PERSONNEL REGULATIONS AND REFERENCES OF SANTA
CRUZ COUNTY
SECTION 130
CIVIL SERVICE RULES
SECTION
I - CIVIL SERVICE COMMISSION
A.
Meetings of the Civil Service
Commission
1.
Ralph M. Brown Act:
(Amended 5/16/94 Res 203-94)
a.
The Commission is a legislative body
of a local agency, the County of Santa Cruz, and therefore subject to the
provisions of the Ralph M. Brown Act, Government Code Sections 54950-549,
governing the conduct of public meetings. By its nature, the Commission will
conduct closed executive sessions from time to time to consider the
appointment, employment, or dismissal of public officers and employees and to
hear complaints or charges brought against such officers or employees. Such
officers and employees have the right to request a public hearing in such
cases.
b.
At least seventy-two (72) hours
prior to each regular meeting, an agenda for the regular meeting shall be
mailed to each Commission member, and to each representative of the news media,
and to each other person who has submitted a written request to the Commission
for notification of meetings, and shall be posted at least seventy-two (72)
hours prior to the regular meeting at a location that is freely accessible to
the public. The agenda shall contain a brief general description of each item
of business to be transacted or discussed at the meeting. No action or
discussion shall be undertaken on any item not appearing on the posted agenda
except that members of the Commission may briefly respond to statements made or
questions posed by persons exercising their public testimony rights or ask a
question for clarification, refer the matter to staff or to other resources for
factual information, or request staff to report back at a subsequent meeting
concerning any matter. Notwithstanding the foregoing, action may be taken on an
item of business not appearing on the posted agenda upon a determination by
two-thirds vote of the membership of the Commission, or if less than two-thirds
of the members are present, by unanimous vote of those members present, that
there is a need to take immediate action and that the need for action came to
the attention of the County subsequent to the agenda being posted.
c.
At least twenty-four (24) hours
prior to each special meeting, an agenda for the special meeting shall be
delivered to each Commission member and to each representative of the news
media personally or by any other means and mailed to each other person who has
submitted a written request to the Commission for notification of meetings; and
shall be posted at least twenty-four (24) hours prior to the special meeting at
a location that is freely accessible to members of the public. No business
other than that listed on the agenda shall be considered at a special meeting.
d.
Under limited circumstances set
forth in Government Code Section 54956.5, the Commission may hold an emergency
meeting without complying with the usual advance notice and posting
requirements. The news media shall be notified by telephone one (1) hour prior
to the emergency meeting, or, in the case of a dire emergency, at or near the
time that the Chairperson or designee notifies the Commissioners of the
emergency meeting.
e.
Public participation in Commission
meetings shall be allowed as follows:
1.)
An opportunity for members of the public to directly address the Commission on
any item of the agenda of interest to the public shall be provided before or
during the Commission’s consideration of the item.
2.)
In addition, the agenda will provide for community and oral communications on
items not on the agenda which are within the subject matter jurisdiction of the
Commission at the beginning of each regular meeting agenda.
3.)
The chairperson of the Commission may establish reasonable limits on the amount
of time allocated to each speaker on a particular item, and the Commission may
establish reasonable limits on the total amount of time allocated for public
testimony on a particular item or the total amount of time allotted for
community oral communications. When further discussion is required, the
Commission may vote to allot time in the agenda of the following meeting.
f.
All subcommittees shall comply with
the notice and agenda requirements otherwise applicable to the Commission,
except for subcommittees composed solely of less than a quorum of the members
of the Commission which are not standing subcommittees of the Commission with
either a continuing subject matter jurisdiction or a meeting schedule fixed by
resolution or other formal action of the Commission.
2.
Meetings:
Meetings of the Commission shall be held as necessary to conduct business on a
timely basis.
3.
Quorum:
Three members of the Commission shall constitute a quorum for the conduct of
business and the affirmative votes of three members shall be required to give
effect to any action of the Commission.
(BOS
Approved 4-29-2003; Resolution 93-2003, Amending No. 247-76.)
B.
Administration of the Civil Service
System
1.
Authority: The rules herein are adopted
pursuant to the Santa Cruz County Code, particularly Chapters 2.46 and 3.20
thereof which delegate rule-making powers to the Civil Service Commission,
subject to the approval of the Board of Supervisors. These rules shall have
authority of law.
2.
When Effective: These rules and amendments hereto
shall be effective upon order of the Board of Supervisors.
3.
Changes in Rules: These rules may be amended only
after ten days notice of intent to amend and after a public hearing of those seeking
to be heard.
4.
Construction: The construction, interpretation,
effect, validity, and definitions of these rules shall be governed by the Santa
Cruz County Code, Title 3 (Personnel).
C.
Notice to Employees: Where these rules require that
notice be given to any employee, unless otherwise specified in these rules,
such notice shall be given in writing by personal delivery to the employee, or
by mailing such notice by United States mail, postage prepaid, in an envelope
addressed to the employee at his/her last known residential address or by
posting on a bulletin board which is accessible to employees.
D.
Appeals to the Civil Service
Commission:
1.
Scope of Appeal: Unless otherwise
governed by specified procedures, any affected applicant or employee may appeal
an action or decision of the Personnel Director to the Commission on the
grounds of his/her failure to observe or properly apply those Sections of the
Ordinance Code which comprise the Limited Civil Service System or these Civil
Service Rules.
2.
Avenue and Time Limit of Appeal:
Unless otherwise governed by specified time limits, actions appealable to the
Civil Service Commission must be filed on a Civil Service Commission Appeal
Form which can be obtained from the Secretary to the Commission. The Appeal
Form shall be filed with the Secretary to the Commission within seven (7)
calendar days of the action or decision which is being appealed. The Secretary
to the Commission shall forward the completed Appeal Form and the action
appealed to the Civil Service Commission forthwith for scheduling a hearing.
Hearings for appeals shall be scheduled in accordance with County Code Section
3.24.030.
3.
Required Content of Appeal Form: The
Appeal Form shall include the following information:
a)
the appellant's name;
b)
position and County Department of appellant;
c)
the name, address, and phone number of the appellant's representative, if any;
d)
the specific action being appealed;
e)
the corrective action desired;
f)
the Ordinance Code Section or Civil Service Rule alleged to have been violated,
improperly interpreted, applied, or misapplied; and
g)
signature of appellant or appellant's representative.
4.
Calculation of Time Lines: If the
final date of a time period within which an action must be taken under these
appeal procedures falls on a non-working day, the time line is extended to the
close of business on the next working day.
(Amended
11/22/94, Res. 561-94; amended 8/26/97, Res. 344-97)
E.
Appeals of Disciplinary Actions:
1.
Hearings and Continuances of Appeals
of Disciplinary Actions: The scheduling of a hearing for an appeal under this
sub-section (E) shall be determined by the Civil Service Commission. Should a
party to the appeal request a continuance of a hearing, said request must be
presented in writing to the Secretary of the Commission and at the same time to
the opposing party, and must be received by them in advance of the scheduled
hearing date; such request shall specify the basis for the continuance,
indicate the manner in which the opposing party was contacted regarding the
continuance and state any objections the opposing party has to the continuance,
and identify three alternative dates for any continuance from the Civil Service
Hearing Calendar (first and third Wednesday of the month). The Commission
Chairperson may grant the continuance upon a showing of good cause after
consideration of any objections to the continuance. In no event shall a hearing
be continued beyond 45 days from the date of the scheduled hearing. In
accordance with County Code Section 3.24.030 (c), appellants who request a
continuance beyond 30 days from the filing of the appeal waive any claim for
additional compensation arising as a result of the continuance.
2.
Pre-hearing Statement for Appeals of
Disciplinary Actions: Immediately upon the date being set for the hearing
before the Civil Service Commission, the Secretary of the Commission will issue
a letter notifying the parties of the date for hearing and reiterating the
following pre-hearing procedures with which the parties to the appeal must
comply:
a.
Informal Settlement Conference: As
early as possible, but at least fourteen (14) days in advance of the hearing
date, the representatives of the parties to the appeal must contact each other
to discuss settlement of the appeal. Should a party to the appeal not be
represented, that party must contact the representative of the other party to
discuss settlement of the appeal.
b.
Pre-hearing Statement: Each party to
the appeal must submit to the Secretary of the Commission no later than ten (10)
days prior to the hearing eight copies of a pre-hearing statement containing
the below listed information. The Secretary of the Commission shall forward
each party's pre-hearing statement to the Commissioners, the Commission
attorney, and the opposing party.
(1)
Party - The names of the party(ies) involved with this matter and in whose
behalf the materials are filed and identification of the appellant's
representative, if any. Nothing in these rules shall limit the right of a party
to be represented at a hearing by a representative of their own choosing.
(2)
Jurisdiction and Challenge - A statement as to whether the party(ies) challenge
the jurisdiction of the Civil Service Commission to hear the matter.
(3)
Settlement Conference - A statement regarding the efforts taken to comply with
the requirements of paragraph 2(a), above. Neither party shall reveal the
substance of any settlement discussions, but rather state whether or not a
settlement conference occurred and if not, why not.
(4)
Framing of the Issues/Defense - A
statement of the issue or issues and any defenses to be considered by the
Commission.
(5)
The Remedy and Findings - Each party to state the remedy they are seeking from
the Commission. Further, as part of the pre-hearing statement, each party is to
propose the findings the Commission must make if the requested remedy is
granted.
(6)
Facts
(a)
Undisputed Facts - A plain and concise statement of all material facts not
disputed.
(b)
Disputed Factual Issues - A plain and concise statement of all disputed factual
issues.
(c)
Stipulations - A statement of stipulations requested or proposed.
(7)
Time Frame of Witness - A list of the witnesses to be called at the hearing,
together with an estimate of time required for each witness's testimony. The
witness list may be revised up to two days prior to the hearing.
(8)
Declarations - Eight copies of any declaration(s) to be presented at the
hearing from unavailable witnesses. Any such declaration(s) must also discuss
the reason why the witness is unavailable to testify at the hearing. No
declaration will be received into evidence at the hearing unless it is included
with the pre-hearing statement or is offered from a witness on the witness list
and is provided to the opposing party at least two days in advance of the
hearing.
(9)
Exhibits - Eight copies of each item of any documented evidence which the party
intend to introduce at the hearing. For recordings or large volume reports only
two copies are required. In the event the parties stipulate to the submission
of joints exhibits, the County will submit those exhibits.
(10)
Estimation of Hearing Time - An estimate of the time required for presentation
of each party's case.
(11)
Closed Hearing - A statement as to whether or not the hearing is to be
considered open to the public. Absence of such a statement will be interpreted
that the appellant wishes the matter to be held in closed session.
(12)
Cause for Late Submission - If the pre-hearing statement is submitted late, the
reason for the late filing must be stated. The Commission may refuse to accept
a pre-hearing statement and the documentation attached thereto as evidence if
the Commission finds that there was not good cause for the late filing.
3.
Communications between parties:
During the pendency of an appeal, any written or oral communication with the
appellant shall be addressed to the appellant directly, if the appellant is
unrepresented. If the appellant is represented, all written or oral
communications from the Commission Secretary and the Appointing Authority shall
be directed to the appellant's representative as designated in the Notice of
Appeal. Notice of any change in the appellant's representative during the
pendency of an appeal must be provided in writing to the Secretary of the
Commission and the County Counsel's office as representative of the Appointing
Authority.
During
the pendency of an appeal, neither party may communicate either orally or in
writing directly with a Commission member. All written communications regarding
an appeal must be sent to the entire Commission through the Secretary of the
Commission and include proof that the opposing party already has been served a
copy of the communication.
