the human resources director’s or designee’s report the appointing authority may take whatever action he/she deems appropriate. Such action may include but is not limited to the following: additional investigation/inquiry; reduction of the discipline; or implementation of the noticed discipline. If the appointing authority decides to move forward with discipline, as defined in subsection 45.6.1.1, he/she will issue a notice of discipline to the affected employee. At a minimum, the notice of discipline shall include a statement of the discipline to be imposed, the facts and circumstances giving rise to the discipline, the specific cause(s) for the discipline as defined in subsection 45.6.2, notice of the employee’s right to appeal and instructions for filing a timely appeal.

45.6.7.1.1    If, following the pre-disciplinary hearing process described in subsections 45.6.6 and 45.6.7 of this section, the appointing authority authorizes additional investigation/inquiry pursuant to subsection 45.6.7.1 of this section, and the appointing authority still intends to implement discipline pursuant to subsection 45.6.5 of this section, an amended notice of intent to discipline will be issued. In addition to the content required by subsection 45.6.5 of this section, the amended notice of intent to discipline will detail the results of the additional investigation/inquiry. An employee who receives an amended notice of intent to discipline may reinitiate the pre-disciplinary hearing process pursuant to subsection 45.6.6 of this section.

45.6.7.2    At any time during the pre-disciplinary process, the parties may seek to identify a mutually acceptable alternative to the originally noticed disciplinary action. If mutual agreement is reached, the details of the agreement will be reduced to writing and will be signed by the appointing authority, the affected employee and, if the employee is represented, the employee’s representative.

45.6.7.3    The employee’s right to representation shall apply throughout pre-disciplinary proceedings. Except for the signing of an agreement reached pursuant to subsection 45.6.7.2 of this section, any privileges extended to or obligations placed upon the employee during the pre-disciplinary process may be exercised on the employee’s behalf by his/her designated representative.

45.6.8    An employee who receives a notice of discipline issued pursuant to subsection 45.6.7.1 of this section may appeal the disciplinary action to the board of supervisors by filing a written notice of appeal addressed to the human resources director within seven days following service of the notice of discipline. The timely filing of an appeal does not stay the disciplinary action. In the absence of a timely filed appeal, the disciplinary action will be final.

45.6.8.1    Within five days following receipt of the appeal, the human resources director will request a list of five hearing officers from the state agency providing such services.

45.6.8.2    Immediately upon receipt of the list of potential hearing officers, the human resources director will coordinate the scheduling of a meeting of the parties, which may be held telephonically. The purpose of the meeting will be to select a hearing officer.

45.6.8.2.1    First, the parties will attempt to mutually agree to a hearing officer, whose name need not appear on the list provided.

45.6.8.2.2    If unable to mutually agree, the parties will select the hearing officer by alternately striking names from the list until only one name remains, with the first to strike to be determined by lot.

45.6.8.3    Upon selection, the hearing officer will coordinate the scheduling of the appeal hearing which will be conducted in accordance with California Government Code Section 11513. Normally, the hearing officer will schedule the hearing to begin within thirty days of his/her selection. If the hearing officer is not available to begin the hearing within forty-five days of his/her selection, either party to the appeal may reinitiate the selection process described in subsection 45.6.8.2 of this section.

45.6.8.3.1    The burden of proof shall be assigned to the county. The standard of proof shall be a preponderance of the evidence.

45.6.8.4    At the conclusion of the hearing, the hearing officer will take the matter under submission. Within thirty days following the close of the hearing, the hearing officer will submit a written report to the board of supervisors which shall be advisory only. The hearing officer’s report shall include findings of fact and recommendations.

45.6.8.5    The hearing officer will cause his written report and a complete record of the hearing to be delivered to the clerk of the board with copies delivered to the parties to the appeal, county counsel and the personnel director.

45.6.8.6    Upon receipt of the hearing officer’s advisory report and the record of the hearing, the matter will be placed on the board’s agenda as a closed session item for discussion at its first regular meeting following receipt of the materials. The board will take the matter under advisement.

45.6.8.7    Within forty-five days of the closed session, the board will issue its decision, which shall be in writing and will be delivered to the parties to the appeal, county counsel, the personnel director and the appropriate appointing authority.

45.6.8.7.1    The board’s decision may be based on the hearing officer’s findings and recommendations, or may be based on the board’s independent review of the record, including the transcript of the proceeding, or may be based on a combination of both.

45.6.8.7.2    In response to the appeal and consistent with its findings of fact, the board may uphold, modify or overturn the discipline.

45.6.8.7.3    Copies of the board’s written decision will be provided to all interested parties, including but not limited to the parties to the appeal, county counsel, the personnel director, the appropriate appointing authority, and the employee’s recognized exclusive employee organization.

45.6.8.7.3.1    If the board’s decision is to do anything other than adopt the hearing officer’s findings of fact and recommendation, the decision will be issued as a tentative ruling. The parties to the appeal may, within ten days of receipt of the tentative ruling, file written comments which will be considered by the board in closed session at its next regularly scheduled meeting. A copy of comments to be filed with the board will be provided to the opposing party at least five days before the close of the ten-day filing period. In response to written comments received, the board may:

45.6.8.7.3.1.1    Issue a modified decision which shall be final upon distribution; or

45.6.8.7.3.1.2    Take no action, in which case the board’s tentative ruling shall become final upon redistribution as the board’s decision.

45.6.8.7.3.2    If no written comments are filed pursuant to subsection 45.6.8.7.3.1 of this section, the board’s tentative ruling will be final with no need for further action by the board.

45.6.8.7.4    At the conclusion of the appeal process, the matter will be referred back to the human resources director, who shall certify that the board’s decision has been finalized pursuant to the provisions of subsections 45.6.8.7.3.1 through 45.6.8.7.3.2 of this section and who shall coordinate implementation of the board’s decision.

45.6.9    All of the records in an appeal shall be remanded to the clerk of the board for filing.

45.6.10    Except as may otherwise be specified or mutually agreed upon, all costs of representation and participation in the proceedings shall be borne by the party incurring the cost.

45.6.11    The disciplinary procedures described in this section shall be adhered to in all instances where discipline is contemplated and/or administered for all employees except:

45.6.11.1    Appointed department heads, who are at-will employees and who serve at the pleasure of the board, may be disciplined without cause and with no right to appeal. Appointed department heads will be provided a minimum of two weeks’ notice before termination.

45.6.11.2    The agricultural commissioner, county counsel and sealer of weights and measures may be disciplined pursuant to the terms of their contracts and/or state code.

45.6.11.3    A deputy county counsel is an at-will employee who serves at the pleasure of the county counsel and may be disciplined without cause and with no right to appeal. A deputy county counsel shall be provided a minimum of two weeks’ notice before termination.

45.6.11.4    First-time elected department heads within the first six months of office may remove incumbent assistant department heads and a chief deputy or undersheriff, who will have no right of appeal. Any employee displaced by this provision may assume his/her former position with the county if the position continues to exist and s/he has seniority over the incumbent or such other open position within county service for which s/he is qualified and has seniority.

45.6.12    Nothing in this section is intended to deprive any employee of any right s/he has at law.

45.6.13    For those employees who are covered by the Peace Officers’ Procedural Bill of Rights Act, nothing in this section will be interpreted, administered or applied inconsistent with the requirements of the Act. (Ord. No. 723, (part): Ord. No. 735, (part); Ord. No. 761, §§ 4 – 50; Ord. No. 801, §§ 1 – 5.)

45-7 Layoffs.

45.7.1    The board must operate the county in a fiscally responsible manner by exercising its discretion to allocate funds to maximize service delivery to county residents in the most efficient manner possible. On occasion it will be necessary to lay off employees in some and/or all departments.

45.7.2    Prior to any layoff, the personnel office and the appointing authority will make every effort to reassign any employee designated for layoff to another vacant position for which s/he may qualify.

45.7.3    In the event that a layoff is necessary, the initial decision of who to lay off will be made solely among members of each class of employees being reduced within the department reducing its forces, subject to an employee’s right to bump across county service as discussed in subsections 45.7.4.9 through 45.7.4.11 of this section.

45.7.4    When it is determined a layoff is necessary the following process will be followed:

45.7.4.1    The order of layoff will be determined by length of service and job performance in the job class within a department;

45.7.4.2    Temporary employees, within the job class designated for layoffs, will be laid off prior to any probationary, limited term or regular employees within the department;

45.7.4.3    The seniority date of an employee for purposes of layoff and rehire shall be based upon the date of hire in the county. A voluntary break in employment (except an authorized leave of absence) shall result in the acquisition of a new date of hire;

45.7.4.4    The employee in the class designated for a layoff with the least seniority shall be laid off first, provided all employees in the class have satisfactory performance;

45.7.4.5    Employees with documented unsatisfactory ratings on their last annual performance evaluation shall be laid off prior to those employees in the same position with satisfactory performance regardless of seniority and shall have rehire, but not bumping, rights;

45.7.4.6    When two or more employees in the same class designated for a layoff have the same seniority and equal scores on performance evaluations and only one employee in that class is being laid off, the tie shall be broken by a lot process agreed upon by the affected employees and administered by the personnel director;

45.7.4.7    The county will send written notice in person or by certified mail to the last known mailing address of any employee designated for layoff stating the reason for the layoff and the effective date of the layoff with a copy of this section and forms to request a hearing to assert displacement rights;

45.7.4.8    At the time layoff notices are sent out, the personnel director shall post a list of all county employees in the class subject to layoff arranged by seniority in the personnel office;

45.7.4.9    Any employee designated to be laid off may bump into the same or any lower class of his/her current position series throughout the county, provided s/he has more seniority than the individual being bumped. By way of example, an office assistant III can bump an office assistant II or an office assistant I;

45.7.4.10    Any employee designated to be laid off who previously passed probation in another position in the county may bump back to the last previously held position, provided the position continues to exist and s/he meets the minimum qualifications for the position, has more seniority than the incumbent, and the duties have not changed to the point where s/he could not be retrained within forty-five days;

45.7.4.11    Any employee who chooses to bump into a lesser position must be willing to accept the reduced compensation level of the position s/he is assuming, which shall be the lower rate in the salary range closest to the employee’s salary in the position from which s/he was laid off; and

45.7.4.12    If an employee is bumped, s/he shall be laid off in the same manner as an employee whose position had been abolished.

45.7.5    A regular employee who received a notice of layoff is entitled to request a hearing before the board prior to the effective date of layoff.

45.7.5.1    A request for hearing shall be made within five working days after service of the notice of layoff by personal delivery or certified mail to the last address filed with the personnel department. Failure to make such request shall waive the right to a hearing.

45.7.5.2    At the hearing, the employee may challenge:

45.7.5.2.1    The seniority determination; and/or

45.7.5.2.2    His/her bumping rights.

45.7.5.3    At the hearing, the employee shall have the right to be represented by a representative of his/her choosing, to present evidence and to cross-examine any witnesses.

45.7.5.4    If due to the board’s scheduling issues the hearing does not occur prior to the effective date of layoff, the board will extend the effective date of layoff pending the hearing and issuance of an order.

45.7.5.5    Following the hearing, the board shall issue an order affirming or revoking the layoff of the employee.

45.7.6    A regular employee who was laid off or reduced in class will have preferential rehire rights (in seniority order) to the class from which s/he was displaced, over new applicants, for a period of twelve months.

45.7.6.1    At the end of twelve months, the laid off employee may request an extension of twelve months to remain on the rehire list. A maximum of two extensions may be made.

45.7.6.2    Notification of the possible rehire of a laid off employee shall be sent certified mail.

45.7.6.3    If a laid off employee declines three job offers, his/her name will be removed from the rehire list.

45.7.6.4    When a laid off employee is reemployed from the rehire list, s/he will be entitled to accrue sick leave and vacation at the same rate at which it was accrued prior to layoff and any unused and uncompensated sick leave will be reinstated. (Ord. No. 723, (part): Ord. No. 735, (part).)

45-8 An employee of Colusa County has the right.

