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HomeMy WebLinkAbout06-110RESOLUTION 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 1 S, 1976, the Board of Supervisors reenacted Article V7 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 Vl 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 1T RESOLVED by the Board of Supervisors that the rules for the administration of the Merit System and Human Resources Program under Article VT, Chapter 2 of the Butte County Code shall be as follows. Personnel Rules Rev 20D6 Page 1 COUNTY OF BUTTE MERIT SYSTEM PERSONNEL RULES 2006 Prepared by: Butte County Human Resources Department 25 County Center Drive Oroville, CA 95965-3387 (534) 538-7651 Personnel Rules Page 2 Rev 2006 Table of Contents DEFINITIONS ............................................................................................................................ 9 2.54 REASONABLE CAUSE ....................................................................................................1G 3 ADMINISTRATION .......................................................................................................1G 3_1 HUMAN RESOURCES DIRECTOR ..................................................................................16 3_2 AMENDMENT OF RULES ...............................................................................................17 3_3 SERVICES .....................................................................................................................17 3.4 PERSONNEL RECORDS ................................................................................................. i7 3.5 PAYROLL RECORDS ..................................................................................................... 17 3.6 PERSONNEL FORMS ..................................................................................................... 17 3.7 VOLUNTEER RECORDS ................................................................................................. 17 3~8 DESTRUCTION OF RECORDS ....................................................................................... 17 3_9 RECORDS ACCESS ........................................................................................................17 3.L0 EXTENDING COVERAGE TO OTHER AGENCIES ............................................................ iS 3.11 EMPLOYEE ELIGIBILITY .............................................................................................. 1S 3,12 EXEMPT POSITIONS .................................................................................................... 1S 4 AFFIRMATIVE ACTION PROGRAM ...............................................................................18 PURPOSE . .18 08JECTIVE. .19 PLAN. .19 . . Personnel Inventory ............................................................................................................................ 19 Classification ....................................................................................................................................... 20 Selection Process ................................................................................................................................. 2Q Recruitment Procedure ........................................................................................................................ 20 Discrimination Complaints .................................................................................................................. 20 RESPONSlBII,TTIES . . 21 .. .. The Director- Human Resources . .................................................................................................... ~~ Appointing Authorities ......................................................................................................................... 21 4_5 SEXUAL HARASSMENT PREVENTION POLICY ............................................................. 21 4=G EMPLOYMENT OF PERSONS WITH DISABILITIES ....................................................... 24 ~.T. EMPLOYEES WITH LIFE-THREATENING ILLNESSES ................................................... 26 Confidentiality ..................................................................................................................................... 27 Equal Treatment .................................................................................................................................. 27 Benefits ................................................................................................................................................ 27 Management .............................................................•--•-•---------............................................................ 28 Medical Authority ........................................................................................................ ............. 28 ........... Educational Program for County Employees ...................................................................................... 28 New Employee Brochure ..................................................................................................................... 29 Educational Employee Programs ........................................................................................................29 5 CLASSIFICATION OF POSITIONS ................................................................................ 30 CLASSIFICATION PLAN. .30 Personnel Rules Page 3 Rev 2006 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 VETERANS' PREFERENCE POINTS .............................................................................................................................32 RELEVANT EXPERIENCE . .33 QUALIFICAT'IONS ..............................................,,,,......................................., ,,........................ 33 PROMOTIONAL AND OPEN EXAMINATION PROCESS ............................................................. 34 EXAMINATION REVIEW .......................................................................................................... 34 SELECTION PROCESS APPEAL ................................................................................................. 34 CERTIFICATION ...................................................................................................................... 35 ELIGIBLE LISTS ....................................................................................................................... 35 ESTABLISHMENT OF ELCG[BLE LISTS ........................................................................................................................35 COMPOSITION OF ELIGIBLE LIST ..............................................................................................................................35 CERTIFICATION FROM COMPARABLE ELIGIBLE LIST ..............................................................................................35 EFFECTIVE DATE OF ELIGIBLE LIST .........................................................................................................................35 DURATION OR ELIGIBLE LIST ....................................................................................................................................36 EXHAUSTION OF ELIGIBLE LIST ................................................................................................................................36 MERGING ELIGIBLE LISTS .........................................................................................................................................36 ORDER OF ELCGIBLE LISTS ........................................................................................................................................36 REINSTATEMENT LISTS ..............................................................................................................................................36 CONTACTING ELIGIBLES ............................................................................................................................................36 WAIVERS ..................................................................................................................................................................... 36 PLACEMENT OF ELIGIBLES INACTIVE. .36 ..................................................................................................................... INACTIVE ELCGIBLES ..................................................................................................................................................37 CERTIFICATION OF NAMES ..................................................................................................... 37 REINSTATEMENT LIST TO LAYOFF DEPARTMENT ....................................................................................................37 REINSTATEMENT LIST TO OTIiER DEPARTMENTS ....................................................................................................37 PROMOTIONAL AND OPEN ELIGIBLE LISTS ..............................................................................................................37 LIST WArvER.. .38 SELECTIVE CERTIFICATION. ,3$ 6.10 APPOINT'MENTS ........................................................................................................... 38 REGULAR .................................................................................................................................................................... 38 PROVISIONAL ..............................................................................................................................................................38 EXTRA HELP ...............................................................................................................................................................39 ADMINISTRATIVE APPOIIVTMENTS ............................................................................................................................39 EMERGENCY APPOINTMENTS . ,39 .................................................................................................................................. NEPOTISM ...................................................................................................................................................................39 UNriERFILLING ...........................................................................................................................................................39 REEMPLOYMENT ........................................................................................................................................................39 PROMOTIONS WITHIN CLASSIFICATION SERIES . .40 TERM APPOINTMENT . .40 7 CONDITIONS OF EMPLOYMENT ................................................................................... 42 77=1 STATUS OF ADMINISTRATIVE APPOINTEES ............................................................... 42 Personnel Rules Page 4 Rev 2006 7_2 PROBATIONARY PERIOD OF NEW EMPLOYEES ........................................................... 42 7.2.1 EXTENSION OF PROBATIONARY PERIOD ................................................................... 43 77=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 ACTIVITIES ............................................................................................... 45 77=8 OUTSIDE EMPLOYMENT ............................................................................................... 45 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 .........................................................................................................................48 SENIORITY LIST SCORE COMPUTATION. .48 ORDER OF SEPARATION IN REDUCTION-IN-FORCE . .48 ............................................................................... LAYOFF NOTICE ....................................................................................................................................................49 DEMOTION IN LIEU OF LAYOFF' ......................................................................................................................49 LAYOFF REINSTATEMENT ................................................................................................................................49 LAYOFF -PROBATIONARY EMPLOYEES . .Sp 7.20 SEPARATION .................................................................................................................. 50 a. Effective Date .............................................................................................................................SQ b. Refusal to Submit Written Resignation .......................................................................................50 c. Change of Effective Date ............................................................................................................51 d. absent Without Leave .................................................................................................................Sl 8 ALCOHOL AND DRUG ABUSE POLICY .......................................................................... 51 PURPOSE . . 51 POLICY. , 52 APPLICATIONS. , g3 EMPLOYEE RESPONSIBILITIES.. . , 53 MANAGEMENT RESPONSIBILITIES AND GUIDELINES. .54 DRUG OR ALCOHOL TESTING ANDIOR PHYSICAL EXAMINATION PROCEDURE ........................... 55 RESULTS OF DRUG ANDIOR ALCOHOL ANALYSIS .................................................................................... 55 Pre-employment Physicals ................................................................................................................... 55 During Employment Physicals or~Ilcohol/Drug Tests ........................................................................56 CONFIDENTIALITY. , 56 TESTING PROCESS AND STANDARDS. .56 MEDICAL REVIEW OFFICER. ,58 9 EMPLOYEE SAFETY ............................................................................................................. 58 SAFETY PROGRAM ...............................................................................................................................................58 Purpose ................................................................................................................................................ 58 Objective .............................................................................................................................................. 59 Plan ...................................................................................................................................................... 59 .4uthority .............................................................................................................................................. 59 Policy ................................................................................................................................................... 59 9.1.1 VIOLENCE IN THE WORKPLACE ................................................................................... 60 Personnel Rules Page 5 Rev 2006 VI. FIREARMS ......................................................................................................................64 9.1.2 SAFETY FOOTWEAR ..................................................................................................... G5 GENERAL ................................................................................................................................. C5 POLICY .................................................................................................................................... G5 RESPONSTBTLTTI ES ................................................................................................................. 65 PROGRAM ADMTNTS"FRATION ................................................................................................. 6fi ASSESMENT OF FOOT HAZARDS ............................................................................................. 66 CATEGORIES OF FOOT PROECTION ..............................................................................................................66 CERTIFTCATTON OF HAZARD ASSESSMENT FOR FOOT PROTECTIONERROR! BOOKMARK NOT DEFINED. 9.2 VOLUNTEERS, BOARDS. AND COMMxSSIONS ............................................................. 70 9.4 TRUCK DRIVER PHYSICAL EXAMTNATTONS ................................................................ 7Q 9,,,^5 REIMBURSEMENT FOR EMPLOYEE PERSONAL PROPERTY LOSS ................................ 7D 10 EMPLOYEE RELATIONS ................................................................................................ 73 FILING OF RECOGNITION PETITION BY EMPLOYEE ORGANIZATION ..............................................74 COUNTY RESPONSE TO RECOGNITION PETITION ....................................................................................75 OPEN PERIOD FOR FILING, CHALLENGING PETITION ............................................................................75 ELECTION PROCEDURE .....................................................................................................................................76 PROCEDURE FOR DECERTIFICATION OF RECOGNIZED EMPLOYEE ORGANIZATION ................76 POLICY AND STANDARDS FOR DETERMINATION OF APPROPRIATE UNITS ....................................78 PROCEDURE FOR MODIFICATION OF ESTABLISHED APPROPRIATE UNITS ....................................79 APPEALS ..................................................................................................................................................................79 SUBMISSION OF CURRENT INFORMATION BY RECOGNIZED EMPLOYEE ORGANIZATIONS .................................................................................................................................................. SO PAYROLL DEDUCTIONS ON BEHALF OF EMPLOYEE ORGANIZATIONS ............................................84 EMPLOYEE ORGANIZATION ACTIVITIES-USE OF COUNTY RESOURCES ..........................................