HomeMy WebLinkAbout04-094Resolution
No. 04-094
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 2-28 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 and 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 Vl, Chapter 2 of the
Butte County Code shall be as follows.
COUNTY OF BUTTE
MERIT SYSTEM
AND
PERSONNEL RULES
Amended Through January 2004
Prepared by:
Butte County Human Resources Dept.
25 County Center Drive
Oroville, CA 95965-3387
(530) 538-7651
Personnel Rules Page 2
Rev 2004
Table of Contents
2 DEFINITIONS ...................................................................................................................................................9
ALPHABETICAL, LISTING OF DEF[NITIONS .................................................................................................. 10
2.54 REASONABLE CAUSE ............................................................................................................................. 17
ADMINISTRATION ................................................................................................................................................. 18
ADMINISTRATION ................................................................................................................................................. 18
3.1 HUMAN RESOURCES DIRECTOR ....................................................................................................... 18
3.2 AMENDMENT OF RULES ....................................................................................................................... 18
3.3 SERVICES ................................................................................................................................................... 18
3.4 PERSONNEL RECORDS .......................................................................................................................... 18
3.5 PAYROLL RECORDS ............................................................................................................................... 19
3.6 PERSONNEL FORMS ............................................................................................................................... 19
3.7 VOLUNTEER RECORDS ......................................................................................................................... 19
3.8 DESTRUCTION OF RECORDS .............................................................................................................. 19
3.9 RECORDS ACCESS .................................................................................................................................. 19
3.L0 EXTENDING COVERAGE TO OTHER AGENCIES ........................................................................... 19
3.11 EMPLOYEE ELIGIBILITY ..................................................................................................................... 20
3.12 EXEMPT POSITIONS ............................................................................................................................... 20
4 AFFIRMATIVE ACTION PROGRAM ....................................................................................................... 20
PURPOSE ............................................................................................................................................................... 20
OBJECTIVE ........................................................................................................................................................... 21
PI,AN ...................................................................................................................................................................... 21
Personnel Invenk,ry ........................................................................................................................................... 21
Clctssi iccttion ...................................._............................................................................................................... 21
Selection Process ............................................................................................................................................... 22
Recruitment Proceclure ...................................................................................................................................... 77
Discrimination Complcrints ................................................................................................................................ 22
RESPONSIBILITIES ............................................................................................................................................. 23
The Director - Nunum Resotrrces ...................................................................................................................... 23
pointing Authorities ....................................................................................................................................... 23
4.5 SEXUAL HARASSMENT POLICY ......................................................................................................... 23
GIiNI?IZAI. POLL('Y .................................................................................................................................................... 23
RI'.SPONSI13I1.1"I'IIiS OF EMPLOYIi1:S AN[) SUPT;RVISORS ............................................................................................. 24
NON-COMPLIAN('G WI"I'II POI.I('Y ............................................................................................................................. 24
4.6 EMPLOYMENT OF PERSONS WITH DISABILITIES ....................................................................... 24
4.7 EMPLOYEES WITH LIFE-THREATENING ILLNESSES ................................................................. 26
Cor? tdentialitk .......................................................................................... .........
............................................... 27
Equal Treattnent ................................................................................................................................................ 27
Bc'11c' Its .............................................................................................................................................................. 27
Management ...................................................................................................................................................... 28
Personnel Rules page 3
Rev 2004
Medical Authorih~ .............................................................................................................................................. 28
Edtrcatioraal Prograrrt~or County Errrpln 'eet~ .................................................................................................... 28
New Employee Broclrure .................................................................................................................................... 29
Educational Employee Pr°ogrrnras ...................................................................................................................... 29
5 CLASSIFICATION OF POSITIONS ............................................................................................................ 30
CLASSIFICATION PI,AN .................................................................................................................................... 30
AMENDING THE CLASSIFICATION PLAN ..................................................................................................... 30
ALLOCATION OF POSITIONS ........................................................................................................................... 30
SPLIT POSITIONS ................................................................................................................................................ 31
POSITION RECLASSIFICATION ........................................................................................................................ 31
6 APPLICATION, QUALIFICATIONS, CERTIFICATION AND APPOINTMENT ................................32
RECRUITMENT .................................................................................................................................................... 32
APPLICATION FOR EXAMINATION ................................................................................................................32
Vli'Il?RANS' PRIiEIiRIiNCIi POIN'rs ............................................................................................................................32
Rlil.l?VAN"r EXPf:RIENCI' ...........................................................................................................................................33
OUALIFICATIONS ..................................................................................................................................................33
PROMOTIONAL AND OPEN EXAMINATION PROCESS ..............................................................................34
EXAMINATION REVIEW ......................................................................................................................................34
SELECTION PROCESS APPEAL .........................................................................................................................34
CERTIFICATION ....................................................................................................................................................35
ELIGIBLE LISTS .....................................................................................................................................................35
ESTnl3I,ISI IMIiN"r OF EI.IGII3I.II LIS"I S ............................................ ...........................................................................35
COMPOSITION OF EI_IGII3I.I: LIS"I' .................................................. ...........................................................................35
CER"rI1~ICn"rION FROM COMPnIZn131.IS EI,IGI}31,11 LIST .................... ...........................................................................35
EFI~I:C"rive DA"fE of ELIGU3I.I. LIS r ............................................. ...........................................................................35
DURATION OP EI.IG1131,1: LIS"I' ....................................................... ...........................................................................36
EXI IAUSTION OF EI,IGII3I.Ii LIS"1" .................................................... ...........................................................................36
MERGING EEIG1131.I; LIS"rS ............................................................ ...........................................................................36
ORDER OF ELIG113LE LIST"S ........................................................... ...........................................................................36
REINS"fA"rEM1iN"f LIS'I'S ................................................................ ...........................................................................36
CON"rnC"1"ING ELIGI131.1'.S .............................................................. ...........................................................................36
Wnlvl.ItS ...................................................................................... ........................................................................... 36
PLnC'EMENT OF EEIG113EhS INnc"flVli ........................................... ...........................................................................36
INACTIVE EEIG1131.I~S .................................................................... ...........................................................................37
CERTIFICATION OF NAMES ..............................................................................................................................37
REINSTATEMfIN"r LIS"1' "r0 LAYOFF DisPAR"I"MIiN"I' ....................................................................................................37
REINSTn"I"EMIiNT LIST TO O"Il1ER DI'.PAK"I"MIiN"I"S ....................................................................................................37
PROMO"I'IONAI, nN[) OPIiN EI.I(}1131.I? LIS'I'S ..............................................................................................................37
LIST Wnlvl:li ...........................................................................................................................................................38
SEl.rcTlvl~: CIiR"rll~lcn"ru)N .....................................................................................................................................38
6.10 APPOINTMENTS ......................................................................................................................................38
REGULnR ..................................................................................................
PROVISIONAI .............................................................................................
Exrxn HE[.P ..............................................................................................
ADMINIS"rRATIVI: AI'}'OIN"rMl?N'I"5 .............................................................
EM I~RGGNCY APPOIN"fMI:N I"S ....................................................................
NE1'O'rISM ..................................................................................................