An employee of Colusa County has the rights designated in sections 45-8.1 through 45-8.19. (Ord. No. 723, (part): Ord. No. 735, (part).)

45-8.1 To be paid.

45.8.1.1    Employees are paid based on their class and step in that class. Each class of positions is assigned a salary range by a salary resolution.

45.8.1.2    The regular work week shall consist of five working days commencing on Sunday at twelve a.m. of varied duration ranging from thirty-seven and one-half hours to forty hours per week.

45.8.1.3    An appointing authority may establish alternative beginning and ending work weeks (alternate work weeks) on either Friday or Monday; provided, that in so doing the needs of the public are fully addressed and the department is open every weekday as required by code.

45.8.1.3.1    An alternate work week schedule is a variation of the regular work week.

45.8.1.3.2    Alternate schedules include but are not limited to four/ten schedules, three/nine and one-half and one/nine schedules, eight/eighty schedules, nine/eighty schedules or eight/seventy-five schedules and/or nine/seventy-five schedules; provided, that in all cases the schedule will result in the employees working a fixed schedule equal to the total number of hours they would work in a regular work week or biweekly.

45.8.1.3.3    An alternate schedule shall be placed in writing by the appointing authority and will be submitted to the personnel director for review before it is implemented. The purpose of the personnel director’s review is to ensure compliance with the requirements of this chapter, the provisions of applicable MOUs and established Fair Labor Standards Act work periods. If an alternate work schedule is found to be deficient in any of these regards, it will be returned to the appointing authority with a full explanation of the deficiencies. An alternate work schedule will not be implemented until it satisfactorily clears the personnel director’s review.

45.8.1.3.4    The appointing authority may, at any time, require an employee or group of employees to revert to a regular work schedule permanently or temporarily. The affected employee(s) shall be given seven days’ notice of a permanent change and twenty-four hours’ notice of a temporary change.

45.8.1.3.5    During payroll periods containing a holiday employees may be required to revert to a regular work schedule. An employee on an alternative work schedule shall be paid holiday pay for no more hours than s/he would work on a regular work week schedule: seven and one-half or eight hours.

45.8.1.3.6    The use of accrued leave balances such as vacation, sick leave and other paid time off shall be on an hour-for-hour basis equal to the number of hours the employee is customarily scheduled to work in a day. (Example: An employee on a four/ten schedule would be charged ten hours for each day of paid time off.)

45.8.1.4    Each employee is expected to take one fifteen-minute rest period within each four hours of work performed by the employee in a work day. If not taken, the rest period is waived.

45.8.1.5    Any county employee who performs the majority of his/her regular shift between the hours of four p.m. and eight a.m. (including but not limited to peace officers at the sheriff’s department, road department equipment service workers, custodians, and library staff) shall receive additional compensation per shift.

45.8.1.6    Nonexempt employees may be required to work overtime beyond their scheduled work week, if in the judgment of their supervisor overtime is necessary to meet emergencies or to complete an assignment.

45.8.1.6.1    Before an employee works overtime it must be approved by the employee’s supervisor.

45.8.1.6.2    Employees who work routine overtime without approval from their supervisor may be disciplined.

45.8.1.6.3    Travel time associated with the performance of job duties will be allowed as overtime subject to prior approval by the employee’s supervisor.

45.8.1.6.4    All overtime computed pursuant to this section shall be rounded off to the nearest quarter hour.

45.8.1.6.5    No employee may be required to work more than sixteen consecutive hours except as may be necessary for the preservation of life or property.

45.8.1.6.6    Overtime is calculated based on hours actually worked in a pay period and for purposes of the calculation does not include holidays, vacation days, sick days or other paid leave taken.

45.8.1.6.7    Hours worked in excess of thirty-seven and one-half hours through forty hours per week will be compensated at an employee’s regular hourly rate.

45.8.1.6.8    Hours worked in excess of forty hours per week will be compensated at the rate of one and one-half times the employee’s regular hourly rate of pay.

45.8.1.7    Except as otherwise provided in this section, employees shall be paid on the last work day of each monthly pay period. In the event the last work day falls on a holiday, then payment shall be made on the last preceding work day as required by law.

45.8.1.7.1    Each monthly pay period shall consist of the number of regularly scheduled work days and holidays in the month.

45.8.1.7.2    Regular part-time employees will be paid on the ratio their working day (or fraction thereof) bears to the working days in a regular full monthly pay period.

45.8.1.7.3    Temporary hires shall be paid for all working hours reported by the appointing authority on the same days as set forth in this section.

45.8.1.7.4    In the event an employee voluntarily or involuntarily leaves the county’s employ, s/he shall be paid on the next regular payday.

45.8.1.8    The county will deduct from an employee’s wages such amounts as are authorized by law or the employee.

45.8.1.9    Payroll deductions may be taken to pay membership dues to a recognized exclusive employee organization pursuant to MOU and/or as approved by the board.

45.8.1.10    Nothing herein shall be construed as restricting the right of an employee to revoke his/her authorization for payroll deductions.

45.8.1.11    Except as otherwise provided by law, the board may by resolution establish per diem and travel reimbursement for employees traveling out-of-county on county business.

45.8.1.12    Employees, with the approval of their appointing authorities, will be reimbursed for the cost of meals when attending a county business-related meeting within the boundaries of the county.

45.8.1.13    All compensation of any kind other than a regular county salary or wage received by any county officer or employee in his/her official capacity shall be paid into the county treasury except those permitted by law or approved by the board. (Ord. No. 723, (part): Ord. No. 735, (part); Ord. No. 761, §§ 51, 52.)

45-8.2 To participate in health and welfare benefit plans.

45.8.2.1    The county provides its employees medical health insurance options.

45.8.2.1.1    The county makes a monthly contribution toward the cost of each employee’s medical health insurance.

45.8.2.1.2    Any cost above the board’s contribution is the obligation of the employee.

45.8.2.1.3    The county’s contribution toward the cost of a part-time employee’s health insurance is a pro rata share of the medical cap based on the employee’s hours worked in relationship to full-time employment.

45.8.2.1.4    Those part-time employees who choose not to contribute their share of the health insurance premium waive their right to that benefit.

45.8.2.1.5    Employees covered under other health insurance plans, who provide proof of such coverage, may be provided options other than set forth herein with regard to the medical cap.

45.8.2.1.6    Those retiring from Colusa County service with a minimum of five continuous years of service immediately prior to retirement are eligible for county health care coverage for retirees subject to the medical cap on the county’s contribution set forth above.

45.8.2.2    The county provides its employees dental insurance.

45.8.2.2.1    The county makes a monthly contribution toward the cost of each employee’s dental insurance.

45.8.2.2.2    Any cost above the board’s contribution is the obligation of the employee.

45.8.2.2.3    The county’s contribution toward the cost of a part-time employee’s dental insurance is a pro rata share of the dental cap based on the employee’s hours worked in relationship to full-time employment.

45.8.2.2.4    Part-time employees who choose not to contribute their share of the dental insurance premium waive their right to that benefit.

45.8.2.2.5    Employees covered under other dental insurance plans, who provide proof of such coverage, may be provided options other than set forth herein with regard to the dental cap.

45.8.2.3    The county provides its employees basic vision insurance.

45.8.2.3.1    There is no cost for this benefit to full-time employees.

45.8.2.3.2    The county’s contribution toward the cost of a part-time employee’s vision insurance is a pro rata share of the cost based on the employee’s hours worked in relationship to full-time employment.

45.8.2.3.3    The vision insurance contract requires participation by all employees; therefore, part-time employees are required to contribute their share of the vision insurance premium.

45.8.2.4    The county provides its employees fifty thousand dollars in life insurance.

45.8.2.4.1    There is no cost for this benefit to full-time employees.

45.8.2.4.2    The county’s contribution toward the cost of a part-time employee’s life insurance is a pro rata share of the cost for a full-time employee based on the employee’s level of employment.

45.8.2.4.3    The life insurance contract requires participation by all employees; therefore, part-time employees are required to contribute their share of the life insurance premium.

(Ord. No. 723, (part): Ord. No. 735, (part).)

45-8.3 To take time off work for holidays or be compensated.

45.8.3.1    The county recognizes the following holidays:

45.8.3.1.1    January 1st, known as “New Year’s Day.”

45.8.3.1.2    The third Monday in January, known as “Martin Luther King, Jr. Day.”

45.8.3.1.3    February 12th, known as “Lincoln Day.”

45.8.3.1.4    The third Monday in February, known as “Presidents’ Day.”

45.8.3.1.5    March 31st, known as “Cesar Chavez Day.”

45.8.3.1.6    The last Monday in May, known as “Memorial Day.”

45.8.3.1.7    July 4th, known as “Independence Day.”

45.8.3.1.8    The first Monday in September, known as “Labor Day.”

45.8.3.1.9    The second Monday in October, known as “Columbus Day.”

45.8.3.1.10    November 11th, known as “Veterans Day.”

45.8.3.1.11    The fourth Thursday of November, known as “Thanksgiving Day.”

45.8.3.1.12    The day after Thanksgiving.

45.8.3.1.13    December 25th, known as “Christmas Day.”

45.8.3.1.14    Every day appointed by the President or Governor as a day free of work including but not limited to a national day of mourning, thanksgiving, or other day no matter how designated of national or statewide significance unless otherwise decided by the board.

45.8.3.2    If any of the holidays recognized by the county falls on a Saturday, the preceding Friday will be a holiday.

45.8.3.3    If any of the holidays falls on a Sunday, the following Monday will be a holiday.

45.8.3.4    Employees required to work on a holiday shall be paid at the rate of one and one-half hours for each hour worked. (Ord. No. 723, (part): Ord. No. 735, (part).)

45-8.4 To accumulate and use vacation leave with pay.

45.8.4.1    Commencing January 1, 2014, the county vacation leave with pay plan will function as an annual accrual-usage plan (“plan”). Under the plan, vacation will be earned and credited on a monthly basis.

45.8.4.2    Employees are encouraged and expected to use all vacation in the year in which credited.

45.8.4.2.1    Vacation shall be used in no less than fifteen-minute increments.

45.8.4.2.2    Vacation must be scheduled in advance subject to pre-approval by the employee’s supervisor.

45.8.4.3    Appointing authorities are charged with actively managing the vacation usage of their employees to ensure vacation is used in accordance with this section.

45.8.4.4    After the first six months of employment, employees will have credited to their vacation account five accrued days of vacation.

45.8.4.5    Vacation shall accrue on an hourly basis and shall be added to the employee’s vacation balance monthly based on an employee’s leave anniversary date. An employee may accumulate a maximum of eighteen months of vacation accrual. An employee who accumulates vacation in excess of the maximum allowable hours will stop accruing vacation until his/her accumulated vacation hours fall below the maximum allowed. Vacation shall accrue and may be accumulated at the following rates:

Employees Hired After December 31, 2012 

Time in Service

Annual Vacation

Monthly Accrual

Maximum Accumulation

37.5-Hour Week

40-Hour Week

37.5-Hour Week

40-Hour Week

0 through 5 yrs

0 – 10 days

6.250 hours

6.666 hours

112.50 hours

120.00 hours

6 through 10 yrs

15 days

9.375 hours

10.000 hours

168.75 hours

180.00 hours

11 through 19 yrs

20 days

12.500 hours

13.333 hours

225.00 hours

240.00 hours

20+ yrs

25 days

15.625 hours

16.666 hours

281.25 hours

300.00 hours

 

Employees Hired Prior to January 1, 2013 

Time in Service

Annual Vacation

Monthly Accrual

Maximum Accumulation

37.5-Hour Week

40-Hour Week

37.5-Hour Week

40-Hour Week

0 through 1 yr

0 – 10 days

6.250 hours

6.666 hours

 

 

1 through 10 yrs

15 days

9.375 hours

10.000 hours

168.75 hours

180 hours

11 through 19 yrs

20 days

12.500 hours

13.333 hours

225.00 hours

240 hours

20+ yrs

25 days

15.625 hours

16.666 hours

281.25 hours

300 hours

45.8.4.6    Deleted by Ordinance No. 735.

45.8.4.7    Deleted by Ordinance No. 801.

45.8.4.8    All vacation hours accumulated by an employee before January 1, 2009, will be carried forward in a separate employee’s vacation account, which may be referenced as the “pre-2009 vacation account,” subject to the following:

45.8.4.8.1    Effective January 1, 2014, the value of each vacation hour included in an employee’s pre-2009 vacation account will be calculated at the employee’s current hourly rate of pay and will be frozen at that amount.