$0 ADMINISTRATIVE RULES AND PROCEDURES .............................................................................................BU INITIATION OF IMPASSE PROCEDURES. .$d IMPASSE PROCEDURES .......................................................................................................................................81 COSTS OF IMPASSE PROCEDURES. .83 CONSTRUCTION . . 83 SEVERABILITY.. . 83 11 COMPENSATION .......................................................................................................... 83 11.1 PREPARATION OF COMPENSATION PLAN .....................................................................................53 11.2 ADOPTION OF COMPENSATION PLAN .............................................................................................84 11.3 APPLICATION OF COMPENSATION RATES ....................................................................................84 11.4 COMPENSATION PAYMENT SCHEDULE .......................................................................................... $4 Schedule of Payment ............................................................................................................................ 84 Certification ......................................................................................................................................... 85 Separation ............................................................................................................................................ 85 11.5 COMPENSATION AT HIltIl~IG ................................................................................................. ..............85 New Employees .................................................................................................................................... 8S Advanced Step Hiring .......................................................................................................................... 85 Former Employees ............................................................................................................................... 86 11.6 MERIT ADVANCEMENT WITHIN RANGE .......................................................................... ..............Sfi Performance Report Required ............................................................................................................. 86 Period of Employment Required for Merit Advancem ent .................................................................... 86 New Employees .................................................................................................................................... 86 Personnel Rules Page 6 Rev 2006 Prornotian or Demotion ....................................................................................................................... 86 Transferor voluntary Demotion ......................................................................................................... 86 Change in Range Allocation ................................................................................................................ 86 Position Reclassificatt'on ..............................................~---................................................................... 86 Step ~[djustments .................................................................................................................................. 86 Effective Date ...................................................................................................................................... 87 Regular Part-Time Employees ............................................................................................................. 87 11.7 PROMOTION. . $7 11.8 DEMOTION. . 87 11.9 LATERAL TRANSFER. . 87 11.10 VOLUNTARY DEMOTION ..................................................................................................................... 88 11.11 CHANGE IN RANGE ALLOCATION .................................................................................................... 8$ 11.12 POSITION RECLASSIFICATION .......................................................................................................... 88 Reclassification & No Change in Salary ............................................................................................. 89 Reclassification to Position With Higher Salary Range ...................................................................... 89 Reclassification to Position With Lotiver Salary Range ....................................................................... 89 Change 1n Classification Title Only .................................................................................................... 89 11.13 BOARD AUTHORITY TO SPECIFY SALARY ...................................................................... .............. 89 11.14 OVERTIME ................................................................................................................................................ 89 Policy .....................................................................•----~---..................................................................... 89 Work Period ......................................................................................................................................... 90 Authorization for Overtime Work ........................................................................................................ 90 Records of Overtime Work and Justification ....................................................................................... 90 Reporting Paid Overtime ..................................................................................................................... 90 Overtime Compensation ...................................................................................................................... 90 Fringe Benefits Not Affected by Overtime ........................................................................................... 90 Overtime for Callback ......................................................................................................................... 91 Exempt Employees ............................................................................................................................... 91 Extra Help Employees ......................................................................................................................... 91 11.15 BILINGUAL PAY DIFFERENTIAI., ......................................................................................... .............. 91 11.16 TEMPORARY ASSIGNMENTS TO ffiGHER LEVEL CLASSIFICATIONS ................................... 92 General ................................................................................................................................................ 92 Vacant Positions .................................................................................................................................. 92 Backfilling Positions ............................................................................................................................ 92 Other Circumstances ........................................................................................................................... 92 11.17 SHIFT DIFFERENTIAL PAY .................................................................................................................. 93 12 BENEFITS .....................................................................................................................93 VACATION LEAVE . . 93 SICK LEAVE . . 95 Employee Sick Leave ....... ....................................................................................................................95 . Sick Leave Buy Back Option ................................................................................................................95 Criticallllness in Family .....................................................................................................................95 12.2.1 FAMILY CARE AND MEDICAL LEAVE ............................................................................ 96 12.3 BEREAVEMENT LEAVE ................................................................................................ 104 12.4 LEAVE OF ABSENCE ....................................................................................................104 LIMITED LEAVE.. .104 EXTENDED LEAVE . .104 INDUSTRIAL DISABILITY LEAVE WITH PAY.. .105 INDUSTRIAL DISABILITY LEAVE WITHOUT PAY ....................................................................................................105 MILTFARY LEAVE .....................................................................................................................................................105 TEMPORARY ASSIGNMENT TO FILL A POSTI'ION .....................................................................................................105 BOARD LEAVE ..........................................................................................................................................................106 Personnel Rules Page 7 Rev 2006 12.5 HOLIDAY LEAVE .........................................................................................................106 DESIGNATED HOLIDAYS ........................................................................................................................................... I06 PERSONAL HOLIDAYS & SPECIAL VACATION ENTI'I'LEMEPITS ..............................................................................146 COMPENSATION IN LIEU OF TIME OFF.. .107 12.6 ]URY AND WI'T'NESS LEAVES .....................................................................................107 12J REST BREAKS ............................................................................................................. 107 12.8 RETIREMENT ..............................................................................................................107 12.9 HEALTH PLAN ............................................................................................................. 107 ELIGIBILITY ..............................................................................................................................................................107 PREMIUM ..................................................................................................................................................................1©$ RETIRED EMPLOYEE OPTIONS ................................................................................................................................108 PE]4.S safety mernbers ........................................................................................................................108 PERS miscellaneous members ...........................................................................................................109 CONTINUATION OF COVERAGE ................................................................................................................................109 12.10 TRAVEL AND EXPENSE ...............................................................................................109 12.11 UNEMPLOYMENT INSURANCE ................................................................................... 119 12.12 DEFERRED COMPENSATION PROGRAM ....................................................................119 APPENDIX "A" -EPA .................. .. 121 Personnel Rules Page 8 Rev 2006 DEFTNTTIONS• ADEQUATE NOTICE OF ACTION: Where provisions of these regulations require that a party or parties concerned be delivered, served, or notified of actions, notification by letter to that party or parties' last known address shall constitute adequate notice of action. ADMINISTRATIVE APPOINTMENT: The appointment of a person to a department head position. ALLOCATION: The assignment of a classified position to a budget unit. ANNIVERSARY DATE: The date of the initial appointment to a Regular-Help position and each succeeding year thereafter, without a break in service. APPEAL: A written statement by the person affected which declares a personal belief that: a discharge, demotion, or suspension action was without reasonable cause; does not agree with a grievance ruling or the results of a selection process; or an action of discrimination has occurred. APPOINTING AUTHORITY: Any person, elected or appointed, who has responsibility to administer a county department or office, or who is a representative designated to perform these duties. APPOINTMENT DATE: The date of appointment to a regular status position within the Merit System. APPROPRIATE UNIT: A unit of employee classes or positions, established pursuant to these rotes. 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 ciassif cations 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, Personnel Rules Page 9 Rev 2006 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 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 wha, in the course of his or her duties, has access to information relating to the county's administration of employer-employee relations on a regular basis. COUNTY: The County of Butte, and, where appropriate herein, the County Board of Supervisors or any duly authorized county representative as herein defined. CRITICAL ILLNESS: An illness of a member of an employee's immediate family of such serious nature to require the attendance of the employee. 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 Fersonnel Rules Page 10 Rev 2006 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 Iayoff or reduction in force}, reduction in compensation, suspension without pay, and written reprimand. Disciplinary action maybe taken by the appointing authority, or his/her designated representative, for just cause and reasonable cause as set forth in Section 2.5~ of the Personnel Rules. 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-time employee: An employee appointed to fill on a regular full-time basis a budgeted position shown in the salary ordinance. Regular part-time employee: An employee appointed to fill on a less than full-time basis a budgeted position shown in the salary ordinance. Extra help employee: 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. Personnel Rules Page 11 Rev 2006 HOURS: As used in these rules the hours reported shall be work hours. The smallest portion of an hour reported shall be two-tenths (2110) of an hour. IMMEDIATE FAMILY: The following members of an employee's family: spouse; natural, step, or legal child or parent; brother; sister; brother-in-law; sister-in-law; grandchild; grandpazent; mother-in-law and father-in-law; registered domestic partner. 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 far which the employee meets the minimum qualifications and the salary is within 4.9% above or below the current rate of pay comparing step one of the current class to step one of the proposed classification. MANAGEMENT COUNCIL: An organization composed of appointed and elected County department heads. MANAGEMENT EMPLOYEE: An employee having responsibility for advising, formulating, administering, or managing the implementation of County policies or programs or performing professional services for the County (i.e., attorneys and doctors}. MEDICAL 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 ilI 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 regulaz 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. Personnel Rules Page 12 Rev 2006 • 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 successfizl completion of a probationary period which entitled the employee to the rights and privileges provided in these rules. POSITION: A collection of duties and responsibilities which require the full or part~time services and employment of one person. PROBATIONARY PERIOD: The period of time following regular appointment during which an employee demonstrates satisfactory performance in order to justify the right to permanent status. PROBATIONARY STATUS: The status of an employee following appointment to a regular position during which the employee may appeal disciplinary actions and discriminatory actions. While in this status the employee may not appeal probationary rejection. PROBATIONARY REJECTION: An action by an appointing authority that 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 far 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. Personnel Rules Page 13 Rev 2006 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 (6Q) 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 another classification that most accurately reflects the duties performed by the employee. RECOGNIZED EMPLOYEE ORGANIZATION: An employee organization which has been formally aclazowledged 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: 1} Remain available and be ready to respond to calls within 2 hours from the time of notification 2) Be available by radio or telephone 3) Remain within a reasonable distance from work in order to respond to calls 4) Refrain from activities which may impair the employee's ability to perform assigned duties. For those employees represented by the Butte County Management Employees Association, the order must be made in writing and there shall be no reprisals taken against an individual who is provided a pager or radio without formally being placed on standby and that individual is not able to respond to a page or phone call after hours. Personnel Rules Page t4 Rev 2006 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 the:ix 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 Board of Supervisors. For terms and conditions concerning the appointment of a Term employee, see Section 6.10j. 