UNDIi12I'IEI.ING
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Rf:f.Ml'1.()YMF:N"I" ..................................................................................................................................................... 39
PItOMO'I"IONS WI"I"IIIN CI.ASSII'I('A'I"ION SI:RII{5 ........................................................................................................ 40
TI {IZM AI'I'OIN"fMIiN"I ............................................................................................................................................... 40
7 CONDITIONS OF EMPLOYMENT ............................................................................................................. 41
7.1 STATUS OF ADMINISTRATIVE APPOINTEES ................................................................................. 41
7.2 PROBATIONARY PERIOD OF NEW EMPLOYEES .......................................................................... 42
7.2.1 EXTENSION OF PROBATIONARY PERIOD ...................................................................................... 42
7.3 PROBATIONARY PERIOD OF PROMOTED EMPLOYEES ............................................................. 43
7.4 PROBATIONARY PERIOD OF DEMOTED EMPLOYEES ............................................................... 44
7.5 HOURS OF WORK .................................................................................................................................... 44
7.6 ATTENDANCE ........................................................................................................................................... 44
7.7 POLITICAL ACT[VITIES ........................................................................................................................ 44
7.8 OUTSIDE EMPLOYMENT ...................................................................................................................... 44
7.9 PERFORMANCE REVIEW ...................................................................................................................... 45
7.10 PROMOTION AND VOLUNTARY DEMOTION ................................................................................. 45
7.11 NOTICE OF DISCIPLINARY ACTION ................................................................................................. 46
7.12 MEDICAL DEMOTION, TRANSFER, TERMINATION, OR RETIREMENT ................................. 47
7.13 LAYOFF ......................................................................................................................................................47
SENIORITY LIST SCORE COMPUTATION ......................................................................................................48
ORDER OF SEPARATION IN REDUCTION-IN-FORCE ..................................................................................48
LAYOFF NOTICE .................................................................................................................................................48
DEMOTION IN LIEU OF LAYOFF .....................................................................................................................49
LAYOFF REINSTATEMENT ...............................................................................................................................49
LAYOFF -PROBATIONARY EMPLOYEES ......................................................................................................50
7.20 SEPARATION ..................................................................................................................................................50
a. Effective Date ...................................................................................................................... ..................... 50
b. Refusal to Submit Written Resignation ................................................................................ ..................... 50
c. Change of~Effective Date ..................................................................................................... .....................50
rl. Ahsent Witlroart Leave .......................................................................................................... ..................... 51
8 ALCOHOL AND DRUG ABUSE POLICY ..................................................................................................51
PURPOSE ......................................................................................................................................... ...................... 5 I
POLICY ............................................................................................................................................ ...................... 52
APPLICATIONS .............................................................................................................................. ...................... 53
EMPLOYEE RESPONSIBILITIES ................................................................................................. ......................53
MANAGEMENT RESPONSIBILITIES AND GUIDELINES ....................................................... ......................54
DRUG OR ALCOHOL TESTING AND/OR PHYSICAL EXAMINATION PROCEDURE ......... ......................55
RESULTS OF DRUG AND/OR ALCOHOL ANALYSIS .............................................................. ......................55
Pre-emphyment Ph ~sil crrls' ........................................................................................................... ...................... 55
Dta•ing Employment PhvsicaLs nr Alcohol/Dru~ ................................................................ ...................... 55
CONFIDENTIALITY ...................................................................................................................... ......................56
TESTING PROCESS AND STANDARDS ..................................................................................... ......................56
MEDICAL REVIEW OFFICER ...................................................................................................... ......................58
9 EMPLOYEE SAFETY ........................................................................................................................................58
SAFETY PROGRAM ............................................................................................................................................58
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P t r rp o.e e ................................................................................ .............................................................................. 5 8
ObL cti ve .............................................................................. .............................................................................. 58
Plrttt ...................................................................................... .............................................................................. 5~
Atrthoritv .............................................................................. .............................................................................. 5~
Polic•y ................................................................................... .............................................................................. 5~
9.2 VOLiJNTEERS, BOARDS, AND COMMISSIONS ................................................................................59
9.4 TRUCK DRIVER PHYSICAL EXAMINATIONS .................................................................................60
9.5 REIMBURSEMENT FOR EMPLOYEE PERSONAL PROPERTY LOSS .........................................60
10 EMPLOYEE RELATIONS ............................................................................................................................63
FILING OF RECOGNITION PETITION BY EMPLOYEE ORGANIZATION .............................................
COUNTY RESPONSE TO RECOGNITION PETITION ................................................................................
OPEN PERIOD FOR FILING, CHALLENGING PETITION .........................................................................
ELECTION PROCEDURE ...............................................................................................................................
PROCEDURE FOR DECERTIFICATION OF RECOGNIZED EMPLOYEE ORGANIZATION ................. .....64
.....64
.....65
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POLICY AND STANDARDS FOR DETERMINATION OF APPROPRIATE UNITS ................................. .....67
PROCEDURE FOR MODIFICATION OF ESTABLISHED APPROPRIATE UNITS .................................. .....68
APPEALS .......................................................................................................................................................... ..... 69
SUBMISSION OF CURRENT INFORMATION BY RECOGNIZED EMPLOYEE ORGANIZATIONS .... .....69
PAYROLL DEDUCTIONS ON BEHALF OF EMPLOYEE ORGANIZATIONS ......................................... .....69
EMPLOYEE ORGANIZATION ACTIVITIES-USE OF COUNTY RESOURCES ....................................... .....70
ADMINISTRATIVE RULES AND PROCEDURES ....................................................................................... .....70
INITIATION OF IMPASSE PROCEDURES ................................................................................................... .....70
IMPASSE PROCEDURES ............................................................................................................................... .....70
COSTS OF IMPASSE PROCEDURES ............................................................................................................ .....72
CONSTRUCTION ............................................................................................................................................ .....72
SEVERABILITY...........
..................................................................................................................... 73
11 COMPENSATION ..........................................................................................................................................73
11.1 PREPARATION OF COMPENSATION PLAN .............................
11.2 ADOPTION OF COMPENSATION PLAN ....................................
11.3 APPLICATION OF COMPENSATION RATES ............................
11.4 COMPENSATION PAYMENT SCHEDULE .................................
Schedule o~yment ..................................................................................
Certi ication ...............................................................................................
Sena ra ti o n ................................................................................................. .
11.5 COMPENSATION AT HIRING .....................................................
New Ernployc es ..........................................................................................
Advanced Step Nirin~ ................................................................................
Former Entployces,• ..~ ................................................................................
11.6 MERIT ADVANCEMENT WITHIN RANGE ...............................
Performance Report Required ...................................................................
Period o Etnploytttent Required for Merit Arlvancentettt ..........................
New Etnplopees' ..........................................................................................
Promotion or Dentotion .............................................................................
Transferor Voltuttcnv Detrtotion ............._.................................................
Chatage in Range Allocation ......................................................................
Position Reclcrssi~ication........._ .................................................................
Step Ark itstrnents ........................................................................................
Effective Date .............................................................................................
Regular Part-Time Entplo ees ...................................................................
11.7 PROMOTION ..................................................................................
11.8 DEMOTION .....................................................................................
11.9 LATERAL TRANSFER ..................................................................
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11.10 VOLUNTARY DEMOTION ..............................................................................
11.11 CHANGE IN RANGE ALLOCATION ..............................................................
11.12 POSITION RECLASSIFICATION ....................................................................
Reclassif cation & No Chan,>;e itt Srdarv ......................................................................
Reclassification to Position With Higher Salaty Rctn~ ...............................................
Reclassification to Position With Lower Salary Range ................................................
Change In Classificutiott Title Ottl}~ ..............................................................................
11.13 BOARD AUTHORITY TO SPECIFY SALARY ...............................................
11.14 OVERTIME ........................................................................................................
Polic'y ............................................................................................................................
Work Per-iod ..................................................................................................................
Authorization for Overtime Work .................................................................................
RecorcLs of Overtime Work and Jtastifcatiota ................................................................
Reportinu Paid Overtinte ..............................................................................................
Overtime Coanpensation ................................................................................................
Fringe Benefits Not Af,~ected by Overtime ....................................................................
Overtime foa' Callback ................................ _................................................................
E.~entpt Enployees ........................................................................................................
Extra Help Entplo~~ees' ..................................................................................................
11.15 BILINGUAL PAY DIFFERENTIAL .................................................................
11.16 TEMPORARY ASSIGNMENTS TO HIGHER LEVEL CLASSIFICATIONS
Gett era l ........................................................................................................................ .
Vacant Positions .....................................
Backfilling Positions ...............................
Other Circunts7ances ..............................
11.17 SHIFT DIFFERENTIAL PAY......
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12 BENEFITS ........................................................................................................................................................82
VACATION LEAVE .............................................................................
SICK LEAVE .........................................................................................
Entplovee Sick Lectve .........................................................................
Sick Leave Gary Back Option ................................................_............
Criticalllhress in Farnilv ...................................................................
