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03-017
~,.o~~svp,~~•., j..nn ~1 Q'~ .I~ ~: df ~ . • ~~ ~~f ~~; :U1i ^ ~* ~~ *~ s,~; ~. •i BOARD OF SUPERVISORS COUNTY OF BUTTE, STATE OF CALIFORNIA Resolution No, o3-oi7 RESOLUTION OF THE BUTTE COUNTY BOARD OF SUPERVISORS AMENDING THE BUTTE COUNTY PERSONNEL RULES WHEREAS, the Board of Supervisors finds it to be in the interest of the County to amend. the Personnel Rules. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of the County of Butte hereby amends the Butte County Personnel Rules as outlined in the Attachment - Exhibit A. PASSED AND ADOPTED by the Butte County Board of Supervisors this 14`" day of January 2003 by the following vote: AYES: Supervisors Dolan, .Josiassen, Yamaguchi. and Chair Beeler NOES: tiane ABSENT: Su;~ervisor iloux NOT VOTING: None ATTEST: PAUL MCINTOSH, Chief Administrative Officer And Clerk of the Board of Supervisors Rr Ja FEELER, CHAI'~ .. Y' - ~-'- Dcputy Personnel Rules Exhibit COUNTY OF BUT"I'E MERIT SYSTEM AND PERSONNEL RUI.F.S Amended Through January- 2003 Prepared by: Butte County Human Resources Dept. 25 County Center Drive Oroville, CA 95965-3387 {530) 538-7651 ~erscnr -a Rules p i;~e 1 Personnel Rules Table of Contents RESOLUTION NO. ..................................................................................................................................1 2 DEFiNITIONS ...........................................................................................................................................................1 ALPHABETICAL LISTING OF DEFINITIONS .........................................................................................................3 2.a4 REASONABLE CAUSE ...................................................................................................................................10 ADMINISTRATION ........................................................................................................................................................ 1(l A D M INISTRA TiON ........................................................................................................................................................ 10 3.1 HUMAN RESOURCES' DIRECTOR ................................................................................................................. 11 3.2 AMF.NDMF,NT OF RUI.ES .................................................................................................................................. I1 3.3 SERVICES ............................................................................................................................................................... 11 3.4 PERSONNEL RECORDS ..................................................................................................................................... 11 3.5 PAYROLL RECORDS .......................................................................................................................................... 11 3.6 PERSONNEI. FORMS ........................................................................................................................................... il 3.7 VOLUNTEER RECORDS .................................................................................................................................... 11 3.8 DESTRUCTION OF RECORDS ......................................................................................................................... 12 3.9 RECORDS ACCESS .............................................................................................................................................. 12 3.LU EXTENDING COVERAGE TO OTHER AGENCIES ...............................................................................12 3.11 EMPLOYEE ELIGIBILITY ............................................................................................................................12 3.12 EXEMPT POSITIONS ......................................................................................................................................12 4 AFFIRMATIVE ACTION PROGRAM .............................................................................................................12 Yi TRPt)Sl? ......................................................................................................... ------ ...............................................................12 UI3JLC'I'I V1; ....................................... _........................................................... ............................................................... 13 PL~1N ........................_.........-......._..............................._................................. ...............................................................13 I'ersonnellnventory ............................................... --- .................._.......... .---.._.-......... - -~-- -...............................13 Clucsi icatrnn .............................................................................................. --~--- -- ........................................._....................14 Selection Process ............................................................ -....................... ...............................................................1-1 Recr-aritmcnt Proccdur-e..........._ ................................................................. ...............................................................14 L)iscrinrincxtion Cotrr ~Icxints ....................._............................-........._......... ........................ •-- ~ ......................14 IZISPONSII3I I ,ITIF 5 ...................................................................................... ...............................................................15 The Director- Humata IZc.courees ........................................................._.. ....................._........................................IS :4nnointinQ Authorities ............................................................................... ...............................................................1 ~ 4.5 SEXUAL fiARASSMEN'T POLICY ....................................................................................................................1i F :~3~; :<~ ~r ~,~ ~_. Personnel Rules GENERAL PoI,IC1~ ................................................._........................................................................................... .......... I5 RESPONSIBILITIES OF EMPI,OTEES .AND SI'PERK'ISORS ........................ .... ................_................_...................... I6 NON-COMYI,IANCE WITEIYOLICY-..._....._ _ - --~ ......................................................................_.._.._........__....._...16 4.6 EMPLOYMENT OF PERSONS WITH DISABILITIES ................................................................................I( 4.7 EMT'LOYEES WITH LIFE-THREATENING ILLNESSES .....................................................................IB ("on tdenticzliti' ...................................................................................................... ~- - ..... ....._... -...................It3 dual "lreatment ......................................................_......................_...................................... ..................................19 BHnY lt~S ......................................................................................................................._..._....... ..................................1 y Alanae ernent ............................................................................................................................ ..................................19 (ledical.4uthorih~ .................................................................................................................... --- -- ...................... _........-.311 F,ducationat Pro~ranr for Cnunty Empl~rYc:es .................._.-...--............................................. ..................................20 .New F,nzplo_yee Brochure ..............._........._...................................................,......................... ..................................3D liducational F,rn~~~ee Pro rg arr1,S ..................................................._..-_................................. ........_........................?1 5 CLASSIFICATION OF POSITIONS ................................................................................ ..................................22 CLASSII;ICATION PI,AN ......................................................................................................... ............................._._22 AMENDING THI3 GI,ASSff{ICA'TION YL,AN ..................__..............._._.._...................._..... ..................................22 ALLOCATION OF POSITIONS ................................................................................................ ---- _--- ..................................22 SPLI"I' POST"TIONS............_..........._ ........... . ............................................................................ ..................................22 POSITION RFCI,ASSIFICA`1'ION ............................................................................................ ..................................22 fi APPLICATION, QUALIFICATIONS, CERTIFICATION AND APPOINTMENT ..................................23 RI/CRITITMFNT ........................................_..........................._........._...-.............._.....-............. ..................................23 ~'1I'PI,ICATION FOR FXAMINAI'ION .................................................................................... ................_._.............23 VE"n?RANS' PREITRENCE I'OIN"1'S ................................................................................................ ............................. 24 RI',I,F,~'.ANT E?~:PF,RIENCE ............................................................................................................... ..................................24 UALIFICATIONS .........................................................................................................................................................24 PROMOTIONAL AND OPEN EXAMINATION PROCESS ...................................................................................25 EXAMINATION REVIEW .............................................................................................................................................25 SELECTION PROCESS APPEAL ................................................................................................................................25 RTIFICATION ............................................................................................................................................................26 ELIGIBLE LISTS .............................................................................................................................................................26 FS'rAI3I,ISHMENT OF LLIGIBI,I', LIS'I'5 ........................................_.............................. ......................................................2fi COMPOSTI'IONOF'I',I,IGIRI,}~,I,IS'I' ..................................................._ ........_.._.... --- -- ............................_........................26 CERTIFIC.ATItIN FROM COMPARAI3I,}', I LIGII3LE LIST .............................................. ......................................................26 IF'FF,C'1'IVF, DA"I'F, OFF,I.,ICriBL,F, I,IST ..............................._...................................._.. -- - ..........._.........................................26 DURA'rlON OF I~LI(iIBLE LIS1' ................................................................................... ......................................................26 F,`iH.AIIS"rION OF I;I,IGiIBI,E I,IST ............_ .........................._.............................._..... .....................................................26 _ MERGING }L1GII3LE I,1STS .. ................................................................................. ......................................................2f> ORDER OF F,LIGIBL,E I,ItiTS ............._........._....-_....................................._................ ......................................................27 RI:rN s'r:A'1-I~,Mrhr I asTS .. .......................................................................... _............ ......................................................27 CONTACTING III,IGIBLES ............._..................-_-_.._................._......_.................... --- ......................................................27 WAIVERS ..........................._...................................................................................... .._..................................................27 PL.ACI?h1I?N1' OF FI,IGII3I,F;S INACTI~'E ...................._............................ _................... ......................................................27 INAC'1 IVI: I~LIUIBLES ................................................................................................. ......................................................27 CERTIFICATION OF NAMES .....................................................................................................................................2K r'-:a<~ Personnel Rules REIN sTATI; MIr,Nr LI s"r To I, aYOPr~ DE P:~aRTMEN"r ............. .... .................... ........................................ ..........................2 8 RI:INSTA'I~MI?NT LIST TO OTHER DEP:,R`I'MIN"1'S ..................................... ...--_...-.._-- - -............................................28 PROh-SOTIONAl, ANI~ OPF,N I_,t,IGIBLE I,ISTS ................................................ .............................................................-- ..28 LIST Vb~;1IVI;R ............................................................................................... ....................................................................28 SII,L;C°I'Iti7? CI',R-I-IFIC~1"I-I(?N ................................_._................................... ....................................................................28 (.10 APPOINTMEN'I'S .......................................................................... ....................................................................28 PRevISION:aI . ........................................_.................................................... ...........................................................----.....29 EA'"I'RA HE1,P ................................................................................................ ....................................................................29 ADMINISTRATIVI: APP(~L\"TI~1F,NfS ............................... - ........_.......... ......_..........................._.......--._...................29 EMGRGF.NCY fLPPOINI'MI;IV 1-S ..................................................................... ....................................................................3(} NEPOTISM ...................................................._...................._........................ ....................................................................i0 UNllERI~fLI,ING ....................................................................._..................... ....................................................................30 R1;I',MPI,OYhII=,NP ......................................................................................... .................................................................... Q PROMOTIONS WIT7IIN CI,i1SSII'IC 1'TION S1;RII;S ......................................... ................_............................................._...30 "I~F,R144 APPOINI~MI?NT ............................................_.................................... ....................................... --..........................3(} 7 CONDITIONS OF EMPLOYMENT ...................................................................................................................32 7.1 STATUS OF ADMINISTRATIVE APPOINTEES ........................................................................................... 32 7.2 PROBATIONARY PERIOD OF NEW EMPLOYEES .................................................................................... 32 7.2.1 EXTENSION OF PROBATIONARY PERIOD ........................................................................................... 33 7.3 PROBATIONARY PERIOD OF PROMOTED EMPLOYEES ..................................................................... 33 7.4 PROBATIONARY PF,RIOD OF DEMOTED EMPLOYEES ........................................................................ 34 7.5 HOURS OF WORK ................................................................................................................................................ 3-I 7.6 ATTENDANCE ....................................................................................................................................................... 3-I 7.7 POLITICAL ACTIVITTES ................................................................................................................................... 3a 7.8 OUTSIDE EMPLOYMENT ...................................................... 7.9 PERFORMANCE REVIEW ........................ ..................................34 .............................. 3 ~ 7.1(1 PROMOTION AND VOLUNTARY DEMOTION ......................................................................................35 7.11 NOTICE OF DISCIPLINARY ACTION .......................................................................................................36 7.12 MEDICAL DEMOTION, TRANSFER, TERMINATION, OR RETIRE,MENT ...................................3(- 7.13 LAYOFF ........................................................................................................................... SENIORITY LIST SCORE COMPUTATION.__._.._._.._._..._..__ ......................................... ORI)IR OF SEPARATION IN REDUC"LION-IN-FORCI~ ............... _............................. I,AYOI~F_NOTICE ................_.......................... - ...-............................................................ DEMO"TION IN I,II?IJ OF L_AYt)FF .................................................... ............ - ....... LAZ'OFF RFINSTA'I'I_MEN'I' ................................._..................._.......................................... LAYOFF -PROBATIONARY EMI'LOYI',lS ..................................................................._... 7.20 SEPARATION ...................................................................................................................... r.~flr~ ~ i _~,~ ___ ............................... 3 7 ............................... 37 ...............................3 8 --..._..-.. - .......... ~8 ............................... 3 8 ............................... 3 9 ...............................3 9 ...................3 9 ~~~~ 4 Personnel Rules a. I:(fecttve I)ate ..........................................................................................._.................................. ...................~s9 h. RB u.SCxl to SLff)rT11t [~7"tttC't1 R&~t~i7lXt10Y1 ................................................................................. ...... ...................4~ e_ Chcxrtge of Effective Date......._ ............................................................._ -~- -.....__................... ...................40 d. Absent [Without I,c:crve ................................................................................................................... ...................4O 8 ALCOHOL AND DRU G ABUSE POLICY .................................................................................... ...................40 Pull}~OSE ....................................................................................- _._....................................................... .........._.......40 POLICY ................................................................................................................ . .................................... ...................4i AI'PLICA'1'IONS ................................................._......._..................................._....................................... ...................42 F,MPI,OYI;I RISPONSIBILITIIS ......................................................................._...-............................. ...................42 MANAGF,MINT I2FSPONSIBILITIES AND C;UIDILINES .............................................................. ...................43 DRUG OR ALCOHOL `TES'TING ANDIORYIIYSICAL I?XAMINA"TION PROCIDURl~ ... ........ ---- -- ...._............44 RF,SUI,TS OF DRUG ANDJOR ALCOHOL ANALYSIS ..................................................................... ...................44 I're-emlrloyment Physicczls ........................•.-........................................................................................... ..................44 I~ur-ingEmYlovmentYhysicals nrAlcnhol/I~~Tests ......................................_................._.............. ..................44 CONK'IDI;NTiAI,ITY ............................................................ _.._............................................................... ...................4~ TESTING PROCESS AND STANDARDS .................................................................................._.......... - - - --- .............- --45 MI?DICAI, RF,VIF,W OFFICER ..............................................................................._............................... ...................47 9 EMPLOYEE SAFETY ................................................................................................................................................47 SAFETY PROCIRAM ................................................................................................................................. ...................47 Putnczse .................................................................................................................................................... .................. 47 (~hlective .................................................................................................................................................. ..................47 flan ... .................................................. . . .. ........................................................................................... ..................47 A uthnrity .................................................................................................................................................. .................. 47 Yolk ~ .................._....................._......................................................_........................................-............ ..................48 9.2 VOLUNTEERS BOARDS AND COMMISSIONS .........................................................................................48 9.4 TRUCK DRNER PHYSICAL EXAMINATIONS ...........................................................................................48 9.5 REIMBURSEMENT FOR EMPLOYEE PERSONAL PROPERTY I.OSS ................................................48 10 EMPLOYEE RELATIONS ...................................................................................................................................5 FILING OF RL~COGNITION PB'I'I'I'ION 13Y EMPI,OYII ORGANII,A'I`ION ................................................ COi7NTY RESPONSF_, TO RECOGMTION PETITION ..................................................................................... ---- OPF?N I'I~RIOD FOR FILING. CI~IALI,INGING P}3TI'I"ION .............................................................................. EI,F,CTION PROCh,DiJRI~ ............................. - _................................................................................................. PROCEDITRT~.FOR DICER"Tff;ICA1`ION OF 1~COGNI/,h,I) I?MPLOYFF ORGANI7A'TION .................. .....~ 1 .....52 ....52 .....53 .....53 POLICY AND STANDAItI)S FOR DE'TERMINA"hION OF APPROPRAATEI UNIT'S ......................._.. .....5~ PROCEDURI FOR MODIFICATION Oh' ISTAI3I,ISHED APPROPRIATE UNTI'S ................._.................. .....55 1PPF,AI, S .................................................................................................................................................................. ..... ~6 SUBMISSION OF CURRIN"I' INFORMATION BY RF,COUNI7_.ED EMPLOYEE ORGANI7ATIONS ..... .....56 PAYROLL DIDUCI`IONS ON BEHALF OF I~MPLOYF;I~ ORGANILA'TIONS ............................................ .....~6 EMPLOYEE ORCrANILATION ACTIVITIES-US}~ OF COUNTY RlSOURCES .................................... .__57 ADMINISTRATIV] RUI,I~S AND PROCEDURES ..... .................................. ............................................. .....57 INITIATION Oh' IMPASSI? PROCF,I)IJRI,S .............................................................................................._........ .....57 IMPASSE PROCIDURIS ................................._................................_.._............................................................. .....57 COSTS OF IMPASSI; PROCI;DIJRES ............................................................... . - ......................._............... ..._59 CONSTRITCTION......_ .............................................. - -- - ......_...................................................................... ..-__- .....~9 SFVIRAI3II,I'I'Y ................................._.............................................. - ......_................................_.................... .....~9 11 COMPENSATION ..................................................................................................................................................(U ] 1.1 PREPARATION OF COMPf;NSA"TION PLAN .................................................................................... .....GO 11.2 ADOP"TION OF COMPI;NSA"PION PI,AN ............................................................................................ .....6O 11.3 APPI,ICATiON OF COMPENSATION RATI~S ..................................................................................... ....60 P~rsonr~:>,1 R~i7 ~.~, Paq~ 5 Jan `0 Pers©nnel Rules 11.4 COMI'I~,NSATION PAYMFN'F SCIIIDtT[,F,...... ............. ........................................... ........................._60 Schedule owntenl ........................................................................................................._.......... ............................6~ Corti uation ................................_._...........................................................-......._..........------....-.... ......................_....61 S~ar•atinn ........................................................................ _ ............................................................ ............................ b 1 11.5 COMI'F,NSA`t10N A`F FII1t1NG-----_.._ .......................................................................... ............................61 :~~ew Em plow es ............................................................................................................................. _ ........................... 61 .Advanced Step Ilirin,Y....._ ............... ........................................._...._........................................... ............................61 __ It'ormer Em plovees ............................................... _.............................-..................................... . ............................ ~2 11.6 MERIT ADVANCE:M1sNT_WITIIIN RANCiI? .... ...................................... .__........... ...........................62 Perforntance Report Reyuired... ......._ ..................................................................................... ......_...._.. ---.....Ci2 Period n~linplovrnentReyuirec~ or MeritAdvancentent....__.-_ ..............................__.-_......... ..............._...._.._.62 R~`ew 1'mployr:es ........................................................._................................................................... ............................6? Promotion or-I~enx,tinrt_........_ ......................................................._.................... ---......__......... ............................62 Trans er or 1%oluntcziy I7ernotion ................... . ............................................................................ ..................... ......62 C6tratr~,,e in Range .Atlocatiort .........................._............................................................................. ............................62 Position Rcclasrr rccrtc~rt ........................ ..........._ .................................. ............................ ..........................62 Step :1 dlustnrents........ _... _ ............................................................................................................. ............................ 62 F ective I)ate ................................................................................................................................ ............................63 Ilegralar 1'ar•t-Tit~te G;m~lnvees ............................... .......... ................................ ........... ............................ f3 11.7 PROMOI'ION .......... ........................................................................................................ ... ......._..............63 11.8 D13MC)"t10N.- - .............__............................. ........... ..............................._................. ............................63 11.9 I,11'I'FRAL TRANSFER._ .........................................._...................................................... ........................_..f>3 11.10 VOLCTNTARY DF;MOTION ............................................................................................. -- ............................64 11.11 CIIANGF, IN RANG13 AI,LOCA`I'I(7N ................................._......................................... ............................64 11.12 POSITION RT~,C;I,ASSIFICA7'ION .............._................-.................................................. --- ............................64 Re_classr~rration <~ No E.ltan~e in .S'ala_rv ................................................................... .............. ...........................65 Rccla.rsi rcatron to Po.rrlmrt Y~'ith Iligher~SalarylZanQe...._.._ .................................................. -~ -- - ............................6~ Recla.rsifcation to Position II%ith Lower Salary Ran~e .............................................................. ............_..............6~ C,han~,>e In C'lussi tcatian Titte Only ..........................................._........................._..................... -- ............................6~ PF,CIFY SALARY ............................................................ AUTHORITY TO S 11.13 130ARI~ ............................65 _ _ 11.14 OVERTIMh ........... ............. ............................................................................. ........... ........................GS Policy .................................................................................................... _........................................ ............................ ~5 tf'ork Period ........................................... -.........._................................................................. --- - ............................66 Auihorization forOverzime [~T~urk._ .............................................................................................. ............................66 Recnrdr_~rfC)ver-time [Fork-and.lustification ......................................_....................................... ............................66 I~eportirt~ Paid Overtime ......................_.........................................................................----......... ............................66 C)vel'tlme ~~(?n1pCn.ratJnn ................................................................................................................ ............................~~? T'rin,~el3cnejitsNot/lfj ~ u-d,hyOvci4_ime ......................................... ~ .........._.._ ~ -............... ............................66 Overtime orC'allhack ................................................................................................................... ............................nb Isz'en~rt En~rlq~~E es ......................................................................................................................... ....•---....................6b Isxlra Help Linploye es..........._ ...................................................................................................... ........._...- -...........6F 11.15 13II,INGIIAI, PAY RIFF'ERFN`TIAl ......................................_......................................... ............................67 11.16 TEMPORARY ASSIC;NMI;NTS TO IIIGHL~,R 1,F;VEI, CI,ASSII~IC'A"PIONS .......... ........... .. ..........67 t ieneral ......................................................................................................................................... -- ............................67 I acanl Positions......