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Title 2 ADMINISTRATION AND PERSONNEL Chapters:
2.04 Time and Place of Supervisorial Meetings 2.08 County Administrator 2.12. Public Guardian 2.16 Sealer of weights and Measures 2.20 County Officers, 2.24 Commission, Committee and Board Review 2.28 Department of Transportation 2.32 Health and Human Services Department, 2.34 Children and Families First Commission 2.36 Planning Commission 2.38 Department of Child Support Services 2.40 Emergency Services 2.44 Peace Officer Standards and Training 2.48 Corrections and Probation Officer Standards and Training 2.52 Financial Disclosure 2.56 Use of County Vehicles, 2.60 Personnel 2.64 Fees 2.68 County Counsel
Chapter 2.04 TIME AND PLACE OF SUPERVISORIAL MEETINGS
Sections:
2.04.010 Designated. 2.04.020 Adjournment.
2.04.010 Designated. Regular meetings of the board of supervisors of the county shall be held in the Trinity County Free Library in Weaverville on the first Tuesday and Wednesday of each month and the third Tuesday of each month. When a regular meeting outlined in this section falls on a county holiday, the board of supervisors shall meet on the next business day thereafter. (Ord. 1167, 1992; Ord. 1068 §1, 1985)
2.04.020 Adjournment. At such regular meeting times, if a quorum of the board of supervisors does not assemble before the hour of two p.m. of any of the days fixed as the time for regular meeting of the board, or before two p.m. of any day to which a regular meeting has been adjourned, it shall be the duty of the clerk of the board of supervisors to adjourn the meeting until the next business day at the hour of ten a. m.; provided, that when the clerk of the board has adjourned such meeting for three consecutive days, he shall thereupon, at the fourth adjournment , adjourn such meeting until the next regular meeting day. (Ord. 218 §2, 1956)
Chapter 2.08 COUNTY ADMINISTRATOR
Sections:
2.08.010 Purpose. 2.08.020 Qualifications and recruitment. 2.08.030 Appointment and removal. 2.08.040 Salary and departmental allowances. 2.08.050 General duties. 2.08.060 Special duties. 2.08.070 Annual report. 2.08.080 General powers. 2.08.090 Department head duties. 2.08.110 Limitation of authority.
2.08.010 Purpose. The purpose of this chapter is to establish the position of county administrative officer, and to define the nature, duties and responsibilities of the position. (Ord. 1115 §1(part), 1988) | ||
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2.08.020 Qualifications and recruitment. A. The county administrative officer shall have five years of increasingly responsible management experience in budgetary, financial, personnel and organizational duties in a local government agency, and the demonstrated ability to perform duties as outlined in the job description for this position. The county administrative officer shall have completed college course work equivalent to a bachelor's degree in public or business administration or a closely related field, with a master's degree preferred. B. Vacancies in this position shall be filled through statewide recruitment measures. (Ord . 1115 § 1(part) , 1988)
2.08.030 Appointment and removal. The county administrative officer shall be appointed by, and serve at the pleasure of the board of supervisors, and may be removed from office by majority vote of the board of supervisors upon thirty days written notice of such removal; except that the county administrative officer shall not be given notice during the first one hundred twenty days following any change in membership of the board of supervisors except upon four-fifths vote of the board. Such notice of removal shall be given at a regular meeting of the board. The board may also relieve the county administrative officer of his duties during the period. The county administrative officer shall make every effort to give thirty days' written notice to the board prior to vacating the position. (Ord. 1115 §1(part), 1988)
2.08.040 Salary and departmental allowances. The salary of the county administrative officer shall be determined by the board of supervisors. In order to implement and carry out the duties of the office, the county administrative officer shall have such funds, space, equipment and personnel as are allowed by the board. (Ord. 1115 §1(part), 1988)
2.08.050 General duties. Under the policy direction of the board of supervisors, the county administrative officer shall direct and coordinate the administrative activities of all county offices, departments and agencies, both appointive and elective, to the extent that such direction does not conflict with the statutory duties of the elected officials and appointed officials. Compliance with county administrative policies, programs and procedures shall be maintained. The county administrative officer shall enforce, on behalf of the board, all rules, regulations and policies of the board, unless enforcement of a particular rule, regulation or policy is vested in another by the board. The county administrative officer shall recommend to the board candidates for department and agency head appointment, except those that are otherwise provided for by law. (Ord. 1115 §1(part), 1988)
2.08.060 Special duties. Subject to the supervision and direction of the board of supervisors, the county administrative officer's duties shall include but not be limited to the following: A. The county administrative officer shall be responsible to the board for the administration of county offices, departments and institutions, as set forth in Section 2.08.050, General Duties. This shall include the coordination of the work of all elective and appointive county offices, departments and institutions in such matters which are the responsibility of the board. Studies may be undertaken and investigations made which, in the discretion of the county administrative officer, are necessary or desirable, and/or have been requested by the board. The county administrative officer shall make recommendations to the board, after discussion with department heads, which will result in greater efficiency and economy in the administration of county affairs. The county administrative officer, to carry out such responsibilities, is authorized to make requests for information from any officer, department head or institutional head. B. Under the direction of the board of supervisors, the county administrative officer shall be responsible for general budgetary planning for the county. To this end, the county administrative officer: 1. Shall, after consultation with department heads, prepare and recommend to the board of supervisors an annual budget for all departments for which the board of supervisors is responsible, and shall exercise continuous budgetary control after the adoption of such budget to insure depart-mental compliance with budgetary appropriations. To achieve the foregoing, the county administrative officer shall, after consultation with the county auditor-controller, recommend to the board of supervisors such budgetary and expenditure controls as are necessary or desirable; 2. Shall periodically report to the board of supervisors, as requested, concerning budgetary resources and needs of county government; 3. Shall review all requests for department budget transfers between budgetary appropriations, and thereafter make recommendations to the board of supervisors regarding such requests; 4. Shall have the authority to approve interdepartmental transfers of fixed assets and shall be responsible for managing real property pursuant to Government Code 25350.51 and 25350.60; 5. Shall approve the filling of vacant budget positions, and be responsible for the control and assignment of extra help, with budgetary constraints subject to the board of supervisors' direction. The county administrative officer shall make recommendations to the board concerning re-quests for additional extra help or new positions; 6. Shall have the authority to approve all out-of-county travel requests, once assured that they are within the budgetary allowance set for the requesting department, and make recommendations to the board of supervisors on requests for travel that are not included in an appropriated travel allowance; 7. Shall recommend to the board of supervisors the salaries and fringe benefits of nonrepresented elected and appointed department heads, and management, confidential and other nonrepresented county employees whose salaries are established by the board. C. The county administrative officer shall maintain and direct central administrative services directed by the board of | ||
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supervisors, such as building and property management, the use of office appliances and duplicating, and the maintenance of automotive or other major equipment, and control over its use. D. The county administrative officer shall act as purchasing agent on behalf of the county. E. The county administrative officer shall supervise and direct the administration of the data processing department and county personnel department. F. The county administrative officer shall prepare and present to the board of supervisors plans and proposals, as may be directed by the board of supervisors, which relate to the conservation and effective use of the county's properties, facilities and resources, and the prevention, reduction and solution of problems created by the development and growth of county government. The county administrative officer shall recommend to the board of supervisors the assignment of space in county facilities to the various county departments, and shall prepare, and/or review as appropriate, and update annually for approval by the board a five-year capital improvement plan which shall include project priorities, costs, and suggested means of financing. G. The county administrative officer shall periodically review, supervise and direct the preparation, revision, implementation and maintenance of a County Organizational Plan. In the performance of this duty, the county administrative officer shall, after consultation with the appropriate department head(s), recommend to the board of super-visors such transfers, reassignments, additions, deletions or consolidation of county functions, programs, services or staff as are deemed necessary and proper. H. The county administrative officer shall attend the meetings of the board and may participate in the discussion of any matter. I. The county administrative officer shall review and coordinate applications for state and federal grant funds. J. The county administrative officer shall evaluate on-the-job performance of each nonelective department head, as directed by board of supervisors' policy. If so directed, the county administrative officer shall discuss the draft evaluation with the department head prior to the sub-mission of the report to the board. If the final report indicates unsatisfactory performance, the report shall be discussed with the board and department head. The county administrative officer shall have the authority to recommend to the board of supervisors the dismissal or suspension of any nonelective department head appointed by the board. Whenever such recommendation is made, the person affected shall be notified in writing and, upon request, shall have the right to be heard in closed session by the board of supervisors. The county administrative officer shall make re-commendations to the board of supervisors on merit increases for department heads, in writing, with a copy to the department head. K. The county administrative officer is the employee relations officer and shall make recommendations on employee negotiations matters to the board and may conduct these negotiations and handle county grievance procedures as required. The county administrative officer shall coordinate the preparation, execution and management of county contracts and leases in accordance with procedures established in cooperation with the auditor, county counsel and county clerk. L. The county administrative officer shall supervise the preparation of the board's agenda in accordance with agenda policy adopted by the board of supervisors, and shall enforce compliance with scheduling procedures as set forth in the policy. M. The county administrative officer shall perform such other duties as may be assigned from time to time by board directive, and may delegate functions to appropriate staff . (Ord. 1115 §1(part) , 1988)
2.08.070 Annual report. The county administrative officer shall prepare an annual report and present it to the board of supervisors. It shall contain a summary of departmental activities for the preceding twelve-month period, and an appraisal of the financial circumstances. Included will be a review of the state of the county government. The report shall also contain recommended items for the immediate attention of the board. (Ord. 1115 §1 (part), 1988)
,2.08.080 General powers. To assist in carrying out the powers and duties of office, the county administrative officer, when accompanied by the affected department head, may enter any county department and investigate the operation thereof with respect to the efficiency and economy of the administrative procedures thereof, and may recommend to that department head any action relating to the use of personnel, equipment, facilities or budgetary expenditures. (Ord. 1115 §1(part), 1988)
2.08.090 Department head duties. A. It shall be the duty of each department head to make available information relating to the administrative operation of the department and to otherwise cooperate with the county administrative officer in the investigation of the administrative operation of such department. B. Prior to submittal to the board of supervisors by department heads, all requests regarding the expenditure or commitment of funds, or which otherwise commit county personnel or resources, shall be first sent to the county administrative officer. Such matters include, but are not limited to: contracts, leases, purchases, requests for proposals, travel requests, budget transfers, requests to fill vacant portions and/or create new positions, requests for changes in classification, title or salary, work plans, etc. Such requests shall be provided to the county administrative officer as far in advance as possible for consideration and review. Requesting departments shall provide enough information to evaluate the requested action. Where necessary, the county administrative officer shall route requests to the county auditor/controller and/or district attorney/ county counsel for preparation, review, information, approval or other such action. (Ord. | ||
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1115 §1(part), 1988)
2.08.110 Limitation of authority. No provision of this chapter is intended to vest in the county administrative officer any duty, prerogative or discretion now conferred by law upon any other officer of the county. Any citizen or agency dissatisfied with any decision of the county administrative officer may appear before the board of supervisors. (Ord. 1115 §1(part), 19880
Chapter 2.12 PUBLIC GUARDIAN
Sections:
2.12.010 Title. 2.12.020 Established. 2.12.030 Bond. 2.12.040 Compensation.
2.12.010 Title. This chapter shall be known as the "Trinity County public guardian ordinance." (Ord. 375 §1, 1980)
2.12.020 Established. Pursuant to Section 8000 of the Welfare and Institutions Code of the state, there is established, within the county, the position of public guardian. (Ord. 375 §2, 1980)
2.12.030 Bond. The public guardian shall file an official bond in the amount of five thousand dollars, which bond shall inure to the joint benefit of the several guardianship or conservatorship estates in the county and such public guardian shall not be required to file bonds in individual estates. The expense of such bond shall be charged against the treasury of the county. (Ord. 375 §3, 1980)
2.12.040 Compensation. Compensation for the office of the public guardian shall be set forth in the current Trinity County salary schedule. (Ord. 375 §4, 1980)
Chapter 2.16 SEALER OF WEIGHTS AND MEASURES
Sections:
2.16.010 Established. 2.16.020 AppointmentTerm. 2.16.034 Compensation. 2.16.040 Powers and duties.
2.16.010 Established. There is in Trinity County the office of county sealer of weights and measures. (Ord. 273 §1, 1964)
2..16.020 AppointmentTerm. The sealer shall be appointed by the board of supervisors for a term of four years. (Ord. 273 §2, 1964)
2.16.030 Compensation. The salary of the sealer shall be fixed by the board of supervisors and he shall receive his necessary traveling and other expenses incurred in the performance of his duties. (Ord. 273 §3, 1964)
2.16.040 Powers and duties. The sealer shall have the powers of, and shall perform all duties of, a county sealer of weights and measures as may be prescribed by the laws of the state. (Ord. 273 §4, 1964)
Chapter 2.2 0
Sections:
2.20.010 Elected county officers. 2.20.020 Consolidated county offices. 2.20.021 Investment authority. 2.20.030 Office of controller. | ||
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2.20.010 Elected county officers. Pursuant to Government Code Section 24009, the following county officers are elected by the people: treasurer, county clerk, auditor, sheriff, tax collector, district attorney, recorder, assessor and coroner. (Ord. 1271 §1, 2003; Ord. 1184 §2 (part), 1993}
2.20.020 Consolidated county offices. Pursuant to the authority granted in Government Code Section 24304, the following county offices are consolidated into single offices and one person shall be elected to fill the consolidated office. A. Treasurer and tax collector; B. Clerk, recorder and assessor; C. Sheriff and coroner. (Ord. 1271 §2, 2003; Ord. 1185 §l, 1994; Ord. 1184 2(part), 1993)
2.20.021 Investment authority. The county treasurer is delegated the authority to invest or reinvest the funds of the county and the funds of other depositors in the county treasury, pursuant to Government Code Chapter 4 commencing with Section 53600) of Part 1 of Division 2 of Title 5. The county treasurer shall thereafter assume full responsibility for those transactions until the board of supervisors either revokes its delegation of authority, by ordinance, or decides not to renew the annual delegation, as provided in Section 53607. Nothing in this section shall limit the county treasurer's authority pursuant to Section 53635 or 53684. Government Code Section 27000.1) Ord. 1248 §1, 2001)
2.20.030 Office of controller. Pursuant to Government Code Section 26880, the office of controller is created. The county auditor is ex-officio county controller. (Ord. 1184 §2 (part), 1993)
Chapter 2.24 COMMISSION, COMMITTEE AND BOARD REVIEW
Sections:
2.24.010 Title. 2.24.020 Supervisor's duties- -Recommendations. 2.24.030 Vacancies.
2.24.010 Title. This chapter shall be known as the "Trinity County commission, committee and board review ordinance." (Ord. 359 §1, 1977)
2.24.020 Supervisor's dutiesRecommendations. A. Within six months of taking office, a supervisor, newly elected to the board of supervisors, shall review the qualifications, performance and philosophy of all members of Trinity County's commissions, committees and boards residing within the geographical boundaries of such newly elected supervisor's supervisorial district and shall, following such review, recommend to the board of supervisors the removal of such commissioners, committee members and board members that such newly elected supervisor concludes should be replaced. B. In the event such a recommendation or recommendations are made, the minutes of the board of supervisors' meeting shall so state. If the board of supervisors, by a three-fifths vote, approves the recommendation of such newly elected supervisor that such member of a commission, committee or board be removed, then such member shall be removed from such commission, committee or board fifteen days there after. (Ord. 359 §2(part), 1977)
2.24.030 Vacancies. A. Any vacancies occurring on any commission, committee or board shall be publicly noticed in accordance with state law. B. Vacancies shall be filled by the board of supervisors in the same manner as original appointments. (Ord. 359 §2 (part), §3, 1977)
Chapter 2.28 DEPARTMENT OF TRANSPORTATION
Sections:
2.28.010 Established. 2.28.020 Director. 2.28.030 Functions.
2.28.010 Established. There is established a department of transportation of the county . (Ord. 1183 § 1(part) , 1993; Ord. 363 §1, 1977)
2.28.020 Director. There shall be a director of transportation, who shall be in charge of the department of transportation | ||
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of the county. The office of road commissioner and director of transportation of the county shall be filled by one person . (Ord . 1183 § 1(part) , 1993; Ord . 363 §2, 1977)
2.28.030 Functions. The following functions shall be carried out by the department of transportation: A. All the duties of the office of road commissioner; B. All the duties of the office of county surveyor; C. The construction, maintenance and operation of all county airports; D. Engineering and supervision of construction in connection with public works projects performed by or for the county; E. All matters pertaining to the operation of the county vehicle maintenance service center; F. Such other duties as may be assigned by resolution or ordinance. (Ord. 1183 §1(part), 1993; Ord. 363-1 §1, 1978; Ord. 363 §3, 1977)
Chapter 2.32 HEALTH AND HUMAN SERVICES DEPARTMENT*
Sections:
2.32.010 Created. 2.32.020 Director. 2.32.030 Appointing authority. 2.32.040 Powers and duties of department.
*Prior ordinance history: Ord. 1041
2.32.010 Created. A department of social services is established, and is to be known as the Trinity County health and human services department. (ord. 1183 §2 (part), 1993)
2.32.020 Director. The board of supervisors shall appoint a director of county health and human services department who shall administer all public social service and public health programs, as mandated by the state and federal government, subject to the jurisdiction and control of the board of supervisors. The director shall have the requisite qualifications and experience necessary for the proper discharge of the functions of the office. (Ord. 1183 §2 (part), 1993)
2.32.03.0 Appointing authority. A. The director is the appointing authority for all positions established by the board of supervisors within the department of health and human services. B. Such positions shall be compensated in accordance with salaries established by the board of supervisors and be subject to the state's merit system regulations and the county personnel regulations, where applicable. (Ord. 1183 §2 (part), 1993)
2.32.040 Powers and duties of department. The general powers and duties of the county health and human services department shall be as follows: A. Under general direction of the county board of supervisors and within the state law and rules, be responsible for the administration of the overall public health and social service program of the county; B. To cooperate with other county departments, and act as a means of liaison between the board of supervisors and governmental agencies; C. Develop and prepare the heath and human services department budget and prepare financial, statistical and other reports, as required by county code and regulating state departments. (Ord. 1183 §2 (part). 1993)
Chapter 2.34 CHILDREN AND FAMILIES FIRST COMMISSION
Sections:
2.34.010 Findings and purpose. 2.34.020 Definitions . 2.34.030 Establishment of commission. 2.34.040 Establishment of trust fund. 2.34.050 Membership. 2.34.060 TermsAppointment. | ||
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2.34.070 ChairpersonRules and regulations. 2.34.080 Commission subject to Ralph M. Brown Act. 2.34.090 Compensation. 2.34.100 Duties .
2.34.010 Findings and purpose,. The board of supervisors of the county of Trinity do find that: A. The voters of the state of California passed the California Children and Families First Act of 1998. The act recognizes that there is a compelling need in California to create and implement a comprehensive, collaborative, and integrated system of information and services to promote, support and optimize early childhood development from the prenatal stage to five years of age. B. The act further recognizes that there is a compelling need in California to ensure that early childhood development programs and services are universally and continuously available for children until the beginning of kindergarten. Proper parenting, nurturing, and health care during these early years will provide the means for California's children to enter school in good health, ready and able to earn and emotionally well developed. C. It is the intent of the ordinance codified in this chapter to facilitate the creation and implementation of an integrated, comprehensive and collaborative system of information and services to enhance optimal early childhood development. This system should function as a network that promotes accessibility to all information and services from any entry point into the system. It is further the intent of this ordinance to emphasize local decision making, to provide for greater local flexibility in designing delivery systems, and to eliminate duplicate administrative systems. D. The California Children and Families First Act of 1998 provides for funding through an excise tax on tobacco products in order to implement the goals and objectives which are outlined in the act itself. It is the further intent of this chapter to create Trinity County's children and families first commission and Trinity County's children and families first trust fund in order to receive funding through the Act and to implement the goals, and objectives outlined in the California Children and Families First Act of 1998. (Ord. 1223 §1(part), 1998)
2.34.020 Definitions. As used in this chapter, the following terms are defined: "Act" means the California Children and Families First Act of 1998. "California children and families commission" means the state commission established in accordance with Health and Safety Code Section 130110. "Commission" means the children and families first commission established pursuant to Health and Safety Code Section 130140. "County strategic plan" means the plan adopted by the commission and submitted to the California children and families first commission pursuant to Health and Safety Code Section 130140. "Trust fund" means the children and families first trust fund established pursuant to Health and Safety Code Section 130105. (Ord. 1223 §1 (part), 1998)
2.34.030 Establishment of commission. There is established a commission to be known as the children and families first commission. (Ord. 1223 §1(part}, 1998)
2.34.040 Establishment of trust fund. There is established a trust fund to be known as the children and families first trust fund. (Ord. 1223 §1(part}, 1998)
2.34.050 Membership. The commission shall consist of nine members. The membership shall consist of: (1) one member of the board of supervisors; (2) the director of mental health or his/her designee; (3) the health and human services director or his/her designee; (4) the county administrative officer; (5) the hospital administrator or his/her designee; (6) the county superintendent of schools or his/her designee; (7) the director of human response network or his/her designee; and (8) two members of the .general public. (Ord. 1250 §1, 2001; Ord. 1223 §1(part), 1998)
2.34.060 TermsAppointment. Commission members shall be appointed by the board of supervisors. Commission members shall serve at the pleasure of the board of supervisors. The term of office of each member shall be for three years and until the appointment of his/her successor. (Ord. 1223 §1(part}, 1998)
2.34.070 ChairpersonRules and regulations, The members of the commission shall annually elect a chairperson who shall serve for a term of one year. The commission shall make such rules and regulations as are necessary to conduct its business. (Ord. 1223 §1(part), 1998)
2.34.080 Commission subject to Ralph M. Brown Act, The commission's meetings are subject to the open meeting laws contained in the Ralph M. Brown Act. (Ord. 1223 §1(part), 1998)
2.34.090 Compensation. The members of the commission shall serve without compensation, but may receive actual and necessary expenses as are incurred in carrying out their duties. (Ord. 1223 §1(part), 1998)
2.34.100 Duties. The children and families first commission is charged with the following duties: | ||
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A. To implement the goals and objectives of the Act; B. To administer the moneys and the Trinity County children and families first trust fund; C. The adoption of an adequate and complete county strategic plan for the support and improvement of early childhood development within the county as outlined the Act; D. To conduct at least one public hearing on its proposed county strategies plan before the plan is adopted; E. To conduct at least one public hearing on its periodic review of the county strategic plan before any revisions to the plan are adopted; F. To submit its adopted county strategic plan, and any subsequent revisions thereto, to the state commission and the board of supervisors; G. To prepare and adopt an audit and report pursuant to Health and Safety Code Section 130150. The commission shall conduct. at least one public hearing prior to adopting any annual audit and report; H. To conduct at least one public hearing on each annual report by the state commission prepared pursuant to Health and Safety Code Section 130150, subdivision (b); I. Make copies of its annual audits and reports available to members of the general public on request and at no cost; J. To exercise all powers, duties, and functions as are prescribed by statute, the board of supervisors, and the commission. (Ord. 1223 §1(part), 1998)
Chapter 2.36 PLANNING COMMISSION
Sections:
2.36.010 Created. 2.36.020 MembershipTerms. 2.36.030 OfficersMeetingsDuties. 2.36.040 ChairmanZoning administrator. 2.36.050 Compensation. 2.36.060 AppointmentOath. 2.36.070 Duties as advisory agency.