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 (la) 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. Wards 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 workday hours, provided the total assigned hours do not exceed 40 hours per week. Personnel Rules Page 15 Rev 2006 '~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 Y-rated at the discretion of the County. 2.54 REASONABLE CAUSE Reasonable cause refers to the condition or conditions existing which may justify the discharge, demotion, or suspension of an employee. Reasonable cause may include, but not be limited to, the following: a} Omission or willful misrepresentation of a material fact or other fraud in securing employment; b} Unsatisfactory performance; c) Inefficiency; d) Insubordination; e) Discourteous, or disrespectful treatment of the public or other employees; f) Failure to get along with other employees; g) Conviction of a felony; h) Political activity prohibited by state or federal law; i) Conduct either during 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 affirmation 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 specif cation. 3 ADM~NYSTRATYON 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. Personnel Rules Page 16 Rev 206 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 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.G PERSONNEL FORMS Every appointment, promotion, transfer, demotion, salary change, separation, or other information or action required which affects an employee shall be initiated on appropriate forms supplied by the Director -Human Resources. Such forms shall be used as prescribed by the Director -Human Resources. 3.7 VOLUNTEER RECORDS Each appointing authority allowing volunteers to participate in Butte County service activities shall maintain records of such service including the name of the employee or official authorizing the service, the name of the volunteer, the nature of the service, and the time the service was performed. Information concerning each volunteer shall be provided to the Director -Human Resources in a manner and form prescribed by the Director -Human Resources. 3.8 DESTRUCTION OF RECORDS Any personnel record maybe destroyed as provided by law. 3.9 RECORDS ACCESS Personnel Rules Page 17 Rev 2006 An employee, or a representative authorized in writing by the employee, shall have the right during normal business hours to review said employee's individual personnel records. An appointing authority may have authorization to review an employee's personnel records. 3.10 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. 3.11 EMPLOYEE ELIGIBILITY All persons occupying regular-help positions on August 7, 1976, shall be recognized as meeting the minimum standards and shall be eligible to hold the positions they are filling. 3.i2 EXEMPT POSITIONS Except as specifically indicated, ail 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 HN 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. A11 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 Personnel Rules Page 18 Rev 2006 employment minorities, women, and the physically disabled. The County of Butte will also conform with the Americans with Disabilities Act of 1.990 (ADA, 42 USC Sections 12101 et. Seq., and US Department of Justice Implementing Regulations, 28 CFR, Part 3S. 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. 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 hislher individual responsibility to contribute towards its maximum fulfillment. 4.2 OBJECTNE The objectives for providing employment opportunity to persons from minority and disadvantaged groups are as follows: To achieve flee 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 Actian Program which will include, but may not necessarily be limited to, the following actions: a) Personnellnvento The base data for t achievement of equal county population an census data. Personnel Rules Rev 2006 he establishment of affirmative action goals for the opportunity will be developed from an analysis of the d work force composition in accordance with the latest Page X9 An ongoing analysis of the status of minority employment within the county service will be made by depar[ment, 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 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. fob 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 an 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 far 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: Personnel Rules Page 20 Rev 2006 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 CNIL 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) fzve days after their request and discuss the complaint in an effort to clarify the issue, to investigate the complaint, and to work towards settlement of the complaint. The Civil Rights Compliance Officer shall verbally present a decision to the person bringing the discrimination complaint within (5) five days of the time of the informal discussion. 4.4 RESPONSIBILITIES a) The Director -- Human Resources The Director -Human Resources will advise the Board of program and budgeting take measures to insure that the resources allocated to the Affirmative Action Program are sufficient to achieve approved goals. The Director -Human Resources shall coordinate the implementation and interpret the provisions of this program. The Director-Human Resources shall monitor the effectiveness of this program and make periodic reports to the Board. b) Annointin~ 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 shalh 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 PREVENTION POLICY a) General Policv Personnel Ruies Page 21 Bev 2006 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 far sexual favors, and other verbal or physical conduct of a sexual nature. Sexual harassment may include, but is not limited to: • Sexual 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; • Conduct that interferes with an individual's work performance or creates an intimidating or hostile work environment; • Negative employment decisions or conditions based on an individual's gender identity or sexual orientation. The County of Butte is focused on the prevention of sexual harassment in the workplace. Therefore, this policy prohibits the above conduct, as well as all other inappropriate workplace behavior directed at someone because of that person's sex, gender identity, or sexual orientation, and behavior that is sexual in nature. The following conduct violates this policy: {1) verbal conduct (including, but not limited to, slurs, jokes, insults, epithets, gestures or teasing), {2) graphic conduct {including, but not limited to, gestures, offensive posters, symbols, cartoons, drawings, computer displays, or e-mails), and {3) physical conduct (including, but not limited to, physically threatening another, blocking someone's way, etc.). Such conduct violates this policy, even if it is not unlawful. Because it is difficult to define unlawful sexual harassment, employees are expected to behave at all times in a professional and respectful manner. 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 inappropriate, disrespectful, or unprofessional behavior. The following actions shall be taken by supervisory personnel: Personnel Rules Page 22 Rev 2006 1. Express strong disapproval of inappropriate comments or acts by anyone related to the workplace in any way; 2. Develop sensitivity among staff to the rights of others; 3. Inform employees of their rights and of how to use the internal complaint process. Additional action may be taken if indicated on a departmental basis to further educate employees about this policy. ~t is important to note the County of Butte and/or individual employees could ultimately be held legally accountable for acts of unlawful sexual harassment, regardless of whether the acts were authorized or forbidden by the County, and regardless or whether management knew or should have la~own of the acts. c) Non-co~]liance 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 complaint under this policy or cooperating in the investigation of such a complaint. Individuals who believe this policy has been violated are encouraged to promptly file a complaint with the County of Butte's Civil Rights Compliance Officer, using the procedure described in Section 4.3e of the Personnel Rules. All complaints will be investigated as set forth in this procedure. Internal Complaints The County of Butte encourages all employees, whenever possible, to: 1. Communicate directly with anyone whose conduct is perceived to be in conflict with this policy; 2. Bring forth potential workplace issues early in order to prevent damaging and costly non-compliance. 3. An employee may choose to address a complaint under this policy with their department head or directly with the Civil Rights Compliance Officer (Human Resources Director or designee). Any person filing an internal complaint under this policy shall use the following procedure: Personnel Rules page 23 Rev 2006 If a person believes there is reason to file an internal complaint, the person may request a confidential informal meeting with the Civil Rights Compliance Officer to discuss the situation. The Civil Rights Compliance Officer or a designated representative shall meet with the person as soon as reasonably possible to discuss the complaint. The County of Butte will promptly investigate the facts and circumstances of any claim this policy has been violated. To the extent possible, the County of Butte will endeavor to keep the reporting employee's concerns confidential. During the investigation, the County of Butte generally will: • interview the complainant and the alleged wrongdoer • conduct further interviews as necessary • document the County of Butte's findings regarding the complaint • document recommended follow-up actions and corrective action taken, if applicable • inform the complainant and the alleged wrongdoer of the County of Butte's findings. Every supervisor who learns of any employee's concern about conduct in violation of this policy, whether in a formal complaint or informally must immediately report the issues raised to senior management, respective department head or to the County's Civil Rights Compliance Officer. Any department head, when approached by an employee with a complaint, is required to report the complaint to the Civil Rights Compliance Officer (or designee). The department head shall consult with the Civil Rights Compliance Officer {or designee) to develop a plan for proceeding with an investigation and addressing the issues comprehensively. Upon completion of the investigation, the County of Butte will take corrective measures against any person who has engaged in conduct in violation of this policy, if the County of Butte determines such measures are necessary. These measures may include, but are not limited to, counseling, suspension, or immediate termination. Anyone, regardless of position or title, whom the County of Butte determines has engaged in conduct that violates this policy will be subject to discipline, up to and including termination. ~4.6 EMPLOYMENT OF PERSONS WITH DISABILITIES Persons with disabilities who apply far 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, Personnel Rules Page 24 Rev 2p06 and other employment decisions. There continue to be changes in both the definition of persons with a disability and in what steps an employer may or may not take in making employment decisions. Generally, applicants with disabilities, or disabilities that are perceived by the public to be disabling conditions, are protected. These statutes include the California Fair Employment and Housing Act (Government Cade 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 haw individuals with these conditions aze 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/Yier 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 Personnel Rules Page 25 Rev 2006 on the department in accommodating a candidate with a disability, the candidate should be notified of the decision, along with the Human Resources Department. Such a decision shall not remove a person with a disability from the eligibility list 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 maybe denied employment. As with other employees and applicants, medical condition information is confidential and may only be released to supervisors or medical emergency personnel who would meet the test of having a legitimate need to know. 4.7 EMPLOYEES WITH LIFE-THREATENING ILLNESSES Butte County recognizes that employees with life-threatening illnesses, or those who are perceived to have alife-threatening illness, including but not limited to cancer, heart disease or AIDS*, may wish to continue to engage in as many of their normal activities, including work, as their condition permits. As long as these employees are able to meet acceptable performance standards and medical evidence indicates that the employee is physically and mentally able to perform the essential functions of the job, Butte County will support the affected employee's right to work. At the same time, Butte County also recognizes that it has an obligation to provide a safe environment. Every precaution should be taken to ensure that an employee's condition does not present a health, security, 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 {HN) as defined by the Centers for Disease Control). Personnel Rules Page 26 Rev 200b ** 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 ar 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 jab-related need-to-know. Butte County understands that employees and supervisors may have questions and concerns when dealing with an individual who has a Iife-threatening illness; therefore, resources are available through the County Public Health Department and Employee Assistance Program. b) E ual 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 Iabor 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 Personnel Rules Page 27 Rev 2006 employees and their household members who may be affected by a life- threateningillness. d) Management If the job performance of an employee with a life~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 content and generally accepted medical information and are subject to on-going revision. f j Educational Pro~xam 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 Personnel Rnlea Page 28 Rev 20D5 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 Em to ee Brochure. A pamphlet will be prepared by the AIDS Education Project and included in all new employee packets by Human Resources. Questions shall be forwazded to the AIDS Education Project on Extension 2865. h) Educational Em Io ee Pro 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 perform the job. GrY oup 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 maybe 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 lrnowledge of the disease is necessary to perform their jobs (approximately one and one-half hours). Gr_ oup 4 Tn this group, there is little risk far exposure during work, nar 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. Personnel Rules page 29 Rev 200b Programs will be scheduled for each group consecutively. Group 1 Board of Supervisors Management Council Administration Risk Management Human Resources County Counsel Gr, oup 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 CLASSIFYCAT)<ON OF POSITYONS 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 sa 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 Personnel Rules Page 30 Rev 2006 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 maybe 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 50150 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 may 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 Persozxxxei Rules Page 31 Rev 200b 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 farms, 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 far 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. 5 APPLICATION, pUALIFICATIONS, CERTIFICATION AND APPOINTMENT 6.1 RECRUITMENT The Director -Human Resources shall be responsible far 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 may be recruited. b.