_ ................. ..................................._........................................._..............-. ........... ---..........fi8 Back tllin~ Po.rttrort.r ..........................................................................................."".-..................... ............................C1ty OtherCirctrnt.rlances ...................................................................................................-- -._....... .:........ - .........b8 11.17 SHIFT DIFFERF,NTIAI,PAY ........................................................................................... ............................68 l2 BENF.FITS ................................... VACATION 1,F,AVF ................................... SICK I,13AVE .............................................. I`rnployee Sick Leave .............................. Sick. Leave $uv_Back~n .................. ---- Criticallllness in I~antily ...................._. I?ers:,nn l F: ~1•~s Rev ~< ~ .., ~,} ... ............... ..............69 ................... ..............70 ................... .............. 7Q ................... .............. 7tJ ................... .............. 7tl Personnel Rules 12.2.1 FAMILY CARE AND MEDICAL LEAVF ....................................................................................................71 BEREAVEMENT LEAVE ..............................................................................................................................................78 12.4 LEAVE OF ABSENCE .....................................................................................................................................79 LI~4ITED I,EAVE .......................................................................... ..._............_.... ......................................._.... 79 1:a~rr;Nl>r;D I,EAVr :................................................................................................................................................_._...... 79 INDI)STRLAI, I)ISAI3II,I'I'Y LEAVE WI'T'H F'AY .................. --_................................................................................ 79 INDUSTRIALDISA}3ILITY LEAVE WITIIOIiT PAY ....................................._...................---........... ............... ~ -.._........ 79 Ii!III,ITARY I,EAVF .................................._........... _...................- ....................................................................... --- 80 ~TEMF'ORARY ASSIGNMIN'P "1'O I~ II,L A POSITION ............................................................................................................ 80 I30:1RD LEAV"E ................................................................................................................ ...._....................................... 80 12.5 HOLIDAY LEAVE ............................................................................................................................................ 80 i~}',SIGNA`11iDI1OLIllAI'5.........- - ....................................................................................................._.................. ~0 PEIZSONAI,IIOLIllAYSck SPF,CLAI,~AGA1"ION ESN'CII],El`9:wI'S ................. .. ......................................................... $I COMPI?NSA"I"ION IN LIEU C)F TIC', C)FF ..............................................................................................._.......................... $I 12.6 JURY AND WITNESS LEAVES ...................................................................................................................81 12.7 REST BREAKS ............................................................ 12.8 RETIREMENT .............................................................. 12.9 HEALTH PLAN ...................................................................................... I iLIGII3I I,I'rY ... ... _ .... ......................................................... _........................ PRIMII?M ................................................................................._........................... RI~;`I'IRI?D EMPI,c}7"}E UPTIONS -- - _....--....-- - - .......................... ...._-. PIRS s~z fety m e m berr ..................................................................................... PERS rniscellaneorzs mernhers..........._-.._-_........_........-..--•---._..._-..._....._... CONTINUA"I`ION OF COVERAGE ............................................................................ 12.10 TRAVELAND EXPENSES .................................................................. 12.11 UNEMPLOYMENT INSURANCE ............................... 12.12 DEFERRED COMPENSATION PROGRAM ....................... APPENDIX «A~7 _EPA .............................................................................. I -sue:- t ...~ ,.,> rev „an ,_. ........................ 81 ........................................................... R 2 ........................................................... 8 2 ....................................................... ... ~ 2 .... ...................................... _.K2 ......................................................... .. 83 ................. _..................................... .. ~ a ........................................................ ... N 3 ........................................................... 8 3 ........................................................ 8 5 ........................................................86 ........................................................... 8 7 7 Personnel Rules Resolution No. RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF BUTTE ESTABLISHING RULES FOR THE ADMINISTRATION OF THE MERIT SYSTEM AND PERSONNEL PROGRAM WHEREAS, by ordinance adopted on June 15, 1976, the Board of Supervisors reenacted Article VI of Chapter 2 (Section 2-27 to 2-37) of the Butte County Code to provide for the establishment of a Merit System and Human Resources Program to regulate the appointment, advancement, and removal of persons in the employ of the County; and WHEREAS, Section 2-~8 of Article VI of Chapter 2 of the Butte County Code, as reenacted, provides that the Board of Supervisors shall by resolution adopt rules providing for the administration of the Merit System anal :Human Resources Program; NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors that the rules for the administration of the Merit System and Human Resources Program under Article VI, Chapter 2 of the Butte County Code shall be as follows. PURPOSE The purpose of these rules is to set forth those procedures which concern the following matters: administration of the Merit system; classification of positions; compensation plan; recruitment and qualifications of applicants; employee benefits; appointment, performance, promotion, and separation of employees; attendance and leaves; services and records; employee relations; affirmative action; training; and safety. 2 DEFINITIONS The following Section Numbers have been deleted in exchange for an alphabetical listing of definitions which follows this list: (2.1 ADEO[IATFNO77CI OFAC'7ION) (2.2 AI~ML'VISIIlA IIVI API'OINT'I~IF'NI) (2.3 ALLOCA77ON) (2.4 AI'Pf1A1) (2. ~ .APPOINTING A UT HOIUl~) (2.6 .gPPO1~71t7F,.NT I)A IZ%) (2.7 APPROPRIATF.I~NIT) (2.~' BOARD) (2.9 BtIDGf~7' UNIT) (2.10 C'ILII, RICH7S C()1iIP1,IAlvC'F OII%ICI:IZ) (2.11 CLASS OR (.:LASS OF'POSI770N) ~.. ~1 i:~~ ~ ,., r = _~,. L Personnel Rules (2.12 CLASSII ICA TION PLAN) (2.13 C'I,ASS SF,RIES) (2.14 CLA~S"SIh7~- SF,R ~~~t'F) (2.1 S (Deleted) ) (2.16 (Deleted) ) (2.17 COMPI:NSA7I;D I;MPLOYMENI) (2.18 ('OMPEIV.SA lIt1N) (2.19 COMPIsIV~SATION PLAN) (2.20 CY)NI7DEN71 AL EMYI OYES) (2.21 COtINI"Y) (2.22 t:RI71('AI, II,I,NF;SS) (2.23 DAYS) (2.24 DI;MO17ON) (2.25 DEI'AR1MIs7N1) (2.26 DISCIZIMINA LION) (2.2 7 DISCIPI INAI2Y A C77ON) (2.28 EMF,'RUF;NCY) (2.29 EMERtJE?VCYAPPOIN7MEN%) (2.30 F.MPLOYI~:E) (2.31 I;'MPI,OYF,E ORGANI7_A ZION) (2.32 F1MP~OYEE RI.~~ATIONS OFFICER) (2.33 F,MPI,OYIa;I:7'}'PIi) (2.34 EX771A HELP APPOIN7MEIV7) (2.35 MOUI~S) (2.36 IMMF;DIA lI' FAMILY) (2.3 7 IMPA.S 5f) (2.38 MANACIIMENT CO~~NCIL) (2.39 MANAGI;MEIVI'IMPI,OYI;'E) (2.4o MEDICAL CA t ~:s~) (2.41 MFRI T ADVANCFIMENT) (2.42 ML;IZI7' AID G'AN(:I~:M11N7' I )A %L) (2.43 NEPOTISM) (2.44 PTRIy'OIZNIANCls RE'1~7F;W 1?A71~) (2.45 PI'IZNIANEIVI'.SIAT(I,S) (2.46 POS'I'17ON) (2.47 PROBA77ONAIZYPI{;I2IOD) (2.48 PROBATIONARYSIATUS) (2.49 PRt?BA 1'IONARY RFII'C'TION) (2.50 PROFESSIONAI, I:MPLOYI~f) (2.51 1'ROMOIION) (2.52 PROOF UI~' f~:MPI,OYF,E' SIIPPOIZI) (2.53 PROG'ISIONAL APPOIN'IMI:IVI) (2.55 RECOtTNI7_EI? EMPI,O3~FF ORGANI7A `LION) (2.56 RF,GCI,AR APPOIRJIMF,NI) (2.57 (Deleted) ) (2.58 SUPERSISORYF'I~IPI,OYEE) K~v Jran `(3 Personnel Rules (2.60 .S't T.SI'INSIC~1~) (2.61 II~4N:S7~~;I1) (2.62 UNI~FRFIIIING) (2.63 UNIT C)F' ~SF;RVIC'F,) (2.64 VARI~~IS WORTS) (2.65 VOI ZINTARYTF,'IfiOTION) (2.66 VOII~NTEERS) (2.67 WORKTA Y) (2.68 YRAII) (2.69 TERM If.MYLOYL~) (2.70 ANNI>'I~Il.S~RYTAIT) (2.71 RI;C7I,A.S.SIIiICAI7ON) (2.72 SALARY RANGE) ALPHABETICAL LIST NG OF DEFINITIONS: ADEQUATE NOTICE OF ACTION: Where provisions of these regulations require that a party or parties concerned be delivered, served, or notified of actions, notification by letter to that party or parties' last known address shall constitute adequate notice of action. ADMINISTRATIVE APPOINTMENT: The appointment of a person to a department head position. ALLOCATION: The assignment of a classified position to a budget unit. ANNIVERSARY DATE: The date of the initial appointment to a Regular-Help position and each succeeding year thereafter, without a break in service. APPEAL: A written statement by the person affected which declares a personal belief that: a discharge, demotion, or suspension action was without reasonable cause; does not agree with a grievance ruling or the results of a selection process; or an action of discrimination has occurred. APPOINTING AUTHORITY: Any person, elected or appointed, who has responsibility to administer a county department or office, or who is a representative designated to perform these duties. APPOINTMENT DATE: The date of appointment to a regular status position within the Merit System. APPROPRIATE UNIT: A unit of employee classes or positions, established pursuant to these rules. BOARD: The Board of Supervisors of the County of Butte. BUDGET UNIT: Any number of classifications allocated together in a section of the salary ordinance for budgetary purposes. CATASTROPHIC LEAVE: A leave of absence related to a serious health related condition of a regular employee (or immediate family member) who has exhausted all their own paid leave through bona fide serious illness or accident. Catastrophic leave does not apply to such conditions as the flu, ~ -nor .:t ~~,~ i ~:., :~~ .~ Personnel Rules colds, conditions requiring less than a pay period's absence or to normal pregnancy (for those classifications represented by BCMEA, if the absence due to pregnancy is ordered in writing by the treating health care provider such absence may qualify for catastrophic leave). CIVIL RIGHTS COMPLIANCE OFFICER: The Director -Human Resources of the County of Butte or the Director's designated representative. CLASS OR CLASS OF POSITION: All positions sutJiciently similar in duties, authority, responsibility, and working conditions to permit grouping under a common title and the application with equity of common standards of selection, transfer, promotion, and salary. CLASSIFICATION PLAN: An orderly arrangement of positions under separate and distinct classes so that each class will contain all those positions which are sufficiently similar in respect to duties and responsibilities to meet the requirements as established under the definition of "class." CLASS SERIES: An orderly progression of closely related classifications arranged in a manner of ascending responsibility, skills, and duties. CLASSIFIED SERVICE: The positions in the classification plan as set forth in the salary ordinance which have not been designated exempt from the provisions of these rules. COMPENSATED EMPLOYMENT: Compensated employment shall be limited to the fallowing: • Wages far services performed; • Vacation credit; • Sick leave credit; • Holidays or holiday credit; • Bereavement leave; • Jury duty as set forth in section 13.6; • Paid military leave; • Compensated industi7al injury leave as set forth in these rules; • Compensatory time off for overtime worked. COMPENSATION: Salaries and wages paid to employees. COMPENSATION PLAN: The schedule of salary ranges or wage rates set forth in a salary ordinance for the various classes of positions in the classification plan. CONFIDENTIAL EMPLOYEE: An employee who, in the course of his ar her duties, has access to information relating to the county's administration of employer-employee relations on a regular basis. COUNTY: The County of Butte, and, where appropriate herein, the County Board of Supervisors or any duly authorized county representative as herein defined. CRITICAL ILLNESS: An illness of a member of an employee's immediate family of such serious nature to require the attendance of the employee. . crsc;nnFl ;u_es ~,~_~ 4 F~av Joan `(i3 Personnel Rules CURRENT EMPLOYEE: A regular full or part time employee who is a who is on compensated status- DAYS: As used in these rules, days shall be calendar days unless specifically stated. DEMOTION: The involuntary movement of an employee from one class of position to another class of position for which the employee qualifies which has lesser responsibilities and a lower salary range. DEPARTMENT: One or more budget units grouped together by the Board of Supervisors under the supervision and control of one appointed or elected department head. DISCRIMINATION: Any action against a person by reason of race, national origin, politics, religion, age, sex, marital status, or disability which denies such person equal employment opportunity. DISCIPLINARY ACTION: Disciplinary action means dismissal {except far probationary release or rejection, including promotional probationary release), demotion (except for demotion due to layoff or reduction in farce), reduction in compensation, suspension without pay, and written reprimand. Disciplinary action may betaken by the appointing authority, or his/her designated representative, for just cause and reasonable cause as set forth in Section x.54 of the Personnel Rules. EMERGENCY: A situation in which quick action and judgment are necessary though they may not avert undesirable consequences. EMERGEI<'CY APPOINTMENT: The appointment of a person. for no mare than 30 days without using merit system principles because the pasitian is critical and essential to the operation of the department. EMPLOYEE: Employee is a person legally occupying a position in county service. The salary or wage of such position has been authorized by the Butte County Board of Supervisors in the salary ordinance. EMPLOYEE ORGANIZATION: An employee organization is any lawful organization which includes county employees and which has as one of its primary purposes representing employees in their employment relationships with the county. EMPLOYEE RELATIONS OFFICER The Director -Human Resources of the County of Butte or the Director's designated representative. EMPLOYEE TYPE: • Red>ular.full-time employee: An employee appointed to fill an a regular full-time basis a budgeted position Shawn in the salary ordinance. ~Zegular~art-time e~ta~loyee: An employee appointed to fill on a less than full-time basis a budgeted position shown m the salary ordinance. • FXtrcz hel~t~ emph3yee: An employee temporarily appointed to supplement the County work force because of unusual work load activities or relief. ~~_~.~~ ~:.~,~ ~s 5 4:~ E Personnel Rules EXTRA HELP APPOINTMENT: The temporary appointment of a qualified person to a position on a relief or unusual workload basis_ HOURS: As used in these rules the hours reported shall be work hours. The smallest portion of an hour reported shall be two-tenths (2110) of an hour. IMMEDIATE FAMILY: The following members of an employee's family: spouse; natural, step, or legal child or parent; brother; sister; brother-in-law; sister-in-law; grandchild; grandparent; mother-in-law and father-in-law; daughter-in-law; son-in-law. IMPASSE: The representatives of the County and a recognized employee organization have reached a point in their meeting and conferring in good faith where their differences on matters to be included in a Memorandum of Understanding, and concerning which they are required to meet and confer, remain so substantial and prolonged that further meeting and conferring would be futile. LATERAL TRANSFER: The movement of an employee into the same classification within a different department or a classification for which the employee meets the minimum qualifications and the salary is within 4.9% above or below the current rate of pay comparing step one of the current class to step one of the proposed classification. MANAGEMENT COUNCIL: An organization composed of appointed and elected County department heads. MANAGEMENT EMPLOYEE: An employee having responsibility for advising, formulating, administering, or managing the implementation of County policies or programs or performing professional services for the County (i.e., attorneys and doctors). MEDICAL CA[1SE: The condition or conditions existing which may justify the medical demotion, transfer, or termination of an employee. Medical cause may include but not be limited to the following: • Inability to do satisfactory work due to iil health. • physical inability to perform the required work. 'v Jan `C;3 Personnel Rules MERIT ADVANCEMENT: A salary increase within the limits of the pay range established for a class. MERIT ADVANCEMENT DATE: The date on which an employee is eligible for a merit advancement. NEPOTISM: The appointment in a department of a member of any employee's immediate family to a regular or extra help position. PERFORMANCE REVIEW DATE: The date upon which an employee's scheduled performance report is to be completed by an appointing authority is as follows: • At the end of the first (3) three months of the employee's probationary period. • At least (30) thirty days before the end of the employee's probationary period. • At least (30) thirty days before the employee's merit advancement date. • Annually for employees in the last step of the pay range at least (30) thirty days before the employee's anniversary of the last merit advancement date. PERMANENT STATUS: The status of an employee following the successful completion of a probationary period which entitled the employee to the rights and privileges provided in these rules. POSITION: A collection of duties and responsibilities which require the full or part-time services and employment of one person. PROBATIONARY PERIOD: The period of time following regular appointment during which an employee demonstrates satisfactory performance in order to justify the right to permanent status. PROBATIONARY STATUS: The status of an employee following appointment to a regular position during which the employee may appeal disciplinary actions and discriminatory actions. While m this status the employee may not appeal probationary rejection. PROBATIONARY REJECTION: An action by an appointing authority which results in the termination or voluntary demotion of an employee who, in the opinion of the appointing authority, fails to demonstrate satisfactory performance in the position. PROFESSIONAL EMPLOYEE: An employee engaged in work requiring specialized knowledge and skills obtained through completion of recognized courses of instruction including but not limited to attorneys, physicians, registered nurses, engineers, and various types of physical, chemical, and biological scientists. ~.~_ ;, .1 r~~~. _~ t- 7 ,.~,~ .~~n ,, _. Personnel Rules PROMOTION: The movement of an employee from one class of position to another class of position having greater responsibilities and a higher salary range. PROOF OF EMPLOYEE SUPPORT: • An authorization card recently signed and personally dated by an employee; or • A verified authorization petition or petitions recently signed and personally dated by an emplayee; or Employee dues deduction authorization, using the payroll register for the period immediately prior to the date a petition is filed hereunder, except that dues reduction authorizations for more than one employee organization for the account of any one emplayee shall not be considered as proof of employee support for any employee organization. The only authorization which shall be considered as proof of employee support hereunder shall be the authorization last signed by an employee. The words "recently signed" shall mean within (180} one hundred eighty days prior to the filing of a petition. PROVISIONAL APPOINTMENT: The appointment to a regular budgeted position when no eligible list exists of a person who meets the minimum qualifications of the position, for a period of time not to exceed (6) six months in duration or (60) sixty days following the establishment of an eligibility list for the position, whichever is less. REASONABLE CAUSE: See Section 2.54. RECLASSIFICATION: A change to an other classification that most accurately reflects the duties performed by the employee. RECOGNIZED EMPLOYEE ORGANIZA'T'ION: An employee organization which has been formally acknowledged by the county as the employee organization that represents the employees in an appropriate representation unit pursuant to these rules. RF,GiJLAR APPOINTMENT: The appointment of a person using merit system principles to a budgeted position listed in the salary ordinance SALARY RANGE: A salary range is compensation from step 1 to step 5 {or to step 6 far those represented by the Deputy Sheriffs' Association) that is associated with a specified classification. Where it is stated that an individual's salary will be placed at least one range greater than the current range this means the employee is guaranteed to receive at least 5% greater or lesser than the current salary as compared step to step. SENIORITY DATE: The date on which a regular employee began consecutive service with Butte County. Time worked in a Work Experience {WEX) position under the County Department of >~;mployment and Social Services program shall apply toward seniority using the same methods of calculation as apply under those rules. Rev Jain 'G3 Personnel Rules STANDBY: Standby means when an employee is required by direct order to: 1) Remain available and be ready to respond to calls within 2 hours from the time of notification 2) Be available by radio or telephone 3) Remain within a reasonable distance from work in order to respond to calls 4) Refrain from activities which may impair the employee's ability to perform assigned duties. .For those employees represented by the Butte County Management Employees Association, the order must be made in writing and there shall be no reprisals taken against an individual who is provided a pager or radio without formally being placed an standby and that individual is not able to respond to a page or phone call after hours. SUPERVISORY EMPLOYEE: Any employee, regardless of job description, regularly having authority in the interest of the county to hire, transfer, suspend, lay off, recall, promote, discharge, assign, evaluate, or discipline other employees; or the responsibility to assign work to and direct them; or to adjust their grievances ar effectively recommend such action; if, in connection with the foregoing functions, the exercise of such authority is not merely routine or clerical. in nature, but requires the use of independent judgment. SUSPENSION: The involuntary placement of an employee in anon-compensated status up to a maximum of (30) thirty working days as a result of disciplinary action by an appointing authority. TERM EMPLOYEE: The appointment of a qualified employee to a part-time or full-time position which has a fixed expiration date and which has been approved by the Board of Supervisors. For terms and conditions concerning the appointment of a Term employee, see Section 6.lOj. TRANSFER: The permanent movement of a regular employee from one budgetary unit to another budgetary unit. UNDERFILLING: The filling of a position with a lower classification authorized in the salary ordinance. UNIT OF SERVICE: The completion by a regular full-time employee of (l0) ten work days or the equivalency of compensated employment in a biweekly pay period. Regular employees working less than full-time shall accumulate a unit of service on a pro-rata basis. VARIOUS WORDS: Words used in the present tense include the future, except where the natural construction of this resolution otherwise indicates. Words in the singular number include the plural, and wards in the plural number include the singular; and the word "shall" is mandatory and not directory. VOLUNTARY DEMOTION: The voluntary movement either within a department or -~rsorn~;1 Ru1~a .;fie y Personnel Rules between county departments of a regular employee from one class of position to another class of position, with a salary range that is at least 5% less than the current range, and far which the employee is qualified. VOLUNTEERS: A volunteer is any and all persons allowed by an appointing authority to perform any service, activity or duty in the name of Butte County without compensation. WORK DAY: The nartnal number of hours of assigned work, excluding overtime, is eight (8) hours. An appointing authority may, in the interest of the county, modify the normal work day hours, provided the total assigned hours do not exceed 40 hours per week. "Y" RATE: A salary rate which may be assigned to an incumbent employee whose salary range has been reallocated to a lower salary range, shown in the salary ordinance, far which there is na comparable rate in the reallocated range. An employee may, when demoted or demoting for non-disciplinary reasons, be Y-rated at the discretion of the County. 2.54 REASONABLE CAUSE Reasonable cause refers to the condition or conditions existing which may justify the discharge, demotion, or suspension of an employee. Reasonable cause may include, but not be limited to, the following: a) Omission or willful misrepresentation of a material fact or other fraud in securing employment; b) Unsatisfactory performance; c} Inefficiency; d) Insubordination; e) Discourteous, or disrespectful treatment of the public or other employees; f) Failure to get along with other employees; g) Conviction of a felony; h) Political activity prohibited by state or federal law; i} Conduct either during ar outside duty hours which causes discredit to the department or the county; j) Unexcused absence from duty, abuse of sick leave or excessive absenteeism; k) Violation of a departmental rule or county policy; 1) Incompetence; m) Inexcusable neglect of duties; n) Dishonesty; o) The use of alcohol, drugs, ar medications which impair an employee's ability to effectively and safely perform job duties, p) Refusal to take and sign any oath or affirmation which is a federal, state, or county requirement; and q) Failure to possess or keep in effect any license, certificate, ar other similar requirement specified in the employee's position specification. 3 ADMINISTRA~FION ~~, so~i ~:;t ~~_i ~~_, F.ev ,'a;~ i,3 Personnel Rules 3.1 HUI~'lAN RESOURCES' DIRECTOR The Director -Human Resources shall be responsible for establishing procedures for the administration of rules as set forth in this resolution. An appointing authority may appeal an action of the Director -Human Resaurces to the Board. 3.2 AMENDMENT OF RUI,F,S These rules may be amended by resolution of the Board. 3. ~ SERVICES The Director -Human Resources shall make available to appointing authorities and employees such counseling and services as will assist them in Human Resources matters which are covered by, but not necessarily limited to, the provisions of these rules. 3.4 PERSONNEL RECORDS The Director -Human Resaurces shall keep a file for each employee and place in the employee's file a copy of the employee's application and any other Personnel records affecting the employee's status. The Director - I-Inman Resources shall have access to review any county employee's Personnel record maintained by an appointing autharity. 3.5 PAYROLL RECORDS The Auditor shall maintain such records which are necessary for payroll and retirement system purposes. The Director -Human Resources may inspect such records from time to time for the purpose of administering these rules. 3.6 PERSONNEL FORMS Every appointment, promotion, transfer, demotion, salary change, separation, or other information or action required which affects an employee shall be initiated on appropriate forms supplied by the Director -Human Resources. Such forms shall be used as prescribed by the Director -Human Resources. 3.7 VOLUNTEER RECORDS Each appointing authority allowing volunteers to participate in Butte County service activities shall maintain records of such service including the name of the employee or official authorizing the service, the name of the volunteer, the nature of the service, and the time the service was performed. Information concerning each volunteer shall be provided to the Director -Human Resources in a manner and farm prescribed by the Director -Human Resaurces. ~isonr Ru'..._ ~~ 12<.. Jan 'v Personnel Rules 3.8 DESTRUCTION OF RECORDS Any personnel record may be destroyed as provided by law. 3.9 RECORDS ACCESS An employee, or a representative authorized in writing by the employee, shall have the right during normal business hours to review said employee's individual personnel records. An appointing authority may have authorization to review an employee's personnel records. 3.10 EXTF_,NDING COVERAGE TO OTHER AGENCIES As determined by the Director -Human Resources, upon the initial extension of this merit system to another agency, an incumbent who has held regular status with the agency may obtain regular probationary status with the County by passing anon-competitive qualifying examination. 3.11 EMPLOYEE ELIGIBILITY All persons occupying regular-help positions on August 7, 1976, shall be recognized as meeting the minimum standards and shall be eligible to hold the positions they are filling. 3.12 EXEMPT POSITIONS Except as specif cally indicated, all elected and appointed department heads are exempt from the provisions of these rules. 4 AFFIRMATIVE ACTION PROGRAM 4.1 PURPOSE The County of Butte is an equal opportunity employer and is committed to an active Equal Employment Opportunity Program {ESOP). It is the stated policy of the County of Butte that all employees and applicants shall receive equal consideration and treatment in employment without regard to race, color, religion, ancestry, national origin, age (over 40), sec, marital status, medical condition (cancer related), or physical disability (including HIV and AIDS). A11 recruitment, hiring, placements, transfers, and promotions will be on the basis of individual skills, knowledge and abilities, and the feasibility of any necessary jab accommodation, regardless of the above identified bases. All other personnel actions such as compensation, benefits, layoffs, terminations, training, etc., are also administered without discrimination. Equal employment opportunity {EEO) will be promoted through a continual and progressive ESOP. r ~i;;:~ :, c:1 au' ~a P,ay , 12 Personnel Rules The objective of an ESOP is to ensure non-discrimination in employment and wherever possible, to actively recruit and include for consideration for employment minorities, women, and the physically disabled. The County of Butte will also conform with the Americans with Disabilities Act of 1990 (ADA, 42 TJSC Sections 12101 et. Seq., and US Department of Justice Implementing Regulations, 28 CFR, Part 35. The Director -Human Resources has been designated EEO Coordinator. Inquiries concerning the application of Federal and State laws and regulations should be referred to him/her. The coordinator is responsible for administering program progress and initiating corrective action when appropriate. A11 personnel actions are monitored and analyzed to ensure the adherence of this policy. Annual reports shall be submitted to the Chief Administrative Officer Project Direct, Executive Director for review and evaluation of progress. To achieve the goals of Butte County's ESOP, it is necessary that each employee and official, appointed or elected, understand the importance of the program and his/her individual responsibility to contribute towards its maximum fulfillment. 4.2 OBJECTIVE "I'he objectives for providing employment opportunity to persons fiom minority and disadvantaged groups are as follows: To achieve the employment of minority persons representative of the total county work force population, To provide opportunity to minority and disadvantaged persons to be employed in all classifications and departments including supervisory, technical, and administrative, as well as unskilled positions, on the basis of merit system principles. To provide procedures to resolve complaints of discrimination. 4.3 PLAN In order to fulfill the above described objectives, Butte County initiates an Affirmative Action Program which will include, but may not necessarily be limited to, the following actions: a) PersonnelInvento~ The base data for the establishment of affirmative action goals for the achievement of equal opportunity will be developed from an analysis of the county population and work force composition in accordance with the latest census data. Personnel Rules An ongoing analysis ofthe status of minority employment within the county service will be made by department, classification, and position. 