2.36.010 Created,. There is created a planning commission for the county, which commission shall also be the planning agency for the county and the advisory agency as provided for in the Subdivision Map Act of the state and the subdivision ordinance of the county. (Ord. 174-6 §1(part) , 1978)
2.36.020 MembershipTerms,. A. The planning commission shall be composed of five members. One shall be appointed from each supervisorial district. Each supervisor shall nominate a commissioner who is a resident and voter from his or her supervisorial district. On the effective date of the amendment to this section, persons serving as planning commissioners who, by reason of redistricting or otherwise, are not residents and voters of the supervisorial district of the supervisor who nominated them, or that supervisor's successor in off ice, may nevertheless complete the term of off ice set forth in subsection C of this section, subject to being removed pursuant to subdivision D, as the nominee of the supervisor, or successor, rather than the nominee of the supervisor of the supervisorial district of the planning commissioner's residence. Such persons may also be appointed for additional terms of office immediately succeeding his or her current term when nominated by the same supervisor and without the need to be a resident of the nominating supervisor's district. B. Each nominee must be confirmed by a majority vote of all the members of the board of supervisors. No person shall be appointed as a regular planning commissioner who is an officer or employee of the county, except in his capacity as a planning commissioner. C. The terms of office for the respective planning commissioners shall be as follows: 1. The terms of office of the planning commissioners from supervisorial districts 2, 3, and 5 shall expire on the first Monday following January 31, 1993. 2. The terms of office of the planning commissioners from supervisorial districts 1 and 4 shall expire on the first Monday following January 31, 1995. 3. Terms of office after the expiration of the terms as provided in subsections (C) (1) and (C) (2) of this section shall be for a period of four years and shall expire on the first Monday after January 31st upon the completion of the four-year term. 4. Vacancies shall be filled by the nomination and confirmation procedure set forth in subsection B of this section. The person appointed to fill a vacancy which occurs during a term of office shall fill the office for the remainder of the unexpired term. D. A planning commissioner may be removed from office by a three-fifths vote of all members of the board of supervisors. E. Planning commissioners shall inform themselves upon the planning practice and regulations applicable | ||
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to the county of Trinity. (Ord. 1166 §1, 1992: Ord. 174-6 §1(a) , 1978)
2.36.030 OfficersMeetingsDuties. A. The commission shall elect a chairman and vice chairman and other necessary officers from among its members for a term of one year. B. The commission shall hold at least one regular meeting each month and other meetings as may be necessary. C. The commission shall adapt rules and regulations for the transaction of business. D. The planning commission shall perform such functions and duties and shall have such powers and duties as are prescribed by law, and, in particular, as are prescribed in Chapter 3 of Title 7 of the Government Code of the state, and in addition, the planning commission shall perform such other functions and duties with respect to planning and zoning and other matters as the board of supervisors shall direct. (Ord. 174-6 §1(b), 1978)
2.36.040 ChairmanZoning administrator. A. The chairman of the planning commission shall also be designated the zoning administrator. The actions of the zoning administrator shall be recorded in the same manner as action of the entire board and minutes distributed to all commissioners. B. The zoning administrator shall: 1. Hold public hearings at least once a month to reconsider routine petitions for use permits, rezonings that are consistent with the general plan and minor variances; 2. Make recommendations on rezonings to the board of supervisors which apply only to minor land divisions when the rezoning is accompanied by a tentative parcel map. The planning commissioner from the district within which the property is located has the power to veto the decision with-in fourteen days after the zoning administrator makes his decision. The rezoning fee applicable to this action is waived; and 3. Sit as the planning commissioner's representative on the subdivision review committee. C. The zoning administrator may approve or approve with mitigation measures, any negative declaration that accompanies projects for which he. would otherwise have approval authority. D. The zoning administrator may refuse to hear any application which he feels the entire planning commission should jointly consider. E. Appeals of the zoning administrator's decisions shall be made in the same manner as prescribed for appeals of planning commission decisions. F. In the absence of the chairman of the planning commission, by a majority vote of the commissioners, the planning commission may select another commissioner to temporarily serve as zoning administrator. (Ord. 174-8 §1, 1979; Ord. 174-7 §1, 1979; Ord. 174-6~ §1(c), 1978)
2.36.050 Compensation. Members of the planning commission shall be compensated or reimbursed only as follows. A. Each member of the planning commission shall be entitled to receive the sum of fifty-five dollars for each such regular or special meting of the planning commission at which he is in attendance. B. Each member of the planning commission shall be entitled to the sum of twenty dollars for each duly called field trip of the planning commission in which he participates. C. The zoning administrator shall receive the sum of fifty-five dollars for each zoning administrator public hearing that he conducts and twenty-five dollars for each subdivision review committee meeting that he attends. D. Each member of the planning commission shall be entitled to mileage at the rate set forth in the current county salary ordinance necessarily traveled in attending each meeting or field trip for which compensation may be claimed under this chapter, and any conference for which prior authorization had been received from the board of supervisors; provided, however, that. no mileage shall be allowed for travel in the course of a field trip unless a county-owned car or bus is unavailable. In addition, any member required to obtain lodging or meals because of his attendance at such a meeting or field trip is entitled to reasonable reimbursement therefore. E. Each member of the planning commission shall be entitled to reasonable and necessary expenses, other than mileage, which is compensated far by subsection D of this section, incidental to the attendance of any planning conference, for which prior authorization to attend has been obtained from the board of supervisors at the same rate as general county employees. (Ord. 174-9 §§1, 2, 1979; Ord. 174-8 §2, 1979; Ord. 174-6 §1(d), 1978)
2.36.060 AppointmentOath. The planning commission shall be legally constituted and have jurisdiction to proceed to act as provided by law upon the appointment of the members thereof by an order of the board of supervisors duly entered in the minutes and upon each of the members taking and filing oath of office as provided by law. (Ord. 174-6 §2, 1978)
2.36.070 Duties as advisory agency. A. The county planning commission shall act as, and carry out the duties of the advisory agency, as defined in the Subdivision Map Act of the state. B. All tentative subdivision maps shall be filed with the planning commission and the planning commission shall | ||
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report its action on such maps direct to the subdividers. C. Procedures in connection with the making of any subdivision, and in carrying out the duties of an advisory agency, shall be in full and direct accord with the provisions of the Subdivision Map Act of the state, and penal-ties for violations thereof, or of this section, shall be as specified therein. (Ord. 193 §§1, 2 and 3, 1948)
Chapter 2.38 DEPARTMENT OF CHILD SUPPORT SERVICES
Sections:
2.38.010 Established. 2.38.020 Director. 2.38.030 Functions .
2.38.010 Established. There is established a department of child support services . (Ord. 1249 §1(part), 2001)
2.38.020 Director. The board of supervisors shall appoint a director of child support services who shall administer the child support program as mandated by the state and federal government. (Ord. 1249 §1(part), 2001)
2.38.030 Functions. Under direction of the State Director of Child Support Services, and within state and federal law will be responsible far the day-to-day administration of the local child services agency for the county and for the enforcement of child support enforcement activities. (Ord. 1249 §1(part), 2001)
Chapter 2.40 EMERGENCY SERVICES
Sections:
2.40.010 Title. 2.40.020 Purpose. 2.40.030 Definitions. 2.40.040 Disaster councilCreated. 2.40.050 Disaster councilPowers and duties. 2.40.060 Director of emergency servicesCreated. 2.40.070 Director of emergency servicesPowers and duties. 2.40.080 Emergency organization. 2.40.090 Emergency plan. 2.40.100 Expenditures. 2.40.110 ViolationPenalty.
2.40.010 Title. This chapter shall be known as the "Trinity County disaster ordinance." (Ord. 295-1 §1, 1972)
2.40.020 Purpose. The declared purpose of this chapter is to provide for the implementation and carrying out of plans for the safety of persons and property within the territorial limits of Trinity County, caused by conditions such as air pollution, fire, flood, storm, epidemic, riot or earthquake or other conditions, or if a state of war exists. Conditions resulting from a labor controversy are excepted, being conditions which are or are likely to be beyond the control of the services, personnel, equipment and facilities of the county; and to coordinate the emergency functions of the county with all other public agencies, corporations, organizations and affected private persons. (Ord. 295-1 §2, 1972)
2.40.030 Definitions. A. "Disaster" means actual or threatened enemy attack, sabotage, extraordinary fire, flood, storm, epidemic, riot, air pollution, earthquake or other conditions. B. "Disaster council" means the Trinity County disaster council. C. "Emergency" means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of the county. (Ord. 295-1 §3, 1972)
2.40.040 Disaster councilCreated. The Trinity County disaster council is created and shall consist of the following: A. The chairman of the board of supervisors, who shall be chairman of the council; B. The director of emergency services, who shall be vice-chairman of the council; C. The assistant director of emergency services; D. Such chiefs of various emergency services as are provided for in the current emergency plan of the county, | ||
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adopted pursuant to the ordinance codified in this chapter or to its predecessor ordinances; E. Such representatives of civic, business, labor, veterans, professional, or other organizations having an official emergency responsibility, as may be appointed by the director of emergency services, with the advice, consent and approval of the board of supervisors. (Ord. 295-1 §4, 1972)
2.40.050 Disaster councilPowers and duties. A. It shall be the duty of the disaster council, and it is empowered to develop and recommend for adoption by the board of supervisors, emergency and mutual aid plans and agreements and such ordinances and resolutions, rules and regulations as are necessary to implement such plans and agreements. B. The disaster council shall meet upon call of the chairman, or, in his absence from the county or inability to call such meeting, upon call of the vice chairman. (Ord. 295-1 §5, 1972)
2.40.060 Director of emergency servicesCreated. A. There is created the office of director of emergency services. The director of emergency services shall be appointed by the board of supervisors. B. There is created the office of assistant director of emergency services, who shall be appointed by the director of emergency services. (Ord. 295-1 §6, 1972)
2.40.070 Director of emergency servicesPowers and duties A. The director of emergency services is empowered to: 1. Request the board of supervisors to proclaim the existence of a local emergency if the board is in session, or to issue such proclamation if the board is not in session. whenever a local emergency is proclaimed by the director, the board of supervisors shall take action to ratify the proclamation within seven days thereafter, or the proclamation shall have no further force or effect; 2. Request the Governor of the state to proclaim a state of emergency when, in the opinion of the director, the locally available resources are inadequate to cope with the emergency; 3. Control and direct the effort of the emergency organization of the county for the accomplishment of the purposes of this chapter; 4. Direct cooperation between and coordination of services and staff of the emergency organization of the county; and resolve questions of authority and responsibility that may arise between them; 5. Represent the county in all dealings with public or private agencies on matters pertaining to emergencies; 6. In the event of the proclamation of a local emergency as provided in this section, the proclamation of a state of emergency by the Governor of the state, or by the Director of the California office of Emergency Services, or the existence of a state of war emergency, the director of emergency services of the county is empowered; a. To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency; provided, however, that such rules and regulations must be confirmed at the earliest practicable time by the board of supervisors, b. To obtain vital supplies, equipment and such other properties found lacking and needed for the protection of life and property and to bind the county for the fair value thereof, and, if required immediately, to commandeer the same for public use, c. To require emergency services of any county officer or employee, and, in the event of the proclamation of a state of emergency or the existence of a state of war emergency, to command the aid of as many citizens as he deems necessary in the execution of his duties. Such persons shall be entitled to all privileges, benefits and immunities as are provided by state law for registered disaster service workers, d. To requisition necessary personnel or material of any department or agency of the county, and e. To execute all of the special powers conferred upon him by this chapter or by resolution or emergency plan pursuant hereto or pursuant to predecessor ordinances theretofore adopted by the board of supervisors, all powers conferred upon him by any statute, by any agreement approved by the board of supervisors, and by any other lawful authority. The director of emergency services shall designate the order of succession to that office, to take effect in the event the director is unavailable to perform his duties during an emergency. Such order of succession shall be approved by the board of supervisors. B. The assistant director of emergency services shall have such powers and duties consistent with the purpose of this chapter as shall be assigned by the director. (Ord. 295-1 §7, 1972)
2.40.080 Emergency organization. All officers and employees of Trinity County, together with those volunteer forces enrolled to aid them during an emergency, and all groups, organizations and persons who may, by agreement, or by operation of law, including persons whose services were commanded under the provisions of Section 2.40.070 A(6)c , be charged with duties incident to the protection of life and property in Trinity County during such emergency, shall constitute the emergency organization of the county. (Ord. 295-1 §8, 1972)
2.40.090 Emergency plan. The disaster council shall be responsible for the development of the Trinity County emergency plan, which plan shall provide far the effective mobilization of all of the resources of the county, both public and private, to meet any condition constitution a local emergency, state of emergency or state of war emergency, and shall provide for the organization; powers and duties, services and staff of the emergency organization. Such plan shall take | ||
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effect upon adoption by resolution of the board of supervisors. (Ord. 295-1 §9, 1972)
2.40.100 Expenditures. Any expenditures made in connection with emergency activities, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and the property of the county. (Ord. 295-1 §10, 1972)
2.40.110 ViolationPenalty. It shall be a misdemeanor, punishable by a fine of not to exceed five hundred dollars or by imprisonment for not to exceed six months or by both fine and imprisonment, for any person, during an emergency, to: A. Willfully obstruct, hinder or delay any member of the emergency organization in the enforcement of any lawful rule or regulation issued pursuant to this chapter, or in the performance of any duty imposed upon him by virtue of this chapter; B. Do any act forbidden by any lawful rule or regulation issued pursuant to this chapter, if such act is of such a nature as to give or be likely to give assistance to the enemy, or to imperil the lives or property of the inhabitants of the county, or to prevent, hinder or delay the defense or protection thereof ; C. Wear, carry or display, without authority, any means of identification specified or used by the emergency organization of the county or any emergency agency of the state. (Ord. 295-1 §11, 1972)
Chapter 2.44 PEACE OFFICER STANDARDS AND TRAINING
Sections:
2.44.010 Desire to receive state aid. 2.44.020 Adherence to standards. 2.44.030 Review of standards.
2.44.010 Desire to receive state aid. The county declares that it desires to qualify to receive aid from the state, under the provisions of Chapter 1 of Title 4, Part 4 of the California Penal Code. (Ord. 335 §1, 1972)
2.44.020 Adherence to standards. Pursuant to Sections 13510 (c) and 13522 of said Chapter 1, the county sheriff's department will adhere to the standards for recruitment and training established by the California Commission on Peace Officer Standards and Training. (Ord. 1114 §1(part), 1988: Ord. 335 §2, 1972)
2.44.030 Review of standards. Pursuant to Section 13512, Chapter 1, the commission and its representatives may make such inquiries as deemed appropriate by the commission to ascertain that the county sheriff's department public safety dispatcher personnel adhere to standards for selection and training established by the commission on peace officer standards and training. (Ord. 1114 §1(part), 1988)
Chapter 2.48 CORRECTIONS AND PROBATION OFFICER STANDARDS AND TRAINING
Sections:
2.48.010 Title. 2.48.020 Adherence to standards.
2.48.010 Title. This chapter shall be known as the "Trinity County standards and training ordinance." (Ord. 377 §1, 1981)
2.48.020 Adherence to standards. While receiving any state aid pursuant to Article 3, commencing with Section 6040 of the California Penal Code, the county will adhere to the standards for recruitment and training established by the board of corrections. (Ord. 377 §2, 1981)
Chapter 2.52 FINANCIAL DISCLOSURE
Sections:
2.52.010 Title. 2.52.020 Assessor's office. | ||
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2.52.010 Title. This chapter shall be known as the "Trinity County financial disclosure ordinance." (Ord. 339 §1, 1973)
2.52.020 Assessor's office. A. Pursuant to authority contained in California Government Code Section 3704, the assessor shall annually disclose .his financial interests in the same manner, to the same extent and with the same penalty for failure to comply as such disclosure is required of the members of the board of supervisors, pursuant to Chapter 4, Division 4.5, Title 1 of the Government Code. B. Pursuant to authority contained in Government Code Section 1126, employees in the office of the assessor whose duties include appraisal of property for assessment purposes shall annually disclose their financial interest in the same manner and to the same extent as required of the board of supervisors pursuant to California Government Code Section 3700. (Ord. 339 §2, 1973)
Chapter 2.56 USE OF COUNTY VEHICLES
2.56.010 Purpose. 2.56.020 Exempt departments. 2.56.030 Vehicles assigned to county officials. 2.56.040 Vehicles assigned to department of transportation and general services personnel. 2.56.050 Authorized personnelAssessor's office. 2.56.060 Other authorized personnel. 2.56.070 Emergency situations and authorization for the use of county vehicles. 2.56.080 ViolationPenalty.
2.56.010 Purpose, The purpose of this chapter is to adopt rules and regulations governing the use of county-owned vehicles, in accordance with Section 25305 of the Government Code of the state. (Ord. 350 §1, 1975)
2.56.020 Exempt departments, Sheriff's department vehicles are classified as emergency vehicles and as such are exempt from the provisions of this chapter. (Ord. 350 §2, 1975)
2.56.030 Vehicles assigned to county officials. The following county officials and department heads are assigned vehicles which shall be parked, during off duty hours, in an area designated by minute order of the board of supervisors of the county: A. Director of emergency services; B. Fair advisor; C. Sealer of weights and measures; D. Hospital administrator; E. General services manager; F. Planning director; G. Building department; H. Probation department; I. Animal control officer. (Ord. 1183 §3 (part), 1993; Ord. 350 §3, 1975)
2.56.040 Vehicles assigned to department of transportation and general services personnel. A. The director of transportation and general services director are each assigned one vehicle on a twenty-four-hour basis and the vehicle may be taken home. B. The road supervisor of the county transportation department is assigned a vehicle which shall be parked, during off-duty hours, in the transportation department yard at Weaverville. The vehicle is to be parked at the Weaverville yard at all times during off-duty hours, except as provided in Section 2.56.070. C. The board of supervisors may by minute order assign to lead positions of the transportation department, vehicles on a twenty-four-hour basis and permit such vehicles to be taken home if they find such use, after review, to be in the public interest. (Ord. 1234 §1, 1999; Ord. 1183 §3 (part} , 1993 : Ord. 350-1 §1, 1976: Ord. 350 §4, 1975)
2.56.050 Authorized personnelAssessor' s office . The assessor's office shall be assigned four vehicles for use by department employees. Use other than during regular working hours shall be governed by other sections of this chapter. (Ord. 350 §5, 1975)
2.56.060 Other authorized personnel, An employee of any county department to whom a vehicle has not been assigned, and who needs to use a county-owned vehicle, other than during regular working hours, may be assigned a | ||
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vehicle by his or her department head on a temporary basis only. The authorization for such assignment must be in writing and forwarded to the board of supervisors. (Ord. 350 §6, 1975)
2.56.070 Emergency situations and authorization for, the use of county vehicles. A. Employees are permitted the use of county vehicles in emergency situations related to the duties of their job, without the prior approval of the department head, when the department head is not immediately available to provide authorization. B. Registered civil defense volunteers are authorized to ride in county vehicles when assigned by the director of emergency services. C. Immediate family of county employees who are assigned vehicles are not permitted to ride in county vehicles except with the prior approval of the county administrative officer. (Ord. 1183 §3(part), 1993; Ord. 1141 §1, 1990; Ord. 350 §7, 1975)
2.56.080 ViolationPenalty. A. Any county employee who uses a county vehicle unauthorized shall be suspended from work for one week without pay. Any county employee who uses a county vehicle unauthorized a second time is subject to dismissal. B. Such suspension or dismissal shall be directed by the board of supervisors to the county employee with copies to the county auditor and department head involved. Any appeal of suspension or dismissal will be governed by subsections C through F of Section 2.60.110 of this code. (Ord. 350 §8, 1975)
Chapter 2.60 PERSONNEL
Sections:
ARTICLE I. GENERAL PROVISIONS
2.60.010 Authority. 2.60.020 Coverage. 2.60.030 Interpretation and enforcement. 2.60.040 Personnel policies, forms and records. 2.60.050 Equal employment opportunity. 2.60.060 Political and economic conflict of interest. 2.60.070 Dual employment. 2.60.080 Use of county property and official influence. 2.60.090 Hours of work.
ARTICLE II. DEFINITIONS 2.60.100 Definitions .
ARTICLE III. RECRUITMENT, APPLICATION AND SELECTION FOR EMPLOYMENT
2.60.110 Recruitment for employment. 2.60.120 Application for employment. 2.60.130 Selection for employment. 2.60.131 Veterans' preference for employment . 2.60.140 Probationary period.
ARTICLE IV. ELIGIBILITY REGISTERS
2.60.150 Establishment of registers. 2.60.160 Merging eligibility registers. 2.60.170 Placement on registers of previous employees and eligibles not hired. 2.60.180 Removal of eligibles from registers.
ARTICLE V. CERTIFICATION AND APPOINTMENT | ||
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2.60.190 Authorization to fill vacant positions. 2.60.200 Procedure for filling vacant positions. 2.60.210 Limited certification. 2.60.220 Preconditions to appointment. 2.60.230 Preference in making appointments. 2.60.240 Probationary, promotional and transfer appointments. 2.60.250 Provisional appointments. 2.60.260 Extra help and emergency appointments. 2.60.270 Underfilling, appointment of department heads and emergency appointments. 2.60.280 Personnel and payroll notification, 2.60.290 Nepotism.
ARTICLE VI. SEPARATION
2.60.300 Resignation. 2.60.310 Abandonment of employment. 2.60.320 Termination of employment. 2.60.330 Reduction in force.
ARTICLE VII. POSITION CLASSIFICATION
2.60.340 Position classification plan. 2.60.350 Position information. 2.60.360 Position allocation and reallocation. 2.60.370 Classification system maintenance. 2.60.380 Establishing additional positions.
ARTICLE VIII. COMPENSATION
2.60.390 Compensation planGenerally. 2.60.400 Compensation planApplication. 2.60.410 Appointments. 2.60.420 Position reallocation and temporary assignments. 2.60.430 Salary surveys. 2.60.440 Step increases and sequence affecting pay adjustments . 2.60.450 Compensation upon separation. 2.60.460 Overtime compensation. 2.60.470 Training expenses, travel time and payoffs. 2.60.480 Pay periods and employment records. 2.60.490 Group health insurance.
ARTICLE IX. LEAVE
2.60.500 Vacation leave. 2.60.510 Professional leave. 2.60.520 Sick leave. 2.60.530 Holiday leave. 2.60.540 Leave of absence without pay. 2.60.550 Bereavement leave. 2.60.560 Court leave. 2.60.570 Military leave. 2.60.580 Compensatory leave. 2.60.590 Application of leave policy to extra help. 2.60.600 Procedures governing leave policy.
ARTICLE X. DISCIPLINARY PROCEDURES
2.60.610 Authority and cause for discipline. | ||
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2.60.620 Types of disciplinary action. 2.60.630 Investigation of alleged misconduct. 2.60.640 Imposing disciplinary action. 2.60.650 Appeal of disciplinary action. 2.60.660 Disciplinary appeals hearing.
ARTICLE XI. GRIEVANCE PROCEDURE
Subdivision 1. Deputy Sheriffs', Association, Management and Confidential ,and General Unit Employees
2.60.710 Objectives, purposes and scope of grievance procedure. 2.60.720 Grievance procedure designated.
Subdivision 2. Skilled Trades Employees
2.60.730 Objectives, purpose and scope of grievance procedure. 2.60.740 Grievance procedure designated.
ARTICLE XII. TRAVEL POLICY
2.60.750 Statement of general policy. 2.60.760 Travel authorization. 2.60.770 Travel reimbursement. 2.60.780 Travel advance. 2.60.790 Reimbursement for authorized courses. 2.60.800 Authorization to take county vehicles home. 2.60.810 Travel reimbursement for jurors. 2.60.820 Expenditures for training orientation of supervisorselect.
ARTICLE XIII. FEES TO BE PAID TO THE COUNTY
2.60.830 Fees to be paid to the county.
ARTICLE XIV. PUBLIC EMPLOYEES RETIREMENT SYSTEM ( PERS )
2.60.840 Public employees retirement system (PERS). 2.60.841 Terms and conditionsGeneral. 2.60.842 Terms and conditionsPension.