45.8.4.8.2    If, subsequent to January 1, 2014, an employee takes vacation time off using vacation hours credited to the pre-2009 vacation account, he/she will be granted vacation time off on an hour-for-hour basis, with no regard for his/her current rate of pay.

45.8.4.8.3    If, subsequent to January 1, 2014, an employee or his/her estate is paid for vacation hours credited to the pre-2009 vacation account pursuant to subsection 45.8.4.13 of this section, those hours will be paid at the hourly rate determined pursuant to subsection 45.8.4.8.1 of this section.

45.8.4.9    Legal holidays occurring during vacation leave will not be charged as vacation leave but as a holiday.

45.8.4.10    Part-time employees shall accrue and may accumulate vacation leave on a pro rata basis equal to their prorated service time and their prorated hours worked.

45.8.4.11    Repealed by Ordinance No. 801.

45.8.4.12    The appointing authority in its discretion may ask an employee who has completed at least six months of employment, has earned unused vacation leave, and is about to resign, retire under provisions of the State Employee’s Retirement System, or be laid off to take such accumulated vacation leave prior to the effective day of resignation, retirement, or layoff.

45.8.4.13    Upon termination, the employee or his/her estate will be paid the monetary value of the earned unused vacation in the employee’s vacation account. (Ord. No. 723, (part): Ord. No. 735, (part); Ord. No. 761, § 53; Ord. No. 801, §§ 6 – 8.)

45-8.5 To accumulate and use sick leave with pay.

45.8.5.1    Employees will accrue twelve days of sick leave in each calendar year or one day for each calendar month of service.

45.8.5.2    Sick leave accrual shall commence on the date of hire and shall be unlimited.

45.8.5.3    Part-time employees are eligible to receive sick leave prorated to a full-time work week based on their hours worked.

45.8.5.4    For purposes of computing sick leave, each employee shall be considered to work no more than five days each week.

45.8.5.5    Sick leave is to be used only for illness or such other purposes as allowed by law or code.

45.8.5.6    The county will no longer provide a sick leave “cash out,” except as follows:

45.8.5.6.1    Each county employee with one or more years of service will be compensated at the time of resignation, retirement, termination or layoff for any accrued and unused sick leave s/he had as of December 31, 2008, subject to the formula which follows or such other formula arrived at during meeting and conferring with a recognized exclusive employee organization:

45.8.5.6.1.1    Ten percent of the gross value of one through fifty-nine days of accumulated sick leave;

45.8.5.6.1.2    Twenty-five percent of the gross value of sixty through eighty-nine days of accumulated sick leave; and

45.8.5.6.1.3    Fifty percent of the gross value of ninety or more days.

45.8.5.6.2    If the value of the employee’s accumulated sick leave is ten thousand dollars or less, it will be paid in one lump sum.

45.8.5.6.3    If the value of an employee’s accumulated sick leave is more than ten thousand dollars, the board shall have the option, in its discretion, to pay the employee in three or fewer equal installment payments with the first payment being made within thirty days of termination of the employment relationship and the remaining payment(s) with interest at the interest rate earned by the county on its commingled funds during the year of disbursement on or near June 30th of the following fiscal years.

45.8.5.7    Employees subject to subsection 45.8.5.6.1 of this section will have all sick leave taken from January 1, 2009, forward charged first to sick leave accrued after that date and second to sick leave accumulated prior to that date.

45.8.5.8    An employee entitled to temporary disability indemnity under the Labor Code may elect to use his/her accumulated leave in conjunction with his/her disability indemnity in order to receive his/her full salary or wage while on disability leave until both are exhausted.

45.8.5.9    If an employee is absent from work for more than three consecutive work days due to illness or injury, and such absence is ordinarily chargeable to sick leave, even though some other form of leave is being used to cover the absence, the employee will be required to furnish a doctor’s statement upon return to work.

45.8.5.10    Any employee claiming sick leave who makes a false claim, refuses to be examined by a doctor selected by the county, fails to cooperate in any investigation by the county of his/her claim for sick leave, or makes a false statement shall not be entitled to any leave with pay for the time in dispute and shall be subject to disciplinary action, including dismissal.

45.8.5.11    Sick leave days can be used in the case of a death in the immediate family of an employee or spouse provided the employee is prepared to provide proof of death for leaves longer than five days and has accumulated sufficient sick leave.

45.8.5.12    Sick leave days can be used in the case of illness involving the employee’s immediate family, provided the employee has accumulated sufficient sick leave and provides medical documentation, if requested by the appointing authority. (Ord. No. 723, (part): Ord. No. 735, (part); Ord. No. 761, § 54.)

45-8.6 To appropriate salary adjustments upon change in status.

45.8.6.1    Repealed by Ordinance No. 761.

45.8.6.2    An employee promoted to a position in a class with a higher salary range shall be paid at the higher rate closest to the employee’s salary, but in no event less than five percent more than the employee was paid in the former position. The employee shall receive a new salary anniversary date (see section 45.8.7.2). The eligibility of the employee for step increases within the higher salary range will be governed by the provisions of this chapter.

45.8.6.3    An employee demoted to a position in a class with a lower salary range shall be paid at the lower rate closest to the employee’s salary in his former position. The employee shall receive a new salary anniversary date.

45.8.6.4    Whenever an employee is returned to his/her former position following promotion or temporary assignment, the employee shall return to the same status in that position as s/he would have attained and the same salary anniversary date as if the employee had remained in the position.

45.8.6.4.1    If a position is reclassified, the salary will be adjusted in keeping with the salary range established for the class.

45.8.6.5    If an employee would suffer an actual decrease in salary as a result of action taken by the county through no action by the employee, the board may adopt a Y-rate to apply to the employee’s salary.

45.8.6.5.1    An employee with a Y-rated salary is ineligible for any wage increases, including cost of living adjustments, until the wage s/he is receiving is surpassed by the wages paid to other similarly situated employees on the same step established for his/her class position.

45.8.6.6    On request of the appointing authority the board may approve by four-fifths vote placing an employee on a step of the salary range for a class either higher or lower than that provided elsewhere in this chapter. (Ord. No. 723, (part): Ord. No. 735, (part); Ord. No. 761, § 55.)

45-8.7 To be considered for step increases in pay.

45.8.7.1    Subject to repeal on or before July 1, 2010, following the adoption and implementation of the compensation plan identified in section 45.8.6.1.

45.8.7.2    An employee shall have a “salary anniversary date,” for purposes of tracking step increases, which will be the first day of the monthly pay period after completion of the initial probationary period in a position. (See section 45.4.2.)

45.8.7.3    For purposes of step advancement, all employees shall serve a minimum of twelve months in a step before becoming eligible to progress to the next step until they reach step six.

45.8.7.4    After an employee reaches step six in a position, step increases may occur every twenty-four months, provided:

45.8.7.4.1    Employees hired before January 1, 2014, may increase to a higher step in that position pursuant to a transition plan included in a negotiated MOU or, for unrepresented employees, included in a management resolution adopted by the board of supervisors.

45.8.7.5    Step increases are not automatic and are granted as a result of demonstrated satisfactory performance.

45.8.7.6    An employee whose performance does not warrant a step increase will be provided:

45.8.7.6.1    Written notice in advance of the employee’s salary anniversary date that his/her step increase will not be given; and

45.8.7.6.2    A performance improvement plan developed by his/her appointing authority in conjunction with the personnel department identifying the areas and time period within which improvement is expected, and the consequences of failure to improve.

45.8.7.7    Nothing in this section shall be deemed to preclude the authority of the board to declare a moratorium on step increases. (Ord. No. 723, (part): Ord. No. 735, (part); Ord. No. 761, §§ 56 – 59.)

45-8.8 To have performance evaluated.

45.8.8.1    A system of ratings will be used to evaluate the work performance of county employees in the classified service at least annually on or before an employee’s salary anniversary date and quarterly for probationary employees in a position and more often as deemed advisable by the appointing authority following consultation with the personnel director.

45.8.8.2    The performance evaluation will be prepared by the appointing authority and include at a minimum:

45.8.8.2.1    A comprehensive review of the employee’s performance of the duties and responsibilities of his/her current position;

45.8.8.2.2    Specific discussion of areas in which improvement in performance is desired; and

45.8.8.2.3    Specific identification of areas in which the employee excels in performance.

45.8.8.3    Performance evaluations will be prepared on forms disseminated by the personnel director, which shall be structured in terms of specific job duties identified in the job description for the position the employee holds.

45.8.8.4    In an effort to establish consistency in performance ratings to the extent possible, the personnel director will prepare and promulgate standards subject to approval by the board for use in evaluating county employees.

45.8.8.5    A performance evaluation, once complete, will be reviewed with the relevant employee by the appointing authority.

45.8.8.6    The employee shall have an opportunity to comment regarding the content of the performance evaluation orally and in writing.

45.8.8.7    The employee should be advised s/he can submit a response to the performance evaluation to personnel for inclusion in his/her personnel file.

45.8.8.8    The employee shall sign the performance evaluation confirming it has been reviewed with him/her. If an employee refuses to sign, that fact shall be noted and the employee shall initial the notation. An employee’s signature does not serve to confirm agreement with the evaluation.

45.8.8.9    An employee’s refusal to sign or initial as discussed in subsection 45.8.8.8 of this section will be considered insubordination.

45.8.8.10    Following the review of the performance evaluation with the employee, the completed performance evaluation and any employee response will be placed in the employee’s personnel file.

45.8.8.11    Performance ratings will be given consideration in determining questions of step increases, promotions, order of layoff, order of placement on reemployment lists, disciplinary action, and other personnel actions. (Ord. No. 723, (part): Ord. No. 735, (part).)

45-8.9 To be coached in the performance of job duties.

45.8.9.1    To the extent possible, individual performance problems will be identified and will be reported to the employee as they occur or as soon as reasonably practical thereafter. The employee is to be notified of the specific act(s) or omission(s) that constituted unacceptable performance and will be provided the coaching necessary to perform acceptably under the circumstances at hand.

45.8.9.2    If a performance problem poses a risk to the health or safety of the employee or others or the efficient operations of county government or has not been corrected by previous verbal coaching, a coaching memo will be given to the employee and a copy will be placed in the employee’s personnel file.

45.8.9.2.1    The coaching memo shall identify: the unacceptable performance in a level of detail sufficient to be understood by the employee; an explanation explaining why the performance is unacceptable; previous attempts to correct the performance, if any; what constitutes acceptable performance; and the consequences of continued unacceptable performance.

45.8.9.2.2    The coaching memo should be as complete as possible and may include additional information not specifically discussed with the employee, provided such additional information is identified as such; and

45.8.9.2.3    The coaching memo will identify only those performance issues that were discussed with the employee as a result of the incident or incidents giving rise to the coaching memo.

45.8.9.3    The employee will be encouraged to sign the coaching memo. The employee’s signature will serve to confirm that the coaching memo was reviewed with him/her but will not serve to confirm that the employee agrees with the content of the coaching memo.

45.8.9.4    Coaching memos are informational not disciplinary and not subject to the grievance or disciplinary appeal procedures.

45.8.9.5    Employees may respond in writing to coaching memos. Written responses will be attached to the coaching memo and will be included in the employee’s personnel file.

45.8.9.6    If the performance issues addressed in a coaching memo are satisfactorily addressed and there is no mention of these issues in the employee’s next succeeding performance evaluation, provided that the next evaluation is at least one year later, the coaching memo will be removed from his/her personnel file.

