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HomeMy WebLinkAbout73-005 RESOLUTION AMIIJDING RESO~UT~~N N0. 62-5 KNOWN AS THE "PERSONNEZ R~SOLUTION" WHERF~AS~ tY~e Board of Supervisors o#' the County of Butte adopted Resolution No. 62-~ on January 2~ 1962~ for the purpose of setting forth rules for administration of the County Pers~nnel Merit System. WfiEREAS~ the Bnard desires tn amend certain provisions of the said resolution. NOW, THEREFORE= BE IT RESOLVED pursuan~G to §2-28 of the Butte Courlty Code tha~ 3§2.2~ 2.~a~ 2.6a~ 2.12~ 2.15, 2.1.8~ 2.19, 2.22, 2.23, 6.I, 6.2, 6.3~ 6.6~ b.~, 6.8, 5.9, 6.10, 6.11, 6.~2, 6.13, 6.14, 6.~.6, 6.17, 7.3, '~.~, 7.5, 7.7, 8.1, 8.2, 8.3, 8.6, 8.7, 8.8, 8.9, 8.10, 9.1, 9.2, 9.3, 9•5, 9:6, axka 9•8 of Resolution 62-5 shall be and are hereby amended to read as indica~ed on ~he attached exhibi~ "A"~ that s~~s8.2a~ 8.7B and 8.11 of Resolution 6-25 shal). be and are hereby repealed~ that ~~S 2.~a~ 2.5a, 2.22~ 2.23~ 8.21, 8.22~ 8.23s/~ ?10, and 9.~.1 shall be adcted to Resolution 62-5 to read as indicat~d on''the attached exhibit "AE'~ and ~hat said amendments~ repeals, and additions shall be in f~il1 force and eff~ct as of this da~e. PASBEB AI~D ADOPTED by the Butt~ Coun~y Board o~ Superv'iso~s this ]6tYi day of January~ ~9'73~ hy the following vo~e: AYES: ~uPervisors Camerpn~ Zadd~ A~Iad~.Qan and Chairman MeKillop NOES: None ABSENT: G~.lman NOT VflTING: None ~ = REc- ~ UTION N0. 73-5 ~ airman of ~he But Coun~y Board o~ Supervisors ATTEST: . CS,.ARK A. NFLS~Ni County C1erk and ex-officio C1.erk of the Board By C~~f:.~Jf ~ -~~ 2. . ~° _ Page ~ AME~TDMENT BUfiTE COUNTY PERSONNII, AULES E~iIBIT A 2.0 I3EFINITZONS 2.2 APPEAL. A written statement by a person who declares in his statement his belief that he was discharged~ demoted or suspended without reasonable cause or does n.ot agree with a grievance ruling. ~•5~ CI,~SS S~RIES. An oxderly progression o~ closely related c~.assi~ica~ions arranged in a manner of ascending responsibility, skilZs and dut~.es. 2.6a COMPF~NSATED EMPLOYNlII~T. Compensated empZoymen'~ shall be limited ~o the ~ollowing: a) wages for services performed b) vacation credit c) sick leave credit d) hola.days or holiday credi~ e) bereavement leave ~aximtam 3 days f) jury duty wlien fees are waived g) pa~.d mi3.a.ta~y leave. 2.I2 EMPLOYEE TYPE. a) Re~u].ar F~zll-time E~nployees: An emp3.oyee appointed to fill on. a re~u~.ar fu].l-time basis a budgeted posi~ion shown ~.n the salary ordinance. b) Re~ular Part-time E~nnloyee: An employee appointed to fi~.l on a Iess than full=time i~asis a budgeted position shown in the salary ordinance. Page 2 EXIiIBZT A c) Limited Ter~ EmploYee: :As~ emplayee app~inted full time for a liznited period? not to exceed six months~ to perform regular~.y arecurrent duties o~' a posi~ion which is budgeted an.d show~.a, in ~e salary ordiz~.ance. d) Extra He~.b ~np].oyee: An employee appointed intermittently ~o supp~.ement the county wark force because of peak workload activities~ relief or emergency needs. 2.15 PROBATIONARY P~RIOD. ~'he period of t~.me fo1].owing his regu3.ar appointment during which an emgloyee demonstrates satisfac~ory performance in order to justify his r3ght to hold permanent sta~us. 2.18 REASONABLE CAUSE. ~'he conditi.on or conditi,ons existing whzch may justify the disekzarge~ demntion~ ar susperasion of an employee. Reasonable cause may 3.nclude, but not be limited ta t~.e ~ollowing: a) fraudulent employment application b) unsa~isfactory performance e) insubord~.nation d) persistent disrespect to superiors or to the public e) persist~nt failure to get alon.g with other employees P) unauthor~zed abserlce from duty g) inability to do satisfactory work due to ill health h) physical inab3.lity to perform required work 2.3.9 PF~RMANIIJT STAT[TS. The status of an empZoy~e following the successful completion of his proba.tionary period which entitled him to appeal