Chapter 3.28


3.28.010    Appointment procedures.

3.28.020    Selection of appointees.

3.28.030    Appointment to vacant positions.

3.28.040    Appointment to previous class.

3.28.050    Provisional appointments pending examination.

3.28.060    Extra-help appointments.

3.28.070    Overlapping appointments.

3.28.080    Transfers and reinstatement.

3.28.090    Probationary period.

3.28.100    Promotions.

3.28.110    Rejection during probation after promotion.

3.28.120    List of appointments.

3.28.130    Repealed.

3.28.010 Appointment procedures.

(A)    All applicants for appointment shall apply to the Personnel Department. Qualified applicants shall be examined as provided in the County Code provisions establishing the Limited Civil Service System (Chapters 3.04 through 3.28 SCCC) and the Civil Service Regulations (sometimes referred to as “Civil Service Rules”).

(B)    No officer, appointing authority, or department head may appoint any applicant to any classified position in County employment unless said applicant has been certified as eligible for such position by the Personnel Director; provided, however, that the findings of the Personnel Director regarding an applicant’s eligibility may be appealed to the Civil Service Commission, whose decision in any such case shall be final.

(C)    Notice of appointment of an applicant to any position must be filed with the Personnel Director and the Auditor sufficiently in advance of employment to permit necessary review and processing of such forms as shall be prescribed by the Personnel Director and the Auditor.

(D)    The Personnel Director may require that persons to be hired for certain positions successfully complete a background investigation, including fingerprinting, prior to appointment when deemed necessary for the performance of official duties.

(E)    Depending on the requirements of the position as further detailed in rules promulgated by the Commission, persons selected for employment with the County may be required to have a physical examination or screening by the time of employment and may be subject to a favorable recommendation by an examining physician within 15 days after the date of employment. Elected officials are excluded from this subsection. Unless the department head deems a physical examination necessary for an extra-help employee, extra-help employees are also excluded from this subsection. Persons who have successfully completed a preemployment physical examination or screening for County employment within the previous six months may be exempted from an additional physical if:

(1)    They have experienced no sickness or injury requiring professional, medical or surgical services subsequent to the prior examination; and

(2)    The prior examination included all of the components necessary for evaluating the person’s capabilities for the class of the new appointment. [Ord. 5298 § 7, 2019; Ord. 2847, 1980; Ord. 1655, 1971; Ord. 579, 1959; Ord. 489, 1956; prior code § 4.15.020].

3.28.020 Selection of appointees.

The Civil Service Rules shall provide that department heads, boards or officers possessing by virtue of law the power to appoint shall, after the certification of an appropriate eligible list to such department head, board or officer, select one of the qualified persons that have been certified. [Ord. 5298 § 7, 2019; Ord. 2830, 1979; Ord. 648, 1960; Ord. 455-A, 1954; prior code § 4.05.510].

3.28.030 Appointment to vacant positions.

The Civil Service Rules shall provide for the appointment to vacant positions within the classified service. [Ord. 5298 § 7, 2019; Ord. 2847, 1980; Ord. 455-A, 1954; prior code § 4.05.500].

3.28.040 Appointment to previous class.

The Civil Service Rules shall provide for the appointment of an employee to a previous class where permanent status was attained. [Ord. 5298 § 7, 2019; Ord. 2847, 1980; Ord. 2131, 1975; prior code § 4.05.520].

3.28.050 Provisional appointments pending examination.

(A)    In the absence of an appropriate eligible list, provisional appointments may be made without examination, but no such provisional appointments shall continue longer than the following:

(1)    For department head positions, 180 days;

(2)    For other positions, 90 days.

(B)    Successive provisional appointments shall not be allowed, except that one additional temporary authorization for the same length of time as the original provisional appointment may be approved. [Ord. 5298 § 7, 2019; Ord. 2847, 1980; Ord. 2613, 1979; Ord. 2336, 1976; Ord. 481, 1956; Ord. 455-A, 1954; prior code § 4.05.560].

3.28.060 Extra-help appointments.

The Civil Service Rules shall provide for temporary appointment of persons on suitable eligible lists for a period not to exceed 999 hours in a fiscal year. The acceptance or refusal to accept such temporary appointment on the part of the persons on the eligible list shall not be a bar to appointment to a permanent position from such eligible lists. [Ord. 5298 § 7, 2019; Ord. 3687 § 2, 1985; Ord. 2847, 1980; Ord. 455-A, 1954; prior code § 4.05.550].