'T'his analysis will be conducted by the Director -Human Resources with the cooperation of all appointing authorities. The Director -Human Resources will administer an ongoing statistical record system of all county departments, classifications, and positions pertaining to minority composition of the county working force. b) Classification The Director -Human Resources will conduct a program of occupational analysis, job redesign, and job restructuring. This will be accomplished by reviewing classifications to assure there are no arbitrary barriers and to provide opportunity for entry employment. Career ladders and lattices for upward and lateral jab movement will be analyzed and developed where feasible to remove career gaps within classifications. Job descriptions will be studied and rewritten if the feasibility of creating lower entry classes exists. c) Selection Process The Director -Human Resources will make efforts to insure that examinations are valid, job related, and non-discriminatory. Oral interviews will be conducted on a fair, equitable, and non-discriminatory basis. d) Recruitment Procedure The Director -Human Resources will: Identify the minority organizations within the geographic boundaries of Butte County; Obtain assistance from the minority organizations for job announcements and recruitment; and Develop and expand county involvement in special employment and training programs. e) Discrimination Complaints Any person filing a discrimination complaint against a county department shall use the following procedure: If a person believes there is reason to file a discrimination complaint against a county department, the person may request a confidential informal meeting with the CIVIL RIGHTS COMPLIANCE OFFICER within ten (10) days from the occurrence, or the -rson c1 biU~ ~~ ~.a~„ ]Q 1,e~.~ Jai; •~73 - Personnel Rules person's knowledge of the occurrence, which gives rise to the discrimination complaint. The Civil Rights Compliance ©fficer or a designated representative shall meet with the person within (5) five days after their request and discuss the complaint in an effort to clarify the issue, to investigate the complaint, and to work towards settlement of the complaint. The Civil Rights Compliance Officer shall verbally present a decision to the person bringing the discrimination complaint within (5) five days of the time of the informal discussion. 4.4 RESPONSIBILITIES a) _The Director -Human Resources The Director -Human Resources will advise the Board of program and budgeting take measures to insure that the resources allocated to the Affirmative Action Program are sufficient to achieve approved goals. The Director -Human Resources shall coordinate the implementation and interpret the provisions of this program. The Director-Human Resources shall monitor the effectiveness of this program and make periodic reports to the Board. b) Appointing Authorities Appointing authorities and county officials shall assist the Director -Human Resources in completing inventories of personnel. assigned to their department and in the implementation of the approved Affirmative Action Plan. Appointing authorities and county officials shall insure that supervisors and other personnel in their department understand and carry out the spirit of the approved Affirmative Action Program. Appointing authorities and county officials shall be responsible to insure that non- discriminatory employment practices are followed within the department of their authority. 4.5 SEXUAL HARASSMENT Pf.1L1CY a) General Policy Protection from sexual harassment is provided for in Section '703 of Title VII of the Civil Rights Act of 1964. Sexual harassment is defined as unwelcome sexual advances, requests f`or sexual favors, and other verbal or physical conduct of a sexual nature. Sexual harassment may include, but is not limited to: Conduct that is explicitly or implicitly made a term or condition of an individual's I L S:J:'] ltly hU~ cS vC,~~: ~, IICC ~.r vBP. ~~1 Personnel Rules employment; An employment decision based on the submission to or rejection of a sexual advance; Sexual or physical conduct that interferes with an individual's work performance or creates an intimidating or hostile work environment; Discriminatory employment decisions or conditions based on an individual`s sexual preference. The County of Butte prohibits sexual harassment by any employee. All conversations, discussions, meetings, written communications, or posters displayed by employees are to be free of sexually-suggestive comments or gestures. b) Responsibilities of Em~lawees _and Supervisors It is the responsibility of all employees to integrate the intent and philosophy of this policy into daily operations. The supervisor is responsible for creating a favorable working atmosphere for all employees, free from sexual harassment or discriminatory practices. The following actions shall be taken by supervisory personnel: 1. Express strong disapproval of inappropriate comments or acts; ~. Develop sensitivity among staff to the rights of others; 3. Inform employees of their rights and of how to use the complaint process. Additional action may be taken if indicated on a departmental basis to further educate employees about this policy. It is important to note that the County of Butte and/or individual employees could ultimately be held accountable for acts of sexual harassment, regardless of whether the acts were authorized or forbidden by the County, and whether management knew or should have known of the acts. c) Non-compliance with Palic_y Immediate disciplinary action shall be taken against individuals determined to be in violation of this policy. No manager, supervisor, or employee shall take any retaliatory action against any employee, agent, or volunteer in the services of the County for filing a sexual harassment complaint. Individuals who believe they have been sexually harassed are encouraged to file a complaint. The complaint should be fled with the Civil Rights Compliance OfI•icer, using the procedure described in Section 4.3e ofthe Human Resources Rules. A11 complaints will be investigated as set forth in this procedure. 4.6 EMPLOYMENT OF PERSONS WITH DISABILITIES Persons with disabilities who apply for employment require special consideration as part of the employment process. State and Federal laws require that job applicants are not r~~onre] Ru I <;~~ p<.ac 16 R<-.v Jan ~"+3 Personnel Rules discriminated against in recruitment, examination, selection, and other employment decisions. There continue to be changes in both the definition of persons with a disability and in what steps an employer may or may not take in making employment decisions. Generally, applicants with disabilities, or disabilities that are perceived by the public to be disabling conditions, are protected. These statutes include the California Fair Employment and Housing Act (Government Code Section 12900 et seq. `FEHA'), State Rehabilitation Act (Section 1135 of the Government Code) and Section 503 and 544 of the Federal Rehabilitation Act of 1973 (29 U.S. Code subsection 792-793). In addition to the general definition above, Federal law covers applicants with substance abuse problems and mental illness, while State law covers specific medical conditions. It is difficult to generalize how individuals with these conditions are protected under the iaw. The basic provisions of these laws prohibit requiring something different from applicants with disabilities than for those without disabilities. For practical purposes the disability of an applicant may not be considered until after a decision has been made to offer employment. When a candidate with a disability is offered a. position, it should be made subject to determining the extent to which accommodations will need to be made to have the job performed. These accommodations may involve such things as raising a desk in order that a wheel chair may be in the correct position for typing, allowing the use of the candidate's specially equipped vehicle when on County business, or other modification to the work. The appointing authority shall consult with the Director -Human Resources, or his/her designee, on all reasonable accommodation requests prior to taking action on the request. Accommodation would be for a specific position, not a class of positions. As an example: If a person has been accommodated in the Class of Social Worker III and a vacancy occurs in another division of the Department of Employment and Social Services, the process of selection, evaluation of the physical demands of the new position, necessary accommodation, etc., would need to be repeated to consider this person far the position in the other division. Accommodations, however, are to be reasonable and not place an undue hardship on the County to accommodate the disability. In order to properly consider accommodations, the limitations to performing the job without accommodation, the nature of the accommodation required, including cost and the extent of ongoing efforts to accommodate, need to be documented. Should an appointing authority determine that it would place an undue hardship on the department in accommodating a candidate with a disability, the candidate should be notified of the decision, along with the Human Resources Department. Such a decision shall not remove a person with a disability from the eligibility list far the class, unless all positions within the class would require the same accommodations. :r.;c,,~r ~1 Rul2s '~~~~ 17 R~~v 7~.,. `03 Personnel Rules Such factors as anticipated future health care costs, potential workers' compensation claims, or future disability retirement applications may not be considered in making the decision to hire a person with a disability. Both the probability of a candidate's having excessive absences from employment and the extent to which they may pose a danger to themselves and. others may be considered, but only after evaluating what accommodation could be made to reduce the effect of absences and reduce the danger they may pose to themselves or others. If the review determines that the measures necessary to reduce the impact of absences, or the hazards to them and others, create an undue hardship on the department, they may be denied employment. As with other employees and applicants, medical condition information is confidential and may only be released to supervisors or medical emergency personnel who would meet the test of having a legitimate need to know. 4.7 EMPLOYEES WITH LIFE-THREATENING ILLNESSES Butte County recognizes that employees with life-threatening illnesses, or those who are perceived to have alife-threatening illness, including but not limited to cancer, heart disease or AIDS *, may wish to continue to engage in as many of their normal activities, including work, as their condition permits. As long as these employees are able to meet acceptable performance standards and medical evidence indicates that the employee is physically and mentally able to perform the essential functions of the job, Butte County will support the affected employee's right to work. At the same time, Butte County also recognizes that it has an obligation to provide a safe environment. Every precaution should be taken to ensure that an employee's condition does not present a health, security, andlor safety threat to County employees, clients** or others. Butte County expects all of its employees to be sensitive to these issues, and to make every effort to treat employees consistent with this philosophy and the following guidelines: ~` AIDS -Acquired Immunodeficiency Syndrome (includes any person who has AIDS Related Complex (ARC) or is seropositive with Human Immunodeficiency Virus (HIV) as defined by the Centers for Disease Control). ** Client - a member of the public who is requesting or receiving services from Butte County and, as appropriate, may include an individual of the detention or correctional facility. a) Confidentiality. An employee's health condition is personal and private, and reasonable precautions should be taken to protect information regarding an employee's health condition. Communications regarding the affected employee's health condition, to the extent known, shall be restricted to those with a demonstrated job-related need-to-know. Personnel Rules Butte County understands that employees and supervisors may have questions and concerns when dealing with an individual who has alife-threatening illness; therefore, resources are available through the County Publie Health Department and Employee Assistance Program. b) Equal "Treatment Employees or job applicants who have alife-threatening illness may be covered by laws and regulations that protect them against discrimination on the basis of disability_ Questions by management relating to an employee's or job applicant's status as a disabled person should be directed to the Human Resources Department for consideration. Transfers of employees with life-threatening illnesses shall be made in accordance with the Butte County I luman Resources Rules, andlor labor and union agreements. Any transfers of co-workers of an employee with alife-threatening illness shall be made in accordance with County Human Resources Rules andlor labor and union agreements. Where it has been determined that continued presence of an employee with alife- threatening illness possess no health, security or safety risk to co-workers, clients, or others, transfers will not be granted on the basis of a perceived health, security, ar safety risk. c) Benefits Employees with life-threatening illnesses, provided that they are otherwise eligible, are entitled to all Caunty provided benefits including coverage under the County's sick leave plan. In addition, confidential consultation regarding employee benefits may be obtained through the County's Human Resources Department. The County, through its Public Health Department and L-'mployee Assistance Program, will provide access to agencies which offer supportive services to employees and their househald members who may be affected by alife-threatening illness. d) Management If the job performance of an employee with alife-threatening illness is a concern, management should contact Human Resources for assistance. Decisions will. be made in accordance with Butte County Human Resources Rules and/or labor and union agreements. The Human Resources Department should be contacted to determine if a statement should he obtained from the employee's attending physician that cantinued presence at wark will pose no threat to the employee, co-workers or clients. Reasonable accon--modations will be made to modify the affected employee's duties or I scnr~l ?l:lss ~ ~° ]y Personnel Rules work conditions consistent with the business needs afthe particular County department. Determination shall. be made on a case-by-case basis, in conference with Risk Management, Human Resources, County Counsel, and the employee's representative, if required. If it is necessary to temporarily increase a department complement in order to hire a replacement or partial replacement for an employee who is on paid sick leave or reduced hours due to alife-threatening illness, the department head shall contact the Chief Administrative Officer. The CAO may approve or disapprove such a temporary complement increase. For assistance in adding a temporary employee, the department should contact the Human Resources Department. Such a temporary increase in complement will continue at the discretion of the department's appointing authority or Chief Administrative Officer. Each department may develop specific guidelines to address needs specific to its department not already addressed by the policy and shall be developed in consultation with Risk Management, Human Resources Department, and the employee's representative, if required. e) Medical Authority This policy statement and guidelines are based on the mast current and generally accepted medical information and are subject to on-going revision. f) I?ducational Program for County Em~aloyees Butte County recognizes the discovery of any new disease is a natural cause far public concern. The identification of Acquired Immune Deficiency Syndrome (AIDS) in 1981 was no exception. AIDS is unique in that fear of infection is growing among those considered at low risk, despite scientific assurance that it is not an easy disease to catch. Consistent with this concern for employees or clients with life-threatening illnesses, Butte County offers the following range of resources: Management, employee, and public education and information available from the Butte Caunty Public I~Iealth Department's AIDS Education Project. Benefit consultation to assist employees in effectively managing health, leave, and other benefits are available from the County Employee Assistance Program. g) New Emplo.~_Brochure_ A pamphlet will be prepared by the AIDS Education Project and included in all new employee packets by Human Resources. Questions shall be forwarded to the AIDS Education Project on Extension 2865. ,'C I'.~, O77 i1C1_ IZ 11 l i." _ 21~ .~C'V ~. P. ~i~)? Personnel Rules h) Educational Employee Programs. Educational programs about HIV Disease will be provided to Butte County employees. The programs should be mandatory and the priority of training determined according to the employer's likelihood of exposure to AIDS in the work place, or need for knowledge of the disease in order to perform the job. Group 1 Employees in this group need knowledge of the disease to perform their jobs. The educational plan would include an overview as well as identification of local resources (approximately one hour). Group 2 Employees in this group may be unknowingly working with people with HIV Disease. The education plan will include the use of universal precautions (approximately two hours). Grou 3 These people are less likely to be physically exposed during the course of their work; however, basic knowledge of the disease is necessary to perform their jobs (approximately one and one-half hours). Group 4 in this group, there is little risk for exposure during work, nor is detailed knowledge essential to perform their jab. However, basic knowledge is needed in the event an employee in one of these departments should acduire AIDS. The education plan would include a one hour program. Programs will be scheduled for each group consecutively. Crroup 1 Board of Supervisors Risk Management Management Council Human Resources Administration County Counsel Group_ 2 Public Health Juvenile HaI1 Behavioral Health Employment & Social Services Sheriff=Coroner Public Guardian/Public Admin. Probation Group 3 Veteran's Service Facilities Services Public Works District Attorney Group 4 Agriculture F,lections and Registrations Weights & Measures Farm and Home Advisor Air Pollution Emergency Services :?mot U~-i i. ~...~ Personnel Rules Assessor Auditor-Controller Central Services Planning County Clerk-Recorder Treasurer-Tax Collector Libraries Purchasing 5 CLASSIFICATION OF POSITIONS 5.1 CLASSIFICATION PLAN All positions shall be included in a classification plan except those positions held by elected and appointed department heads and appointed boards and commissions. The classification plan shall be maintained by the Director -Human Resources so that all positions substantially similar in duties, responsibilities, authority, and qualifications required are so classified that schedules of compensation may be applied equitably. Each classification shall have a written specification setting forth the title of the class, defining the class, describing duties and responsibilities of the positions in the class, and setting faith qualifications of applicants for positions in the class. 5.2 AMENDING THE CLASSIFICATION PLAN The Director -Human Resources may create new classes or revise or abolish existing classes. 5.3 ALLOCATION OF POSITIONS "The number and classifications of permanent positions shall be as approved by the Board of Supervisors in the salary ordinance. No appointing authority shall appoint more employees to a class of position than is provided in the salary ordinance except that a new employee or a promoted employee may be appointed to a position not more than (30) thirty working days before the employee being replaced is separated. 5.4 SPLIT POSITIONS The Director -Human Resources may authorize Physician, Psychiatrist, Psychologist, and nursing and health care professional positions to be filled by less than full-time employees in any number so long as the total aggregate time in each class does not exceed the full-time equivalent of the positions authorized in the salary ordinance. 5.5 POSITION RECLASSIFICATION Upon review and analysis, the Board may take action to reclassify a position when there has been a significant change in the duties and responsibilities of the position. Vl~hen a position is reclassified to a higher classification, the Director -Human Resources shall make a determination whether or not an incumbent is qualified to advance to the higher class. If there are other qualified employees in the same class as the incumbent whose position was reclassified, the Director -Human Resources may conduct promotional examinations for the Personnel Rules higher class of position. Either an appointing authority or the Director -Human Resources, a$er consulting the appointing authority, may request that a position be reclassified as follows: An appointing authority may request a review of a current classification whenever permanent and substantial changes have occurred to the position to the extent that the position has become significantly different in nature than it was when last classified. Such requests shall be made on farms as prescribed by the Director -- Human Resources and include the position classification, name of the current incumbent, and the nature of the changes in the responsibilities and duties of the position. If an employee believes that changes, as described above, have occurred within the incumbent's position, the employee may submit to the appointing authority a written request for a review of the position's classification. If the appointing authority determines that a review of the classification is warranted, such request shall be forwarded, on the prescribed forms, to the Director -Human Resources pursuant to subsection 1 of this section for determination of appropriateness. In the event that the appointing authority determines a review of the classification is not warranted, the employee may then submit a request to the Director -Human Resources for a final determination as to whether a review is appropriate. Prior to submission to the Board of Supervisors for implementation of a classification change, the Director Human Resources shall forward the analysis and recommendation to the appropriate bargaining unit for review and invitation to meet and confer. 6 APPLICATION, QUALIFICATIONS, CERTIFICATION AND APPOINTMENT 6.1 RECRUITMENT The Director -Human Resources shall be responsible for the recruitment of persons who are to be considered for employment. The Director - I-Iuman Resources may make use of announcements, advertising, and any other method of publicizing employment opportunities so that a suff dent number of qualified applications may be recruited. 6.2 APPLICATION FOR EXAMINATION A separate application must be submitted for each examination. The application must be submitted during the announced recruitment period on a standard county application form. The application form must be completed in sufficient detail to allow ajob-related, comprehensive review and evaluation of the applicant's qualifications. Failure to file the application during the recruitment period or to complete the application in sufficient detail will constitute failure of the initial step in the examination process and the application will be placed in the inactive files. It is the applicant's responsibility to notify the Director - Human Resources of any change in address, name, or other pertinent information. The Director -Human Resources shall be responsible to establish rules, procedures, and forms necessary to carry out the provisions of this section. _,.>r~ .mil R.~ ~ ~„ r~ac_,2 23 3_.~ ".~.- '0:: Personnel Rules a) Veterans' Preference Paints Applicants for open, non-promotional examinations who have served in the G`nited States' Armed Forces as defined in Government Code Section 18540 and who qualify as veterans shall be eligible far five (5) veterans' preference points to be added to their score, provided that they achieve a passing score in the overall examination. Qualified veterans with aservice-connected disability of 30% or mare shall be eligible for an additional five points to be added to a passing scare of an open, non-promotional examination. To receive the additional five (5) veterans' preference points, a copy of a n official statement, dated within the last twelve (12) months, from either the Department of Veterans Affairs, or a branch of the Armed Forces indicating that applicant's disability is 30% or more must be attached to each specific Application for Examination. For the purposes of this section, a veteran means any person who has served in the United States' Armed Forces and who has been discharged or released under conditions other than dishonorable and who served: • During the period December 7, 1941 to July 1, 1995; or • At least 181 consecutive days since January 31, 1995; or • During the Gulf War from August 2, 1990 through January 2, 1992; or • In a campaign or expedition for which a campaign medal has been authorized, including El Salvador, Grenada, Haiti, Lebanon, Panama, Somalia, Southwest Asia, and Bosnia. To receive veterans' preference points, each eligible veteran shall submit to the Director - Human Resources during the announced recruitment period for each specific open, non-promotional examination, a written request for veterans' preference and written proof of eligibility. b) Relevant Ex erience Permanent regular County employees shall be provided an additional five (5) points on Training and Experience examinations when prior County experience of (6} six months or more is relevant to the position being sought as determined by the Director -Human Resources. 6.3 Ug ALIFICATIONS All examination applicants for appointment or promotion to a class of position in the classified service must be qualified for the work they will be required to do. In determining whether or not an applicant is qualified, the Director -Human Resources shall apply any or all of the following selection processes as may, in the opinion of the Director -Human Resources, be necessary: a) Satisfactory evidence of certification, registration, license, or educational attainment P~rsonrrzl R~ 10„ page 24 ~, -; r.-~ ~a;, Personnel Rules where such requirement is stated in a class specification. b) Satisfactory evidence of compliance with experience requirements as set forth in a class specification. c) Satisfactory evidence of an applicant's character, integrity, and success in previous employment. d) Satisfactory evidence that the applicant has not been convicted of a felony by the review of criminal otTender record information pursuant to California Penal Code Section 11105. For this purpose the Director -Human Resources is authorized to receive criminal offender record information. e) Successful completion of a written, performance, or oral examination, or a combination of two or more of such examinations, designed to test the applicant's knowledge, skills, physical ability, and personal attributes as related to the class of position for which the examination is established. Ratings of such examinations shall be in conformity with the provisions set forth on the examination announcement and shall be applied equably using appropriate scientific techniques and procedures determining the final scores. fj Satisfactory evidence of status of the applicant's physical and mental health with regard to the jab-related factors of the classification. g) Prior to beginning work, all persons selected for appointment must execute a loya]ty oath to support and defend the Constitution and also agree to submit to fingerprinting and photographing for the purpose of identification. 6.4 PROMOTIONAL AND OPEN EXAMINATION PROCESS The Director -Human Resources may announce and hold promotional or open examinations for the purpose of establishing promotional or open eligible lists on a departmental, county- wide, or open basis. Competitive examinations shall be held when there are more than (5) five qualified and eligible applicants for any examination. The Director -Human Resources may waive the examination process when there are (5) five ar less qualified and eligible applicants for any examination. Participants who occupy a WEB (Work Experience) position of the County Department of Employment and Social Services WEX program shall be eligible to participate in all promotional or open examinations on the same basis as other county employees. 6.5 EXAMINA"PION REVIEW Participants in a written examination process may within (5) five days fallowing the examination, review their individual test answer sheet to obtain assurance no scoring errors were made. Standardized written examinations are not subject to review. 6.6 SELECTION PROCESS APPEAL Any applicant who has participated in a selection process may appeal to the Director - Human Resources for review of the rating received in any part of the selection process to assure uniform rating procedures have been equitably applied. rson ~] i'ui~a'> ~ ~ ~ ~S Ite~r Jar. ,(;. Personnel Rules Such appeal must be filed in writing with the Director -Human Resources within {20) twenty days after the date on which the notification of the results of such selection process was mailed to the applicant_ A selection appeal must clearly state the selection process rating questioned, the date of the process, and the action. requested. The decision by the Director -Human Resources shall be final. Any correction in rating shall not af%ect appointments which may have already been made from the eligible list which resulted from the selection process rating in question. 6.7 CERTIFICATIOIri When a vacancy in an authorised position occurs or is about to occur, the appointing authority shall notify the Director -Human Resources and may request a list of qualified applicants. $efore approving the request the Director -Human Resources may request the Administrative Officer to make a judgment as to the need for the position. The Administrative Officer may make an appropriate recommendation to the Board. If the vacancy is to be filled, the Director -Human Resources shall take the necessary steps to certify to the appointing authority an eligible list of qualified applicants. 6.8 ELIGIBLE LISTS a) Establishment of Eligible Lists. The Director -Human Resources shall establish eligible lists for each class of position in the classified service whenever it is deemed necessary. b) Composition of Eli~ible_ i,ist. An eligible list consists of the names and scores of applicants who qualified with a minimum final score of 70% for the class of position in the selection process. The final scores of the applicants shall be recorded in incremental score groups ranging from 70% to 100% by rounding to the nearest five percent {5 ;%). c) Certification from_Comparable_Eligible List. Where no eligible list is in existence for a classification, the Director -Human Resources may certify the names and scores from an eligible list or lists for a related class. Waiver of certification from such comparable lists will not affect the eligibles' standing on the original list. d) Effective Date of Eligible List. An eligible list shall be in effect from the date on which it is approved by the Director -Human Resources. e) Duration ofEli~ible List. All eligible lists shall continue in force for aperiod of(1) one year from the effective date unless extended or shortened by the Director -Human Resources. t) Exhaustion of Eligible List. If there are three (3) or less eligibles available, the Director - Human Resources may consider that list to be exhausted. g) Merging E1i~ible Lists. The Director -Human Resources may create an additional `' rsc; lei k,~;..