4.
a. The Commission shall have the
power to issue subpoenas or subpoenas duces tecum for any investigation for
hearing. At least 10 days before a scheduled hearing the party desiring a
subpoena/ subpoena duces tecum shall notify the Secretary to the Commission
that a subpoena is necessary and important for the production of witnesses
and/or documents. The name and last known address and telephone number of the
witness or the identification of records and the name and address of the
custodian of such records shall be provided to the Secretary. The Secretary
shall immediately prepare a subpoena/subpoena duces tecum on the attached form
and shall provide it to the Chair for execution and issuance. Upon execution
the Secretary shall deliver the subpoena/ subpoena duces tecum to the Sheriff
for service unless the party desiring the subpoena/subpoena duces tecum wishes
to serve the subpoena.
b.
The official return of the Sheriff upon
the subpoena showing the time and place of service is prima facie evidence of
service. Should a witness who has been properly served a Commission subpoena
fail, refuse or neglect to appear or testify at a hearing or as part of an
investigation he/she shall be deemed in contempt. The Chair of the Commission
shall report such contempt to the judge of the Superior Court who shall have
jurisdiction over the matter. The same penalties may be imposed and the same
punishment inflicted as in the case of a witness subpoenaed to appear and give
evidence on the trial of a civil cause before a superior court.
c.
When a subpoena requires the attendance
of a witness or the production of books, documents or other things before the Commission,
the Commission, upon motion reasonably made by the party, the witness, or any
consumer described or upon the Commission's own motion after giving counsel
notice and an opportunity to be heard, may make an order quashing the subpoena
entirely, modifying it, or directing compliance with it upon such terms or
conditions as the Commission shall declare. In addition, the Commission may
make any other order as may be appropriate to protect the parties, the witness,
or the consumer from unreasonable or oppressive demands including unreasonable
violations of a witness's or consumer's right of privacy.
5.
a. Written Statements: Either party
to an appeal may submit, no later than two (2) days prior to the date for
hearing a written brief or statement addressing any legal issue raised in
either party's pre-hearing statement. Eight copies must be submitted.
b.
Objections to Evidence: If a party objects to the introduction of any exhibit
attached to the opposing party's pre-hearing statement, the party must submit
eight copies of a short written statement no later than two days in advance of
the hearing , identifying the exhibit and the reason why the exhibit should not
be introduced as evidence at the hearing. The Commission may rule on all
written objections to evidence at the beginning of the hearing. All exhibits
timely submitted with the pre-hearing statement and not the subject of a
written objection may not be objected to at the hearing by the opposing party.
6.
Decisions After Hearing: Upon the
conclusion of the hearing, the Commission may direct the parties to address
either orally or in writing any legal issue raised in the appeal. After
deliberation on the merits of the appeal, the Commission shall issue its
decision in writing either to affirm, modify or revoke the order appealed. With
respect to a modification of an order of dismissal, the Commission has the
authority under County Code Section 3.24.030 to suspend an employee for a
period up to and in excess of thirty (30) days or to take other actions. The
findings and decisions of the Commission shall be certified to the appellant
and the Department Head or officer whose action was the basis for the appeal
and shall be enforced forthwith.
7.
Requests for Reconsideration:
a.
Within ten (10) days from the date
of the Commission's written decision, either party may file with the Secretary
of the Commission a written request for reconsideration. The only issues that
may be raised in a Request for Reconsideration are:
(1)
Correction of clerical errors; and
(2)
Claims that the Commission exceeds its authority in rendering its decision.
(3)
Proof that a witness before the Commission committed perjury.
b.
The Secretary to the Commission will
provide a copy of any motion to the other party.
c.
Opposition to a motion for reconsideration,
if any, must be submitted to the Secretary of the Commission within seven (7)
days of opposing party's receipt of the original motion for reconsideration.
d.
The Commission shall consider the
request for reconsideration at its earliest convenience. Should the Commission
decide to reconsider its decision, the Commission may, in its discretion:
(1)
Narrow the issues for reconsideration;
(2)
Reopen the hearing for purposes of receiving additional testimony or exhibits;
and/or
(3)
Request additional oral argument or closing briefs.
(amended
11/22/94, Res. 561-94; amended 8/26/97, Res. 344-97)
F.
Studies.
The Civil Service Commission may make studies and recommendations on subjects
within its areas of responsibility and the manner of administering programs
within such areas.
SECTION II - PERSONNEL DIRECTOR
A.
Delegation of Authority:
The Commission hereby delegates to the Personnel Director the Authority to
administer the County Civil Service system in accordance with the County Code,
3.04, these rules and order of the Commission. The Personnel Director shall
work under the direction of the County Administrative Officer on all matters
pertaining to salaries or fringe benefits.
B.
Commission Secretary:
The Personnel Director or his/her designee shall attend all meetings of the
Commission and act as its secretary.
C.
Personnel Forms and Records:
The Personnel Director shall prescribe forms suitable for the recording of
information required to give effect to these rules and may require the
submittal of these forms properly approved as a condition to taking the action
herein required or permitted. The Personnel Director shall keep all such
approved forms in suitable files or may accumulate the data on other records or
forms for use in the administration of the Personnel Department.
A.
Classification Plan:
The classification plan shall consist of all County positions as grouped into
classes as described by approved class specifications. The classification plan
shall be adopted and may be revised as conditions require. The Director shall
analyze the duties and responsibilities of all positions and shall recommend
rules for the administration of the classification plan and for allocation of
positions to classes.
B.
Availability of Classification Plan:
Copies of the classification plan are available for inspection in the Personnel
Department during office hours.
C.
Basis for Classification of
Positions: All positions having substantially the same duties and
responsibilities, requiring substantially the same qualifications, to which the
same descriptive title can fairly be applied and which can properly be subject
to the same salary schedule, shall be included in a single class.
D.
Allocation of Positions to Classes:
Positions shall be allocated to their appropriate class upon comparison of the
duties and responsibilities of the position with the class specifications. If
the positions cannot be properly allocated to any existing class, then the
creation of a new class shall be proposed.
E.
Class Specifications:
The classification plan shall include a class specification for each class.
Each class specification will include the following information:
1.
Class title.
2.
A brief definition or description of
the scope and nature of the class.
3.
A detailed statement of tasks
assigned to positions which are allocated to the class, which lists, however,
shall be for illustrative purposes and shall not be regarded as inclusive or
exclusive lists of tasks to be required in positions allocated to the class.
4.
A statement of the education,
experience, knowledge, skills, abilities and physical characteristics required
or deemed desirable in the class.
5.
A statement where necessary, of the
particular factors or features which distinguish one class from other related
classes.
F.
Use of Class Titles:
The class titles established in the classification plan shall be used in all
official records of the County relating to the personnel transactions.
G.
Positions Covered:
All positions in the classified service, except those excluded by ordinance,
shall be classified according to their duties and responsibilities.
H.
Classification of New Positions:
1.
For the purpose of this section, a
"new position" is defined as one which is not provided in the
approved budget of the affected department.
2.
Whenever any appointing authority
desires to have created any new position, a written request and a specific
description of the duties of such position shall be made to the County
Administrative Officer.
3.
The County Administrative Officer
shall first make a report and recommendation to the Board as to the need for
such a new position. If the position is allowed, the Board shall refer the
position to the Personnel Director for classification.
I.
Reclassification:
Whenever any appointing authority believes that the duties and responsibilities
of any position under his/her jurisdiction warrant allocation of a different
class, a written request and a specific description of the duties shall be made
to the Personnel Director.
The
Personnel Director may initiate reclassification studies based on a written
request from an employee, or based on the Personnel Director's own initiative.
J.
Delegation of Classification
Actions: Notwithstanding other provisions of these rules, the
authority to classify or reclassify positions, and to create, modify or abolish
classes and class specifications, and to establish or abolish alternate
staffing for alternate classes, is delegated to the Personnel Director subject
to the following:
1.
The duties of the position are
consistent with the class specification approved for the class.
2.
The change does not result in a new
program or service or departmental reorganization which has not been approved
by the Board of Supervisors.
3.
The operating department head
involved agrees with the proposed action.
4.
The Union agrees if the position is
in their bargaining unit.
5.
A quarterly report shall be
submitted to the Civil Service Commission showing all classification actions
including alternate staffing for alternate classes designation taken under this
delegated authority.
6.
If the action is to abolish an
existing class or to create a new class, the action is final upon adoption by
the Board.
(Amended
12/9/86, Res. 652-86)
K.
Notice and Hearing on Proposed
Classification Action: Any employees affected by any
change in the classification plan or in the allocation of their position shall
be notified of the intent to take such action by their department and shall be
given a reasonable opportunity to be heard by the Personnel Director or, on
appeal, by the Commission.
L.
Alternate Staffing and Alternate
Classes: Alternative staffing is a procedure which permits a
position to be filled at one of several related class levels. Under alternate
staffing, once the class of a position is established by the Civil Service
Commission, the position may be filled at that class level or a lower related
class level. The classes at which a position may be filled under alternate
staffing will be determined by the Civil Service Commission or by the Personnel
Director under delegated authority, and are termed "alternate
classes." The Personnel Department will maintain records of the alternate
classes approved for each such position and of positions approved for alternate
staffing.
The
purpose of alternate staffing is to delegate to the department head flexibility
in the use of classes to meet work load changes or changes in available labor
workforce, and to enhance the retention of an employee hired at a lower class
level. This delegation increases the department head's responsibility for:
(a)
maintaining proper balance between duties and class level;
(b)
provision of training and supervision appropriate to the level of the employee;
and
(c)
hiring and promoting employees based on level of difficulty of assignments and
proficiency rather than only an attainment of minimum experience required for
the higher class.
(Amended
12/9/86, Res. 652-86; 5/23/95, Res. 170-95)
M.
Effect of Upward Reclassification of
Position Upon Incumbent:
1.
When an occupied position is reclassified
upward, regular promotional examination and certification procedures will apply
with the exception that a qualifying examination may be held at the discretion
of the Personnel Director to test fitness when:
a.
an entire class is being reclassified,
involving the abolition of the former class and reclassification of all
positions to a higher class; or
b.
a position is reclassified upward
and it is clear that the duties of the position have evolved without any
purpose on the part of anyone to evade the competitive principle of the merit
system, provided that the incumbent has occupied the position for at least one
year and the reclassification is between classes in the same occupational
group.
2.
If no eligible list exists for the
higher level class, the Personnel Department shall conduct an examination
within 90 days following approval of the reclassification by the Board of
Supervisors.
3.
If an incumbent is notified that
he/she cannot be appointed to the higher level class, the incumbent may remain
at the existing level for a maximum of 60 days with the approval of the
appointing authority, provided that no other appointment is made to the
position. During the 60 days, the incumbent may:
a.
be appointed to a previous class in
accordance with Section 3.28.040 (Appointment to Previous Class); or
b.
transfer in accordance with Section
3.28.080 (Transfer); or
c.
take a demotion in accordance with
Section 3.28.030 (Appointment to Vacant Position).
4.
Notwithstanding other sections of
these rules, an incumbent who remains in the position at the end of the 60-day
period in (3) above shall be laid off.
SECTION
IV - STANDARDS AND QUALIFICATIONS FOR EMPLOYMENT
1.
Applicants for employment will be
required to meet such reasonable standards of education and experience,
knowledge, skills, and abilities, and personal and physical characteristics as
are prescribed in the class specification, and which will assure that the
candidates are reasonably well qualified to successfully perform the essential
functions of the positions in which they seek employment.