45.8.9.7    Under the following circumstances, an employee may, at the discretion of the appointing authority, be issued a written warning:

45.8.9.7.1    If an employee receives three or more coaching memos regarding performance issues of any kind in one year; or

45.8.9.7.2    An employee fails to correct the unacceptable performance identified in a coaching memo within a reasonable amount of time as specified in the coaching memo; or

45.8.9.7.3    An employee engages in conduct that constitutes a minor violation of any of the causes for which an employee can be disciplined as described in sections 45.6.2.1 through 45.6.2.28.

45.8.9.8    A written warning will identify all areas of performance and/or conduct causing concern, why the areas cause concern, steps the employee must take to correct these concerns and consequences to the employee if those steps are not satisfactorily completed.

45.8.9.9    Written warnings are minor discipline and may be appealed through Step 3 of the grievance procedures as specified in Section 45-9.11.

45.8.9.10    Employees may respond in writing to written warnings. Responses will be attached to the written warning and will be included in the employee’s personnel file.

45.8.9.11    For those employees who are subject to the provisions of the Public Safety Officers’ Procedural Bill of Rights Act, nothing in this section will be interpreted or applied in violation of the Act. (Ord. No. 723, (part): Ord. No. 735, (part); Ord. No. 761, § 60.)

45-8.10 To take leaves.

45.8.10.1    Employees may take all leaves allowed by law in keeping with the legal requirements set for such leaves. Details regarding the leaves including eligibility criteria and reporting requirements can be obtained from the human resources department.

45.8.10.2    Leaves without Pay.

45.8.10.2.1    Subject to the approval processes described below, regular and limited term employees may request personal leave without pay for illness and matters of import to the employee after an employee has exhausted any accrued relevant or statutory leave time.

45.8.10.2.2    The employee does not accrue sick leave, vacation leave, or any other benefits while on leave without pay.

45.8.10.2.3    The employee must pay contributory benefits directly when on leave without pay.

45.8.10.2.4    The employee may be initially granted leave without pay for a period not to exceed one hundred twenty calendar days upon approval of the appointing authority with notice to and approval of the human resources director.

45.8.10.2.5    Additional leave beyond one hundred twenty days shall be at the discretion of the board.

45.8.10.2.6    If an employee is granted leave without pay and is absent for more than thirty calendar days or one payroll period, his/her salary anniversary date shall be modified to reflect the time off work as allowed by law.

45.8.10.2.7    All calculations regarding leave without pay shall be based on the number of calendar days the leave lasts.

45.8.10.2.8    Return following leave without pay is not an appointment, but is a continuation of service. Compensation and benefits shall be based on actual service except as prohibited by applicable laws and regulations.

45.8.10.3    Medical Leave.

45.8.10.3.1    Medical leave can be leave without pay subject to subsection 45.8.10.2 of this section after an employee exhausts accrued leave time to cover time off work.

45.8.10.3.2    Medical leave can be voluntary or involuntary.

45.8.10.3.2.1    An employee voluntarily requesting medical leave will be required to provide medical certification of the need for the leave.

45.8.10.3.2.2    The human resources director may request that an employee submit to and pass a medical or psychiatric/psychological examination when the appointing authority and/or the human resources director have concerns about an employee’s ability to perform his/her essential job duties safely without risk of injury to him/herself or others.

45.8.10.3.2.2.1    Employees who are actively working at the time of the examination will be paid at their regular rate for the time spent being examined and for a reasonable amount of travel time to and from the place of examination.

45.8.10.3.2.2.2    Should a medical or psychiatric/psychological examination reveal that the employee is not able to safely perform the essential duties of his/her position without risk of injury to him/herself or others and there is no accommodation that will change that circumstance, the employee will be placed on a medical leave.

45.8.10.3.3    Employees on medical leave, voluntarily or involuntarily, are required to provide periodic medical certification that a medical need for the leave continues. Information regarding these certification requirements may be obtained from the human resources department.

45.8.10.3.4    Prior to an employee returning from a medical leave, the human resources director may request that the employee submit to and pass a medical exam to establish fitness to safely perform the essential duties of his/her position without risk of personal injury or injury to others or to establish reasonable accommodation that will enable safe performance of the essential duties.

45.8.10.3.5    No employee may refuse to complete a medical examination.

45.8.10.3.6    The human resources director will make arrangements for the direct referral of employees for medical examinations to a medical service provider of his/her choosing.

45.8.10.4    Bereavement Leave.

45.8.10.4.1    Bereavement leave will be granted in the case of death in the immediate family of the employee or spouse, as follows:

45.8.10.4.2    Five days per death in the immediate family as bereavement leave.

45.8.10.4.3    After five days, the employee may have additional leave as allowed by section 45.8.5.11.

45.8.10.4.4    Bereavement leave does not accumulate, cannot be transferred, and has no cash value.

45.8.10.4.5    “Immediate family” means spouse, registered domestic partner, parents and grandparents, children and grandchildren, brothers and sisters, mother-in-law and father-in-law, brothers-in-law and sisters-in-law, daughters-in-law and sons-in-law; adopted, foster and step members are also included in immediate family. For the purposes of this section, the family members of a registered domestic partner will have the same status as the family members of a spouse. (Ord. No. 723, (part): Ord. No. 735, (part); Ord. No. 761, § 61; Ord. No. 801, §§ 9 – 15.)

45-8.11 To work in a work environment where violence, the threat of violence or bullying is responded to promptly.

45.8.11.1    The county has adopted a zero tolerance policy for workplace violence and will at all times endeavor to protect its employees and the public that it serves against violent, threatening or intimidating/bullying behavior that may occur in the county work environment.

45.8.11.2    Each employee will be asked to acknowledge receipt of the county’s policy on workplace violence and bullying at least annually at his/her annual performance evaluation. (Ord. No. 723, (part): Ord. No. 735, (part).)

45-8.12 To work in a neutral work environment free of discrimination.

45.8.12.1    The county is committed to fair treatment for all employees and full compliance with all employment laws. However, in making this commitment the county cannot promise a workplace free of stress, where everyone is happy and content all of the time. Stress is naturally present in the workplace and is heightened during those times when an employee is called upon to set aside his/her will, especially if the employee disagrees with the direction the supervisor is headed. The stress at such times has given rise to employees second-guessing their supervisors, openly questioning the direction of their departments, and complaining to the board and personnel that they are being forced to work in a “hostile work environment.” Absent a supervisor’s decisions being biased as a result of an employee’s membership in a protected class, the supervisor does not create a hostile work environment by asking an employee to do his/her job the supervisor’s way. Employees are asked to allow their supervisors to run their operations/departments and follow their lawful directions, even though an employee may disagree.

45.8.12.2    Each employee will be asked to acknowledge receipt of the county’s anti-harassment/discrimination policy at least annually at his/her annual performance evaluation. (Ord. No. 723, (part): Ord. No. 735, (part).)

 

45-8.13 To seek assistance in dealing with an alcohol or drug usage problem voluntarily before it becomes a subject of discipline.

45.8.13.1    The use of alcohol, illegal drugs, controlled substances and the abuse of prescription drugs (all are referred to hereinafter as “drugs”) can adversely affect an employee’s work performance, efficiency, safety and health and seriously impair the employee’s value to the county.

45.8.13.2    In addition, the use or possession of drugs on the job constitutes a potential danger to the welfare and safety of other employees and exposes the county to the risk of property loss or damage, or injury to other persons.

45.8.13.3    The county strictly prohibits:

45.8.13.3.1    Possession or use of drugs, or being under the influence of drugs while on the job, on county property or off county property during work hours, including lunch;

45.8.13.3.2    Driving a county vehicle or any vehicle while on county business while under the influence of drugs;

45.8.13.3.3    Distribution, sale or purchase of an illegal or controlled substance while on the job or on county property; or

45.8.13.3.4    Possession or use of prescription and/or over-the-counter drugs, which may affect the employee’s job performance without the express prior written consent of his/her immediate supervisor.

45.8.13.4    Not only will violation of this section not be tolerated, but the county may bring any violation to the attention of the appropriate law enforcement authorities.

45.8.13.5    Employees who violate this policy are subject to disciplinary action up to and including termination.

45.8.13.6    The county reserves the right based on reasonable suspicion to conduct searches of county property and to implement other measures necessary to deter and detect drugs in keeping with section 45.8.14.

45.8.13.7    Employees suffering from chemical dependencies are encouraged by the county to seek treatment and/or rehabilitation. Employees who seek such assistance will be given a rehabilitation leave. However, the county will not continue to employ any person whose job performance is impaired because of drug or alcohol use and will not grant a rehabilitation leave to a person who does not come to the county before the county goes to the person regarding his/her poor work performance.

45.8.13.8    Repealed by Ordinance No. 761.

45.8.13.9    Nothing in this section is intended to deprive any employee of any right s/he has at law. (Ord. No. 723, (part): Ord. No. 735, (part); Ord. No. 761, § 62.)

45-8.14 To use county equipment with no expectation of privacy.

45.8.14.1    All county property/equipment is to be used primarily for the benefit of the county. Accordingly, employees are advised to not hold, store nor receive anything they intend to be private on county property/equipment as this property/equipment is open at all times to the county for inspection. There is no right to privacy for personal communications or possessions held, stored or received on county property/equipment. No one has authority to make an exception to this policy. This policy applies equally to all county property/equipment including but not limited to real property, personal property, buildings, lockers, cars, trucks, workstations, computers, cell phones, pagers, telephones, and related county electronic storage.

45.8.14.2    Employees found using any county equipment in a manner that does not show respect, courtesy and professionalism for others and the equipment may be disciplined.

45.8.14.3    The county may use anything recovered from its property to support its employment decisions up to and including termination.

45.8.14.4    Each employee will be asked to acknowledge receipt of the county’s privacy policy at least annually at his/her annual performance evaluation.

45.8.14.5    Nothing in this section is intended to deprive any employee of any right s/he has at law. (Ord. No. 723, (part): Ord. No. 735, (part).)

45-8.15 To outside employment.

45.8.15.1    Regular, probationary and limited term full-time employees shall not engage in outside employment during the employees’ assigned working hours.

45.8.15.2    Regular, probationary and limited term full-time employees shall not engage in outside employment without the approval of their appointing authority.

45.8.15.2.1    Prior to granting permission to engage in outside employment, the appointing authority shall determine:

45.8.15.2.1.1    The duties or services of the proposed outside employment will not create a conflict of interest for the employee while serving in an official capacity with the county;

45.8.15.2.1.2    The proposed outside employment will not defame, embarrass or reflect discredit upon the county;

45.8.15.2.1.3    The employee is serving the county satisfactorily and will be able to continue to do so if the employee undertakes outside employment; and

45.8.15.2.1.4    The employee’s leave usage to that point does not in any way reflect or give the appearance of abuse.

45.8.15.3    The county will have no responsibility to an employee who is injured or contracts an occupational illness due to outside employment except to allow the employee to use any available leave earned up to the point the employee is injured or becomes ill.

45.8.15.4    The appointing authority shall require outside employment to cease if it has a negative impact on the employee’s job performance. (Ord. No. 723, (part): Ord. No. 735, (part).)

45-8.16 To leave the county’s employ.

45.8.16.1    An employee who wishes to resign shall submit the resignation in writing to the appointing authority at least ten working days in advance of the termination date.

45.8.16.2    A resignation submitted by an employee shall be effective as of the date stated therein or on such sooner date as the appointing authority and the employee may agree.

45.8.16.3    A resignation may be withdrawn at the request of the employee and the consent of the appointing authority.

45.8.16.4    The written resignation, together with such other forms as are required by the personnel director and auditor, shall be forwarded immediately to the personnel director and auditor by the appointing authority.

45.8.16.5    An employee will be considered to have abandoned his/her position if s/he fails to give a written resignation and:

45.8.16.5.1    Fails to report to work without calling in for three consecutive days absent extraordinary circumstances beyond the employee’s control;

45.8.16.5.2    Applies for unemployment insurance;

45.8.16.5.3    Accepts other employment while on an authorized leave of absence; or

45.8.16.5.4    Fails to return to work after a layoff and subsequent recall.

45.8.16.6    Failure of the employee to provide a written resignation may be cause for denial of future employment. (Ord. No. 723, (part): Ord. No. 735, (part); Ord. No. 761, § 63.)