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12.2.1 FAMILY CARE AND MEDICAL LEAVE .........................................................................................85
12.3 BEREAVEMENT LEAVE .........................................................................................................................93
12.4 LEAVE OF ABSENCE ...............................................................................................................................93
LIMI"I~ED LEnvE .......................................................................................... .............................................................93
EX"r1:NDlio LI?AVE ...................................................................................... .............................................................93
INDUS"TRIAL DISAI31L,1TY LIiAVI WI"I~11 PAY ............................................... .............................................................93
INDUS"TRIAL DISnBILI"IY Ll:nvl: W["I'1IOU"I' PAY ......................................... .............................................................94
MII,I"rnRY LI~AVI :....................................................................................... .............................................................94
TEMPORARY ASSIGNMIiNT "f0 FILL n POSrI'ION ......................................... .............................................................94
Bonlu) LEnvl :............................................................................................ .............................................................94
12.5 HOLIDAY LEAVE .....................................................................................................................................94
Dralcrtn~rE~n HOT.IDnvs ..........................................................................................................................................94
PERSONAL HOLIDAYS & SPE('Inl. VACA"rION EN'I I'rLliMl?N"I~S ................................................................................95
COMPI'NSA'I'ION IN LIEU OP TIME OI'P .....................................................................................................................95
12.6 JURY AND WITNESS LEAVES ..............................................................................................................95
12.7 REST BREAKS ...........................................................................................................................................96
12.8 RETIREMENT ...........................................................................................................................................96
12.9 HEALTH PLAN ..........................................................................................................................................96
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El.ICUiI 1.rrY ........................................................................................................................................................... ..96
PRI:MIIJM ............................................................................................................................................................... ..97
Rli f[RIiD EMI'I.OYI?li OI''I"IONS ............................................................................................................................... ..97
PERS safety mernhers ...................................................................................................................................... .. 97
PERS ntiscellarreous ntemhcrs ......................................................................................................................... ..98
CON'T'INUA"fION OF COVI:RAGf :.............................................................................................................................. ..98
12.10 TRAVEL AND EXPENSE ....................................................................................................................... ..98
12.11 UNEMPLOYMENT INSURANCE ......................................................................................................... 107
12.12 DEFERRED COMPENSATION PROGRAM ....................................................................................... 107
APPENDIX «A» _EPA ........................................................................................................................................... 109
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2 DEFINITIONS
The following Section Numbers have been deleted in exchange for an
alphabetical listing of definitions which follows this list:
(2.1 ADEQUATENOTICEOFACTION)
(2.2 ADMINISTRATIVE APPOINTMENT)
(2.3 ALLOCATION)
(2.4 APPEAL)
(2.5 APPOINTING AUTHORITY)
(2.6 APPOINTMENT DATE)
(2.7 APPROPRIATE UNIT)
(2.8 BOARD)
(2.9 BUDGET UNIT)
(2.10 CIVIL RIGHTS COMPLIANCE OFFICER)
(2.11 CLASS OR CLASS OF POSITION)
(2.12 CLASSIFICATION PLAN)
(2.13 CLASS SERIES)
(2.14 CLASSIFIED SERVICE)
(2.1 S (Deleted) )
(2.16 (Deleted) )
(2.17 COMPENSATED EMPLOYMENT)
(2.18 COMPENSATION)
(2.19 COMPENSATION PLAN)
(2.20 CONFIDENTIAL EMPLOYEE)
(2.21 COUNTY)
(2.22 CRITICAL ILLNESS)
(2.23 DAYS)
(2.24 DEMOTION)
(2.25 DEPARTMENT)
(2.26 DISCRIMINATION)
(2.27 DISCIPLINARYACTION)
(2.28 EMERGENCY)
(2.29 EMERGENCY APPOINTMENT)
(2.30 EMPLOYEE)
(2.31 EMPLOYEE ORGANIZATION)
(2.32 EMPLOYEE RELATIONS OFFICER)
(2.33 EMPLOYEE TYPE)
(2.34 EXTRA HELP APPOINTMENT)
(2.35 HOURS)
(2.36 IMMEDIATE FAMILY)
(2.37 IMPASSE)
(2.38 MANAGEMENT COUNCIL)
(2.39 MANAGEMENT EMPLOYEE)
(2.40 MEDICAL CAUSE)
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(2.41 MERITADVANCEMENT)
(2.42 MERIT ADVANCEMENT DATE)
(2.43 NEPOTISM)
(2.44 PERFORMANCE REVIEW DATE)
(2.45 PERMANENT STATUS)
(2.46 POSITION)
(2.47 PROBATIONARYPERIOD)
(2.48 PROBATIONARY STATUS)
(2.49 PROBATIONARY REJECTION)
(2.50 PROFESSIONAL EMPLOYEE)
(2.51 PROMOTION)
(2.52 PROOF OF EMPLOYEE SUPPORT)
(2.53 PROVISIONAL APPOINTMENT)
(2.55 RECOGNIZED EMPLOYEE ORGANIZATION)
(2.56 REGULAR APPOINTMENT)
(2.57 (Deleted) )
(2.58 SUPERSISORYEMPLOYEE)
(2.60 SUSPENSION)
(2.61 TRANSFER)
(2.62 UNDERFILLING)
(2.63 UNIT OF SERVICE)
(2.64 VARIOUS WORDS)
(2.65 VOL UNTARY DEMOTION)
(2.66 VOLUNTEERS)
(2.67 WORKDAY)
(2.68 Y RATE)
(2.69 TERM EMPLOYEE)
(2.70 ANNI VERSAR Y DA TE)
(2.71 RECLASSIFICATION)
(2.72 SALARY RANGE)
ALPHABETICAL LISTING 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:
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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, 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 sufficiently 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
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following:
• Wages for 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 industrial 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 or her duties, has
access to infornlation 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.
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 for probationary
release or rejection, including promotional probationary release), demotion (except for
demotion due to layoff or reduction in force), reduction in compensation, suspension without
pay, and written reprimand. Disciplinary action may be taken by the appointing authority, or
his/her designated representative, for just cause and reasonable cause as set forth in Section
2.54 of the Personnel Rules.
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EMERGENCY: A situation in which quick action and judgment are necessary though they
may not avert undesirable consequences.
EMERGENCY APPOINTMENT: The appointment of a person for no more than 30 days
without using merit system principles because the position 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:
• Regular full-tune employee: An employee appointed to fill on a regular full-time basis a
budgeted position shown in the salary ordinance.
• Regular part-ti--ie e-fi-ployee: An employee appointed to fill on a less than full-time basis
a budgeted position shown in the salary ordinance.
• Extru help e-nploti~ee: An employee temporarily appointed to supplement the County
work force because of unusual work load activities or relief.
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 (2/10) 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.
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
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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 CAUSE: 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 ill health.
• Physical inability to perform the required work.
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.
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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 in 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.
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
employee; 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
employee 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. Such appointment is not
eligible for departmental promotional recruitments, unless employee was a regular help
employee within the department immediately prior to the provisional appointment. Such
employee is in all other respects a regular help employee.
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 ORGANIZATION: An employee organization which has
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been formally acknowledged by the county as the employee organization that represents the
employees in an appropriate representation unit pursuant to these rules.
REGULAR 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 for
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 Employment and Social Services program shall apply toward seniority using
the same methods of calculation as apply under those rules.
STANDBY: Standby means when an employee is required by direct order to:
l) 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 on 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
or 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
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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 (10) 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 words 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 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 for 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 normal 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, for which there is no comparable rate in the reallocated range.
An employee may, when demoted or demoting for non-disciplinary reasons, be P-
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:
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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 or outside duty hours which causes discredit to the
department or the county;
j) Unexcused absence from duty, abuse of sick leave or excessive absenteeism
(except for those absences related to qualifying family medical leave);
k) Violation of a departmental rule or county policy;
1) Incompetence;
m) Inexcusable neglect of duties;
n) Dishonesty;
o) The use of alcohol, drugs, or medications which impair an employee's ability
to effectively and safely perform job duties;
p) Refusal to take and sign any oath or affirn~ation which is a federal, state, or
county requirement; and
q) Failure to possess or keep in effect any license, certificate, or other similar
requirement specified in the employee's position specification.
3 ADMINISTRATION
3.1 HUMAN 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 Resources to the Board.
3.2 AMENDMENT OF RULES
These rules maybe amended by resolution of the Board.
3.3 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 Resources shall keep a file for each employee and place in
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the employee's file a copy of the employee's application and any other Personnel
records affecting the employee's status. The Director -Human Resources shall
have access to review any county employee's Personnel record maintained by an
appointing authority.
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 naive 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 form prescribed by the Director -Human Resources.
3.8 DESTRUCTION OF RECORDS
Any personnel record maybe destroyed as provided by ]aw.
39 RECORDS ACCESS
An employee, or a representative authorized in writing by the employee, shall
have the right during norn~al 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 EXTENDING 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.
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3.11 EMPLOYEE ELIGIBI
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 specifically 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 (EEOP). 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).
All recruitment, hiring, placements, transfers, and promotions will be on the basis
of individual skills, knowledge and abilities, and the feasibility of any necessary
job 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 EEOP.
The objective of an EEOP 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 USC 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. All 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.
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To achieve the goals of Butte County's EEOP, 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
The objectives for providing employment opportunity to persons from 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) Personnel Inventory
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.
An ongoing analysis of the status of minority employment within the county
service will be made by department, classification, and position. This 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
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reviewing classifications to assure there are no arbitrary barriers and to
provide opportunity for entry employment.
Career ladders and lattices for upward and lateral job 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 person's knowledge of the occurrence, which gives
rise to the discrimination complaint. The Civil Rights Compliance Officer 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.
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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 POLICY
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 for 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 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;
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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 Employees 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;
2. 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-comRliance with Policy
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 filed with the Civil Rights Compliance Officer, using
the procedure described in Section 4.3e of the Human Resources Rules. All
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 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
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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 504 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 law.
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 for 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.
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Such a decision shall not remove a person with a disability from the eligibility list
for the class, unless all positions within the class would require the same
accommodations.
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 i]lnesses, 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, and/or 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).
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** 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.
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 Public 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 Human Resources Rules, and/or 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 and/or
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, or safety risk.
c) Benefits
Employees with life-threatening illnesses, provided that they are otherwise
eligible, are entitled to all County 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 Employee Assistance
Program, will provide access to agencies which offer supportive services to
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employees and their household members who may be affected by a life-
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 be obtained from the employee's attending physician that
continued presence at work will pose no threat to the employee, co-workers or
clients.