ARTICLE XV. TEMPORARY EMPLOYEE CLASSIFICATION
2.60.850 General terms and conditions. 2.60.860 Compensation. 2.60.870 Miscellaneous provisions.
ARTICLE I. GENERAL PROVISIONS
2.60.010 Authority. The county personnel ordinance is promulgated by the personnel officer in accordance with, and subject to, approval by the board of supervisors. (Ord. 1087 §1(part), 1986)
2.60.020 Coverage. A. The personnel rules and policies contained herein shall apply to all persons employed by the county, except where the natural construction of this chapter otherwise indicates. B. The acceptance of an appointment to any position covered by these rules shall signify acceptance of coverage of these rules by the employee. C. Where the provisions of coverage conflict with presently existing memorandums of understanding with a particular | ||
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bargaining unit, the presently existing memoranda of understanding shall supersede and take precedence. D. Those departments covered by Merit System Personnel Standards of the California State Personnel Board shall not be obligated to adhere to those sections of this chapter which conflict with those standards. Where conflicts between this chapter and the Merit System Standards arise, the Merit System Personnel Standards shall supersede and take precedence. However, where conflicts do not arise, those departments shall comply with the requirements of this chapter. (Ord. 1087 §1(part) , 1986)
2.60.030 Interpretation and enforcement. A. The personnel officer shall have responsibility for providing official interpretations of this chapter in cases of apparent internal conflict between rules and when questions arise regarding the application of these rules to specific situations, procedures, or policies. The county counsel shall be responsible for providing legal interpretations when the policies outlined in this chapter appear to conflict with state and/or federal regulations. B. The personnel officer shall ensure that these rules are enforced, and that the provisions of this chapter are applied uniformly and fairly to all employees under county service. C. Department heads are responsible for the application of these rules within their respective departments and shall ensure that all department employees comply with the provisions of this chapter. D. Department heads shall further ensure that employees in their departments are informed of pertinent provisions of this chapter, when such information is required for the proper execution of their duties; and that employees are informed when any provisions of this chapter affect the terms and conditions of their employment. (Ord. 1087 §1(part) , 1986)
2.60.040 Personnel policies, forms and records. A. The personnel officer may, as necessary, issue written policy statements to be followed in the administration of personnel and employee relations policies, and to other matters deemed necessary for proper personnel administration. B. Department heads shall ensure dissemination of such policy statements and procedures and take appropriate action, where applicable, when violations of such policies and procedures are determined. C. The personnel officer shall prescribe the forms and procedures to be used by county departments in matters of personnel and for purposes of personnel administration. D. The personnel officer shall maintain and/or have access to all employee and personnel records, except where specifically prohibited by state or federal law. E. The personnel officer may assign to other personnel staff employees such duties and responsibilities in connection with this chapter deemed proper and expedient. (Ord. 1087 §1 (part) , 1986)
2.60.050 Equal employment opportunity. A. The county will provide equal employment opportunity in the administration of all personnel policies and practices in a manner which does not discriminate on the basis of race, color, religion, sex, national origin, age, ethnic background, handicap (except where handicap is a bonafide occupational disqualification), political affiliation, marital status or sexual orientation. B. The personnel policies and practices covered under subsection A of this section shall include, but not be limited to, recruitment, appointment, promotion, discipline, retention, training and other benefits, terms and conditions of employment. C. Department heads shall conduct all personnel operations in accordance with equal employment opportunity policy and shall lend full cooperation with the personnel officer in investigating and resolving alleged discrimination complaints. D. Department heads shall be responsible for the distribution to, and discussion of, equal employment opportunity policy with employees in their respective departments. E. The personnel office is directed to maintain such employee and other records as are necessary to accomplish the provisions required by the Equal Employment Opportunity Commission. (Ord. 1229 §1, 1999; Ord. 1087 §1(part) , 1986)
2.60.060 Political and economic conflict of interest. A. No employee shall use official authority or influence for the purpose of interfering with, or affecting the results of an election or nomination for office, or directly or indirectly coerce, attempt to coerce, or advise a county employee to pay, lend, or contribute anything of value to a party, committee, organization, agency, or person for political purposes. B. All county officers and employees are subject to the provisions of Section 3201 through 3209 of the State of California Government Code relating to political activities. C . All officers and employees whose employment is connected with an activity which is financed in whole or in part by loans or grants made by the United States Government or any federal agencies are subject to the provisions of Section 1501 through 1508, Title 5, United States Code. D. No employee shall accept, or solicit anything of value which is, or which may appear to be, designed to influence official conduct; nor shall a county employee enter into any financial or other relationship with a county department, a private business, individual or other organization, which would constitute a conflict of interest with county employment. E. No person employed under the system created in this chapter, whether in the classified or unclassified service, shall, during his working hours, seek election, nomination or appointment as an officer of a political club or organization, or take an active part in a political campaign favoring or opposing any candidate for election or for nomination to any public | ||
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office. F. This chapter does not prevent any such officer or employee from becoming, or continuing to be, a member of a political club or organization, from attending political meetings, or from seeking or accepting election or appointment to public office, during off-duty hours. (Ord. 1087 §1(part), 1986)
2.60.070 Dual employment. A. There shall be no conflicting hours of work when a person is employed by two or more county departments, or in two or more positions in the same department. Dual employment within the county service shall be subject to review and approval by the personnel officer. B. A county employee may work for another employer, so long as the employee continues to function in a satisfactory manner during service with the county, and there is no conflict of hours. No employee shall engage in outside employment or other activity which interferes with the efficient and proper discharge of the duties of county employment, and which tends to impair capacity to perform the duties and responsibilities assigned. C. The board of supervisors may prohibit and/or limit the type of outside employment department heads or employees may engage in as a condition of continued employment where a conflict with county employment can be clearly demonstrated. Nothing in this section, however, shall preclude a department head from taking appropriate action against employees in violation of the provisions of 2.60.01.07 of this chapter. (Ord. 1087 §1(part}, 1986)
2.60.080 Use of county property and official influence. A. No employee shall use or permit the use of county-owned property for other than official activities. In addition, county employees shall have a positive responsibility to protect and conserve county property entrusted to them. B. County employees shall not use their official positions for personal gain. Public authority and privileged information shall not be turned to personal advantage. (Ord. 1087 §1 (part), 1986)
2.60.090 Hours of work. A. A work week shall be deemed to be forty hours . B. The work week shall be established as Sunday through Saturday. C. For purposes of computing fractions of hours worked, the time shall be computed to the nearest half hour D. Employees shall have a meal period of a minimum of thirty minutes or more. Meal periods are not considered work time. Employees shall be completely relieved from duty for the purpose of eating meals. Employees are not relieved from duty if they are required to perform any duties, whether active or inactive, while eating. E. Each department head shall establish a fifteen minute rest period during each four hours of employee work time. Rest periods are hours worked and employees may be required to perform regular duties, if necessary. Rest periods shall be noncumulative and shall not be taken contiguously with lunch breaks or at the beginning or ending of a shift. Department management reserves the right to regulate the times and restrictions by which rest periods are provided. F. A four day, ten hours per day work week schedule may be established by any department head. G. All county offices which provide services directly to the public, other than hospital emergency services, shall remain open for public business Monday thru Friday, excluding the holidays, at a minimum from nine a.m. to four p.m. Office hours shall be posted by each department. The department head shall notify the board of supervisors of any changes in office hours. (Ord. 1243 §1, 2000; Ord. 1171 §1, 1992; Ord. 1143 §1(part), 1990; Ord. 1087 §1(part), 1986)
ARTICLE II. DEFINITIONS
2.60.100 Definitions, The following definitions are an integral part of the Trinity County personnel ordinance and whenever used within the ordinance or in any personnel policy statement, memorandum, or correspondence, these terms shall be understood to have the following meanings: 1. "Affirmative action" means a set of policies and procedures wherein Trinity County is committed to assure and promote equal employment opportunity. 2. "Allocation or position allocation" means the assignment of a position to a classification pursuant to Section 2.60.360. 3. "Allowance" means a fixed amount of money paid to personnel as reimbursement for equipment, supplies and/or services as designated by a memorandum of understanding and/or board resolution. 4. "Anniversary date" means the date which corresponds with the monthly pay period from which probationary periods and/or step adjustments are measured. If an employee begins work as a new hire or as a promoted employee on any day other than the first day of the monthly pay period, the anniversary date shall be adjusted to the first day of the present pay period or the first day of the next following pay period, whichever is closest. 5. "Appropriate units" means a unit of employee classes and/or positions, established pursuant to Article II of the county of Trinity's employer/employee relations policy. 6. "Appeal" means the filing of a written request far consideration and reversal or modification of a disciplinary action imposed by the appointing authority. For purposes of this chapter, a written reprimand, verbal reprimand or employee performance evaluation issued by the appointing authority shall not constitute a disciplinary action. 7. "Applicant" means a person who has filed an official county application form at the county administration and | ||
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personnel office, or at such place as designated by the personnel officer, according to prescribed procedures. 8. "Appointing authority" means a department head, a person, or board having constitutional or statutory authority to appoint candidates to positions, or a specified management employee having lawfully delegated authority to appoint candidates to positions in a department. 9. "Appointment" means the final selection of a candidate by an appointing authority subject to the provisions of Article V of this chapter and subsequent acceptance of employment by a candidate. 10. "Association" means an independent organization of employees. 11. "Authorization card" means a statement signed by an employee designating an employee organization as authorized to act as his or her agent in collective bargaining. An employee signature on an authorized card does not necessarily mean that he or she is a member of or has applied for membership in the employee organization. 12. "Bargaining unit" means an appropriate unit of employees sharing a community of interest which can be served through collective bargaining and formally recognized as such by the county. 13. "Base salary" means the rate of pay as determined on a given hourly or monthly basis for non-overtime work. 14. "Board" when used alone means the board of supervisors of the county. 15. "Call back" means an instance when an employee has completed a normal work shift and is ordered back to work. 16. "Candidate" means person given final selection consideration for appointment to a specific position vacancy at a particular point in time pursuant to Articles III, IV and V of this chapter. 17. "Candidate group" means those eligibles from among which final selection consideration, for appointment to a specific position vacancy at a particular point in time, is given pursuant to Articles III, IV and V of this chapter. 18. "Certificate or certificate of candidates" means a list of candidates prepared by the personnel officer from which final selection consideration for appointment to a specific position at a particular point in time may be given . 19. "Challenged ballot" means a vote questioned by one of the parties to a representation election. Common practice to resolve the challenge is to open and count the challenged ballots if it is sufficient to affect the out-come of the election. 20. "Challenging petition" means a formal request by an employee organization pursuant to Article II, Section 6 of the Trinity county employer/employee relations policy seeking consideration as a competing employee organization for acknowledgment as the exclusively recognized employee organization. 21. "Class or classification" means a set of similar positions allocated pursuant to Section 2.60.360 and designated by a specific class title and salary range. 22. "Classification plan" means an orderly arrangement of positions under separate and distinct classes so that each class will contain all those positions which are sufficiently similar in respect to duties and responsibilities that they will meet the requirements as established under the definition "class." 23. "Classified service" means all those positions approved in the budget as permanent positions and filled by permanent employees. 24. "Compensation" means the salary, wage, allowance, and all other forms of valuable consideration earned by or paid to an employee by reason of service in a position, but shall not include any allowances authorized and incurred as incidental to employment. 25. "Compensation plan" means a schedule of salaries or salary ranges established hereby for the classification recognized in the classification plan. 26. "Compensation range, salary range or pay range" means a designated set of pay rates having a specified minimum rate, maximum rate and intermediate rates. 27. "Compensation rate, salary rate or pay rate" means set dollar amount used as the basis for compensating an employee for working a given period of time. 28. "Compensatory leave" means time which may be taken by an employee as authorized leave with pay for having worked overtime. 29. "Confidential employee" means an employee who is privy to decisions of county management affecting employee relations. 30. "Consult/consultation in good faith" means to communicate orally or in writing for the purpose of presenting and obtaining views or advising of intended actions; and, as distinguished from meeting and conferring in good faith regarding matters within the required scope. of such meet and confer process, does not involve an exchange or proposals and counterproposals in an endeavor to reach agreement, nor is it subject to Article IV of the county of Trinity's Employer/Employee Relations Policy. 31. "Continuous" means without a break due to separation. 32. "Continuous recruitment" means acceptance and examination of applicants on an on-going basis not subject to specific final filing dates. 33. "Continuous service" means the number of calendar days during which work was actually performed for the county which has not been interrupted by a separation, except as provided far in Sections 2.60.330 and 2.60.530. 34. "County" means the county of Trinity in the state of California. 35. "County service or service of the county" means all positions in all departments as defined which are subject to control and regulation by the board of supervisors. 36. "Critical class" is defined as those individuals occupying the following classifications: certified nurses aide, emergency medical technician, licensed vocational nurse and registered nurse. 37. "Day" means a calendar day unless otherwise specified. 38. "Decertification petition" means a formal request by two or more employees or their representative or by an | ||
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employee organization pursuant to Article II, Section 6 of the county Employer/Employee Relations Policy, alleging the Exclusively Recognized Employee Organization no longer represents a majority of the employees in the established appropriate unit. 39. "Demotion" means a reduction in salary and/or reappointment to a lower classification for disciplinary or other reasons of both a voluntary or involuntary nature. 40. "Department" includes "office" and "office" includes department. 41. "Department head" means the head of an established office or department having supervision of such department and office, and also includes all elected officers. 42. "Dismissal" means involuntary separation from county service. 43. "Eligible" means an applicant who has passed all appropriate examinations and has been placed on a register for a class of positions pursuant to Articles III, IV and V of this chapter. 44. "Eligibility list or eligibility register" means the same as referral register. 45. "Emergency appointment" means an appointment made in response to an emergency threatening public health, safety, or welfare pursuant to Section 2.60.270. 46. "Employee, regular" means a person in a permanent position working half time or more. 47. "Employee organization" means any organization which includes employees of the county and which has as one of its primary purposes representing such employees in their relations with the county. 48. "Employee relations officer" means the county administrative officer or his duly authorized representative. 49. "Employee status" means a designation based on the most recent of the following types of appointments: probationary, permanent, extra help, emergency, provisional or student intern. 50. "Employer/employee relations" means the relationship between the county and its employees and their employee organizations, or when used in a general sense, the relationship between management and employees or employee organizations. 51. "Exclusive recognition" means formal acknowledgment by the county that a particular organization has the right to represent employees. Exclusive recognition is accorded an organization supported by a majority of employees in an appropriate bargaining unit and carries with it the sole right to represent all unit employees, members and nonmembers, in dealing with management. 52. "Exclusively recognized employee organization" means an employee organization which has been formally acknowledged by the county as the sole employee organization that represents the employees in an appropriate representation unit pursuant to Article II of the county of Trinity's Employer/Employee Relations Policy. 53. "Extra help" means those employees who are hired for seasonal work, nonrecurring work, vacation relief, or any other work of a short duration which does not require the duties of a permanent, full or part-time employee. This class of employee shall not be provided holiday leave, sick leave, vacation leave, group insurance, or other types of benefits provided permanent employees , nor shall they be covered by the provisions of the employer/employee resolution. 54. "Examination or exam" means any process, procedure, rating, interview, test, evaluation, or assessment whether scored or unscored, formal or informal, which affects a person's eligibility for, or consideration for appointment. 55. "Final selection examination or consideration" means an interview, background evaluation, or other examination of candidates used in making an appointment decision. 56. "Geographical area" means an area surrounding a work location which includes those places within a distance from which an employee would reasonably be expected to commute to work and be able to respond to on-call or standby duty if required of the job classification. 57. "Grant position" means a position which has been authorized by the board of supervisors as a direct result of grant funding (federal or state) or other outside subsidy becoming available to the county for the budgeting of additional county positions for a specific period of time. Grant employees in full-time and part-time grant positions shall have all the rights and privileges of employees in regular full-time and regular part-time positions. Provided however, the grant position shall terminate at the termination of grant funding. 58. "Grievance" means a dispute between an employee or the employee's bargaining unit and management as to the interpretation, application or violation of any terms or provisions granted to employees by agreement, personnel ordinance, or state and federal statute. For purposes of this chapter, appeals from disciplinary actions shall not be interpreted as grievances. 59. "Impasse" means when the representatives of the county and an exclusively recognized employee organization have reached a point in their meeting and conferring in good faith where their differences on matters to be included in a memorandum of understanding, and concerning which they are required to meet and confer, remain so substantial and prolonged that further meeting and conferring would be futile. 60. "Involuntary reappointment" means an unsought appointment of a probationary or permanent employee, by the employee's department head, due to a shortage of work or funds, abolishment of a position or a critical situation adversely affecting the accomplishment of program goals. Such appointments are made to a position in a different classification having the same or lower salary range than the class of the employee's previous position. 61. "Layoff" means termination of service of an employee for nondisciplinary reasons but rather because of lack of work or funds, or for other reasons not related to employee job performance . 62. "Leave" means an authorized absence from work during normally scheduled working hours. 63. "Limited appointment" an emergency, provisional, temporary, extra help or student intern appointment made for a confined duration which must be terminated within some restricted time period. | ||
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64. "Management" means a department head, supervisor or other employee having the authority to exercise management rights, develop management policies or to effectively recommend the exercise of such rights or the development of such policies, where such recommendations or exercise requires the use of independent judgment and is not of a routine nature. 65. "Mediation" means effort by an impartial third party to assist in reconciling an impasse regarding wages, hours and other terms and conditions of employment between representatives of the county and exclusively recognized employee organization through interpretation, suggestion and advice in order that a voluntary resolution can be achieved by the parties. 66. "Meet and confer in good faith" means the mutual obligation personally to meet and confer promptly upon request by either party, continue for a reasonable period of time in order to exchange information, opinions and proposals, and to endeavor to reach agreement on matters within the scope of representation. 67. "Memorandum of Understanding (MOU)" means a written memorandum jointly prepared by the parties incorporating matters on which agreement is reached through meeting and conferring between the county's management representatives and representatives of exclusively recognized employee organization. The memorandum shall be presented to the board of supervisors for final approval. 68. "Minimum qualifications" means standards which designate the typical types of, and minimum levels of, training and/or experience through which one would be expected to acquire the knowledge, skills, and other requirements necessary for satisfactory performance upon entry to a class, or a description of the knowledge, skills and other necessary requirements. 69. "Month" means the calendar month, unless otherwise specified. 70. "Nepotism" means the hiring of relatives of current county employees. First and second degree relationships by blood or marriage are as follows: parents, children, siblings, father-in-law, mother-in-law, son-in-law, daughter-in-law, spouse, grandchildren, brother, sister, grandparents, grandfather-in-law, grandmother-in-law, sister-in-law, brother-in-law, grandson-in-law, grand-daughter-in-law.. 71 "Open recruitment or open examination" means a position or employment test open to the public and not limited to applicants currently in county service. 72 "Payroll deduction" means arrangement under which the county deducts from salary of employees sums of money for various purposes including association and/or union dues . 73. "Performance evaluation" means a formal review of an employee's work activities and job performance over a particular period of time. 74. "Permanent position" means a budgeted position as defined by a specific classification and excluding extra help positions and student intern appointments. 75. "Permanent status" means when an employee assigned to a permanent position satisfactorily completes a probationary period. 76. "Personnel officer" means the county administrative officer or his duly authorized representative. 77. "Position" means a specific office, employment, or job calling for the performance of certain tasks, duties and responsibilities. 78. "Probationary period" means the time limited period of paid service established to review an employee's job performance as an extension of the examination process required before an employee gains permanent status. 79. "Proof of employee support" means (1) an authorization card recently signed and personally dated by an employee, or (2) a verified authorization petition or petitions recently signed and personally dated by an employee, or (3) employee dues deduction authorization, using the payroll register for the period immediately prior to the date a petition is filed hereunder, except that dues deduction authorizations for more than one employee organization for the account of any one employee shall not be considered as proof of employee support hereunder. Valid proof of authorization as defined in the three categories listed above shall be the authorization last signed by an employee. The words "recently signed" shall mean within ninety days prior to the filing of a petition. 80. "Promotion or promotional appointment" means an appointment of an employee candidate having permanent or probationary status to a position in a different class having a higher pay range than the pay range of the class of the employee's previous position. 81. "Provisional appointment" means an appointment of an applicant not on the register pursuant to Section 2.60.250. 82. "Qualifying examination" means an examination which is scored on a pass or fail basis; the scores of which do not indicate relative levels of suitability among those who are determined to be qualified. 83. "Ranking examination" means an examination, the scores of which are appropriate for indicating relative levels of suitability among those who pass. 84. "Reclassification or reallocation of a position" means the changing of a position from one classification to another classification based on the duties assigned pursuant to Sections 2.60.360, 2.60.370 and 2.60.420. 85. "Recognition petition" means a formal request far an employee organization pursuant to Article II, Section 2 of the county Employer/Employee Relations Policy seeking authorization to represent a unit appropriate for collective bargaining. 86. "Recruitment" means acceptance and examination of applicants to be considered for employment with the county. 87. "Reduction in force" means involuntary transfer, demotion, or separation due to lack of work, lack of funds, or other economic reasons, or because the necessity for a position, work unit, or department no longer exists, or elimination of services performed by any or all positions within a department. | ||
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88 . "Referral or referral register" means a list of eligible candidates prepared by the personnel department from which final selection consideration for appointment to a specific position at a particular point in time may be given pursuant to Article V of this chapter. 89. "Reinstatement" means the re-employment or restoration of a former employee to a class in which permanent status was held. 90. "Resignation" means voluntary separation from county service. 91. "Runoff election" means second election conducted when the first fails to show a majority for any choice presented. The top two vote-getters appear in the runoff election. 92. "Score" means an index, indication, description or designation of examination results. 93. "Seniority" means the length of continuous county service without a break due to separation. 94. "Separation" means a break in service resulting from resignation, termination, retirement, dismissal, reduction in force or death, provided in Article VI of this chapter . 95. "Standby" means when an employee is required to remain available for immediate call to work and requiring the employee to be ready to respond to calls immediately; be available by radio or telephone, remain within a reason-able distance in order to respond to calls; refrain from activities which might impair ability to perform assigned duties. 96. "Step" means a pay rate, expressed in hourly, biweekly, semimonthly, or monthly rates, designated in terms of its relationship with other compensation rates in a compensation range. 97. "Step date" means the date upon which an employee is eligible to receive a salary increase based on satisfactory performance and the provisions outlined in Section 2.60.400. 98. "Student intern appointment" means a time-limited appointment of a student where such employment constitutes a recognized phase of the student's educational or training program. 99. "Supervisor" means an employee having statutory or properly delegated authority to appoint, suspend, transfer, promote, dismiss, layoff, demote, assign work, direct or discipline other employees, or effectively recommend such action if the exercise of such authority is not of a merely routine or administrative nature, but requires the use of independent judgment. 100. "Suspension" means an involuntary imposed leave for disciplinary purposes or during investigatory or judicial proceedings. 101. "Temporary assignment" means an employee who fills in for a vacated position for a short period of time. 102. "Termination" means a voluntary or involuntary separation of an employee. 103. "Transfer" means the appointment of an employee from one position to another position within the same classification. 104, "Unclassified service" means positions exempted from the classified service as outlined in the salary resolution or contracted positions unless designated classified by the board. This class of employee shall not be provided holiday leave, sick leave, vacation leave, group insurance or other types of benefits provided permanent positions, nor shall they be covered by the provisions of the employer/employee resolution. 105. "Valid election" means an election certified by the Employee Relations Officer in which one employee organization has been determined to represent a majority of the votes cast. 106. "Valid votes" means those ballots filed by permanent employees of the appropriate unit within the pre-scribed time period and meeting other such requirements as established by the entity conducting such election. 107. "Voluntary reappointment" means an appointment of a permanent or probationary employee candidate voluntarily seeking an appointment to a position in a class having the same or lower compensation range than that of the class previously occupied. 108. "Work unit" means a work system composed of positions organized about a single purpose or program. 109. "Year" means calendar year unless otherwise specified. 110. "Y-rate" means freezing of an incumbents salary rate which is determined to be the salary range assigned a classification as a result of a reclassification action, pursuant to Section 2.60.420C. (Ord. 1151 §1(part), 1991; Ord. 1143 §1(part) , 1990; Ord. 1087 §1(part) , 1986)
