Chapter 3.20


3.20.010    Responsibility for Administration.

3.20.020    Classes of Employees.

3.20.030    Career Service System.

3.20.035    Recordkeeping.

3.20.040    Status of Employment.

3.20.050    Participation in E-Verify.

3.20.010 Responsibility for Administration.

A.    The Executive shall be responsible for the administration of the County personnel system in accordance with the policies and standards established by ordinance and Code. This Title and Code establishes a personnel system for the County which assures recruitment, selection and retention of County employees on the basis of merit; the development of a County Career Service; promotion on the basis of demonstrated ability; and compensation and personnel practices which will keep the County system competitive.

B.    The Human Resources Director as the Executive’s designee shall be responsible to administer the personnel system and directly related affairs of the County to include collective bargaining; provided, that such role will not infringe upon the authority of the County Executive to exercise supervisory authority on those matters. The Human Resources Director may promulgate Administrative Guidelines (rules) to supplement this Code, provided such Administrative Guidelines shall not be in conflict with the Code.

(Ord. 2008-106s § 1 (part), 2008; Ord. 2004-7s § 2 (part), 2004; Ord. 82-56 § 2 (part), 1982; prior Code § 6.05.010)

3.20.020 Classes of Employees.

A.    County employees shall be either members or potential members of the Career Service, or be exempt from Career Service.

B.    The following are exempt employees and shall serve "at will" unless otherwise provided:

1.    No more than two appointed positions in each department of an elected official of the Executive Branch;

2.    Those employees of the Prosecuting Attorney and Superior and District Courts according to State law; provided the above independent elected officials may request and the Council and Executive may grant, by ordinance, modifications to this exemption;

3.    Those employees of the Executive Department of the Sheriff;

4.    The Chief Officer of each Executive Department;

5.    All employees of the Council;

6.    Extra-hire employees;

7.    Limited duration employees;

8.    All employees of the Executive Branch of government on the managerial and legal grids of the Salary and Classification Plan;

9.    Other employees as may be necessary as determined by the Council or by other statute.

C.    The following are not considered to be County employees:

1.    Elected officials;

2.    Independent contractors, employees of independent contractors and employees of temporary employment services or agencies;

3.    All volunteer members of Boards and Commissions appointed by the Council or Executive.

D.    The following are not eligible for County benefits unless specifically provided by State law or specific Code Sections:

1.    Independent contractors, employees of independent contractors, and employees of temporary employment services or agencies;

2.    All volunteer members of boards and commissions appointed by the Council or Executive;

3.    Extra-hire employees.

Elected officials are not eligible for these specific County benefits: vacation leave, sick leave, Shared Sick Leave, Humanitarian Leave, Catastrophic Leave, and longevity benefits except as provided by State law.

(Ord. 2008-106s § 1 (part), 2008; Ord. 98-123 § 1 (part), 1998; Ord. 92-163 § 1 (part), 1993; Ord. 82-56 § 2 (part), 1982; prior Code § 6.05.020)

3.20.030 Career Service System.

The recruitment, selection and promotion of Career Service employees shall be competitive and shall be based upon merit and demonstrated ability. Career Service employees shall have such rights, working conditions and benefits as are specified by ordinance, Code and any Administrative Guidelines. County employees exempt from the Career Service under the provisions of 3.20.020 B.2., 3., 5., 7. and 8., and the appointees of elected officials under 3.20.020 B.1., are eligible for employment in the Career Service through the competitive promotional examination process. If the employee was hired through the meritorious process through the Human Resources Department, such employees shall be eligible, whether or not the appointment would be a promotion, but shall not be eligible for appointment to the Career Service through non-competitive placement processes such as transfer, demotion or layoff. (Ord. 2008-106s § 1 (part), 2008; Ord. 98-123 § 1 (part), 1998; Ord. 82-56 § 2 (part), 1982; prior Code § 6.05.030)

3.20.035 Recordkeeping.

A.    The official personnel file for each employee shall be maintained and retained by the Human Resources Director in the Human Resources Department. Such record shall include the employee’s application for initial County employment; application for transfers or promotions obtained; applications and amendments for benefits; performance evaluations; record of training received; records of commendation both from within the County structure and from without; record of disciplinary action; other records which reflect changes to the employee’s pay grade or step or leaves of absence without pay; and any other records which may be determined necessary or appropriate by the Human Resources Director. Such records shall be a permanent part of the personnel file.

B.    Personnel files and records, including medical files and training records, shall be confidential and shall not be released for public information except as provided by law. Personnel files may be inspected by the Human Resources Director and members of the Human Resources Department, the employee or employee’s authorized representative, the County Executive or designee, the employee’s department director or supervisor, departmental training contact for training records, any other department director or Appointing Authority to which the employee has been referred for consideration for transfer or re-employment or certified for consideration for promotion, or other similar circumstance as approved by the Human Resources Director. The Human Resources Department shall record the names of all persons, except employees of the Human Resources Department, who access individual personnel files, but not including electronically generated and maintained files, and the date of access.

(Ord. 2008-106s § 1 (part), 2008)

3.20.040 Status of Employment.

A.    Career Service employees may be removed only for cause, as specified by ordinance; provided, that such cause need not be demonstrated where an employee is retired or laid off in accordance with the provision of this Code and Administrative Guidelines.

B.    Exempt employees serve at the pleasure of the Appointing Authority.

C.    A probationary or provisional employee may, without cause, be terminated or demoted to a prior class in which the employee held a Career Service status.

D.    An extra-hire employee works in a temporary position without County benefits and is not included in the Career Service. An extra-hire employee serves at the pleasure of the Appointing Authority.

E.    Employees eligible for earning of County benefits shall be able to transfer their County benefit accruals and earning rate if transferred to another County department.

F.    Nothing in this Section shall derogate from the County’s authority to abolish positions and/or lay off employees because of reductions in force and/or reorganization.

(Ord. 92-163 § 1 (part), 1993; Ord. 82-56 § 2 (part), 1982; prior Code § 6.05.040)

3.20.050 Participation in E-Verify.

The County shall enroll and participate in E-Verify. The Human Resources Director shall ensure that it is applied to all persons to be hired by the County as County employees. (Ord. 2009-74s § 1 (part), 2009)