2.
All candidates for employment and
employees shall be required to have the physical and mental ability necessary
to perform the essential functions of their positions, with or without
reasonable accommodation.
3.
All applicants and employees must
meet the minimum qualifications and standards prescribed by the State
Legislature for County officers or employees of the particular class.
4.
The Personnel Director may meet with
appointing authorities and shall give consideration to qualifications for
employment suggested by appointing authorities.
B.
Applicability of Employment
Standards.
Applicants may be disqualified at
any stage of the examination, selection, or appointment process for any of the
reasons listed immediately below. Employees may be subject to disciplinary
action for the reasons listed immediately below:
1.
lack of any of the established
preliminary requirements;
2.
physical or mental limitations
rendering the applicant or employee incapable of performing the essential
functions of the position after considering reasonable accommodation;
3.
use of illegal drugs or abuse of
intoxicating substances in the workplace, or, for positions defined as peace
officers under State law, a history of substance abuse;
4.
conviction of any felony or of a
misdemeanor which is significantly related to the duties of the position;
5.
any prior activity that would
identify the applicant or employee as a substantial risk to the security of
funds, property, or safety of the public or employees encountered in the
performance of duties of the class;
6.
the use or attempted use of
influence to gain advantage during the examination or selection process;
7.
any false statement of material fact
in connection with any stage of the examination, selection, appointment or
employment process;
8.
any deception or fraud in any stage
of the examination or selection process, such as directly or indirectly
obtaining information regarding examinations to which, as an applicant, he/she
was entitled or taking part in the compilation, administration or correction of
the examinations;
9.
failure to sign the Loyalty Oath
required by law, or modifying the Loyalty Oath so as to substantially alter its
intent;
10. failure
to submit his/her application correctly or within the prescribed time limits;
or
11. violation
of provision of the Civil Service Rules, County Ordinances, or State laws
(including Government Code Sections 31114 and 31115), or rules or regulations
adopted pursuant thereto, governing personnel matters.
(Amended
2/5/85, Res. 17C-85, 6/27/17)
SECTION
V – RECRUITMENT & EXAMINATIONS
A.
Purpose of Examinations:
A system of examination is to be used to determine whether candidates meet the
standards and qualifications, and further to determine the relative
qualifications of candidates to perform the duties of the positions they seek.
B.
Filing of Qualifications Statement:
To qualify for examinations, candidates shall file a statement of
qualifications upon a form or forms prescribed by the Personnel Director.
C.
Recruitment Announcements:
The official recruitment announcement will show:
1.
title and salary range for the class;
2.
typical duties to be performed;
3.
minimum qualification requirements
as officially established and such alternative equivalent standards for
education or experience as may be approved by the Personnel Director;
4.
which components of the examination
process might be administered during the process, but allow the actual
components of the examination process to be determined after the final filing
date based on number of applicants and level of applicants qualifications;
5.
other special conditions for
admission to the examination, certification and employment; and
6.
final date applications may be filed
if established.
(Amended
6/27/23 Res. 142-2023)
D.
Publicizing Recruitments:
Announcements shall be released in sufficient time to provide a reasonable time
for filing applications. Except for continuous recruitment, public announcement
of all recruitments shall be made at least seven calendar days in advance of
the closing date for receipt of applications. (Amended 6/27/23 Res. 142-2023)
1.
An applicant who is not admitted to
an examination because of failure to meet the basic employment standards or
additional screening criteria which may include a competitive screening of
qualifications, used in determining finalists shall be notified by either U.S.
mail, telephone or electronic mail. Following the notice of application review,
additional information may be provided by the applicant to the Personnel
Director to demonstrate that the applicant meets the minimum qualifications for
the position. This information must be provided before the date of the
examination is established. The Personnel Director shall review any additional
information, take appropriate action, and notify the applicant of the
appropriate action.
Appeals:
2.
Appeal of examination questions.
Appeals of individual examination questions must be filed with the Personnel
Director immediately following the administration of the examination component
containing the appealed question. Appeals of an examination question will not
be accepted once a grade has been assigned. Appealed questions will be reviewed
by subject matter experts and testing specialists who will make a final
determination on the retention or deletion of the question.
3.
Other examination appeals.
Any appeal of an examination practice not covered in paragraphs 1 or 2 above
must be filed in writing with the Personnel Director immediately following the
administration of the examination practice. Appeals of an examination practice
will not be accepted once a grade has been assigned. The Personnel Director
shall respond to all appeals filed in a timely manner. Appeals of the Personnel
Director's decision may be filed with the Civil Service Commission within 7
days of notice of the response of the Personnel Director. The Civil Service
Commission shall review the appeal and the response of the Personnel Director
and shall make a determination. The Civil Service Commission may use its
discretion as to whether the appellant shall appear in person. The decision of
the Civil Service Commission on any appeal shall be final.
F.
Nature of Tests.
The Personnel Director shall prepare or direct the preparation of such tests of
knowledge, skill, ability, personal or physical characteristics as may be
required to determine the fitness of candidates, which tests may be written,
oral, in the form of ratings of training and experience, or in the form of
practical demonstrations of skill, or any combination of these which may be
most practicable. (Amended 6/27/23 Res. 142-2023)
G.
Assignment of Examination Weights.
The Personnel Director shall assign weights to each part of the examination.
The weights assigned to each part of the examination may be determined after
the final filing date.
H.
Frequency of Examinations.
Examinations may be given as frequently as the needs of County Government may
require or justify. (Amended 6/27/23 Res. 142-2023)
I.
Examination Review.
To ensure that future use of tests will not be invalidated, contents of
written, oral or performance examinations are not subject to review.
J.
Term of Candidate's Eligibility.
The rules prescribed and enforced by the Civil Service Commission shall provide
for the creation of eligible lists upon which shall appear the names of
successful applicants in the order of their standing in the examinations. Such
eligible lists shall remain in effect for a maximum period of two years subject
to the needs of various County departments as determined by the Personnel
Director. However, if a list is abolished prior to being in effect for a period
of six months, the applicants on that list may transfer their eligibility to
any new list established for the same position. The term of the applicants
eligibility shall continue from the date of the establishment of the original
list.
K.
Scoring Examinations:
The Personnel Director shall determine a final score for each applicant's
examination in accordance with the weights for the several parts. Failure in
any part of an examination shall disqualify the applicant in the entire
examination. Subject to rules regarding veteran's preference, all applicants
for the same class of position shall be accorded uniform and equal treatment in
all phases of the examination procedure. The Personnel Director shall use
appropriate techniques and procedures in scoring examination and for setting
the passing grade, due regard may be given to the number of candidates and to
the number of vacancies which may reasonably be expected to occur in the life
of the eligible list.
L.
Rating of Training and Experience:
If training and experience form a part of the total examination, the Personnel
Director shall determine a procedure for the evaluation of the training and
experience qualifications of the various applicants. Due regard shall be given
to recency and quality, as well as quantity of experience and to the pertinence
of the training.
M.
Investigations:
The Personnel Director may establish rules and procedures for investigating and
verifying the applicant's training, experience, character, and fitness.
N.
Veteran's Preference Credit:
In establishing eligible lists resulting from examinations, the Personnel
Director shall include the 5 percent credit for veteran's preference on open
examinations, wherever appropriate, provided by the County Civil Service
Ordinance. Applicants shall submit proof of military service by the final
filing date.
O.
Oral Examinations:
When an oral examination forms part of a total examination, the Personnel
Director shall appoint an examination board, which shall consist of three or
more persons, of which at least one shall be familiar with the requirements of
the job or character of work in the class examined. In the event of last minute
circumstances, beyond the control of the Personnel Director, an oral board of
two members may render an official rating. Appointing authorities may observe
oral examinations but shall not serve as raters for positions for which they
are the appointing authority.
P.
Notice of Examination Results:
Each applicant passing all parts of the examination shall be notified by the
Personnel Director of the final rating as soon as the eligible list is
established. Eligibles, upon written request and presentation of proper identification,
shall be entitled to information concerning their relative position on a list.
Applicants who fail any part of the examination or the total examination shall
be notified of their failure.
Q.
Establishing of Eligible Lists:
After each examination, the Personnel Director shall prepare an eligible list
of persons with passing grades. The names of such persons shall be placed on
the eligible list in the order of their final rating starting with the highest.
The names of all eligibles with the same (tied) score will be certified
together.
R.
Alternate Eligible Lists:
If a vacancy exists in a class for which there is no eligible list, or there
are five or fewer applicants available from the eligible list, the Personnel
Director may prepare an appropriate eligible list for the class from one or
more existing eligible lists. For this purpose, the Personnel Director shall
select eligible lists for classes for which the minimum qualifications and
examinations are similar to or higher than those required for the class in
which the vacancy exists.
1.
At the request of the appointing
authority and with the approval of the Personnel Director, an individual who
has satisfactorily completed a minimum of 1040 hours of service in a manpower
training program, established for entry level positions and approved by the
Personnel Director, may be placed on a manpower training employment list.
(Amended 6/9/81)
2.
Such a request must be in writing
and include an evaluation of the individual's work performance. Such
satisfactory and approved work performance shall constitute the examination
process.
3.
The individual must meet all minimum
requirements for the entry level class and serve the standard probationary
period upon appointment.
T.
Transfer of Eligibility:
Upon approval by the Personnel Director, the names of individuals having
permanent status under the classified service of a public agency operating a
civil service or merit system recognized by the California County Merit System
may be placed on an open employment list for a comparable class in the Santa
Cruz County Service. In each case, the following conditions must be met:
1.
The class in which employment is
contemplated must possess the same or lesser minimum qualifications as the
class in which the individual holds permanent status.
2.
The individual must have been
employed by the other public agency within one year prior to the date of his/
her application to the County of Santa Cruz.
3.
There must be written information
submitted by the other public agency and on file with the Personnel Department
confirming the individual's permanent status and containing the following
statements:
(a)
The employment record of the individual has been entirely satisfactory.
(b)
The individual has not been separated nor been considered for separation, due
to fault or delinquency on his/her part.
(c)
The individual was appointed to the class in which he/she holds permanent
status from an eligible list resulting from a qualifying or competitive
examination.
(d)
If not currently employed by the other agency, the individual is eligible for
re-employment in the class in which he/ she holds permanent status.
(e)
The class in which permanent status is held appears to the other public agency
to be closely related and comparable or greater in duties and qualifications to
the class in which employment with Santa Cruz County is contemplated.
4.
The names of such individuals shall
be placed on the employment list in the order of their approval and shall
follow any names which may already appear on the employment list. (Amended
11/22/83)
U.
Qualifying Examinations.
A "qualifying examination" is defined as a non-competitive
examination. The result of such an examination is either a "pass" or
"fail"; there is no rank on an eligible list. Qualifying examinations
may be held at the discretion of the Personnel Director to test fitness:
1.
For transfer or demotion of a
permanent or probationary employee to a vacancy in a different class within the
same occupational group; or
2.
When an entire class is being
reclassified, involving the abolition of the former class and reclassification
of all positions to a higher class; or
3.
When a position is reclassified
upward and it is clear that the duties of the position have evolved without any
purpose on the part of anyone to evade the competitive principles of the merit
system, provided that the incumbent has occupied the position for at least one
year and the reclassification is between classes in the same occupational
group; or
4.
When an employee is in a position
that is reclassified and the reclassification represents a transfer or demotion
in relationship to the former class and is within the same occupational group; or
5.
For promotion of an incumbent to the
next higher alternate class approved by the Civil Service Commission for a
position; or
6.