his dascharge~ demotion~ or suspension wh3.ch he bel.ieves was made vrithout reasonable ca.use. 2.22 SUSPIIVSION. The i.nvaluntary placement of an employee 3.n a non-compensated status up to a maximum of 1~ working days as a result of d3sciplinary action by a depaxtment head. 2.23 nYn R1~1'i'~+'. A salary rate whiah may be assigned ta an incumben~ employee whose salary range has been reallocated to a lower range~ shoom in the salary ordinance~ for wh~ch there is na comparabl.e rate in the reallocated range. . . ~ _, Page 3 ~IIBZT A 6.0 COMPIlVSATION 6.1 PR~PAftATION 0~' PLAN. On or before the ~iane specified for the submission of the proposed budget the Persoxuiel Director o~ the person or agency engaged for such pnrpose shall submit to th.e Admiz~~strativ'e Officer a compensation plan covering positions in the classified service. The Personnel. Director shall consider preva3ling rates of pa~ and working condi~ions for comparable work in public and private employment; internal sa7.ary relat3.onships~ cost-of-living #'actors and suggestions of department heads. 6.2 ADOPTIOI3 OF PLAN. 7.'he Adm~.nistrative Officer, or the persons or agency engaged for such pu~~ose~ after meeting and conferring with representatives of recognized employee organiza~~ons, sha~7. submit a proposed compensation plan to the Board. Z`he Board sha31 review the proposed compensation plan~ make any changes the Board be~.ieves necessary and approve the plan by incorporating it in a salary ordinance. 6.3 API'T,TCATION OF RATES. An emplflyee shal~. be paid a salary or wage within the range or rate or equiv'alent hourly xate establzshed for the c].ass of pos~.tion to which he has been appointed as provided 9.n the salary ordinance. 6.6 PAY FOR FORMER II~IPT,OYEES. A person who prev~.ously held permanent status in a class from which he was separated in good standing may wher~. re-employed 3n the same cZass series upon recommendation of th.e head of the department in which he is being re-employed and appro'val of the Personnel D~.rector? be appoin~ed a~ the same salary rate which ha was paid at the effective date of his res~gn~.~i:on: or the nearest lower applicable rate for the c~ass to which he is appointed provS.ded such reemployment pccurs within (~2) twelve montY~.s from ~he date of resignation. 6.7 ATFNIVEFtsARY DA'I'E. Each regular and limited term empl.oy~e whnse positian a.s alloca~ed to a class with a saJ.ary range shall hav~ an anr~.iversary date which will be determined as follows: _ Page ~r EXHIBIT A a) New gn~lovees: The arLniversary date of a new employee shall be the first day of employment. b) Promotion or Demotion.: An empZoyee who is pr!omoted or demoted sha11 have an anniversary date effeetive the date o~ ~he promotion or demotion. c) Transfer: An employee who transfers to a class of posi~ion at the same or a lower pay range sha7.1. have no c~ange iri anniversary da~te. d) Change in Ran.~e A1~oca~ion: Tf ~he sa~ary range for an employeets class is changed~ his anniversary date shall not change. e) Reclassification: An employee whose pos~.tion is reclassified to a classification havin.g the same or a lower sa~.ary ranga sha~.l have no change i.n anniversary da~e. An_emp~oyee reclassified ~o a class af pnsi~ion having a higher sa3.ary range shaJ.J. have a new anniversary c~ate the ef~ective date of the reclassi£ication. f} Step Adiustments: An employee whose salary stsp is adjusted ~o a higher step within the range sha3.l have an anniversary date effective the day of the adjustment. 