45-8.17 To be reemployed.

45.8.17.1    Employees will be reemployed from leaves authorized by law in keeping with the legal requirements of the applicable law, provided the employee satisfied the reporting requirements of the law.

45.8.17.2    A Colusa County employee’s reinstatement following a military leave will be governed in all respects by the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA).

45.8.17.3    Any person reentering county employment following separation by reason of discharge, resignation, or rejection during a probationary period shall be considered a new employee. This section shall not apply to discharged employees who are reinstated as a result of the appeal process. (Ord. No. 723, (part): Ord. No. 735, (part).)

 

 

45-8.18 To view his/her personnel file.

45.8.18.1    Employee personnel files are confidential and privileged.

45.8.18.2    Access to them is limited to the following persons: the employee, a representative(s) authorized by the employee, the employee’s immediate supervisor and appointing authority, the personnel director, county counsel, and members of the board, as required in the performance of their duties on matters pertaining to the individual employee and/or the efficient conduct of the county’s business.

45.8.18.3    Employees may review their personnel files on any business day, Monday through Friday, provided they request access twenty-four hours in advance.

45.8.18.4    Personnel records should include paperwork generated in association with an employee’s employment with the county.

45.8.18.5    Medical data regarding employees including medical leave requests shall be maintained in a separate folder which shall be kept apart from an employee’s personnel file under lock and key. Access to such records is limited by law.

45.8.18.6    It is an employee’s responsibility to make certain employee data maintained in the personnel file such as addresses, certificates and licenses are accurate, complete and as up-to-date as possible. (Ord. No. 723, (part): Ord. No. 735, (part).)

45-8.19 To negotiate about wages, hours and working conditions as part of a recognized exclusive employee organization.

See section 45-9. (Ord. No. 723, (part): Ord. No. 735, (part).)

45-9 Employee-employer rights.

Sections 45-9.1 through 45-9.11 designate employee-employer rights. (Ord. No. 723, (part): Ord. No. 735, (part).)

45-9.1 Management rights.

45.9.1.1    The county retains, solely and exclusively, all rights, powers and authority needed to manage and direct its business and personnel.

45.9.1.2    The county retains, solely and exclusively, all rights, powers and authority needed to determine the mission of each of its constituent departments, boards and commissions, set standards of services to be offered to the public, and exercise control and discretion over its organization and operations except as otherwise mandated by law.

45.9.1.3    The county retains, solely and exclusively, all rights, powers and authority needed to direct its employees, take disciplinary action for proper cause, relieve its employees from duty because of lack of work or for other legitimate reasons, determine the methods, means and personnel by which the county’s operations are to be conducted, classify employees and designate employee units for purposes of collective bargaining.

45.9.1.4    The exercise of such rights shall not preclude employees or their representatives from meeting and conferring with management representatives as required by law. (Ord. No. 723, (part): Ord. No. 735, (part).)

45-9.2 Employee rights.

45.9.2.1    Each individual employee shall have the following rights:

45.9.2.1.1    The right to form, join, and participate in the activities of employee organizations of his/her own choosing for the purpose of representation on matters of his/her employee relations with the county, or to refuse to join or participate in the activities of any employee organization;

45.9.2.1.2    The right to be free from interference, intimidation, restraint, coercion, discrimination or reprisal, on the part of his/her appointing authority, his/her supervisor, other employees, or employee organizations, because of his/her membership or nonmembership in any employee organization, or with respect to any lawful activity associated therewith which is within the scope of representation;

45.9.2.1.3    The right to represent himself individually in his/her employee relations with the county. A supervisor will give a county employee on request reasonable time off during his/her regular hours of work for this purpose.

45.9.2.1.4    The right to form together with other employees in an appropriate unit to negotiate for their common welfare on wages, hours and working conditions. (Ord. No. 723, (part): Ord. No. 735, (part).)

45-9.3 Bargaining representative recognition petition.

45.9.3.1    An employee organization seeking to be formally recognized as the bargaining representative for an appropriate unit shall file a recognition petition (petition) with the personnel director containing the following information and documentation:

45.9.3.1.1    The name, address and telephone number of the organization.

45.9.3.1.2    The names of its officers and their mailing addresses.

45.9.3.1.3    The designation of one person and his/her address to which notice can be personally delivered and deemed sufficient notice on the organization for any purpose.

45.9.3.1.4    The designation of those persons who are authorized to act as representatives of the organization in any communications with the personnel director or board.

45.9.3.1.5    A statement that the organization has no restriction on membership based on race, religion, creed, color, national origin, ancestry, physical handicap, medical condition, mental condition, marital status, sex, age, political affiliation, or any other status protected by law.

45.9.3.1.6    A statement whether the employee organization is independent or affiliated directly or indirectly in any manner with a local, regional, state, national or international organization, and, if so, the name and address of each such other organization.

45.9.3.1.7    A statement describing the proposed appropriate unit in detail including class title(s) and the approximate number of employees proposed to be included.

45.9.3.1.8    Proof of employee support by thirty percent or more of the employees within the proposed unit who are currently employed with the county except that an intervening employee organization need provide proof of no more support than ten percent of the employees in the proposed unit. (See section 45.9.4.1.4.) Proof of employee support shall be evidenced by one of the following:

45.9.3.1.8.1    Documented evidence of current dues-paying employee organization membership or payroll dues deductions using the payroll immediately prior to the date the proof is submitted.

45.9.3.1.8.2    Employee organization authorization cards, signed and dated by the employees within six months prior to the date the proof is submitted.

45.9.3.1.8.3    A signed acknowledgment delegating to a named employee organization the authority to represent the signers for the purpose of meeting and conferring in good faith with representatives of the county, signed and dated by employees within six months of the filing thereof.

45.9.3.1.8.4    Only authorization cards or signatures of employees currently employed at the time the proof is submitted shall be counted.

45.9.3.1.9    Current copies of the organization’s constitution and bylaws.

45.9.3.2    A currently recognized employee organization shall, if such data is needed by the personnel director, furnish whichever of the above items is not already on file with the county.

45.9.3.3    Following receipt of a petition the personnel director will within fourteen days verify that the employee organization has complied with the requirements of this section. (Ord. No. 723, (part): Ord. No. 735, (part).)

45-9.4 Appropriate unit determination.

45.9.4.1    After verification of the petition’s content, the personnel director will:

45.9.4.1.1    Notify the board and recognized exclusive employee organizations;

45.9.4.1.2    Post public notice of the petition at appropriate locations in county buildings; and

45.9.4.1.3    Review the proposed unit to determine if it is an appropriate unit, considering the following criteria, among others, in making the determination:

45.9.4.1.3.1    The primary consideration shall be the broadest feasible unit with a clear and identifiable community of interest to provide employees the fullest freedom in the exercise of rights under this chapter; and

45.9.4.1.3.2    The effect of the proposed unit on the efficient operation of county services, effective communication between the board of supervisors and its management employees, and sound employer-employee relations, including compatibility with the organizational structure of the county;

45.9.4.1.3.3    The history of employer-employee relations in the proposed unit and among other employees of the county, except that no unit shall be established solely on the basis of the extent to which employees in the proposed unit have organized;

45.9.4.1.3.4    The extent to which employees have common skills, working conditions, job duties, or similar education requirements;

45.9.4.1.3.5    The ability to bargain effectively for all members without class domination;

45.9.4.1.3.6    No single class of employee shall be divided between units;

45.9.4.1.3.7    Professional employees shall not be denied the right to be represented separately from nonprofessional employees by a professional employee organization;

45.9.4.1.3.8    Confidential employees, privy to employee-employer matters, may be included in a unit separate from nonconfidential employees;

45.9.4.1.3.9    Management/supervisory employees may be included in a unit separate from nonmanagement/nonsupervisory employees;

45.9.4.1.3.10    Peace officers, as designated in Penal Code Section 830.1, shall not be denied the right to be represented separately from other county employees in recognition of their unique functions within county service.

45.9.4.1.4    The personnel director shall provide notice of his/her unit determination regarding the appropriateness of the proposed unit to the petitioning employee organization and any other employee organization that intervened by providing him/her within twenty-one days of the posting of the notice of the petition (subsection 45.9.4.1.2 of this section) proof it represents ten percent of the employees in the proposed unit and/or thirty percent of the employees in a currently recognized employee organization which represents all or part of the employees in the proposed unit.

45.9.4.1.4.1    The personnel director shall meet and confer on request with any/all employee organizations to which notice of the unit determination was directed.

45.9.4.1.4.2    If after reasonable time and effort, no less than four meetings, agreement is not reached on the appropriateness of the proposed unit, determination of the unit shall be submitted to the board for consideration, based on written presentations and recommendations of the parties. In such cases, the representation unit shall be determined by the board with or without the recommendation of a third party, or the board may refer the matter to a mutually acceptable third party for determination.

45.9.4.1.4.3    If the representation unit is determined appropriate, the county shall ascertain the will of the employees in the proposed unit as set out in section 45-9.5, Recognition of an exclusive representative. (Ord. No. 723, (part): Ord. No. 735, (part).)

45-9.5 Recognition of an exclusive representative.

45.9.5.1    Informal Recognition.

45.9.5.1.1     Membership/Authorization Cards/Acknowledgement.

45.9.5.1.1.1    A neutral third party (third party) selected pursuant to Government Code Section 3507.1 will review the evidence of employee support: documents supporting payroll dues deduction, authorization cards or signed acknowledgment, to verify the majority status of an employee organization.

45.9.5.1.1.2    If an organization has proof of support by more than fifty percent of the employees in the proposed unit and there is no second organization representing thirty percent of the employees, the board shall formally recognize that organization as the recognized exclusive employee organization for the unit within twenty-one days of the verification.

45.9.5.2     Election.

45.9.5.2.1    If an employee organization has been previously recognized as the exclusive representative of all or a part of the unit and the neutral third party determines a second employee organization demonstrated it has support of at least thirty percent of the employees in the unit, the third party shall arrange for a secret ballot election.

45.9.5.2.2    In an election, the names of the petitioning organization and the name(s) of any competing employee organization(s) which submits proof of employee approval of at least ten percent of the employees in the representation unit shall appear on the ballot, together with the choice of “no organization.”

45.9.5.2.3    Employees entitled to vote will be those in the proposed representation unit who are employed in allocated positions and were employed in those positions on the first of the month preceding the date of the secret ballot election.

45.9.5.2.4    The recognized exclusive employee organization, if any, will be selected by a majority of the valid ballots cast.

45.9.5.2.5    If none of the choices on the ballot receives a majority of the votes, a runoff election shall be conducted between the two choices receiving the largest number of votes, one of which may be “no organization.” In the event of a runoff election, if an employee organization receives a majority of the votes cast, it will be recognized as the exclusive employee organization for the unit.

45.9.5.2.6    The personnel director shall report the results of any secret ballot election to the board, and, if an employee organization has been selected as the exclusive representative, the board shall acknowledge its formal recognition as the recognized exclusive employee organization for the unit within fourteen days.

45.9.5.2.7    Any costs incurred in conducting an election shall be borne one-half by the county and one-half divided equally among the employee organizations appearing on the ballot. (Ord. No. 723, (part): Ord. No. 735, (part).)

45-9.6 Decertification.

45.9.6.1    A decertification petition alleging that the recognized employee organization no longer represents a majority of the employees in an established appropriate unit may be filed with the personnel director during the thirty-day period commencing one hundred eighty days prior to the termination date of a memorandum of understanding then in effect, or at any time during which no memorandum of understanding is in effect between the county and the recognized exclusive employee organization representing the bargaining unit.

45.9.6.2    The personnel director shall arrange a secret ballot election to determine whether the recognized exclusive employee organization continues to represent a majority of the employees in the unit, if following review of a decertification petition s/he determines:

45.9.6.2.1    The decertification petition is signed by thirty percent of the employees in a representation unit; and/or

45.9.6.2.2    Another employee organization offered proof it represents thirty percent of the employees in a recognition petition.