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 Personnel itules Page 32 Rev 2006 United States' Armed Forces as defined in Government Code Section 18540 and who qualify as veterans shall be eligible for five (S} 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 (I2} months, from either the Department of Veterans Affairs, or a branch of the Armed Forces indicating that applicant's disability is 30% or mare must be attached to each specific Application for Examination. Far 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 18I consecutive days since January 31, 1995; or • During the Gulf War from August 2, I990 through January 2, I992; or • In a campaign or expedition for which a campaign medal has been authorized, including El Salvador, Grenada, Haiti, Lebanon, Panama, Somalia, Southwest Asia, and Bosnia. • The campaign in Lraq 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 far 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) paints on Training and Experience examinations when prior County experience of {6) six months ar mare is relevant to the position being sought as determined by the Director -Human Resources. 6.3 QUALIF'1CAT1ONS 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 opizuon 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. Personnel Rules Page 33 Rev 2006 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 (S) 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. b.6 SELECTION PROCESS APPEAL Any applicant who has participated in a selection process may appeal to the Pe~sounel Rules Page 34 Rev 2006 Director -Human Resources far 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 Iist 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 Off cer 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. ~.8 ELIGIBLE LISTS a) Establishment of Eligible Lists. establish eligible lists for each whenever it is deemed necessary. The Director -Human Resources shall class of position in the classified service 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 EIi ~ble List. An eligible List shall be in effect from the date on which it is approved by the Director -Human Resources. Personnel Rules Page 35 Rev 2006 e} Duration of Eligible List. All eligible lists shall continue in farce 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} Mer~in~ Eligible Lists. The Director -Human Resources may create an additional eligible list for a class whenever it is deemed necessary. Such a list may be merged with an existing list. Names shall be placed on the merged list in order of their scores on the original lists. Persons whose names appear on merged lists shall retain their eligibility until the date the original list on which they appeared would have expired. h} Order of 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 {S) 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: Personnel Rules Page 36 Rev 2006 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 Eli 'tiles. 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. 6.9 CERTIFICATION OF NAMES a} Reinstatement List to Layoff Department. The Durector -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 (S} 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. Personnel Rules gage 37 REV 2D06 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} Re lar. Appointments shall be made from the eligibility list certified by the Director -Human Resources. When an appointing authority has received from the Director -Human Resources a list of qualified applicants, the appointing authority may interview any or all of the applicants certified and make an appointment to the appropriate vacant position. No appointing authority may appoint more employees to a class of position than authorized by the Board or as provided in these rules. b) Provisional. The Director -Human Resources shall approve a provisional appointment made by an appointing authority only when an eligibility list cannot be certified. Any person appointed provisionally shall meet the minimum standards for the appointed class. A provisional appointment shall not exceed six (6) months in duration or sixty (60) days following the establishment of an eligibility list for the position, whichever is less. In order to qualify and be considered for a regular appointment to the position, a provisional employee must, during the period of hislher provisional appointment, apply for the position. Provisional employees must be within hiring range on the eligibility list to be placed in a regular help appointment status. When appointed provisionally and no list is developed within the six (6} months as described above, the provisional appointment may be extended by no more than an additional ninety (90} days with the prior approval of the Director -Human Resources. In the case of an employee represented by the Butte County Management Employees' Association, who is provisionally assigned to a classification represented by said Association, additional extensions beyond the 90 days may be made on a month to month basis by mutual agreement between the Human Resources Director and the Association for up to three months. Personnel Rules Page 38 Rev 200b An employee appointed provisionally shall not be eligible to compete in a depar(~nental 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 anextra-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 9b0 hours in a calendar year. This limit may only be exceeded far 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 far no longer than thirty {30) days. fj 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 Personnel Rules Gage 39 Rev 2006 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. Employees reemployed within twelve (I2) months, shall be reinstated at the leave accrual rate obtained just prior to the separation in good standing as a Butte County employee; ability to earn at the next higher level of accrual shall be calculated on a cumulative time served basis. Said individual's seniority calculation score from the prior continuous County service shall be added to any seniority calculation scores earned in the rehired status. 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 determmined to be eligible far 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; Personnel Rules page 40 Rev 2006 or the employee affected by the waiver was selected for the term position through the competitive recruitment process, including being hired or selected from a certified eligible List, is in a flexibly staffed term position and was promoted pursuant to the Personnel Rules. 3. The employee affected has either: • Completed one year of service and has received the required performance evaluations as would any regular-help probationary employee, with a meets or exceeds standards testing. or • The employee affected has completed less than one year of service, has received required performance evaluations, as would any regular- help probationary employee, with a meets or exceeds standards rating. This employee will become probationary regular-help employee for the period of time equal to that necessary to complete aone-year probationary period prior to becoming a permanent employee. During the completion of the probationary period, the employee is subject to the same limitation and requirements as all other probationary employees. The affected employee will be brought into regular-help status at the same step of the term position so long as the employee's step was set in accordance with the Personnel Rules. When termination is waived pursuant to this section, health benefits, accrued vacation, administrative leave, sick leave, holiday, and seniority will transfer with the employee to the regular-help position. 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. 7n 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. Personnel Rules Page 41 Rev 2006 7 CONDITIONS OF EMPLOYMENT 7.1 STATUS OF ADMINISTRATNE APPOINTEES Appointed department heads shall serve at the will of the Board subject to the conditions of applicable contracts, regulations, or law. Other employees may also serve at the will of the appointing authority as provided by state 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, new six-month probation must be served in the new classification from the date of transfer. Failure to pass this probationary period will result in separation from employment. Except for allegations of discrimination raised pursuant to rule 4.1 of these rules, employees shall have no right to appeal a rejection during the probationary period. If, at the end of the probationary period, the appointing authority believes the employee is performing satisfactorily, the appointing authority shall, in writing, inform the employee and the Director -Human Resources and the employee shall be granted permanent status 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. Personnr.l Rulea Page 42 Rev 2006 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 tninirnum amount of time that a probationary period maybe extended under this policy is two full and consecutive pay periods with the understanding that an extension of probation is calculated in biweekly increments. The individual's merit date will be extended proportionate to the extension of the probationary period. Either an appointing authority, or designee, or a qualifying employee may request an extension, but in any event the prescribed form must be signed by the employee and appointing authority. Under such approved circumstances, and upon the employee's return to work, the probationary period will be extended by an amount of time equal to the period of time that the employee is absent under this policy. Said employee's merit advancement date shall also be adjusted accordingly. If the employee returns to work at a date that is neither the first day nor the last day of a full pay period, the extended probationary period will be calculated by rounding to the first day of the closest full pay period. Benefits and seniority will not accrue during an absence under this policy except for any time that the employee is on paid leave. If it becomes necessary to extend the approved leave of absence under this policy, an appointing authority or designee at their sole discretion may approve the extension if the employee submits a signed, dated, note from a medical care provider indicating a specific anticipated date of return. Such extensions aze 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 Personnel Rules Page 43 Rev 2DD6 permanent status in a lower class shall be regarded as having permanent status in the former class. ~f 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 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 PER1OD 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. Personnel Rules Page 44 Rev 2006 7.7 POLITICAL ACTNITIES All employees shall comply with the applicable provisions of county, state, and federal law, including the County Charter and the Federal Hatch Act, which specifically controls employees' political activities. 7.8 OUTSIDE EMPLOYMENT No regular employee of the County shall engage in any occupation or outside activity which is incompatible with County employment. Any employee who proposes to engage in an occupation or outside employment for compensation shall irt#'orm 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 personnel file. Regular employees of any County department may be employed as extra-help employees (unless in the same occupational f eld) 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 personnel file. Unscheduled performance evaluations maybe 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 Personnel Rules Page 45 Rev 2006 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 minianum qualifications as determined by the Director -Human Resources. Upon approval of the appointing authority, a voluntary demotion request may be 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 that in which the employee held permanent status, may be considered far 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 far the action including the particular facts and specific incidents} 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 ar available for review upon request during normal business hours; of the right to be represented and to respond verbally or in writing to the appointing authority or designated representative prior to the effective date of the action; and of the right to appeal the action and the time within which the appeal may be made. An appointing authority or designated representative taking disciplinary action Personnel Rules Page 45 Rev 2006 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 an 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 Ieave maybe extended up to twenty (20) days. A copy of all notices and written responses shall be forwarded to the Director -Human Resources. 7.12 MEDICAL DEMOTION, TRANSFER, TERMINATION, OR RETIREMENT The appointing authority may require an employee to submit to a medical examination by a physician or physicians designated by the Director -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' Retiurement System. Personnel Rules gage 47 Rev 2006 7.13 LAYOFF An appointing authority may initiate a Iayoff 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 posltlons, classifications, department involved, and the effective layoff date. The Director -Human Resources shall establish a seniority list and shall consider employee status, length of service, and efficiency in determining which employee or employees are to be laid off and shall, in writing, inform the appointing authority and affected employees. 7.14 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-tune 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 fallowing sequence: a) Employees with the greatest seniority in the department and the class in which Iayoff is being made and in related higher classes. b) Employees with the greatest seniority in the class in which the Iayoff is being made and in related higher classes. c) Employees with the greatest seniority in the department. d) Employees whose names are drawn by Iot by the Director -Human Resources. 7.15 ORDER OF SEPARATION INREDUCTION-IN-FORCE PersonnEl Rules Page 48 Rev 2p06 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 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 scare 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. 7.1.7 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 Iower 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 Iine 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 Daxector -Human Resources in writing of this election no later than five (5) days after receiving the notice of layoff. 7.1$ LAYOFF REINSTATEMENT Personnel Rules Page 49 Rev 20U6 Permanent employees laid off who are reinstated to a regular County position within (18) eighteen months from the effective date of layoff shall be reinstated with seniority rights, including time served towards annual merit increase. Such employees shall be credited with unused sick leave on accrual at the time of layoff up to a maximum of (30} thirty workdays and shall accrue vacation benefits at the rate established by prior seniority. An employee reinstated to the same classification or lower classification in the same class series in which permanent status was held at the time of layoff shall not be required to serve a new probationary period. A former employee reinstated in a classification with an equal or lower pay range than that held by the employee at the time of layoff, pursuant to the provisions of these rules, shall remain on the valid reinstatement list. Should an employee on a layoff list be employed by the County in a classification with a higher pay range than that held at the time of layoff, the employee's name shall automatically be removed from the layoff reinstatement list upon completion of the probationary period. 7.19 LAYOFF -PROBATIONARY EMPLOYEES Probationary employees laid off shall have their names placed back on the eligible list from which they were appointed providing it is still in existence. Should such employees be later appointed from the eligible list, the appointment will be the same as far 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 na sooner than five (5} working days of the regular schedule from the date the appointing authority is notified. In this situation, the Personnel 3tules Page 54 Tiev 2006 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 ar notices far the anticipated vacancy have been released or recruitment has otherwise been undertaken by the Human Resources Department. In the event of unusual circumstances and at the discretion of the appointing authority and the Director -Human Resources, an employee may be allowed to change the effective date or rescind the notice subsequent to onset of recruitment. d. Absent Without Leave An employee who, without approved leave, fails to report to duty for five (5} consecutive days of the regular schedule, shall be deemed to have voluntarily terminated from the position. 