6.8 MERTT ADVANCEMENT WZTHTN RANGE. Merit advancements sha1Z be made only upon satisfactory performance accorda.ng to the provisions of Section 8.4 0~' these rules. A regular employee appoznted at the first step of the salary ran.ge may be advanced to the next ha.gher step following completion o~' 130 days o~ compensa~ed empJ.oym.ent. E~np~oyees whase salary step is above the first step of the salary range may be advanced tn ~he nex~ higher step in the range following completion of 260 days of compensated etnploy~net~~. Mer~.t advancements shall become effective on the fzrst day of the pay period following completion of the required compensated employment period~ except znerit adv'ancemen~s faJ.li,ng on the first day of the pay period shall be effective upon that day. 6.q 1'FtOMOTTON. Regular and limited ~erm employees promoted to a position in a class with a h3gher salary range may be paid either at the minimum rate of the new range or at th.e nearest hzgher ra~e ~hat he would otherwise be enta.tled to on ~he date his pacomotion is efi~ec~~.ve, whichever ~.s greater~ provided that an employee promoted to a salary range in excess ofi' one range above his former range sha~.l receive r~o less than one range increase in rate. Page 5 EXHIBIT A ~.~.o ~~amza~t. A r~gular or limi~ed term in a class with a lower salary ~hat is ane less than his ra~e rate upon recoramendation of the Personnel Director. employee who is demoted to a position range may be paid either at a rate before he was demoted or at a lesser department head and approval nf the 6.11"~ TRANSFER. A regular o~ limated term emp].oyee who is trans~er~ed sha11 rece3ve the same salary rate he would otherwise be en.titled to on the date the ~ransfer is effective or the nearest lowe:r applicable rate. 6.12 CHANGE IN RANGE ALI,OCATION. The salary step of an e~nployee in a position in a elass which is reallocated to a new salary range sha~l be adjusted to the corresponding step of the new range. 6.13 POSITION RECLASSIFICI~TION. 7.'he sal.ary rate of an employee in a position WY11CI1 is reclassified shall be determined as follows: a) If the positian xs reclassified to a c].ass at the same salary range~ the empl.ayee~s salary s~ep shall not change. b) If the position is rec].assifa.ed to a class with a high~r salary range~ the employee may be paid either at the minimum ra~e of the new range or at the nearest higher rate that he would have been entitled ~o had his classification not changed~ prova.ded that an employee reclassifa.ed to a class wi~h a salary range in excess of one range above his former range shal7. xeceive no ~.ess ~han a one range increase in rate. c) If t~.e posa.tion is reclassified ~o a class with a lower salary range~ the salary ra~~ of the employee shall not change unless it exceeds ~he maximum rate of th.e new range or the normal step rates wi~than ~he new range. In such cases the salary of the employee shall be reduced to the maximum rate of the new raxzge or the nearest lower appZicable rate. 6.1.4 BOARD AUTHO~?ITX TO SPEC~FY SAT,AR~. Notwithstancling anyth~.ng in these rul~s to the contrary~ the Board may specify that th.e incumbent of a particular position shall occupy a step on the salary range ~or that c~.ass or paid a'~Y" rate either higher or lower ~han that provided for elsewhere in these rules. Action based on tha.s section shall be taken only under unusual circumstances where such ac~ion is importan.~ to the Page 6 EXHIBI~ A successful operation of a department of the county government. b.16 OPLCALL PAY'. On-ca1.3. ~ay shall be allowed to eznployees of the Butte Community Hospital who are required to provide services in ~.he opera~in.g room~ labaratory and x-ray. ~nplnyees required by the Hospital Administrator to ~e on ca11 sha~l be paid ($5.00) five dollars for each stand-by shifti or portion thereof'. 6.1~ SHIF'T DIFFERENTTAL. Shi.ft differential pay sha1.1. be all.owed to employees of the Butte Community Hosp~.ta~. assigned by the Hospital Adm3.nistra~or ~o duty on the evening or night shi.ft. The rate of pay per shi~t worked or portion thexeaf shal.l. be ($1.20) one dollar and twenty cents for registered nurses~ ($61.00) ox~e do7.~.ar fo~ ~~.censed vocational and ($0.54) one half dollar ~or a3.1 otkker emp~,oyees so assigned. Page 7 EXHTBTT A . 