~ 26 a-~ R:;v ~.an `0 Personnel Rules eligible list for a class whenever it is deemed necessary. Such a list may be merged with an existing list. Names shall be placed on the merged list in order of their scores on the original lists. Persons whose names appear on merged lists shall retain their eligibility until the date the original list on which they appeared would have expired. h) Order of Eli ri_~ble Fists. The Director -Human Resources shall certify names and scores to the appointing authority in the following order pursuant to the provisions of these rules: l . Reinstatement lists 2. Promotional eligible lists 3. Open eligible lists i) Reinstatement Lists. "I'he Director -Human Resources shall establish a reinstatement list for each class in which a layoff occurs. Such lists shall contain the names of permanent employees who have been laid off or demoted in lieu of layoff. Names of persons laid off or demoted in lieu of layoff shall be placed on the appropriate reinstatement list in the inverse order of separation, the most senior first. Names on the reinstatement list shall be automatically removed upon the expiration of eighteen (18) months. Names on the reinstatement list shall be removed for any of the reasons set forth in these rules_ j) Contacting Eligibles. Eligibles may be contacted to ascertain interest in County employment. Such. eligibles shall be given five (5} days from the date of notice to respond. The conditions of employment will be described in sufFcient detail to identify the job on the contact notice. k) Waivers. An eligible's name which appears on a list resulting from an open competitive examination shall be removed from the eligibility list when the eligible indicates no interest in offered employment on three (3) written inquiries. Employees whose names appear on promotional eligibility lists or reemployment fists shall be allowed an unlimited number of waivers. Once an eligible's name is removed from a list, it may not be restored to the list. 1) Placement of Eligibles Inactive. The names of eligibles may be placed inactive far any of the following reasons: A request by the eligible in writing that the eligible's name be temporarily withdrawn; 2. On evidence that the eligible cannot be located by the postal authorities; 3. Qn receipt of a statement from the eligible declining an appointment or stating that they no longer desire consideration for a position with the County; or ~. For failure to respond within stipulated time after notice of certification, without suitable explanation. m) Inactive_Eli~~ibles. An eligible's name may be restored to the active eligible list for the duration of the original list upon written request by the eligible to the Director -Human E ~-son ie1 ~~_~~ E - 27 Personnel Rules Resources. 6.9 CERTIFICATION OF NAMES a) Reinstatement List to LayoffDepartment. The Director -Human Resources shall certify to an appointing authority whose department has had a layoff the name of the most senior available eligible from the departmental reinstatement list for the class of vacancy who has expressed a willingness to accept reinstatement in the vacant position. When there is no reinstatement list far the class of vacancy, the Director -Human Resources shall certify the entire departmental reinstatement list of available eligibles in any higher class within the same class series. b) Reinstatement List to Other Departments. The Director -Human Resources shall, in addition to a departmental promotional list, certify to an appointing authority whose department has not had a layoff in the vacant class of position, the names of all eligibles from other departmental reinstatement lists from any equivalent class requiring substantially the same minimum qualifications, or higher classes in the same class series as the vacancy, who have expressed a willingness to accept reinstatement in the vacant position. c) Promotional and Open Eli >i~,'ble_Lists. The Director -Human Resources shall certify to the appointing authority from the appropriate promotional or open eligibility list for the class of position, the names of the highest ranking three (3) incremental score groups of eligibles who have indicated a willingness and availability to accept the conditions of employment. In the event that there are less than five {5) names of eligibles in the three {3) highest incremental score groups to be certified to an appointing authority for a vacancy, or when the request far eligibles is for multiple vacancies in the same class of position and there are less than five (5) eligibles plus one eligible for each additional vacancy in the three (3) highest incremental score groups, the Director -Human Resources may certify in addition the names of eligibles in the next lower incremental score group or groups. d) List Waiver. If an eligible receives a probationary or permanent appointment, such appointment shall constitute a waiver of all rights to certification from any other eligible list on which the eligible's name appears for a class, the salary of which is either lower than or equal to that salary covered by the appointment, unless the eligible requests in writing that the name be retained for certification from such lists. e) Selective Certif cation. When a position which is assigned special duties, or is required by law to meet certain requirements, becomes vacant, the Director -Human Resources may determine which applicants on the eligibility list meet these special requirements. The Director -Human Resources shall. certify the names of the highest ranking eligibles who meet the special requirements in the same manner specified in Section 69(c) above. 6.10 APPOINTMENTS -.-;~ J~;ri cis Personnel Rules a} Regular. Appointments shall be made from the eligibility list certified by the Director - Human Resources. When an appointing authority has received from the Director - Human Resources a list of qualified applicants, the appointing authority may interview any or all of the applicants certified and make an appointment to the appropriate vacant position. No appointing authority may appoint more employees to a class of position than authorized by the Board or as provided in these rules. b} Provisional. The Director -Human Resources shall approve a provisional appointment made by an appointing authority only when an eligibility list cannot be certified. Any person appointed provisionally shall meet the minimum standards for the appointed class. A provisional appointment shall not exceed six (6) months in duration or sixty (60) days following the establishment of an eligibility list for the position, whichever is less. In order to qualify and be considered for a regular appointment to the position, a provisional employee must, during the period of hislher provisional. appointment, apply for the position. Provisional employees must be within hiring range on the eligibility list to be placed in a regular help appointment status. When appointed provisionally and no list is developed within the six (6) months as described above, the provisional appointment may be extended by no more than an additional ninety (90) days with the prior approval of the Director -Human Resources. In the case of an employee represented by the Butte County Management Employees' Association, who is provisionally assigned to a classification represented by said Association, additional extensions beyond the 90 days may be made on a month to month basis by mutual agreement between the Human Resources Director and the Association for up to three months. c) Extra Help. An appointing authority may make an extra-help appointment not to exceed 30 days. Should such an appointment need to exceed 30 days, an appropriation for extra- help must be authorized. Prior to commencement of work, the appointing authority shall obtain approval of the Director-Human Resources or designee. Any person employed for extra-help shall meet the minimum qualifications for the class corresponding to the duties of work to be assigned. Extra-help workers shall be employed at the hourly rate appropriate to the applicant's experience and class proposed for appointment, as approved by the Director-Iluman Resources. Extra-help appointments shall not exceed 125 working days or 1000 hours in any fiscal year unless the extra help employee is a PERS annuitant, in which case the appointment may not exceed 960 hours in a calendar year. This limit may only be exceeded for employees needed to maintain minimum staling levels in a 24-hour per day, 7-day per week operations, or as approved by the Chief Administrative Officer. d) Administrative Appointments. All administrative appointments shall be made by the Board. ~.,,r-,~1 ~t, ~ :.., ~ ~ 29 Personnel Rules e) Emer~enev Appointments. An appointing authority, with the approval of the Director - Human Resources, may make an emergency appointment to fill a regular or extra-help position deemed to be critical and essential to the department when no eligible list or no one who meets the minimum qualifications is available. Emergency appointments shall be for no longer than thirty (30) days. f) Nepotism. No appointing authority shall appoint a member of their immediate family within their department. No appointing authority shall appoint or assign any employee to directly or indirectly supervise a member of the employee's immediate family. g) Underfillin~. When the Board allocates a position with alternate staffing levels in the salary ordinance, the appointing authority may fill a position with a lower classification of the same series. h) Reemployment.. An appointing authority may appoint an employee previously separated in good standing from county employment within three (3) years of the separation date, in a class in which the employee held permanent status or a class with the same or lower salary range for which the former employee is qualified as determined by the Director - Human Resources. An employee reemployed under the provisions of this section shall serve a probationary period in the class in which the reemployment occurs. When a vacancy in a department occurs, an appointing authority shall consider any reemployment request or consider such request in addition to an eligibility list for the position, except that no reemployment shall occur in a classification where a layoff reemployment list exists. i) I?romotions within Classification Series. An appointing authority may promote employees within their own department without the employee going through the open recruitment or traditional departmental promotional .process. This specific situation is when there is a vacancy or a flexibly staffed position within a classification series, and the department wants to promote an employee from the lower level classification to the higher level classif cation. It is the appointing authority's discretion for determination on whether or not an employee is qualified for promotion to the higher level classification. It is the Human Resources Department's determination as to whether or not the employee meets the minimum qualifications for the higher level classification. Refer to Appendix A of the Human Resources Rules far specific procedures, as well as a list of classifications that are determined to be eligible for this procedure, j) Term~pointment. Appointments to a term position may be made where there is an allocation made by the Board of Supervisors to the position allocation schedule and for which there is a vacancy in the department for apart-time or full-time position which has a fixed expiration date. Termination at the time a "term" position ends can be waived by the Director -Human Resources only under the following circumstances: 1. A request for a waiver has been made by the department head based on a continued need in the department. This need will be identified and subsequently approved by the Board of Supervisors as part of a salary ordinance amendment and, 2. The employee affected by the waiver was selected for the term position through the Personnel Rules competitive recruitment process, including being hired or selected from a certified eligible list. or the employee affected by the waiver is currently on the certified eligible list for the position and is in a reachable score group band; or the employee affected by the waiver was selected for the term position through the competitive recruitment process, including being hired or selected from a certified eligible list, is in a flexibly staffed term position and was promoted pursuant to the Personnel Rules. 3. The employee affected has either: • Completed one year of service and has received the required performance evaluations as would any regular-help probationary employee, with a meets or exceeds standards testing. or • The employee affected has completed less than one year of service, has received required performance evaluations, as would any regular-help probationary employee, with a meets or exceeds standards rating. This employee will become probationary regular-help employee for the period of time equal to that necessary to complete aone-year probationary period prior to becoming a permanent employee. During the completion of the probationary period, the employee is subject to the same limitation and requirements as all other probationary employees. The affected employee will be brought into regular-help status at the same step of the term position so long as the employee's step was set in accordance with the Personnel Rules. When termination is waived pursuant to this section, health benefits, accrued vacation, administrative leave, sick leave, holiday, and seniority will transfer with the employee to the regular-help position. I_f, prior to the end of a term position, a term employee is transferred into a regular position in the same classification as the term position and was selected for the term position from a certified list for the classification held, all accrued benefits shall be retained. Time served in the term position shall serve as time served toward the required regular-help probationary period in that classification. When an employee represented by the Butte County Management Employees Association accepts a term position in the same department as currently employed, and the term assignment ends, the employee shall be reinstated to the same classification as Personnel Rules was held prior to the term assignment. In this event, the time spent in the term position shall count toward seniority and the probation period of the employee's prior position where the required probationary period was not completed prior to movement to the term. position. 7 CONDITIONS OF EMPLOYMENT 7.l STATUS OF ADMINISTRATIVE APPOINTEES Appointed department heads shall serve at the will of the Board subject to the conditions of applicable contracts, regulations, or law. Other employees may also serve at the will of the appointing authority as provided by state }aw. 7.2 PROBATIONARY PER10D OF I'~EW .EMPLOYEES All new regular employees shall serve a (l2) twelve-month probationary period. During the probationary period the appointing authority shall observe the employee's performance. If the appointing authority rejects the employee at any time during the probationary period, the appointing authority shall, in writing, inform the employee and the Director -Human Resources. The employee shall then be terminated. An individual reclassified to a higher classification ar promoted during the initial hire probationary period, must only complete the initial 12-month probation in order to gain permanent employee status and property rights. The individual must complete a concurrent 6-month promotional probationary period. If the individual does not pass the promotional probationary period, and the initial-hire twelve months have passed, that individual may voluntarily "bump" back to the original classification of hire. If an individual who would otherwise be terminated in an initial-hire probationary period voluntarily demotes to another classification, a new six-month probation must be served in the new classification from the date of transfer. Failure to pass this probationary period will result in separation from employment. Except for allegations of discrimination raised pursuant to rule 4.1 of these rules, employees shall have no right to appeal a rejection during the probationary period. If, at the end of the probationary period, the appointing authority believes the employee is performing satisfactorily, the appointing authority shall, in writing, inform the employee and the Director -Human Resources and the employee shall be granted permanent status anal may enjoy such privileges as are set forth in these rules. Should the appointing authority fail to perform the employee's probationary review at the end of the probationary period, the employee shall automatically be granted permanent status. A provisional employee in a class, who is subsequently appointed to that class as a probationary employee without break in service, shall have the time served as a provisional employee applied to fulfillment of the required probationary period. <'4rso~~ne1 }{ule." F'aae 32 Rev ~,..:~~ .3 Personnel Rules 7.2.1 EXTENSION OF PROBATIONARY PERIOD The initial hire probationary period or a promotional probationary period may be extended due to a personal illness this may include time off due to pregnancy) or to care for a critically ill family member. The minimum amount of time that a probationary period may be extended under this policy is two full and consecutive pay periods with the understanding that an extension of probation is calculated in biweekly increments. The individual's merit date will be extended proportionate to the extension of the probationary period. Either an appointing authority, or designee, or a qualifying employee may request an extension, but in any event the prescribed form must be signed. by the employee and appointing authority. Under such approved circumstances, and upon the employee's return to work, the probationary period will. be extended by an amount of time equal to the period of time that the employee is absent under this policy. Said employee's merit advancement date shall also be adjusted accordingly. If the employee returns to work at a date that is neither the first day nor the last day of a full pay period, the extended probationary period will be calculated by rounding to the first day of the closest full pay period. Benefits and seniority will not accrue during an absence under this policy except for any time that the employee is on paid leave. If it becomes necessary to extend the approved leave of absence under this policy, an appointing authority or designee at their sole discretion may approve the extension if the employee submits a signed, dated, note from a medical care provider indicating a specific anticipated date of return. Such extensions are not automatic and are subject to approval by the appointing authority or designee. Upon. return to work, the employee's probationary period will be extended as described above. A signed copy of the required farm shall be maintained in the individual's personnel file located in the Human Resources Office. 7.3 PROBATIONARY PERIOD OF PROMOTED EMPLOYEES An employee who is promoted shall serve a (6) six month probationary period in the higher classification except employees promoted to the class of Deputy Sheriff and Correctional Officer, who shall serve a twelve (12) month probationary period. During the probationary period an employee who has permanent status in a lower class shall be regarded as having permanent status in the former class. If the employee is rejected during the probationary period in the higher class of position, the employee shall have the right, in lieu of termination, to voluntarily demote back to the farmer class of position in which permanent status was held. Except for termination for ~~r~ _~ F~~~~ ~_, 33 F=s, Personnel Rules allegations of discrimination raised pursuant to Section 4.l of these rules, probationary employees shall have no right to appeal a rejection in probation. If, at the end of the probationary period, the appointing authority believes the employee is performing in a satisfactory manner, the appointing authority shall, in vtirriting, inform the employee and the Director -Human Resources. The employee shall then have permanent status in the higher classification. Should the appointing authority fail to perform the employee's probationary review at the end of the probationary period, the employee shall automatically be granted permanent status in the higher classification. 7.4 PROBATIONARY PERIOD OF DEMOTED EMPI,OYE_E_ S An employee who is demoted for disciplinary purposes shall serve a probationary period in the new class unless the employee previously held permanent status in that class or a higher class in the same class series. An employee who voluntarily demotes to a classification with a lower salary range shall not be required to serve a new probationary period provided the employee held permanent status in an equivalent or higher class level. Employees who have not held permanent status and who voluntarily demote while on probation must complete the probationary period in the lower classification. 7.5 HOURS OF WORK The normal work period shall be eighty (80) hours per biweekly pay period for each full- time employee. Appointing authorities shall schedule the employee's hours in such a manner as to maintain County offices open for business 8:00 a. m. to 5:00 p.m. each day ofthe year except Saturdays, Sundays, and holidays. Departments which necessitate a different daily operation schedule shall maintain and post an employee assignment schedule. No employee, except in the case of emergency, shall be required to work a different schedule than assigned unless the employee has been notified at least ten (10} days in advance of the change in the work schedule. 7.6 ATTENDANCE Employees shall be in attendance at their work in accordance with the rules regarding hours of work, holidays, and leaves. A11 appointing authorities shall keep daily attendance records of employees. The Director -Human Resources may establish procedures for reporting such attendance records to the Human Resources Department. 7.7 POLITICAL ACTIVITIES All employees shall comply with the applicable provisions of county, state, and federal law, including the County Charter and the Federal Hatch Act, which specifically controls employees' political activities. 7.8 OUTSIDE EMPLOYMENT No regular employee of the County shall engage in any occupation or outside activity which P~ _ L ',u~ ~:~ 1 J4 1c~~ ~~5 Personnel Rules is incompatible with County employment. Any employee who proposes to engage in an occupation or outside employment for compensation shall inform the appointing authority in advance of the nature of such employment. The appointing authority, after making a determination whether or not such employment is in conflict with County employment, may approve or disapprove the employee's request for outside employment. A copy of the approval ar disapproval shall be forwarded to the Director -Human Resources to be included in the employee's Human Resources file. Regular employees of any County department may be employed as extra-help employees (unless in the same occupational field) in the same or any other County department with the approval of all involved department heads and the Director -Human Resources. Hours worked as extra-help shall not count for retirement purposes, seniority purposes, or overtime computation purposes. 7.9 PERFORMANCE R~FVIEW The appointing authority or a designated representative shall by the employee's performance review date, conduct a scheduled performance evaluation of each regular-help employee. Performance evaluations shall be in writing on forms prescribed by the Director -Human Resources. A performance evaluation shall provide recognition of effective performance and also identify areas which need improvement. The performance evaluation shall be discussed with the employee. A copy ofthe performance review form shall be given to the employee and the original copy forwarded to the Director -Human Resources to be placed in the employee's Human Resources file. Unscheduled performance evaluations may be made at the discretion of the appointing authority or a designated representative. 7.10 PROMOTION AND VOLUNTARY DEMOTION The Director -Human Resources and appointing authorities shall inform employees of opportunities for promotion to more responsible positions in the merit system. All employees in the classified service shall be entitled to necessary time off with pay for the purpose of taking qualifying or promotional examinations conducted by the Director - Human Resources. Satisfactory performance for the County shall be an important consideration in reviewing qualifications of an applicant certified on an eligibility list far promotion. A regular employee may request a voluntary demotion to any vacant position. within the County merit system for which the employee meets the minimum qualifications as determined by the Director -Human Resources. Upon approval of the appointing authority, a voluntary demotion request may be authorised. Within three years of separation, reclassification, or voluntary demotion date, a regular employee who has been reemployed in a class lower than that in which the employee held permanent status prior to separation in good standing, or an employee who has been reclassified or voluntarily demoted to a class lower than that in which the employee held permanent status, may be considered for promotion to a class in which permanent status was held or a lower class for which the employee qualifies. Such employees need not be on an eligibility list to be considered for promotion as indicated above except when a valid layoff reinstatement list exists for the class of vacancy. E Z ~a~~= ~ ~>~a~ 35 Personnel Rules A person promoted under this section shall serve a new probationary period and shall be governed by the promotional pay provisions of these rules- The Director -Human Resources shall establish forms and procedures for the purpose of carrying out the provisions of this section. 7.11 NOTICE OF DISCIPLINARY ACTION An appointing authority or designee who proposes to take disciplinary action against a regular employee of a suspension without pay that is greater than five (5) days, shall first serve the employee with notice of the proposed discipline including the right to respond to the appointing authority prior to the effective date of the action being taken. The notice shall be served at least seven {7) days prior to the effective day of the action and shall be served on the employee personally or by certified mail. If the employee is personally served, the date of service shall be considered the first day of notification. If the employee is served by certified mail, neither the day of the mailing nor the fallowing calendar day shall be considered in the seven (7) calendar days for notification purposes. The notice shall clearly specify the action taken, the reason for the action including the particular facts and specific incident(s) involved, the effective date(s) of the action, and, in cases of demotion, shall contain a statement as to the wages and duties of the new position. The notice shall also advise the employee that a copy of the material upon which the action taken is based is attached or available for review upon request during normal business hours; of the right to be represented and to respond verbally or in writing to the appointing authority or designated representative prior to the effective date of the action; and of the right to appeal the action and the time within which the appeal may be made. An appointing authority or designated representative taking disciplinary action against an employee may, when it is necessary for the operation of the department or to conduct an investigation into the allegations, assign the employee to less critical duties during the five (5) day review period. When extraordinary circumstances exist that require the immediate removal of the employee from the premises, an appointing authority or designated representative may place the employee on paid suspension, subject to call, not to exceed five (5} days. If required to provide for full investigation of the allegations made against an employee, the five (5) day period for reassignment or paid leave may be extended up to twenty (20) days. A copy of all notices and written responses shall be forwarded to the Director -Human Resources. 7.12 MEDICAL DEMOTION. TRANSFER- TERMINATION. OR RETIREMENT The appointing authority may require an employee to submit to a medical examination by a physician or physicians designated by the Director - Iluman Resources to evaluate the capacity of the employee to perform the work of the position. When such a requirement is made of an employee, fees for the examination shall be paid by the County. When the appouiting authority, after considering the conclusions of the medical examination provided for by this section or medical reports from the employee's physician and other _~sonn~l Ruh ~~s r 36 R~~v gar; Personnel Rules pertinent information, finds medical cause that the employee is unable to perform the work of the present class of position, but is qualified and able to perform the work of another class of position of less capacity, the appointing authority may ,initiate a demotion or transfer of the employee to such an available position in the department for which the employee meets the minimum qualifications as determined by the Director -Human Resources. When the appointing authority finds that a medical cause exists and the employee is unable to perform the work of the present position, or any other available position in the department, the employee may be terminated. All original copies of medical reports, findings, and information shall be submitted by the appointing authority to the Director -Human Resources to be placed in the employee's file. The Director -Human Resources shall make applications on behalf of Butte County far disability retirement for all employees regardless of classification and shall initiate requests for reinstatement of such employees who are retired for disability. The Director -Human Resources shall make determinations, under the applicable sections of the Government Code, on behalf of Butte County, of disability, and whether such disability is industrial-related, for employees classified as local safety members. The Director -Human Resources shall certify such determinations and other necessary information to the Public Employees' Retirement System. '7.13 LAYOFF An appointing authority may initiate a layoff for a regular help position(s) due to administrative reorganization, lack of work, or lack of appropriation by advising the Director -Human Resources of the number of positions, classifications, department involved, and the effective layoff date. The Director -Human Resources shall establish a seniority list and shall consider employee status, length of service, and efficiency in determining which employee or employees are to be laid off and shall, in writing, inform the appointing authority and affected employees. 7.14 SENIC}RITY LIST SCORE COMPUTATION Regular help employees appointed to a position with Butte County shall receive credit for compensated regular help employment that has not been broken by a permanent separation. When there has been a permanent separation, credit shall be given only for regular help employment following such. break in service. The seniority status accrued by those incumbent employees in the Employment and Social Services Department, Health, and Civil Disaster Departments under the Local Agency Human Resources Standards prior to August 7, 1976, shall remain on accrual. One point seniority credit shall be given for each calendar month of regular help employment or any portion thereof excluding extended leaves of absence. Regular employees working part-time schedules will be given fractional point credit for each month of service on a prorated basis. -, ~r:;onr.el Ru .. _, P 3.;e, .~ Personnel Rules Twelve paints shall be subtracted from the seniority score of an employee with an overall rating of below "effective -meets standards" on the last two regularly scheduled written performance reports. When two or more employees have the same total seniority score, the tie shall be broken and preference given in the fallowing sequence: a) Employees with the greatest seniority in the department and the class in which layoff is being made and in related higher classes. b) Employees with the greatest seniority in the class in which the layoff is being made and in related higher classes. c) Employees with the greatest seniority in the department. d) Employees whose names are drawn by lot by the Director -Human Resources. 7.15 ORDER OF SEPARATION IN REDUCTION-IN-FARCE Employees in the same class within a department of layoff shall be separated during a reduction-in-force in the following appointment type sequence: a} Extra Help and Emergency b) Provisional and Probationary c) Permanent Separation of employees shall be in the order in which their names appear on the seniority list for the affected class, with those persons having the least seniority credit being the first separated. 7.16 LAYOFF NOTICE The Director -Human Resources shall send written notice to the last known address of each employee affected by a layoff at least fourteen (14} days prior to the effective date of the action. The notice shall include the: a) Reason for layoff; b} Classes to which the employee may demote within the department, if any; c) Effective date of the action; d) Seniority score of the employee; e) Formula by which the seniority score is computed; f) Appeal rights of the employee; g) Conditions governing retention on and reinstatement from reemployment lists; and h) Rules regarding waiver of reinstatement and voluntary withdrawal from the reemployment list. 7.17 DEMOTION IN LIEU OF LAYOFF In lieu of being laid off, a regular employee may elect demotion to: ;:>:v pan `C3 Personnel Rules a) Any position held by an employee with a lower seniority scare in a class with substantially the same or lower maximum salary in which the layoff employee held permanent status, or b) Any vacant position in a class in the same line of work as the class of layoff, but of lesser responsibility if such classes are designated by the Director -Human Resources. Demotion rights to specified classes shall be applicable only within the department of layoff To be considered for demotion in lieu of layoff; an employee must notify the Director - Human Resources in writing of this election no later than five (5) days after receiving the notice of layoff. 