7.21 REGULAR ASSIGNMENT LOCATION CHANGE An employee represented by the Butte County Management Employees Association may he 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. S 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 Personnel Rules Page 51 Rev 2006 voluntarily, the County will be equally firm in identifying and disciplining those who continue to be substance abusers and do not seek help. 8.2 recognize abusers and became 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. Supervisors, shop stewards, and employee representatives will be trained to 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 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. 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 conlxol 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 Personnel Rules Page 52 Rev 2006 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 andlor state law. The County has established a voluntary Employee Assistance Program (EAP} to assist those employees who voluntarily seek help for alcohol or drug problems. Employees should contact their supervisors or the 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 hisllier 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. Personnel Rules Page 53 Rev 2D06 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. 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. S.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, specifc, and articulate facts sufficient to lead a reasonably pzudent 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 hislher 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 druglalcohol test and/or medical examination shall document in writing the facts constituting reasonable suspicion that the employee in question is Personnel Rules Page 54 Rev 2006 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. 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 druglalcohol 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 ANDIOR ALCOHOL ANALYSIS a) Pre-employment Physicals. A positive result from a drug andlor 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. Personnel Rules Page 55 Rev 2D06 b} During Employment Physicals or Alcohol/Drug Tests. A positive result from a drug andlor 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. 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 bylaw 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. Personnel Rules Page 56 Rev 2006 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 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: Drug Level* Amphetamines/ Methamphetamine 340 Barbiturates 300 Cocaine 300 Cannabinoids 100 Opiates 300 Phencyclidine 75 *Nanograms per millimeter Alcohol (sensitivity equivalent to .0$% by .02% gmldeciliter 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. Personael Rules Page 57 Rev 2D06 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 employee's option, this information maybe 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 fuIl 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 maybe 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 9.1 SAFETY PROGRAM a) Purpose. The purpose of the Safety Program is to safeguard the lives of county Personnel Rules Page 58 Rev 2006 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 far 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 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) Authori 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 Cade 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 off cer, and/or appointing authority. Personnel. Rules Page 59 RC?v aoa6 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. 9.1.1 VIOLENCE IN THE WORKPLACE I. GOAL It is the goal of Butte County to provide an environment free from threats, intimidation, or actual violence to its employees or the citizens served in the course of employment. II. POLICY STATEMENT As a part of the County's continuing commitment to workplace safety, the Board of Supervisors, department heads, elected officials, volunteers, and all other employees of the County of Butte, are committed to making every effort to ensure that an atmosphere free from actual or threatened violence against any employee(s) or citizens served is established and maintained. Any acts of violence or threatening conduct, whether directed against another employee of the County or an outside party will not be tolerated. This conduct includes but is not limited to: - Striking, punching, slapping or otherwise physically assaulting an other person; - Fighting or challenging another person to a fight, grabbing, pinching or touching another person in an unwanted fashion (whether sexually or otherwise); - Bringing any unauthorized firearm, knife or other weapon intolonto County awned or leased property; - Threatening or harming another person in any way, whether verbal, written or physical; - Any intimidating behavior reasonably perceived as a threat, including, but not limited to, yelling, shouting, swearing in anger, throwing things or slamming doors. Any employee found to have engaged in such unacceptable behavior will be appropriately disciplined pursuant to Personnel Rules Section 2.54, Reasonable Cause, up to and including termination from employment. In appropriate cases, the County will seek criminal prosecution or cooperation with law enforcement authorities. Personnel. Rules Page 60 Rev 2006 No person shall be expected to tolerate violence or the threat of violence on the job. Any person who is the victim of any violent, threatening or harassing conduct, or who observes such conduct, shall report the conduct to his or her immediate supervisor. That supervisor shall initiate investigative procedures immediately and report such his/her department head who in turns shall report it to the Director-Human Resources as the County's Chair of the Butte Risk Assessment Team (BRAT}. Appropriate actions will be taken to prevent any further violent conduct or threat of violent conduct from occurring or being repeated. III. RESPONSIBILITIES UNDER THIS POLICY Board of Supervisors: The Board of Supervisors shall have the ultimate authority and responsibility for the effective implementation of the provisions of the Butte County Workplace Violence Prevention Policy. Appointed Department Heads and Elected Officials shall: - Be responsible for implementing the Policy; - Ensure that alI managers and supervisors implement and maintain this Workplace Violence Prevention Policy; - Assess the risk of the workplace violence and take action to mitigate any identified risk; - Ensure that alI managers/supervisors are fully in#'ormed of the elements of the Workplace Violence Prevention Policy; - Ensure reception, front office, security, and other appropriate employees are immediately made aware of description (picture if possible) of the threatening employee, or citizen; - Ensure that alI reports of workplace violence or threats are immediately investigated and the Human Resources Director/Butte Risk Assessment (BRAT} Team Chairman is provided with a written final investigative report, including the follow-up procedures to be implemented; - Supervise, evaluate and document employee behavior and performance in conformance with safe work practices. ManagerslSupervisors, Mid-level and First Line Employees shall: Personnel Rules Page 61 Rev 2006 - Implement the Workplace Violence Prevention Policy in all work areas under their authority; - Supervise, evaluate and document employee behavior and performance in conformance with safe work practices; - Receive and ensure immediate investigation of any reports of violence or threat of violence; - Report all threats or violent acts to the appointing authority ar designee; - Develop, assist in the development, and implement safe work practices for the control of potential workplace violence; - Train employees in safe work practices and ensure that they aze fully informed of all the elements of the Workplace Violence Prevention Policy; - Ensure employees follow safe work practices; - Ensure employee safety and security to the extent possible; - Notify employees of a potential threat, if deemed appropriate under the circumstances. Employees shall: - Not engage in violent, threatening or intimidating behavior toward any person; - Nat possess or have close at hand any unauthorized weapon during the course of employment with the County; - Immediately report all threats or incidents of violent behavior to their immediate supervisor; - Immediately disengage from any act of violence or threatened violence and contact a supervisor; - Be fully informed of all the elements of the Workplace Violence Prevention Policy and comply with said policy. N. COM1VIUl~TICATION AND REPORTING Incident Investigation A determination will be made by the department head whether to contact the Director -Human Resources to investigate a violent or potentially violent Personnel Rules Page 62 Rev 2DOfi incident. Under circumstances of imminent danger, the supervisor or person-in- chargemay elect to contact the Director -Human Resources whenever a department head or assistant department head is unavailable to make a determination. Whether conducted by the department head, or designee, or the Director-Human Resources, an incident investigation includes not only that of actual physical violence, but may include verbal threats, and/or threatening behavior as well. Threats or incidents shall be reported in person or anonymously to a department supervisor, appointing authority, or Human Resources Director. An investigation shall be initiated immediately upon knowledge of the incident and shall conclude as soon as possible. The reporting employee shall be informed of the procedure to be followed. The investigation shall take precedence. The investigation may also include the Human Resources Director and law enforcement and shall include a review of previous incidents. All individuals necessary to conduct a thorough investigation will be interviewed. All employees shall cooperate with the investigation without fear of retaliation. The County shall utilize departmental meetings and posting to ensure that employees are aware of workplace violence issues. When an appointing authority or supervisor forms the opinion that circumstances create a danger to the safety of staff they shall: a} Enswre reception, security, and other appropriate employees are immediately made aware of the potential threat and provide a complete description (picture if possible) of the threatening individual. b} Make a timely, informative telephone call to the to the Chairman of the BRAT. c) Contact the local law enforcement agency and request increased patrollsecurity checks be made at the facility if appropriate. d) If any other facilities are affected or are the object of the threats, ensure appropriate personnel at the facility are notified. V. COMPLIANCE When a violation of the Workplace Violence Prevention Policy occurs, with concurrence of the Human Resources Director, the suspected employee(s) maybe Personnel Rules Page 63 Rev 20D6 placed on paid administrative leave while an investigation is carried out. This decision will be based upon the following: 1) Type of complaint 2) Threat or actual violence 3) Past behavior of employee 4) Potential for reoccurrence If appropriate, the availability of professional counseling shall be communicated to the victim and accused, and maybe required by the department head. The victim will be protected to the extent possible. This may include a temporary departmental transfer of the victim or paid administrative leave. The department head or elected official, with concurrence of County Counsel may request a temporary restraining order. VI. FIREARMS 1. The County of Butte is committed to the principle that a work environment free of threats of violence, threatening behavior, and acts of violence is essential to providing effective and efficient government services. With the exception of paragraph 2 below, no person shall have in his/her possession, while on any property owned and/or leased by the County, County worksite (including outdoor worksites), or in County vehicles, any firearm or other dangerous weapon, or any explosive or destructive device. This includes individuals that have permits to carry a concealed weapon. a) Firearms and other dangerous weapons (as defined in Section 12001, 12020, 12276, of the California Penal Code}, includes, but is not limited to, pistols, handguns, rifles, shotguns, knives, swords, or martial arts weapons (such as nun chakus and tonfas}. b) Explosive or destructive devices (as defined in Section 12000 of the California Health and Safety Code) includes, but is not limited to, ammunition, fireworks, firecrackers, explosive or incendiary devices or materials. 2. This provision does not include peace officers (as defined by Section 830-832.16 of the California Penal Code) authorized by iaw and their appointing authority to carry weapons or employees who carry knives (and related implements) that are used as tools in the regular course of County business with the awareness and approval of their appointing authority. 3. The Chief Administrative Officer, with the concurrence of the Human Resources Director and affected appointing authority may, in writing, Personnel Rules Page 64 Rev 2x06 authorize employees to carry a weapon for justifiable, documented, and work related purposes. 4. Specific situations arising with regard to the firearms policy stated above may be reviewed on a case by case basis taking into consideration the following: (a) It is the intent of this policy to ensure that all employees and the public conducting business with the County of Butte be free from the threat of violence either by gesture, verbal threat, implied threat, or physical act while in the course of duties or obtaining services from the County; (b) implementation of this policy shall not impede the regular and necessary conduct of County business; and (c} interpretation of this policy shall not impede individual rights so long as the primary intent described above in 4 (a} is followed. 9.1.2 SAFETY FOOTWEAR GENERAL The OSHA standard for Foot Protection Section 3385, Title 8, of the California Code of Regulations requires appropriate foot protection for employee exposed to foot hazards. The OSHA standard for Personal Protective Devices Section 3380, Title 8 of the California Code of Regulations requires employers to ensure that employee-owned personal protective equipment complies with standards and regulations prescribed by the Division of Industrial Safety. The following procedures are based on the requirements established by the Occupational Safety and Health Administration and the American National Standard for Foot Protection, ANSI Z41-199111999 (Reference A). POLICY It is the policy of Butte County to provide its employees with a safe and healthful work environment. The guidelines in this program are designed to reduce employee exposure against occupational foot injuries caused by rough or uneven walking surfaces, slipping hazards, electrical hazards, hot, corrosive, poisonous substances, falling objects, crushing, puncture, or abnormally wet locations. RESPONSIBILITIES 1. Departments It is the responsibility of each Department to determine if employees face exposure to occupational foot injuries. Departments assessed to have foot injury exposure will be considered Participating Departments in the Butte County Safety Footwear Policy Pexsozxnel Rules Page 65 Rev 2006 (Reference B}. Departments are responsible to monitor job activities for foot hazards annually, whenever a new job activity is introduced, or after a related employee injury. Reference B may be revised from time to time based upon fiirther analysis of current classifications, as well as analysis of new classifications, which maybe added in the future. 2. Supervisors Supervisors are responsible for ensuring that all personnel under their control are knowledgeable of the foot protection requirements in the areas in which they work. Supervisors are responsible for ensuring that subordinate personnel comply with all facets of this Safety Footwear Policy including disciplinary action for violation of policy, where appropriate. 3. Employees It is the responsibility of the employees to have an awareness of the foot protection requirements for their work activities (as explained by management). Employees who perform work activities that require them to wear work boots or safety boots are responsible to have footwear that meets all necessary guidelines and is in serviceable condition. For any job activity, footwear that is defective or inappropriate to the extent that its ordinary use creates the possibility of foot injuries shall not be worn. PROGRAM ADMINISTRATION The Butte County Safety Officer is responsible for the administration of the Safety Footwear Policy. Administration of the policy includes assisting Departments in hazard assessment and developing worksite specific procedures as needed, maintaining records, conducting periodic program evaluations, and addressing disputed assessments. ASSESMENT OF FOOT HAZARDS The participating Department Heads or their designee will assess the specific foot hazards to determine which job activities require foot protection. Assessments must be done in writing and maintained for reference. The assessment will also determine if foot protection is best accomplished by wearing external foot guards, special use footwear (such as for chemical exposure), work boots, safety boots, or some combination thereof. CATEGORIES OF FOOT PROECTION 1. External foot guards are typically constructed of aluminum, fiberglass or steel and can be worn over usual work shoes to provide protection against falling or rolling objects. Use of external foot guards may present a tripping hazard in certain environments. Personnel Rules Page 6fi Rev 2006 2. Special use footwear includes boots or overshoeslshoe covers designed far use around chemicals such as in pesticide applications or hazardous materials work. Specific types or materials of special use footwear maybe required by material safety data sheets (MSDS). 