ARTICLE III. RECRUITMENT, APPLICATION AND SELECTION FOR EMPLOYMENT
2.60.110 Recruitment for
employment. B. Recruitment programs shall be conducted in such a manner and for such time periods as determined by the personnel officer to be useful and expedient for the class involved. C. No offer of employment may be made to any applicant until after the specified deadline for that position has passed and sufficient time has elapsed for the processing of applications, administration of exams, and the certification and referral of applicants. D. The personnel officer may utilize job vacancy announcements, bulletins, advertisements and other methods to publicize employment opportunities with the county. | ||
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E. When federal or state laws, grants or contracts stipulate, the personnel officer shall be responsible for notifying the appropriate public and private agencies concerning job openings in order to comply with equal employment opportunity practices. F. An appointing authority may limit competition for vacant positions to permanent and probationary employees of the department. Such promotional opportunities shall be made known to all potentially interested and qualified employees of the department, to include general description of the position, salary, application procedures, and an application filing date which allows reasonable time to apply. Ord. 1087 §1 (part), 1986
2.60.120 Application for employment,. A. Application for employment shall be made on an official county job application form and according to such procedures as may be prescribed by the personnel officer. Applications must be filed at the county administration and personnel office or at such places as may be approved by the personnel officer on, or before, any specified final filing date. Any application sent by mail which is received after the final filing date may be processed at the personnel officer's sole discretion if the postmark is prior to the final filing date and it is still possible to process the application without impeding the screening, testing, certification or referral process. It is the sole responsibility of the applicant to meet the required filing date. In addition, applicants shall submit such documents or supplemental information as required by the personnel officer in order to verify or evaluate the applicant's qualifications and background. B. Applications shall only be accepted when there is an official vacancy announcement or notice posted far the class title applied for, when there is a vacancy anticipated, or when a class is designated for continuous recruitment. During periods when applications are not being accepted for a particular class, an applicant has the right to request that a job interest card be kept on file and that they be notified if recruitment is conducted for that class within the next six months. C. Applications which are incomplete or improperly executed may, at the discretion of the personnel officer, be returned to applicants for proper completion. However, such return shall not obligate the personnel officer to reprocess such applications if they are not properly completed and resubmitted on or before the final filing date, or in time to be processed. D. Neither the issuance of an application form, nor an invitation to apply shall be construed as incurring an obligation to accept or approve any application subsequently submitted. E. Applicants may be rejected by the personnel officer and/or applicants refused further consideration, examination, or appointment for any of the following reasons, provided such reasons can be substantiated and documented: 1. Applicant is found to lack any of the minimum qualifications established for the class. 2. Failure of an applicant to submit an application according to established procedures, or within a prescribed time period. 3. Failure of an applicant to complete the application according to instructions, or failure to submit required documents or additional information, or failure to submit a legible and comprehensible application. 4. Applicant has willfully made a false statement with regard to qualifications or background, or has otherwise practiced deception or fraud in connection with an application. 5. Applicant has attempted to use, or has used, unauthorized aids, cheated, or otherwise attempted to secure an undue advantage on any examination. 6. The application submitted is for a job class for which applications are not being accepted at that time. 7. Applicant has failed to appear for a scheduled examination. 8. Applicant has failed to pass any phase of the examination process. 9. Applicant has obtained information regarding examinations to which the individual is not entitled. 10. The application has been on file for over six months. 11. Applicant is found to be physically or mentally unable to perform the assigned duties of the class applied for. 12. Applicant has been convicted of a crime or has a record of convictions, the nature of which would affect the individual's suitability for employment in the class. 13. Applicant has used or attempted to use political or personal pressure or bribery to secure an advantage in obtaining employment. 14. Applicant is under sixteen years of age. 15. Applicant is over the legal retirement age. 16. Applicant is between sixteen and eighteen years of age and has applied for a job which is defined as hazardous by the United States Department of Labor pursuant to the 1974 Federal Fair Labor Standards Act. 17. The applicant's qualifications, relative to the qualifications of other applicants, are not as closely related to the needs of the county in terms of length, breadth, type or quality of training and/or experience. 18. For any other job-related reason the personnel officer has determined adversely affects the applicant's suitability for appointment. F. Application of Veterans' Preference Credit. 1. An applicant who has received a passing score in an open entry level examination in an eligible classification for Trinity County employment and who is a qualified veteran as defined in Section 2.60.130, shall receive credit of an additional five grade points to be added to the final examination score except that a "disabled veteran" as defined in Section 2.60.130, shall be entitled to ten grade points to be added to the final examination score. 2. Veterans' preference shall apply only to full-time open entry-level employment lists and shall not affect the order of eligibility of reemployment lists, or intradepartmental promotional lists or inter-departmental transfers . | ||
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3. Preference shall not apply to promotional examinations, qualifying examinations, or to any personnel transaction such as dismissals, transfers, or layoffs. G. Proof of Entitlement to Veterans' Preference Credit. 1. In order to claim veterans' preference in hi-ring, a certified copy of a discharge (DD-214) shall be submitted with the veteran's application on or before the final filing date for the recruitment. All copies shall become the property of Trinity County and will not be returned. 2. Veterans claiming veteran disability preference shall submit proof of the service-connected disability or medical retirement provided by the disability retirement or severance board from the service from which they retired or the U.S. Department of Veterans' Affairs. 3. Failure to apply for the veterans' preference credit on or before the final filing date shall constitute a waiver of the applicable credit. (Ord. 1255 §1, 2001; Ord. 1087 §1(part) , 1986)
2.60.130 Selection for employment. A. The personnel officer, in coordination with the appropriate appointing authority, shall be responsible for the determination and administration of selection methods for filling all positions and establishing whether an examination shall be conducted on a intradepartmental, inter-departmental, or open competitive basis. B. Examinations shall measure knowledges, skills and characteristics validly required for the successful performance of duties of a particular class or classes. The personnel officer may use such forms and methods in examining as may be appropriate for the class, including one or a combination of any of the following: 1. Evaluations of training and/or experience. 2. Written examinations. 3. Oral examinations. 4. Performance and/or simulated work sample examinations. 5. Medical examinations of health or physical condition were appropriate for the class. 6. Examinations of physical capabilities, psychomotor control or dexterity. 7. Ratings of past work performance and/or promotional potential. C. The personnel officer shall establish such time limits, methods of recording answers, regulations for admittance to examinations, policies on retesting and such other administrative procedures as deemed appropriate for each examination. D. The personnel officer shall take such measures as are necessary to ensure that uniform standards are maintained regarding instructions, procedures, and other test conditions to afford fair and equal treatment to all applicants for a given examination. E. Examinations may be administered at such time and in such places as are necessary and practical. F. The personnel officer may designate such qualified persons to administer examinations and serve as examiners and test monitors as may be practical and expedient. G. The personnel officer shall utilize professionally acceptable principles and methods in the development of the procedures for scoring, setting passing points, rounding fractions, converting and combining scores, and weighing examination components as necessary to ensure the final scores meet acceptable standards of validity and reliability. H. The personnel officer shall establish procedures and take such precautions as necessary to safeguard the security and confidentiality of examination materials and to ensure that equal opportunity to compete is afforded all applicants. I. Interviews and other examinations conducted by appointing authorities for the purpose of making final selection decisions from among candidates shall be job related. Appointing authorities may request the personnel officer to provide technical assistance in developing and administering such examinations. The personnel officer, in coordination with the Appointing Authority, may develop standards and procedures for the content and administration of final selection examinations. J. For the purpose of judicial or other review, the appointing authority shall provide, the personnel officer with records of candidates examined, dates, ratings, and other documentation of the results of final selection examinations. This information shall be kept on file at the county administrator's office for not less than twenty-four months. K. Appointing authorities shall give sufficient final selection consideration to an adequate number of the available candidates to provide for competitive selection and to insure the employment of relatively more qualified individuals to county service. The appointing authority shall be responsible for giving full final selection considerations to all eligible candidates. L. The personnel officer and/or the appointing authority may hold such supplemental interviews with applicants or make other such inquiries as they deem necessary. (Ord. 1087 §1 (part) , 1986)
2.60.131 Veterans' preference for employment,. A. Purpose. The purpose of this section is to provide employment assistance to veterans who served full time in the Unites States Armed Forces in time of national military emergency, or whose units were ordered to active duty by presidential order in time of state military emergency, or who have served in any military expedition of the Armed Forces. B. Definitions. For purposes of this section, the term "veteran" means any person who (1) during WWII (12-7-41 to 12-31-46), Korean War (6-27-50 to 1-31-55), and during the Viet Nam Era Conflict ( 8-5-64 to 5-7-75 ) served on active duty for a period of more than one hundred eighty days and was discharged or released therefrom with other than a dishonorable | ||
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discharge; or (2) as a member of a reserve component under an order to active duty pursuant to Sections 672 (a) , (d) , or (g) ; 673 or 673 (b) of Title 10 (Armed Forces Code), served on active duty during which a campaign badge was authorized including Lebanon, Grenada, Panama (Operation Just Cause) and in Southwest Asia (operation Desert Storm/Shield), and was discharged or released from such duty with other than a dishonorable discharge; or (3) during peacetime for which service a campaign or expeditionary medal (includes the same campaigns/expeditions listed above) was authorized by the Government of the United States, and was discharged or released from such duty with other than a dishonorable discharge; or (4) was discharged or released from active duty because of a service connected disability notwithstanding period of time served. For the purpose of this section the term "disabled" shall be defined as the service-connected disability of a "veteran" as that term is defined hereinabove, rated as having a thirty percent or greater disability by the U.S. Department of Veterans' Affairs. The term "disabled" shall also include a "veteran" as defined above, who has a medical retirement from the military service. Such person shall be required to submit discharge documents as required herein below, together with the proof of the required service-connected disability status rating. C. Implementation. 1. Eligibility lists will be compiled and completed based upon final examination scores which have included all applicable veterans' preference credits. Thereafter, normal certification procedures shall be followed by the personnel department. 2. The county's personnel department shall be responsible for developing the necessary procedures to implement this section. D. Eligibility for Veterans' Preference Points. 1. In order to be eligible for the granting of veterans' preference credit, application by a qualified veteran for Trinity County employment may be made at any time after discharge, separation or release of the applicant from active military duty. 2. Veterans' preference points shall only be applicable at initial entry to county service and shall only be open in full time entry classifications. The county's personnel department shall identify such classifications. Only "unemployed" and "underemployed" veterans shall be considered for preference points if they are otherwise qualified. The definition of underemployed shall be the same as used by the state employment development department and describes individuals who are working below their capacity as determined by the county personnel department, or working less than full time, or have received notices they will be unemployed because their skills are becoming obsolete. Also, it includes persons working part time who desire full time work and individuals who involuntarily worked less than a full year during the preceding twelve months. Persons working essentially full time in occupations which pay less than poverty level incomes may be considered to be working at less than their skill capacity if they are deemed capable by the county personnel department of performing at a higher skill level. Specifically to be included as "underemployed" are service personnel about to be discharged who have no apparent civilian job in sight . 3. Veterans who have retired from the military service and are eligible for service retirement are not eligible for veterans' preference points, except for those veterans who are "disabled" as defined in Section 2.60.130 (N) . (Ord. 1255 §2, 2001)
2.60.140 Probationary period. A. The probationary period shall be regarded as an integral part of the selection examination process and shall be utilized for evaluating the newly hired or promoted employee's work abilities and performance. B. Every peace officer employed in the district attorney's office and the sheriff's department shall satisfactorily complete a probationary period of not less than twelve consecutive monthly pay periods pursuant to Title 11, Chapter 2, Section 1004 of the California Administrative Code. Except as described in subsection (B) (1) of this section, all other county employees shall satisfactorily complete a probationary period of six consecutive monthly pay periods. 1. All deputy probation officers and juvenile counselors employed in the probation office, all deputy marshals employed by the courts, and all deputy district attorneys employed in the district attorney's office shall satisfactorily complete a probationary period of not less than twelve consecutive monthly pay periods. C. A newly hired employee may be discharged at any time during the initial probationary period when the individual's work performance is found not to meet the required standards for the position or for any other job-related reason. The appointing authority shall provide proper notification to the employee and a separation report to the personnel officer. D. An employee shall attain permanent status after completion of the applicable probationary period and appropriate performance evaluation report by the Appointing Authority. E. An employee who is promoted shall serve a six consecutive monthly pay period probation in the higher classification, except employees promoted to peace officer classifications and employees promoted within deputy probation officer, juvenile counselor, deputy marshal, or deputy district attorney classifications, who shall serve a twelve consecutive monthly pay period probation. F. During a probationary period an employee who had permanent status in a lower class, shall be regarded as still having permanent status in that class. G. If an employee's performance does not meet the required standards for the class in which the individual was promoted, the employee shall have the right, in lieu of termination, to voluntarily demote back to the former class in which permanent status is held, if the classification still exists in the department. H. A promoted employee shall attain permanent status upon completion of the applicable probationary period and | ||
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upon completion of appropriate performance evaluation reports by the appointing authority. I. When an employee takes leave in excess of thirty calendar days while serving any probationary period, the period of probation shall be extended accordingly. (Ord. 1222 §1, 1998; Ord. 1143 §1 (part), 1990; Ord. 1087 §1 (part), 1986)
ARTICLE IV. ELIGIBILITY REGISTERS
2.60.150 Establishment of registers. A. The personnel officer, when necessary, shall establish and maintain registers of applicants who have passed required examinations and/or have otherwise been determined to be eligible for specific classes. Such registers shall contain at least the following information: name of eligibles, examination scores, if applicable, and the geographical areas in which eligibles are willing to work. B. Where an adequate employment register is not available for a classification, the personnel officer may certify the names and scores of eligibles from a related class register. C. An eligibility register shall be effective from the date on which it is approved by the personnel officer. D. All eligibility registers shall be valid for twelve months unless otherwise extended or shortened by the personnel officer, in which case notification will be sent to those individuals on the register. E. If there are four or less names on any eligibility register, the personnel officer may consider that list to be exhausted . (Ord . 1087 § 1(part) , 1986)
2.60.160 Merging eligibility registers. A. The personnel officer may supplement an eligibility register for a class whenever it is deemed necessary, or upon request of the appointing authority. B. When a supplemental eligibility register is merged with an existing register, names shall be placed on the new register according to highest scores. C. Persons whose names appear on a merged register shall retain eligibility until the date the original register will expire subject to the provisions outlined in Section 2.60.180C of this chapter. (Ord. 1087 §1(part) , 1986)
2.60.170 Placement on registers of previous employees and eligibles not hired. A. Any person previously employed in a permanent position by the county, who separated in good standing, shall have the right to placement on a register for the same class in which previously employed with that previous employee's most recent examination score, provided that: 1. The previous employee submits a new application form which is approved, pursuant to the current application procedures. 2. The minimum qualifications for the class have not changed requiring additional qualifying training or experience since the employee's last appointment to that class. 3. Examinations, scoring procedures and passing points for the examination for that class have not changed since the previous employee was last examined for that class. 4. It has not been more than eighteen months since the previous employee's separation from employment in that class. B. Employee's voluntarily seeking consideration for appointments, including promotions, transfers and reappointments to positions in classes other than that of their currently held position, shall submit applications, meet minimum qualifications and pass any required examinations prior to placement on any register. C. Current employees voluntarily seeking consideration for a lateral. transfer from one department to another while remaining in the same classification, may waive examination if approved by the appointing authority. D. Any person who has been previously placed on any register and not hired from that register and whose term of eligibility on the register has expired may, at the discretion of the personnel officer, be placed on the new register for that class without re-examination provided that: 1. The individual submits a new application approved according to the current application procedures; 2. The minimum qualifications for the class have not changed since the individual was first placed on the register; 3. Examinations, scoring procedures and passing points for the class have not changed since the individual was last examined for the class; and 4. It has not been more than eighteen months since the individual was last examined for the class. (Ord. 1087 §1(part) , 1986)
2.60.180 Removal of eligibles from register. A. Eligibles may be removed from registers by the personnel officer for any reason listed in 2.60.120E of this chapter, or for any of the following reasons: 1. The eligible has failed to provide notice of any change of name, address, telephone number, or of any information which would affect qualifications for the class; 2. The eligible has failed to respond within the prescribed time limit when an attempt has been made to contact the individual in writing at the last known address; | ||
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3. The eligible has failed to appear for a previously scheduled final selection examination; 4. The eligible has been on the register for over twelve months; 5. The eligible has failed to pass any phase of a final selection examination; 6. Upon notice from the eligible that the individual no longer desires consideration for an appointment; 7. The eligible has failed to respond within a reasonable time to any inquiry to determine if the individual desires continued consideration for an appointment; 8. The candidate has refused an offer of appointment to a given class in a location, and meeting other conditions of availability previously indicated; 9. The eligible has been appointed from the register; 10. The eligible has been appointed to a higher paying class, unless the individual has specifically requested to remain on the register for the lower paying class; or 11. Upon failure, without good cause, of an appointed candidate to report for duty on the date agreed to by the candidate and the appointing authority. B. Whenever an eligible has provided information on an application form or otherwise submits a statement restricting the geographical areas, types of appointment, or other conditions relative to availability for, or willingness to accept an appointment, that eligible shall not be considered to be available for certification or consideration for vacancies which do not meet the conditions of indicated availability. C. The personnel officer shall have the authority to abolish a register or require reapplication and/or reexamination of eligibles on a register when: 1. The minimum qualifications for the class have changed; 2. Positions having that classification no longer exist in the county service; 3. Examinations, scoring procedures, or passing points have been changed since those eligible were placed on the register; or 4. For other reasons involving the adequacy of the register in meeting current needs. (Ord. 1087 §1(part), 1986)
ARTICLE V. CERTIFICATION AND APPOINTMENT
2.60.190 Authorization to fill vacant positions. A. When a vacancy in an authorized position occurs, or is about to occur, the appointing authority shall notify the personnel officer in writing giving details as to the position, classification, individual terminating, termination date, and desire to refill the position. B. The personnel officer shall review the request and consult with the appropriate appointing authority. If it is determined by this review that the position should be filled as currently classified, the personnel officer shall authorize recruitment. If it is determined that the position not be filled as currently classified, the personnel officer shall make an appropriate recommendation to the board of supervisors for their review. The personnel officer shall notify the appointing authority that such decision may be appealed to the board of supervisors. (Ord. 1087 §1(part), 1986)
2.60.200 Procedure for filling vacant positions. A. When a vacancy is to be filled, the personnel officer shall provide the appointing authority with a referral certificate of candidates and their applications for final selection consideration. Appropriate recruitment activities shall be taken prior to any certification or referral of candidates to the appointing authority. B. Unless otherwise specified by the personnel officer, the candidate group referred shall consist of all those eligibles certified to the register for the class of the vacant position by the personnel officer. Appointing authorities shall appoint and promote only from among those persons who are certified to them by the personnel officer. C. In cases where some eligibles can be reliably designated as being more qualified than others on the register, the personnel officer may limit the size of the candidate group referred. D. The appointing authority shall review and make final the selection subject to the provisions of this chapter. E. All applications submitted to appointing authorities for review must be returned to the personnel officer after examination along with the examination results, oral interview sheets, and any other materials used in evaluating candidates. F. The provisions of Section 2.60.190 and this section of this chapter are not applicable in the case of emergency appointments, involuntary reappointments, rein-statement of employees who have been separated within twenty-four months, or the time extended by the personnel officer, due to a reduction in force and appointment to permanent status following successful completion of probation. G. Requests to underfill a position assigned an alternate classification shall require prior approval by the personnel officer. When fully qualified persons cannot be recruited to fill a position at the highest classification within alternate classification levels as allocated by the board of supervisors within the salary schedule, the appointing authority may request approval from the personnel officer to fill the position at the lower salary range and classification. If approval is granted, the personnel officer shall notify the county auditor of such action. H. Where an employee has underfilled a classification authorized by the board of supervisors at a higher range and classification and the employee has some prior experience of the same type and level towards meeting the minimum qualification for the higher class, credit towards the higher class may be granted by the personnel officer upon written | ||
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request by the appointing authority. Credit shall be granted on a monthly basis, provided payroll information from previous employers showing actual hours worked is provided by the requesting department. (Ord. 1183 §4 (part), 1993; Ord. 1087 §1(part), 1986)
2.60.210 Limited certification. A. At the request of the appointing authority, the personnel officer may limit certification to current employees of the particular department, provided that such request is made prior to any certification for the vacancy. B. The personnel officer may limit certification to current county employees. If the appointing authority after interviewing those certified, determines that other candidates should be reviewed, the personnel officer shall provide a list of certified candidates solicited from the general public. (Ord. 1087 §1(part), 1986)
2.60.220 Preconditions to appointment. A. Except for emergency appointments, persons employed in or appointed to any position in the classification plan requiring permanent full-time or permanent part-time status shall possess substantially the qualifications of training and experience required for that classification as outlined in the class specifications. County employees holding positions at the effective date of this chapter shall be deemed qualified for the classifications to which they are as-signed. B. No appointments shall be made unless it has been determined that the individual is physically and mentally able to perform the duties of the class. This shall re-quire a candidate to satisfactorily complete a medical examination given at the county's expense prior to the onset of employment. C. The required medical examination shall be provided for department heads under the prescribed criteria. Additionally department heads, at their discretion may have annual physicals performed and up to one hundred fifty dollars over and above costs reimbursed by insurance shall be provided by the county for such physical. D. Prior to making a commitment to hire, the appointing authority shall be responsible for determining that the following conditions are met: 1. The person recommended for appointment is in the certified candidate group; 2. The person recommended for appointment meets the requirements of subsections A and B of this section of this chapter; and 3. The appointment does not conflict with the rules concerning employment of relatives, Section 2.60.290 of this chapter. (Ord. 1087 §1(part), 1986)
2.60.230 Preference in making appointments. It is the policy of the county to appoint the most qualified candidates to county service and to provide fair and equitable treatment to all candidates eligible for appointment. (Ord. 1087 §1(part), 1986)
2.60.240 Probationary, promotional and transfer appointments. A. All probationary appointments shall be made from eligibles on the appropriate register and in the candidate group. The appointing authority shall appoint, subject to authorization by the personnel officer, the most qualified candidate from among those given final selection consideration, taking into account only valid factors relevant to the requirements of the vacant position, including those knowledges, skills and personal characteristics not yet measured by previous examinations. B. All promotional appointments shall be made from among permanent and probationary employees on the appropriate register and in the candidate group. Promotions shall be made in such fashion as to encourage upward mobility within the county work force. C. Appointments may be made to vacant positions of persons presently employed in the same class without application and without regard to whether such employee is on the register for that class. All employees in a given class of positions shall be considered to be given a transfer appointment. Interdepartment transfers shall require the prior approval of both of the department heads concerned in writing to the personnel officer. (Ord. 1087 §1(part), 1986)