Reasonable accommodations will be made to modify the affected employee's
duties or work conditions consistent with the business needs of the 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 most current and
generally accepted medical information and are subject to on-going revision.
f) Educational Program for County Employees
Butte County recognizes the discovery of any new disease is a natural cause
for public concern. The identification of Acquired Immune Deficiency
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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 County Public Health 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 Employee 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.
h) Educational Emplo. e~~r~ ams.
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 perfornl 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).
Group 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 job. However, basic knowledge
is needed in the event an employee in one of these departments should acquire
AIDS. The education plan would include a one hour program.
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Programs will be scheduled for each group consecutively.
Group 1
Board of Supervisors
Management Council
Administration
Risk Management
Human Resources
County Counsel
Group 2
Public Health
Behavioral Health
Sheriff-Coroner
Probation
Group 3
Veteran's Service
Public Works
Group 4
Agriculture
Weights & Measures
Air Pollution
Assessor
Auditor-Controller
Central Services
Planning
5 CLASSIFICATION OF POSITIONS
5.1 CLASSIFICATION PLAN
Juvenile Hall
Employment & Social Services
Public Guardian/Public Admin.
Facilities Services
District Attorney
Elections and Registrations
Farm and Home Advisor
Emergency Services
County Clerk-Recorder
Treasurer-Tax Collector
Libraries
Purchasing
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 forth
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
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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
a. 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.
b. With the concurrence of the department head, the Director-Human Resources
may authorize any two (2) employees, within the same classification and
department to share one (1) allocated position. All sick leave, vacation leave,
earned administrative leave and holiday leave shall be prorated on a 50/50
basis. PERS retirement accrual shall be calculated on a prorated basis
pursuant to PERS regulations. Additional hours worked by either of the two
parties to this provision shall be paid on a straight time (non-overtime) basis
up to forty (40) hours in a week with prior approval of the immediate
supervisor.
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. When 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 nay conduct promotional examinations for the higher class of
position.
Either an appointing authority or the Director - Human Resources, after
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 forms as
prescribed by the Director -Human Resources and include the position
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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 s11a11 be responsible for the recruitment of
persons who are to be considered for employment. The Director -Human
Resources may make use of announcements, advertising, and any other method of
publicizing employment opportunities so that a sufficient number of qualified
applications maybe 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.
a) Veterans' Preference Points
Applicants for open, non-promotional examinations who have served in the
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United States' Armed Forces as defined in Government Code Section 18540
and who qualify as veterans shall be eligible for 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 a service-connected
disability of 30% or more shall be eligible for an additional five points to be
added to a passing score 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 E1 Salvador, Grenada, Haiti, Lebanon, Panama,
Somalia, Southwest Asia, and Bosnia.
• The campaign in Iraq and the war on terrorism.
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 Experience
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 QUALIFICATIONS
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 where such requirement is stated in a class specification.
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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 offender 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.
f) Satisfactory evidence of status of the applicant's physical and mental health
with regard to the job-related factors of the classification.
g) Prior to beginning work, all persons selected for appointment must execute a
loyalty 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 or less qualified and eligible applicants for any
examination. Participants who occupy a WEX (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 EXAMINATION REVIEW
Participants in a written examination process may within (5) five days following
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
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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.
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 affect appointments which may have already
been made from the eligible list which resulted from the selection process rating
in question.
6.7 CERTIFICATION
When a vacancy in an authorized position occurs or is about to occur, the
appointing authority shall notify the Director -Human Resources and may request
a list of qualified applicants. Before 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 Eligible List. 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.
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e) Duration of Eligible List. All eligible lists shall continue in force for a period
of (1) one year from the effective date unless extended or shortened by the
Director -Human Resources.
f) 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 Eligible Lists. The Director -Human Resources may create an
additional eligible list for a class whenever it is deemed necessary. Such a list
maybe 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 Eligible Lists. The Director -Human Resources shall certify names
and scores to the appointing authority in the following order pursuant to the
provisions of these rules:
1. Reinstatement lists
2. Promotional eligible lists
3. Open eligible lists
i) Reinstatement Lists. The 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 Eli~'bles. 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
sufficient 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 lists 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 for any of the following reasons:
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1. 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. On 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
4. For failure to respond within stipulated time after notice of certification,
without suitable explanation.
m) Inactive Eligibles. 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 Resources.
69 CERTIFICATION OF NAMES
a) Reinstatement List to Layoff Department. 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 for 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 Eligible 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 for 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.
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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 Certification. 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 6.9(c) above.
6.10 APPOINTMENTS
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 his/her 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.
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An employee appointed provisionally shall not be eligible to compete in a
departmental promotional recruitment unless the employee was already a
regular help employee holding a position within the department prior to the
provisional appointment.
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-Human 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 staffing
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.
e) Emergency 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
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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) Promotions 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 classification.
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 for specific procedures,
as well as a list of classifications that are determined to be eligible for this
procedure.
j) Term Appointment. 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 a
part-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 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.
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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.
If, 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 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
7.1 STATUS OF ADMINISTRATIVE APPOINTEES
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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 law.
7.2 PROBATIONARY PERIOD OF NEW EMPLOYEES
All new regular employees shall serve a (12) 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 or 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, inforin the employee and the Director -Human Resources and the
employee shall be granted permanent status and 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.
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 maybe extended under this policy is two full and consecutive
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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 form 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 former class of position in which permanent status was held.
Except for termination for allegations of discrimination raised pursuant to Section
4.1 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
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believes the employee is performing in a satisfactory manner, the appointing
authority shall, in writing, 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 EMPLOYEES
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 of the 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. All 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
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No regular employee of the County shall engage in any occupation or outside
activity which 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 or 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 REVIEW
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 of the 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 for 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 maybe authorized.
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
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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.
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 following 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 maybe 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.
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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 -Human
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 appointing authority, after considering the conclusions of the medical
examination provided for by this section or medical reports from the employee's
physician and other 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 for 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.
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7.14 SENIORITY 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.
Twelve points 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 following 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-FORCE
Employees in the same class within a department of layoff shall be separated
during areduction-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
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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:
a) Any position held by an employee with a lower seniority score 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 REINSTATEMENT
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
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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 first time. Anew
probationary period and other terms and conditions of a new appointment shall
apply.
7.20 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 possible.
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 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 Action 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
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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
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 for 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
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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 or 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 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 for a reasonable
time until they can be safely transported from the work site. Such 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 and/or state law.
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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 EAP provider for additional
information.
8.3 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 through 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 his/her supervisor, before beginning work, when taking any
medications or drugs, prescription or non-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.
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 owned 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.
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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 RESPONSIBILITIES AND GUIDELINES
Managers and supervisors are responsible for reasonable enforcement of this
policy.
Managers and supervisors may request that an employee submit to a drug/alcohol
test and/or 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 or so that the employee's ability to perform his/her job safely is
reduced.
For 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).
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.
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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 drug/alcohol 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-employment 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 Alcohol/Drug Tests. 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.
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If an alcohol or drug test is positive for alcohol 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
Laboratory 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. The 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 Human 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) Marijuana/Cannabinoids (THC)
d) Opiates (narcotics)
e) Phencyclidine (PCP)
f) Barbiturates
g) Benzodiazepines
h) Methaqualone
i) Alcohol
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In addition, with the approval of the Human Resources Department, testing may
be 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 cutoff levels that will identify positive test samples while minimizing false
positive test results. Cut off levels for the most common substances are as
follows:
Drub Level*
Amphetamines/Amphetamine Methan 300
Barbiturates 300
Cocaine 300
Cannabinoids 100
Opiates 300
Phencyclid 75
*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 Human 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 Institute
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, Vol. 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 Laboratories,
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 medication, that could cause a positive test result. At the
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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.
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 one or more Medical Review
Officers, who shall be licensed physicians, to receive test results from the
laboratory. Upon receiving results, the Medical Review Officer shall:
Review the results and determine if the standards and procedures required by
this Article have been followed.
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.l 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
official (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 with 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
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success of this 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 department 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 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 adopt 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.
The 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 Code.
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 employees. This responsibility has
been delegated to each department head, court officer, and/or 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)
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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 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 for 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
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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 cost, the age, the
life expectancy, and the condition of the damaged article:
LIFE EXPECTANCY RATES
MEN'S WEAR
ITEM RATE (yrs)
1) Coats & Jackets 4
Leather & Suede s
2) Hats 2
3) Neckties 2
4) Rainwear
Plastic 2
Fabric 4
s) Shoes 3
6) Shirts 3
7) Slacks 4
8) Sport Coats s
9) Suits 4
10) Sweaters 4
11) Underwear 2
12) Work Clothes 3
WOMEN'S WEAR
ITEM RATE (yrs)
1) Blouses 3
2) Coats & Jackets 4
Leather & Suede s
3) Dresses s
4) Rainwear
Plastic 2
Fabric 4
s) Shoes 2
6) Shirts s
7) Slacks 3
8) Suits s
9) Sweaters 4
10) Underwear
Slips 2
Foundation Garm ents 1
Panties 1
CALCULATION OF CLAIMS REIMBURSEMENT VALUES
Life Expectancy Rating of Article
Age of Article in Months
Condition
1 2 3
Poor
0-4 0-4 0-4
4-7 4-7 4-10
7-9 7-13 10-19
9-11 13-19 19-28
11-13 19-2s 28-37
13+ 2s+ 37+
Replacement Cost Based on
4 5 Excellent Average
0-4 0-4 100% 100% 100%
4-13 4-16 7s% 75% 60%
13-2s 16-31 70% 60% 45%
2s-37 31-46 s0% 40% 30%
37-49 46-61 30% 20% 1 s%
49+ 61+ 20% ls% 10%
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
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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.