3. Work boots aze designed to cope with slipping hazards and uneven walking surfaces. They must be of sturdy construction with a traction sole. 4. Safety boots are required to meet the ANSI Z41-1991/1999 standard for foot protection, in compliance with Cal-OSHA regulations. Additional protection required for specific job activities may include: • Impact and Compression Resistance • Slip Resistant • Metatarsal Footwear • Electrical Hazard • Conductive Footwear • Sole Puncture • Static Dissipative Any employee not wearing safety footwear as identified will not be allowed to perform work activities assessed to be hazardous until such time as they are wearing the specified footwear. Reference A ANSI Z41-1991 Footwear Standard & ANSI Z41-1999 Revised Footwear Standard The ANSI Z41-1991/1999 Footwear Standard was finalized and published, effective April 1991, and was subsequently adopted by the U.S. Department of Labor as an integral part of the PPE Regulations -OSHA 1910.132 and specifically OSHA 1910.136 Footwear Section for General Industry. OSHA 1910.13b establishes the requirements that industry must follow for selecting safety footwear for their employees and specifically defers to the ANSI Z41 Standards which all safety footwear sold in the United States must conform to. Effective December 1999, the ANSI Z41 Committee issued a revision of the ANSI Z41-1991 Standard which is titled, ANSI 241-1999 Revisions. Safety footwear manufactured in accordance with ANSI241- 1991 does and will comply with OSHA Regulations until December 2001. Safety footwear manufactured in compliance with either ANSI 241-1991 or ANSI 241-1999 Revisions are bath equally in compliance with both OSHA and ANSI Regulations for safety footwear. The revisions, which were made to the standard, were of a technical nature relating to testing procedures. Personnel Rules PagE 67 Rev 2006 The Departments of Labor of all 50 states subsequently adopted the new OSHA 1910 Regulations, 29 CFR Part 1910 Personal Protective Equipment for General Industry, which included 1910.136 Safety Footwear with the ANSI Z41 referenced standards. The 1991/1999 Revisions Standard is broken down into six basic categories: 1. Impact and Compression Resistance -This is a test of a shoe's capacity to protect the toe area of the foot against falling objects or heavy rolling objects such as a forklift. The toe area is protected by using protective toe cap construction, commonly referred to as "Steel Toes," although some safety shoes use aNon-Metallic protective cap that is equally effective. All non-metallic toe safety shoes and boots must meet or exceed ANSI Z41 .1991/1999 Revisions Maximum Class 75 Standards for Impact and Compression. The ANSI Class 75 test standard is a measure of foot-pounds the toe cap will resist while still retaining the acceptable clearance shown. The established trtinitnum cleazance for ANSI Class 75 is: Men - 16132 inches (12.7 mm), Women - 15132 inches {11.9 mm), when afifty-pound weight is dropped from eighteen inches onto the protective cap or under a 2,500- pound test load far compression. 2. Metatarsal Footwear -Established standards for the protection of the upper foot (metatarsal bones) and tae areas. Designed to prevent or reduce injuries when the tae and metatarsal areas of the foot aze exposed to "drop" hazards. Iran Age/Knapp offers a full range of metatarsal protection safety shoes, both internal, and external metatarsal guards. 3. Electrical Hazard (EH) Footwear - The sole construction of electrical-hazard footwear is designed to reduce the hazards due to the contact of the sole with electrically energized parts and to provide secondary electrical-hazard protection on substantially electrically insulated surfaces. Safety footwear constructed or manufactured with electrical hazard sales and heels (Non-Conductive Electric Shock Resistant Sales and Heels) are intended to provide a SECONDARY SOURCE OF PROTECTION against accidental contact with live electrical circuits, electrically energized conductors, parts, ar apparatus under dry conditions. 4. Conductive Footwear -Conductive footwear is designed to facilitateldischarge static electricity from your body through your shoes into grounded floors. Floors must be grounded so that a charge can be dissipated. Conductive footwear is designed and manufactured to Personnel Rules Page 68 Rev 2006 minimize static electricity and to reduce the possibility of ignition of volatile chemicals or explosives. 5. Sole Puncture - A set of standards that, when met, reduce the possibility of puncture wounds to the soles of the feet by objects that could penetrate the soles of footwear, e.g., nails, glass or sharp metal. 6. Static Dissipative (SD) Footwear -Footwear designed to reduce the accumulation of excess static electricity by conducting body charge to the ground, while rreaintaining a high enough level of electrical resistance - between 106 and 109 ohms under test procedures, so as to protect the wearer from electrical hazards due to excessively low footwear resistance that may exist where SD footwear is required. Reference B Preliminary List of Participating Departments/Divisions Note: the followin lig st may be revised from time to time based upon further analysis of current classifications, as well as analysis of new classifications, which,may.be added in the future: Agricultural Commissioner's Office Behavioral Health Child Support Services Development Services General Services Fire Public Health AgriculturaUWeights and Measures Inspector Deputy Agricultural Commissioner Information Technology-ASD Administration-Facilities Manager Courier/Stock Clerk Inventory Warehouse Specialist Field Inspection Staff Safety Officer, Emergency Services Officer, General Services Director, Deputy General Services Director Volunteer Fire Fighters Courier/Stock Clerk Animal Control Officers Environmental Health Probation Probation Officers Juvenile Hall Kitchen Staff Public Works Fleet Services Maintenance Construction, Engineering & Survey Solid Waste Management Sheriff s Office Marijuana Eradication & Boat Patrol InvestigationlEvidence Facilities Services Manager, Project Specialist, Superintendent Buildings & Grounds, Administrative Personnel Rules Page 69 Rev 2006 Assistant, Crafts Worker-Supervising, Lead, Supervising Janitor, Lead Janitor, Jazutor, Grounds Worker-Supervising, Lead, Senior 9.2 VOLUNTEERS, BOARDS, AND COMMISSIONS All volunteers, board members, and commission members who are performing non-paid authorized service far Butte County pursuant to county and state law, are covered by the County's Workers' Compensation Insurance Policy while performing such service. 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 lass. 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 Personnel Rnles Page 70 Rev 2006 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 jewehy items. Reimbursement for damaged or lost watches is limited to the functional value of the watch, not to exceed ($70) seventy dollars. The amount of reimbursement for damaged articles of clothing will be determined by the following formula based on the comparable replacement cost, the age, the life expectancy, and the condition of the damaged article: LIFE EXPECTANCY RATES MEN'S WEAR WOMEN'S WEAR ITEM RATE (yrs} ITEM RATE (yrs) 1) Coats & Jackets 4 1) Blouses 3 Leather & Suede 5 2) Coats & Jackets 4 2) Hats 2 Leather & Suede 5 3) Neckties 2 3) Dresses 5 4) Rainwear 4) Rainwear Plastic 2 Plastic 2 Fabric 4 Fabric 4 5) Shoes 3 5) Shoes 2 6) Shirts 3 6) Shirts S 7) Slacks 4 7) Slacks 3 g) Sport Coats ~ ~) Su1tS 5 9) Suits 4 9) Sweaters 4 10} Sweaters 4 10} Underwear 11} Underwear 2 Slips 2 12) Work Clothes 3 Foundation Garments 1 Panties 1 Personnel Rules Page 71 Rev 20U6 CALCULATION OF CLAIMS REIMBURSEMENT VALUES Life Expectancy Rating of Article Age of Article in Months % Replacement Cost Based on Condition 1 2 3 4 5 Excellent Average Poor 0-4 0-4 0-4 0-4 0-4 100% 100% 100% 4-7 4-7 4-10 4-13 4-16 75% 75% 60% 7-9 7-13 10-19 13-25 16-31 70% 60% 45% 9-11 13-19 19-28 25-37 31-46 50% /10% 30% 11-13 19-25 28-37 37-49 46-61 30% 20% 15% 13+ 25+ 37+ 49+ 61+ 20% 15% 10% An employee shall report loss or damage of personal property to the appointing authority using the county accident report farm. Damaged articles for which reimbursement is made may be required to be surrendered to the appointing authority, and shall be disposed of in a manner approved by the Purchasing Agent. The appointing authority shall conduct a complete investigation of the incident and damage to include interviewing claimant and any witnesses, inspecting damaged property when applicable, and evaluating the condition of the article in accordance with the reimbursement schedule. Based on the investigation, the appointing authority shall in writing approve, deny, or modify the claim. Reimbursement cost authorized under the rules shall be submitted by claim to the Auditor by the appointing authority and charged to the department to which the employee was assigned at the time of the loss. No reimbursement is authorized for loss or damage primarily attributable to the claimant's own negligence or to normal wear and tear or for claims filed after 30 days of the loss or damage or the employee's knowledge of such loss or damage. 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 da 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 da 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 Personnel Rules page 72 Rev 2006 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 longer 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: 1. 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. 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 aze expected to remain ready and available for assignment to their original or an other County work site as quickly as possible. IO 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- Personnel Rules Page 73 Rev 2006 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 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) Narne and address of the employee organization. b) Names and titles of its officers. c) Names of employee organization representatives who are authorized to speak an 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. fj 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. Personnel RuJ.ea Page 74 Rev 20D6 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 emplayee 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 ar to a mutually agreed upon disinterested third party. k) A request that the Employee Relations Officer formally acknowledge the petitioner as the Recognized Employee Organization representing the employees in the unit claimed to be appropriate for the purpose of meeting and conferring in good faith. The petition, including the proof of employee support and all accompanying documentation, shall be declared to be true, correct, and complete, under affirmation, by the duly authorized officers} of the employee organization executing it. 1.0.3 COUNTY RESPONSE TO RECOGNITION PETITION 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 emplayee 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 i.n 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 Personnel Roles Page 75 Rev 2006 appropriate of at least thirty (30) percent and otherwise in the same form and manner as set forth in these rules. If such challenging petition seeks establishment of an overlapping unit, the Employee Relations Officer shall call for a hearing on such overlapping petitions for the purpose of ascertaining the more appropriate unit, at which time the petitioning employee organizations shall be heard. Thereafter, the Employee Relations Officer shall determine the appropriate unit or units in accordance with the standards in these rules. The petitioning employee organizations shall have {15) fifteen days from the date of notice of such determination is communicated to them by the Employee Relations Officer to amend their petitions to conform to such determination or to appeal such determination pursuant to these rules. 10.5 ELECTION PROCEDURE The Employee Relations Officer shall arrange for a secret ballot election to be conducted by a party agreed to by the Employee Relations Officer and the concerned employee organization{s), in accordance with its rules and procedures subject to the provisions of these rules. All employee organizations who have duly submitted petitions which have been determined to be in conformance with these rules shall be included on the ballot. The choice of "no organization" shall also be included on the ballot. Employees entitled to vote in such election shall be those persons employed in regular positions within the designated appropriate unit who were employed during the pay period immediately prior to the date which ended at least fifteen (1S) 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 parry 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 Personnel Rules Page 76 Rev 2006 A Decertification Petition alleging that the incumbent Recognized Employee Organization no longer represents a majority of the employees in an established appropriate unit maybe 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 (34) day period commencing one hundred eighty (184) 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 Iatter portion applies to all bargaining units). A Decertification Petition may be fled 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 Recognized Employee Organization sought to be decertif ed 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. The names of individuals wishing to decertify is considered confidential and not subject to release to the public. e) An employee organization may, in satisfaction of the Decertif cation 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 (34) 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 Personnel Rules Page 77 Rev 20k6 may appeal such determination in accordance with these rules. g) If the determination of the Employee Relations Officer is in the affirmative, or if the negative determination is reversed on appeal, the Employee Relations Officer shall give written notice of such 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 UNITS 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 considerations. These policy objectives require that the appropriate unit shall be the broadest feasible grouping of positions that shaze 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 worlraing 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 ta, and delete eliminated classifications or positions from units, in accordance with the provisions of this section. 10.8 PROCEDURE FOR MODIFICATION OF ESTABLISHED APPROPRIATE Personnel Rules Page 78 Rev 2006 iINITS 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 Off cer 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 Off cer's determination may be appealed as provided by these rules. If a unit is modified pursuant to the motion of the Employee Relations Officer hereunder, employee organizations may thereafter 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 3547.1 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 far 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 Personnel Rules Page 79 Rev 2006 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 determining the substance of the dispute, shall be final and binding. 10.10 SUBMISSION OF CURRENT INFORMATION BY RECOGNIZED EMPLOYEE ORGANIZATIONS All changes in the information filed with the county by a Recognized Employee Organization under these rules shall be submitted in writing to the Employee Relations Officer within (30) thirty days of such change. 10.11 PAYROLL DEDUCTIONS ON 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 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 andlor 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 IlyITL4TION OF IMPASSE PROCEDURES If the meet and confer process has reached impasse as defined in these rules, Personnel Rules Page SO Rev 200b either party may initiate the impasse procedures by filing with the other parry 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 the selection of a mediator, or fail to resolve the dispute through mediation within fifteen (1 S} 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, a fact 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 {I) ar 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, Personnel Rules Page 81 Re'v 2006 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 Iimited 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 recnziting and retaining qualified personnel. 