7.18 LAYOFF KEINSTATEMENT Permanent employees laid off who are reinstated to a regular County position within (18) eighteen months from the effective date of layoff shall be reinstated with seniority rights, including time served towards annual merit increase. Such employees shall be credited with unused sick leave on accrual at the time of layoff up to a maximum of (30) thirty workdays and shall accrue vacation benefits at the rate established by prior seniority. An employee reinstated to the same classification or lower classification in the same class series in which permanent status was held at the time of layoff shall not be required to serve a new probationary period. A former employee reinstated in a classification with an equal or lower pay range than that held by the employee at the time of layoff, pursuant to the provisions of these rules, shall remain on the valid reinstatement list. Should an employee on a layoff list be employed by the County in a classification with a higher pay range than that held at the time of layoff, the employee's name shall automatically be removed from the layoff reinstatement list upon completion of the probationary period. 7.19 LAYOFF -PROBATIONARY EMPLOYEES Probationary employees laid off shall have their names placed back on the eligible list from which they were appointed providing it is still in existence. Should such employees be later appointed from the eligible list, the appointment will be the same as for others appointed from the list for the fast time. Anew probationary period and other terms and conditions of a new appointment shall apply. 720 SEPARATION An employee intending to voluntarily separate from county service shall submit said notice in writing to the immediate supervisor specifying the effective date and time of the intended resignation. Such notification should be provided as far in advance as possib]e. a. Effective Date. A resignation shall be effective on the date specified in the employee's notification. If an employee fails to provide notice, the effective date of the resignation shall be the date provided the Director -Human Resources by the rsor~~cl Rutc..~ p'_ J~ Personnel Rules appointing authority. b. Refusal to Submit Written Resignation. If an employee refuses to submit a written resignation, the appointing authority, or designee, shall provide notice to the Director - Human Resources in writing, accompanied by a Personnel Actian Form, that the employee has resigned verbally. In the case of a verbal resignation of an individual represented by the Butte County Management Employees Association, the resignation shall be effective no sooner than five (5) working days of the regular schedule from the date the appointing authority is notified. In this situation, the appointing authority or designee shall indicate the effective date of the resignation as five working days from the date of notice and a copy of the acceptance of voluntary resignation shall be sent by registered mail to the employee. c. Change of Effective Date. An employee, after having provided notification pursuant to subsection a of this section wishing to change the effective date or rescind the notice, may be allowed to do so at the sole discretion of the appointing authority. This may be allowed provided that no vacancy announcements or notices for the anticipated vacancy have been. released or recruitment has otherwise been undertaken by the Human Resources Department. In the event of unusual circumstances and at the discretion of the appointing authority and the Director -Human Resources, an employee may be allowed to change the effective date or rescind the notice subsequent to onset of recruitment. d. Absent. Without Leave An employee who, without approved leave, fails to report to duty for five (5} consecutive days of the regular schedule, shall be deemed to have voluntarily terminated from the position. 7.21 REGULAR ASSIGNMENT LOCATION CHANGE An employee represented by the Butte County Management Employees Association may be reassigned to work in an alternate work location on a temporary or permanent basis with thirty (30} days written notice if the new location results in an increase to the individual's travel by ten (10) miles one-way. 8 ALCOHOL AND DRUG ABUSE POLICY 8.1 PURPOSE It is the intention of this policy to eliminate or prevent substance abuse and its effects in the workplace comply with the Federal Drug Free Workplace Act of 1988 and California Drug Free Workplace Act of 1990 as contained in Government Code Sections 8350-8357. While the County of Butte has no intention of intruding into the private lives of its employees, involvement with drugs and alcohol off the job can take its toll on job performance and employee safety. Our concern is that employees are in a condition to perform their duties safely and efficiently, in the interests of their fellow workers and the public as well as themselves. The presence of drugs and alcohol. on the job and the i .~,~~_._~ ~~~~ 40 ~,., ~.~ Personnel Rules influence of these substances on employees during working hours, are inconsistent with this objective. Employees who think they may have an alcohol or drug usage problem are urged to voluntarily seek confidential assistance from the Employee Assistance Program. While Butte County will be supportive of those who seek help voluntarily, the County will be equally firm in identifying and disciplining those who continue to be substance abusers and do not seek help. Supervisors, shop stewards, and employee representatives will be trained to recognize abusers and become involved in this control process. Alcohol or drug abuse will not be tolerated, and disciplinary action, up to and including termination, will be used as necessary to achieve this goal. This policy provides guidelines far the detection and deterrence of alcohol and drug abuse. It also outlines the responsibilities of County managers and employees. To that end, the County will act to eliminate any substance abuse (alcohol, illegal drugs, prescription drugs, or any other substance which could impair an employee's ability to safely and effectively perform the functions of the particular job) which increases the potential for accidents, absenteeism, substandard performance, poor employee morale, or damage the County's reputation. In recognition of the public service responsibilities entrusted to the employees of the County of Butte, and that drug and alcohol usage can. hinder a person's ability to perform duties safely and effectively, the following policy against drug and alcohol abuse is hereby adopted by the County of Butte. 8.2 POLICY It is County policy that employees shall not be under the influence of or in possession of alcohol or drugs; nor possess alcohol ar drugs while on County property (except at locations where the general public may be exempt from this requirement) at work locations, or while on duty or on call back status; shall not utilize such substances while they are on call back status subject to County duty, sell, or provide drugs or alcohol to any other employee or to any person while such employee is on duty or on call back status, nor have their ability to work impaired as a result of the use of alcohol or drugs. While use of medically prescribed medications and drugs is not per se, a violation of this policy, failure by the employee to notify his/her supervisor, before beginning work, when taking medications or drugs which, with reasonable knowledge, could foreseeably interfere with the safe and effective performance of duties or operation of County equipment can result in discipline, up to and including termination. In the event there is a question regarding an employee's ability to safely and effectively perform assigned duties while using such medications or drugs, clearance from a qualified physician may be required. The County reserves the right to search all areas and property in which the County maintains ;, _ 41 t`.III:C ~ itiL~ r-_ d:a Fev ~~~. ~~ Personnel Rules control or joint control with an employee in accordance with applicable state and federal laws. A search of any container for employee property such as desks, cubicles, and lockers may be conducted at any time with the affected employee's prior permission. Otherwise, the County may notify the appropriate law enforcement agency that an employee may have illegal drugs in his other possession or in an area not jointly or fully controlled by the County. Employees reasonably believed to be under the influence of alcohol or drugs shall be prevented from engaging in further work and shall be detained far a reasonable time until they can be safely transported from the work site. Sueh detainment may include ordering the employee to overtime status. The County is committed to providing reasonable accommodation to those employees whose drug or alcohol problem classifies them as handicapped under federal andlor state law. The County has established a voluntary Employee Assistance Program (EAP) to assist those employees who voluntarily seek help for alcohol or drug problems. Employees should contact their supervisors or the EAI' provider for additional information. 83 APPLICATIONS This policy applies to all employees of, and to all applicants for positions with, the County. This policy applies to alcohol and to all substances, drugs, or medications, legal or illegal, which could impair an employee's ability to effectively and safely perform the functions of the job. 8.4 EMPLOYEE RESPONSIBILITIES An employee must: a) Not report to work or be on call back status while his/her ability to perform job duties is impaired due to on or off duty alcohol or drug use. b) Not use alcohol, use or possess impairing drugs (illegal drugs and prescription drugs without a prescription) during working hours, on call back status, or on breaks. c) Not be impaired by use of alcohol or impairing drugs during meal periods or at any time while on County property. d) Not directly or thraugh a third party sell or provide drugs or alcohol to any person, including any employee, while either employee or both employees are on duty or on call back status (this requirement is subject to having reasonable knowledge that the other employee is on duty or on call back status). e) Notify hislher supervisor, before beginning work, when taking any medications or drugs, prescription ornon-prescription, which may, with reasonable knowledge, interfere with the safe and effective performance of duties or operation of County equipment, and when in combination with one or more of the elements of reasonable suspicion listed here. rso-~-~~,1 Rul~,s ~ya~ 4~ Personnel Rules f} In cases where reasonable suspicion or positive test results exists, provide, within five (5) days of request, bona fide verification of a current valid prescription for any potentially impairing drug or medication. The prescription must be in the employee's name. g) Exceptions to restrictions on possession and/or use as provided for above, would apply where the general public may be exempt from the requirement, such as off duty consumption of alcohol at the County awned fairgrounds in Gridley or one of the County's Veterans Memorial Buildings. In addition exception applies to such activities that are within the official capacity as an employee. Examples of the latter would be under cover law enforcement, evidence storage, court presentations, etc. h) Notify the appointing authority of any criminal drug statute conviction occurring in the workplace no later than five (5} days after such a conviction. 8.5 MANAGEMENT RESPOIVSIBILI'TIES AND GUIDELINES Managers and supen~isors are responsible far reasonable enforcement of this policy. Managers and supervisors may request that an employee submit to a druglalcohol test andlor an examination by a physician when a manager or supervisor has a reasonable suspicion that an employee is intoxicated or under the influence of drugs or alcohol while on the job or on call back status. "Reasonable suspicion" is a belief based on objective, specific, and articulate facts sufficient to lead a reasonably prudent supervisor to suspect that an employee is under the influence of drugs or alcohol so that the employee's ability to perform the functions of the job is impaired ar so that the employee's ability to perform his/her job safely is reduced. Far example, any of the following, alone or in combination, may constitute reasonable suspicion: a) Slurred speech, not normal to the employee. b) Alcohol odor on breath. c} Unsteady walking and movement, not normal to the employee. d) An on duty accident or accident involving County property in cases where reasonable suspicion or positive test results exist. e) Behavior that is not normal to the individual employee. f) Possession of alcohol or drugs in violation of this policy. g} Information obtained from a reliable person with personal knowledge. h) Any manager or supervisor requesting an employee to submit to a drug/alcohol test and/or medical examination shall document in writing the facts constituting reasonable suspicion that the employee in question is intoxicated or under the influence of drugs. If information obtained from a reliable person with personal knowledge is the sole reason in determining reasonable suspicion, documentation shall include the name of that individual and their statement(s). ,,~qr 4„ X03 Personnel Rules i) Any manager or supervisor encountering an employee who refuses an order to submit to a medical examination upon request shall remind the employee of the requirements and disciplinary consequences of such refusal. Where there is reasonable suspicion that the employee is then under the influence of alcohol or drugs, the manager or supervisor should obtain assistance as needed and detain the employee for a reasonable time until the employee can be safely transported home. j) Managers and supervisors shall not physically search the person of employees, nor shall they search the personal possessions of employees without the freely given consent. Employees are entitled to have a representative of their choosing, provided that representatives can be present in a reasonable period of time. k) Managers and supervisors shall notify their department head or designee when they have reasonable suspicion to believe that an employee may have illegal drugs in his/her possession or in an area not jointly or fully controlled by the County. If the department head or designee concurs that there is reasonable suspicion of illegal drug possession, the department head may notify the appropriate law enforcement agency. 8.6 DRUG OR ALCOHOL, TESTING AND/OR PHYSICAL EXAMINATION PROCEDURE The drugialcohol test and/or physical examination may test for any substance which could impair an employee's ability to effectively and safely perform the functions of his/her job. 8.7 RESULTS OF DRUG AND/OR ALCOHOL ANALYSIS a) Pre-em~lo~ment Physicals. A positive result from a drug and/or alcohol analysis may result in the applicant not being hired where the applicant's use of drugs and/or alcohol could affect requisite job standards, duties, or responsibilities. If a drug screen is positive at the pre-employment physical, the applicant must provide within twenty-four (24) hours of request bona fide verification of a valid current prescription for the drug identified in the drug screen. If the prescription is not in the applicant's name or the applicant does not provide acceptable verification, or if the drug is one that is likely to impair the applicant's ability to perform the job duties, the applicant may not be hired. b) During Employment Physicals_or ~Icohol/Dru~ Tess. A positive result from a drug and/or alcohol examination may result in disciplinary action, up to and including discharge. If the drug screen is positive, the employee must provide within five (5) days of request bona fide verification of a valid current prescription for the drug identified in the drug screen. The prescription must be in the employee's name. If the employee does not provide acceptable verification of a valid prescription or if the prescription is not in the employee's name, or if the employee has not previously notified his or her supervisor, the employee will be subject to disciplinary action, up to and including discharge. ~v Jan :!3 Personnel Rules If an alcohol or drug testis positive for alcahol or drugs, the County shall conduct an investigation to gather all facts. The decision to discipline or discharge will be carried out in conformance with County Human Resources Rule 7.11. 8.8 CONFIDENTIALITY [~aboratory reports or test results shall not appear in an employee's general Human Resources folder. Information of this nature will be contained in a separate confidential medical folder that will be securely kept under the control of the Director -Human Resources. "1'he reports or test results may be disclosed to County management in a strictly need.-to-know basis and to the tested employee upon request. Disclosures, without patient consent, may also occur when: a} The information is compelled by law or by judicial or administrative process; b) The information has been placed at issue in a formal dispute between the employer and employee; c) The information is to be used in administering an employee benefit plan; and d) The information is needed by medical I-Inman Resources for the diagnosis or treatment of the patient who is unable to authorize disclosure. 8.9 TESTING PROCESS AND STANDARDS Substance testing shall comply with the following standards and procedures: The drug testing process shall be one that is scientifically proven to be at least as accurate and valid as urinalysis using an immunoassay screening test, with all positive screening results being confirmed utilizing gas chromatography/mass spectrometer before a sample is considered positive. The alcohol testing process shall be one that is scientifically proven to be at least as accurate and valid as urinalysis using an enzymatic assay screening test, with all positive screening results being confirmed using gas chromatography before a sample is considered positive. Substances to be tested for shall include, but are not limited to: a) Amphetamines and Methamphetamines b) Cocaine c) MarijuanalCannabinoids (THC) d) Opiates (narcotics) e) Phencyclidine (PCP) f) Barbiturates g) Benzodiazepines h) Methaqualone i) Alcohol In addition, with the approval of the Human Resources Department, testing may be 11ev S&n 'J3 Personnel Rules conducted for other controlled substances when the appointing authority reasonably suspects the use of other substances. After consulting with expert staff of the laboratory of laboratories selected to perform the testing under this Article, the Human Resources Department shall set test cutol~ levels that will identify positive test samples while minimizing false positive test results. Cut off levels for the mast common substances are as follows: Drug Level* AmphetamineslAmphetamine Methan 300 Barbiturates 300 Cocaine 300 Cannabinoids 100 Opiates 300 Phencyclid ~5 *Nanograms per millimeter Alcohol (sensitivity equivalent to .08% by .02% gm/deciliter weight) Test samples will be collected in a clinical setting such as a laboratory collection station, doctor's office, hospital, or clinic or in another setting approved by the Human Resources Department on the basis that it provides for at least an equally secure and professional collection process. Samples shall be separated into two samples at the time they are collected with the second sample kept for validation purposes. The Hurnan Resources Department shall specify procedures to ensure the true samples are obtained. The Human Resources Department shall specify measures to ensure that a strict chain of custody is maintained for the sample from the time it is taken, through the testing process, to its final disposition. Drug alcohol tests shall be performed by a commercial laboratory selected based on its meeting standards that are the same as those used by the National l.nstitute on Drug Abuse {NIDA) to certify laboratories engaged in urine drug testing for Federal agencies (Mandatory Guidelines for Federal Workplace Drug Testing Program, Federal Register, Voi. 53, No. 69) or those used by the College of American Pathologists (CAP) to accredit laboratories for forensic urine drug testing (standards for Accreditation, Forensic Urine Drug "Testing L,abaratories, College of American Pathologists). `The sample collection process shall include the opportunity for the employee to provide information about factors other than illegal drug use, such as taking legally prescribed medicatio~~, that could cause a positive test result. At the employee's option, this information may be submitted in a sealed envelope to be opened only by the Medical Review Officer if the test result is positive. The employee shall receive a full copy of any test results and related documentation of the testing process. ~t6 ~Uo~,•,E:i ate,. ~ , ~<ae R;z-d Ja^ `03 Personnel Rules All confirmed positive samples shall be retained by the testing laboratory in secure storage for one year following the test or until the sample is no longer needed for appeal proceedings or litigation, whichever is longer. At the employee's request and expense, the sample may be re-tested by that laboratory or another laboratory of the employee's choice. 8.10 MEDICAL_REVIEW OFFICER The Director -Human Resources shall designate ane or more Medical Review Officers, who shall be licensed physicians, to receive test results from the laboratory. Upan receiving results, the Medical Review Officer shall: Review the results and determine if the standards and procedures required by this Article have been (allowed. For positive results, interview the affected employee to determine if factors other than illegal drug use may have caused the result. Consider any assertions by the affected employee of irregularities in the sample collection and testing process. Based on the above, provide a written explanation of the test results to the appointing power or his/her designee. The employee shall also receive a copy of this explanation. 9 EMPLOYEE SAFETY 9.1 SAFETY PROGRAM a) Purpose. The purpose of the Safety Program is to safeguard the lives of county employees by providing a safe work environment and require that employees follow safe work methods. Therefore, it shall be the policy of the County of Butte that each county department establish and maintain a safety and accident prevention program. Accident prevention shall be the direct responsibility of each ol~icial (whether elected or appointed}, appointing authority, manager, supervisor, and employee of this county. Each appointing authority shall be responsible for motivating employees to practice safe work habits. Each employee is responsible for compliance tiuith safety regulations and procedures. b) Objective. The Butte County Safety Program is established to eliminate and prevent accidents. Accidents can be eliminated and prevented by stopping the unsafe acts of individuals and removing unsafe working conditions. The success ofthis program can be achieved by the complete understanding for its need and the positive support for its implementation by all county officials, supervisors, and employees. c) Plan. In order to fulfill the program objective, each depa7~tment shall initiate a safety program. d) Authority. Senate Bill 198 which was passed in 1989 included a number of significant changes regarding safety and health in the workplace in California, the most significant rersonne7 ~~1:.-; ~;~,- 47 ~. -. ~ ,y , ~ ,, Personnel Rules of which added Labor Code Section 6401.7. The California Code of Regulations, Title 8, Section 1509(2) of the Construction Orders, Section 3203 of the General Industry Safety Orders, and Labor Code Section 6401.7 directed the California Occupational Safety and Health Standards Board to adapt new regulatory requirements regarding an occupational injury and illness prevention program. On July 1, 1991, every employer in California was required to have a written injury and illness prevention program, with no exceptions to this requirement. e) Policy. The Board of Supervisors adopted the Injury and Illness Prevention Program on June 25, 1991. I'he policy adopted by the Board of Supervisors defined the County's Injury and Illness Prevention Program for compliance with the provisions of the California Code of Regulations and the California Labor Cade. The Injury and Illness Prevention Program adopted by Resolution 91-77 has been disseminated to all responsible parties. The Chief Administrative Officer is responsible for the Injury and Illness Prevention Program for Butte County emp]oyees. This responsibility has been delegated to each department head, court officer, andlor appointing authority. It is the responsibility of these persons to ensure the overall implementation of the Injury and Illness Prevention Program by directing the tasks identified in the plan. 9.2 VOLUNTEERS BOARDS AND COMMISSIONS All volunteers, board members, and commission members who are performing non-paid authorized service for Butte County pursuant to county and state law, are covered by the County's Workers' Compensation Insurance Policy while performing such service. 9.3 (Deleted) 9.4 TRUCK DRIVER PHYSICAL EXAMINATIONS Employees of any department who are required to possess motor vehicle Class II and Class I driver's license shall, upon request to the appointing authority and without cost to the employee, be provided, by the County Physician, the physical examination necessary to renew such licenses. 9.5 REIMBURSEMENT FOR EMPLOYEE PERSONAL PROPERTY LOSS The County of Butte shall provide payment of the costs of replacing or repairing property or prostheses of an employee necessarily worn, used, or carried by the employee when such items are lost or damaged in the line of duty. Payment of claims under such coverage shall Personnel Rules not be appealable under the grievance procedure. The County of Butte shall not provide reimbursement for damages to an employee's personal vehicle used on county business. Reimbursement for the use of an employee's private vehicle on county business is provided far in these rules. Such mileage reimbursement includes maintenance, repair, and insurance costs. Each appointing authority shall approve or deny employee claims based on the following reimbursement schedule and establish procedures to verify claims and notify the claimant of the decision: Reimbursement for trades or crafts tools will. be at full comparable replacement value and shall be limited to those items which appear on a written inventory of tools required by the appointing authority to be supplied by the employee for use in work. For each incident, a deductible of ($50) fifty dollars shall be applied to each employee's loss. If stolen tools are recovered in an undamaged condition and replacement tools have been secured, the employee shall return to the county the replacement tools. When the replacement tools are returned to the county, the employee shall receive from the county a {$50) fifty-dollar deductible. If replacement tools have not been secured, the employee shall return all reimbursement funds received from the county. Reimbursement for personal prostheses such as hearing aids or corrective lenses, will be at comparable replacement cost of such items damaged beyond repair and the repair cost of items that are repairable. The amount of reimbursement shall not include the cost of fittings or examinations. Jewelry items do not come within the definition of property as set forth in the Government Code. Therefore, no reimbursement will be made for damaged or lost jewelry items. Reimbursement for damaged or lost watches is limited to the functional value of the watch, not to exceed ($70) seventy dollars. The amount of reimbursement for damaged articles of clothing will be determined by the following formula based on the comparable replacement cast, the age, the life expectancy, and the condition of the damaged article: LIFE EXPECTANCY RATES MEN'S WEAR. WOMEN'S WF,AR ITEM Rt~TE (yrs} ITEM I) Coats & Jackets 4 I } Blouses Leather & Suede S 2} Coats & Jackets 2) Hats 2 Feather & Suede 3) Neckties 2 3) Dresses 4) Rainwear 4) Rainwear . ~ :;~~, , ~ ;z~ .,_.. R~.v ~.a^ `C3 RATE (yrs) 4 :~;F; =t9 Personnel Rules Plastic 2 Plastic Fabric 4 Fabric ~ 5) Shoes 3 5) Shoes 6) Shirts 3 6) Shirts ~ 7) Slacks 4 7) Slacks 3 8) Sport Coats 5 8) Suits ~ 9) Suits 4 ~) Sweaters 4 10} Sweaters 4 10) Underwear 11) Underwear 2 Slips 2 12) Work Clothes 3 Foundation Garments 1 Panties 1 CALCULATION OF CLAIMS REIMBURSEMENT VALUES Life Expectancy Rating of Article Age of Article in Months 1 2 3 4 5 0-4 0-4 0-4 0-4 0-4 4-7 4-7 4-10 4-13 4-16 7-9 7-13 10-19 13-25 16-31 4-ll 13-19 19-28 25-37 31-46 11-13 19-25 28-37 37-49 46-61 13+ 25+- 37+ 49+ 61+ °1o Replacement Cost Based on Condition Excellent Average Poor ]00% 100% 100% 75% 75% 60% 70% 60% 45% 50% 40% 30% 30% ZO% IS% 2U°lo 15% 10°l0 An employee shall report loss or damage of personal property to the appointing authority using the county accident report form. Damaged articles for which reimbursement is made may be required to be surrendered to the appointing authority, and shall be disposed of in a manner approved by the Purchasing Agent. The appointing authority shall conduct a complete investigation of the incident and damage to include interviewing claimant and any witnesses, inspecting damaged property when applicable, and evaluating the condition of the article in accordance with the reimbursement schedule. Based on the investigation, the appointing authority shall in writing approve, deny, or modify the claim. Reimbursement cost authorized under the rules shall be submitted by claim to the Auditor by the appointing authority and charged to the department to which the employee was assigned at the time of the loss. No reimbursement is authorized for loss or damage primarily attributable to the claimant's own negligence or to normal wear and tear or for claims filed after 30 days of the loss or damage or the employee's knowledge of such loss or damage. 