2.60.250 Provisional appointments. A. If only four or less available eligibles exist in the candidate group, a provisional appointment of an applicant not on the register can be made by the appointing authority upon approval of the personnel officer. Such provisional appointments shall last for a period of no longer than sixty days or until thirty days after an adequate register is established, whichever occurs first. The personnel officer may extend a provisional appointment far a period not to exceed sixty days when difficulty recruiting a sufficient number of applicants is encountered. B. Provisional appointments may be made only of those persons who have filed an official application and who have been approved by the personnel officer as meeting minimum qualifications for the class. C. Persons who have been provisionally appointed may be given a subsequent probationary appointment only after the following conditions are met: 1. The provisional appointee is certified to the register and is among the candidate group; and 2. Only after other candidates have been considered in a competitive fashion and the appointing authority determines the provisional appointee is the most qualified from among those given final selection consideration. (Ord. 1087 §1 (part), 1986} | ||
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2.60.260 Extra help and emergency appointments,. A. Appointments of candidates to provide additional help above that provided by regular permanent positions may be allowed, provided adequate funds are available for this purpose in a department's budget. B. The classification for such extra help employees shall be determined by the personnel officer based on the department head's request and duties assigned the position. C. The maximum duration of employment for all extra help appointments shall be six months. Where the hiring authority demonstrates a compelling need to retain an individual on an extra help status, the personnel officer may authorize the extension. D. Emergency appointments may be made by department heads, upon approval of the personnel officer, of persons not on registers when a situation exists which is critical and essential to the department or when an emergency threatening public health, safety or welfare exists requiring the immediate employment of additional personnel. If the personnel officer is not immediately available for notification and approval, the department head may make immediate appointment provided notice is given upon the personnel officer's first available work day. An official application for the person or persons appointed must be submitted within five working days from the date of appointment accompanied by a statement showing cause for the emergency appointment. Emergency appointments shall not exceed thirty days. (Ord. 1183 §4(part), 1993; Ord. 1087 §1(part), 1986)
2.60.270 Underfilling, appointment of department, heads and emergency appointments, A. The board of supervisors, in coordination with the personnel officer, shall establish the procedures for the appointment of department heads and county officials where appropriate under law. B. The board of supervisors, in coordination with the personnel officer, shall establish the procedures for the appointment of department heads where appropriate under law. The following department heads shall be appointed according to the listed terms and conditions: 1. The chief probation officer shall be appointed by the presiding judge of the superior court. Deputy probation officer may be appointed by the chief probation officer with approval by the presiding judge of the superior court. Court executive officer, court reporter and marshal are appointed by and serve at the pleasure of the presiding judge of the superior court. 2. Chief building inspector, counseling center director, county administrative officer, director of emergency services, director of transportation, general services director, health officer, librarian, and planning director serve at the pleasure of the board of supervisors, with thirty days written notice of termination. 3. County counsel and sealer of weights and measures shall be appointed by the board of supervisors. 4. Director of health and human services/public guardian is appointed by the county administrative officer with approval by the board of supervisors and serves at the pleasure of the county administrative officer with thirty days written notice of termination. 5. The hospital administrator shall be appointed by, and serve at the pleasure of, the hospital board of directors as defined in the California Code of Regulations, Title XXII, Article 7, Section 70701(2). (Ord. 1226 §1, 1999; Ord. 1183 §4 (part), 1993: Ord. 1152, 1991; Ord. 1143 §1(part), 1990; Ord. 1087 §1 (part), 1986)
2.60.280 Personnel and payroll notification, A. Upon an offer and acceptance of employment, the appointing authority shall forward a payroll personnel farm for the successful candidate to the personnel officer at least three working days prior to the employee's first day of work, or no later than one working day following the acceptance of employment when the first date of employment is less than three working days prior to the date of acceptance. (Ord. 1087 §1 (part), 1986)
2.60.290 Nepotism, A. Appointing authorities, department heads, or any person having influence over the appointment, dismissal or promotion of persons on behalf of the county, within their department, shall not appoint or promote any person who is related to them whether by blood or marriage. B. For purposes of this section, "related whether by blood or marriage" is defined as follows: the spouse, child, step-child, daughter-in-law, son-in-law, parent, step-parent, mother-in-law, father-in-law, sister, brother, step-sister, step-brother, sister-in-law, brother-in-law, grandparents, grandchildren, or any other person living in the individual's household or primarily supported by the individual having appointing authority, department head status, or person having influence over the appointment, dismissal or promotion of persons on behalf of the county within their department. C. Appointing authorities may appoint or promote persons within a department who are related to each other whether by blood or marriage only if: 1. They are not supervised by the same person; 2. One relative is not responsible for the supervision, performance evaluations or the initiation of disciplinary actions on the other relative; 3. They are appointed and employed in distinctly separate work stations, offices, or organizational divisions; 4. In the course and nature of their work, neither employee is faced with a conflict of interest with regard to family duty and duty to the department; 5. The individual being considered for appointment or promotion is not related to the department head, chief assistant, assistant deputy, chief deputy, manager, top supervisor or any individual with appointing, promotional, dismissal, or disciplinary influence over that person within the department. | ||
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D. Requests to deviate from the provisions of subsection B of this section due to unusual circumstances, shall be submitted in writing to the personnel officer and shall include the following information: 1. The name and addresses of the persons concerned; 2. Their class, title, division, section and work units; 3. Work location, including city, building and room; 4. The name of immediate supervisors and subordinates . E. The personnel officer shall review the request and make a recommendation to the county administrative officer based on such relevant factors as agency reporting relationships, work location, function of the work system, and any other factors having a valid bearing on the accomplishment of the program goals and/or a potential job performance of current employees and the related persons involved. F. The county administrative officer will make a final decision to approve or disapprove the request based on the personnel officer's recommendation and the best interests of the county. G. The provisions of this section shall not apply to those employees who at the date of adoption of the ordinance codified in this section are in violation of the provisions outlined in this section. However, the provisions shall be applied in all subsequent cases involving the appointment or promotion of county employees and in cases involving marriage of a county employee. (Ord. 1154 §1, 1991; Ord. 1087 §1(part), 1986)
ARTICLE VI. SEPARATION
2.60.300 Resignation, A. An employee intending to voluntarily separate from county service shall submit notification to the immediate supervisor specifying the effective time and date of intended resignation. Such notification should be provided as far in advance as possible. B. A resignation shall be effective on the date specified in the employee's notification. If an employee fails to provide notice, the effective date of resignation shall be the date provided the personnel officer by the appointing authority. C. An employee, after having provided notification pursuant to subsection A of this section wishing to change the effective date or rescind the notice, may be allowed to do so at the discretion of the department head, provided that no vacancy announcements or notices for the anticipated vacancy have been released or recruitment has otherwise been undertaken by the personnel officer. In the event of unusual circumstances, at the discretion of the department head and the personnel officer, an employee may be allowed to change the effective date or rescind the notice subsequent to onset of the recruitment. (Ord. 1087 §1(part), 1986)
2.60.310 Abandonment of employment, A. Any employee who fails to provide notification of absence and is absent for twenty-four consecutive working hours within the normal work week without being on authorized sick leave, authorized vacation, authorized compensatory leave, or authorized leave of absence, shall have automatically resigned employment with the county. Consecutive working hours shall be prorated for those employees working less than a full-time schedule, based on the percentage of time worked. Nothing in this section shall prevent an appointing authority from suspending or discharging an employee on account of an unauthorized absence. B. Any employee terminating employment in the matter provided by this section shall be held to have left county service by resignation. C. The automatic resignation provided in this section may be rescinded by the department head if such employee presents satisfactory reasons far the absence in writing within five days of the effective date of automatic resignation and provided that no vacancy announcements or notices for the anticipated vacancy have been released or recruitment has otherwise been undertaken by the personnel officer. (Ord. 1087 §1(part), 1986)
2.60.320 Termination of employment, A. When a county employee is terminated by resignation, dismissal or other cause, the appointing authority shall file a payroll/personnel farm reporting separation and an exit interview for unemployment insurance purposes with the personnel officer. B. These forms shall be filed with the personnel officer immediately, but in no case later than two working days following notification of termination. C. The personnel officer shall review the documents and forward a copy to the county auditor/controller. (Ord. 1087 §1 (part), 1986)
2.60.330 Reduction in force. A. General. 1. Whenever it becomes necessary, due to lack of work, lack of funds, or other economic reasons, or because the necessity for a position, work unit or department no longer exists, or that it is otherwise determined that a reduction or elimination of services performed by any or all positions within a department is needed the employee holding such position or employment may be transferred, demoted or laid off. 2. A department head may initiate a lay off for reasons cited in subdivision 1 of this subsection by advising the | ||
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personnel officer of the number of positions, classifications, department work unit or division involved, the geographic location if applicable, and effective date. The personnel officer shall establish a seniority list to deter-mine which employee or employees are to be laid off and shall, in writing, inform the department head and affected employees. However, before any layoff within an affected department occurs, the department head may make available reduced hours of work to employees within said department, work unit or division. To propose this option, the department head shall prepare a schedule which reflects the reduced working hours for a period of one year or until lay-offs are no longer necessary. The department shall advise the personnel officer of the proposed option of reduced hours of work. Said option shall be presented to the association by the personnel officer. Such schedule, if agreed to in writing by the association, shall be binding upon the employees represented by the association. In the event the Association within ten calendar days does not agree to accept the reduced hours of work set forth in the proposed option, the department head shall, in lieu of implementing such schedule, effectuate the necessary layoff or layoffs in accordance with the provisions of this article. 3. Those departments covered by Merit System Personnel Standards of the California State Personnel Board shall be obligated to adhere to the reduction in force policies and procedures established by the State Personnel Board. 4. No provisions of these sections shall be deemed to preclude the authority of the board of supervisors to modify or eliminate classes, work units or departments. B. Order of Layoff. If reduction in force separations are implemented, the criteria below shall be followed: 1. The order of layoff by classification shall be: a. Emergency. b. Extra Help. c. Probationary. d. Permanent. 2. The order of layoff of employees in the above categories shall be determined by seniority within the classification and the department. a. Seniority shall be determined by the actual number of months worked by an employee within the classification affected by the layoff. b. Vacation leave, sick leave and disability leave shall be counted as time worked in calculating seniority. c. Whenever an employee has a prior break in service, seniority credit shall be based on the most recent employment. Provided, however, employees separated due to a reduction in force who are reinstated within two years of layoff, or within the time extended by the personnel officer, shall be granted credit for those compensated periods prior to the reduction in force separation(s). d. Seniority credit shall not be granted for those periods an employee is on leave of absence without pay in excess of thirty calendar days consistent with the provisions of the personnel ordinance, layoff or other periods of uncompensated leave. e. Seniority credit shall not be granted for those periods when an employee is on extra-help status or is otherwise not occupying a permanent position. f. Employees having worked in non full-time permanent positions shall have their seniority reduced by the percentage of full-time work normally assigned. 3. When two or more employees have the same total seniority, the tie shall be broken and preference given in the following sequence: a. Employees with the greatest total county seniority. b. Employees whose names are drawn by lot by the personnel officer. C. Notification of Layoff. The personnel officer shall issue a written notice to each employee affected by a layoff at least fourteen calendar days prior to the effective date of the action. A copy of the written notice shall be sent to the employee's work site and the appropriate bargaining unit representative. Upon written request within seven calendar days after the notice is given the representative shall be afforded an opportunity to meet with the appropriate county representative (s) and confer on matters within the scope of representation. D. Demotion or Transfer in Lieu of Layoff. Demotion or transfer to specified classes shall be applicable only within the department of layoff, except as provided in sub-section C of this section. 1. In the event of layoff, any employee so affected may elect to demote or transfer to: a. Any position held by an employee with less seniority in a class with substantially the same or lower maximum salary in which the layoff employee held permanent status. For purposes of this section, seniority shall mean continuous county service in the same and higher related classification. b. Any position in a class with substantially the same or lower maximum salary in the same line of work as the class of layoff, as designated by the personnel officer. For purposes of this section, seniority shall mean continuous county service in the same and higher related classification. c. Any vacant position with a lower maximum salary in which the demoting employee meets the minimum qualifications established for the position as determined by the personnel officer. Employees placed in a position through this provision must demonstrate competency during thirty day probationary period. d. An employee with greater seniority may not transfer or demote to those positions, as designated by the personnel officer, which require special or unique qualifications including but not limited to: male only classifications, female only classifications, bilingual classifications, unless the transferring or demoting employee possesses those special or unique qualifications. 2. To be considered for demotion or transfer in lieu of layoff, an employee must notify the personnel officer in writing | ||
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no later than seven calendar days after receiving the layoff notice. 3. Any employee thus displaced may likewise demote or transfer to a lateral or lower class in accordance with the provisions of this article. 4. An employee who voluntarily demotes to a position with a lower pay range shall receive either the same pay rate if the pay rate appears in the pay range for the lower class, or the nearest lower applicable rate. E. Reinstatement. An employee's name shall be maintained on a reinstatement eligibility list for a period of twenty-four months. Provided however, the personnel officer may extend the reinstatement eligibility list beyond the twenty-four-month period. 1. The county personnel officer shall establish a reinstatement eligibility list for each classification affected by layoffs. Such lists shall contain the names of permanent employees who have been laid off or demoted in lieu of layoff and any employees who have requested rein-statement to the classifications in which they have previously held permanent status. Employees laid off shall be instructed in writing on requesting reinstatement. 2. Laid-off employees may request reinstatement to all classifications in which they have previously held permanent status and to lower and lateral classifications with the same or similar duties as designated by the personnel officer. The names of persons laid off from a classification in accordance with the provisions of this article shall first be placed upon the reinstatement eligibility list in the inverse order of separation. The names of other persons requesting reinstatement to the classification shall next be placed on the list in order of their seniority as calculated in subdivision 2 of this subsection. Except as otherwise provided herein, an employee's name shall be maintained on a reinstatement eligibility list for a period of twenty-four months. 3. In the event a person refuses an offer of.reinstatement to the geographic location in which the layoff occurred, such person's name shall be removed from all rein-statement eligibility lists, except lists for higher classifications than the one in which the reinstatement is being refused. 4. In the event a person accepts reinstatement to a lower classification than the one from which he/she was laid off, such person's name shall remain on all reinstatement eligibility lists for higher classifications but shall be removed from all lists for lower classifications. 5. A person who is reinstated to the classification which is the highest classification to which he would have been entitled at the time of his/her layoff, shall have his/her name removed from all reinstatement eligibility lists. 6. In the event of a vacancy, the county shall send written notice of the vacancy to persons at their last known address by postage prepaid, certified letter, return receipt requested, Said letter shall include a form on which the person may indicate his/her desire to accept or reject consideration for reinstatement, a self-addressed, stamped return envelope and notice of the time period in which the employee must respond and the effect of failure to respond. The person must mail to the county a written response to the written notice of vacancy within five working days of his/her receipt of the certified letter. If a person does not mail such written response, his/her name shall be removed from all reinstatement eligibility lists. 7. An employee whose name is on a reinstatement list may be considered for reinstatement in a department other than the layoff department, provided the outside department has not had a layoff in the vacant class of position. The personnel officer will certify the entire layoff list of such eligibles in addition to departmental promotional list for such vacancies. Such reinstatement lists will include all eligibles from other departmental reinstatement lists from any equivalent class requiring substantially the same minimum qualifications, or higher classes in the same class series as a vacancy, who have expressed a willingness to accept reinstatement in the vacant position. 8. Employees laid off who are reinstated to a regular county position within twenty-four months from the effective date of layoff, shall be reinstated with seniority rights including time served toward annual merit increase. Such employees shall be credited with unused sick leave on accrual at the time of layoff and shall accrue vacation benefits at the rate established by prior seniority. An employee reinstated to the same classification or lower classification in the same class series in which permanent status was held at the time of layoff shall not be required to serve a new probationary period. An employee who had probationary status in a classification at the time of layoff shall be required to complete the remaining portion of the probationary period in that classification upon reinstatement. 9. Any person affected by the provisions of this article shall have the right to review with the personnel officer prior to layoff or demotion, said employee's seniority calculation which determined the employee's placement on the layoff list. (Ord. 1087 §1(part), 1986)
ARTICLE VII. POSITION CLASSIFICATION
2.60.340 Position classification plan. A. A position classification plan covering all county employees shall be established and maintained on a current basis by the personnel officer. The board of supervisors may, by a majority vote, create new classes, divide, combine, or abolish existing classes. B. The position classification plan shall consist of a list of all position classes currently in use by the county and a complete set of class specifications. 1. A class specification is a reference standard which serves to illustrate, define and characterize a group of positions comprising a classification. Class specifications are designed to depict the kinds of positions which may be properly allocated to a classification. The task content of a class specification is not intended to be, nor shall it be construed as | ||
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being all inclusive, restrictive or precisely descriptive of the duties and responsibilities of any particular position within the classification. 2. The personnel officer shall prepare and maintain class specifications for each classification which shall contain the following information: a. Classification title; b. Definition and general description of the class; c. Examples of typical tasks performed; d. Minimum qualification standards; e. Knowledges, skills and abilities required for satisfactory performance in the classification; f. Any other information considered by the personnel officer to be necessary. (Ord. 1087 §1(part), 1986)
2.60.350 Position information. A. The personnel officer has the responsibility and authority to obtain any information necessary for use in the position allocation process. In obtaining position information, the personnel officer shall utilize such data collection methods as determined appropriate. As necessary, data collection of position information may include the study of relationship with other positions, tasks performed in other positions, organizational structures, program goals and other factors which relate to the allocation of the position involved. B. Department management and employees shall cooperate with the personnel officer in the collection of position data by providing access to work areas, making employees available, and otherwise facilitating the data collection process by responding to specific requests and volunteering other information that may have a bearing on the position allocation. C. Only official class titles shall be used to designate a classification or the classification of positions in all personnel, payroll and budget correspondence, forms, reports, records and other documents involving personnel .administration matters. (Ord. 1087 §1(part), 1986)
2.60.360 Position allocation and reallocation. A. The board of supervisors shall have sole authority to allocate and reallocate positions as they are found to exist in the work unit. B. The personnel officer when reviewing allocation and reallocation requests shall: 1. Review existing classes to identify the class which most adequately embraces the major characteristics of the position to be allocated or reallocated, if such a class exists, and discuss the position with the appropriate super-visor and/or department head. 2. Consider relevant position characteristics in respect to the position, such as: a. Tasks assigned to the position; b. Work objectives and purposes of the position; c. Levels of authority and responsibility involved in the position; d. Exercise of discretion and judgment required by the position; e. Supervision of the position; f. Management of work processes and programs; g. Types and levels of knowledge and skill required for satisfactory performance; and h. Typical types and minimum levels of training and/or experience required for acceptable performance upon appointment to the position. 3. Discuss the matter with the appropriate department head and the employee's bargaining unit representative of the appointed bargaining unit when a position is being considered for downgrading. C. The information as outlined in subsection B of this section of this chapter shall be presented to the board by the personnel officer for consideration and approval by a majority vote. D. Upon completion of the position allocation or real-location process, the personnel officer shall provide notification to the appropriate department of any changes in classification. E. Upon reallocation of a filled position, the incumbent must submit evidence of qualifying experience and/or education to the personnel officer within five working days after notice of the reclassification in order to remain in the new class. F. The effective date of an allocation or reallocation shall correspond with the first pay period following approval, or on the date specified by the board of supervisors. G. Nothing in this section shall be construed to limit the authority of the board of supervisors to allocate and reallocate positions as they see fit and to follow such procedures as they deem appropriate. (Ord. 1087 §1(part), 1986)
2.60.370 Classification system maintenance. A. The personnel officer shall conduct position audits as necessary to ensure that the position classification plan is maintained on a current basis. B. Department heads may request a review of a current allocation whenever permanent and substantial changes to a position have occurred to the extent that the position has become significantly different in nature than it was when last allocated. Such requests shall include the position classification, current incumbent and the nature of changes in the responsibilities and duties of the position. C. If an employee, upon review of the class specification for the position occupied has reason to believe that the | ||
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position is not properly allocated, the employee may submit to the department management a written request for a review of the position's allocation. If the department head determines that a review of the allocation is warranted, such requests shall be made in accordance with the provisions of subsection B of this section of this chapter. In the event that the department head determines a review of the allocation is not warranted, the employee may then submit a request to the personnel officer for a final determination as to whether a review is appropriate. D. Upon receipt of a request for a review of a position allocation, the personnel officer shall evaluate the request and determine if a review of the position is justified. If an evaluation of the position is conducted, the procedures as outlined in Section 2.60.360 of this chapter shall be followed. (Ord. 1087 §1(part), 1986)
2.60.380 Establishing additional positions. A. When a department head feels additional permanent full-time and/or permanent part-time positions are needed to fulfill program objectives, a written request must be submitted to the county administrative officer stating the needs and reasons for the position or positions. B. The county administrative officer shall evaluate the proposal, request a thorough analysis of the program through the personnel staff and make an appropriate recommendation to the board of supervisors with the appropriate department head present, if the department head so desires. C. Based on the information provided, the board of supervisors shall, by majority vote, determine whether the request for additional positions will be approved or denied. (Ord. 1087 §1(part), 1986)
ARTICLE VIII. COMPENSATION
2.60.390 Compensation planGenerally. A. The schedule of salary ranges and steps and the alphabetical schematic list of classes and salary ranges as approved by the board of supervisors shall constitute the compensation plan applicable to all positions in county service. B. The compensation plan shall be maintained by the personnel officer and shall serve as a reference index for determining the compensation rates associated with a designated salary range. All salaries prescribed are monthly rates. For extra help and other positions where it is more appropriate to pay upon an hourly basis, the hourly rate of pay applicable to the salary range shall be shown in the schedule of salary ranges. C. Adjustments to the compensation plan shall be made on a periodic basis by the board of supervisors at their sole discretion. The board may consider such factors as level and responsibility of work performed, samples of prevailing rates for similar jobs paid by comparable and/or competing employers, cost of living, internal relationships between classes and other valid factors with respect to such adjustments. (Ord. 1087 §1(part), 1986)