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-fmder(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 {XO} 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, ar having so agreed, the impasse is not resolved through such mediation Personnel Rules Page 82 Rev 2006 and/or fact-fording, the Baazd 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 IlVIPASSE PROCEDURES The costs far the services of a mediator and fact-fmder 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. The cost for afact-finding panel member selected by each party, and other separately incurred costs, shall be borne by such P~'S'• 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). 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. 10.1$ 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 Personnel Rules Page 83 Rev 2006 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: El Dorado, Merced, Napa, Placer, Sacramento, Santa Cruz, Shasta, Solaro, 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 Irdex data as published by the Bureau of Labor Statistics for the United States All Items, 196' Base Yeaz. 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 and fringe benefzt plans. f) The ability of the county to finance adjustments in the compensation and fringe benefzt 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 bazgaining 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 Personnel Rules Page $4 Rev 2006 the hourly rate (which is rounded to the hundredth of a cent) by eighty (SO} hours. For the purpose of setting pay periods throughout the year beginning January I, 1972, each biweekly pay period will commence on Saturday at 12:01 a.m. and will end at 12:00 midnight on the second Friday following. Each fourteen (14) day biweekly period will normally encompass ten {10) assigned compensated days including holidays for regular employees. Regular employees performing less than full-time services during any biweekly period shall be compensated on a 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 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 Employ 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 fzrst 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 Personnel Rules Page 85 Rev 2006 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 reg~zlar-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. b) Period of Em Ia ent Re uired 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 Empla.r~ ees. A person hired as a new county employee shall have a merit advancement date which is (1) one year fallowing the appointment date. d) Promotion or Demotion. An employee who is promoted ar demoted shall have a merit advancement date which shall be (1) one year from the date of promotion or demotion. e) Transfer ar 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. 1} 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 Personnel Rules page 86 Rev 2006 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. zf 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-Tune Employees. For the purpose of this section regular part- time employees shall be considered in full-time service and shall be eligible for merit increases at the time prescribed. 11.7 PROMOTION Regular employees promoted to a position in a class with a higher salary range 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°/a} increase in the biweekly rate whichever is greater. 1.1.8 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. Personnel Rules Page: 87 Rev 2006 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 far 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. A promoted employee, who during the probationary period voluntarily demotes to a class with a lower salary range, shall have the assigned pay rate and merit advancement date in the lower classification computed upon the pay rate and merit advancement date the employee held prior to the promotion. 11.11 CHANGE TN 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 S.S 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. Personnel Rules Page 88 Rev 2006 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 Hi er Sal Ran e. If the position is reclassified to a classification with a higher salary range, the employee shall be paid at either the minimum rate of the new range or at the nearest higher rate of the new range, provided that the new rate is at least a one step increase that would have been applicable had the employee's classification not changed. c) Reclassification to Position With Lower Salar.~ge. If the position is reclassified to a classification with a lower salary range, the salary rate of the employee shall not be reduced, but shall be maintained in a "Y" rate condition until the employee's merit advancement date or an adjustment is made to the salary range for the classification at which time the employee's salary rate shall be adjusted to the nearest higher rate in the pay range for the class. d) Change In Classification Title Only. A change in title accompanied by a salary increase but with no substantive change in the classification or its duties and responsibilities is not subject to receiving a minimum 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. 11.14 OVERTIIyIE a) Police. 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 Personnel Rules Page 89 Rev 2°°6 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 12:41 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 rounded to the neaxest hfteen (15) 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 rounded to the nearest fifteen {15) minutes in excess of the normally assigned work hours. For purposes of calculating overtime, alI paid time off, 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 of£ 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. Personnel Rules Page 90 Rev 2006 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 EmnloyeesW Extra help employees are eligible for overtime only for those hours worked over ~0 (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, 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 far 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 B1LINGUAL PAY DIFFERENTIAL When it has been determined that an employee's use of bilingual language skills or specialized communication skills is essential and critical far 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 ResOllrCES 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 Personnel Rules Page 9I Rev 2005 than an annual basis. 11.16 TEMPORARY ASSIGNMENTS TO HIGHER LEVEL CLASSIFICATIONS a) General. Employees may be temporarily assigned by the appointing authority ar 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 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 maybe made with the written authorization of the Director - Human Resources. Assignments to provide required supervisory coverage for institutions such as the Jail, Juvenile Hall ar 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 Personnel Rules Page 92 Rev 2DD6 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) far 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 i2.1 VACATION LEAVE Effective January 1, 2006 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 4.515 General & Supervisory Units S - 9.99 6.154 10 -1999 7.692 20+ 8.308 Employees Association -General Unit 0 - 4.99 3.077 S - 9.99 4.615 10 -1999 6.154 20+ 6.769 Employees Association -Management, 0 -- 4.99 4.615 Confidential & Supervisory Unit 5 - 9.99 6.154 10 - i 9.99 7.692 20+ 8.308 Deputy Sheriffs' Association -General 0 - 4.99 4.615 5 - 9.99 6.154 10+ 7.692 20+ 8.308 Deputy Sheriffs' Association -Supervisory 0 - 4.99 4.615 5 - 9.99 6.154 10+ 7.692 20+ 8.348 Personnel Rules Page 93 Rev 2006 Social Services Workers Unit 0 - 4.99 3.384 5 - 9.99 4.923 10 -19.99 6.461 20+ 7.076 Professional Employees Unit 0 - 4.99 4.615 5 - 9.99 6.1 S4 10 -19.99 7.592 20+ 8.308 Probation Officers Assoc 4 - 4.99 3.077 5 - 9.99 4.61 S 10 -19.99 6.154 20+ 6.769 Appointed department heads 0 - 4.99 4.615 5 - 9.99 6.154 10 -19.99 7.692 20+ 8.308 Effective January 1, 2007, vacation accrual shall be modified as follows: Bargaining Years of Hours Accrued Unit Service Per Pay Period Social Services Workers Unit 0 - 4.99 4.615 5 - 9.99 6.154 10 -19.99 7.692 20+ 8.308 Employees Association -General Unit 0 - 4.99 4.615 5 - 9.99 6.154 10 -19.99 7.692 20+ 8.308 Probation Officers Assoc 0 - 4.99 4.615 5 - 999 6.154 10 -19.99 7.692 20+ 8.3a8 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. Upon termination, an employee with more than (6) six months service may be compensated for all unused vacation accrual. Personnel Rules Page 94 Rev 2006 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 0.4b15 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 f le 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. Upan retirement or termination in good standing an employee who has an accrual more than thirty (30) work days of sick leave may be compensated for that portion aver 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 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 far not more than Personnel Rules Page 9S Rev 2006 six (6) wanking 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 2641 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 1,254 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 far leave in excess of 12 workweeks whether in a paid or unpaid status shall be reviewed an 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 Ieave 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 him or her 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 Ieave 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, consideration maybe given to sufficient documentation, which demonstrates both the employee's need for the extended leave and an inability by the employee to have properly notif ed the employer of the need. Personnel Rules Page 96 Rev 2006 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. Definitions 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. Far the placement of a child in the employee's family for adoption or foster care; a To care for the serious health condition of the employee's child, parent, spouse, or registered domestic partner; d. For the employee's own serious health condition. 2. "Certification" means a written communication from the health care provider verifying that the employee is unable to work due to hisllier serious health condition or that of his/her immediate family member. 3. "Child" means a biological, adapted, 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. 1 S 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. ~. "Employer" means the County of Butte. 5. "Family and Medical Leave Act" (FMLA} means leave maybe taken far any of the fallowing reasons: Personnel Rulas Page 97 Rev 2006 a. To care for the employee's child after birth, or placement for adoption or foster care. (Leave for this reason must be taken within the 12-month period following the child's birth or placement with the employee}; b. To care for an immediate family member who has a serious health condition; c. For a serious health condition of the employee which prevents him or her from being able to perform the essential functions of his or her position. This includes pregnancy, childbirth or a related medical condition, which are considered serious health conditions under FMLA. 6. "Employment in the same or an 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 Family" means spouse; registered domestic partner; 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 Year" means 12 weeks of leave allowed under FMLAICFRA 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. "Serious 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 ixeatment 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 Personnel Rules Page 98 Rev 2006 referral by, a health care provider; ar 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. Required Notice and Medical Certification When the Human Resources Department is notified by the employee's department that an employee has been absent far 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 FMLAICFRA 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 far 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 nat foreseeable, the requesting employee must provide notice as soon as practicable. An employee's request far 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): Personnel Rules Page 99 Rev 2005 a. The date on which the serious health condition commenced. 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 towazds 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 Personnel Rules Page IOU Rev 2006 benefits during any portion of the leave in which the employee remains in a 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 FMLAJCFRA 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 regazd 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 maybe 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 LEAVEIFMLA/CFRAIPDL Paid Famil~ye. 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 maybe filed for time taken to: -- To care for a seriously ill child, spouse, parent, or registered domestic partner; To bond with the employee's new child or the new child of the employee's registered domestic partner; or -- To bond with a child in connection with the adoption or foster care placement of the Personnel Rules Fage 101 Rev 2DD6 child with the employee or the employee's registered domestic partner. 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. Eligibility requirements for Paid Family Leave shall be as set forth in the Unemployment Insurance Code In order to remain in compensated status with the County during either the 7 day waiting period or during PFL, employees must use appropriate accrued leave pursuant to the Personnel rules and relevant M~U provisions. Additionally, qualifying employees may choose to integrate State Disability insurance (SDI} with PFL at the onset of the disability. 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 maybe 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 fiill 12 weeks of allotted FMLA Ieave. During the FMLA the employer's portion of medical, dental and vision premium payments will Personnel Rules Page 102 Rev 20D6 continue to be made. The employee's portion of payments for medical benefits will be paid out of the employee's paycheck if the employee is in paid status. If the employee is in non-paid status, helshe will have to make arrangements to pay hislher portion of the premiums to the Auditor's office. When an employee and hislher spouse, or registered domestic partner, 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 c. California Famil Ri is Act. The California Family Rights Act (CFRA) eligibility provides for bonding after the birth of a baby. CFR.A 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 benef is 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 benef is 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 - Pre~nancv 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 alI 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 Personnel. Rules Page 103 Rev 20U6 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 PoIicy For provisions not addressed herein, the provisions of FMLA, CFRA, PDL shall be controlling. No Reprisal 1n any inquiry or proceeding related to rights guaranteed under this policy, Butte County shall not discharge, fine, suspend, expel, discriminate against, or refuse to hire, any individual because of an individual's sole exercise of the right to family care and medical leave; or for an individual's giving information or testimony as to hislher own family care and medical leave, or another person's family care and medical leave. 12.3 BEREAVEMENT LEAVE Whenever a regular employee believes it necessary to be absent from duty because of the death of a member of the employee's immediate family, the employee may request permission of the appointing authority to be absent for not more than 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- casebasis 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. Personnel Rules Page 104 Rev 2006 c) Industrial Disability Leave With Pay. 1. Each regular employee covered by Safety Member Retirement shall be granted by the appointing authority a paid industrial disability leave as prescribed by California Labor Code 4850 up to one {1}year from the date of injury or illness. Employees shall be required to reimburse the county for any and all industrial disability benefits received during the period of Labor Code Section 4850 paid leave. Employees shall accrue full benefits during the period of Labor Code Section 4850 paid leave, except Social Security. Before granting 4850 leave, or authorizing a return to work, the appointing authority shall consult with the Director -Human Resources. 