7.0 APPLIC~TION UALIFICATIONS CERTIF`TCATION AND APPOIN3'MENT 7.3 Quar,I~zca~zoNS. Apg~icants for appointmen t or promo~ion to a class of position in the classified service must be qua].ified for the work they will be required to do. In determini.ng whether or not an applicant is qualified, the Persoz~z~el Director shall app].y any or all of th~ following requirements as may~ >i.n the opinion of the Personne3. Directnr~ be necessary: a) Satisfactory evidence of certification~ registration~ license or educational at~ai.n.ment where s'uch req,uiremen.t i.s sta~ed 7.n a class specz~ic~.tion. b) Satisfactory ev~dence of compZiance with experience requi.rements a~ set forth ~n a class speci~~.cation. c) Sa'~isfactory evidence of an applicant's eharacter~ inte~grity ar~d success zn previous employment. d) ~'he applicant successfully passed a wi~itten, performance, or oral examina~ion, or a comb~.nation of two or more of such examinations ~ des3.gned ~o test h~,s kr~owledge, skil.l.s and personal attributes as related to the class of posi~ion for which he has applied. e) Ti~e appl.~cant has been qualif3ed ~under the Ynter-Agency Merit System regula~ions of the State of California. 7.~- CERTIFICATION. Wh~n a vacancy i..n an authorized position occurs or is abntzt to occur~ the department head shal~. not3.~'y the Personnel Dir~ctor and may request a list of qua3.ified applicants. Before proceeding~ the PersonneZ Dzrector may req,uest the Administrative Officer to make a judgment as to the rseed for ~he position. The Adm~nis~rative Office may make an approp~ia~e recommendat~.on to the Board. If it is determined that the vacancy should be filled, the Personnel ~irector shall take the necessary steps to certify 'to the depar~anent ~iead a list of qua~.ified applicants. The names o~' the applicants shalZ be listed in ~he order of t~eir quali~ication as determined by comp~ti.ti.ve ~esting and/or by a comparison of their educat~onal and. ex~er~.ence his~or~es. '~.~ APPOINTMEN~S. When a department head has received from the Personne~. D~.reetor a list of quaJ.ified applican~si he may interview any or a11 of the qualified a~aplican~s certified to i~im and appoint as many as th.ere are vaeant positians to be fill.ed. If the 1'ersonnel Director is unable to certify a 1.ist, the Person~e~ Direc~or shall approve a Page 8 EXiiIBI~ A provi.sxonal appointmen.t. Any person ~.olcling a provisa.onal appointment sha7.l tueet the mini.mum standards for ~he appo9,n'ted class and may hold the pnsition only until a list of certified applicants is avai~.able, but in no event sha11 he hold such a posi~ipn longer than th.ree months. A provisional employee shall be giUen ample opportunity to qualify. A~n.y persons selected for appoi,ntment must pass a physical e~am,ination adrai.nistered hy a Coun.ty Physician. No departanent head shall appoint h~.s spo~se~ child, parent~ brother, sister~ grandci~il.d~ grandparent~ mother--in-law nr father-3n-law to a posa.ti.on w~,thin his department norshaZ~. he appoin~ or assign withoizt the approval of the Board of Supervisors after a recommendation by the Personnel Director any employee ~o directly or ~.ndirect].y s~pervise a spouse~ child, parent, bro.~her, sister~ grandchi.ld, grandparent, mother-in-law or ~a~her-in-~:aw of said emp].oyee. 'J.7 ,A.~SINISTRATI~E APPOINTMFNTS. All adm~.nistrative appointments to depar'~ment head pos3tions shall ~be made by thE Board of Sv.gervisors in accordance with merit system princ3ples and as prescribed by law. Wlaen a vacancy vcours the Personnel Director shall recruit.ap~lieaz~ts azld advise the Board regarding qualifications of appli.cants in order to assist the Board ~.n making an appo~.ntment. Page 9 EKHIBTT A $.0 STA~S 0~' EMPLOYEES ~ PERFQRI+~ANCEL PROMaTION AND SEPA~tATION 8.1 STATUS ~F APPOIN~ED DEPARTMEDtT HEADS. Appointed dep~,rtment heacls shall serve at the pJ.easuz~e of the Board subject to the conelitions of appJ.icable contracts~ regulations or law. 8.2 STA~'iTS OF NEG~f ENIPLOYEES. A new employee sha1l be on probation during the first six months of hxs employment except tha~ emp3oyees ap~ointed to the classi~icata.on of ~eputy Sheriff shall be on probation dura.ng the first (12) twelve manths of employment. Buring his proba~ionary period the department head shall observe the erriployee~s performanee. Tf a~ the end of the probationary period the departmen~ head believes the employee i5 performing satisfactorily'~ he shall inform the employee and t~.e Personnel Director. 