9.6 ELECTRICAL OUTAGES
In the event of a loss of electrical power, any decision to close a County work site
must be made by the department head or designee; but in no event will employees
be required to remain at the workplace if to do so would jeopardize individual
health or safety
Employees must remain at work if electrical outages are one to two hours in
length during the regular work schedule, unless to do so would jeopardize
employee health or safety. In buildings without generators, alternate lighting
sources such as battery lanterns, light sticks and such will be used. If service to
the public cannot be reasonably provided after two hours, the Chief
Administrative Officer may make the decision to close a building to the public,
deploy the employees to generator-powered buildings, or to send employees
home.
In the event that it is no loner possible to perform work duties at the current or
another departmental work site, and the department head (or designee),
determines it is necessary to close the work site, the following information should
be considered and communicated to employees prior to excusing them from work:
If the blackout occurs close to the regular meal period for employees
working at the affected work site, supervisors and managers are expected
to keep the work site open, but are encouraged to allow employees to take
a meal break. If a manager chooses to send employees to lunch early due
to a blackout, employees should be informed to return to their work site
immediately following completion of their meal break. In these situations,
meal breaks should be neither shorter nor longer than the employee's
normal assigned meal break.
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2. Regular employees who are sent home shall be provided "administrative
pay" for the balance of their regular work day; however, such employees
shall remain ready and available to be called back to work by their
supervisor for the duration of their regular work day should such a
circumstance arise. Employees who seek approval to leave work without
having been ordered to, shall use appropriate leave time for the time off.
3. Regular employees who are sent home, and who are not called back to
work that day will be expected to return to work at their regularly
scheduled work time on the next scheduled workday.
If the work site closure extends beyond the first work day of closure,
employees are expected to remain ready and available for assignment to
their original or an other County work site as quickly as possible.
l0 EMPLOYEE RELATIONS
10.1 STATEMENT OF PURPOSE
These rules implement Chapter 10, Division 4, Title 1 of the Government Code of
the State of California (Sections 3500 et seq.) captioned "Local Public Employee
Organizations," by providing orderly procedures for 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 for other methods of
administering employer-employee relations. These rules are intended, instead, to
strengthen 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 other terms and
conditions of employment of employees in appropriate units and that are not
preempted by federal or state law (or the County Charter).
However, 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
personnel by which government operations are to be conducted; take all necessary
actions to carry out its mission in emergencies; and exercise complete control and
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discretion over its organization and the technology of performing its work.
10.2 FILING OF RECOGNITION PETITION BY EMPLOYEE ORGANIZATION
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.
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 Officer or 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 officer(s) of
the employee organization executing it.
10.3 COUNTY RESPONSE TO RECOGNITION PETITION
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Upon receipt of the petition, the Employee Relations Officer shall determine
whether:
a) There 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 for 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 FILING. CHALLENGING PETITION
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 some but not all the
classifications or positions set forth in the 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
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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 least fifteen (15) 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 in 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-off 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-off 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 equal shares by the
county and by each employee organization appearing on the ballot.
10.6 PROCEDURE FOR DECERTIFICATION OF RECOGNIZED EMPLOYEE
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 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 may be filed by two (2) or more employees or 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
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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 deternination 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
Decertification 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.
10.7 POLICY AND STANDARDS FOR DETERMINATION OF APPROPRIATE
1 iNITC
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
effective representation based on recognized community of interest
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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 ESTABLISHED APPROPRIATE
T iNTT4
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 modification(s), 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 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
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modified pursuant to the motion of the Employee Relations Officer hereunder,
employee organizations may thereafter file 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 thereof
or thereafter, 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 Recognition 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 rules,
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, and/or any
decision of the Board detern~ining 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 BEHALF 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
for plans sponsored by such organization upon the written authorization of
employees in the unit represented by Recognized Employee Organization on
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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 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 and/or 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 are as follows:
a) If the parties agree to submit the dispute to mediation, and agree 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 any 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
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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) If the parties agree on fact-finding, they may agree on the appointment of one
(1) or more fact-finders. If they fail to so agree on one (1) or more fact-
finders, afact-finding panel 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 more 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 personnel.
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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 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 on 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 a fact-
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. Tl1e cost for afact-finding panel member
selected by each party, and other separately incurred costs, 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,
organization, 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).
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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 Labor 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 SEVERABILITY
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:E] Dorado, Merced, Napa, Placer, Sacramento, Santa Cruz,
Shasta, Solano, Sonoma, Stanislaus, Sutter, Yolo and local prevailing pay
practices when applicable. Rates of pay for the California Highway Patrol
and the cities of Chico, Redding, and Oroville shall be surveyed as well as
agreed upon with the Deputy Sheriffs' Association.
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 personnel 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 regarding the adequacy and equity of the current compensation
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and fringe benefit plans.
f) The ability of the county to finance adjustments in the compensation and
fringe benefit plans.
11.2 ADOPTION OF 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 SCHEDULE
a) Schedule of Payment. Notwithstanding any provisions of the Personnel Rules
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 for appointed department heads,
elected department heads, and appointed officials shall be rounded to the
nearest whole cent. The biweekly rate for classified positions presented by
the County's recognized bargaining units, shall be calculated by multiplying
the hourly rate (which is rounded to the hundredth of a cent) by eighty (80)
hours.
For the purpose of setting pay periods throughout the year beginning January
1, 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 prorated 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 off to the nearest 1 (one)
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
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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 form 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 Hiring. 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.
c) Former 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 WITHIN 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.
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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 or 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 Allocation. If the salary range for an employee's class is
changed, the employee's merit advancement date shall not 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.
h) Step Adjustments. An employee whose salary step is adjusted to a higher step
within the salary range shall have a merit advancement date effective one (1)
year from the date of 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 may 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 the employee shall not be eligible for merit
increase until the employee's next 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
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Regular employees promoted to a position in a class with a higher salary range
shall have compensation set at Step 1 of the new salary range or to the nearest
higher step that is within five dollars ($5.00) of a five percent (5%) increase in the
biweekly rate whichever is greater.
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 LATERAL 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 for which the employee meets the minimum qualifications as determined by
the Director -Human Resources. For the purposes of this section, the same salary
range means approximately (no more than 4.9%) the same beginning and ending
salary. An employee 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 employee
must complete the probationary period in the lateral transfer class.
An appointing authority 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 authority 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 DEMOTION
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 employee has
voluntarily demoted shall not be required to serve a new probationary period.
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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.
l 1.1 1 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 follows:
a) Reclassification & No Change in Salary. 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 Salary Rangy 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.
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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 5% 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 Code Section 20023, the Board of
Supervisors may authorize payment of a 5% 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.
1 ].14 OVERTIME
a) Policy. 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
employees for such necessary overtime work.
b) Work Period. The normal 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
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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) Reporting Paid Overtime. 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 off within (180) one hundred eighty days following the
overtime worked, the employee shall be paid the equivalent compensation.
g) Fringe Benefits Not Affected by Overtime. 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 Employyees• Extra help employees are eligible for overtime only
for those hours worked over 40 (forty) in a work week.
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 overtime shall be accumulated at a rate of
0.1923 days for each biweekly period of compensated service. Administrative
leave may be 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,
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who prior to December 24, 1977, were eligible for 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 overtime 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
overtime provisions of these and the in-lieu administrative leave practices shall
apply to the position.
11.15 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 employee shall receive a
pay differential of $5.00 per regularly assigned shift of compensated service. The
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.
].1.16 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. Employees so assigned must
perform substantially all of the duties of the higher classification, and shall be
compensated with an additional five (5%) 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
for a promotional examination. Salary differentials or other pay and benefit
provisions of the higher class shall apply during such assignments. Return
from such assignments 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
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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) Backfilling 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 12.4(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 cases of assignments approved by the
Director -Human Resources, as heretofore provided.
11.17 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 loss
of pay and shall not be subject to the grievance or appeal process.