45.9.6.3    A recognition petition may accompany a petition for decertification, and the two questions may be decided in the same election, which shall be conducted as provided herein for certification of an exclusive employee organization in section 45.9.5.2.

45.9.6.4    Decertification elections shall not be conducted more frequently than once every two years.

45.9.6.5    The personnel director shall within fifteen days of receipt of the decertification petition post a notice of the decertification petition, which shall remain posted for a minimum of fifteen days, which notice shall identify the date of the decertification election.

45.9.6.6    The recognized exclusive employee organization will be decertified by a majority vote of the votes cast. (Ord. No. 723, (part): Ord. No. 735, (part).)

45-9.7 Modification of representation units.

45.9.7.1    If a unit has been established, that unit shall not be modified for at least twelve months from the date of initial determination.

45.9.7.2    Proposed modification of a unit may be initiated by the personnel director, a recognized employee organization’s petition for modification presented to the personnel director or an employee organization’s recognition petition.

45.9.7.3    In any event the proposed unit shall be evaluated and determined pursuant to section 45.9.4. (Ord. No. 723, (part): Ord. No. 735, (part).)

45-9.8 Employee organization rights.

45.9.8.1    Recognized exclusive employee organizations shall have the right to meet and confer on matters within the scope of representation and other rights granted recognized exclusive employee organizations in Sections 3500 through 3511 of the Government Code.

45.9.8.2    A recognized exclusive employee organization, upon request, shall have the opportunity to be present at any consultation between the county and an individual employee member, if the matter under consultation comes within the scope of representation and affects other members of the unit.

45.9.8.3    A recognized exclusive employee organization, subject to such controls as may be imposed by the county or negotiated, may:

45.9.8.3.1    Utilize county conference rooms and similar building facilities for meeting with employees in the unit(s) it represents, provided such meetings are held outside regularly scheduled working hours for the group which is meeting, and provided space can be made available without interfering with county needs. A recognized exclusive employee organization desiring to use county facilities for such meetings shall obtain the permission of the appropriate county official before using such facilities.

45.9.8.3.2    Post material on bulletin boards located to serve employees in a unit it represents. The location and quantity of space may be the subject of an agreement between the recognized exclusive employee organization and the department head. No material, other than notices of meetings, social events, elections and appointments, shall be posted on a bulletin board unless and until approved for posting by the personnel director. All material shall be dated and signed by the recognized exclusive employee organization’s representative responsible for its issuance.

45.9.8.3.2.1    The county email system may be used to notify employees of scheduled meetings, elections and appointments. The county email system will not be used for any other purpose without first obtaining approval from the personnel director. All information distributed through the county email system will identify the sender by name and position within the employee organization.

45.9.8.3.3    Visit work locations to confer with its members regarding grievances or other business within the scope of representation. Access to work locations shall require approval of the appointing authority or other persons in charge of the location to ensure that there is no interference with normal operations or safety or security requirements and shall not be unreasonably withheld.

45.9.8.4    Except in cases of emergency, each recognized exclusive employee organization affected by an ordinance, rule, regulation, or proposal directly relating to matters within the scope of representation proposed to be adopted by the county shall be given reasonable advance written notice and the opportunity to meet and confer prior to its adoption.

45.9.8.4.1    Written notices will customarily be provided by furnishing recognized exclusive employee organizations with advance copies of the agenda of the board.

45.9.8.4.2    In cases of emergency when county management determines that an ordinance, rule, resolution or regulation must be adopted immediately without prior notice or meeting with a recognized exclusive employee organization, county management shall provide such notice and opportunity to meet at the earliest practicable time following the adoption of such ordinance, rule, resolution or regulation.

45.9.8.5    The county shall grant reasonable time off without loss of compensation or other benefits to a reasonable number of county employee representatives of a recognized exclusive employee organization when formally meeting and conferring with county representatives on matters within the scope of representation. Release time, which may include a reasonable amount of preparation time, will be requested through and will be coordinated by the personnel director. Release time must be approved by both the appointing authority and the personnel director. Approval of release time will not be unreasonably withheld. If the release time of one or more employees who were scheduled to participate in a meet and confer session is denied, upon the employee organization’s request, the meeting will be rescheduled.

45.9.8.5.1    A county employee, when serving as an employee’s representative on an employee-employer relations matter, may be granted release time while attending meetings with county representatives on behalf of the represented employee. Except in circumstances where a meeting requiring a representative’s presence must be scheduled with less than twenty-four hours’ notice, release time for this purpose will be coordinated by the personnel director. Approval of release time will not be unreasonably withheld.

45.9.8.5.2    Questions regarding application of this section should be directed to the personnel director for clarification.

45.9.8.6    Upon request, a department head shall provide or make available to recognized exclusive employee organizations representing employees in his/her department those nonconfidential departmental publications relating to conditions of employment. (Ord. No. 723, (part): Ord. No. 735, (part); Ord. No. 761, §§ 64 – 66.)

45-9.9 Mediation and fact-finding.

45.9.9.1    If, after a reasonable period of time, representatives of the county and a recognized exclusive employee organization fail to reach agreement on matters within the scope of representation and an impasse has been declared pursuant to subsection 45.9.9.1.1 of this section, the parties may mutually agree to the appointment of a mediator pursuant to California Government Code Section 3505.2.

45.9.9.1.1    The party intending to declare impasse will so notify the other party in writing. Within seven days of receipt of the notice of intent to declare impasse, or on some other mutually acceptable date, the parties will meet in an attempt to reach a negotiated agreement regarding unresolved issues that are within the scope of representation. If, at the conclusion of this meeting, agreement is not reached, the parties will be at impasse as that term is defined in section 45.12.1.31.

45.9.9.2    If the impasse is submitted to mediation pursuant to subsection 45.9.9.1 of this section, the parties may select the mediator by mutual agreement. If unable to mutually agree, a list of five mediators shall be obtained from the appropriate California state agency providing such services or some other mutually agreeable source, and each party shall alternately strike one name from the list until only one name remains. The first party to strike will be determined by lot. In the event that costs are incurred for mediation they shall be divided by one-half to the county and one-half to the recognized exclusive employee organization(s).

45.9.9.3    If mediation is not mutually agreed upon pursuant to subsection 45.9.9.1 of this section, or mediation does not result in settlement of the impasse, the following fact-finding procedures may be invoked by either the employee organization or the county.

45.9.9.4    By mutual agreement of the parties, the fact-finder may be either an individual or a three-member panel consisting of one member appointed by the employee organization, one member appointed by the county and the third member who shall serve as the chairperson and will be appointed pursuant to subsection 45.9.9.4.1 of this section. Absent mutual agreement, the fact-finder shall be a three-member panel.

45.9.9.4.1    Either an individual fact-finder or the chairperson of a three-member fact-finding panel shall be selected by mutual agreement of the parties. If the parties cannot agree upon a fact-finder, a list of five fact-finders shall be obtained from the California state agency providing such services or some other mutually agreeable source, and each party shall alternately strike one name from the list, with the first party to strike determined by lot, until only one name remains.

45.9.9.4.2    Either the individual fact-finder or the fact-finding panel shall, within ten days after its appointment or on some other mutually acceptable date, meet jointly with the parties and/or their representatives. The parties shall, at the first joint meeting, present written statements of the issues in dispute and their last, best and final offer regarding each issue. Thereafter, the fact-finder or the fact-finding panel may meet with the parties either jointly or separately or both jointly and separately, and may make inquiries and investigations, hold hearings, and take any other steps the fact-finder/panel deems appropriate. This inquiry shall be limited only to those issues identified by the parties to be in dispute. For the purpose of the hearings, investigations, and inquiries, the fact-finder/panel shall have the power to issue subpoenas requiring the attendance and testimony of witnesses and the production of evidence.

45.9.9.4.3    In conducting meetings/hearings pursuant to subsection 45.9.9.4.2 of this section, the fact-finder/panel shall consider, weigh and be guided exclusively by the criteria mutually agreed upon and stipulated by the parties prior to the beginning of such meetings/hearings. Absent mutual agreement and stipulations by the parties, the fact-finder/panel will consider, weigh and be guided by the criteria specified in California Government Code Section 3505.4(d).

45.9.9.5    If the dispute is not settled within thirty days after the appointment of the fact-finder/panel, or upon agreement by both parties to a longer period, the fact-finder/panel shall issue written findings of fact and non-binding, advisory recommendations which shall be limited to the issues identified by the parties to be in dispute, pursuant to subsection 45.9.9.4.2 of this section. The fact-finder/panel will not release the report to the public nor will the fact-finder/panel make any public statements regarding these findings and recommendations.

45.9.9.5.1    Upon receipt of the fact-finder/panel’s report, the parties shall resume meeting and conferring. If the parties have not reached an agreement within ten days after receiving the fact-finder/panel’s report, the county shall make the fact-finder/panel’s report available to the public and the matter will be submitted to the board of supervisors for final determination.

45.9.9.5.2    Within ten days of the fact-finder/panel’s report being made public, each party shall submit a written statement of its position on the unresolved issues to the board of supervisors. The statement may include references to the fact-finder/panel’s report and shall present each party’s last, best and final offer.

45.9.9.5.3    Within twenty days after receipt of the statements required by subsection 45.9.9.5.2 of this section, the board of supervisors shall conduct a public hearing regarding the impasse.

45.9.9.5.4    Following the close of the public hearing, the board of supervisors may: (1) approve and implement the fact-finder/panel’s recommendations; (2) approve and implement the last, best and final offer submitted by the employee organization; (3) approve and implement the last, best and final offer submitted by the county subject to the terms of California Government Code Section 3505.7; or (4) take no action.

45.9.9.6    If fact-finding is selected by either the employee organization or by mutual agreement of the parties, the costs for the services of the fact-finder or the chairperson of the fact-finding panel, including per diem fees, if any, and actual and necessary travel and subsistence expenses, shall be equally divided between the parties. If fact-finding is selected exclusively by the county, the costs for the services of the fact-finder or the chairperson of the fact-finding panel, including per diem fees, if any, and actual and necessary travel and subsistence expenses, shall be paid by the county. Under either set of circumstances, the costs for the services of other panel members, if any, shall be the responsibility of the appointing party.

45.9.9.6.1    Any other mutually incurred costs shall be borne equally by the parties. Any other separately incurred costs shall be borne by the party incurring the cost. (Ord. No. 723, (part): Ord. No. 735, (part); Ord. No. 761, § 67.)

45-9.10 Unfair labor practices.

45.9.10.1    It shall be an unfair labor practice for the county:

45.9.10.1.1    To interfere with, restrain or coerce employees because of the exercise of their rights recognized or granted in this chapter;

45.9.10.1.2    To dominate or interfere with the formation of any employee organization or contribute financial support to it, provided the rights recognized or granted to employee organizations in this chapter shall not be construed as financial support;

45.9.10.1.3    To refuse to meet and confer in good faith with representatives of recognized exclusive employee organizations on matters within the scope of representation; or

45.9.10.1.4    To lock out employees of the county.

45.9.10.2    It shall be an unfair labor practice for employee organizations or their representatives or members:

45.9.10.2.1    To interfere with, restrain or coerce employees because of the exercise of the rights recognized or granted in this chapter;

45.9.10.2.2    To refuse to meet and confer in good faith with county officials on matters within the scope of representation; and

45.9.10.2.3    To engage in strikes, work stoppages, slow-downs, or “sick-outs.”

45.9.10.3    With respect to the impasse procedures set forth in section 45-9.9, it shall be an unfair labor practice for either the county or a recognized employee organization to fail or refuse to cooperate with the personnel director or with any mediators or fact-finders selected or designated pursuant to the provisions of section 45-9.9.

45.9.10.4    Charges of violations of this section may be initiated by a management representative, by a representative of any employee organization or by an individual employee or group of employees. Such charges shall be filed in writing with the personnel director.