10 EMPLOYEE RELATIONS 10.1 STATEMENT OF PURPOSE 1?.e~~ ~u^ `03 Personnel Rules These rules implement Chapter 14, Division 4, Title 1 of the Government Code of the State of California (Sections 3500 et seq.) captioned "t,oca] Public Employee Organizations," by providing orderly procedures far the administration of'employer-employee relations between the county and its employee organizations. However, nothing contained herein shall be deemed to supersede the provisions of the state law, County {Charter), ordinances, and rules which establish and regulate the merit and civil service system, or which provide far other methods of administering employer-employee relations. These rules are intended, instead, to strengnhen merit, civil service, and other methods of administering employer-employee relations through the establishment of uniform and orderly methods of communications between employees, employee organizations, and the county. It is the purpose of these rules to provide procedures for meeting and conferring in good faith with Recognized Employee Organizations regarding matters that directly affect and primarily involve the wages, hours, and tither terms and conditions of employment of employees in appropriate units and that are not preempted by federal or state law {or the County Charter). I-lawever, nothing herein shall be construed to restrict any legal or inherent exclusive county rights with respect to matters of general legislative or managerial policy, which include, among others: the exclusive right to determine the mission of its constituent departments, commissions, and boards; to set standards of service; to determine the procedures and standards of selection for employment; direct its employees; take disciplinary action; relieve its employees from duty because of lack. of work or for other legitimate reasons; maintain the efficiency of governmental operations; determine the methods, means, and Human Resources by which government operations are to be conducted; take till necessary actions to carry out its mission in emergencies; and exercise complete control and discretion aver its organization and the technology of performing its work. 10.2 FILING_nF RECQGNITION PETITION BY EMPLOYEE ORG~NIZ~TION An employee organization that seeks to be formally acknowledged as the Recognized Employee Organization representing the employees in an appropriate unit shall file a petition with the Employee Relations Officer containing the following information and documentation: a) Name and address of the employee organization. b) Names and titles of its officers_ c) Names of employee organization representatives who are authorized to speak on behalf of the organization. d) A statement that the employee organization has as one of its primary purposes representing employees in their employment relations with the county. e) A statement as to whether the employee organization is a chapter of, or affiliated directly or indirectly in any manner with, a local, regional, state, national, or international organization and if so, the name and address of each such other organization. Personnel Rules f) Certified copies of the employee organization's constitution and by-laws. g) A designation of those persons, not exceeding (2) two in number, and their addresses, to whom notice sent by regular United States mail will be deemed sufficient notice on the employee organization for any purpose. h) A statement that the employee organization has no restriction on membership based on race, national origin, politics, religion, age, sex, marital status, or handicap. i) The job classifications or titles of employees in the unit claimed to be appropriate and the approximate number of member employees therein. j) A statement that the employee organization has in its possession proof of employee support as herein defined to establish that a majority of the employees in the unit claimed to be appropriate have designated the employee organization to represent them in their employment relations with the county. Such written proof shall be submitted for confirmation to the Employee Relations Ot~icer ar to a mutually agreed upon disinterested third party. k) A request that the Employee Relations Officer formally acknowledge the petitioner as the Recognized Employee Organization representing the employees in the unit claimed to be appropriate for the purpose of meeting and conferring in good faith. The petition, including the proof of employee support and all accompanying documentation, shall be declared to be true, correct, and complete, under affirmation, by the duly authorized ofTicer(s) of the employee organization executing it. 10.3 COUNTY RESPONSE TO RECOGNITION PETITION ITpon receipt of the petition, the Employee Relations Officer shall determine whether, a) Thcre has been compliance with the requirements of the Recognition Petition; and b) The proposed representation unit is an appropriate unit in accordance with these rules. c) If an affirmative determination is made by the Employee Relations Officer on the foregoing (2) two matters, the Employee Relations Officer shall so inform the petitioning employee organization, shall give written notice of such request far recognition to the employees in the unit, and shall take no action on said request for (30} thirty days thereafter. If either of the foregoing matters is not affirmatively determined, the Employee Relations Officer shall offer to consult thereon with such petitioning employee organization, and, if such determination thereafter remains unchanged, shall inform that organization of the reasons therefore in writing. The petitioning employee organization may appeal such determination in accordance with these rules. 10.4 OPEN PERIOD FOR I' iLiNG CHALLENGING PETITI.ON Within thirty (30) days of the date written notice was given to affected employees that a valid recognition petition for an appropriate unit has been filed, any other employee organization may file a competing request to be formally acknowledged as the Recognized Employee Organization of the employees in the same or in an overlapping unit (one which corresponds with respect to same but not all the classifications ar positions set faith in the Personnel Rules recognition petition being challenged) by filing a petition evidencing proof of employee support in the unit claimed to be appropriate of at least thirty (30) percent and otherwise in the same form and manner as set forth in these rules. If such challenging petition seeks establishment of an overlapping unit, the Employee Relations Officer shall call for a hearing on such overlapping petitions for the purpose of ascertaining the more appropriate unit, at which time the petitioning employee organizations shall be heard. Thereafter, the Employee Relations Officer shall determine the appropriate unit or units in accordance with. the standards in these rules. The petitioning employee organizations shall have {15) fifteen days from the date of notice of such determination is communicated to them by the Employee Relations Officer to amend their petitions to conform to such determination or to appeal such determination pursuant to these rules. 10.5 ELECTION PROCEDURE The Employee Relations Officer shall arrange for a secret ballot election to be conducted by a party agreed to by the .Employee Relations Officer and the concerned employee organization(s), in accordance with its rules and procedures subject to the provisions of these rules. All employee organizations who have duly submitted petitions which have been determined to be in conformance with these rules shall be included on the ballot. The choice of "no organization" shall also be included on the ballot. Employees entitled to vote in such election shall be those persons employed in regular positions within. the designated appropriate unit who were employed during the pay period immediately prior to the date which ended at ]east fifteen (IS) days before the date the election commences, including those who did not work. during such period because of illness, vacation, or other authorized leaves of absence, and who are employed by the county m the same unit on the date of the election. An employee organization shall be formally acknowledged as the Recognized Employee Organization for the designated appropriate unit following an election or run-otT election if it received a numerical majority of all valid votes cast in the election. In an election involving three (3) or more choices, where none of the choices receives a majority of the valid votes cast, arun-oiI'election shall be conducted between the two (2) choices receiving the largest number of valid votes cast; the rules governing an initial election being applicable to a run-off election_ There shall be no more than one (1) valid election under these rules pursuant to any petition in a twelve (12) month period affecting the same unit. In the event that the parties are unable to agree on a third party to conduct an election, the election shall be conducted by the California State Conciliation Service. Costs of conducting elections shall be borne in eciual shares by the county and by each employee organization appearing on the ballot. 10.6 PROCEDURE FOIZ__ DECERTIFICATIQN OF RI~COGNIZh;D EMPLOYF,E -_ ORGANIZATION A Decertification Petition alleging that the incumbent Recognized Employee Organization no longer represents a majority of the employees in an established appropriate unit may be Rc ~`~ `(i3 Personnel Rules filed with the Employee Relations Officer only during the month of January of any year following the first full year of recognition (this does not apply to BCEA) or during the thirty (30) day period commencing one hundred eighty (180} days prior to the termination date of a Memorandum of Understanding then having been in effect less than three (3) years, whichever occurs later (this latter portion applies to all bargaining units). A Decertification Petition maybe filed by two {2) or more employees ar their representative, or an employee organization, and shall contain the following information and documentation declared by the duly authorized signatory under penalty of perjury to be true, correct, and complete: a) The name, address, and telephone numbers of the petitioners and a designated representative authorized to receive notices or requests for further information. b) The name of the established appropriate unit and of the incumbent Recognized Employee Organization sought to be decertified as the representative of that unit. c) An allegation that the incumbent Recognized Employee Organization no longer represents a majority of the employees in the appropriate unit, and any other relevant and material facts relating thereto. d) Proof of employee support that at least (30) thirty percent of the employees in the established appropriate unit no longer desire to be represented by the incumbent Recognized Employee Organization. Such proof shall be submitted for confirmation to the Employee Relations Officer or to a mutually agreed upon disinterested third party within the time limits specified in these rules. e) An employee organization may, in satisfaction of the Decertification Petition requirements hereunder, file a petition under this section in the form of a Recognition Petition that evidences proof of employee support of at least (30) thirty percent, and otherwise conforms to the requirements of these rules. f) The Employee Relations Officer shall initially determine whether the petition has been filed in compliance with the applicable provisions of these rules. if the determination is in the negative, the Employee Relations Officer shall offer to consult thereon with the representative(s) of such petitioning employees or employee organization, and if such determination thereafter remains unchanged, shall return such petition to the employees or employee organization with a statement of the reasons therefore in writing. The petitioning employees or employee organization may appeal such determination in accordance with these rules. g) If the determination of the Employee Relations Officer is in the affirmative, or if the negative determination is reversed on appeal, the Employee Relations Officer shall give written notice of such Decertif cation of Recognition Petition to the incumbent Recognized Employee Organization and to unit employees. The Employee Relations Officer shall thereupon arrange for a secret ballot election to be held on or about fifteen (15) days after such notice to determine the wishes of unit employees as to the question of decertification, and if a Recognition Petition was duly filed hereunder, the question of representation. Such election shall be conducted in conformance with these rules. Rev :~ar~ `03 Personnel Rules l 0.7 POLICY AND STANDARDS .FOR ,DETERMINATION OF APPROPRIATE UNI I'S The policy objectives in determining the appropriateness of units shall be the effect of a proposed unit on the efficient operations of the county, its compatibility with the primary responsibility of the county and its employees to effectively and economically serve the public, and providing employees with efTective representation based on recognized community of interest considerations. These policy objectives require that the appropriate unit shall be the broadest feasible grouping of positions that share an identifiable community of interest. Factors to be considered shall be: a) Similarity of the general kinds of work performed, types of qualifications required, and general. working conditions. b) History of representation in the county and similar employment; except however, that no unit shall be deemed to be an appropriate unit solely on the basis of the extent to which employees in the proposed unit have organized. c} Consistency with the organizational patterns of the county. d) Number of employees and classifications and the effect on the administration of employer-employee relations of dividing a single or related classification among (2} two or more units. e} Notwithstanding the foregoing provisions of these rules, each appointed department head, as designated in the salary ordinance, shall be excluded from representation in any unit; all other management, confidential, and supervisory employees shall be included in a unit consisting solely of management, confidential, and supervisory employees. f} The Employee Relations Officer shall, after notice to and consultation with affected employee organizations, allocate new classifications or positions to, and delete eliminated classifications or positions from units, in accordance with the provisions of this section. 10.8 PROCEDURE FOR MODIFICATION OF ESTABLISI IED_APPROPRIATE UNITS Requests by employee organizations for modifications of established appropriate units may be considered by the Employee Relations Officer only during the period specified in these rules. Such requests shall be submitted in the form of a Recognition Petition, and in addition to the requirements set forth in these rules, shall contain a complete statement of all relevant facts and citations in support of the proposed modified unit in terms of the policies and standards set forth in these rules. The Employee Relations Officer shall process such petitions as other Recognition Petitions under these rules. The Employee Relations Officer may propose, during the period specified in these rules, that an established unit be modified. The Employee Relations Officer shall give written notice of the proposed modification(s) to any affected employee organization and shall hold a meeting concerning the proposed modifications}, at which time all affected employee organizations shall be heard. Thereafter the Employee Relations Officer shall determine the composition of the appropriate unit or units in accordance with these rules, and shall give -..y .- ,a ~os Personnel Rules written notice of such determination to the affected employee organizations. The Employee Relations Officer's determination may be appealed as provided by these rules. If a unit is modified pursuant to the motion of the Employee Relations Officer hereunder, employee organizations may thereafter fi]e Recognition Petitions seeking to become the Recognized Employee Organization for such new appropriate unit or units pursuant to these rules. 10.9 APPEALS An employee organization aggrieved by an appropriate unit determination of the Employee Relations Officer under these rules may, within ten (10) days of notice thereof, request the intervention of the California State Conciliation Service pursuant to Government Code Sections 3507.1 and 3507.3, or may, in lieu thereoforthereafter, appeal such determination to the Board for final decision within fifteen (15) days of notice of the Employee Relations Officer's determination or the termination of proceedings pursuant to Government Code Sections 3507.1 or 3507.3, whichever is later. An employee organization aggrieved by a determination of the Employee Relations Officer that a Recognition Petition, Challenging Petition or Decertification of Reco~mition Petition, or employees aggrieved by a determination of the Employee Relations Officer that a Decertification Petition, has not been filed in compliance with the applicable provisions of these Holes, may, within fifteen (15) days of notice of such determination, appeal the determination to the Board for final decision. Appeals to the Board shall be filed in writing with the Clerk of the Board, and a copy thereof` served on the Employee Relations Officer. The Board shall commence to consider the matter within thirty (30) days of the filing of the appeal. The Board may, in its discretion, refer the dispute to a third party hearing process. Any decision of the Board on the use of such procedure, andlor any decision of the Board determining the substance of the dispute, shall be final and binding. 10.10 SUBMISSION OF CURRENT INFORMATION BY RECOGNIZED EMPLOYEE ORGANIZATIONS All changes in the information filed with the county by a Recognized Employee Organization under these rules shall be submitted in writing to the Employee Relations Officer within (30) thirty days of such change. 10.11 PAYROLL DEDUCTIONS ON BEIIALF OF EMPLOYEE ORGANIZATIONS Upon formal acknowledgment by the county of a Recognized Employee Organization under these rules, only such Recognized Employee Organization may be provided payroll deductions of membership dues and insurance premiums far plans sponsored by such organization upon the written authorization of employees in the unit represented by Recognized Employee Organization on forms provided therefore by the county. The providing of such service to the Recognized Employee Organization by the county shall be contingent upon and in accordance with the provisions of Memorandum of Understanding ~.E.v~ ~:~~, X0:3 Personnel Rules and/or applicable administrative procedures. 10.12 EMPLOYEE ORGANIZATION ACTIVITIES-USE OF COUNTY RESOURCES Access to county work locations and the use of county paid time, facilities, equipment, and other resources by employee organizations and those representing them shall be authorized only to the extent provided for in Memorandum of Understanding andlor administrative procedures, shall be limited to activities pertaining directly to the employer-employee relationship and not such internal employee organization business as soliciting membership, campaigning for office, organization meetings, and elections, and shall not interfere with the efficiency, safety, and security of county operations. 10.13 ADMINISTRATIVE RULES AND PROCEDURES The Employee Relations Officer is hereby authorized to establish such rules and procedures as appropriate to implement and administer the provisions of these rules after consultation with affected employee organizations. 10.14 INITIATION OF IMPASSE PROCEDURES If the meet and confer process has reached impasse as defined in these rules, either party may initiate the impasse procedures by filing with the other party a written request for an impasse meeting, together with a statement of its position on all disputed issues. An impasse meeting shall then be scheduled promptly by the Employee Relations Officer. The purpose of such impasse meeting shall be: a) To identify and specify in writing the issue or issues that remain in dispute; b) To review the position of the parties in a final effort to resolve such disputed issue or issues; and, c) If the dispute is not resolved, to discuss arrangements for the utilization of the impasse procedures provided herein. 10.15 IMPASSE, PROCEDURES Impasse procedures arc as follows: a) If the parties agree to submit the dispute to mediation, and a~ ee on the selection of a mediator, the dispute shall be submitted to mediation. All mediation proceedings shall be private. The mediator shall make no public recommendation, nor take a.ny public position at any time concerning the issues. b) If the parties fail to agree to submit the dispute to mediation or fail to agree on the selection of a mediator, or fail to resolve the dispute through mediation within fifteen (15) days after the mediator commenced meeting with the parties, the parties may agree to submit the impasse to fact-finding. c} Ifthe parties agree on fact-finding, they may agree on the appointment of one {1) or more fact-finders. If they fail to so agree an one (1) or more fact-finders, afact-finding panel Personnel Rules of three (3) shall be appointed in the following manner: one (1) member of the panel shall be appointed by the Employee Relations Officer; one (1) member shall be appointed by the Recognized Employee Organization and those two (1) shall name a third, who shall be the chairman. If they are unable to agree upon a third, they shall select by agreement the third member from one (1) or mare lists of names to be provided by the California State Conciliation Service. The following constitute the jurisdictional and procedural requirements for fact-finding: The fact-finders shall consider and be guided by applicable federal and state laws (and Charter provisions). Subject to the stipulations of the parties, the fact-finders shall determine and apply the following measures and criteria in arriving at their findings and recommendations: As relevant to the issues in dispute, the fact-finders shall compare the total compensation, hours, and conditions of employment of the employees involved in the fact-finding proceeding with the total compensation, hours, and conditions of employment of other employees performing similar services in public and private employment in the same and comparable communities. "Total compensation" shall mean all wage compensation, including, but not limited to premium, incentive, minimum, standby, out-of--class and deferred pay; all paid leave time; all allowances, including, but not limited to, educational and uniform benefits; medical and hospitalization benefits; and insurance, pension, and welfare benefits. The facts-finders shall then adjust the results of the above comparisons based on the following factors: a) Equitable employment benefit relationships between job classifications and positions within the county. b) The pattern of change that has occurred in the total compensation of the employees in the unit at impasse as compared to the pattern of change in the average consumer price index for goods and services, commonly known as the cost of living index. c) The benefits of job stability and continuity of employment. d) The difficulty, or lack thereof, of recruiting and retaining qualified Human Resources. e) The fact-finder(s) shall then determine recommendations based on the comparisons as adjusted above, subject to the financial resources of the county to implement them, taking into account: f) Other legislatively determined and projected demands on agency resources; g) Assurance of sufficient and sound budgetary reserves; and h) Statutory (and Charter) limitations on tax and other revenues and expenditures. The fact-finder(s) shall make written findings of fact and recommendations for the resolution of the issues in dispute, which shall be presented in terms of the criteria, adjustments, and r~~..r:~. -.ol ;~.~~s ,~~ ~$ Personnel Rules limitations specified above. Any member of a fact-finding panel shall be accorded the right to file dissenting written findings of fact and recommendations. The fact-finder or chairman of the fact-finding panel shall serve such findings and recommendations an the Employee Relations Officer and the designated representative of the Recognized Employee Organization. If these parties have not resolved the impasse within (10) ten days after service of the findings and. recommendations upon them, the fact-finder or the chairman of the fact-finding panel. shall make them public by submitting them to the Clerk of the Board for consideration by the Board in connection with the Board's legislative consideration of the issues at impasse. If the parties agree to submit the impasse directly to the Board, or if the parties do not agree on mediation or the selection of a mediator and do not agree on fact-finding, or having so agreed, the impasse is not resolved through such mediation and/or fact-finding, the Board shall take such action regarding the impasse as, in its discretion, it deems appropriate as being in the public interest. Any legislative action by the Board on the impasse shall be final and binding. 10.16 COSTS OF IMPASSE PROCEDURES The costs for the services of a mediator and fact-finder or chairman of afact-finding panel utilized by the parties, and other mutually incurred costs of mediation and fact-finding, shall be borne equally by the county and the Recognized Employee Organization. The cost for a fact-finding panel member selected by each party, and other separately incurred casts, shall be borne by such party. 10.17 CONSTRUCTION These rules shall be administered and construed as follows: a) Nothing in these rules shall be construed to deny to any person, employee, organrzat~on, the county, or any authorized officer, body, or other representative of the county, the rights, powers, and authority granted by federal or state law (or County Charter provisions). b) These rules shall be interpreted so as to carry out the employee relations purposes. c} Nothing in these rules shall be construed as making the provisions of California Lobar Code Section 923 applicable to county employees or employee organizations, or of giving employees or employee organizations the right to participate in, support, cooperate, or encourage, directly or indirectly, any strike, sick out, or other total or partial stoppage or slowdown of work. In the event employees engage in such actions, they shall subject themselves to discipline up to and including termination and may be deemed to have abandoned their employment; and employee organizations may thereby forfeit all rights accorded them under this resolution and other county law for a period up to (1) one year from commencement of such activity. 10.18 SEVL-R.ABILIT_Y Personnel Rules If any provision of these rules, or the application of such provision to any person or circumstance, shall be held invalid, the remainder of these rules, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. 11 COMPENSATION 11.1 PREPARATION OF COMPENSATION PLAN The Director -Human Resources annually shall prepare a compensation plan covering positions in the classified service. The Director -Human Resources shall consider the following: a) The rates of pay for comparable work. under comparable working conditions in the counties of: Fresno, Kern, Merced, Shasta, Stanislaus, Sutter, Tehama, Tulare, Yolo, and Yuba, and local prevailing pay practices when applicable. b) The Consumer Price Index data as published by the Bureau of Labor Statistics for the United States All Items, 1967 Base Year. c) The achievement of equitable relationships between the various classes of positions in the classified service in accordance with their relative difficulty and responsibility. d) The recent experience of the county in attracting and retaining Human Resources in the various classes of positions in the classified service after extensive recruitment efforts have been made. e) The comments of employees, recognized employee organizations, and management retarding the adequacy and equity of the current compensation and ftinge benefit plans. f) The ability of the county to finance adjustments in the compensation and fringe benefit plans. 11.2 ADOPTION OR COMPENSATION PLAN The Board shall annually adopt a compensation plan for county employees. 11.3 APPLICATION OF COMPENSATION RATES An employee shall be paid a salary or wage within the range or rate or equivalent hourly rate, established for the class of position to which the person has been appointed as provided in the salary ordinance, except as provided by these rules. 11.4 COMPENSATION PAYMENT SCHIDUI.,E a) Schedule of Pa.~ Notwithstandint any provisions of this resolution to the contrary, adjustments to the biweekly salaries for rates shown in those sections of the salary schedule which outline the salary plans for classified positions represented by the County's recognized bargaining units, and those sections which outline the salary plans ~ ~raonr .1 F,u~c~ P FJt) K =. ~.' ,Ja., .,, ,5 , Personnel Rules for appointed department heads, elected department heads, and appointed officials shall be rounded to the nearest whole dollar- For the purpose of setting pay periods throughout the year beginning January I, 1972, each biweekly pay period will commence on Saturday at 12:01 a.m. and will end at 12:00 midnight on the second Friday following. Each fourteen (14) day biweekly period will normally encompass ten (10) assigned compensated days including holidays for regular employees. Regular employees performing less than full-time services during any biweekly period shall be compensated on a prorate basis, the ratio being the percentage of time worked to the aforesaid biweekly period. Extra-help employees shall be paid on an hourly basis for hours actually worked. Said hourly rates shall be computed by dividing the biweekly rate for the assigned classification by the eighty (80) hours and rounded offto the nearest 1 done) cent. b) Certification.. Each appointing authority shall at the time the payroll is submitted to the Auditor certify that each employee has performed. all services required. The Auditor shall not issue a payroll warrant unless there is a valid Human Resources action form approved by the Director -Human Resources to substantiate the position, classification, and pay rate for each employee shown in the salary ordinance, or as authorized in these rules for the department payroll. The Director -Human Resources shall determine and certify the payroll of the employees of the Auditor before payroll warrants are issued to such employees. c) Separation. When an employee leaves county service for any reason, an action form shall be prepared and forwarded to the Director -Human Resources. The appointing authority may immediately prepare a special payroll, certify it as provided in this section, and submit it to the Auditor who shall issue a warrant upon the receipt of an action farm approved by the Director -Human Resources. 11.5 COMPENSATION AT HIRING a) New Employees. All newly appointed regular employees shall be paid at the first step of the salary range for the class of position to which the employee is appointed unless otherwise specified in these rules. Extra-help employees are typically compensated at the hourly rate of the first step of the salary range of the position to which they are appointed. b) Advanced Step I-Ii~rin~. If the Director -Human Resources finds that qualified applicants cannot be successfully recruited at the first step of the salary range, the Director - human Resources may request the Board to authorize an appointment at an advanced step of the salary range. Whenever advanced step hiring is approved, an employee being paid at a lower salary step in the same class may be advanced to the step of the range to which the new employee is appointed. Medical classifications that include physicians, psychologists, nurses, therapists, and Mental Health Clinicians may be hired at a step above the first step of the range. <;:>- ~ a rat,? ~_, ~~~~ ~1 ~~.vv ~;~,1 n~ Personnel Rules c) 1~armer Employees. A person who previously held permanent status in a class from which the person was separated in good standing may, when reemployed in a regular- help position in a class with the same or lower pay range than held at separation, be appointed at the same salary rate which was paid at the effective date of the person's termination or the nearest lower applicable rate for the class to which the person is appointed provided such regular reemployment occurs within (12) twelve months from the date of termination. 11.6 MERIT ADVANCEMENT WITIIIN RANGE a) Performance Report Required. An appointing authority shall review a regular employee's performance to determine whether or not the employee should receive a merit advancement within the salary range. This determination shall be noted on a performance evaluation form and together with an action form be forwarded to the Director -Human Resources. b) Period of Employment Required for Merit Advancement. Unless otherwise specified in these rules, each employee shall, in addition to the required performance standards, complete the following required time in regular-help status to be eligible to receive a merit increase. c) New Employees. A person hired as a new county employee shall have a merit advancement date which is (1) one year following the appointment date. d) Promotion or Demotion. An employee who is promoted ar demoted shall have a merit advancement date which shall be (1) one year from the date of promotion or demotion. e) Transfer or Voluntary Demotion. An employee who transfers or who voluntarily demotes to a class of position at a lower salary range shall have no change in merit advancement date. f) Change in Range.~llocation. If the salary range for an employee's class is changed, the employee's merit advancement date shall nat change. g) Position Reclassification. An employee whose position is reclassified to a classification having the same or a lower salary range shall have no change in merit advancement date. An employee whose position is reclassified to a classification having a higher salary range shall have a merit advancement date which is (1) one year following the effective date of the position reclassification. When a position is reclassified prospectively, not done based on an incumbent's current duties, to a higher classification for which the incumbent meets the minimwn qualifications, incumbent shall serve a six (6) month probationary period in the higher classification. Pursuant to Personnel Rules Section 7.3, if the employee is rejected during the probationary period in the higher class of position, the employee shall have the right, in lieu of termination, to voluntarily demote back to the former class of position in which permanent status was held. h) Step Adjustments. An employee whose salary step is adjusted to a higher step ~~~ithin the salary range shall have a merit advancement date elective one (1) year from the date of R='v J.en ;ins Personnel Rules adjustment. i} Effective Date_ When an employee's merit advancement date falls in the first week of a pay period, the employee's merit increase shall take place on the first day of that pay period. When an employee's merit advancement falls in the second week of the pay period, the employee's merit increase will take place on the first day of the next pay period. An appointing authority ma.y delay the effective date of a merit advancement up to ninety (90) days beyond the employee's merit advancement date without affecting the employee's normal merit advancement date. In case of such delay, the employee's merit advancement shall be effective the first day of the pay period following the approval of the appointing authority. If a merit advancement is delayed beyond ninety (90) days from the employee's merit advancement date due to denial of the increase by the appointing authority or designee, the employee shall not be eligible for merit increase until the employee's neh~t normal merit advancement date. j) Regular Part-Time Employees. For the purpose of this section regular part-time employees shall be considered in full-time service and shall be eligible for merit increases at the time prescribed. 