12 BENEFITS
12.1 VACATION LEAVE
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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 7.3846
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 - 4.99 4.3077
Confidential & Supervisory Unit S - 9.99 5.8462
10 - 19.99 7.3846
20+ 8.0000
Deputy Sheriffs' Association -General 0 - 4.99 3.0769
5 9.99 4.6153
10+ 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 4.923
10 1999 6.461
20+ 7.076
Professional Employees Unit 0 - 4.99 4.3077
5 9.99 5.8462
10 -- 1999 7.3846
20+ 8.0000
Appointed department heads 0 4.99 4.3077
Unit 5 9.99 5.8462
10 - 19.99 7.3 846
20+ 8.0000
An employee who has less than six (6) months of uninterrupted service shall not
be entitled to use accrued vacation leave unless specifically approved in writing
by the Director-Human Resources for extraordinary reasons. Employees
separating from County employment shall be entitled to a payout of unused
accrued vacation upon separation. 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.
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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 off between 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 employee shall cease earning vacation accruals until their total vacation
accrual falls below two (2) times the earning rate. Should 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) Employee 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. It 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 Back 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 five 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
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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.
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 Policy
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 2601
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 for 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 grant 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 or she occupied when the leave
commenced. An employee who takes a leave because of his or her own 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,
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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 shall have full authority to approve such requests in
accordance with the provisions of this policy.
Tlefinitinnc
For purposes of this policy, the following definitions shall apply:
1. "California Family Rights Act" (CFRA) means leave may be taken for any of
the following reasons:
a. For the birth of a child for purposes of bonding;
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. "Certifrcatiof~" means a written communication from the health care provider
verifying that the employee is unable to work due to his/her 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 or
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. "Employer" means the County of Butte.
5. "Family and Medical Leave 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
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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. "Employment i~ the same or arz 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 provider" means an individual duly licensed as a physician,
surgeon, or 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 Fajyiily" 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. "Leave YeaY" means 12 weeks of leave allowed under FMLA/CFRA and is
calculated on the calendar year, January-December of each year.
11. "Parent" 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. "SeYious health condition" 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 supervision of a health care provider
of health care services (e.g. physical therapist) under orders of, or on
referral by, a health care provider; or
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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.
uired Notice and Medical Certification
When the Human Resources Department is notified 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 within 15
days following notification of provisional FMLA/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 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 (CFR 825.311):
a. The date on which the serious health condition commenced.
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b. The probable duration of the condition.
c. 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 825.310).
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 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
Paid Leave
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
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paid status.
Unpaid 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 FMLA/CFRA
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.
The provisions of Personnel Rules Section 7.2.1 shall apply to this policy with
regard to probationary extensions due to unpaid absences. If an employee
qualifies for and takes unpaid leave in excess of two full and consecutive pay
periods for a qualifying purpose under FCML, the anniversary date and any
associated merit increase shall be extended. 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. 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.
COORDINATION OF PAID FAMILY LEAVE/FMLA/CFRA/PDL
Paid Family Leave. Paid Family Leave is a component of the State Disability
Insurance and is administered by the State Employment Development
Department's Disability Insurance Branch. A claim with the State Employment
Development Department may be filed for time taken to:
- To care for a seriously ill child, spouse, parent, or domestic partner;
- To bond with the employee's new child or the new child fo the employee's
domestic partner; or
- To bond with a child in connection with the adoption or foster care placement
of the child with the employee or the employee's domestic partner.
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Employees entitled to leave under the Family Medical Leave Act and/or the
California Family Rights Act must take Paid Family Leave concurrent with the
leave taken under those acts. Elig•bilit~quirements for Paid Family Leave shall
be as set forth in the Unemployment Insurance Code.
FMLA and CFRA
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 for disability on
account of pregnancy, childbirth, or related medical leave exceeding twelve
workweeks in a twelve month period.
FMLA, CFRA and Worker's Compensation Leave
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 other qualifying leaves under this policy.
PDL, FMLA and CFRA
Leaves related to medical disability due to pregnancy, childbirth or other related
medical conditions are governed by three separate laws.
a. Pregnancy Disability Act. Under the California Fair Employment and
Housing Act, if an 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 be taken consecutively
or intermittently for the four-month period. PDL provides job protection
for the employee but does not pay medical benefits. An employee may be
eligible for PDL even if she doesn't meet the qualifications for
FMLA/CFRA.
b. Family and Medical Leave Act. 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 l2 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, he/she will have to make
arrangements to pay his/her portion of the premiums to the Auditor's
office.
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.
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c. California Family Rights Act. The California Family Rights Act (CFRA)
eligibility provides for bonding after the birth of a baby. CFRA 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
FMLA/PDL 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 PDL/FMLA leave prior to
the 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 for
pregnancy disability leave is four months and 12 weeks.
Medical Certification -Pregnancy Disability Leave
"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 not addressed herein, the provisions of FMLA, CFRA, PDL shall
be controlling.
No Reprisal
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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 his/her 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 five
(5) 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 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 of bereavement 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 (30)
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.
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.
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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 Pad Each 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 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 off.
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 HOLIDAY LEAVE
a) Designated Holidays. Each regular employee or appointed department head
in a compensated employment status on the assigned work day immediately
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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) New Year's Day January 1
2) Martin Luther King Third Monday in January
3) Washington's Birthday Third Monday in February
4) Cesar Chavez Day March 31
5) Memorial Day Last Monday in May
6) Independence Day July 4
7) Labor Day First Monday in September
8) Veterans Day November 11
9) Thanksgiving Day Designated Thursday in November
10) Post-Thanksgiving Day Friday following Thanksgiving
1 l) Christmas Day December 25
12) Every day appointed by the President, Governor, and the Board of
Supervisors for a public fast, thanksgiving, or holiday, when the day is
celebrated as a State or Federal holiday. Days declared as Federal
holidays shall be observed as County holidays.
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 employee required to work on 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, or equivalent compensation to be paid
within sixty (60) days following the designated holiday.
Regular employees exempt from paid overtime shall be entitled to compensation
for designated holidays actually worked. Extra-help employees shall not be
entitled to paid holidays or compensated time off for holidays worked.
b) Personal Holidays & Special Vacation Entitlements. Personal holidays and
special vacation entitlements shall be applied as called for in the individually
bargained Memoranda of Understanding.
c) Compensation 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 LEAVES
Employees shall notify their appointing authority immediately upon receiving
notice of jury duty or call as a witness. Regular employees and appointed
department heads who served on a jury or are served with a subpoena which
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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
personal 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 (15) 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 be taken. Rest periods shall be
considered hours worked and employees may be required to perform duties, if
necessary.
12.8 RETIREMENT
Regular employees and appointed department heads holding county employment
shall be members of the Public Employees' Retirement System. Elected officials
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) Eligibility All elected and appointed officials and regular employees
assigned to a (1 /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
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the carrier. Employees enrolling after the (30) thirty day enrollment period
will be approved only upon evidence of insurability. Regular employees
assigned less than (1/2) 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 for 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 Employee 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 post-
retirement health coverage shall be made to the Director -Human Resources,
prior to the 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:
1) PERS safety members shall be pernlitted, 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.
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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 18 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 -Human
Resources.
12.10 TRAVEL AND EXPENSES
BACKGROUND
This policy applies to County officers and employees, as well as members of boards and
commissions required to travel in or out of the county for the conduct of County business.
This policy also provides for expenses of public employees from other jurisdictions when
specifically referenced in policy provisions set forth below.
For ease of reference, the Travel Policy is presented in the following sections:
1. Definitions
2. General Policy
3. Approvals Required
4. Travel Participants and Number
5. Mode of Transportation
6. Reimbursement Rates
a. Maximum Rate Policy
b. Private Auto
c. Meals
d. Lodging
e. Other
7. Advance Payments
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8. Compliance - Responsibility of Claimant
9. Procedures
1) DEFINITIONS
a) County employee -shall mean any employee of the County of Butte, including
appointive and elective officers, 1leads of County departments, and when appropriate,
all non-salaried members of County commissions or similar County advisory bodies
or agencies.
b) Department head Authorization Signature of department head or designee is
required on the claim form.
c) Hosting Hotel -shall mean either the hotel where meetings, conferences or
training sessions are held or a lodging site recommended and/or reserved by the
conference/seminar sponsor.
2) GENERAL POLICY
a) County officers and employees should not suffer any undue loss when required to
travel on official County business, nor should said individuals gain any undue
benefit from such travel.
b) County officers or employees compelled to travel in the performance of their
duties and in the service of the County shall be reimbursed for their actual and
necessary expenses for transportation, parking, tolls and other reasonable
incidental costs, and shall be reimbursed within maximum rate limits established
by the Board of Supervisors for lodging, meals, and private auto use. "Actual and
necessary expenses" do not include alcoholic beverages.
c) Travel arrangements should be as economical as practical considering the travel
purpose, traveler, and time frame available to accomplish the travel mission,
available transportation and facilities and time away from other duties.
Individuals who have been authorized to travel under this policy are expected to
take advantage of government discounts or travel agency special rates available
for car rentals, hotels, and other incidental travel requirements.
d) Employees must obtain prior authorization for travel (i.e., obtain approvals before
incurring costs and before commencing travel).
e) Receipts are required for reimbursement of lodging costs, registration fees, public
transportation and for other expenses as specified, or as may be required by the
Auditor-Controller.