45.9.10.5    The personnel director shall conduct an investigation to determine whether a party has engaged in an unfair labor practice and shall advise the parties of his/her decision and if appropriate shall recommend corrective action.

45.9.10.6    Employees and recognized exclusive employee organizations may utilize this procedure or any other procedure allowed by law for processing unfair labor practice charges. (Ord. No. 723, (part): Ord. No. 735, (part).)

45-9.11 Grievance procedure.

45.9.11.1    A grievance is any dispute which arises over the interpretation, application, or alleged violation of any statute, ordinance, resolution, memorandum of understanding (MOU) or departmental rules and regulations presently in force or as may from time to time be adopted by the county in matters within the scope of representation.

45.9.11.1.1    An employee who has been issued a written warning pursuant to section 45.8.9.7 may appeal the written warning through Step 3 of these grievance procedures. Appeals filed pursuant to this section will be filed initially at Step 2 of the grievance procedures. The Step 3 decision will be final.

45.9.11.1.2    Discipline, as defined in section 45.6.1.1, shall not be subject to these grievance procedures.

45.9.11.2    A grievant is defined as a current county employee or group of current county employees who are covered by the provisions of this chapter or, in the case of matters alleging a violation of an MOU, a grievant may be the employee organization recognized to represent those employees covered by that MOU. Grievances filed by an employee organization will be initially filed at either Step 2 or Step 3 of the grievance procedures.

45.9.11.2.1    If a grievant terminates employment, as that term is defined in section 45.12.1.65, his/her grievance will be considered to have been withdrawn effective the date of his/her termination. If the grievant who terminates is part of a group grievance, his/her name will be removed from the list of grievants. Such removal will have no impact on the remaining grievants.

45.9.11.3    The purpose of these procedures is to resolve grievances expeditiously and at the lowest possible administrative level. No grievance filed pursuant to this section may be resolved inconsistent with the terms of the statute, ordinance, resolution, MOU or departmental rules and regulations being grieved.

45.9.11.4    The time limits specified at each step of the procedures set forth below shall be strictly observed and may only be extended in writing to a date certain with the mutual consent of the parties.

45.9.11.4.1    Failure of a grievant to observe a time limit shall terminate the grievance.

45.9.11.4.2    Failure of the party to whom the grievance is submitted to observe a time limit shall give the grievant the right to advance the grievance to the next step or level of review.

45.9.11.5    These grievance procedures shall be the exclusive administrative procedures provided for the resolution of grievances for all employees, except that an employee need not file a grievance or exhaust this process if alleging a violation of a statute.

45.9.11.6    Consistent with the county’s goal to resolve grievances in an orderly manner as quickly as possible, the following procedures shall apply:

45.9.11.6.1    Step 1 – Informal Submission. Except as specified otherwise in these procedures, an employee who believes s/he has a grievance will, within seven days of the grievable event or within seven days of the discovery of a grievable event, whichever is later, present the grievance orally to his or her immediate supervisor in an attempt to resolve the grievance. The supervisor will respond personally to the grievance, either orally or in writing, within seven days. If the grievant is absent from work during this period, the supervisor will respond immediately upon the grievant’s return to work. Grievances resolved at Step 1 shall not be precedent setting.

45.9.11.6.1.1    If the grievant’s immediate supervisor is either the subject of the grievance or is the appointing authority, the grievance may be filed initially at Step 2. If the grievant’s immediate supervisor is the personnel director, the grievance may be filed initially at Step 2 with county counsel substituting as the appointing authority.

45.9.11.6.2    Step 2 – Formal Submission. If not resolved at Step 1, the grievance may be advanced to Step 2 within seven days following receipt of the immediate supervisor’s response by submitting a written grievance to the appointing authority. A written statement of grievance shall, at a minimum, include a description of the acts or omissions giving rise to the grievance; the statute, ordinance, resolution, MOU provision or the provision of departmental rules and regulations alleged to have been violated; a brief summary of the immediate supervisor’s response if provided orally or a copy of the supervisor’s response if provided in writing; and the remedy sought. If the grievant wishes to meet pursuant to subsection 45.9.11.6.2.2 of this section, he/she should notify the appointing authority at the time the grievance is filed at Step 2.

45.9.11.6.2.1    If a grievance filed at Step 2 is found to lack the information required by subsection 45.9.11.6.2 of this section, the appointing authority may return the grievance to the grievant specifying the deficiency or deficiencies. The grievant will have three days following receipt of this notice to correct the deficiency and resubmit the grievance at Step 2.

45.9.11.6.2.2    The appointing authority will evaluate the grievance and, within fourteen days, respond to the grievant in writing by personal delivery. If the employee is not available at work, the appointing authority will forward his/her response by first-class mail to the grievant’s last known address. During the fourteen-day evaluation period, the appointing authority and the grievant may meet to discuss the grievance. If the grievant requests such a meeting, it will be held.

45.9.11.6.2.3    If the grievant accepts the findings and recommendations of the appointing authority, following review by the personnel director and county counsel for the sole purpose of ensuring compliance with subsection 45.9.11.3 of this section, the county will be bound to honor those findings and recommendations subject to ratification by the board of any unfunded expenditures.

45.9.11.6.2.4    If the grievance is resolved at Step 2, a copy of all grievance materials will be forwarded to the personnel director for filing.

45.9.11.6.3    Step 3 – Personnel Director. If not resolved at Step 2, the grievance may be advanced to Step 3 within seven days following receipt of the appointing authority’s response by filing a written statement of grievance with the personnel director. This written statement of grievance shall, at a minimum, include: a copy of the grievance materials filed pursuant to subsection 45.9.11.6.2 of this section, a copy of the appointing authority’s response, and the reasons the grievance remains unresolved. The statement of grievance may include supplemental information and may request a modified remedy. If the grievant wishes to meet pursuant to subsection 45.9.11.6.3.1 of this section, he/she should notify the personnel director at the time the grievance is advanced to Step 3.

45.9.11.6.3.1    The personnel director will evaluate the grievance and, within fourteen days, respond to the grievant in writing by personal delivery. If the grievant is not available at work, the appointing authority will forward his/her response by first-class mail to the grievant’s last known address. During the fourteen-day evaluation period, the personnel director and the grievant may meet to discuss the grievance. If the grievant requests such a meeting, it will be held.

45.9.11.6.3.2    If the grievant accepts the findings and recommendations of the personnel director, following review by county counsel for the sole purpose of ensuring compliance with subsection 49.9.11.3 of this section, the county will be bound to honor those findings and recommendations subject to ratification by the board of any unfunded expenditures.

45.9.11.6.3.3    If the grievance is the appeal of a written warning, the personnel director’s decision shall be final.

45.9.11.6.3.4    If the grievance is resolved at Step 3, a copy of all grievance materials will be maintained and filed by the personnel director.

45.9.11.6.4    Step 4 – Board of Supervisors. If not resolved at Step 3, a recognized employee organization may advance the grievance to Step 4 within fourteen days of receipt of the personnel director’s response by filing a written request for a hearing by the board of supervisors. The Step 4 hearing request will be filed with the personnel director.

45.9.11.6.4.1    Unrepresented employees and represented employees who are not represented in their grievance by a recognized employee organization may advance the grievance to Step 4 pursuant to subsection 45.9.11.6.4 of this section only after signing an acknowledgement of financial responsibility that has been prepared by the personnel director for this purpose.

45.9.11.6.4.1.1    The provisions of subsection 45.9.11.6.4.1 of this section notwithstanding, a grievance alleging a violation of a negotiated MOU may only be advanced to Step 4 by the recognized employee organization responsible for the representation of employees covered by the MOU in question.

45.9.11.6.4.2    Within five days of receiving the request to advance the grievance to Step 4, the personnel director, after ensuring compliance with subsection 45.9.11.6.4.1 of this section if applicable, will request a list of five hearing officers from the state agency providing such services.

45.9.11.6.4.2.1    Immediately upon receipt of the list of potential hearing officers, the personnel director will coordinate the scheduling of a meeting of the parties, which may be held telephonically. The purpose of the meeting will be to select a hearing officer.

45.9.11.6.4.2.2    First the parties will attempt to mutually agree to a hearing officer, whose name need not appear on the list provided.

45.9.11.6.4.2.3    If unable to mutually agree, the parties will select the hearing officer by alternately striking names from the list until only one name remains, with the first to strike to be determined by lot.

45.9.11.6.4.3    Upon selection, the hearing officer will coordinate the scheduling of the grievance hearing which will be conducted consistent with the provisions of Government Code Section 11513. Normally, the hearing officer will schedule the hearing to begin within thirty days of his/her selection. If the hearing officer is not available to begin the hearing within forty-five days of his/her selection, either party to the appeal may reinitiate the selection process described in subsection 45.9.11.6.4.2 of this section.

45.9.11.6.4.3.1    The burden of proof shall be assigned to the grievant. The standard of proof shall be a preponderance of the evidence.

45.9.11.6.4.3.2    Grievance hearings will be closed to the public.

45.9.11.6.4.3.3    The hearing may be recorded or may be transcribed by a certified court reporter. If transcribed by a certified court reporter, the costs associated with the court reporter’s attendance will be borne equally by the parties. The costs of transcripts will be borne by the party requesting the transcript.

45.9.11.6.4.4    At the conclusion of the hearing, the hearing officer will take the matter under submission. Within thirty days following the close of the hearing, the hearing officer will submit a written report to the board of supervisors which shall be advisory only. The hearing officer’s report shall include findings of fact and recommendations.

45.9.11.6.4.5    The hearing officer will cause his written report and the record of the hearing to be delivered to the clerk of the board with copies delivered to the parties to the grievance, county counsel and the personnel director.

45.9.11.6.4.6    Upon receipt of the hearing officer’s report and the record of the hearing, the matter will be placed on the board’s agenda as a closed session item for discussion at its first regular meeting following receipt of the materials. The board will take the matter under advisement.

45.9.11.6.4.7    Within forty-five days of the closed session, the board will issue its decision, which shall be in writing and will be delivered to the parties to the grievance, county counsel and the personnel director.

45.9.11.6.4.7.1    The board’s decision may be based on the hearing officer’s findings and recommendations, or may be based on the board’s independent review of the record, including the transcript of the proceeding, or may be based on a combination of both.

45.9.11.6.4.7.2    The board’s decision will be the final level of administrative review.

45.9.11.6.4.7.3    Copies of the board’s written decision will be provided to the parties, county counsel and the appropriate employee organization. The complete record of the grievance will be forwarded to the personnel director for filing.

45.9.11.6.4.8    At the conclusion of Step 4, the matter will be referred back to the personnel director, who shall coordinate implementation of the board’s decision.

45.9.11.6.4.9    The services of the hearing officer shall be shared equally by the parties. Except as may otherwise be specified, all costs of representation and participation in the proceedings shall be borne by the party incurring the cost.

45.9.11.7    Employees may use the grievance procedure without fear of reprisal.

45.9.11.8    The grievant may be represented or assisted at any level of the procedure by a representative of his/her own choosing.

45.9.11.9    A county employee who is a grievant, a witness in a grievance proceeding or the designated representative of a grievant shall suffer no loss of compensation or benefits while participating in this procedure, to include no more than thirty minutes preparation time per stage of the grievance.

45.9.11.10    To the extent practical, grievance proceedings will be held during normal working hours. If held at a time other than the grievant’s normal working hours, the grievant shall be entitled to an equivalent number of hours off on an hour-for-hour basis.

45.9.11.11    The personnel director will maintain a permanent grievance file, which shall include the complete records of all grievances filed at Step 2 or above. (Ord. No. 723, (part): Ord. No. 735, (part); Ord. No. 761, § 68.)

45-10 Notice.

45.10.1    Whenever it is prescribed by this chapter that notice shall be given to employees, such notice shall be provided by posting a copy thereof at the offices of the county clerk and the personnel director and on bulletin boards located within the departments in which the employees to be notified are employed. Such notice shall be given also to recognized employee organizations representing the employees concerned by personal delivery of a copy of the notice to the person designated by the employee organization and any designated representative of a unit, with a reasonable description of the subject matter, at least four days prior to the date the matter will be heard. The personnel director may prescribe such additional notification as s/he deems necessary. (Ord. No. 723, (part): Ord. No. 735, (part).)