11.7 PROMOTION Regular employees promoted to a position in a class with a higher salary range may be paid either at the minimum rate of the new range or at the nearest higher rate that the employee would otherwise be entitled to an the date the promotion is effective, whichever is greater, provided that an employee promoted to a salary range in excess of (1) one range above the employee's farmer range shall receive no less than (1) one range increase in rate. 11.8 DEMOTION Regular employees demoted to a position in a class with a lower salary range may be paid either at a rate that is (1}one less than the employee's rate before the demotion or at a lesser rate as determined by the appointing authority. 11.9 I.A"FERAL TRANSFER A regular employee may, upon approval of the appointing authority, laterally transfer to a position having the same salary range as that held by the employee and far which the employee meets the minimum qualifications as determined by the Director - 1--luman Resources. ror the purposes of this section, the same salary range means approximately (na more than 4.9%) the same beginning and ending salary. An emplayee laterally transferred shall maintain the same merit advancement date and shall receive the same salary rate that employee would otherwise be entitled to on the date of the transfer. A probationary emplayee must complete the probationary period in the lateral transfer class. r som I ;t~ ~ ~~ Paa= 63 }~ 2 V J is II ~ l'- Personnel Rules An appointing autharity shall consider lateral transfer requests from employees represented by the Butte County Management Employees Association (BCMEA) that are in the same classification as the vacancy. An appointing autharity shall, before filling the position, interview the transfer applicants on file with. the Department of Human Resources. Any BCMEA represented employee may submit a request for transfer on a form approved by the Department of Human Resources. Such requests may be submitted at any time. If and when a vacancy occurs, the submitted applications shall be considered. Seniority shall be given consideration. 11.10 VOLUNTARY DEMOTIOI'~l A regular employee who, upon approval of the appointing authority, voluntarily demotes to a position having a lower salary range than that held by the employee and for which the employee meets the minimum qualifications as determined by the Director -Human Resources, shall receive the same salary rate the employee would otherwise be entitled to on the date the voluntary demotion is effective or the nearest lower applicable rate. A probationary employee must complete the probationary period in the demotion class. An employee who held permanent status in a class with a salary range higher than that to which the cmplayee has voluntarily demoted shall not be required to serve a new probationary period. A promoted employee, who during the probationary period voluntarily demotes to a class with a lower salary range, shall have the assigned pay rate and merit advancement date in the lower classification computed upon the pay rate and merit advancement date the employee held prior to the promotion. 11.11 CHANGE IN RANGE ALLOCATION The salary step of an employee in a position in a class which is reallocated to a new salary range shall be adjusted to the corresponding step of the new range. Should the new salary range be less than the employee's existing range the employee's salary rate shall not be reduced but maintained in a "Y" rate condition until the employee's merit advancement date or the salary range for the class is increased at which time the employee's pay rate shall be adjusted to the nearest higher rate in the salary range for the class. 11.12 POSITION RECLASSIFICATION Reclassification requests being made pursuant to Section 5.5 of the Personnel Rules, shall be considered by the Human Resources Director and Chief Administrative Officer on an annual basis in concert with annual budget preparation only. Reclassification requests submitted during any other period shall not be considered until the established submission period unless deemed to be an urgent issue as approved by the Chief Administrative Officer. The salary rate of an employee in a position which is reclassified shall be determined as Personnel Rules follows: a) Reclassification & No Change in Salarv. If the position is reclassified to a classification at the same salary range, the employee's salary step shall not change. b) Reclassification to Position With Higher Sa1~_Ran~e. If the position is reclassified to a classification with a higher salary range, the employee shall be paid at either the minimum rate of the new range or at the nearest higher rate of the new range, provided that the new rate is at least a one step increase that would have been applicable had the employee's classification not changed. c) Reclassification to Position With Lower_Salary Range. If the position is reclassified to a classification with a lower salary range, the salary rate of the employee shall not be reduced, but shall be maintained in a "Y" rate condition until the employee's merit advancement date or an adjustment is made to the salary range for the classification at which time the employee's salary rate shall be adjusted to the nearest higher rate in the pay range for the class. d) Change In Classification Title Only. A change in title accompanied by a salary increase but with no substantive change in the classification or its duties and responsibilities is not subject to receiving a minimum S% increase and there shall be no change in the employee's anniversary date for merit increase consideration. 11.13 BOARD AUTHORITY_TO SPECIFY_SALARY Notwithstanding anything in these rules to the contrary, the Board may specify that a person appointed to a particular position shall occupy any step on the salary range for the class of position to which appointed. Action based on this section shall be taken only under unusual circumstances where such action is important to the successful operation of a department of the county government. Additionally, as defined in Government Cade Section 20023, the Board of Supervisors may authorize payment of a S°l° pay differential or special compensation for an employee performing "special skills, knowledge, abilities, work assignment, workdays or hours, or other work conditions" for services rendered during normal working hours. 11.14 OVERTIME a) P~licy. It is the policy of the Board that overtime work is discouraged, that each appointing authority is to arrange the work of the department so that employees shall work. not more than the standard departmental work week, that overtime work be held to a minimum consistent with the efficient performance of necessary functions, and that overtime work be used only for emergencies or when temporarily using regular employees on an overtime basis can be shown to be more economical than by using extra help. It is recognized that occasional overtime work may be necessary, and that in such instances provisions shall be made to authorize, keep records, and compensate i . ,:~~.~t. xu ~~ i~~,g~ 65 ~- ~ J.-~~ ~o~ Personnel Rules employees for such necessary overtime work. b) Work Period. The norrnal biweekly work period shall commence 12:01 a.m. every other Saturday. Each regular full-time employee shall work eighty {80) hours per biweekly period. c) -Authorization for Overtime Work. Overtime work shall be performed only upon authorization of the appointing authority or subordinate empowered to authorize the same. Overtime is any work of at least (12) minutes in excess of the normal assigned workday or eight (8) hours per day or forty (40) hours per week. For employees whose normal assigned workday is in excess of eight (8) hours, overtime shall be work of at least twelve (12) minutes in excess of the normally assigned work hours. For purposes of calculating overtime, all paid time of, with the exception of sick leave, shall be considered time worked. d) Records of Overtime Work and Justification. Each appointing authority shall keep an accurate record of all authorized work time including the actual overtime hours worked by the individual employee together with justification for its authorization in each case and the manner and time in which the employee was compensated for overtime work. e) forting Paid Oyertime_ Total hours of authorized overtime to be credited for each eligible employee for a biweekly pay period shall be reported to the Auditor on the payroll pre-list. f) Overtime Compensation. Except as otherwise provided in these rules, employees shall be paid at one and one-half times the applicable straight hourly rate or granted the equivalent hours of compensatory time off Compensatory time off shall be scheduled at a time mutually agreed. upon by the employee and the appointing authority within (180) one hundred eighty days following the overtime worked. If the appointing authority cannot schedule the time offwithin (180) one hundred eighty days following the overtime worked, the employee shall be paid the equivalent compensation. g) Frin~e_Benefits Not Affected by_t7vertime, Overtime work shall not be a basis of increasing vacation or sick leave benefits, nor shall it be a basis of advancing completion of required periods for probationary or salary step advance. h) Overtime for Callback- An employee who is required to return to work on an overtime basis shall receive a minimum credit for two hours work. i) Exempt Employees. The overtime provisions of this section shall not apply to department heads or to designated classifications in positions as defined in these rules. j) Extra Help Emplo.~ Extra help employees are eligible far overtime only for those hours worked over 40 (forty) in a work week. ~~-, Jam„ ~o< Personnel Rules Except as provided, an incumbent in a position defined as Exempt or appointed department head, shall receive administrative leave in lieu of paid overtime. Administrative leave in lieu of paid avertime shall be accumulated at a rate of 0.1923 days for each biweekly period of compensated service. Effective December 21, 2002 administrative leave shall be accumulated at a rate of 0.2692 days for each biweekly period of compensated service. Administrative leave may he accumulated to a maximum of forty-four (44) days. Employees who terminate from the county in good standing shall be compensated for any administrative leave accrued under this section, up to the maximum accrued amount. Incumbents in positions defined as Management, Confidential, or Supervisory, who prior to December 24, 1977, were eligible far the paid overtime provisions of these rules, shall continue to be eligible to receive overtime pay or compensatory time. Such incumbent may, through written mutual agreement with the appointing authority, convert from the overtime provisions of these rules to the in-lieu administrative leave provisions. Once such agreement is reached, it shall not be reversible for the position. Whenever a Management, Confidential, or Supervisory position for which the compensated avertime provisions apply becomes vacant, the position shall be identified as one to receive administrative leave in lieu of overtime before the position is refilled. Whenever a new Management, Confidential, or Supervisory position is created or designated pursuant to these rules, it shall be exempt from avertime provisions of these and the in-lieu administrative leave practices shall apply to the position. 11.1 S BILINGUAL PAY DIFFERENTIAL When it has been determined that an employee's use of bilingual language skills or specialized communication skills is essential and critical for the successful performance of the functions of a county department, the emplayee shall receive a pay differential of $5.00 per regularly assigned shin of compensated service. 1~he Director -Human Resources shall formulate policies and procedures for administering the provisions of this section which will require the written justification by the appointing authority, verification of the employee's language or communication skill, and procedures for review of continued need on no less than an annual basis. 11.16 TEMPORARY ASSIGNMENTS TO HIGHER LEVEL CLASSIFICATIONS a) General- Employees may be temporarily assigned by the appointing authority or designee to work in a higher classification. F_,mployees so assigned must perform substantially all of the duties of the higher classification, and shall be compensated with an additional five (5°l0) percent in salary in accordance with the specific MOU applying to the employee. Such assignments must not extend beyond a ninety (90) day period with the exception that an additional ninety (90) day assignment may be made with the written authorization of the Director -Human Resources. Time served in each such assignment shall not contribute towards acquiring probationary or permanent status in the higher class, but may be considered as meeting minimum experience requirements ~~,~ ;gin ., Personnel Rules for a promotional examination. Salary differentials or other pay and benefit provisions of the higher class shall apply during such assignments. Return from such assigmnents to the regular position is not discipline and the disciplinary appeal process does not apply under these circumstances. Assignments under these provisions shall not supplant Human Resources Rules, County Ordinances, or Resolutions with respect to appointments to positions or the allocation of budgeted positions, except as otherwise expressly provided for herein. b) Vacant Positions. Temporary assignments to a higher level classification may be made to provide needed services created by a position becoming vacant. In such cases, the appointing authority shall give first consideration to making a provisional appointment or making a regular appointment from an established eligibility list. Assignments to meet needs created by a vacancy may extend for a period of ninety (90) days, with the exception that an additional ninety (90) day assignment may be made with the written authorization of the Director -Human Resources. c) Baekfillin Positions. The purpose of such assignments is to carry on the functions of a position which has been vacated due to an extended illness, leave of absence, or other similar circumstances as set forth in Section 12.4(f) herein. Such assignments must not extend beyond a ninety (90) day period, with the exception that an additional ninety (90) day assignment may be made with the written authorization of the Director -Human Resources. Assignments to provide required supervisory coverage for institutions such as the Jail, Juvenile Hall or Mental Health facility may exceed ninety (90) cumulative days as long as they are not ninety (90) consecutive days for both backfilling and as a result of vacancies. d) Other Circumstances. In addition to the circumstances listed in Personnel Rule Section l 2.4(f), Temporary Assignment to Fill a Position, the Chief Administrative Officer may authorize temporary assignments to higher level classes that would result in a temporary change in the specific allocation of classes of positions to a department. The purpose of such assignments would be to meet organizational needs pending changes in the classification plan contained in the Salary Ordinance or needed to meet a temporary emergency. 'The same time limits apply as in eases of assignments approved by the Director -Human Resources, as heretofore provided. 1 l .17 SHIFT DIFFERENTIAL PAY A regular employee who is required, as part of a normal work schedule, or the Saturday and Sunday day shift, between 7:00 a.m. and 5:00 p.m. shall receive, in addition to regular pay, eight ($8.00) for each shift worked as shift differential compensation. Employees shall not be entitled to shift differential compensation while on sick leave, vacation, or other paid leaves. The reassignment by the appointing authority of an employee from a shift covered by differential pay to a shift not covered by differential pay shall not be considered as a demotion or lass of pay and shall not be subject to the grievance or appeal process. ~c,u_ ur>1 Ra~,.~ ~ ~~,, Eig hev Jar U Personnel Rules 12 BENEFITS 12.1 VACATION LEAVE Each regular employee in the classified service and appointed department heads shall be entitled to earn vacation as follows: Bargaining Years of Hours Accrued Unit Service Per Pay Period Correctional Officers' Association - 0 4.99 4.3077 General & Supervisory Units 5 - 9.99 5.8462 10 - 19.99 73846 20+ 8.0000 Employees Association -General Unit 0 - 4.99 3.077 5 - 9.99 4.615 10 - 19.99 6.154 _ 20+ 6.769 Employees Association -- Management, 0 - 499 4.3077 Confidential & Supervisory Unit 5 - 999 5.8462 10 19.99 73846 Deputy Sheriffs' Association - General 0 - 4.99 5 - 9.99 l0+ _ 3.0769 4.6153 _ 6.1538 Deputy Sheriffs' Association - Supervisory 0 - 4.99 3.0769 5 - 9.99 4.6153 10+ 6.1538 Social Services Workers Unit 0 - 4.99 3.384 5 - 9.99 4923 10 19.99 6.461 Professional Employees Unit 0 - 4.99 4.3077 5 - 9.99 5.8462 10 - 19.99 7.3846 20+ 8.0000 Appointed department heads 0 - 4.99 4.3077 Unit 5 9.99 5.8462 10 - 19.99 7.3846 20+ 8_oooa An employee who has less than six (6) months of uninterrupted service shall not be entitled to a vacation or to vacation pay upon separation from the classified service. Extra-help employees shall not earn vacation. The maximum vacation accrued on December 31 of any year shall be two (2) times the earning rate. r.=o~ -~ ~.l R~ I ~s ~,~ ~~~ 6y _~ Jan `03 Personnel Rules Upon termination, an employee with more than (6) six months service may be compensated for all unused vacation accrual. Vacations shall be taken. at the discretion of the appointing authority. A departmental vacation schedule shall be arranged with time preference given to employees on the basis of seniority_ When an employee is unable to take scheduled vacation during a calendar year due to unusual and extenuating departmental needs which result in the employee's annual vacation accrual to exceed the maximum limits authorized, the department head shall advise the Auditor that the employee will exceed the annual vacation accrual limits and shall schedule the excess accrual vacation days to be taken offbetween the period of January 1 and. March 31 of the new calendar year. Should the employee voluntarily choose not to take the scheduled vacation during the extension period, the excess accrual days shall be forfeited. Shauld a department head, as a result of emergency needs of the County, be unable to schedule the excess accrual vacation days off during the extension period, the employee shall be paid for the excess accrual of vacation days following the end of the extension period. 12.2 SICK LEAVE a) Emplo. ey e Sick_Leave. Regular employees and appointed department heads shall earn sick leave at a rate of 0.4615 days for each completed unit of service, or prorate portion. Unused sick leave may be accumulated without limitation during a continuous period of employment. Extra-help employees shall not earn sick leave. Sick leave shall not be considered a privilege to be used at the employee's discretion. 1t shall be allowed only in case of necessity for actual sickness or disability. Except in emergency, in order to receive sick leave compensation while absent, the employee shall notify the appointing authority prior to or within four {4) hours after the time set for the beginning of the employee's work shift. The employee shall upon request file a physician's certificate with the appointing authority stating that the absence was medically necessary and the employee's physical ability to return to work. Sick leave time allowed shall be charged to the employee's accrual and paid at the employee's current rate of pay. b) Sick Leave Buy_$ack Option. Upon retirement or termination in good standing an employee who has on accrual more than thirty (30) work days of sick leave may be compensated for that portion over thirty (30) work days at one-half the normal rate of pay for the employee up to a maximum of one thousand frve hundred dollars ($1500). c) Critical Illness in Family. Whenever a regular employee believes it necessary to be absent from duty because of the critical illness of an immediate family member, and the critical illness is not one that qualifies the employee under the County's Family Care and Medical Leave Policy, the employee may request permission of the appointing authority to be absent for not more than six (6) working days with pay. Any time off shall be charged against sick leave_ ,.,:nn?1 xui~.. -rx,~ 70 Personnel Rules Critical Illness for the purpose of this section shall be defined as any illness requiring the attention of a licensed medical practitioner. 12.2.1 FAMILY CARE AND MEDICAL LEAVE General_Palcy Under provisions of the California Family Rights Act (CFRA), CCR Section 825 and the Federal Family and Medical Leave .Act (FMLA), 29 U.S.C. Section 2b01 et seq., Butte County may grant Family Care and Medical Leave (FCML) to a qualifying employee, provided the employee has worked for Butte County for a minimum of 12 months, and has worked at least 1,250 hours in the 12-month period immediately preceding the date the leave begins. Leave may be taken under this policy far up to 12 workweeks in a 12-month period (leave year) for family care and medical leave. Requests for leave in excess of 12 workweeks whether in a paid or unpaid status shall be reviewed on an individual basis relative to the needs of the employee and the needs of the department. The 12-week allowance provided per year is calculated on a calendar year basis commencing the first day that qualifying leave is taken. FMLA and CFRA run concurrently, except in the case of pregnancy disability (discussed further under coordination of PDL, FMLA AND CFRA leaves}. Under allowable circumstances, a department head may Brant FMLA to a key employee but refuse reinstatement if it will cause the department substantial and grievous economic injury. In this situation, however, the department head must notify the employee in writing at the time he or she requests or commences the leave (whichever is earlier) that he or she qualifies as a key employee and what the potential consequences are with respect to reinstatement. Except where the law authorizes a different result, an employee who complies with the provisions of this policy will be guaranteed reemployment upon expiration of an approved leave. The employee will be reemployed in the same or an equivalent position as that which he ar she occupied when the leave commenced. An employee who takes a leave because of his or her awn serious health condition must provide a medical certification prior to returning to work, which verifies that he or she is able to return to work in the same manner as employees who return from other types of medical leave. If an employee fails to return for work immediately after the expiration of the approved leave period, and unless an extension has been requested and granted, the employee may be considered to have voluntarily separated from the employer's employ. However, consideration may be given to sufficient documentation, which demonstrates both the employee's need for the extended leave and an inability by the employee to have properly notified the employer of the need. Leave granted under this policy for part-time employees shall be calculated on a pro-rata basis in accordance with their regular work schedule. For those occupying positions with irregular hours, the average workweek shall be determined by taking an average of the hours worked per week over the previous three-month period. Upon receipt of a request by an employee for FCML, the department head shall immediately forward such notice to the Director -- Human Resources. The Director -- Human Resources ,~ ~:. ,i<:-, ~0 3 Personnel Rules shall have full authority to approve such requests in accordance with the provisions of this policy. Definitions For purposes of this policy, the following definitions shall apply: 1 _ "('ali. fc~rnicz Fumily Rights Act" (CFRA) means leave may be taken for any of the following reasons: a. For the birth of a child for purposes of banding; b. For the placement of a child in the employee's family for adoption or foster care; c. To care for the serious health condition of the employee's child, parent, or spouse; d. For the employee's own serious health condition. 2. "Corti. ficcrtiot7" means a written communication from the health care provider verifying that the employee is unable to work due to hisfher serious health condition or that of his/her immediate family member. 3. "Child'" means a biological, adopted, or foster child, stepchild, or legal ward of the employee, or a child of a person standing in loco parentis who is either: a. Under eighteen years of age; b. 18 years or older who is incapable of self-care because of a mental ar physical disability; c. An adult child, as approved by the Human Resource Director with evidence provided by the employee that he or she is the only individual available to provide the required care. 4. "I~~mployer" means the County of Butte. 5. "li'anaily atzd Medical ~eai~e Act" (FMLA) means leave may be taken for any of the following reasons: a. To care for the employee's child after birth, or placement for adoption or foster care. (Leave for this reason must be taken within the 12-month period following the child's birth or placement with the employee); b. To care for an immediate family member who has a serious health condition; c. For a serious health condition of the employee which prevents him or her from being able to perform the essential functions of his or her position. This includes pregnancy, childbirth or a related medical condition, which are considered serious health conditions under FMLA. 6. "I~'mployment it7 the same or a~ equivalent position" means employment in a position that has the same or similar duties and pay, which can be performed at the same or similar geographic location as the position held prior to the leave. 7. "Health care prrwia'er" means an individual duly licensed as a physician, surgeon, or <srsoi,nel holes - 72 -.v Jon '3 Personnel Rules osteopathic physician or surgeon who directly treats or supervises the treatment of the serious health condition, or any other person determined by 29 CFR 825.800 to be capable of providing health care services under the federal Family and Medical Leave Act. 8. Immediate Family" means spouse; natural, step, or legal child or parent; brother sister; grandchild; grandparent; mother-in-law and father-in-law, brother-in-law, sister-in-law. 9. "Key Employee" means an employee whose salary is in the top 10% of paid employees, either at the work location or within a 75-mile radius of the work location. 10. "I cave Year'' means 12 weeks of leave allowed under FMLA/GFRA and is calculated on the calendar year, January-December of each year. 11. "t'arent" means a biological, foster, or adoptive parent, a stepparent, a legal guardian, or other person who stood in loco parentis to the employee when the employee was a child. 12. "Serious health currditiorr" means an illness, injury, impairment, or physical or mental condition that involves provisions as set forth in 29 CFR 825.114 including either of the following: a. Inpatient care in a hospital, hospice, or residential care facility; b. Any period of incapacity requiring absence from work for more than three consecutive calendar days (including a subsequent treatment or incapacity relating to the same condition) that also involves: 1) Treatment two or more times by a health care provider, by a nurse or physician's assistant under direct supen~ision of a health care provider of health care services (e.g. physical therapist) under orders ot; or on referral by, a health care provider; or 2) Treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of the health care provider. fired Notice and Medical Certification When the Human Resources Department is notif ed by the employee's department that an employee has been absent for more than three consecutive calendar days, the employee shall be put on provisional FMLA/CFRA pending final determination of eligibility. Certification from the employee's treating medical care provider must be provided to the Human Resource Department w=ithin 15 days following notification of provisional F1ti~LA/CFRA status, in order to continue to be covered under this provision. If the employee's need for leave under this policy is foreseeable, the requesting employee shall. provide his or her department head with reasonable advance notice at least 30 days advance notice in writing of the need for leave. If the employee's need for leave is F ~rs~ ~n 1 i;l:l ~., Prge 7„3 ~.._~ Ja^ `G3 Personnel Rules foreseeable, reasonable effort should be made to schedule the treatment to avoid disruption to the operations of the employer. If the employee's need for leave is not foreseeable, the requesting employee must provide notice as soon as practicable. An employee's request for leave to care for an immediate family member who has a serious health condition, shall be supported by a certification issued by the health care provider of the individual requiring care. Failure to provide such certification shall result in the denial of the requested leave. Certification shall be considered sufficient if it includes all of the following: a. The date on which the serious health condition commenced, b. The probable duration of the condition, c. An estimate of the amount of time that the health care provider believes the employee needs to care for the individual requiring the care, d. A statement that the serious health condition warrants the participation of the employee to provide care during a period of the treatment or supervision of the individual requiring care. If additional leave is required, on or before the expiration date of the time estimated by the health care provider, the employee shall be required to obtain recertification and shall be required to provide said recertification to the employer. An employee's request for leave because of the employee's own serious health condition shall be supported by a certification issued by his or her health care provider. Failure to provide such certification shall result in the denial of the requested leave. Certification shall be considered sufficient if it includes all of the following (CF~R 825.311 }: a. The date on which the serious health condition commenced. b. The probable duration of the condition. e. A statement that, due to the serious health condition, the employee is unable to perform the essential functions of his/her position. If additional leave is required, on or before the expiration date of the time estimated by the health care provider, the employee shall be required to obtain recertification regarding the employee's serious health condition and to provide said recertification to the employer. As a condition of the employee's return from leave taken because of the employee's own serious health condition, the employer shall require the employee to obtain a fitness for duty certification from his or her health care provider, at the employee's expense, that the employee is able to resume work {CFR 82S.3I0). In any case in which the employer has reason to doubt the validity of the medical certification provided by the employee for the employee's own serious health condition, the employer may require, at the employer's expense, that the employee obtain the opinion of a second health care provider designated or approved by the employer concerning any information certified. In any case in which the second opinion described above differs from the opinion in the original certification, the employer may require, at the employer's expense, that the employee obtain the opinion of a third health care provider. The third health -,ge ~..onncl RL:1 cs 7`t ._., Jan `03 Personnel Rules care provider must be approved by the employer and the employee; the decision of the third health care provider shall be final and binding. Intermittent or Reduced Leave Leave may be taken intermittently or on a reduced leave schedule to care for an immediate family member with a serious health condition or because of the employee's own serious health condition when medically necessary, and will be counted towards the employee's 12 week FCML leave. Coordination of leave accruals while on FMLA/CFRA An employee taking leave under the FCML policy shall be required to exhaust all sick leave prior to being authorized to take unpaid leave. All leave taken in coordination with FCML is computed toward the total 12-week allowance per year under FCML. Effect on benefits while on FMLA/CFRA Park heave During any period that the eligible employee takes paid leave under the provisions of this policy, the employer shall continue to pay the "employer" portion of the medical, dental, and vision insurance premiums; provided, however, that said employee was eligible for such county paid benefit prior to taking FCML- An employee shall continue to participate in and accrue benefits during any portion of the leave in which the employee remains in a paid status. ~rrpaid Leave During any period that an eligible employee takes unpaid leave under the provisions of this policy, the employer shall continue to pay the "employer" portion of the medical, dental, and vision insurance premiums; the employee, however, shall be responsible for continued payment of the employee portion of medical, dental and vision insurance premiums, provided that said employee was eligible for such benefits prior to taking FCML. Coordination of payment of the employee portion of the medical, dental. and vision insurance payments is made through the Butte County Auditors office. The employee shall retain employee status with the employer, and the unpaid leave shall not constitute a break in service for purposes of longevity or seniority. Return to work from FMI,AICFRA The use of authorized FMLA/CFRA shall not result in the loss of any benefit accrued prior to the start of the FCML, with the exception of any accrued leave used in conjunction with the approved leave. During approved family care and medical leave, the employee shall retain employee status with the employer, and the leave shall not constitute a break in service for purposes of longevity, seniority under any collective bargaining agreement, or employee benefit plan. If an employee qualifies for and takes unpaid leave in excess of two full and consecutive pay F'erscmnel Rul ~.., pUc7~ J I~:tir J,:n `i?: Personnel Rules periods for a qualifying purpose under FCML, the anniversary dale and any associated merit increase shall be extended by an amount which is equivalent to the total unpaid leave. Any increases to pay or change in benefits which are not dependent upon seniority accrual during the leave period will be made effective upon the employee's return to paid status. nil I: il c .