2.60.400 Compensation planApplication. A. The salary schedules for each class as set forth with such amendments as may be adopted by the board of supervisors, shall have the force and effect of law. The salaries or rates of compensation prescribed are fixed on the basis of permanent fulltime service in permanent full-time positions, unless otherwise designated. The rates of gay prescribed shall be deemed to include pay in every form, except as authorized and incurred incident to employment, or as approved for by the board of supervisors by law, collective bargaining agreement, memorandum of understanding, or provided herein. When the provisions of coverage conflict with presently existing memoranda of understanding with a particular bargaining unit, the presently existing memorandum of understanding shall supercede and take precedence. B. The rate of pay of a county employer shall correspond with the letters A, B, C, D, E, F, and G respectively, which denote the various steps in the salary range. 1. The rate of pay upon appointment to a classification shall be at Step A of the assigned salary range, except as provided in Section 2.60.410 of this chapter. 2. Step A shall be paid for the first six pay periods of continuous employment for all permanent county employees working one-half time or more. Upon satisfactory performance at Step A, and completion of an appropriate performance evaluation by the appointing authority, the employee shall become eligible for an increase to Step B. 3. Permanent county employees except those classes represented by the Deputy Sheriffs' Association shall be eligible for increases to Steps C, D, and E, respectively, after satisfactory performance of twelve consecutive pay periods at the preceding lower step and completion of an appropriate performance evaluation by the appointing authority. Employees shall be eligible for advancement to the "F" step of their salary range upon completion of seven years continuous service and two and one half years at "E" step and completion of an appropriate performance evaluation. Employees shall be eligible for advancement to the "G" step of their salary range upon completion of ten years continuous service and three years at "F" step. Employees in classfications represented by the Deputy Sheriffs' Association shall be eligible for advancement to "F" step upon completion of five years at "E" step and eight and one-half years of county service. 4. If an employee begins work as a new hire on any day other than the first day of the monthly pay period, the date from which length of service shall be measured shall be adjusted to the first day of that pay period, or the first day of the next pay period, whichever is closer. C. All step increases shall be made on the basis of merit as established by employee job performance and upon approval of the department head. No step increases shall be given when less than satisfactory work, as documented by the employee's supervisor, is evident. | ||
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D. Whenever a permanent employee takes an authorized leave of absence in excess of thirty calendar days, the length of service in the current step shall be extended accordingly and a new anniversary date shall be established as provided for and in accordance with Section 2.60.420 of this chapter. E. Extra help employees shall be hired at Step A of the appropriate range for the class, except as provided in Section 2.60.410C of this chapter. F. No provisions of this section shall be deemed to preclude the authority of the board of supervisors to declare a moratorium on step increases. (Ord. 1143 §1(part), 1990; Ord. 1087 §1(part) , 1986)
2.60.410 Appointments. A. Advance steps for new hires and voluntary reappointments to permanent full-time and permanent part-time positions may be requested under the following provisions and conditions: 1. There is a demonstrated inability to recruit applicants at the entry level step as certified by the personnel officer. 2. Prior to the appointment of a new employee to a class or of a present employee seeking a voluntary reappointment, the department head shall make a written request to the personnel officer to establish compensation at a rate of Step B through E in the range assigned to the class when a candidate has training and/or experience beyond the minimum qualifications which is of the same type and level as that involved in the full and satisfactory performance in the class to which the candidate is being appointed. Such request shall follow prescribed procedures and provide sufficient documentation to enable the personnel officer to determine the eligibility for advanced steps. 3. This information shall be presented to the board of supervisors by the personnel officer, and when appropriate, the respective department head or a representative of the department shall be present. The board of supervisors, by majority vote, shall authorize appointment at a level above the entrance step of the appropriate range. B. Upon reinstatement of a previous permanent employee separated due to a reduction in force, or otherwise terminated in good standing, the compensation rate may be established at any step in the range for the class, upon approval of the personnel officer, provided that it shall not exceed the step occupied at the time of leaving county service and the class specifications for the classification have not changed. In cases involving reinstated employees separated due to a reduction in force, reinstatement shall be at the same step occupied at the time of leaving county service and the anniversary date of the employee shall re-main the same less the period of time while on layoff. C. Upon request of the department head, an extra help employee may be hired above Step A of the appropriate range, if such employee has had prior service in a permanent position in the same classification within the same department or if the individual is currently employed in a permanent position in the same classification in another county department. Such requests shall be made in writing to the personnel officer who will approve, disapprove, or modify the request based on the individual's training and/or experience and the needs of the county. D. The compensation for an employee receiving a promotional appointment to a permanent full-time or permanent part-time position shall be at the entrance step of the promoted class, or within five dollars of a five percent increase in the monthly salary, whichever is the greater. However, in no case shall the salary exceed the maximum step assigned to the promoted class. E. Prior to promotion, a department head may request approval to establish a compensation rate for a promotional candidate at a higher step in the range than that provided in subsection D of this section of this chapter. The pro-visions and conditions established in subsection A of this section of this chapter shall govern such requests. F. Anew anniversary date shall be established upon the promotion date of an employee. G. Disciplinary demotions shall be handled under the guidelines and procedures established under Article X of the county personnel ordinance. Upon disciplinary demotion, an employee shall be assigned to any step in the lower classification range which is at least five percent less than the salary received in the previous class. The employee shall lose all seniority rights in the previous class and the time served in the previous class shall be credited to the new class for the purpose of establishing seniority lists. All disciplinary demotions require approval by the department head. The personnel officer shall insure that disciplinary demotions are handled according to proper procedures. Anew anniversary date shall be established upon the effective date of demotion. H. If an employee transfers to a different position in the same class, or to a different classification with the same salary range, no pay adjustments shall be made and the individual's anniversary date shall remain the same. I. Upon involuntary reappointment, the employee shall continue to receive the same rate of pay if that rate corresponds with a step in the new range. If the employee's rate of pay does not correspond with a step in the range for the new class, then the employee's rate of pay shall be reduced to the nearest dollar amount in the new range. If the employee's pay, prior to the involuntary reappointment is above the maximum step in the new range, pay shall be established at the maximum step in the new class. Under no circumstances shall an employee receive a salary increase upon an involuntary reappointment. The anniversary date of an employee shall remain the same upon an involuntary reappointment. (Ord. 1087 §1(part), 1986)
2.60.420 Position reallocation and temporary assignments. A. If an occupied position is reallocated to a higher salary range and if the incumbent meets the minimum qualifications for the new class and remains in the position, the incumbent shall receive the entry level salary step or within five dollars of a five percent increase in the monthly salary, whichever is the greatest. However, in no case shall the new salary exceed the maximum step of the salary range for the classification. Anew anniversary date shall be established upon the date of reallocation. | ||
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B. If a position is reallocated to a classification with the same salary range, the salary and anniversary date of .the incumbent shall not change. C. If a position is reallocated to a class with a lower salary range and the incumbent's rate of pay does not correspond with a step in the new range, the salary shall be Y-rated. Any such "Y" rate shall be indicated with a capital "Y" following the salary on all personnel and payroll records and transactions. No salary increases, including cost of living increases, shall be given to incumbents occupying "Y" rated positions until such time as the "Y" rates are removed by adjustments to the compensation plan. "Y" rates shall also be cancelled upon the separation of an employee in the "Y" rated position. The anniversary date of an employee reallocated to a lower salary range pursuant to this section shall not change. D. When an employee is appointed to a temporary assignment, there shall be no change in pay during the first sixty calendar days of the assignment. If an extension is granted by the personnel officer and the salary for the .class is higher than the range for the class of the employee's regular position, the rate of pay during the extended period shall be at the first step of the assigned range for the classification or within five dollars of a five percent increase in the monthly salary, whichever is greatest. How-ever, in no case shall the new salary exceed the top step in the salary range for the classification. Time served as a temporary appointment shall be credited as continuous service in the individual's regularly assigned position. (Ord. 1087 §1 (part), 1986)
2.60.430 Salary surveys. A. A sampling survey of prevailing rates for similar jobs paid by comparable employers may be conducted from time to time. As necessary, surveys for particular classes or bargaining units may be con-ducted by the personnel officer. Employees shall not con-duct salary surveys on county time and equipment without the prior written approval of the personnel officer. If a department employee is authorized to conduct a survey under this section, the employee shall make arrangements through the appropriate department head. B. All adjustments based on data compiled from salary surveys shall require majority approval by the board of supervisors. Incumbents affected by such adjustments shall retain their same step and anniversary date in the new range. (Ord . 1087 § 1 (part) , 1986)
2.60.440 Step increases and sequence affecting pay adjustments. A. A department head, on an employee's step date, may grant a one step increase in salary provided that the employee's salary is not already at the maximum step in the range for the assigned class. Such step increases shall be granted only if the department head has determined that the employee's performance has been satisfactory since the last step date or since a probationary appointment, whichever is more recent. B. If an employee's performance has not been satisfactory, the department head shall provide written notification to the employee specifying the reasons that a step increase will not be granted. A copy of such notification shall be sent to the personnel officer. A denied step increase may be subsequently granted by a department head in accordance with established evaluation procedures. C. If two or more pay adjustments occur on the same effective date, such adjustments shall be made in the following sequence: 1. Adjustment to the table of pay rates. 2. Pay adjustments resulting from salary surveys. 3. Step increases. 4. Pay adjustments resulting from promotions, reappointments and position reallocations. (Ord. 1087 §1(part), 1986)
2.60.450 Compensation upon separation. Any permanent or probationary employee shall be entitled to compensation in lieu of accrued vacation leave upon separation. Payment of the compensation shall be in accordance with the regular monthly payroll cycle. (Ord. 1087 §1(part), 1986)
2.60.460 Overtime compensation. A. It is the policy of the county to avoid the necessity of overtime work whenever possible. When overtime work is necessary to provide county services, employees shall be compensated according to and at such rates as are specified by: 1. A duly ratified collective bargaining agreement between the county government and an organization representing the employees designated therein. 2. Policies, rules, and/or regulations promulgated by the personnel officer and ratified by a majority vote of the board of supervisors. B. The department head shall be responsible for the administration of this policy in accordance with the terms and conditions as set forth and approved. These responsibilities include, but are not limited to, the following items: 1. Distribution of policy to all management personnel on a periodic basis . 2. Discussion of policy with managers and supervisors to be certain it is properly understood and followed. 3. Authorization of overtime work to be performed by a deartment employee covered under this policy. 4. Insuring that adequate funds are available to compensate employees for overtime work. 5. Application of adequate control to insure that overtime work is not performed if such work has not been officially authorized. | ||
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C. Overtime shall be computed on the basis of actual hours worked in excess of employee's regular work week, to include time taken off for vacation, holiday, authorized compensatory time off, and/or authorized sick leave. For purposes of computing fractions of overtime hours worked, the time shall be computed to the nearest half hour. (Ord. 1087 §1(part), 1986)
2.60.470 Training expenses, travel time and payoffs. A. When an employee is required by a department to participate in an approved training course, the department shall pay for, or if applicable, reimburse the employee for the costs of such required training. Where travel is required to attend training sessions, reimbursement for incidental cost shall be covered under the county travel policy. B. All employees, except department heads and elected officials, shall receive full compensation for travel time from established working headquarters and return. The beginning and ending point shall be defined as the county facility where the employee is normally required to report to work. Home-to-work travel which is a normal incident of employment shall not be counted as travel time. C. Under exceptional circumstances and at the written request of both the employee and department head, the board of supervisors, by majority vote may approve compensation in lieu of vacation leave . D. An employee entitled to draw Worker's Compensation under the Labor Code of the State of California may elect to draw as much accumulated sick and/or vacation leave which will result in payment of full salary or wage. (Ord. 1087 §1(part) , 1986)
2.60.480 Pay periods and employment records. A. The pay period for each county officer, deputy, clerk, or employee of the county shall consist of a monthly period with salaries or wages paid on the last working day of the month. B. On or before the last working day of the month, the county auditor/controller shall draw a warrant upon the county treasurer in favor of each employee of the county for payment of the amount of salary or wage earned during that pay period or cause it to be deposited into an authorized financial institution, In cases where a pay day falls on a county holiday, the county auditor/controller is authorized to make payment on the last work day prior to the county holiday. C. In addition, the county auditor/controller and/or the personnel officer shall maintain the following records for payroll purposes: 1. A roster of employees, classifications, and salaries. 2. An individual file of each current employee containing a copy of the employee's original application, personnel action forms showing each change o f the employee's status, dates of service, positions held, salaries and wages received, leave earned and taken, and any other information related to employment. 3 . An individual file containing the information outlined in subsection 2 of this section for all terminated employees. In addition, personnel files for terminated employees shall also contain a copy of the employee's separation report. Terminated employee's files shall be kept for a period of not less than three years from the date of termination. D. The county auditor/controller, with the personnel officer, on matters relating to personnel, shall promulgate such procedures and regulations as necessary to implement the provisions of this section. (Ord. 1087 §1(part), 1986)
2.60.490 Group health insurance. A. To the extent that a group health insurance plan is provided, eligibility shall be limited to county employees occupying permanent positions which are at least fifty percent of full-time employment. B. Upon initial hire, the eligible employee shall be covered under the group health insurance plan effective the first day of the month following six months after the employee's first day of work. C. Department heads shall be eligible for health insurance coverage after thirty days of employment with proof of insurability. D. The county shall provide group health insurance at the amount, if any, provided in the current memorandum of understanding covering the affected employees. In the event an employee take a leave of absence, the affected employee shall be required to compensate the county for the full premium cost in order to remain covered under the group health insurance plan. Such benefit shall not extend beyond one hundred twenty days without board of supervisors approval. E. Employees wishing to change, drop, or reinstate group health insurance coverage shall be bound by provisions provided in the current memorandum of understanding and the policies and rules established by the insurance carrier. F. Nothing in this section shall be construed to limit the county's discretion in making group health insurance coverage changes or changing the level of contribution, nor shall this section be construed to require the county to provide group health insurance coverage. G. The county will continue to pay the amount provided for retired employees at the rates at the time of adoption of this chapter. Any increase shall be at the sole discretion of the board of supervisors. Nonretired employees may participate in the insurance plan as per state or federal requirements; provided, however, such participation shall be at the employee's expense. H . Prior to the appointment of an employee to a "difficult to recruit for" position, per Section 2.60.410, a department head shall make a written request to the personnel officer to provide early health care insurance. The coverage shall begin no sooner than thirty days following appointment. Such request shall follow prescribed procedures and provide sufficient documentation to enable the personnel officer to determine eligibility for early insurance coverage. This information shall be presented to the board of supervisors by the personnel officer for final action. | ||
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I. Prior to appointment of a "critical class" employee to permanent full-time or permanent part-time, the department head shall make written request for early insurance to the personnel officer who will make final determination on eligibility for early insurance. (Ord. 1151 §1(part), 1991; Ord. 1143 §1(part), 1990; Ord. 1087 §1(part) 1986)
ARTICLE IX. LEAVE
2.60.500 Leave. A. Vacation leave accrual base rates shall be determined by the amount of completed continuous service as follows: 0 through 59 pay periods 6.67 hours per pay period, which equals 10 days per year. 60 through 108 pay periods 10 hours per pay period, which is equal to 15 days per year. 109 through 168 pay periods 11.33 hours per pay period, which is equal to 17 days per year. 169 or more pay periods 13.33 hours per pay period, which is equal to 20 days per year. B. Monthly accrual rates for permanent employees shall be based on the number of hours of work normally assigned an employee as follows: 144 or more hours _ 100% of base rate 120 through 143 hours _ 75% of base rate 80 through 119 hours _ 50% of base rate 79 or less hours 0% of base rate C. Time elapsed while an employee is on any authorized leave, except leave without pay or suspension, shall be considered hours worked for the purpose of this section. D. Conditions regulating the use of vacation leave are as follows: 1. During the first fifty-nine pay periods of continuous employment, an employee may not accumulate more than one hundred ninety-two hours of vacation leave. Further, within a reasonable time prior to the date the maximum vacation limit is reached, the employee shall take vacation leave to reduce the number of vacation hours or, with the concurrence of the department head, the employee may request authorization from the board of supervisors to carry over vacation hours over the limit. 2 . After fifty-nine pay periods of continuous employment, an employee may not accumulate more than two hundred thirty-two hours of vacation leave. Further, within a reasonable time prior to the date the maximum vacation limit is reached, the employee shall take vacation leave to reduce the number of vacation hours or, with the concurrence of the department head, the employee may request authorization from the board of supervisors to carry over vacation hours over the limit. 3. After one hundred sixty-seven pay periods of continuous employment, an employee may not accumulate more than two hundred seventy-two hours of vacation leave. Further, within a reasonable time prior to the date the maxi-mum vacation limit is reached, the employee shall take vacation leave to reduce the number of vacation hours or, with the concurrence of the department head, the employee may request authorization from the board of supervisors to carry over vacation hours over the limit. 4. Department heads shall authorize the use of accrued vacation leave for employees under their supervision. In doing so, the department head shall be guided by the good of the county service, the operating needs of the work unit and the desires of the individual employee. 5. Eligible employees may utilize vacation after six months of continuous county service, pursuant to sub-division A of this section. E. Elective officers under bond shall not be subject to the provisions of this section. F. Prior to a department head taking vacation, where a class specification does not specifically set forth who is in charge during the department ,head's absence, the department head shall notify the county administrative officer and clearly define the line of succession in the department. Department heads may utilize vacation after thirty days of continuous county service . G. Where the provisions of this section conflict with presently existing memoranda of understanding, the memoranda of understanding shall supersede and take precedence. (Ord. 1245 §1, 2001; Ord. 1143 §1(part) , 1990; Ord. 1087 §1(part) , 1986 )
2.60.510 Professional leave. Appointed department heads, after one year of service, shall be granted one week of nonaccumulated professional leave. Said leave shall not be taken in any other year than in which it was earned nor can the leave be carried over or any other compensation be made to the employee in the event the leave is not taken during the earned year. (Ord. 1087 §1(part), 1986)
2.60.520 Sick leave. A. Accrual rates for employees occupying permanent positions which are at least fifty percent of full time shall be at the rate of one day per month, or major fraction thereof, based on the number of hours of work normally assigned an employee. B. Time elapsed while an employee is on any authorized leave, except a leave without pay or suspension, shall be considered hours worked for purposes of this section. C. An employee may accumulate up to a maximum of nine hundred sixty hours (one hundred twenty days). Fifty percent of accumulated sick leave will be paid off by county to employees terminating employment with the county; provided that the employee has at least ten years of continuous county service, and has not been terminated for cause. | ||
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D. Accrued sick leave may be used during scheduled work hours when an employee is incapacitated by sickness, maternity or injury, for medical, dental or optical examinations or treatment, or in the event of serious illness in the employee's immediate family, and for other such reasons as subject to the conditions outlined in 2.60.540 of the chapter, as it pertains to medical leave, or when an employee has been exposed to a contagious disease such that attendance at work could jeopardize the health of others . E. Employees who are unable to work for any of the reasons stated in subsection D of this section of this chapter shall notify their immediate supervisor as soon as possible of their absence or anticipated absence. If such notification is not given, the department head shall charge the absence to vacation leave or leave without pay, and may consider appropriate disciplinary action. F. The department head shall approve the use of sick leave only after having determined that the absence was for a legitimate reason as covered under subsection D of this section of this chapter. An employee may be required to submit substantiating evidence including, but not limited to a physician`s certificate. Nothing in this section shall preclude a department head from requiring a physician's certificate for illnesses or absences. G. Sick leave earned pursuant to this section of this chapter shall be available for use immediately upon accrual. H. Sick leave may not be taken when the sickness or disability was sustained while on a leave of absence without pay or suspension. I. All elected county officials shall be excluded from the provisions of this section. In addition, where any provisions of this section conflict with presently existing memoranda of understanding, the memoranda of understanding shall supersede and take precedence. J. For the purposes of this section, "immediate family" shall mean the employee's spouse, child, parent, sister, brother, mother-in-law, father-in-law, daughter-in-law, grandparents, grandchildren, or any other person living in the employee's household or primarily supported by the employee; provided however, it is understood that this section applies to the "significant other person in the household" and shall not apply to roommates, friends, or casual acquaintances . (Ord. 1240 §1, 2000; Ord. 1170, §1, 1992; Ord. 1143 §1(part) , 1990; Ord. 1087 §1(part), 1986)
,2.60.530 Holiday leave,. A. All the county employees occupying permanent positions shall be entitled to the following paid holidays: 1. New Year`s Day (January 1). 2. Martin Luther King's Birthday (third Monday in January). 3. Lincoln's Birthday (February 12). 4. Washington's Birthday (third Monday in February). 5. Memorial Day (last Monday in May). 6. Independence Day (July 4). 7. Labor Day (first Monday in September). 8. Columbus Day (October 9). 9. Veteran's Day (November 11). 10. Thanksgiving Day (fourth Thursday in November). 11. The day following Thanksgiving. 12. Christmas Day (December 25). 13. Any day proclaimed as a public feast, thanksgiving, holiday, or time of mourning by the Governor of California, or the President of the United States, and the county board of supervisors. B . When a holiday as defined in this section falls on a Saturday, the preceding Friday shall be observed as a holiday. When a holiday as defined in this section falls on a Sunday, the following Monday shall be observed as a holiday. C. Subsequent to completion of the probationary period, an employee shall be entitled to one personal holiday per calendar year. Personal holidays may not be accumulated from year to year and should an employee not elect to take a personal holiday, he/she shall not be entitled to any extra compensation. The employee shall provide five working days' notice in advance of personal holiday to employee's supervisor or department head. D. In order for an employee to be eligible for a paid holiday, the employee must be present at work or on an approved paid leave on the day before and the day after the holiday. Employees on a leave of absence or suspension are not eligible for holiday leave. E. Where any provisions of this section conflict with presently existing memoranda of understanding, the memoranda of understanding shall supersede and take precedence. (Ord. 1143 §1(part), 1990; Ord. 1087 §1(part), 1986)
2.60.540 Leave of absence without pay, A. Department heads with concurrence of the personnel officer may grant a leave of absence without pay to an employee for a period not to exceed ninety calendar days. B. Any leave of absence without pay which extends beyond thirty calendar days shall require a change in the anniversary date. used in computing the length of time between salary step increases and other benefits consistent with the provisions of Section 2.60.400 B for that time period beyond the initial thirty days. C. All leaves of absence extending beyond ninety calendar days shall require prior approval by the board of supervisors. D. When an intended leave of absence is for health or medical purposes, all sick leave, vacation leave and compensatory leave must be used before a leave of absence can be granted. For non-health and non-medical leaves of | ||
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absence, vacation leave and compensatory leave must be used. (Ord. 1087 §1(part), 1986}
2.60.550 Bereavement leave, A. Department heads may authorize the use of up to f ive days of earned sick leave to an employee attending or making arrangements for the funeral of an "immediate family" member. Authorization shall be in conformance with the provisions of Section 2.60.520 of this chapter. This period may be extended for reasons held to be sufficient by the employee's department head; provided, however, such leave shall not exceed ten days. B. Where insufficient sick leave is available to the employee for this purpose, compensatory leave and/or vacation leave may be granted. Where sufficient leave of this nature is unavailable, leave without pay may be granted in accordance with the provisions of Section 2.60.540 of this chapter. C. For the purpose of this section, "immediate family" shall mean the employee's spouse, child, parent, sister, brother, mother-in-law, father-in-law, daughter-in-law, son-in-law, grandparents, grandchildren, or any other person living in the employee's household or primarily supported by the employee. Provided however, it is understood that this section applies to the "significant other person in the household" and shall not apply to roommates, friends, or casual acquaintances. (Ord. 1087 §1(part), 1986}
2.60.560 Court leave. A. An employee required to serve as a member of a jury panel or as a witness in a criminal court case shall be granted leave with pay upon the remittance to the county of jury or witness fees, or upon the submission of evidence that such fees are waived. B. When an employee elects to use vacation or compensatory time instead of court leave, jury or witness fees may be retained. (Ord. 1087 §1(part), 1986)
2,60.570 Military leave A. Temporary military leave far short training periods shall be granted to employees who have at least one year of county service immediately prior to the effective date of the leave in accordance with the provisions of the State Veterans Code. B. Full salary or wage payment shall be made up to thirty calendar days in any fiscal year for such temporary military duty or training upon receipt of military orders. (Ord. 1087 §1(part), 1986)
