Chapter 3.24
SEPARATIONS FROM CLASSIFIED SERVICE Amended Ord. 5298

Sections:

3.24.010    Separations from classified service, disciplinary actions and leaves. Amended Ord. 5298

3.24.020    Layoffs. Amended Ord. 5298

3.24.030    Dismissals, suspensions and demotions. Amended Ord. 5298

3.24.040    Length of suspensions. Amended Ord. 5298

3.24.050    Military leave.

3.24.060    Status during leave of absence—Substitute appointments. Amended Ord. 5298

3.24.010 Separations from classified service, disciplinary actions and leaves. Amended Ord. 5298

The rules prescribed and enforced by the Civil Service Commission shall provide for: the separation from the classified service of employees through layoff; disciplinary actions (suspension or dismissal or demotions); and leaves of absence. [Ord. 3700 § 2, 1985; Ord. 2847, 1980; Ord. 455-A, 1954; prior code § 4.05.600].

3.24.020 Layoffs. Amended Ord. 5298

The rules prescribed and enforced by the Civil Service Commission shall provide that whenever it becomes clearly evident that the necessity of any position in the classified service has become unnecessary to the best interest of the government of the County and to the public service, the Board of Supervisors may, after an open hearing on the matter, abolish such position from the classified service and lay off the employee holding such employment or position; provided, however, that such employee so laid off shall have his name placed at the head of the prevailing eligible list and a reasonable attempt be made to place such employee in a position or grade in the classified service comparable with the position or grade from which he was removed by the layoff. If, within 24 months after the abolishment of such position or office, it is reestablished, all persons laid off at the time of the abolishment must be given an opportunity to return to their former positions under the classified service. [Ord. 2555, 1978; Ord. 455-A, 1954; prior code § 4.05.620].

3.24.030 Dismissals, suspensions and demotions. Amended Ord. 5298

The dismissal, suspension or demotion of any officer or employee in the classified service shall be as follows:

(A)    Any officer or employee in the classified service may be dismissed, suspended, reduced in compensation or demoted by the appointing authority by a written order, stating specifically the reasons for the action. The order shall be filed with the County Personnel Director and a copy thereof shall be furnished without delay to the person to be dismissed, suspended or demoted.

(B)    The officer or employee within seven days after presentation to him of the order may appeal through the County Personnel Director to the Civil Service Commission from the order. Upon filing of the appeal, the County Personnel Director shall forthwith transmit the order and appeal to the Civil Service Commission for hearing.

This appeal provision shall not apply to provisional or probationary employees.

(C)    Procedures applicable to disciplinary appeal hearings are specified in the rules promulgated by the Civil Service Commission.

(D)    Within 30 days from the filing of the appeal, the Commission shall schedule a hearing on the matter. Said hearing shall commence as soon as practical, and the Commission shall either affirm, modify or revoke the order. With respect to a modification of an order of dismissal, the Commission has the authority to suspend an employee for a period up to and in excess of 30 days or take other actions as a modification of the order. The appellant may appear personally, produce evidence, obtain counsel to represent him/her and be entitled to a public hearing. If the appellant requests a later hearing date or a continuance he/she shall be deemed to have waived any claim for additional compensation as a result of the delay, in the event the appellant is ordered reinstated.

(E)    The findings and decision of the Civil Service Commission shall be certified to the department head or officer whose act was the basis for the hearing, and to the appellant, and shall be enforced forthwith and such decision followed by them. [Ord. 4340 § 1, 1994; Ord. 4249 § 1, 1993; Ord. 4236 § 1, 1993; Ord. 3710 § 1, 1986; Ord. 3700 § 3, 1985; Ord. 2847, 1980; Ord. 2443, 1977; Ord. 2362, 1976; Ord. 1916, 1973; Ord. 455-A, 1954; prior code § 4.05.610].

3.24.040 Length of suspensions. Amended Ord. 5298

The rules prescribed and enforced by the Civil Service Commission shall provide for suspensions by an appointing authority for not longer than 30 days. [Ord. 3700 § 4, 1985; Ord. 455-A, 1954; prior code § 4.05.630].

3.24.050 Military leave.

Any employee required to perform active military service shall be granted the leave of absence provided by law. [Ord. 2847, 1980; Ord. 648, 1960; Ord. 455-A, 1954; prior code § 4.05.640].

3.24.060 Status during leave of absence—Substitute appointments. Amended Ord. 5298

(A)    No new employee or probationer taking the position of a permanent employee in the classified service who has been granted a leave of absence shall acquire other than probationary status in the classified service in such position until the expiration of such leave of absence, and any extension or renewal thereof.

(B)    Any permanent employee in the classified service who requests reappointment to the position held by him prior to the time he was granted leave of absence, during the period of such leave of absence, or any extension or renewal thereof, shall be reappointed to such position. In event of severance from service by reason of such reappointment of such permanent employee, the probationer shall have his name returned to the eligible lists.

(C)    Appointment to a probationary status by a new employee taking such position during the leave of absence granted a permanent employee shall not be a bar to such probationer making application for examination held under the provisions hereof for appointment to any position declared open for such examination. [Ord. 2847, 1980; prior code § 4.05.635].