3.28.070 Overlapping appointments.

Notwithstanding other provisions of this code, appointments to fill regular, budgeted positions being vacated may take place 60 working days in advance of the regular, budgeted positions becoming vacant. This provision shall also apply to an employee who is returning to a former department because of a probationary release and where all positions in the former class are filled. It shall be the responsibility of the appointing authority to ensure that no such overlapping appointment continues for more than 60 working days. [Ord. 5263 § 4, 2017; Ord. 4055 § 4, 1990; Ord. 3214 § 1, 1982; Ord. 2865, 1980; prior code § 4.15.025].

3.28.080 Transfers and reinstatement.

The Civil Service Rules shall provide for transfer within the classified service from one position to a similar position:

(A)    At the same range, or within five percent above the current class salary range at the fifth step; and

(B)    For reinstatement within two years of persons who have resigned or have, without fault or delinquency on their part, separated from the classified service. [Ord. 5298 § 7, 2019; Ord. 4055 § 3, 1990; Ord. 2830, 1979; Ord. 2131, 1975; Ord. 455-A, 1954; prior code § 4.05.590].

3.28.090 Probationary period.

The Civil Service Rules shall provide for a period of probation not less than six months nor more than one year immediately following appointment or promotion before such appointment or promotion is made complete, during which period a probationer may be discharged, suspended, or reduced to their previous position without right of hearing in the matter, and their name may be removed from the eligible list. Notwithstanding the above, the Civil Service Rules may provide for the extension of the period of probation. [Ord. 5298 § 7, 2019; Ord. 4117 § 1, 1991; Ord. 3700 § 1, 1985; Ord. 2847, 1980; Ord. 788, 1962; Ord. 455-A, 1954; prior code § 4.05.530].

3.28.100 Promotions.

The Civil Service Rules shall provide for promotion based on competitive examinations. The Commission may, at its discretion, restrict applicants for such promotional examinations to persons who are already employed under the classified service or who were appointed to positions excluded from the classified service through competitive examination and regular certification procedures when, in the opinion of the Commission, the number and experience of such applicants justifies such restriction. Eligible lists shall be created and promotion made therefrom in the same manner as prescribed for original appointment. Whenever practical, vacancies shall be filled by promotion. [Ord. 5298 § 7, 2019; Ord. 2417, 1977; Ord. 455-A, 1954; prior code § 4.05.580].

3.28.110 Rejection during probation after promotion.

(A)    The Civil Service Rules shall provide that any employee rejected during the probation period from a position to which they were promoted shall be reinstated to the same class of position from which they were promoted. Any employee in the classified service who is promoted or transferred to a position not included in the classified service shall be reinstated to the class from which they were promoted or transferred if, within six months after such promotion or transfer, action is taken to dismiss that person. However, in either of the cases provided for in this section, the employee may be discharged from the class in the classified service from which they were promoted or transferred in the manner provided in the Civil Service Rules for the discharge of employees from the classified service. The right to return to the former class as applied in this section is limited to employees that have passed probation in the former class.

(B)    If at any time during an employee’s promotional probationary period a department head determines that the employee’s performance is less than satisfactory, the department head will advise the former department head in writing. A department head who releases a promotional probationary employee will attempt to place the employee in their former class of position in any willing County department with a funded vacancy in that class. If the releasing department head is unsuccessful in placement of the employee, they shall advise the former department, the Personnel Director and the County Administrative Office in writing 10 days prior to the release date. [Ord. 5298 § 7, 2019; Ord. 4055 § 2, 1990; Ord. 2847, 1980; Ord. 455-A, 1954; prior code § 4.05.540].

3.28.120 List of appointments.

The Commission is authorized to request a list of all persons in County employ, showing in connection with each name the position held, the date and character of every appointment, and every change in status for that employee. [Ord. 5298 § 7, 2019; Ord. 464, 1955; Ord. 455-A, 1954; prior code § 4.05.595].

3.28.130 No employment of relatives of department heads.

Repealed by Ord. 5195. [Ord. 489, 1956; prior code § 4.15.030].