2.60.580 Compensatory leave. A. At the employee's request, compensatory time off shall be approved by an employee's department head, or department head's authorized representative, provided that the employee provides a reasonable notice of the intended time off and only if such compensatory time off will not, in the department head's view, or in the authorized representative's view, unreason-ably impact the discharge of the department's duties, functions, and/or activities. B. In the event that overtime is authorized, an employee may decide to take payment at a rate of one and one-half hours for each hour worked or compensatory time off at a rate of one and one-half hours for each hour worked; provided, however, that if sufficient funds are not available in a department, the employee may be requested to work for compensatory time only. C. A department head or authorized representative may direct that earned compensatory time in excess of forty hours shall be taken within a sixty-day period. Nothing in this section shall preclude the scheduling of compensatory time at the mutual agreement of the employee and department head or authorized representative for a period beyond the sixty days; provided, however, this section shall not apply to those employees occupying classifications represented by the Skilled Trades Employees' Association. D. Department heads or authorized representatives may direct those employees occupying classifications represented by the Skilled Trades Employees' Association that earned compensatory time shall be taken by an employee for slack periods or for other such reasons deemed appropriate. Such direction shall required twenty four hours' notice to the employee and shall be applicable to employees who have available one hundred hours of. compensatory time or more. E. Effective January 1, 1981, earned compensatory time is to be accumulated on a calendar year basis only, and if not taken by the employee during the calendar year, the compensatory time shall be received by the employee with an automatic payment of any unused portion on the last payroll period of that year; provided, however, that the department head, with the concurrence of the employee, may authorize compensatory time carryover of up to forty hours of earned compensatory time from one calendar year to the next provided that such authorization is received by the county auditor by December 15th. F. Effective July 1, 1989, compensatory time and overtime for all management designated employees will be eliminated, pursuant to Department of Labor regulations. All management designated employees will receive a four percent salary increase effective July 1, 1989, and three days professional leave in lieu of compensatory time and/or over-time. Effective January 1st of each year thereafter, three days' professional leave will be credited each management designated employee, pursuant to Section 2.60.510. It is not the intent of this provision to routinely require management employees to work in excess of the normal work week, as defined under the county personnel ordinance. The elimination of compensatory time or overtime shall be subject to Department of Labor regulations. Employees occupying the following classifications of chief laboratory technologist, chief radiological technologist, clinical program chief, deputy probation officer III, and social services supervisor, shall be subject to overtime accrual as provided herein. The above classifications when | ||
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assigned standby and are called to work shall be compensated in accordance with Sections 2.60.460 and 2.60.580 at their regular rate or at time and one-half, whichever is applicable under current county policy for each half-hour or major fraction thereof (Ord. 1143 §1(part), 1990; Ord. 1087 §1(part), 1986)
2.60.590 Application of leave policy to extra help. A. All extra help shall not accrue or receive holiday leave, sick leave, vacation leave or compensatory leave. B. Department heads may authorize time off for extra help at their discretion. (Ord. 1087 §1(part), 1986)
2.60.600 Procedures governing leave policy. A. The personnel officer with the cooperation of the auditor/controller shall establish such procedures and maintain such records as necessary to administer the provisions outlined in this chapter. B. Where provisions of this section conflict with presently existing memoranda of understanding with particular bargaining units, the presently existing memoranda shall supersede and take precedence. (Ord. 1087 §1(part), 1986)
ARTICLE X. DISCIPLINARY PROCEDURES
2.60.610 Authority and cause for discipline. A. An appointing authority may, for cause, impose discipline on an employee occupying a permanent position. B. Employees may be disciplined for any cause including, but not limited to: 1. Omission or willful misrepresentation of a material fact or other fraud in securing employment; 2. Incompetence; 3. Inefficiency; 4. Inexcusable neglect of duties; 5. Insubordination or willful disobedience; 6. Dishonesty; 7. Improper use of drugs, including: drunkenness on duty; use of drugs while on duty; incapacitation for proper performance of duties by prior use of drugs. The term "drugs" shall mean controlled substances as defined in Division 10 (commencing with Section 11000) of the California Health and Safety Code and shall also mean alcohol; 8. Unexcused absence from duty, abuse of sick leave or excessive absenteeism; 9. Conviction of a felony or a misdemeanor involving moral turpitude; 10. Inconsistent, incompatible or conflicting employment, activity, or enterprise; 11. Violation of a departmental rule or county policy or regulation; 12. Failure of good behavior off duty constituting criminal misconduct which is of such a nature that it causes discredit to the department or the county; 13. Failure of good behavior during duty hours which is of such a nature that it seriously discredits the department or the county; 14. Misuse, neglect or willful damage to public property or waste of supplies or equipment; 15. Violation of the provisions of the memorandum of understanding, including work stoppage, sick out, slow down, unlawful strike, or other job actions, as defined in the memorandum of understanding. (Ord. 1233 §1, 1999; Ord. 1143 §1(part) , 1990)
2.60.620 Types of disciplinary action. A. Discipline shall include: 1. Written reprimands; 2. Suspension without pay for not more than thirty days; 3. Demotion, including salary step reductions; 4. Dismissal. It is a general policy that the above disciplinary actions be imposed as progressive discipline; however, the doctrine of progressive discipline shall not be used for those offenses which, in themselves, warrant severe discipline of the employee on the first offense. Examples include, but are not limited to, violence in the workplace; theft from the county; some forms of sexual harassment; conviction of a felony or misdemeanor involving moral turpitude; false statement on employment application; or any conduct which resulted in, or if repeated is likely to result in, harm to the public service. All offenses shall be analyzed on a case-by-case basis in determining whether progressive discipline is appropriate. B. The following actions shall not be considered disciplinary actions, and do not entitle the employee to an appeal under the disciplinary procedure. However, the employee does have the right to file a written rebuttal: 1. Verbal reprimands; 2. Employee performance evaluation. (Ord. 1143 §1(part) , 1990 )
2.60.630 Investigation of alleged misconduct. A. Reasonable care shall be used by department employees charged with the responsibility of investigating activities of alleged misconduct in order to insure, to the greatest extent possible, the confidentiality of the materials obtained. Pertinent aspects of the case shall only be discussed with those employees) involved and such other employees as | ||
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deemed appropriate by the appointing authority. Investigations involving sworn employees shall be conducted in accordance with Government Code Section 3300, et seq. B. An appointing authority may place an employee on leave with pay while conducting an investigation provided that prior approval is received from the personnel officer. Approval shall only be granted in certain unusual and sensitive cases where the alleged violation is of such a nature that the operations of the county. and the department would be better served with the employee away from the work site. C. An appointing authority may request that a third party conduct an investigation where it can be demonstrated that the circumstances surrounding the particular case would so dictate. In all cases the appointing authority shall make a written request to the personnel officer detailing the need for a third party investigation and stating why an intradepartmental investigation is in-appropriate. The personnel officer shall either approve or deny such request. (Ord. 1143 §1(part), 1990)
2.60.640 Imposing disciplinary action. A. When an appointing authority intends to impose disciplinary action on a permanent employee, except those employees reporting directly to the board of supervisors or "At Will" employees, that involves suspension of more than five days, demotion, or dismissal, the following procedures shall be followed: 1. The appointing authority shall send a written notice to the county counsel and the personnel officer along with supporting documentation of the alleged misconduct and/or violations) prior to any notification of the employee. 2. The county counsel and the personnel officer shall review the materials submitted and, if necessary, meet with the appointing authority regarding the proposed action. 3. The appointing authority, after notification from the personnel officer and county counsel, shall issue a written notice of the proposed action to the employee which shall contain the following: a. The employee's name and address. b. Classification. c. Proposed action. d. The reason for such proposed action. e. Copies of the charges and materials upon which the proposed action is based. f. A notice that the employee has a right to respond to the charges, either orally or in writing, to the appointing authority initiating the action. g. The date and time by which the employee must respond to the charges, in order that they may be considered before the proposed action is executed. h. The date and time at which the proposed action is to take place. 4. After the date and time established for an employee to respond to the charges has past and the appointing authority has duly considered the evidence provided, the appointing authority may: a. Follow through with the proposed action as stated. b. Modify the proposed action. c. Rescind the proposed action. 5. After completion of the review process as outlined in subdivision 4 of this subsection, an appointing authority still wishing to impose a suspension, demotion or dismissal shall request that the county counsel to make an order in writing stating specifically the cause for such action. In addition, the appointing authority shall forward to the county counsel and the personnel officer any documents provided by the employee in response to the charges. 6. After receipt of the order issued by the county counsel, the appointing authority shall immediately serve the order on the employee. If the employee is not available to be personally served, the order shall be sent by registered mail to the employee's last known mailing address. The appointing authority shall also furnish a copy of the order to the personnel officer and the auditor with the date the order was served and mailed. 8. The procedures outlined in Section 2.60.690 shall be followed in imposing disciplinary action on "At Will" employees reporting to department heads which involves suspension of more than five days or demotion. In cases involving dismissal, a notice that the services of the employee are no longer desired are all that shall be required. The dismiss-al shall take effect thirty days after the date the notice was issued. C. Suspension for disciplinary purposes shall not exceed thirty days, nor shall a succession of suspensions exceed thirty days in any two-year period. D. All disciplinary actions shall be placed in the employee's personnel file. E. In certain unusual situations, it may be in the best interests of the county and the department in which an alleged violation has occurred that an employee remain away from his/her work location while the procedures outlined in subsection A of this section are being implemented. Upon prior approval of the personnel officer, an appointing authority may replace an employee on leave with pay. Leave for this purpose shall only be granted on serious violations or when a thorough investigation of the events surrounding a violation is required. F. The board of supervisors, by majority vote, may impose disciplinary action on employees reporting directly to them as they deem appropriate. G. In cases involving the imposition of summary discipline, the procedures outlined in subsection A of this section shall be followed, except that the appointing authority, at his/her discretion, may impose the disciplinary action prior to the employee responding to the charges. The appointing authority shall afford the employee all items listed in subsection A3 (a) through (f) of this section and consider any response provided by the employee. (Ord. 1143 §1(part), 1990) | ||
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2.60.650 Appeal of disciplinary action. A. An employee may appeal a disciplinary action by an appointing authority to the appeals panel. B. For purposes of Sections 2.60.610 through 2.60.660, appeals shall only be allowed in cases involving suspensions, demotions and/or dismissals. C. In cases involving written reprimands, the only right afforded an employee is that he/she may have a letter of response to the charges or evaluation be placed in his/her personnel file. There is no other form of disciplinary appeal. D. An employee serving an initial probationary period, occupying positions which report directly to the board of supervisors, or "At Will" employees, shall have no rights of appeal of disciplinary actions. E. An appeal of a disciplinary action must be filed with the personnel officer within five working days of the effective date of the suspension, demotion. or discharge and shall contain the following: 1. The filing employee's name, address, classification and department. 2. The charges alleged which resulted in disciplinary action. 3. The name and title of the appointing authority who issued the disciplinary action. 4. The disciplinary action taken and its effective date. 5. The charges and materials upon which the disciplinary action was based. 6. A statement as to why the disciplinary action taken was not proper. 7. The signature of the appealing employee. F. An appeal of a disciplinary action shall include an original and three copies of the materials outlined in subsection E of this section be sent to the personnel officer. Upon receipt of the appeal, the personnel officer shall: 1. Date stamp the appeal. 2. Place the original on file in the personnel office. 3. Transmit one copy to the department head in which the disciplinary action was initiated. 4. Transmit one copy to the county counsel. G. The personnel officer shall schedule an appropriate time for hearing the appeal by a hearing officer from the state mediation/conciliation service. The appeal shall be scheduled at the earliest date that is available for the employee, his or her representative, and the county's representative and county counsel. H. The hearing officer shall be selected from a list of five hearing officers from the state mediation/conciliation service. Each party may eliminate names from the list of five alternatively until an agreement is reached on a name or one name remains on the list of five. The parties shall share the cost of the hearing officer equally. (Ord. 1266 §1, 2002; Ord. 1143 §1 (part) , 1990)
2.60..660 Disciplinary appeals hearing. A. The disciplinary appeals hearing shall be conducted by the hearing officer selected pursuant to Section 2.60.650. B. The procedure for conducting the appeal shall be as follows: 1. Recording. The appeal proceedings shall be recorded by the hearing officer. 2. Governing law. Except as provided herein, the appeal shall be conducted pursuant to the provisions of the California Administrative Procedures Act, commencing with Government Code Section 11370, Part I, Division 3, Title 2, of the Government Code. 3. Jurisdiction of hearing officer. The hearing officer may affirm, modify or revoke the order issued by the county, or issue such other order as deemed appropriate. Jurisdiction of the hearing officer terminates upon issuance of the written decision. 4. Attendance of witnesses. No witness shall be permitted to testify at the hearing except upon oath or affirmation. The county or the hearing officer may issue subpoenas and subpoenas duces tecum for the attendance of witnesses and production of documents. 5. Depositions. On the verified petition of any party, the county may order that the testimony of an unavailable material witness be taken by deposition in the usual manner for depositions in civil actions. 6. Rules of evidence. The technical rules of evidence do not govern, but the rights to examine and cross-examine witnesses, to introduce exhibits, and to rebut evidence are safeguarded as provided by Government Code section 11513. Any relevant evidence of the sort "on which responsible people are accustomed to rely in the conduct of serious affairs" may be admitted, regardless of common law or statutory rules governing the admission of evidence in civil cases, however, hearsay evidence shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. Evidence of records regularly kept by the county concerning the employee may be introduced. 7. Evidence in default and uncontested .cases. The county is not required to file an answer or response to the appeal. If the employee fails to appear at the hearing, his or her default shall be entered unless a continuance is requested by his or her representative and is granted by the hearing officer. A continuance shall not be granted without a showing of good cause. Any continuance shall be conditioned upon payment by the employee of all the hearing officer's fees for appearing at the hearing at which the employee did not appear. 8. Time for final decision. The hearing officer shall issue a written decision within sixty days after the appeals hearing, unless there are special circumstances. A copy shall be mailed by the hearing officer to the employee or the employee's representative. The decision by the hearing officer shall be the final administrative decision, subject only to court review. 9. Effective date. A decision becomes effective upon receipt by the county. 10. Findings of fact. The decision must contain findings of fact, which may be stated in the language of the notice of action issued by the county. | ||
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11. Representation. The employee and the county shall have the right to be represented by counsel. The employee may be represented by a union representative. 12. Closed hearing. The hearings shall be closed to the public. Witnesses may be excluded upon motion of either party, but the county's designated investigating officer may be present during all the hearing, even if he or she is a witness. 13. Implementation of decision. If the hearing officer revokes an order of discharge, suspension or reduction in rank, the appealing employee shall be restored forthwith to the position held prior to the order with all rights and privileges pertaining thereto, including those accruing since the order, with full back pay for any uncompensated periods, less any amounts received by the employee in benefits or retirement. (Ord. 1266 §3, 2002; Ord. 1143 §1(part), 1990)
Subdivision 1.Deputy Sheriffs' Association, Management and Confidential and General Unit Employees
2.60.710 Objectives, purposes and scope of grievance procedure. A. In order to establish a harmonious and co-operative relationship between the county and its employees, and to keep open channels of communication, it shall be the county's policy to provide for the settlement of differences through an orderly grievance procedure. In addition, it is the county's policy to assure its employees the right of access to this procedure, free from interference, restraint, coercion or reprisal. B. The purpose of the grievance procedure is to afford an employee a means of obtaining consideration or a grievance by the level of management closest to the employee concerned, with a minimum of formal procedure. Every reasonable effort should be made by the employee and management to resolve the grievance informally, or at the lowest formal level possible. C. A grievance may be filed by an employee or group of employees on matters of management's interpretation, application, or lack of action on provisions contained in the memorandum of understanding, law, ordinance, resolution, regulation or rule which adversely affects the employee's wage, hours or conditions of employment. D. Specifically excluded from the grievance procedure are subjects involving the adoptions of state or federal law; board of supervisors resolutions, ordinances or minute orders; disciplinary actions, acts of alleged discrimination; and such other matters and activities which may be appealed by other means. (Ord. 1143 §1(part), 1990)
2.60.720 Grievance procedure designated. A. The grievance procedure shall be controlled, by the provisions provided herein. Each step of the grievance procedure shall be followed, except in cases where: 1. The management level addressed by the grievance procedure step is not found in the particular department where the grievance has been filed, or 2. The grieved item is not one which the particular management level has authority to resolve. B. In cases involving the exceptions listed in subsection A of this section, the grievance shall be forwarded from the immediate supervisor to the next appropriate level within the department. In all cases, the grievance shall be presented in writing beginning with the second step on a form provided for this purpose, within the prescribed time periods and according to the procedures contained herein to the department head prior to presentation to the grievance panel. C. The grievance procedure steps shall be as follows: 1. Immediate Supervisor. If an employee or group of employees are adversely affected by a grievable item, the employee(s) may request an informal meeting with the immediate supervisor within ten working days after the occurrence which gives rise to the grievance or within ten working days after the employee may have reasonably been aware of the occurrence which gives rise to the grievance. The immediate supervisor shall meet with the employee(s) within five working days after the employee's request and informally discuss the grievance in an effort to clarify the issue and to cooperatively work toward a settlement. The immediate supervisor shall verbally present a decision to the employee(s) within five working days from the time of the informal discussion. In addition, the immediate super-visor shall provide the name and title of the individual who represents the next step in the grievance procedure. 2. Second Level Management Representative. If the grievance is not settled under the foregoing step, the employee(s) may formally submit it to the second level management representative designated within the department. The grievance shall be submitted in writing within five working days after receipt of the decision at the previous step and shall state the nature of the grievance, those parties grieved and the suggested solution. Within five working days after receiving the written grievance, the second level management representative shall provide a written response to the employee (s). In addition, the second level management representative shall provide the name and title of the individual who represents the next step in the grievance procedure. 3. Third Level Management Representative. If the grievance is not settled under the foregoing step, the employee(s) may formally submit it to the third level management representative. The grievance shall be submitted in writing within five working days after receipt of the decision at the previous step. The written grievance shall be submitted along with the written decision of the second level management representative and a statement as to why the written decision is inappropriate. Within five working days after receiving the written grievance, the third level management representative shall provide a written response to the employee(s). In addition, the third level management representative shall provide notice that the next step in the grievance procedures is the department head. 4. Department Head. If the grievance is not settled under a foregoing step, the employee(s) may formally submit it to the department head. The grievance shall be submitted in writing within five working days after receipt of the decision at the previous step. The written grievance shall be submitted with the written decision(s) of the previous step(s) along with a | ||
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statement as to why the written decision(s) is (are) inappropriate. Within five working days after receiving the grievance, the department head shall provide a written response to the employee(s). The department head shall forward copies of all materials and decisions to the county administrative officer and county counsel. 5. Grievance Panel. If the grievance is not settled at the department head level, the employees) may formally submit it to the county administrative officer. The grievance shall be submitted in writing within five working days after receipt of the decision at the previous step. The written grievance shall be submitted with the written decision(s) of the previous step(s) along with a statement as to why the written decision(s) is (are) inappropriate . Within five working days of receipt, the county administrative officer shall contact the bargaining unit representative to establish a grievance panel. The grievance panel shall consist of the county administrative officer, the bargaining unit representative, and a representative from the State Mediation/Conciliation Services. The county administrative officer and the bargaining unit representative may authorize substitutes to replace them on the grievance panel if they so choose. The purpose of the grievance panel shall be to mediate a solution acceptable to both parties. In the event the parties are unable to reach a solution, either party may formally submit the grievance to the board of supervisors. The proceedings of the panel are informal. The panel has authority to question any involved party. After the informal hearing, the panel shall attempt to mediate a solution. If the panel is successful, the grievance is solved. If the panel is not able to mediate a resolution within five working days from the date of the hearing the grievance may proceed to the board of super-visors. Any recommendations of proposed settlement by the panel are confidential and may not be used by either party in subsequent hearings. 6. Board of Supervisors. If the grievance is not settled at the grievance panel level, either party may formally submit it to the board of supervisors. The grievance shall be submitted in writing within five working days after receipt of the finding of unsuccessful mediation by the grievance panel. The written grievance shall be filed with the clerk of the board with all correspondence and supporting materials attached. The party(s) submitting the grievance shall provide seven copies of all materials to the clerk of the board. Notice that a grievance has been filed will be placed on the agenda of a regularly scheduled board of supervisors' meeting within thirty days of the date the grievance was filed with the clerk of the board. The board of supervisors shall establish an appropriate time for hearing the grievance. The board of supervisors shall establish such rules and procedures as deemed appropriate for conducting such hearing. The board of supervisors shall issue a written decision which is binding and final within thirty days of the grievance hearing. 7. Failure by county representatives to meet any time line unless mutually agreed upon by the parties involved shall advance the grievance to the next higher level, unless the grievant chooses to withdraw the grievance. Failure by the grievant to comply with any requirement including the time lines provided herein, unless mutually agreed upon herein, constitutes a specific waiver by the grievant and is a bar to further consideration of the grievance. D. The county administrative officer shall maintain a file on all written grievances filed regardless of the step in the procedure at which each is resolved for a period of five years from the date of final determination of the grievance. (Ord. 1143 §1(part), 1990)
Subdivision 2.Skilled Trades Employees
2.60.730 Objectives, purposes and scope of grievance procedure. A. In order to establish a harmonious and cooperative relationship between the county and its employees, and to keep open channels of communication, it shall be the county's policy to provide for the settlement of differences through an orderly grievance procedure. In addition, it is the county's policy to assure its employees the right of access to this procedure, free from interference, restraint, coercion or reprisal. B. The purpose of the grievance procedure is to afford an employee a means of obtaining consideration of a grievance by the level of management closest to the employee concerned, with a minimum of formal procedure. Every reasonable effort should be made by the employee and management to resolve the grievance informally. C. A grievance may be filed by an employee or group of employees on matters of management's interpretation, application, or lack of action on provisions contained in the memorandum of understanding, law, ordinance, resolution, regulation or rule which adversely affects the employee's wage, hours or conditions of employment. D. Specifically excluded from the grievance procedure are subjects involving the adoptions of state or federal law; board of supervisors resolutions, ordinances, or minute orders; disciplinary actions, acts of alleged discrimination; and such other matters and activities which may be appealed by other means. (Ord. 1143 §1(part) , 1990)
2.60.740 Grievance procedure designated. A. The grievance procedure shall be controlled by the provisions provided herein. Each step of the grievance procedure shall be followed, except in cases where: 1. The management level addressed by the grievance procedure step is not found in the particular department where the grievance has been filed, or 2. The grieved item is not one which the particular management level has authority to resolve. B. In cases involving the exceptions listed in sub-section A of this section, the grievance shall be forwarded from the immediate supervisor to the next appropriate level within the department. In all cases, the grievance shall be presented in writing beginning with the second step within the prescribed time periods and according to the procedures contained herein to the department head prior to presentation to the board of supervisors. C. The grievance procedure steps shall be as follows: 1. Immediate Supervisor. If an employee or group of employees are adversely affected by a grievable item the employee(s) | ||