For appointment to a position in a
class in which an employee had previous status, in accordance with County Code
Section 4.05.520 (Appointment to Previous Class); or
7.
For placement on a Manpower Training
List in accordance with Civil Service Rules, Section V. S. 1; or
8.
When ten or less applicants for an
examination meet the minimum qualifications, and the examination consists of an
evaluation of the training and experience qualifications of the applicants;
provided, however, that the examination announcement must so state that this
provision may be applied. (Amended 1/4/83)
(Revised
12/11/79; 1/15/80; 1/4/83 Reissued 6/84)
SECTION VI - APPOINTMENT AND
PROBATION
A.
Notification of Vacancy. When a vacancy
exists, for which a replacement is desired, the department head shall inform
the Personnel Director of the class title and special qualifications necessary
in filling the position.
B.
Certification of Eligibles.
1. Definitions
a. Alternate
Eligible Lists. An eligible list for a class with
comparable or higher employment standards than the class with a vacancy, when
no eligible list is available or there are five or fewer applicants available
from the list for the class in which the vacancy exists.
b. Alternate
Employment Lists. An employment list, other than an
Open Competitive or Promotional Eligible list, for a class with comparable or
higher employment standards than the class with a vacancy.
c. Certification.
The official submission by the Personnel Director to an appointing authority of
the names of eligibles from an appropriate employment list.
d. Eligible.
A person whose name is on an employment list.
e. Eligible
List. An official list of names of applicants who successfully
passed an examination for a class and whose names are assigned in order of rank
for certification to positions in a specific class.
f. Employment
List. A list of persons who may be considered for employment or
re-employment in a class.
g. Overfill
List. A list of permanent or probationary employees whose
positions have been reclassified downward but who remain in their former class,
and whose names may be considered for appointment to a vacant, regular position
in the same class.
h. Re-entry
List. A list of employees who were laid off or displaced when
probationary, whose names may be considered for appointment to a vacant
position in the class from which laid off or displaced. (Amended 11/22/83)
i. Right
To Return to Former Class List. A list of employees who have a
right to return to their former class because of a release from a promotional
probationary period or probation period resulting from a reclassification. This
list shall not include the names of employees who were released from probation
following a voluntary or involuntary demotion.
j. Re-employment
List. A list of permanent displaced employees who were permanent
when displaced or laid off, whose names may be considered for reappointment to
a vacant position in the class from which laid off or displaced.
2.
Priority of Use of Types of Employment Lists.
The
Personnel Director shall certify to the appointing authority the names and
addresses of eligibles who have demonstrated by examination that they are
qualified to perform the duties of the class and that they have the required
special qualifications.
The
appointing authority shall fill the vacancy by appointing or reappointing a
person from among those certified. (An appointing authority may also fill a
vacancy through other provisions including demotion and appointment to a prior
class, when appropriate.)
The
order in which lists will be certified shall be as follows:
a. Departmental
Overfill List. Certification from a departmental
overfill list takes precedent over all other types of certification. No other
types of appointments are possible in the face of a department overfill list
unless the employee(s) so decline(s) the offer of employment.
b. Departmental
Re-employment List. Certification of departmental
re-employment takes precedent over all other types of certification, except a
departmental overfill list.
c.
Departmental Right To Return to Former Class List.
Certification of departmental Right to Return to Former Class takes precedent
over other types of lists except a departmental overfill and a departmental
re-employment list.
d.
Countywide Overfill List.
e.
Countywide Re-employment List.
f.
Countywide Right To Return to Former Class List.
g.
Open Competitive and Promotional Eligible Lists.
h. Transfer,
Reinstatement, Re-entry, and Manpower Training Lists.
Certification from Transfer, Reinstatement, Re-Entry, and Manpower Training
Lists may be made along with Certification from eligible lists. (Amended
11/22/83)
i. Alternate
Eligible Lists. Certification from an alternate
eligible list may be made when there are 5 or fewer applicants available from
the eligible list for the class in which the vacancy exists.
j. Alternate
Employment Lists. Certification from an alternate
employment list may be made when there are five or fewer applicants available
from the eligible list for the class in which the vacancy exists.
3. Order
in which Names are Certified from List.
Amended
10/1/85 Res.550a-85; 11/22/94 Res. 561-94;
a.
Departmental Overfill List.
Certification from a departmental overfill list is on a "rule of one"
basis -- one name for one vacancy in order of seniority. The person certified
must be offered the vacancy. The names of all persons with the same (tied)
seniority will be certified together. The department may select from among
those with the same seniority.
b.
Departmental Re-employment List.
Certification from a departmental re-employment list is on a "rule of
one" basis -- one name for one vacancy in order of seniority. The person
whose name is certified must be offered the vacancy. The names of all persons
with the same (tied) seniority will be certified together. The department may
select from among those with the same seniority.
c.
Departmental Right to Return to Former Class List.
Certification from a departmental right to return to former class list is on a
"rule of one" basis -- one name for one vacancy in order of
seniority. The persons whose name is certified must be offered the vacancy. The
names of all persons with the same (tied) seniority will be certified together.
The department may select from among those with the same seniority.
d. Countywide
Overfill List. All names on the countywide
overfill list are certified together as a bloc in no particular order.
e. Countywide
Re-employment List. All names on the countywide
re-employment list are certified in a bloc in order of seniority.
f. Countywide
Right to Return to Former Class List. All names on the countywide right
to return to former class list are certified in a bloc in order of seniority.
g. Open
Competitive and Promotional and Extra-Help Eligible Lists.
1)
Certification from open competitive, promotional and extra-help eligible lists
is on a "rule of list" basis – entire list for one vacant position in
exam score order.
2)
The Personnel Director may selectively certify applicants that possess bona
fide occupational qualifications which are specific to the position being
filled.
(Amended 6/27/23 Res. 142-2023)
h. Transfer,
Re-entry and Reinstatement Lists. All names are referred together as
a bloc in no particular order. (Amended 11/22/83)
i. Manpower
Training List. All names on the Manpower Training
List are referred together as a bloc. Names appear on the list in order of the
date on which placed on the list.
j. Alternate
Eligible List. Names on an alternate eligible list
developed from an open competitive or promotional eligible list shall be
certified on the same basis as certification from a regular open competitive or
promotional eligible list.
k. Alternate
Employment Lists. Names on alternate list developed
from other than an open competitive or promotional eligible list shall be
certified together as a bloc in no particular order.
4. Interview
Requirements. Amended 10/1/85 Res.550a-85
a.
Re-interview Provisions (all lists).
When the department official making the hiring decision (from the eligibles
certified) has already interviewed an individual for a previous certification
for the class within the previous six months, the official may make a hiring
decision without conducting an additional interview with the individual.
Notwithstanding the above, the Personnel Director may require the departmental
official to conduct an additional interview with the individual. (Amended
1/4/83)
b. Countywide
Overfill List. Departments must offer to interview
all persons on the list prior to receiving certification from another
employment list with a lower priority.
c. Countywide
Re-employment List. Departments must offer all persons
on a countywide re-employment list the opportunity to be interviewed, provided,
however, that when an open competitive or promotional eligible list and a
re-employment list exist for the class, the appointing authority may be
authorized to make a selection from the eligible list by the Personnel
Director.
d. Countywide
Right to Return to Former Class List. Departments must offer to interview
all persons on the list prior to receiving certification from another employment
list with a lower priority.
e. Open
Competitive and Promotional Eligible Lists. As there is both
an open competitive and promotional eligible list, departments may interview
eligibles on both lists. However, departments need only interview from one
list.
A
department may request eligible lists on one of the following bases, unless
approval is granted under 4a, above:
1)
Departments may directly request the eligible lists and assume the
responsibility of contacting the eligible candidates. Departments must offer to
interview all persons on such a list above the eligible they choose to hire
prior to making an offer of employment.
2)
Departments may request Personnel to notify candidates on the eligible lists.
Departments must offer to interview all persons who respond within five working
days to a notice from the Personnel Department. Failure to respond to this
notice will not automatically remove a candidate from an eligible list.
f. Transfer,
Reinstatement, Re-Entry and Manpower Training Lists.
Departments may interview as few or as many as deemed necessary. There is no
requirement that persons be interviewed or selected except that all persons on
a re-entry list must be offered an interview. (Amended 11/22/83)
g. Alternate
Eligible List. Departments must offer to interview
all persons on an alternate eligible list who respond within three working days
to a notice from the Personnel Department unless approval is granted under 4a,
above. Failure to respond to this notice will automatically remove a candidate
from an eligible list. (Amended 6/27/23 Res. 142-2023)
h. Alternate
Employment Lists. Departments may interview as few or
as many persons on an alternate list developed from an employment list other
than an open competitive or promotional eligible list. There is no requirement
that persons be interviewed or selected.
C.
Withholding or Removal of Names from Certification.
1. Overfill
and Re-employment Lists - General. The names of persons who separate
from County service voluntarily or for cause shall be removed from departmental
and countywide overfill and re-employment lists.
2.
Departmental Overfill List.
An employee who declines an offer to be interviewed or an offer of appointment
from a Departmental Overfill List shall have his/her name removed from the
departmental and countywide overfill lists.
3.
Departmental and Countywide Re-employment Lists.
A laid off employee on a departmental or countywide re-employment list shall
remain on those re-employment lists until:
a. He/she
refuses one offer of an interview for, or one offer of re-employment in any department
in the class from which laid off; OR
b. 24
months have elapsed from the date of original layoff, whichever occurs first.
A
laid off employee's name may also be removed from re-employment lists on
evidence that the person cannot be located by postal authorities.
The
name of a person on a re-employment list who fails to reply within ten working
days to a written certification notice shall be removed from the re-employment
list. Such person's name may be restored to the list upon written request by
the person.
Should
a person serving a probation period as a result of an appointment from a
countywide re-employment list not pass probation, that person's name shall be
restored to the departmental and countywide re-employment lists for the period
provided above, beginning from the date of restoration.
4. Departmental
and Countywide Right to Return to Former Class List.
An employee on a departmental or countywide right to return list shall remain
on those lists until:
a. He/she
refuses one offer of an interview for, or one offer of appointment in any
department in the class; OR
b. 24
months have elapsed from the list was established; whichever occurs first.
5. Countywide
Overfill List. An employee who refuses three
offers of interview and/or appointment from a countywide overfill list shall
have his/her name removed from the departmental and countywide overfill lists.
6. Open
Competitive, Promotional, Extra-Help Eligible Lists.
(Amended
2/5/85 Res. 17C-85)
a.
Removal or withholding of names.
(1)
The Personnel Director may remove the name of an eligible person from an
eligible list for any of the reasons stipulated in Civil Service Rules Section
IV B.
(2)
The Personnel Director may remove a name from the eligible list on evidence
that the eligible person cannot be located by postal authorities.
(3)
The Personnel Director may remove the name of an eligible person that waives an
interview three or more times during the life of the eligible list for the same
classification. Such persons name may be restored to the list upon written
request by the person and approved by the Personnel Director.
(4)
The Personnel Director may withhold a name from certification on receipt of a
statement from the eligible declining an appointment to a position.
(5)
The Personnel Director may withhold a name from certification on receipt of a
statement from the eligible stating he/she no longer desires consideration for
a position in the class.
(6)
The name of an eligible who fails to reply within three working days to a
written notice shall be removed from the list. Such person's name may be
restored to the list upon written request by the person. (Amended 6/27/23 Res.
142-2023)
(7)
The name of an eligible who fails to appear for a scheduled interview shall be
removed from the list. Such person's name may be restored to the list upon
written request from the person listing a reasonable excuse for the failure to
appear.