2. Each regular employee not covered by Labor Code Section 4850, shall be granted an industrial disability leave in accordance with the following rules: {a) Employees shall be required to use any accrued leave benefits in order to receive paid leave. (b) Employees' earnings will be adjusted to the differential between amount paid and any industrial disability benefits received during the period of paid leave. {c} Employees shall have leave benefits reinstated in the equivalent value of the disability benefits. (d) During the period of paid industrial disability leave, employees will continue to accrue full benefits for vacation, sick leave, and holidays. Benefzts for retirement and social security will be accrued on the salary differential representing the adjusted leave benefits. d) Industrial Disability Leave Without Pay. Each regular employee who is injured ar 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 {I I.16}, an employee with permanent status in a lower classification may be temporarily assigned to a position held by an employee who is an industrial Personnel Rules Page 105 Rev' 2005 disability leave, vacation leave, sick leave, limited leave, extended leave, military leave, jury g} duty, or compensatory time off. h) 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 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 ranuary 3) Washington's Birthday Third Monday in February 4) Cesar Chavez Day March 31 5) Memorial Day Last Monday in May G) Independence Day July 4 7) Labor Day First Monday in September S) Veterans Day November 11 9) Thanksgiving Day Designated Thursday in November 10} Post-Thanksgiving Day Friday following Thanksgiving 11} 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 Personnel Rules Page 106 Rev 2006 special vacation entitlements shall be applied as called for in the individually bargained Memoranda of Understanding. c} Cam ensation in Lieu of Time Off. Employees shall not be compensated in pay for personal holidays in lieu of time off. Employees returning from an approved extended leave of absence shall be subject to this rule. 12.6 JURY AND WITNESS 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 serve on a jury or are served with a subpoena which compels their presence as a witness, unless they are a party to the court action or an expert witness, shall be granted a leave of absence with pay. Employees called for such court appearances may retain the court paid mileage for such appearance provided they did not use a County vehicle or claim County mileage for such appearance. 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 rrvithin (1) one hour of the beginning or ending of a work shift or lunch period. The appointing authority array 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 shah be members of the Public Employees' Retirement System. Elected oi~-rcials 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 oft'rcials and regular employees assigned to a (112} one-half time or more position and the employees' dependents, including registered domestic partners, 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 Personnel Rules Page ID7 Rev 2Q0& enrolling after the (30) thirty-day enrollment period will be approved only upon evidence of insurability. Regular employees assigned Iess than {112) one-half time and extra help employees shall not be eligible for participation in the health plan. b) Premium. Employees shall pay their share (as set forth in the MOU with the appropriate bargaining unit) of the total monthly premium for employee and dependent coverage to be paid through a payroll deduction, unless otherwise specified in this section. To be eligible 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 ternnation 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 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 Personnel Rules Page 108 Rev 2006 accrual at the day of retirement. 2) PERS miscellaneous members shall be entitled to (12) twelve months of prepaid health plan coverage immediately following retirement. In addition, miscellaneous members are permitted, as an option to the sick leave buy back plan specified in Section 12.2(a) of these rules, to receive (1} one month of prepaid health plan coverage for each day of sick leave on accrual at the day of retirement. Employees selecting post-retirement health plan continuation shall file notice with the Director -Human Resources thirty (30) days before the effective retirement date in a manner and form prescribed by the Director -Human Resources. d) Continuation of Coverage. Continuation and conversion of the health plan benefits shall be as prescribed by law ar 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 far reasons other than gross misconduct, may continue coverage under the health plan for up to 1 S 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 ~. Travel Participants and Number 5. Mode of Transportation 6. Reimbursement Rates a. Maximum Rate Policy b. Private Auto c. Meals d. Lodging e. Other Personnel Rules Page 149 Rev 2006 7. Advance Payments 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, heads 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 conferencelseminar 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) Caunty 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 casts, 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 far 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, and public transportation and for other expenses as specified, or as may be required by the Auditor-Controller. Personnel Rules Aage 110 Rev 2006 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). j) Insurance. Each person who uses aprivately-owned vehicle on county business shall file an affidavit certifying that there is liability insurance in effect in the sum of not less than ($15,000) fifteen thousand dollars for bodily injury to one person, {$30,000) thirty-thousand dollars for bodily injury to (2) two or more persons and ($5,000) five thousand dollars for property damage. Such affidavits are to be submitted to the appointing authority and shall be fled with the Auditor prior to any travel authorization. k) County owned or leased vehicles shall be used only for the purpose of conducting authorized County business. The use of County vehicles for commuting, conducting personal business, or for other personal purposes is prohibited except as specifically authorized by the Board of Supervisors or as has been authorized by side letter agreement. The prohibition on commuting includes a prohibition against using a County vehicle for any portion of the normal trip to or from work. 1} Employees must remember that the public's perception of vehicle use is important. Employees are encouraged to avoid any appearance of impropriety, to plan ahead, and to use County vehicles for only those trips necessary in conducting County business. Personnel Rules Page 111 Rev 2006 m) Department heads hold primary responsibility for monitoring, oversight, and enforcement of this policy within their organizations and for the proper management, operation, maintenance, and security of all assigned County vehicles. n} County vehicles shall be operated in accordance with all safety and legal requirements and traffic rlnles of the County, municipality, state, and any other jurisdiction in which they are operated. o) Each driver of a County vehicle shall have in his or her possession a valid California driver's license. p) Each person in a County vehicle shall use a seat belt (and shoulder harness if available) while the vehicle is in motion. 3) APPROVALS REQUIRED a) It remains the discretion of the Chief Administrative Officer as to whether or not casts of travel not authorized in advance will be reimbursed and whether or not exceptional costs will be reimbursed. b) Department head appraval 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 ~) 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-off county event, in most instances, should be limited to one or two staff members, and those individuals should be Personnel Rules Page 112 Rev 2006 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 5) MODE OF TRANSPORT a) Transportation shall be by the least expensive and/or most reasonable means available. b) Private auto reimbursement maybe authorized by the department head for County business travel within Butte County and out-o£ county and shall be governed by Personnel Rule 12.10. Personnel Rules Page 113 Rev 2006 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 Caunty 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 casts will not be reimbursed without a receipt and department head approval. 6) REIMBURSEMENT RATES (1} 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. (2) 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 wha 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.) The mileage reimbursement rate represents full reimbursement far 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. Personnel Rules Page 114 Rev 20aG c) Meals -Actual meal expenses, including gratuity not to exceed 15°1° 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 Irl-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 Administrator Qfficer. Any individual eligible for a full day's meal per diem without receipts, excluding the 1st or last day of travel, may be reimbursed at the Federal Conus standard (low} daily meal rate, currently $36.00 (M&EI} Federal High-Low method. Seventy-five percent (75%) of the standard (low) Conus per diem rate may be claimed for travel on the 1~` day andlor the last day of travel. If per diem is claimed on the first andlor last day of travel and one of the following conditions exist, receipts are required, otherwise any amount greater than 75% of the daily per diem is taxable. • Breakfast may be reimbursed only if an employee's travel commences at least two (2) hours prior to an employee's regular work schedule. • Dinner may be reimbursed if travel is of at least two (2) hours in duration past the end of the employee's regular work schedule. (NOTE: The Federal rates for the High Low method allows 75% of the full rate for partial day travel.} Maximum allowable Meal Reimbursement: Per Diem (no receipts required): $36/day (excll~dirlg the 1~ day and last day of travel) First day & last day of travel: .75 X $36 = $27.00 Meal expenses incurred while traveling pursuant to this policy may be reimbursed Personnel Rules Page 115 Rev 2046 for actual expenses, with receipts, up to the following maximums. Maximum allowable Meal Reimbursement: Breakfast $10.00 Lunch $15.00 Dinner $25.00 Total for full day $SO.OOIday 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 far 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 busmess. 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 hotellmotel 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 mare this determination based on such factors as distance and weather conditions before approving these expenses. (b) Personal expenses incurred far lodging (in-roam movies, honor bar, snacks, etc) shall not be reimbursable. Peraox-x~.eJ. Rues Page 116 Rev 2006 (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 cast 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 expense shall be considered by the department head and Chief Administrative Oi~icer before deciding whether to approve. (1) Any costs incurred for alcoholic beverages ar 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 ar 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 nat 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 far estimated "out of pocket" expenses up to seventy five percent (7S%), 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 far 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 pre-authorized by the CAO (due to discontinuation of the County carpool} or 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 far more than 30 days requires that any advanced funds be returned to the Auditor Controller's office within five (5) Personnel Rules Qage 117 Rev 2006 working days of the scheduled departure date. If the advance is not returned within this tame 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 fallow all policies and procedures herein in order to receive reimbursement for mileage, travel and expense claims. Any farm 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 ar reduced accordingly. 9} PROCEDURES a) Authorization to incur expenses must be obtained as set forth in this County policy and as may be 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 cast 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- Personnel Rules Page 118 Rev 2006 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. g} Personal Mileage and Expense Claim forms should be completed for each calendar month, one month per claim farm. 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. 12.11 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 Personnel Roles Page 119 Rev 2006 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 designees, and (2} two employee members nominated by mutual agreement of the recognized employee organizations in the county. It shall be the responsibility of the employee organizations to establish their own procedures to resolve the nomination issue when mutual agreement cannot be reached. The committee may establish rules and procedures consistent with county policy and the Plan Administrator's agreement. The committee shall also review the application of a participating employee to withdraw funds from the plan. The committee, after reviewing the application and considering special circumstances, may approve or deny the request. The Auditor, upon proper authorization signed by the employee, will make payroll deductions and forward such deductions to the Plan Administrator. The Plan Administrator, under separate agreement, will be responsible to provide the individual plan member and the county with periodic reports of their balances and earnings. In addition, the Plan Administrator will provide all necessary accounting, reporting, and disbursement of individual member funds in compliance with the local agreement and state and federal law. PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of California, on the 25th day of July 2x06 by the following votes: AYES: Supervisors Connelly, Dolan, Houx, Yamaguchi and Chair Josiassen NOES: None ABSENT: None NOT VOTING: None osias en, Chair -Butte County upervisors ATTEST: Paul McTntosh Chief Administrative Officer and Clerk of the Board of Su ervisors B Personnel Rnles Page 1.20 Rev 2006 APPENDIX "A" -EPA Flexibly Staffed Classifications Approved for the "Employee Promotional Process" EPA) Personnel Rule 6. IO i -Promotions within Classification Series: Accouirt Clerk; Account Clerk, Senior; Accounting S ecialist Juvenile Hall Counselor I, II Administrative Analyst, Associate; Administrative ~aly~ Landfill Maintenance Worker; Landfill Maintenance Worker, Senior Assessment Clerk; Assessment Clerk, Senior Landfill Scale Attendant; Landfill Scale Attendant, Senior Auditor-Accountant, Associate; Auditor-Accountant Library Assistant; Library Assistant, Senior Associate Clerk ofthe Board; Assistant Clerk of the Board Man elnent Anal st, Associate; Man ement Anal st Behavioral Health Education Specialist, Associate; Behavioral Health Education S eC1a1151 Medical Records Technician; Medical Records Technician, Senior Bridge Maintenance Worker; Bridge Maintenance Worker, Senior Nutrition Specialist; Nutrition Specialist, Senior Buildin Crafts Worker; Building Crafts Worker, Senior Office Assistant; Office S ecialist Building Ins ector; Building Ins ector, Senior Permit Assistant; Permit Technician Child Support Attorne I; II; III Planner, Assistant; Planner, Associate Contracts S ecialist• Contracts S ialist, Senior Probation Officer I III Cook; Cook, Senior Appraisal Specialist, Property Appraiser; Property A raiser, Senior Deputy County Clerk I; Deputy County Clerk-Recorder II; De u Coun Clerk-Re 'stray II Psychiatric Technician; Psychiatric Technician; Senior Deputy County Counsel I; II; III Public Health Assistant; Public Health Assistant, Senior Deputy District Attorney I; II; III Public Health Education Specialist, .Associate; Public Health Education Specialist Deputy Public Guardian/Public Administrator; Deputy public Guardian/Public Administrator, Senior Public Health Nurse, Associate; Public Health Nurse Engineering Aide; Engineering Technician; Assistant; Engineering Technician, Associate Road Maintenance Assistant; Bridge Maintenance Worker; Traffic Control Worker; Tree Trimmer; Road Maintenance Worker Engineer, Assistant; Civil Engineer, Associate Road Maintenance Worker; Road Maintenance, Senior Environmental Health Specialist, Associate; Environmental Health S ecialist Sheriff's Clerk l; Sheriff's Clerk II Equipment Mechanic, Assistant; Heavy Equipment Mechanic; Hearty ui ment Mechanic, Senior StaffNurse, Associate; StaffNurse Grounds Maintenance Worker; Grounds Maintenance Worker, Senior Sulveyor, Assistant; Surveyor, Associate Hurnan Resources Analyst, Associate; Human Resources Analyst Telecommunications Specialist; Telecommunications Specialist, Senior Information Systems Analyst, Associate; Information Systems Analyst Traffic Control Worker; Traffic Colitrol Worker, Senior Information Systems Technician, Associate; Information Systems Technician Tree Trimmer; Tree Trimmer, Senior Investigator I, II (District Attorney's) PeYBnnnel Rules Page 121 Rev 2006