45-11 Interpretation and administration.

45.11.1    The adoption of this chapter shall not be construed as making the provisions of Section 923 of the Labor Code applicable to employees of the county.

45.11.2    Nothing in this chapter shall preclude the county and each recognized exclusive employee representative from modifying the provisions of this chapter through the meet and confer process.

45.11.3    Rules, Procedures and Amendments.

45.11.3.1    The board may from time to time amend this chapter subject to its obligations to meet and confer as set forth herein.

45.11.3.2    The board or its designated representative may similarly establish rules or procedures, not inconsistent with the foregoing provisions, for the orderly conduct of employee relations.

45.11.3.2.1    The personnel director may establish policies consistent with this chapter subject to board review and approval.

45.11.3.2.2    The personnel director may establish procedures for implementing the terms of this chapter. (Ord. No. 723, (part): Ord. No. 735, (part).)

45-12 Definitions.

45.12.1    For the purposes of this chapter, the following definitions shall apply:

45.12.1.1    “Allocation” means the personnel director’s classification of job positions according to duties, responsibilities and qualifications into job “classes.”

45.12.1.2    “Anniversary date” means the date an employee commences county service in a paid capacity.

45.12.1.3    “Applicant” means an individual who has completed and filed a written application for employment in county service.

45.12.1.4    “Appointing authority” means a person or group having lawful authority to appoint or remove persons from positions in the county service. In all cases the board is an appointing authority for the county. The department head is the appointing authority for his/her department or office, subject to the approval of the board.

45.12.1.5    “Bargaining unit” means a group of employee classifications that share a community of interest for labor relations matters and may be represented by an employee organization in negotiations and other labor relations matters.

45.12.1.6    “Board” means the board of supervisors of the county of Colusa, which is the county’s governing body. A reference to the “county” shall include the board and vice versa.

45.12.1.7    “Candidate” means a job applicant to whom a conditional offer of employment has been made.

45.12.1.8    “Classification plan” means ordering of the different job positions in the county service according to duties, responsibilities and required qualifications.

45.12.1.9    “Class” or “class of position” means a specifically recognized and defined kind of employment in the county service designated to embrace all positions having duties and responsibilities sufficiently similar that the same title may be used, the same qualifications may be required, and the same schedule of compensation may be made to apply with equity.

45.12.1.10    “Compensation” means the salary, wage, allowance, and all other forms of valuable consideration earned or paid to any employee by reason of service in any position.

45.12.1.11    “Compensation plan” means the ordering of pay rates of county employees.

45.12.1.12    “Confidential employee” means an employee designated by the personnel director as holding a position that participates in or has advance knowledge of or access to decisions of the county affecting employee relations.

45.12.1.13    “Consult” or “consultation” means verbal or written communication for the purpose of presenting and obtaining views or advising of intended actions.

45.12.1.14    “Continuous employment” means a period during which an employee serves the county uninterrupted by termination. A temporary layoff does not constitute termination of employment, if the employee returns to work within ten days after receipt of notice to return to county service.

45.12.1.15    “County” means the county of Colusa, a political subdivision of the state of California governed by the Colusa County board of supervisors. A reference to the “board” shall include the county and vice versa.

45.12.1.16    “Day” means a calendar day of twenty-four hours.

45.12.1.17    “Department head” or “head of a department” means the chief administrative official of a county department, either elected or appointed, as provided by law.

45.12.1.18    “Demotion” means any action which reduces an employee’s classification or rate of pay within the salary range on a voluntary or involuntary basis.

45.12.1.19    “Discrimination” means being treated differently than others who are similarly situated because of one’s membership in, the perception of membership in, or association with a member of a protected class: age, race, sex, color, national origin, national ancestry, physical or mental disability, medical condition, religion, creed, marital status, physical appearance, sexual orientation, gender identification or any other protected class or characteristic established by any federal, state or local statutes, rules or regulations. Discrimination includes harassment.

45.12.1.20    “Dismissal” means disciplinary action which terminates an employee from county service.

45.12.1.21    “Dues deduction” means deduction of employee organization membership dues from paychecks of employees with regular or probationary status.

45.12.1.22    “Employee” means any person employed by Colusa County, excepting those persons elected by popular vote or appointed to office by the governor of the state of California.

45.12.1.23    “Employee organization” means any organization that seeks to represent employees of a public agency in their relations with that public agency.

45.12.1.24    “Employee relations” means the relationship between the county and its employees and their recognized exclusive employee organization, or when used in a general sense, the relationship between management and employees or employee organizations.

45.12.1.25    “Employee representation unit” means a group of employees constituting an appropriate unit, as provided in this chapter.

45.12.1.26    “Fact-finding” means identification of the major issues in a particular dispute; reviewing the positions of the parties, investigating and reporting of the facts by one or more impartial fact-finders; and, when directed by the board, making recommendations for resolution.

45.12.1.27    “Gender,” unless the context clearly indicates another meaning, shall include the masculine and the feminine no matter which is used and the singular shall include the plural.

45.12.1.28    “Hearing” means a comprehensive formal review of the facts and circumstances by the board or a designated hearing officer.

45.12.1.29    “Hourly rate” means an individual’s compensation for a full hour’s service, as set forth in the classification system basic salary schedule.

45.12.1.30    “Immediate family” means spouse, registered domestic partner, parents and grandparents, children and grandchildren, brothers and sisters, mother-in-law and father-in-law, brothers-in-law and sisters-in-law, daughters-in-law and sons-in-law. Adopted, foster and step members are also included in immediate family. The definition of immediate family shall apply to all benefits accorded an employee for immediate family members.

45.12.1.31    “Impasse” means a deadlock, after a reasonable period of time, in the meet-and-confer process on mandatory subjects of bargaining and the scope of bargaining between the county’s management representatives and representatives of a recognized exclusive employee organization.

45.12.1.32    “Layoff” refers generally to the termination of an employee’s service without fault because of lack of work, lack of funds, or other causes unrelated to the employee’s job performance.

45.12.1.33    “Limited term employee” means an employee employed to perform in a special or mandated program which funds their positions and on which the position depends; if the funding terminates the position terminates, which shall not be considered a “layoff” as that term is used in this chapter.

45.12.1.34    “Management employee” means an employee, other than a department head, having significant responsibilities for formulating or administering county or departmental policies and programs.

45.12.1.35    “Management representative” means the person(s) designated by the board to speak for the board on matters concerning its relations with employees.

45.12.1.36    “Mediation” means efforts by an impartial third party or parties to assist as intermediaries, through interpretation, suggestion and advice, in reconciling disputes regarding wages, hours and other terms and conditions of employment between the county’s management representatives and representatives of recognized employee organizations.

45.12.1.37    “Meet-and-confer in good faith” or “meet-and-confer” means the mutual obligation of the county’s management representative(s) and representatives of recognized exclusive employee organizations personally to meet and confer within a reasonable period of time in order to freely exchange information, opinions and proposals, and to endeavor to reach agreement on matters within the scope of representation.

45.12.1.38    “Memorandum of understanding” means a written memorandum jointly prepared by the parties, incorporating matters on which agreement is reached through meeting and conferring with the county’s representatives and representatives of a recognized exclusive employee organization. The memorandum shall be presented to the county’s board for determination and implementation.

45.12.1.39    “Month” means a calendar month.

45.12.1.40    “Monthly salary” means an individual’s cash compensation for a full month of service in the range and step established by the board.

45.12.1.41    “Pay range” means a consecutive ordering of pay rates assigned to a given class of positions.

45.12.1.42    “Performance evaluation” means a comprehensive review of an individual employee’s performance of the duties and responsibilities of the employee’s current position and the employee’s qualifications to perform the job.

45.12.1.43    “Personnel director” means the employee designated by the board to manage the county’s employer-employee relations.

45.12.1.44    “Position” means a specific office, employment or job with assigned duties and responsibilities the position holder is expected to perform.

45.12.1.45    “Preference” means the ordering of employees for the purpose of determining which will be considered first in filling a vacant position.

45.12.1.46    “Probationary employee” means a classified county employee who has not yet completed the trial phase of employment in a position.

45.12.1.47    “Promotion” means the movement by an employee from one class to another having a higher maximum range of pay.

45.12.1.48    “Professional employee” means an employee engaged in work requiring specialized knowledge and skills attained through completion of a recognized course of instruction, including, but not limited to, attorneys, physicians, registered nurses, engineers, architects, teachers, and various types of physical, chemical, social work and biological scientists.

45.12.1.49    “Range” means a sequence of salary steps used to identify the minimum, maximum, and intermediate salary rates which may be paid to employees within a class.

45.12.1.50    “Reclassification” means changes in duties, responsibilities, qualifications, or class of a position as a result of job evaluation.

45.12.1.51    “Recognized exclusive employee organization” means a qualified employee organization which has been certified by the board as the majority representative of employees in an appropriate employee representation unit. Such certified majority representative shall be the exclusive representative of the employees in the unit, subject to the right of an employee to represent himself/herself.

45.12.1.52    “Regular employee” means an employee who has completed a probationary period and occupies a permanent part-time or full-time position within the county.

45.12.1.53    “Regular work week” means regularly scheduled hours for county employees during a one-week period.

45.12.1.54    “Representation unit” means a group of employees deemed appropriate for representation in the employer-employee relations process by the personnel director initially and following periodic analysis.

45.12.1.55    “Representative” means a person with written designation and authorization by a recognized employee organization to represent it in dealing with the county.

45.12.1.56    “Resignation” means voluntary termination, prior to retirement, of service to the county by an employee.

45.12.1.57    “Retirement” means when an eligible county employee is no longer on active duty and is drawing an annuity.

45.12.1.58    “Retirement date” means the date on which an eligible county employee ceases to be on active duty and begins to draw an annuity.

45.12.1.59    “Salary anniversary date” means the date when an employee’s status is changed from probationary to nonprobationary in a position.

45.12.1.60    “Scope of representation” means all matters relating to wages, hours and other terms and conditions of employment, but does not include consideration of the merits, necessity or organization of any service or activity provided by law or executive order.

45.12.1.61    “Step” means the salary level of an employee based on the employee’s place within the established salary range for the employee’s class.

45.12.1.62    “Suspension” means the disciplinary action of placing a county employee in a nonpay status for a specified period of time.

45.12.1.63    “Supervisor” means any county employee exercising direction or control over two or more county employees in the performance of their duties with the authority on behalf of the county to hire, suspend, lay off, recall, promote, discharge, assign, reward or discipline other employees, or responsibility to direct them, or to adjust their grievances, or effectively to recommend such action, if the exercise of such authority is not merely routine or clerical in nature but calls for the use of independent judgment.

45.12.1.64    “Temporary hire” means any person hired full-time or part-time in an ad hoc or a regular authorized position for a limited period not to exceed twelve months unless the personnel director approves an extension in writing. A temporary hire may be terminated without notice and is not eligible for the benefits and rights of this chapter unless specifically stated herein.

45.12.1.65    “Termination” means ending the employment relationship whether from the resignation, retirement, dismissal or death of an employee.

45.12.1.66    “Tests” means the formal method by which an applicant’s qualifications for employment are assessed.

45.12.1.67    “Unauthorized absence” means an employee’s absence from duty without proper permission.

45.12.1.68    “Vacancy” means a position for which the duties are not assigned to an employee.

45.12.1.68.1    “Workplace bullying” means the repeated mistreatment of a fellow employee by means of verbal or physical conduct that a reasonable person would find threatening, intimidating or humiliating.

45.12.1.69    “Written notification” means information in written form presented to an employee, the employee’s representative or delivered to the employee’s last known address.

45.12.1.70    “Y-rate” means a monthly salary rate for an individual employee which is greater than the highest established rate for his/her class and which remains static until the two become equal. (Ord. No. 723, (part): Ord. No. 735, (part); Ord. No. 761, § 69.)