(8)
The Personnel Director may remove an eligible name from the list where the
appointing authority has filed a valid job related objection to the person
remaining on the list.
(9)
The name of an eligible who accepts an offer of employment and subsequently
declines employment shall be removed from the list.
b. The
Personnel Director shall promptly notify the eligible in writing of the removal
or withholding of the eligible's name from certification and the reason
therefore, so as to allow sufficient time for an appeal for 1), 3), 8), and 9)
in (a) above. The eligible's name shall be returned to the eligible list upon
showing cause satisfactory to the Personnel Director or in accordance with the
decision of the Commission upon appeal.
7.
Transfer, Reinstatement, Re-entry and Manpower Training
Lists.
a. The
Personnel Director may remove the name of a person from a Reinstatement,
Re-Entry, or Manpower Training List for any of the reasons stipulated in Civil
Service Rules Section IV B.
b. The
Personnel Director may remove a name from a list on evidence that the person
cannot be located by postal authorities.
c. The
Personnel Director may withhold a name from certification to a department in
which the appointing authority passes over the eligible's name in connection
with three separate appointments, if the appointing authority submits valid
reasons for withholding certification.
d. The
name of a person on a list who fails to reply within three working days to a
written notice shall be removed from the list. Such person's name may be
restored to the list upon written request by the person. (Amended 6/27/23 Res.
142-2023)
8. The
Personnel Director shall promptly notify in writing persons on employment lists
whose names are removed from employment lists, under the provisions of
Paragraph C, "Withholding or Removal of Names from Certification,"
and the reasons therefore. (Amended 11/22/83; 2/7/84)
D. Certification
Methods. While the Personnel Director may refer an entire eligible
list to a department, the appointing authority may consider, as a maximum,
those eligibles which are certifiable as provided elsewhere in these rules.
(Amended 6/27/23 Res. 142-2023)
E. Probation:
1. Length
of Probationary Period. Except as provided elsewhere in these rules,
a probationary period equivalent to no less than six months shall apply to all
classes with the exception of certain classes approved by the Civil Service
Commission which will have a probationary period equivalent to no more than one
year. The Personnel Department will maintain a current list of these classes.
Notwithstanding
the above, a probation period may be extended for a maximum of two months upon
mutual agreement of the employee and the appointing authority. Such agreement
shall be in writing and dated prior to the end of the regular probation period
for the employee's classification.
An
employee appointed from a County re-employment list to a position in a
different department from the one from which laid off shall serve a probation
period equivalent to six months regardless of the length of the probation
period specified immediately above.
2. Probationary
Status. No employee shall attain permanent status in any County
classification without first having successfully completed the probation period
for that classification. All persons appointed to regular or limited term
positions in the classified service shall serve a probationary period if
appointed to any class in which they have not previously held permanent status.
A probationary period must also be served upon: reinstatement, substitute
appointment, voluntary and involuntary demotion, appointment to a former higher
class, appointment to a position in the classified service from non-civil
service status, re-designation of a classification from civil service exempt
(i.e., at will) to civil service non-exempt (i.e., for cause), and appointment
from a Countywide re-employment list.
A
probationary employee who transfers to a new department or classification shall
begin a new probation period in the new department or class. However, an
employee serving a probation period as a result of an appointment from a
Countywide re-employment list who transfers back to the original department
from which laid off shall not serve a new probation period in that class in the
original department if he/she had successfully completed probation prior to
being laid off.
3. Removal
of Unsatisfactory Probationers. If the appointing authority finds
that the probationary employee is not satisfactory, the appointing authority
shall remove the employee by notice in writing, with a copy to the Personnel
Director, stating the reasons, and the decisions of the appointing authority in
the matter shall be final.
Employees
who have been rejected during a promotional probation period or probation
period resulting from a reclassification shall be reappointed to a vacant
position or a position held by a probationary employee in their former class
and former department from which promoted or transferred, provided they had permanent
status in the former class. In the event that there is no vacant position or
position held by a probationary employee in their former class and department,
the removed employee shall be reappointed to any vacant position or position
held by a less senior probationary employee in the County. If there is no
vacant position or position held by a probationary employee in the County, the
removed employee will be placed on a departmental (the employee's former
department) and countywide Right to Return to Former Class employment list. If
there is an extra help assignment available, the removed employee will be
allowed to bump into this assignment (in accordance with existing extra help
restriction), while remaining on the employment list. In the event that the
removed employee's former class is obsolete and/or no positions are budgeted in
the County, the employee will be placed on one alternate eligible list which
most closely relates to the former class as determined by the Personnel
Director, with the same rights on the eligible list or for bumping into extra
help as if it were the employee's former class. The above-described right to
return to former class shall not apply to employees who are rejected during any
type of probation period other than promotional probation or probation
resulting from reclassification. (Amended 11/22/83; 2/7/84, 10/19/94; 5/2/95;
1/10/06)
F.
Restoration of Probationary
Employees to Eligible List.
1. Removed
Probationary Employees. If the Personnel Director finds
that the removal of a probationary employee pursuant to Section VI E3, above,
would not necessarily disqualify the candidate for other employment, the
Personnel Director may restore the removed probationary employee to the list
for consideration for vacancies in departments other than the one in which
he/she was removed.
2. Laid
Off or Displaced Probationary Employees. Probationary
employees who are laid off or displaced shall have their names restored to the
eligible list from which appointed. (Amended 11/22/83)
G.
Provisional
Appointments.
1. When there are less than five (5)
qualified eligibles on any appropriate employment list, the Personnel Director
may authorize the provisional appointment of any individual meeting the
established standards for the position pending the establishment of an eligible
list, but in any event, no such provisional appointment shall continue for
longer than the following except
as noted below under Section 2:
a. For department heads - 180 days
b. For other positions - 90 days
When an eligible list is established
and certified to an appointing authority, the appointing authority shall make
an appointment from the list within 15 working days; provided, however, that
the Personnel Director may authorize an additional 15 working days to make an
appointment when additional time is required. The provisional appointment shall
be automatically terminated upon the start date of the appointment of an
individual from the eligible list, or, if no appointment has been made, upon
expiration of the 15 or 30 working day period following certification of the
eligible list. (Amended 1/4/83)
2. Successive provisional appointments
shall not be allowed, except that one additional temporary authorization for
the same length of time as the original provisional appointment may be
authorized by the Personnel Director provided that due diligence was exercised
to establish an eligible list, or that other valid reasons exist to justify the
extended provisional appointment which do not evade the competitive principles
of the merit system. In the event that a provisional appointment is made for a
COVID-19 pandemic response assignment (i.e., staffing shelters, public health
response, fiscal reimbursement support, recruitment support, logistics, etc.),
the appointment may be extended for the duration of the emergency as declared
by federal, state, or county government. (Res. 144-2021, 5/25/21)
3. Provisional appointments under this
section are subject to removal at the will of the appointing authority. No time
served under provisional appointments shall contribute towards acquiring
probationary or permanent status. (Res. 222-90, 4/17/90)
H.
Emergency Appointments. If any
department head finds it necessary to make an appointment without regard to the
provisions of these rules in order to prevent the stoppage of public business,
loss of life, or damage to persons and property, he may make an emergency
appointment without reference to the eligible list, provided that he shall
report the appointment to the Personnel Director, the County Administrative
Officer and the Auditor-Controller as soon as the emergency condition
reasonably permits, and provided that no such original appointment continues
for more than thirty working days. An original emergency appointment may be
extended for up to thirty (30) days at the request of the department head, with
the approval of the Personnel Director and notice to the County Administrative
Officer, the Auditor-Controller, and the Board of Supervisors. (Res. 222-90,
effective 5/22/90)
I.
Extra Help Appointments.
(Amended
11/22/94 Res. 561-94)
1.
Extra-help appointments are limited to a maximum of 999
hours in a fiscal year. (Amended 10/1/85, Res. 550a-85)
2.
Extra-help appointments shall be made, when possible, from
suitable eligible lists. With the exception of persons on eligible lists
established exclusively for extra help, the acceptance or refusal to accept
extra help employment on the part of persons on the eligible list shall not be
a bar to appointment to a regular position from such eligible list. In the
absence of suitable eligible lists, extra help appointments may be made of
qualified persons.
3.
Extra help appointments may be made from persons
participating in the Recall Program which includes a "recall list"
for former employees receiving unemployment insurance benefits from the County.
Participating persons are subject to the time lines specified by the Recall
Program. The "recall list" from this program will not be considered a
standard employment list for purposes of these rules.
4. To
appoint an extra help employee other than from an eligible list, a copy of
application for employment shall be submitted to the Personnel Director for
prior approval.
5. No
time served under an extra help appointment shall contribute towards acquiring
probationary, provisional, or permanent status, nor shall extra help employees
be entitled to other rights extended to regular County employees appointed to
budgeted positions.
J.
Substitute Appointments. A substitute
appointment may be made to a position in the Classified Service for a vacancy
created by an authorized absence, or for a vacancy created by an extended
disability leave covered under Labor Code Section 4850. A substitute
appointment may be accomplished through a probationary or provisional
appointment. Notwithstanding any other provisions of these rules, a person
appointed as a substitute retains probationary or provisional status during the
entire period of leave of absence not to exceed one (1) year in length. If
after one (1) year a substitute appointment is not transitioned to a regular
probationary appointment he/she will be terminated. The substitute appointment
will end concurrent with the return from leave of the incumbent, unless the
department head authorizes an overlap of up to ten (10) working days. The name
of any person appointed as a substitute shall remain on any eligible list they
are on at the time of the substitute appointment, or any eligible list they may
be placed on during the substitute appointment. (Amended 8/12/81; Res. 222-90,
4/17/90)
Probationary
service accrued during a substitute appointment may be credited towards
permanent status provided that:
1. at
the expiration of the substitute appointment the employee is selected from the
eligible list for appointment to a permanently vacated position; and
2. the
employee was evaluated on a regular basis as prescribed in these rules during
the period of substitute appointment and received overall satisfactory or
better evaluations; and
3. the
department head certifies that the employee was assigned the full range of
duties and responsibilities during the period of substitute appointment and
performed satisfactorily or better.
K. Temporary
Underfill. A "temporary underfill" is defined as the filing
of a vacant position at a lower class level than authorized by the Civil
Service Commission for a limited time.
The
purpose of a temporary underfill is to provide flexibility to appointing
authorities:
1. When
there has been a reorganization or reassignment of duties pending
classification review and action, a position may be temporarily underfilled pending
classification for a maximum of six months with the approval of the Personnel
Director.
2. To
fill a position at a lower level in the same occupational group for training or
administrative purposes when such action would not evade or be detrimental to
the merit principles. A position may be temporarily underfilled for such
purposes for a maximum of one year with the approval of the Personnel Director.
L. Appointment
to Previous Class. As an alternate to appointment from
an employment list, other than a departmental re-employment or departmental
overfill list, upon approval of the appointing authority and Personnel
Director, any current permanent or probationary employee included in or
excluded from the Classified Service may be appointed to a vacant position in a
class in which permanent status was previously acquired. The Personnel Director
may require a qualifying examination depending upon the time lapse and change
in employment standards or concept of the previous class. The Personnel
Director shall administer a qualifying examination when more than two years
have elapsed since the employee had status in the previous class.
Employees
who return to a previous class at a higher level shall serve a new probationary
period.
M.