~ } ~~ i2-~v San .!g Personnel Rules COORDINATION OF FMLA/CFRAIPDL I<<l~lL,A ar2d CFRg Leave provided under the County's FCML policy shall run concurrently with leave taken pursuant to the FMLA and the CFRA (including leave taken intermittently}, except for any leave taken under the FMLA far disability on account of pregnancy, childbirth, or related medical leave exceeding twelve workweeks in a twelve month period. ~t'tL1LA, t I7ZA and Wor•ker°'s (~ornhensation Lecn~e Leaves of absence taken due to a work related injury or illness qualify under this policy. The rules for coordination of benefits for leave of this nature is the same as that for ather qualifying leaves under this policy. PILL, 1~71~ILA crud ('FRA Leaves related to medical disability due to pregnancy, childbirth or other related medical conditions are governed by three separate laws. a. Under the California Fair Employment and Housing Act, ifan employee is disabled due to pregnancy, childbirth or a related medical condition, she is eligible for Pregnancy Disability Leave (PDL). PDL provides up to four months of time off for a pregnancy related disability. Medically approved leave may betaken consecutively or intermittently for the four-month period. PDL provides job protection for the employee but does not pay medical benefits. An employee maybe eligible for PDI_ even if she doesn't meet the qualifications for FMLA/CFRA. b. The Federal Family and Medical Leave Act (FMLA) regulations define pregnancy, childbirth and related medical conditions to be a "serious health condition." FMLA runs concurrently with the four months of PDL for up to 12 weeks if the pregnancy disability lasts for the full 12 weeks of allotted FMLA leave. During the FMLA the employer's portion of medical, dental and vision premium payments will. continue to be made. The employee's portion of payments for medical benefits will be paid out of the employee's paycheck if the employee is in paid status. If the employee is in non-paid status, helshe will have to make arrangements to pay hislher portion of the premiums to the Auditor's off ce. When an employee and his/her spouse are both employed by Butte County, a combined total of 12 workweeks is allowed for family leave for the birth or placement of a child for adoption or foster care under CFRA/FMLA. The California Family Rights Act (CFRA) eligibility provides for bonding after the birth of a baby_ CFKA does not start until the mother is released from pregnancy disability by her doctor. If an employee has not used the full 12 weeks of FMLA, it will run concurrently with CFRA. An employee must qualify for FMLA when their pregnancy leave first begins in order to qualify for CFRA. CFRA also provides for continuation of the employer portion of the health, vision and dental benefits for the 12 week period. If an employee uses her full 12 week entitlement of continuation of health care benefits during the FMI,AlPDL leave and then takes the CFRA after the birth of her child to bond, the County is not required to pay her health benefits during the CFRA leave. If an employee has exhausted her PDLIFMLA leave prior to the >r.,or i ~._ Ru i ~~ ~~ 77 Personnel Rules birth of her baby then CFRA will be started on the date her PDL runs out. The total amount of time available for coordination of PDL, FMLA and CFRA far pregnancy disability leave is four months and 12 weeks. Medical Certification - Pregnanc~abilit~Leati~e "Certification" for this purpose means a written communication from the health care provider of the employee that either the employee is disabled due to pregnancy or that is it medically advisable for the employee to be transferred to less strenuous or hazardous duties (DFEH reg. Section 7291.2). The certification indicating disability necessitating a leave should contain: a. The date on which the employee became disabled due to pregnancy; b. The probable duration of the period or periods of disability, and c. An explanatory statement that, due to the disability, the employee is unable to work at all or is unable to perform any one or more of the essential functions of her position without undue risk to herself, the successful completion of her pregnancy, or to other persons. If an employee must cease work prior to delivery, a medical certification of disability is required at that time and after delivery. (A pre-delivery statement of disability does not apply once delivery has occurred since the medical circumstances have changed.) For employees on FMLA designated leave, the medical information is required in order to know when pregnancy disability has ended and the 12-week CRFA leave entitlement begins. Provisions Not Addressed in This Policy For provisions nat addressed herein, the provisions of FMLA, CFRA, PDL shall be controlling. No Reprisal In any inquiry or proceeding related to rights guaranteed under this policy, Butte County shall not discharge, fine, suspend, expel, discriminate against, or refuse to hire, any individual because of an individual's sole exercise of the right to family care and medical leave; or for an individual's giving information or testimony as to hislher own family care and medical leave, or another person's family care and medical leave. 12.3 BEREAVEMENT LEAVE Whenever a regular employee believes it necessary to be absent from duty because of the death of a member of the employee's immediate family, the employee may request permission of the appointing authority to be absent for not more than three (3) working days with pay for each occasion. Any time used in this manner shall not be charged to sick leave or vacation, but shall be documented and recorded as bereavement leave. In the case of the Personae-1 Rules P~. ~~ Rc. .,gin ')' Personnel Rules deaths of individuals other than those defined as "immediate family" who were living in the employee's household as family members, approval for the use ofbereavement leave shall be on a case-by-case basis at the sole discretion of the Director -Human Resources. 12.4 LEAVE OF ABSENCE An employee may be granted a leave of absence only for good and sufficient reason. All leaves of absence granted, and return from leaves, are to be documented on Human Resources action forms and filed with the Director -Human Resources. Should the classification or pay rate of the position held by an employee on a leave of absence change during the leave, the employee, upon returning from leave, shall be assigned to the new classification or pay rate. a) Limited Leave. An appointing authority may grant a regular employee a limited non- compensated leave of absence not to exceed thirty (~0) consecutive days- b) Extended Leave. .An appointing authority may authorize a regular employee an extended non-compensated leave of absence not to exceed (1) one year. During such leave, the employee shall not accrue seniority or benefits. c) Industrial Disability Leave With Pay_ I. Each regular employee covered by Safety Member Retirement shall be granted by the appointing authority a paid industrial disability leave as prescribed by California Labor Code 4850 up to one {1) year from the date of injury or illness. Employees shall be required to reimburse the county for any and all industrial disability benefits received during the period of Labor Code Section 4850 paid leave. Employees shall accrue full benefits during the period of Labor Code Section 4850 paid leave, except Social Security. Before granting 4850 leave, or authorizing a return to work, the appointing authority shall consult with the Director -Human Resources. 2. Each regular employee not covered by Labor Code Section 4850, shall be granted an industrial disability leave in accordance with the following rules (a) Employees shall be required to use any accrued leave benefits in order to receive paid leave. (b) Employees' earnings will be adjusted to the differential between amount paid and any industrial disability benefits received during the period of paid leave. (c) Employees shall have leave benefits reinstated in the equivalent value of the disability benefits. (d) During the period of paid industrial disability leave, employees will continue to accrue full. benefits for vacation, sick leave, and holidays. Benefits for retirement and social security will be accrued on the salary differential representing the adjusted leave benefits. d) Industrial Disability Leave Without Pay. Eaeh regular employee who is injured or contracts an industrial illness while on duty shall be granted an unpaid disability leave by the appointing authority from the time accrued leave benefits are exhausted until the employee is released to return to work or it is determined by a physician the employee T~.~l% U~3 ~7 ~. _, Personnel Rules may not return to normal work. Before granting industrial disability leave, or authorizing a return to work, an appointing authority shall consult with the Director - Human Resources. Employees shall accrue no benefits while in this status except as provided in these rules. e) Military Leave. Military leave shall be granted by the appointing authority in accordance with the provisions of state law. All employees entitled to military leave shall give the appointing authority an opportunity within the limits of such military regulations to determine when such leave shall be taken and shall provide the appointing authority with a copy of the military orders. f) Temporary Assignment to Fill a Position. Consistent with the Human Resources Rule covering assignments of employees in higher level classes (11.16), an employee with permanent status in a lower classification may be temporarily assigned to a position held by an employee who is on industrial disability leave, vacation leave, sick leave, limited leave, extended leave, military leave, jury duty, or compensatory time ofd. g) Board Leave. The Board may grant an employee a paid leave of absence of up to one (1) year, or anon-compensated leave in excess of one (1) year. A Board leave shall be granted only for extraordinary circumstances. 12.5 HOI,II~AY LEAVE a) Designated Holidays. Each regular employee or appointed department head in a compensated employment status on the assigned work day immediately preceding, and the assigned work day immediately following, a designated holiday shall be entitled to compensation for the designated holiday. The following holidays are designated: 1) 2) 3) 4) 5) b) 7) 8) 9) 10} I1) 12) New Year's Day Martin Luther King Washington's Birthday Cesar Chavez Day Memorial Day Independence Day Labor Day Veterans Day Thanksgiving Day Post-Thanksgiving Day Christmas Day December 25 Every day appointed by the President and/or Governor, and the Baard of Supervisors for a public fast, thanksgiving, or holiday, when the day is celebrated as a State or Federal holiday- Days declared as permanent Federal holidays shall be observed as County holidays. January 1 Third Monday in January Third Monday in February March 31 Last Monday in May July 4 First Monday in September November 11 Designated Thursday in November Friday following Thanksgiving When a designated holiday falls on Sunday, the following Monday shall be observed. When a designated holiday falls on Saturday, the preceding Friday shall be observed. A regular F~ljQy "" Personnel Rules employee required to work an a designated holiday, or whose regular scheduled day off falls on a designated holiday, shall at the discretion of the appointing authority be entitled to either equivalent compensated time off scheduled the day preceding the designated holiday, or within sixty (60) days following the designated holiday, ar equivalent compensation to be paid within sixty (60) days following the designated holiday. Regular employees exempt from paid overtime shall be entitled to compensation far designated holidays actually worked. Extra-help employees shall not be entitled to paid holidays or compensated time offfor holidays worked. b) Personal F~olidays & Special V_acatian Entitlements. Personal holidays and special vacation entitlements shall be applied as called for in the individually bargained Memoranda of Understanding. c) Com ensation in Lieu of Time Off. Employees shall not be compensated in pay for personal holidays in lieu of time off. Employees returning from an approved extended leave of absence shall be subject to this rule. 12.6 JURY AND WITNESS LEWES Employees shall notify their appointing authority immediately upon receiving notice of jury duty ar call as a witness. Regular employees and appointed department heads who served on a jury or are served with a subpoena which compels their presence as a witness, unless they are a party to the court action or an expert witness, shall be granted a leave of absence with pay in the amount of the difference between the employee's regular earnings and the amount received for such. appearances. Employees called for such court appearances may retain the court paid county mileage for such appearance. If called to jury or witness service, a regular employee may elect to: a) Receive the jury or witness fee and also full salary payments chargeable to persona] holiday, vacation, or compensatory time. b) Receive the jury or witness fee and authorize the County Auditor to deduct the fees from their salary or wages and receive the paid leave. Regular employees called to jury duty or as a witness during normal working hours are in each instance required to collect fees for such service to the extent authorized by the Court, and to advise their appointing authority. 12.7 REST BREAKS Employees may be allowed rest periods of (1 S) fifteen minutes during the mid-portion of the first and second half of a shift. Rest periods shall be scheduled in accordance with the requirements of the department, but in no case shall rest periods be scheduled within (1) one hour of the beginning or ending of a work shift or lunch period. The appointing authority may designate the time and location or locations at which rest periods may betaken. Rest periods shall be considered hours worked and employees may be required to perform duties, Personnel Rules i f necessary. I2.8 RETIREMENT Regular employees and appointed department heads holding county employment shall be members of the Public Employees' Retirement System. Elected ot~cials may be members as provided by law and the terms of the contract in effect between the County and the Public Employees' Retirement System. The Board may amend the contract as provided by law. The Director -Human Resources shall advise the Board regarding policy matters concerning the contract or amendments to it. Hourly rated extra-help employees shall not be eligible for retirement benefits. 12.9 HEALTH PLAN a) Eligibili~ All elected and appainted officials and regular employees assigned to a (I/2) one-half time or more position and the employees' dependents shall be entitled to participate in the county-sponsored group health plan. Eligible employees enrolling in the plan within (30) thirty days following their appointment will be covered subject to the provisions of the MOU with the appropriate bargaining unit and the contract limitations with the carrier. Employees enrolling after the (30) thirty day enrollment period will be approved only upon evidence of insurability. Regular employees assigned less than (112) one-half time and extra-help employees shall not be eligible for participation in the health plan. b) Premium. Employees shall pay their share (as set forth in the MOU with the appropriate bargaining unit) of the total monthly premium for employee and dependent coverage to be paid through a payroll deduction, unless otherwise specified in this section. To be eligible far premium sharing, an employee must have no less than the total of (10) ten days of compensated employment occurring within the (2) two regular pay periods immediately preceding the pay period from which the premium deduction is made. Employees with less than the required compensated days of employment may continue coverage by advancing to the Auditor the total premium amount for the month. For the purpose of this section only, an employee on an approved industrial disability leave of absence, who is receiving temporary disability payments from the compensation insurance fund, shall be considered in full compensated employment status. A covered employee granted an approved non-compensated leave of absence may continue health insurance coverage by advising the Director -Human Resources and advancing to the Auditor each month the total monthly premium cost. c) Retired Em lode Options. Elected and appointed department heads or officials retiring in good standing before age 65 from the County of Butte under the provisions of the county's contract with the Public Employees' Retirement System (PERS) may continue to cover themselves and eligible dependents under the health plan. The county shall pay the full premium for such coverage until the retiree becomes 65 years of age or is covered by another governmental or employer-paid health plan. Application for past- retirement health coverage shall be made to the Director -Human -Resources, prior to the ~_.:, .r:.~ ~.~1~:, ,~,~_, 82 ,~,.~~ ~,._n ~_ Personnel Rules official termination date of county service, in a manner and form prescribed by the Director. Employees who retire under the provisions of the County's Retirement Contract with the Public Employees' Retirement System (PERS) may continue to cover themselves and their dependents under the health plan by advising the Director -Human Resources and advancing the full premium for coverage in a manner prescribed by the Director -Human Resources. Employees with ten (10) years of continuous service with Butte County who, upon termination, immediately retire under the provisions of the county's contract with the Public Employees' Retirement System shall be eligible for prepaid health plan coverage (employee only) to age {65) sixty-five years under the following conditions: I) PERS safety members shall be permitted, as an option to the sick leave buy back plan specified in Section IZ_2(a) of these rules, to receive (1) one month of prepaid health plan coverage for each day of sick leave on accrual at the day of retirement. 2) PERS miscellaneous members shall be entitled to (~12) twelve months of prepaid health plan coverage immediately following retirement. In addition, miscellaneous members are permitted, as an option to the sick leave buy back plan specified in Section 12.2(a) of these rules, to receive (1) one month of prepaid health plan coverage for each day of sick leave on accrual at the day of retirement. Employees selecting post-retirement health plan continuation shall file notice with the Director - Human Resources thirty (30) days before the effective retirement date in a manner and form prescribed by the Director -Human Resources. d) Continuation of Coverage. Continuation and conversion of the health plan benefits shall be as prescribed by law or contract limitations with the plan carrier_ Continuation of conversion coverage shall be paid fully by the subscriber. Employees covered under the health plan who terminate from County employment for reasons other than gross misconduct, may continue coverage under the health plan for up to l8 months. Covered child dependents of an employee who become ineligible under the terms of the plan, or the covered surviving spouse or legally separated or divorced spouse of an employee, may continue coverage under the plan for up to 36 months. Application for continuation of coverage must be made to the Director -Human Resources in a manner and form prescribed by the Director - I~urnan Resources. 12.10 TRAVEL AND EXPENSES (Note: sub sections I a & b are currently under negotiations with the Butte County ManagementEmployees Association) 1. Travel Policy and Applicability It is in the best interest of the County to limit the size of the County transportation fleet to the minimum required for the cost-effective delivery of County services thereby saving County funds. The County travel policy applies to the use of motoY7zed vehicles owned, leased, or rented by or on behalf of the County of Butte. All County personnel, elected and appointed and regardless of level or scope of responsibilities shall comply with this ,~~ k~~ ~ ;_., ~d,~,, M3 Personnel Rules policy. The Board of Supervisors reserves the right to withdraw the privilege of driving a County vehicle from any individual found in violation of this policy. a. General Rule County owned or leased vehicles shall be used only for the purpose of conducting authorized County business. "I'he use of County vehicles for commuting, conducting personal business, or far other personal purposes is prohibited except as specifically authorized by the Board of Supervisors or as has been authorized by side letter agreement. The prohibition on commuting includes a prohibition against using a County vehicle for any portion of the normal trip to or from work. 1n addition to fallowing the rules, employees must remember that the public's perception of vehicle use is important. Employees are encouraged to avoid any appearance of impropriety, to plan ahead, and to use County vehicles for only those trips necessary in conducting County business. b. Specific _Rules Management Orersight,. Department heads hold primary responsibility for monitoring, oversight, and enforcement of this policy within their organizations and for the proper management, operation, maintenance, and security of all assigned County vehicles. Comp/y with Laws County vehicles shall be operated in accordance with all safety and legal requirements and traffic rules of the County, municipality, state, and any other jurisdiction in which they are operated. Possess Driver's I icense. Each driver of a County vehicle shall have in his or her possession a valid California driver's license. (Ise Safety Devices. Each person in a County vehicle shall use a seat belt (and shoulder harness if available} while the vehicle is in motion. 2. Travel a) Authorit,~for_Travel_ Within the limitations of a department budget authorization, appointing authorities may travel on their own authority within the county. Whenever it is necessary for the transaction of county business an appointing authority may authorize any employee to perform such travel. Where travel involves overnight lodging, an appointing authority may send a travel notice to the County Auditor fora cash advancement of 75% of the anticipated expense. To determine whether or oat overtime requirements are applicable, the Fair Lobar Standards Act (FLSA) should be referred to. When a trip has been completed the appointing authority shall review the travel claim and forward the signed copy to the Auditor- Controller for payment of travel expense. ..:. ~. "l'1 ~ ~. .7 Personnel Rules b) Insurance. Each person who uses aprivately-owned vehicle on county business shall file an affidavit certifying that there is liability insurance in effect in the sum of not less than ($15,000) fifteen thousand dollars for bodily injury to one person, ($30,000) thirty-thousand dollars for bodily injury to (2) two or more persons and ($5,000) five thousand dollars for property damage. Such affidavits are to be submitted to the appointing authority and shall be filed with the Auditor prior to any travel authorization. c} E'x~enses Within County. An appointing authority shall be reimbursed for expenses within the county at their own authority. Upon prior authorization ofthe appointing authority, an employee may be reimbursed for meal expense when attending a breakfast, lunch, or dinner meeting within the county where the employee is a participant in the meeting, or where it is important to the county's benefit that the employee attend. Upon pi7or approval of the appointing authority an employee may be reimbursed for the meal expense of another person or persons who are guests on occasions when an invitation to a meal is important to the interest of the county, or when a meal is provided because of services to the county. d) Ex~ses Outsde_County. An appointing authority and employees authorized to travel outside the county on county business shall be allowed actual and necessary expenses such as baggage, parking, telephone calls made to transact county business, and convention fees. Receipts for lodging and any other expenses where a receipt is available shall be attached to the claim for a travel reimbursement and submitted to the appointing authority for approval. e) Expenses for Mileage. An employee or elected or appointed department head who has received authorization to use aprivately-owned vehicle for county business shall be reimbursed at a the IRS rate for each mile driven on county business during the month. An appointing authority or employee who, during any month is authorized and provides aprivately-owned vehicle for county use in excess of (5) five working days during the month, shall receive the IRS rate for the first (100) one hundred miles or portion thereof of miles traveled on county business. Such employee shall receive in addition after the first (100) one hundred miles per month, the IRS rate per mile for all other miles traveled on county business during the month. 12.11 UNEMPLOYMF,NT INSURANCE County employees shall be covered by unemployment insurance pursuant to state law. The purpose of this coverage is to provide benefits to former employees who are no longer employed through no fault of their own. Employees who terminate from county employment shall complete termination forms and procedures as required by the Human Resources Department. The Director -Human Resources shall administer the Unemployment Insurance Program. The Director -Human Resources shall provide and maintain any records required for the +:~~~ .-,r. ~os Personnel Rules Unemployment Insurance Pro~am and represent or arrange for representation of the county in unemployment insurance claims actions. The Director -Human Resources shall advise the Board regarding the maintenance and administration of the Unemployment Insurance Program. The Auditor shall act as the fiscal agent for the Unemployment Insurance Program. The Auditor shall provide and maintain all payroll and fiscal records and make reimbursement payments to the state as required by the Unemployment Insurance Program. The Auditor shall provide to the Director -Human Resources fiscal and payroll information necessary for the administration of the program. 12.12 DEFERRED COMPENSATION PROGRAM The county shall establish and maintain a program whereby employees may voluntarily authorize deferral of a portion of their wages to be invested in an approved deferred compensation plan as authorized by the Board and regulated by applicable state and federal law. A Deferred Compensation Advisory Committee shall be established consisting of (5) five members. The committee shall include the Auditor-Controller, Director -human Resources, and County Treasurer-Tax Collector, or their designees, and (2) two employee members nominated by mutual agreement of the recognized employee organizations in the county. It shall be the responsibility of the employee organizations to establish their own procedures to resolve the nomination issue when mutual agreement cannot be reached. The committee may establish rules and procedures consistent with county policy and the Plan Administrator's agreement. The committee shall also review the application of a participating employee to withdraw funds from the plan. The committee, after reviewing the application and considering special circumstances, may approve or deny the request. The Auditor, upon proper authorization signed by the employee, will make payroll deductions and forward such deductions to the Plan Administrator. The Plan Administrator, under separate agreement, will be responsible to provide the individual plan member and the county with periodic reports of their balances and earnings. In addition, the Plan Administrator will provide all necessary accounting, reporting, and disbursement of individual member funds in compliance with the local agreement and state and federal ]aw. ~: ~ : <~ ,~,r;t ~t, ~.~ F~.3ta~ 86 Personnel Rules APPENDIX "A" -EPA Flexibly Staffed Classifications Approved for the "Employee Promotional Process" (EPA) per Personnel n..i.. ~ ~ n : D,-~,,.,,l,t;l,.,~ ..r;th;n ('laeci{i~atinn .1Pr~eC' Account Clerk, Senior Account Clerk or Accountin S cciali Personnel S ecialist yr Personnel Analyst I, II Auditor-Accountant 1, II ___ Plan Ap liP cation Assistant I, II -- Administrative Analyst I, II Planning Technician I, II _ ___ A sisal S ecialist or Appraiser I, Il Prvbalion O1'iiccr I, II, III __ _ Assessment Clerk I, II Psychiatric "Technician or Senior Psychiatric Technician - - _ _- Ass~stant Clerk io the Board of Supervisors i, II _ Assistant Planner or A:,sociate Plarurcr _Public, Health Nurse I, II _ _ _ Public. Safety Dts ap tc,her Trainee yr Public Safety llispatchcr Auditor -Appraiser I, II _ _ -- Bridge Maintenance Worker 1, II Recordable Document L~amincr I, II - - - - - Revenue and Rcimbur~cmcnt Officer I. II _ Building Crafts Worker I, lI, yr III Road Maintenance Aide or R«ad Maintenance Worker L lI _ Building Inspector I, II _ Buyer I, II Secretary I, II __. Sheriff s Clerk I, II -. __ _ __ -- Cadastral Drafting 1`achnician or Senior Cadastral Drafting Technician _ _. _ Child Su ~ ort Attorney I, II, or lII - _ _. -_ Stai'f Nurse I, II --- -- _ _ _ - Social Services Aidc, or Social Worker I, II _ -- Cook or Senior Cook Su eriisor's Administrative Assistant I, II - -- Child Su~pPort Attorney I, II, or III Dc uty Cormiy Clerk -Recorder I, II "I'raftic Control Wvrkcr L II Tree Trimmer-Climber L II Deputy County Clerk - l~lections I, II -- - - - _ Deputy County Counsci I, lI or III _ _ Vehiele Service Worker or I ckuiPment Mechanic Weights and Measures Inspector/A~ricultural Biologist I, II _ De ut Di_trict Attorney 1, II or III _ _ District Atton~ey Investigator I, II _ _ _. Eli ibility 'I'cchnician I, II En~inccr (non civil) -Junior, Assistant or Associate _ En inecrin~ Aide I, II yr I;ngincering Technician I, II I,nvirvnmcnial Health 'Technician yr E-nvironmantal H Specialist I, II __ family Support Case Manager I. lI -- _ Grounds Maintenance I, II _ _ __ __ _ _ _ Health Education Specialist I, II -_ Information Systems Analyst I, I I _ _ Information System 'I'cchnician 1, II, III - - _ __ Juvenile Hall Counselor I, lI - - I,egal `Typist Clerk ar Legal Sc,cretary I, II ---- - - Librarian L II _ __ __ __ - - -- I,ibrarv Assistant I, II Medical Records Technician I, II _. -- . .-_ Mental Health Clinician I, II _ _ Mental Health Worker. Mental Health Counselor _ ___ ______ ---- - Micro Ira ~hics Technician I, II Office Assistant II, III (note: this applies only these employees in the, classification series located in the lligibility Clerical within the Department of I_?mployment and Social Services*) - Oifset Duplicaturg Machine Operator L lI *This exception is due to a contractual negotiation agreement with the tieneral Unit per the classtttcatlon and compensation appeals hearing process effective as of 1/4192. :::, s-+nnc L r:, ~ ca EPA List Updated as of March 21, 2002