Personnel Rules 2004
Page 99 of 109
f) Personnel Rule 12.10 is incorporated herein by reference. Department heads are
responsible for insuring that County employees adhere to all aspects of Rule
12.10.
g) Department heads will be responsible for approval of travel and transportation
expenditures and the Auditor-Controller will be responsible for periodic and
unannounced audits of such expenditures. Items that are questionable charges
against the County shall be submitted to the Chief Administrative Officer by the
department head for consideration and resolution.
h) The Chief Administrative Officer may, at his or her sole discretion, authorize an
exception to requirements set forth in this travel policy, based on extenuating
circumstances presented by the appropriate, responsible department head. Any
exception granted by the Chief Administrative Officer is to be applied on a case-
by-case basis and does not set precedent for future policy, unless the Board of
Supervisors has formally adopted it.
i) Double Claiming To claim reimbursement for the same costs from more than
one source (e.g., submitting claims for reimbursement to a State or Federal
agency or other source and to the County) is prohibited by this policy. However,
if another source provided only partial reimbursement, the balance up to the limits
authorized by this policy, may be claimed. Appropriate documentation must be
submitted with the claim (e.g., the State claim form showing the costs that are
being paid by the State).
3) APPROVALS REQUIRED
a) It remains the discretion of the Chief Administrative Officer as to whether or not
costs of travel not authorized in advance will be reimbursed and whether or not
exceptional costs will be reimbursed.
b) Department head approval is required for subordinate staff when travel involves
any of the following:
• Transportation by common carrier (except BART), e.g., air, train, bus
• Car rental
• Out-of-County overnight travel
• Members of Board or Commissions, or non-County personnel
c) Appointed department heads shall notify the Chief Administrative Officer of the
dates and location of business related over night travel occurring out of the
County.
d) Chief Administrative Officer approval is required for any exceptions to the
provisions within this policy, e.g., travel requests not approved prior to travel,
requests exceeding expense guidelines or maximums
Personnel Rules 2004
Page 100 of 109
4) TRAVEL PARTICIPANTS AND NUMBER
a) It is preferable that department heads and assistants not attend the same out-of-
county conference. However, where mitigating circumstances exist, the
department head should notify the Chief Administrative Office with a justification
memorandum.
b) The number of travel participants for each out-of-county event, in most instances,
should be limited to one or two staff members, and those individuals should be
responsible for sharing information with other interested parties upon return.
However, it is the responsibility of the department head to determine how many
participants are necessary to travel to each out-of-county event in order to
maximize county resources.
c) The following expenses incurred by a member of the Board of Supervisors
constitute an allowable County charge:
• Actual expenses for meetings and personal travel, necessarily incurred
in the conduct of County Business. This includes, but is not limited to
mileage incurred while traveling to and from the Board members'
residence and the location of the chambers of the Board of Supervisors
while going to or returning from meetings of the Board of Supervisors.
d) Non-County personnel travel expenses are not normally provided for since only
costs incurred by and for County officers and employees on County business are
reimbursable. However, reimbursement is allowable for County officers (elected
officials and appointed department heads) and employees who have incurred
expenses for non-County staff in the following circumstances:
(1) Meals for persons participating on a Human Resources interview panel
when deemed appropriate by the Director of Human Resources.
(2) Conferences between County officials and consultants, experts, and public
officials other than officers of Butte County, which are for the purpose of
discussing important issues related to County business and policies.
(3) Transportation expenses for a group of County officers and employees and
their consultants, and experts on a field trip to gain information necessary
to the conduct of County business.
(4) Lodging expenses for non-County personnel are NOT reimbursable except
when special circumstances are noted and approved in advance by the
Chief Administrative Office. Otherwise, such expenses must be part of
service contract in order to be paid.
e) Any costs incurred by or related to a spouse or companion are not reimbursable
Personnel Rules 2004
Page 101 of 109
5) MODE OF TRANSPORT
a) Transportation shall be by the least expensive and/or most reasonable means
available.
b) Private auto reimbursement may be authorized by the department head for County
business travel within Butte County and out-of-county and shall be governed by
Personnel Rule 12.10.
c) Out-of-county travel by County vehicle or private vehicle may be authorized if
the final destination of the trip does not exceed a four (4) hour driving distance
from the County offices, unless to do so would be more economical than other
means of transport. If air travel would be more economical, but the employee
prefers to drive even though travel by car would not be in the County's best
interest, the County will reimburse transportation equal to the air travel; as any
extra days of lodging and meals, etc., will be considered a personal, not
reimbursable cost of the traveler.
d) Common carrier travel must be in "Coach" class unless otherwise specifically
authorized in advance by the Chief Administrative Officer. Generally, any costs
over and above coach class shall be considered a personal, not reimbursable
expense of the traveler.
e) Rental cars may be used as part of a trip using public transportation if use of a
rental car provides the most economical and practical means of travel. Rental car
costs will not be reimbursed without a receipt and department head approval.
6) REIMBURSEMENT RATES
a) Maximum Rate Policy -Maximum allowable rates for reimbursement may not be
exceeded unless due to special circumstances documented by the department head
and approved by the Chief Administrative Officer. The amount of any
reimbursement above the maximum shall be at the sole discretion of the Chief
Administrative Officer.
b) Private Auto -Travel by private auto in the performance of "official County
business" shall be reimbursed at the Federal rate as determined by the Internal
Revenue Service.
Mileage for travel shall be computed from the employees' designated work place
- If travel begins from the employee's residence, mileage shall be calculated from
the residence or work place, whichever is less. (For example, an employee who
lives in Chico and works in Oroville who must drive to a meeting in Sacramento
will be compensated for travel from Oroville to Sacramento and back to Oroville.)
Personnel Rules 2004
Page 102 of 109
The mileage reimbursement rate represents full reimbursement for expenses
incurred by a County officer or employee (e.g., fuel, normal wear and tear,
insurance, etc.) during the use of a personal vehicle in the course of service to
Butte County.
c) Meals -Actual meal expenses, and gratuity not to exceed 1 S% of the bill, or within
maximum allowable rates set forth below, may be reimbursed routinely for Out-of-
County travel and for In-County overnight travel. Meals will not be provided for In-
County travel or meetings that do not involve overnight lodging, unless special
circumstances are involved such as the following:
(1) When meals are approved as part of a program for special training
sessions, conferences, and workshops.
(2) When the Director of Human Resources deems it appropriate to provide
meals to a Human Resources interview panel.
(3) When senior managers and/or department heads of the County meet with
executives of other governmental agencies, community organizations, or
private companies in a breakfast, lunch or dinner setting in order to
conduct County business. While such meetings are discouraged unless
absolutely necessary to the efficient conduct of County business, such
expenses for County managers and appointed department heads require
approval by the Chief Administrative Officer.
An individual eligible for a full day's meal per diem may be reimbursed for the
actual cost of meals up to a total of $SO per day, including gratuities, without
regard as to how much is spent on individual meals (e.g., breakfast, lunch, dinner,
snacks), and without receipts. If an employee is on travel status for less than a
full day, costs may be reimbursed for individual meals within the rates shown
below:
• Breakfast may be reimbursed only if an employee's travel commences at least 2 hours
in prior to an employee's regular work schedule.
• Dinner may be reimbursed if travel is of at least 2 hours in duration past the end of the
employee's regular work schedule.
Maximum allowable Meal Reimbursement
Breakfast $10.00
Lunch $15.00
Dinner $25.00
Total for full day $50.00/day
Personnel Rules 2004
Page 103 of l09
d) Lodging -Lodging within County may be authorized by a department head if
assigned activities require an employee to spend one or more nights in an area of
the County which is distant from their place of residence.
(1) Lodging may be reimbursed up to $150.00 per night plus tax, single
occupancy. The Chief Administrative Office may approve extraordinary
costs above this limit on a case by case basis when the responsible
department head and Chief Administrative Office determine that higher
cost is unavoidable, or is in the best interest of the County.
(2) Department head authorization is required for lodging at a hosting hotel
when the cost of the lodging exceeds the limits set forth by this policy. To
be eligible fora "hosting hotel" classification, the lodging site must be
listed on the conference/seminar flyer, brochure or conference letterhead
and this documentation must accompany the claim for reimbursement.
(3) Single rates shall prevail except when more than one County employee
occupies the room. However, nothing in this policy shall be construed to
require employees to share sleeping accommodations while traveling on
County business. In all travel, employees are expected to secure overnight
accommodations as economically as possible and practical.
(4) Lodging arrangements should be made, whenever possible and
practicable, at hotels/motels which offer a government discount, will
waive charges to counties for Transient Occupancy Tax, or at which the
County has established an account. When staying at such a facility, the
name of the employee and the department must appear on the receipt of
the hotel/motel bill.