Demotion. As an alternative to appointment
from an employment list, other than a departmental re-employment or
departmental overfill list, employees in the Classified Service may be assigned
from a position in one class to a position in a lower class on either a
voluntary or involuntary basis, with the approval of the appointing authority
and Personnel Director. In all cases, the employee must meet the current
employment standards for the lower class. (Amended 1/4/83) Employees who do not
successfully complete the probationary period in the class to which they
voluntarily or involuntarily demote have no right to return to their former
higher class even if they previously attained permanent status in that higher
class.
N.
Work in a Higher Class. In the event of
a paid absence of more than 80 hours of service for other than vacation, annual
leave or administrative leave, an employee may be temporarily assigned to
perform the duties of a position in a higher class at the pay range authorized
for the higher class, with the approval of the Personnel Director. No such
temporary assignment shall continue longer than 90 days except that one
additional temporary appointment for a maximum of 90 days may be authorized by
the Personnel Director, provided that valid reasons exist to justify the
extension.
This
provision may be applied when the employee in the higher class is absent
because of illness and is using annual leave, vacation, or administrative
leave, following exhaustion of all accrued sick leave.
In
all cases, the employee must meet the employment standards for the higher
class, and must be appointed from an appropriate employment list if one exists.
No
time served in a Work in a Higher Class appointment shall contribute towards
acquiring probationary or permanent status in the higher class.
A
Memorandum of Understanding between the County and a recognized employee
organization may provide for work in a higher class appointment for a period of
a paid absence or leave without pay of less that 80 hours of service, that such
temporary assignments may be limited to a maximum period of less than 90 days
(and one additional temporary appointment for a maximum period of less than 90
days), for such appointments of an employee who meets the employment standards
for the higher class but who may not be on an appropriate employment list, and/
or for such temporary assignments to cover for periods of paid leave and leaves
of absence without pay. (Amended 12/22/87; 4/17/90)
(Section VI Amended 8/19/2014, Res. 195-2014)
Requirements
for Accomplishing Transfers.
Upon his/her request, an employee may be transferred from his/her position to a
vacant position in the same class or, in a class requiring related knowledge,
skills, and abilities at the same salary range or within 5% above the salary
range at the fifth (5th) step. The transfer is subject to approval of the
department with the vacant position and the Personnel Director. The actual date
for employee transfer is to be arranged between the department heads. (Res.
222-90, 4/17/90)
SECTION
VIII - PROMOTIONAL EXAMINATIONS
When,
in the judgment of the Personnel Director, a position can best be filled by
promotion from within the County service, he/she may hold promotional
examinations.
Competition
will be restricted to:
1.
Permanent and probationary employees
who possess the necessary qualifications for the class.
2.
Exempt employees in budgeted
positions who were appointed as a result of a competitive exam process as
determined by the Personnel Director. A competitive exam process includes a
posting of the job announcement; a filing period; a measurement of the relative
job related knowledge, skills, and abilities of the candidates through one or
more tests; and a departmental hiring interview resulting in an appointment of
one of the finalists.
3.
Exempt employees in budgeted
positions who previously held probationary or permanent status in a classified
position.
4.
Employees who were appointed through
competitive examination and regular certification procedures, and who completed
a probationary period for their class prior to layoff so long as their names
remain on a re-employment list.
With
the exception of persons on re-employment lists, to be eligible for promotional
certification, an eligible must meet the criteria listed in 1, 2, or 3, on the
filing date for the examination, on the date the eligible list was established
and at the time of appointment to the promotional class. (Revised 1/15/80;
9/23/81; Res. 222-90, 4/17/90)
SECTION IX - TRAINING
Responsibility for Training Program.
The Personnel Director shall be responsible for developing courses of training
to instruct employees in the better performance of their duties, in the
policies and objectives of the County government, in good safety practices, and
to prepare those in the lower ranks for advancement to the position of higher
responsibility.
SECTION X - EMPLOYEE PERFORMANCE
EVALUATION
A.
Rating Period.
Employees shall be evaluated on the following basis:
1.
Six Month Probation.
Employees serving a six month probationary period shall be evaluated at three
and six months during their probationary period.
2.
Nine Month Probation.
Employees serving a nine month probationary period shall be evaluated at three,
six and nine months during their probationary period. (Added 1/28/14)
3.
One Year Probation.
Employees serving a one year probationary period shall be evaluated at three,
six, and twelve months during their probationary period.
4.
Permanent Employees.
All permanent employees shall be evaluated at least once each year.
B.
Special Evaluations.
Permanent employees may be placed on a special two-month evaluation schedule at
any time when performance problems exist. Permanent employees receiving an
annual performance evaluation with an overall rating of unacceptable, or short
of standard will be placed on a special two-month evaluation. The special
evaluation will continue at two-month intervals until the employee has attained
an overall performance rating of standard or is subject to discipline up to and
including dismissal. Once the employee attains an overall performance rating of
standard, he/she will be removed from special evaluation treatment. The maximum
time period that an employee can remain on continuous special evaluation is six
months. Employees who are unsuccessful in attaining an overall performance
rating of standard or better during a continuous six-month special rating
period will be subject to discipline up to and including dismissal from County
employment, subject to the appeal rights regarding disciplinary actions
specified elsewhere in these regulations.
The
Personnel Department shall be notified in all cases where an employee is to be
placed on special evaluation. Such notification shall consist of a copy of a
memo to the employee which includes: a statement of the special performance
problems leading to the special evaluation; the date that the performance
problems were discussed with the employee; the type of performance improvement
that is necessary; and the date that the special evaluation period is to begin.
Should other performance issues arise during the special evaluation period,
such issues should be addressed through other means.
This
section does not limit the County's right to discipline, up to and including
dismissal, an employee at any time, with or without a special evaluation.
Evaluations are not to be used as discipline.
C.
Evaluation Methods and Reports.
The evaluation methods shall be so devised as to gain significant facts
concerning the details of the quality and quantity of work performed, the
conduct and work habits of the employee, and other factors having a bearing on
his/her value to the service. Such facts may be reported by supervisory
employees or may be determined by investigation by the department head, or
both, and the evaluation based on such facts shall be forwarded to the
Personnel Director. (Evaluations shall be on forms and under procedures
prescribed by the Personnel Director.)
D.
Use of Evaluation Results.
The results of performance evaluations shall be taken into account in the
following ways:
1.
In authorizing step increases within
a salary range as provided by ordinance.
2.
The general record of service, as
well as specific and immediate charges, will be taken into account when
disciplinary action against an employee is proposed and the penalty, if any, is
assessed.
E.
Appeal of Evaluation Ratings.
1.
Upon presentation of the employee
performance evaluation, the employee should discuss it with the supervisor,
including any rating or comments that he/she believes is improper. If still not
satisfied, in addition to signing the evaluation, the employee should place an
"X" in the space provided by his/her signature to indicate he/she
wishes to discuss the report with the reviewing officer. The employee shall be
given a copy of his/her performance evaluation at that time. The supervisor
shall then notify the reviewing officer that the employee has requested a
meeting.
2.
The reviewing officer shall discuss
the evaluation with the employee within ten (10) working days after the
employee received his/her copy of the performance evaluation report.
3.
If an employee wishes further
consideration beyond the review by the reviewing officer (or if the reviewing
officer fails to respond within the period specified above), the employee,
within five (5) working days following the meeting with the reviewing officer,
shall prepare a written request as follows to his/her appointing authority:
a.
identifies the report by stating the
date of the report, the name of the rater, and the date the report was
received;
b.
specifies the ratings or comments
which he/she believes are incorrect;
c.
states the rating or comments he/she
believes should be made on the report;
d.
gives facts substantiating each
change requested; and
e.
keeps a copy of his/her written
request and sends the original to the appointing authority.
4.
Upon receiving this request, the
appointing authority has ten (10) working days to either sustain or change the
report of performance and notify the employee of his/her decision in writing.
In case of a change in the report, a copy shall be included with the decision.
5.
An appeal to the Personnel Director
on a performance evaluation can be made only after the departmental remedies
outlined above have been exhausted. Within ten (10) working days after
receiving the appointing authority's decision, or within ten (10) working days
after expiration of the ten day period for the appointing authority to respond
and no response is received, the employee may present his/her appeal in writing
to the Personnel Director. However, a report with an overall rating of
"meets job standards," "exceeds job standards," or
"outstanding" cannot be appealed to the Personnel Director.
The
Personnel Director shall hold an informal, closed hearing to consider
evaluation appeals. In considering such appeals, the Personnel Director shall
be guided by the Civil Service Commission's policy "Scope of Authority - Employee's Performance Evaluations
(Amended 1/20/94)." The Personnel Director's decision shall be final and
binding.
Should
the appointing authority for a performance evaluation appeal be the Personnel
Director, the County Administrative Officer shall act as the hearing officer
under the same authority and requirements as apply when the Personnel Director
is serving as the hearing officer.
6.
Within 30 days from the filing of
the appeal, the Personnel Director shall schedule a hearing on the matter. Said
hearing shall commence as soon as practical. (Added 4/27/93)
7.
Continuance of Evaluation Appeal
Hearing. The parties may stipulate to continuance of a hearing by written
agreement, which lists three alternate dates for the continued hearing.
Continuances may otherwise only be granted by the Personnel Director upon
advance notice with a showing of good cause. In no event will an appeal be
continued beyond 90 days from the date of the scheduled hearing. (Added
4/27/93)
(Amended
4/12/84; Reissued 6/84; Amended 4/27/93; Amended 2/1/94; Amended 10/17/06, Res
339-2006; Amended 4/17/07, Res 110-2007; Amended 1/28/14, Res 10-2014)
SECTION
XI - LEAVES OF ABSENCE
A.
Military Leave.
Any employee required to perform active military service shall be granted the
leave of absence provided by law.
B.
Leave of Absence Without Pay.
Any employee having permanent status may be granted a leave of absence not to
exceed one year, on the recommendation of the department head and approval of
the Personnel Director for the purpose of improving his/her training for
his/her position, or in the case of extended illness for which sick leave with
pay is not available, or in the event of urgent personal affairs requiring the
full attention of the employee.
C.
Return from Leave of Absence.
The granting of a leave of absence to an employee guarantees the right of
his/her return at its expiration, or an earlier date mutually agreed upon by
the department and the employee, and any person appointed to fill the vacancy
during the leave holds it subject to the prior right of the employee on leave.
An employee failing to return upon expiration of the leave shall be regarded as
having automatically resigned. (Amended 9/15/81; 1/4/83)
D.
Involuntary Leave of Absence Without
Pay for Medical Reasons at Direction of Appointing Authority.
(Added 6/4/85; Res. 311-85; Amended 9/17/85; Res. 523-85)
An
appointing authority may, with the prior approval of the Personnel Director,
place an employee on an involuntary leave of absence without pay for medical
reasons. Conditions and requirements for such leaves are described below.
1.
Placement of a Leave Employee.
If an employee on leave of absence for illness or injury wants to return to
work or intends to return to work and there are sufficient grounds to believe
that the employee may not be able to perform the assigned duties, the
department head may place the employee on an involuntary leave of absence
without pay with proper notice until: (a) the employee provides additional
information on his/her medical condition including any work limitations; or the
employee completes another medical examination to determine fitness for duty
including any work limitations; and (b) the department receives and evaluates
the required information and determines that the employee is fit to return to
work or what accommodations, if any, can be made to the employee's work limitations.
The department may make reasonable accommodations to permit the employee to
return to work in a modified capacity or modified conditions for a specified
period of time.
Each
of the following conditions must be met in placing an employee on such an
involuntary leave of absence without pay.
a.