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may request an informal meeting with the immediate supervisor within ten calendar days after the occurrence which gives rise to the grievance or within ten calendar days after the employee may have reasonably been aware of the occurrence which gives rise to the grievance. The immediate supervisor shall meet with the employees) within ten calendar days after the employee's request and informally discuss the grievance in an effort to clarify the issue and to cooperatively work toward a settlement. The immediate supervisor shall verbally present a decision to the employee(s) within ten calendar days from the time of the informal discussion. In addition, the immediate supervisor shall provide the name and title of the individual who represents the next step in the grievance procedure. 2. Second Level Management Representative. If the grievance is not settled under the foregoing step, the employee(s) may formally submit it to the second level management representative designated within the department. The grievance shall be submitted in writing within ten calendar days after receipt of the decision at the previous step and shall state the nature of the grievance, those parties grieved and the suggested solution. Within ten calendar days after receiving the written grievance, the second level management representative shall meet with the employee's). Within ten calendar days thereafter, a written decision shall be delivered to the employee(s). In addition, the second level management representative shall provide the name and title of the individual who represents the next step in the grievance procedure. 3. Third Level Management Representative. If the grievance is not settled under the foregoing step, the employee s) may formally submit it to the third level management representative. The grievance shall be submitted in writing within ten calendar days after receipt of the decision at the previous step. The written grievance shall be submitted along with the written decision of the second level management representative and a statement as to why the written decision is inappropriate. Within ten calendar days after receiving the written grievance, the third level management representative shall meet with the employee(s). Within ten calendar days thereafter, a written decision shall be provided to the employee(s). In addition, the third level management representative shall provide notice that the next step in the grievance procedure is the department head. 4. Department Head. If the grievance is not settled under a foregoing step, the employee(s) may formally submit it to the department head. The grievance shall be submitted in writing within ten calendar days after receipt of the decision at the previous step. The written grievance shall be submitted with the written decisions) of the previous steps) along with a statement as to why the written decision(s) is (are) inappropriate . Within ten calendar days after receiving the grievance, the department head shall meet with the employee(s). Within ten calendar days there-after, a written decision shall be delivered to the employee(s). The department head shall forward copies of all materials and decisions to the county administrative officer and the county counsel. 5. Grievance Panel. If the grievance is not settled at the department head level, the employees) may formally submit it to the county administrative officer. The grievance shall be submitted in writing within ten calendar days after receipt of the decision at the previous step. The written grievance shall be submitted with the written decisions) of the previous steps) along with a statement as to why the written decisions) is(are) inappropriate. Within ten calendar days of receipt, the county administrative officer shall contact the bargaining unit representative to establish a grievance panel. The grievance panel shall consist of the county administrative officer, the bargaining unit representative, and a representative from the State of California Mediation/Conciliation Services. The county administrative officer and the bargaining unit representative may authorize substitutes to replace them on the grievance panel if they so choose. The purpose of the grievance panel shall be to mediate a solution acceptable to both parties. In the event the parties are unable to reach a solution, either party may formally submit the grievance to the board of supervisors. The proceedings of the panel are informal. The panel has authority to question any involved party. After the informal hearing, the panel shall attempt to mediate a solution. If the panel is successful, the grievance is solved. If the panel is not able to mediate a resolution within ten working days from the date of the hearing the grievance shall proceed to the board of supervisors. Any recommendations of proposed settlement by the panel are confidential and may not be used by either party in subsequent hearings. 6. Board of Supervisors. If the grievance is not settled at the grievance panel level, the employees) may formally submit it to the board of supervisors. The grievance shall be submitted in writing within ten days after receipt of the decision of the finding of unsuccessful mediation by the grievance panel. The written grievance shall be filed with the clerk of the board with all correspondence and supporting materials attached. The employees) submitting the grievance shall provide seven copies of all materials to the clerk of the board. Notice that a grievance has been filed will be placed on the agenda of a regularly scheduled board of supervisors meeting within thirty days of the date the grievance was filed. The board of supervisors shall establish an appropriate time for hearing the grievance. The board of supervisors shall establish such rules and procedures as deemed appropriate for conducting such hearing. The board of supervisors shall issue a written decision which is binding and final within thirty days of the grievance hearing. 7. Failure to meet any time line unless mutually agreed upon shall automatically advance the grievance to the next higher level. Failure to specifically comply with any other requirement, unless mutually agreed upon herein, constitutes a specific waiver and is a bar to further consideration of the grievance. (Ord. 1143 §1(part), 1990)
ARTICLE XII. TRAVEL POLICY
2.60.750 Statement of general policy. A. It is the policy of the board of supervisors to limit travel for only those purposes which enhance the efficient and effective operation of county government. County employees traveling on county business shall do so by the most economical | ||
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means available. B. It is the policy of the board of supervisors that county vehicles be used whenever possible when traveling on county business. However, county department heads traveling on county business may, at their discretion, use their own private vehicles. C. Authority to travel and reimbursements for incurred costs of travel including meals, transportation, registration, lodging, parking and other such direct costs shall be in accordance with policies and procedures contained in this chapter. (Ord. 1109 §I (part), 1988)
2.60.760 Travel authorization. A. A completed travel request form shall be submitted for all out-of-county travel requiring overnight accommodations. Department heads may authorize travel for their respective employees in cases involving in-county travel and out-of-county travel not requiring overnight accommodations. B. A completed travel request form shall be submitted to the county administrative officer as far in advance as possible of the anticipated date of the travel, but in no case less than seven days prior to the anticipated travel. All travel requests shall be approved by the employee's department head or authorized personnel. C. The county administrative officer may approve, deny or modify the proposed travel request. Such determination by the county administrative officer may be appealed to the board of supervisors. D. If an emergency condition exists requiring the authorization of travel, a department head shall immediately notify the county administrative officer. If the county administrative officer is not available to authorize travel, the department head may authorize such travel provided notification is given to the county administrative officer on the next available workday. E. Elected officials may make such trips as authorized by statute, provided there are sufficient funds budgeted within the department. F. Any travel that requires an employee to travel by aircraft, must be approved by the county administrative officer prior to the employee booking airline tickets. Employees of the sheriff department and district attorney's office are excluded from this section only if an emergency exists. Ord. 1238 §1, 2000; Ord. 1109 §1(part), 1988)
2.60.770 Travel reimbursement. A. Unless otherwise specifically stated or provided by law, mileage reimbursement for authorized in-county and out-of-county travel where an employee uses his or her own vehicle shall be at the rate of twenty-seven and one-half cents per mile, or current IRS rate. However, an employee who receives an in-county travel allowance shall not be reimbursed for any in-county mileage. B. Each county department is responsible for keeping travel and lodging costs within their individual travel budgets. Out-of-county travel involving overnight lodging shall be reimbursed for actual, reasonable and necessary lodging costs, in accordance with standard costs generally charged in the city or county visited. The lodging reimbursement is subject to approval by the department head and county administrative officer. Detailed justification must be provided when extraordinary lodging reimbursement is being requested. After review, the county administrative officer may approve all or any portion of this request as he/she determines to be reasonable. To be eligible for the lodging allowance, the employee must be authorized to travel to the designated area and must furnish a commercial lodging receipt for the day(s) of travel which indicates the location and cost of the lodging. C. Meal reimbursement shall be at the following rates: 1. Breakfast, six dollars; 2. Lunch, ten dollars; 3. Dinner, eighteen dollars. In order to be eligible for breakfast reimbursement, an employee must leave at least two hours before their regular work time. In order to be eligible for dinner reimbursement, an employee must arrive at their worksite or home at least two hours after their regular work time. An employee eligible for two or three meals on the same day may claim reimbursement for the combined total of each eligible meal (thirty-four dollars) regardless of the actual number of meals eaten. However, employees shall not be eligible for reimbursement for meals that are included in the cost of any registration fee. D. There shall be no reimbursement for in-county meals except under the following conditions and circumstances: 1. Where a member of the board of supervisors is conducting county-related business. 2. Where an in-county per diem is provided pursuant to subsection E of this section. 3. Where a department head or designated representative is required to attend a county-related function which includes a meal as part of that function. 4. Employees assigned by their department head to temporary field work at a location away from their normal work location. Reimbursement under this section with the exception of subsection (D) (2) of this section shall be in accordance with subsection C of this section. E. Whenever an employee is temporarily assigned to an in-county job site and that assignment would require the employee to remain at the job site overnight and lodgings in the area are not within a reasonable driving time, the assigning department head may authorize to be paid to that employee a per diem allowance; provided, however, that the per diem allowance for lodging and meals shall not exceed sixty-five dollars per employee, per day on the job site for food and lodging. In determining the amount of the per diem allowance to be paid to each employee, the following shall be taken into consideration: | ||
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1. That if an employee furnishes lodging for other employees, no more than forty dollars per day shall be allowed to cover food and lodging; provided, however, that five dollars per day for each additional employee occupying the lodging may be paid to the furnishing employee, and that other employees sharing the facility as specified under this section shall be paid no more than twenty dollars per day for food; 2. Lodging charges in the area of the job site; 3. Travel distances to and travel time from the assigned job site to the nearest available lodgings. F. No receipts shall be required for meals, however, receipts shall be required when claiming reimbursement for lodging and other travel-related expenses (i.e., parking, cab fare, bus fare, registration, etc.) G. In cases involving unusually high costs of travel or special circumstances involving the method of transportation or lodging arrangements, a department head may make a written request to the county administrative officer for payment exceeding the amounts provided under this section. The county administrative officer shall make a recommendation to the board of supervisors for their consideration. (Ord. 1265 §1, 2002; Ord. 1263 §1, 2002; Ord. 1150 §1, 1991; Ord. 1109 §1(part}, 1988
2.60.780 Travel advance. A. Employees requesting an advance for travel shall submit a travel advance re-quest along with the county travel request form. Employees requesting a travel advance must submit the travel request form and the request for travel advance form at least ten days prior to the anticipated travel. B. Travel advance requests may include advance payment for registration, lodging, meals and/or transportation and shall not be less than fifty dollars. C. Employees requesting a travel advance shall be reimbursed one hundred percent of the allowable costs associated with the travel. However, employees requesting a travel advance must file a claim with the county auditor for travel within thirty days of their return from the trip. Failure by an employee to submit a claim for travel in a timely manner shall result in the county auditor deducting the amount of the advance from the employee's next payroll check. (Ord. 1109 §1(part) , 1988)
2.60.790 Reimbursement for authorized courses. A. Upon recommendation of the department head and approval by the board of supervisors, employees enrolled in accredited classes or courses which are of benefit to the employees' position shall be entitled to reimbursement of one-half of the cost of instructional materials required upon proof of successful completion of the class or course. B. Upon approval by the board of supervisors, department heads enrolled in accredited classes or courses which are of benefit to the department head's position shall be entitled to reimbursement of full costs of tuition and instructional materials required upon proof of successful completion of the class or course. (Ord. 1109 §1 (part), 1988)
2.60.800 Authorization to take county vehicles home. A. Employees who are assigned a county vehicle to take home on a regular basis shall do so only after prior authorization by the board of supervisors. B. Due to work scheduling, on-call duty, emergencies or other work-related considerations, a department head at his or her discretion may assign an employee a county vehicle to take home. However, such assignment shall not exceed twelve times in any twelve-month period without prior authorization from the board of supervisors. (Ord. 1109 §1(part), 1988)
2.60.810 Travel reimbursement for jurors. A. Unless otherwise specifically stated or provided by law, the travel expense incurred by jurors traveling to their directed/ordered destination, when providing their own transportation, shall be reimbursed in accordance with subsection A of Section 2.60.770. B. Pursuant to California Code of Civil Procedure Section 215, jurors shall be compensated for jury duty at the rate of ten dollars per day; provided, however, that when special circumstances are charged under California Penal Code Section 190.2, reimbursement shall be at the rate of twenty dollars per day after jury selection has been completed. C. Grand jury members shall be reimbursed in accordance with subsection A of Section 2.60.770, when providing their own transportation to grand jury meetings, grand jury committee meetings, or when conducting grand jury business. Such reimbursement shall require prior approval by the grand jury foreman. D. Grand jury members shall be paid fees for the time spent on grand jury work in accordance with the following schedule: 1. Full day (over four hours or more), ten dollars; 2. Half day (over two to less than four hours), five dollars; 3. Quarter day (up to two hours), two dollars and fifty cents. Travel time from the juror's home to the designated location of activity and return shall be included when computing hours worked in accordance with the above schedule. E. Grand jury members traveling outside the county on grand jury business shall be reimbursed in accordance with subsections A; B and C of Section 2.60.770. F. The grand jury foreman shall approve and submit to the county auditor time, mileage and travel reimbursement claims for each grand juror. | ||
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G. Trial jurors and grand jurors may waive compensation and/or mileage reimbursement and designate that the funds be used specifically for programs or projects sponsored by the Trinity County Delinquency Prevention Commission. (Ord. 1172 §§14, 1992; Ord. 1109 §1(part), 1988)
2.60.820 Expenditures for training orientation of supervisors-elect, A. The board of supervisors may authorize the spending of county funds to reimburse persons elected, but who have not yet assumed off ice as, members of the board of supervisors in accordance with policies and procedures contained in this chapter. B. County funds shall only be spent for costs associated with the training and orientation of a supervisor-elect including the payment of course fees, travel and per diem expenses, course materials, and consultant services as the board deems proper and beneficial to the exercise of supervisorial duties of newly elected supervisors. C. The supervisor-elect must request the training and orientation to be received along with an estimate of anticipated expenses. D. Travel and per diem expenses shall be reimbursed in accordance with the provisions of subsections A, B and C of Section 2.60.770. E. This section is enacted pursuant to California Government Code Section 25208.4 and by its adoption does not intend to treat a supervisor-elect as an officer, agent or employee of the county. F. Nothing in this section prohibits or restricts a supervisor-elect from receiving training or orientation at his own expense. (Ord. 1109 §1(part) , 1988)
ARTICLE XIII. FEES TO BE PAID TO THE COUNTY
2.60.830 Fees to be paid to the county. A. Unless otherwise expressly provided, all county and judicial district officers and employees shall pay into the county treasury, not later than the fifth day of the month after collection, all county fees, commissions, and other moneys collected by the officers and employees by virtue of their office or employment, and all such fees, commissions, and other moneys so collected shall belong to the county. B. Salaries for the constables of the various judicial districts in the county shall be paid in full compensation for all services rendered by said constables in criminal cases; provided, however, that in addition to his salary, each constable may receive and retain for his own use, such fees as are not allowed by law, for services rendered by him in civil action. (Ord. 1087 §1(part), 1986)
ARTICLE XIV. PUBLIC EMPLOYEES' RETIREMENT SYSTEM (PERS)
2.60.840 Public employees' retirement system (PERS). The retirement benefits for county employees' shall be those established by contract with California Public Employees Retirement System, which is designated as the county's primary retirement plan for employees. The LIUNA Industrial Pension Fund is designated as the supplemental plan and shall not impact any employee's CalPERS benefits. (Ord. 1254 §1, 2001; Ord. 1161, 1991; Ord. 1087 §1(part), 1986)
2.60.841 Terms and conditionsGeneral. The terms and provisions of the retirement plan with the California Public Employees' Retirement System shall be set by contract, as amended May 18, 2004, which is hereby incorporated by reference. (Ord. 1282 §1, 2004; Ord. 1264 §1, 2002; Ord. 1259 §1, 2002)
2.60.842 Terms and conditionsPension. The terms and conditions of the pension with the LIUNA Industrial Pension Fund shall be as set forth in the agreements between the Trinity County Board of Supervisors, the Employee Association Bargaining Units, and the LIUNA Indus-trial Pension Fund Administrator. (Ord. 1254 §3, 2001)
ARTICLE XV. TEMPORARY EMPLOYEE CLASSIFICATION
2.60.850 General terms and conditions. A. This article creates a special temporary employee classifica tion. This classification has been necessitated by the county's temporary assumption of the operation of the Trinity Hospital until a permanent administrative entity for the hospital can be found. Its purpose is to provide for reasonable compensation for former Westworld employees until such time as the permanent operation of the hospital is resolved. B. The compensation, duties and rights of interim hospital employees shall be as set out in this article, which shall control over any conflicting provisions in any other county ordinance. Classification as interim hospital employee shall be in lieu of any other classification. The interim hospital employees classification will continue until either: (1) hospital operation is assumed by a new entity; (2) the county closes the hospital; or (3) the board of supervisors, by affirmative action, permanently assumes responsibility for the hospital operation. In any case, an employee's status as an interim hospital employee shall continue no longer than twelve months from March 1, 1987. (Ord. 1092 §1(part), 1987) | ||
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2.60.860 Compensation. A. Salaries. Salaries for interim hospital employees shall be those established by the county upon temporary assumption of the hospital operation in March, 1987. Should the county's operation of the hospital extend beyond December 1, 1987, the county will review the salaries for the hospital employees and such salaries shall be subject to adjustment by the county to current conditions. B. Medical Insurance. 1. Effective July 1, 1987, interim hospital employees shall be given the opportunity to enroll in the county's health insurance plan. The county's contribution for interim hospital employees shall be the same as that provided to other county employees. 2. Initial rates for hospital employees shall be; a. Employee only, ninety-five dollars and forty-seven cents; b. Employee plus one dependent, sixty-nine dollars and fifty-three cents; c. Employee plus two or more dependents, one hundred fifteen dollars and seventy-nine cents. 3. County shall pay the premium for the employee only. Employees shall pay the balance by payroll deduction. Employees shall also participate in the county dental plan. The county shall pay the premium of sixteen dollars per employee per month for the full family coverage. C. Holidays. Interim hospital employees shall observe the holiday schedule observed by all other county employees for the term of their status as interim hospital employees. D. Vacation. 1. Monthly accrual rates for interim hospital employees shall be based on the number of hours of work normally assigned an employee as follows: a. One hundred sixty or more hours, one hundred percent; b. One hundred twenty through one hundred fifty-nine hours, seventy-five percent; c. Eighty through one hundred nineteen hours, fifty percent; d. Seventy-nine or less hours, zero percent. 2. These accrual rates shall apply to part-time permanent employees. Full-time permanent employees who work forty regularly scheduled hours shall be eligible for full-time benefits. Licensed or certified classifications (RN, LVN, CNA or EMT) who work thirty-two regularly scheduled hours as it relates to twelve-hour-per-day shift schedules shall be eligible for full-time benefits. E. Overtime Compensation. Overtime, standby and shift differential compensation shall be paid pursuant to the Westworld policy in effect as of February 28, 1987, and as adopted by the county and outlined in Salary Resolution No. 58-87. Compensatory time off shall be permitted subject to the mutual agreement of the employee and supervisor. The hospital administrator shall have the authority to order the usage of accrued compensatory time off. If compensatory time off is not taken within sixty days, it shall be paid as overtime. F. Sick Leave. Licensed or certified classifications (RN, LVN, CNA or EMT) who work thirty-two regularly scheduled hours as it relates to twelve-hour-per-day shift schedules shall be eligible for full-time benefits. G. Prior Accrued Time. The county is not liable for sick leave or vacation time accrued prior to March 1, 1987. The county will use its best efforts to have successor operators provide employees with credit for time accrued prior to March 1, 1987. (Ord. 1096 §1, 1987; Ord 1095 §1, 1987; Ord. 1092 §1(part), 1987)
2.60.870 Miscellaneous provisions. A. Grievance, Discipline, and Layoff Procedure. Grievance and disciplinary appeals shall be processed in accordance with Westworld procedures in effect February 28, 1987. Any economic layoff shall be handled by seniority within classification. The policies shall be amended to provide for a ten-working-day time limit for response at each level of the grievance procedure. The county administrator shall be substituted for the company president as the final step of the process. B. Employee Contribution. The county will use its best effort to have the successor operator hire all current Trinity Hospital Employees as probationary employees. The county will require that the successor operator pay compensation equal to its other employees in similar classifications and geographic areas. C. County Personnel Regulations. County personnel ordinance provisions shall not apply to interim hospital employees except as specified below: Sections: 2.60.010 2.60.020 2.60.030 2.60.040 2.60.050 2.60.060 2.60.070 2.60.080 2.60.090 2.60.100 2.60.110 2.60.120 2.60.130 2.60.140 2.60.150 2.60.160 2.60.170 2.60.180 2.60.190 2.60.200 2.60.210 2.60.220 2.60.234 2.60.240 2.60.250 2.60.260 2.60.270 2.60.280 2.60.290 2.64.300 2.60.310 2.60.320 2.60.464 2.60.470 2.60.480 2.60.490 (A) 2.60.490 (E) 2.60.490 (F) 2.60.520 2.60.534 2.64.540 2.60.550 2.60.560 2.60.570 2.60.580 2.60.600 2.60.610 2.60.620 2.60.630 2.60.640 2.60.750 2.60.760 2.60.774 2.60.780 2.60.790 2.60.800 2.60.810 D. Benefit Waiting Period. Individuals employed by Trinity Hospital in permanent positions as of March 1, 1987, shall not be required to observe normal county waiting periods for implementation of benefits (e.g., six months' waiting period for medical insurance). Individuals hired after March 1, 1987, shall observe all normal waiting periods. (Ord. 1092 §1(part), 1981) | ||
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Chapter 2.64 FEES
Sections:
2.64.010 Title. 2.64.020 Filing fee. 2.64.030 Involuntary lien affecting title to property. 2.64.040 Processing fee. 2.64.045 Return check fees. 2.64.050 Fees.
2.64.010 Title. This chapter shall be known as the. "Trinity County fee ordinance." (Ord. 376 §1, 1980)
2.64.020 Filing fee. Pursuant to Section 27361.4 of the California Government Code, a fee of one dollar, in addition to that fee being charged at the date of enactment of the ordinance codified in this chapter, shall be imposed for filing any instrument, paper, or notice for record, with the county recorder's office. (Ord. 376 §2, 1980)
2.64.030 Involuntary lien affecting title to property. Pursuant to Section 27387 of the California Government Code, a fee of four dollars and seventy-five cents shall be imposed upon the recordation of an abstract of judgment or other document creating an involuntary lien affecting the title to real property to be recorded in the county recorder's office. The fee shall be paid upon presentation of the request to record. (Ord. 376 §3, 1980)
2.64.040 Processing fee. The declared purpose of this section is to permit the treasurer/tax collector to charge a processing fee pursuant to Section 4217 of the Revenue and Taxation Code. The Trinity County treasurer/tax collector shall charge a processing fee which is set by resolution of the board of supervisors. (Ord. 1101 §1, 1987)
2.64.045 Return check fees. It is the intent of this section to exercise the authority to impose fees for returned checks set forth in the Revenue and Taxation Code Section 2509.1 and Government Code Section 6147. A. The fees established by this section have been .set in accordance with the provisions of Government Code Section 54985, et seq. B. Pursuant to Revenue and Taxation Code Section 2509.1, there is imposed on every person making any payment to the county for taxes, assessments, or penalties by means of check, which is returned unpaid by the bank upon which it was drawn, a fee of ten dollars . The fee imposed by this subsection is no greater than the average cost of notifying issuers of returned checks, processing the returned check and making the required cancellations on the tax roll. 1. Said fee shall be added to the tax bill and collected as costs are recovered pursuant to Revenue and Taxation Code Section 2621. 2. The tax collector is authorized to require future tax, assessment or penalty payments by persons whose checks have been returned unpaid, to be made by means other than negotiable paper. C. Pursuant to Government Code Section 6157(b), there is imposed on every person making any payment to the county for any license, permit, or fee, or in payment of any obligation owing to the county, by means of a check, which is returned unpaid by the bank upon which it was drawn, a fee of ten dollars. 1. The fee imposed by this subdivision is a reasonable charge based upon the average cost of notifying issuers of returned checks, processing the returned check and correcting payment records required by the return of the check. 2. The fee shall be added to the underlying obligation for which the returned check was given, other than an obligation which constitutes a lien on real property. 3. The officer or department to which the returned check was given is authorized to require future payments by persons whose checks have been returned unpaid, to be made by means other than negotiable paper. D. Immediately upon the return of a check unpaid by the bank upon which it was drawn, the county officer or department receiving such check shall cancel any record of payment and give notice to the maker of the check of such cancellation pursuant to Government Code Section 25303.6. Notice shall also be given to the maker of the check in accordance with Civil Code Section 1719 in order to permit the recovery of treble damages in the event the check is not paid within thirty days of such notice. E. In the event a returned check is not made good by its maker within thirty days following the giving of the notices required by subsection D of this section, the county officer or department having possession of the check shall immediately forward the check to the treasurer/tax collector for further collection efforts, including where appropriate, judicial proceedings to recover treble damages and costs in addition to the amount of the returned check. (ord. 1163 §1, 1992)
2.64.050 Fees. Pursuant to Government Code Sections 54985 and 66016, the fees set forth in Table 2.64.050 are hereby approved and adopted. (Ord. 1291 §1, 2005; Ord. 1279 §§1, 2, 3, 4, 5, 2004; Ord. 1274 §§1, 2, 2003; Ord. 1273 §1, 2003: Ord. 1262 §§1, 2, 2002; Ord. 1251 §§1, 2, 3, 2001; Ord. 1244 §3, 2000; Ord. 1190 §1, 1994; Ord. 1189 §1, 1994; Ord. 1133 §1, 1990) | ||
| Chapter 2.68
COUNTY COUNSEL
Sections:
2.68.010 Office created. 2.68.020 Qualifications. 2.68.030 Salary and benefits. 2.68.040 Duties. 2.68.050 Term of office . 2.68.060 Limit of authority. 2.68.070 Employment of assistants. 2.68.080 Use of county and outside service.
2.68.010 Office created, There is created, pursuant to the provisions of Government Code Section 27640, the office of county counsel for the county to be filled by appointment of the board of supervisors for a term of four years and to exercise those powers and duties set forth in Government Code Section 27640 et seq. as from time to time hereafter amended. (Ord. 1149 §1(part), 1991)
2.68.020 Qualifications, The county counsel shall be chosen on the basis of legal and executive ability, educations, experience and knowledge. The county counsel shall be licensed to practice in the state and shall be a member in good standing of the state bar of California at the time of his/her appointment and throughout his/her entire term as county counsel. (Ord. 1149 §1(part), 1991)
2 , 68.030 Salary and benefits, The salary of county counsel shall be fixed by the board of supervisors from time to time by board resolution. Benefits shall be established as provided in Resolution 90-88 (or any subsequent resolution adopted by the board setting forth department head benefits ) and Section 2.60.490 (C) . (Ord. 1149 §1(part), 1991)
2.68.040 Duties, The county counsel shall discharge all duties as set out in Government Code Section 27642 and Section 26529. He/she shall act as legal advisor to the board of supervisors and as investigator in difficult cases for the board, represent the board in important public meetings and causes, and perform other related duties. (Ord. 1149 §1(part), 1991)
2.68.050 Term of office, Pursuant to Government Code, Sect ion 27641(a) (b ) , county counsel shall serve for four years from the time of his/her appointment and until his/her successor is appointed, subject to the following: A. He/she may be removed at any time by proceedings under Article 3 of Chapter 7 of Division 4 of Title 1 of the Government Code. B. He/she may be removed at any time by the board of supervisors for neglect of duty, malfeasance or misconduct in office, or other good cause shown, upon written accusation to be filed with the board of supervisors, by a person not a member of the board, and heard by the board and sustained by a three-fifths vote of the board. (Ord. 1149 §1 (part) , 1991) | ||