(5) Lodging for the night before, prior to, after, or following a conference,
training, or meeting is discouraged unless it is more efficient and practical
to do so. The department head shall make this determination based on
such factors as distance and weather conditions before approving these
expenses.
(6) Personal expenses incurred for lodging (in-room movies, honor bar,
snacks, etc) shall not be reimbursable.
(7) Receipts are always required for lodging and must be submitted with the
claim for reimbursement.
e) Other -All other reasonable and necessary expenses (i.e., parking, shuttle, taxi,
etc.) will be reimbursed at cost if a receipt is submitted with the claim. Receipts
are required except for those charges where receipts are not customarily issued,
for example, bridge tolls and snow chain installation and removal fees. When
specific cost guidelines are not provided by the County, reasonableness of the
Personnel Rules 2004
Page 104 of 109
expense shall be considered by the department head and Chief Administrative
Officer before deciding whether to approve.
(1) Any costs incurred for alcoholic beverages or tobacco products are not
reimbursable.
(2) Per the Attorney General, the County may not lawfully expend funds to
reimburse County employees for their expenses in buying meals for
legislators or their aides at meetings to discuss legislation of interest to the
County.
(3) Personal services such as cleaning, laundering, barbering or similar items
shall be considered personal expenses and are not reimbursable. However,
the Chief Administrative Officer may consider unforeseen costs caused by
extreme circumstances for reimbursement.
(4) Gratuities, other than those allowed for meals as outlined above, and
personal gifts shall be considered personal expenses and are not
reimbursable.
7) ADVANCE PAYMENTS
a) The Auditor-Controller may provide advance funds for estimated "out of pocket"
expenses up to seventy five percent (75%), but will not provide advances in an
amount less than $100.00. The "out of pocket" expenses may include meals, taxi
and public transportation, lodging, parking, and pre-registration costs.
b) Travel advances at 100% will be allowed for all personnel who are attending
required P.O.S.T or STC training. Documentation to support that it is P.O.S.T. or
STC approved training must be submitted with the request for advance.
c) Rental car expenses will not be eligible for an advance unless the car rental is
included as part of the flight reservation. Individuals authorized to rent a vehicle
must possess a valid California driver's license.
d) Travel that is canceled or postponed for more than 30 days requires that any
advanced funds be returned to the Auditor-Controller's office within five (5)
working days of the scheduled departure date. If the advance is not returned
within this time frame, the employee could jeopardize their standing to receive
advances in the future.
8) COMPLIANCE -RESPONSIBILITY OF CLAIMANT
a) It is the responsibility of the claimant to understand and follow all policies and
procedures herein in order to receive reimbursement for mileage, travel and
Personnel Rules 2004
Page 105 of 109
expense claims. Any form completed improperly or procedure not followed may
result in the return of a claim without reimbursement.
b) Documentation required for reimbursement shall substantially conform to IRS
requirements to substantiate business expenses by adequate records or sufficient
evidence corroborating the amount, time and place, and business purposes. The
primary evidence supporting these requirements shall be receipt. Claims
submitted without proper documentation and department head authorization will
be denied or reduced accordingly.
9) PROCEDURES
a) Authorization to incur expenses must be obtained as set forth in this County
policy and as maybe directed by the department.
b) To request a travel advance, an employee must submit a Travel Advance Form
with department head approval showing the estimated cost of the trip to the
Auditor-Controller's Office no later than 15 working days prior to the date of
departure.
c) Forms which require Chief Administrative Office approval should be submitted to
the Chief Administrative Office after department head approval at least 7 to 10
days prior to travel to allow time for processing through County Administration
and the Auditor-Controller's Department.
d) Travel reimbursement claims and documentation of expenditures following travel
advance are due to the Auditor-Controller within 30 calendar days after
completion of travel. The due date maybe extended if deemed appropriate by the
County Auditor-Controller following written request by the department head
outlining the extenuating circumstances that justify such extension. Claims must
itemize expenses as indicated on claim forms, and must be processed with
receipts attached.
e) The amount of any travel advance provided shall be shown on the claim form and
shall be deducted from the total of all expenses listed on the claim form. If the
amount advanced exceeds the actual expense, a remittance, in the form of a
personal check or money order only, must accompany the claim and be submitted
to the Auditor-Controller's Office. Said claim must be submitted to the Auditor-
Controller's Office within 30 calendar days. It is the responsibility of the
department head to ensure that any excess travel advances are returned to the
County.
f) The County Auditor-Controller upon receipt of properly completed claim forms
will provide reimbursements expeditiously. The Auditor-Controller's Office shall
promptly review claims to determine completeness, and if found incomplete will
return the request to the claimant noting the areas of deficiency.
Personnel Rules 2004
Page 106 of 109
g) Personal Mileage and Expense Claim forms should be completed for each
calendar month, one month per claim form. These monthly claims are due to the
Auditor-Controller within 15 days following the end of the month; however, the
deadline may be extended if deemed appropriate by the County Auditor-
Controller. If monthly amounts to be claimed by an individual are too small to
warrant processing at the end of the month (i.e., less than $10.00), the claims for
an individual may be accumulated and processed in a batch when a reasonable
claim amount has accrued. In any event, such claims shall be made and submitted
to the County Auditor-Controller for accounting and payment within the same
fiscal year as the expense was incurred, with the allowable exception of travel
expenses incurred in mid-June.
12.1 l UNEMPLOYMENT 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 Unemployment Insurance Program 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
Personnel Rules 2004
Page 107 of 109
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 law.
PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of
California, on the 25`t' day of May 2004 by the following votes:
AYES: Supervisors Dolan, Houx, Josiassen, Yamaguchi and Chair Beeler
NOES: None
ABSENT: None
NOT VOTING: None ; , ' `` ~'
`y , .
i - ,'
RJ Beeler, hair -Butte County Board
of Supervisors
ATTEST:
Paul McIntosh
Chief Administrative Officer
and Clerk of the Board of Supervisors
<~~ , ~
By:
Personnel Rules 20114
Page 1(18 of 109
APPENDIX "A" -EPA
Flexibly Staffed Classifications Approved for the "Employee Promotional Process" (EPA) per
Personnel Rule 6.10 i -Promotions within Classification Series:
Account Clerk, Senior Account Clerk or Accounting Speciali Personnel S ecialist or Personnel Analyst I, II
Auditor-Accountant I, II Plan A lication Assistant I, II
Administrative Analyst I, II Planning Technician I, II
Appraisal Specialist or Appraiser I, II Probation Officer I, II, III
Assessment Clerk I, II Psychiatric Technician or Senior Psychiatric Technician
Assistant Clerk to the Board of Su ervisors I, II Public Health Assistant I, II
Assistant Planner or Associate Planner Public Health Nurse I, II
Auditor -A raiser I, II Recordable Document Examiner I, II
Brid >e Maintenance Worker I, II Recycling Coordinator I, II
Building Crafts Worker I, II, or III Revenue and Reimbursement Officer I, II
Buildin =Ins ector I, II Road Maintenance Aide or Road Maintenance Worker I, II
Buyer I, II Secretary I, II
Cadastral Drafting Technician or Senior Cadastral
Draftin =Technician Sheriff's Clerk I, I[
Child Su ort Attorney I, II, or III Staff Nurse I, II
Cook or Senior Cook Social Services Aide, or Social Worker I, II
Child Support Attorney I, II, or III Supervisor's Administrative Assistant I, II
De uty Count Clerk -Recorder I, II Traffic Control Worker I, II
De ut County Clerk -Elections I, II Tree Trimmer-Climber I, II
De uty County Counsel I, II or III Vehicle Service Worker or E ui ment Mechanic
Deputy District Attorney I, II or III Weights and Measures Ins ector/A ~ricultural Biologist I, II
District Attorne Investi rotor I, II
Eli ~ibilit Technician I, II
Engineer (non civil) -Junior, Assistant or Associate
Engineering Aide I, II or Engineerin =Technician I, II
Environmental Health Technician or Environmental Health
Specialist I, II
Family Su ort Case Manager I, II
Grounds Maintenance Worker I, II
Health Education S ecialist I, II
Information Systems Analyst I, II
Information System Technician I, II, III
Juvenile Hall Counselor I, II
Landfill Maintenance Worker I, II
Legal Typist Clerk or Lega] Secretary I, II
Librarian I, II
Librar Assistant I, II
Medical Records Technician I, II
Mental Health Clinician I, II
Mental Health Worker, Mental Health Counselor
Micrographics Technician I, II
Nutrition Assistant I, II
Office Assistant II, III (note: this applies only those employees in the classification series located in the Eligibility Clerical
within the Department of Em loyment and Social Services*)
Offset Du licatin ~ Machine O erator I, II
*This exception is due to a contractual negotiation agreement with the General Unit per the
classification and compensation appeals hearing process effective as of 1/4/92.
Personnel Rules 2004
Page 109 of 109