The Personnel Director reviews the
circumstances, information available and the recommendation of competent
medical professionals, and determines that there are sufficient grounds to
approve such leave.
b.
The department provides the employee
with a written notice of the leave which identifies beginning and ending dates,
the reason for the leave, any conditions for the leave, and the appeal process.
c.
The department must proceed with due
haste in a timely manner to schedule any medical examination it desires for the
employee, and in reaching a decision after the result of the examination and/or
additional information from the employee's physician is received.
d.
The Personnel Director shall set
review dates on each such leave, with the first review no later than 30
calendar days from the beginning of the leave.
e.
At the discretion of the department,
any approved leave may be terminated and the employee returned to work before
the ending date established for the leave.
2.
Placement of a Current Employee.
With proper notice, an appointing authority may place an employee on an
involuntary leave of absence without pay when he/she believes, based on
statements of the employee or other information, that the employee has medical
or health problems which endanger the safety of the employee or others, or
which prevent or limit the performance of the employee assigned duties. Such
leave, which may be based on performance, is not punitive but is for diagnosis
and treatment purposes and, when relevant, to maintain the safety of the
employee and/or others.
Each
of the following conditions must be met in placing an employee on such an
involuntary leave of absence without pay:
a.
The Personnel Director reviews the
circumstances, information available and the recommendation of competent
medical professionals, and determines that there are sufficient grounds to
approve such leave.
b.
The department provides the employee
with a written notice of the leave which identifies beginning and ending dates,
the reason for the leave, any conditions for the leave, conditions for return
from leave, and the appeal process.
c.
The Personnel Director shall set
review dates on each such leave, with the first review no later than 30
calendar days from the beginning of the leave.
d.
At the direction of the department,
any approved leave may be terminated and the employee returned to work or paid
status before the ending date established for the leave.
3.
No leave of absence, whether
voluntary or involuntary or a combination of the two, shall exceed one year.
4.
Any appeals of leaves of absence in
accordance with (1) and (2), above, shall be limited to the issue as to whether
or not there are sufficient grounds for an involuntary leave.
5.
"Proper Notice" Defined.
"Proper notice" means a written statement from the department and
sent to the employee prior to action taken. The notice shall include a copy of
the provisions of this section.
This section of the Civil Service
Rules has been replaced by layoff provisions as outlined in the Memorandum of
Understanding with each employee bargaining unit.
It is intended that the layoff
provisions outlined in Memoranda of Understanding for employee bargaining units
also apply to unrepresented employees in the classified service. For such
employees, an appointing authority may make an exception to retain an employee
who possesses essential skills; provided, however, that such exception is
subject to the review and approval of the Personnel Director. Appeals of the
Personnel Director's decision may be made within 5 calendar days of the receipt
of the notice, to the County Administrative Officer, whose decision shall be
final.
SECTION XIII - RESIGNATION
A.
Notification by Employee.
Any employee desiring to leave the County service shall do so by filing his/her
resignation in writing with the department head prior to the effective date of
his/her resignation. The resignation shall be deemed to be accepted upon
submittal by the employee. (Amended 2/5/85; Res. 17C-85)
B.
Requirements for Reinstatement.
Any employee who has had permanent civil service status may be reinstated to
his/her former class, a related class within the same occupational group
requiring comparable qualifications at the same salary range, a lower level
class within the same class series, or any other class at an equivalent or
lower salary range in which the employee had previously attained permanent
status if he/she resigned in good standing and if, within two years from the
date of resignation, there is a vacancy, and his/her reinstatement is
recommended by the department head with the vacancy and approved by the
Personnel Director. Employees granted reinstatement will serve a probationary
period of six months from the date of the reinstatement regardless of the
length of probation served during the prior service.
SECTION XIV - DISCIPLINARY ACTIONS
A.
Authority.
Employees may be dismissed, suspended by the appointing authority for a maximum
of 30 calendar days, or demoted as provided in the Civil Service Ordinance,
except that an employee who has been removed from his/her position under the
federal law implemented by the Department of Transportation (DOT) regulations
shall not return to work until he/she has had a reasonable time to satisfy all
DOT requirements even if the requirements take more than 30 calendar days to
complete.
B.
Causes for Disciplinary Actions.
The following may be considered as causes for dismissal, suspension, reduction
in compensation or demotion, although dismissals, suspension, reductions in
compensation or demotions may be made for other causes:
1.
Fraud in securing appointment.
2.
Incompetency.
3.
Inexcusable neglect of duty.
4.
Physical or mental limitations
rendering the employee incapable of performing the essential functions of the
position after considering reasonable accommodation.
5.
Insubordination
6.
Unauthorized or wasteful use of
public funds, supplies, and equipment.
7.
Drunkenness on duty.
8.
Addiction to use of narcotics or
habit-forming drugs.
9.
Inexcusable absence without leave.
10. Conviction
of any felony or of a misdemeanor involving moral turpitude.
11. Discourteous
treatment of the public or other employees.
12. Willful
disobedience.
13. Violation
of the Civil Service Ordinance or rules of the Commission.
14. Negligent
or willful damage to public property.
15. Dishonesty
C.
Procedure Relating to Criminal
Action.
1.
Criminal Action Alleged or Charged.
Where the facts alleged in the letter of discharge or reduction constitute a
crime, or where the employee has been charged with a crime arising out of the
same transaction, and the employee has requested a hearing, he/ she may, at any
time at least one day before the date of the hearing, request a continuance of
his/her civil service hearing for a reasonable period to determine whether a
criminal charge will be filed or until after termination of the criminal case.
Such a request must be accompanied by waiver of salary for the period of that
continuance in case the employee is reinstated.
2.
Employee Convicted of a Felony.
The Personnel Director shall be informed as soon as possible of the conviction
of a felony of any employee regardless of the nature of the offense. The
appointing authority shall consult with the Personnel Director and County
Counsel prior to determining whether to continue the employment of the employee
in view of the felony conviction. Any disciplinary action of an employee based
on a felony conviction shall be subject to all the other provisions of this
Section, including those pertaining to notices, appeals and hearings of
disciplinary actions. (Conviction of a felony is a disqualification from
employment for employees who are peace officers, pursuant to Government Code
Section 1029.) (Amended 9/16/86; 4/7/87; Res. 177-87)
D.
Notice of Disciplinary Action.
Notice
of disciplinary action shall be served by personal delivery to the employee at
the work site. The date of such delivery shall initiate the period in which an
appeal may be filed.
1.
If personal delivery to the employee
at the work site cannot be accomplished, notice of disciplinary action shall be
served by mailing a copy of the notice by certified mail to the employee, with
addressee's signature required. The date of receipt shall initiate the period
in which an appeal may be filed.
2.
If receipt of addressee is not
received, in 1 above, notice of disciplinary action shall be served by leaving
a copy of the notice at the employee's residence in the presence of a competent
member of the household and by thereafter mailing a copy of the notice (via
first class mail, postage prepaid) to the employee at his/her residential
address. Service of the notice in this manner shall be deemed complete on the
10th day after such mailing for purposes of computing the time limit for filing
an appeal.
3.
If service of the notice is
attempted, under 2 above, on two separate days, but neither the employee nor
any competent member of the household is found present, notice of disciplinary
action may be made by thereafter mailing a copy of the notice (by first class
mail, postage prepaid) to the employee at his/her residential address. Service
of the notice in this manner shall be deemed complete on the 10th day after
such mailing for purposes of computing the time limit for filing an appeal.
Actions
taken to effect service of a notice of disciplinary action should be documented
and a proof of service should be complete. (Added 4/12/84) (Amended 1/86)
REFERENCE:
CIVIL SERVICE RULES SECTION VI (E) - LENGTH OF PROBATION PERIOD
ONE
YEAR PROBATIONARY PERIOD CLASSES
All
Department Heads and Executive Management classes included in Civil Service
have a one year probation period.
Accountant I
Accountant II
Accountant III
Accounting Analyst
Accounting Manager
Agricultural Weights & Measures Inspector I (5/86)
Agricultural Weights & Measures Inspector II (5/86)
Agricultural Weights & Measures Inspector III (5/86)
Appraiser I (5/24/00)
Assistant Chief of Fiscal Services-HSA
Assistant Vector Control Manager (7/96)
Attorney I-DA (5/13/89)
Attorney I – Public Defender (6/28/22)
Audit/Systems Manager
Auditor I
Auditor II
Auditor III
Auditor IV (5/24/00)
Auditor/Appraiser I (5/24/00)
Central Collections Supervisor (5/8/90)
Chief of Fiscal Services
Child Support Attorney I (6/19/01)
Criminalist I (7/17/14)
Criminalist II (7/17/14)
Criminalist III (3/12/24)
Communications Technician I (1/10/06)
Communications Technician II (9/85)
DA Inspector I (1/18/84)
DA Inspector II (1/18/84)
DA Inspector III (6/19/01)
Department Fiscal Officer (6/84)
Deputy Agricultural Commissioner/Sealer (11/01)
Deputy Probation Officer I
Deputy Probation Officer II
Deputy Sheriff
Deputy Sheriff Trainee (1/10/89)
Forensic Services Director (8/28/18)
Group Supervisor I
Group Supervisor II
Latent Print Examiner (11/06/07)
Latent Print Examiner Trainee (11/06/07)
Principal Accountant-Auditor (11/19/09)
Property Tax System Coordinator (5/19/2015)
Public Defender Investigator I (6/28/22)
Public Defender Investigator II
(6/28/22)
Public Defender Investigator III
(6/28/22)
Public Works Maintenance Worker I
Sanitation Maintenance Worker I
Senior Accountant-Auditor (11/19/09)
Senior Software Systems Analyst
Sheriff Corrections Officer
(1/10/89; 1/10/06)
Sheriff’s Coroner
Investigator I (5/11/21)
Sheriff’s Coroner
Investigator II (5/11/21)
Sheriff’s Supervising
Coroner Investigator (5/11/21)
Tax Collection Supervisor
Tax Manager (11/7/17)
Treasury/Tax Collection Manager (1/05/15)
Vector Control Specialist (7/96)
Vector Ecologist (5/19/2015)
Welfare Fraud Investigator I/II (4/16/09)
NINE MONTH
PROBATIONARY PERIOD CLASSES
Benefits
Representative Trainee (1/18/14)
Orig: 3/1/77; Updates: 6/7/77; 7/26/77; 9/6/77; 11/3/77; 3/2/79; 6/12/79; 2/12/80; 3/11/80; 10/22/80; 5/22/81; 12/21/81; 1/18/64; 6/12/84; 2/21/85; 9/19/85; 1/10/89; 5/8/90; 6/11/91; 5/2/95; 9/12/95; 4/1/97; Resolution No. 154-2000 5/24/00; Resolution No. 276A-2001 6/19/01; 6/4/02; 1/10/06; Resolution No. 110-2007, 4/17/07, Resolution No. 307-2007, 11/6/07, 4/16/09, 11/19/09, Resolution No. 10-2014, 1/28/14; Resolution No. 195-2014, 8/19/14; Resolution No. 151-2015, 5/19/15; Resolution No. 221-2015, 9/01/15; Resolution No. 237-17, 11/7/17; Resolution No. 185-18, 8/28/18Resolution No. 108-2021, 5/11/21; Resolution No. 193-2022, 6/28/22; Resolution No. 48-2024, 3/12/24
POLICY WITH RESPECT TO ABOLISHMENT
OF ELIGIBLE LISTS
The Civil Service Rules (V.J.) provide that "eligible lists
shall remain in effect for a maximum period of two years subject to the needs
of the various departments as determined by the Personnel Director." It
has been the Personnel Department's practice when a department requests
abolishment of an existing list (or to conduct a new recruitment) to
automatically review the list for: date established, number of names on list,
and inclusion of qualified individuals. If there are an adequate number of
apparently qualified individuals on the list, we strongly urge the department
to call for the list. However, the Personnel Department has not forced use of
the list.
If there are an adequate number of
names on the eligible list and the department requests abolishment, the
department will be required to document in writing to the Personnel Department
why the individuals should not be considered. If the department requests
another recruitment (and thus commingling of the new list with the existing
list), the department will be required to offer to interview all persons on the
existing list, and may require written documentation as to why the individuals
should not be considered. The Personnel Department may then determine that:
1.
abolishment is not approved and
certification of the list stands;
2.
abolishment is not approved but a
new recruitment is approved in which the new list is commingled with the
existing list; or
3.
abolishment is approved and new
recruitment is approved.
(If #1, above, is applied where
protected class individuals are under-represented in the workforce and the
department is not in agreement with the determination of the Personnel
Department, the matter will be referred to the Equal Employment Opportunity
Officer for resolution in accordance with the County's Equal Employment
Opportunity/Nondiscrimination Policy.)
Approved by the Civil Service
Commission 1/12/83, Revised 10/17/01, 1/15/09.
POLICY OF THE CIVIL SERVICE
COMMISSION OF SANTA CRUZ COUNTY
EVIDENCE REQUIRED - DISQUALIFICATION FROM EXAMINATION, SELECTION, APPOINTMENT
PROCESS
It is the policy of the Civil
Service Commission of Santa Cruz County that, should a person be disqualified
at any stage in the examination, selection or appointment process on the basis
of the findings by an expert (e.g., physician or surgeon, or clinical
psychologist), the person who is disqualified shall be responsible for
providing evidence to the contrary from another expert before their appeal is
heard by the Commission.
The Commission may then choose to
hear the appeal, or the Commission may choose to submit the findings of the
experts to a third expert source for a recommendation. (Approved by the Civil
Service Commission 12/13/84)
POLICY OF THE CIVIL SERVICE
COMMISSION OF THE COUNTY OF SANTA CRUZ
SCOPE OF AUTHORITY - EMPLOYEE'S PERFORMANCE EVALUATION
The scope of the Personnel
Director's authority in considering appeals of employee's performance
evaluations pursuant to Civil Service Rule X E 5, shall be as set forth below.
I.
SCOPE
The
focus of the Director's review is limited to the current evaluation only. This
is what is being appealed to the Director. Although the parties may introduce
prior evaluations of the individual as well as letters of accommodation or the
like, the scope of the appeal is limited to the current evaluation before the
Director. The Director cannot take action on established documents, such as
earlier evaluations.
II.
AUTHORITY
The
Director clearly has the authority to uphold the department's evaluation of the
employee's performance. The Personnel Director also has the authority to, if
s/he wishes, refer the evaluation back to the appointing authority for further
review.
However,
beyond these two actions there are practical limitations on the authority of
the Personnel Director. On one hand, the hearing of the Director is, of
necessity, limited duration. On the other hand, the evaluation covers a period
of from several months to a year, and is intended to reflect the employee's
performance in a day-to-day operation with which the Director is unfamiliar,
and may cover technical areas where the Director also has little or no
expertise. It appears that the practical effects of these limitations are:
a.
that the Director should not
superimpose or substitute his/her thoughts based on the hearing in the
evaluation of the employee's performance. It does seem reasonable that, where
phrases are inappropriate, misleading, or nonessential, the Director has the
authority to strike those phrases;
b.
that the Director can assign an overall
rating of "satisfactory," but not any higher possible overall rating.
(A satisfactory overall rating would make the individual eligible for any step
increase that would result from the evaluation.)
Approved by the Civil Service
Commission 7/24/91
Amended by the Civil Service
Commission 1/20/94
POLICY ON DISCIPLINARY ACTIONS
In order to clearly communicate to
management, supervisors and employees the elements of disciplinary action, the
following definitions will be applied by the Civil Service Commission in
hearing appeals of disciplinary actions:
STAGE I - ORAL COUNSELING/ORAL
REPRIMAND
A.
Counseling
Counseling
in a broad sense includes any informal discussion with an employee designed to
assist him/her to fully develop his/her skills and abilities. Usually, the
immediate supervisor counsels the employee. The discussion may clarify
information or solve problems. When there is a performance or behavior problem,
counseling is usually the action taken to assist the employee in clarifying and
remedying the problem.
How
the counseling interview is conducted is important. Ideally, counseling will
resolve the problem early and avoid the need to take punitive action. It is
important that this area not be overlooked when training supervisors and
managers. Counseling training should include the do's and don'ts of the
interview as well as the need for proper documentation.
B.
Oral Reprimand
The
oral reprimand notifies the employee that his/her performance or behavior must
be improved. Oral warnings are given by supervisors when counseling has failed
to produce the desired result or the behavior is clearly unacceptable.
The
reprimand defines the areas in which improvement is required, and, for
performance problems, sets up goals leading to this improvement, and informs
the employee that failure to improve will result in more serious action.
Although
the supervisor makes a note of the date, time, and content of the reprimand, no
record is placed in the permanent personnel file unless subsequent action is
necessary.
Stage
I actions are excluded from appeal under these provisions.
STAGE II - WRITTEN REPRIMAND
A written reprimand is a formal
notice to an employee that disciplinary action will be taken unless his/her
behavior or performance improves.
The written reprimand advises the
employee in writing of the consequences of failing to improve his/her
performance or behavior, and should contain the following:
1.
What occurred?
As basic as this sounds, many letters of reprimand fail to identify what has
happened.
2.
The date and time
of the event which is the cause of the reprimand or the period of time when the
performance problem exists.
3.
What rule, policy, or contract
provision has been broken or violated by the employee? Be specific
and spell out the entire rule or reference the specific portions of the rules,
policies or contracts which are readily available to the employee.
4.
What the employee is directed to do
to correct the situation. Avoid general statement; be specific; include time
lines when appropriate.
The written reprimand is prepared in
triplicate. Copies are kept by the supervisor, given to the employee, and filed
in the employee's personnel folder.
The employee should be advised of
his/her appeal rights as provided immediately below.
Procedure for appeal of Stage II
action:
1.
An appeal of an action under Stage
II must first be made to the employee's supervisor within 5 working days of
notice of the action. The appeal must focus on the facts of the action.
2.
An appeal of an action under Stage
II may be made to the appointing authority within 5 working days of receipt of
the supervisor's response to the employee's appeal. The appeal must focus on
the facts of the action.
3.
An appeal of a Stage II action may
be made to the Personnel Director within 5 working days of notice of the
action. Such appeal is limited to process. The determination of the Personnel
Director with respect to process shall be final.
STAGE III - SUSPENSION/DEMOTION
A.
Suspension
Suspension
is the temporary removal of an employee from his/her duties without pay. The
maximum period an appointing authority can impose is 30 calendar days, except
that an employee who has been removed from his/her position under the federal
law implemented by the Department of Transportation (DOT) regulations shall not
return to work until he/she has had a reasonable time to satisfy all DOT
requirements even if the requirements take more than 30 calendar days to
complete. Suspensions are normally taken in cases involving serious misconduct
or chronic behavioral or performance problems which have not been corrected.
An
employee may in some instances be suspended on the spot. Such action is
reserved for cases where, for example, the employee's continued presence
constitutes a clear threat to the safety of other employees or to the public.
Under current case law, such suspensions are limited to five working days.
Suspension
action is instituted after consultation with the department management and the
Personnel/Employee Relations Division and County Counsel.
B.
Demotion
Demotion
is the removal of an employee from his/her present class to a lower class.
Suspensions are usually preferred over demotions. Demotions may be appropriate
when the employee's performance was acceptable in a lower class, but the
employee has shown that s/he cannot function at a higher (e.g. supervisory)
level.
Failure
to meet the requirements of promotional probation is not considered
disciplinary action.
The
standards for documentation under Stage III are:
a.
There has been demonstrated
"cause" for the action.
b.
The action is incident specific, or
reflective of a range or pattern of specific incidents.
c.
Time limits for response and/r
appeal are clearly communicated to the employee.
d.
There is equal application to all
staff under the same circumstances and to which the same expectations apply.
Appeals
of Stage III actions to the appointing authority are governed by case law, as
stated in the Notice of Intent, and for certain employees, State law (Public
Safety Officers Procedural Bill of Rights).
Appeal
of a Stage III action may be made to the Civil Service Commission within the
time limits and provisions of the County Code and Civil Service Rules governing
disciplinary actions. (See attached County Code Section 3.24.030.) The
determination of the Civil Service Commission on this matter is final.
STAGE IV - DISMISSAL
Dismissal is the permanent removal
of an employee from service. This action should only be taken when management
is satisfied that the employee has been given sufficient opportunity to meet
performance or behavior standards and has clearly failed to do so, or for gross
misconduct which cannot be tolerated. Dismissal is seldom used for a first
offense unless the violation is so serious that no other response is
appropriate.
The standards for documentation
under Stage IV are:
a)
There has been demonstrated "cause" for the action.
b)
The action is incident specific, or reflective of a range or pattern of
specific incidents.
c)
Time limits for response and/or appeal are clearly communicated to the
employee.
d)
There is equal application to all staff under the same circumstances and to
which the same expectations apply.
Appeals of Stage IV actions to the
appointing authority are governed by case law, as stated in the Notice of
Intent, and, for certain employees, State law (Public Safety Officers
Procedural Bill of Rights).
Appeal of a Stage IV action may be
made to the Civil Service Commission within the time limits and provisions of
the County Code and Civil Service Rules governing disciplinary actions. (See
attached County Code Section 3.24.030.) The determination of the Civil Service
Commission on this matter is final.
EXCLUSIONS
Under existing rules of the Civil
Service Commission, probationary employees may not appeal actions defined as
discipline (i.e., suspension, demotion, dismissal).
An employee cannot appeal his/her
release from a probationary promotional appointment; however, if s/he was
permanent in the class from which promoted, s/he can appeal a dismissal from
that class.
Approved by the Civil Service
Commission 10/15/92; rev 12/9/92
CIVIL SERVICE COMMISSION
POLICY ON INTERVIEWING REQUIREMENTS FOR OPEN AND PROMOTIONAL ELIGIBLE LISTS
1.
The Personnel Department, working
with the employing department, will make every effort to assure equal
employment opportunity to employ the most qualified workforce. It is the goal
of the Personnel Department to maintain a diverse workforce by continually
evaluating, monitoring, tracking all levels of employment in all categories and
occupation groups; and maintaining a county wide EEO plan as required by
federal laws.
2.
Departments that are
under-represented by total department and/or by occupational categories as
indicated in the County Equal Employment Opportunity Plan will be required to
conduct interviews for open or promotional eligible lists under Civil Service
Rule VI.B.4.e.2 for vacancies in occupational
groups where they are under-represented. The Personnel Department will notify
all eligibles so certified of their right to an interview and the department
must interview all certified eligibles responding within five days of the
notice.
3.
In the event there are no
under-represented group members on the eligible list, the Personnel Department
will make a determination on whether to re-recruit after consultation with the
Equal Employment Opportunity Program Manager.
4.
In the event that approval to
interview from a list with no under-represented members is authorized, the
department may conduct interviews under Civil Service Rule VI.B.4.e.1 or VI.B.4.e.2 as desired.
Approved by Civil Service Commission
1/23/93 revised 3/11/93; Board of Supervisors 3/23/93