2'he employee shall then have p~ermanent status and may enjoy such privileges regarding appeal t~ discharge~ demotion or suspension which are set forth in the Colanty Code and ~.xz Section 8.9 of these rules. Shoul.d th~ department head fail•to perform the employee's probationary revi~w at the end of the pro'ba~ionary period~ the employee shall automatically be gran.ted permanent status. Ti~.e status of employees regulated by federal gran~ and aid programs sha3~~. be as prov~.ded in this resolution and the rules of the Inter-Agency NEerit System of the State of California. $•3 STATUS OF REGULAR EMPLOYEES Z+JH~ ARE PROMOTED. An empl.oyee who is promoted sha~l serve a probationarp period in the new posi~ion. During this probationa~y period tize employee who has perman.ent status in a lower position sha11 be regarded as having permanent status i.x~ his former position. If at the end o£ the probatianary per~.od the departmen~ head believes the employee is performing i.n a sa~isfactory manner~ he sha11 yn writing inf'orm the employse and the Personnel Director. The emp3oyee shall ~h,en have permanent status i.n the new position. 8.6 DZSCHARGE. DEMOTTON l~.ND SUSPII+ISION. An emp7.oyee who has permanent status may be discharged~ demoted or sv.spended without pay only ~'or reasonable cause. Should the department head fail to perfbrm the employee's probat3.onary review at the end of ~he probationary period, the employee Snaii automatically be granted permanen~ status in the higher position. Page ~0 ~3ZBIT A 8.~ NOTICE OF DTSCHARGE DEMOTION OR SUSPIIVSION. When a department head believes he has cause to clischarge~ demnte or suspend without pay a regular or limited term employee~ he sha11, ga.ve the employee a wri~~en nota.ce. The notice shall c].early specify the action taken, the reason for the action inclucling ~he particular facts axzd specifi.c incident(s) involv~d and the effec-~ive da.te of action. If the emp7.oyee has permanent status the notice sha7.l also advise the emplayee of ha.s right to appeal. A notyce of clischarge or suspension. may become e~fect~ve immediately. Notice of demotion sha11. be given at least (14} ten caJ.endar days prio~ to the eff~ctive date o~' the demotion and shall contain a statement as ~o the wages and du.~ies of the new position. A copy of aIl notices shall be forwarcled ~o the Personnel Director. $.$ APPEALS COMMISSTON. A~ ~he beginning of each fiscal year th.e Board shal.l appoint an Appeal Commi,ssion of th~ee persons to serve for the fiscal year. But~e Coti.n.ty ~npJ.oyees' Assoc~.ation sha~.l nominate one member - the Adminis~ra~ive CQU.n.cil shall nominate a second member -- two members so nominated.shall 9n .turn nominate a third member. The purpose of the Appeals Commi.ssion sha1.3. be to hear any appeaJ. from a discharge~ detnotion~ suspension or grievance. If a member of th.e Appeals Commission is involved in a particular appeal he shall be disquali~'ied from participating ~.n that appeal. In such events the Board shalJ. appo~.nt a temporary metnber of the commission to hear the appeal. The nomi.na~ing process shall be ti~e same as specified in ~his section. 8.9 APPEAL PROCEDTJRE DISCHARGE DE'NiOTTON .AND SUSPII~TSION. a) Appeal. '~ithiz~ (20) twenty calendar days after he has received notice of clischarge~ demotion, or suspension. a permanent employee may fi~e a wz~i~ten appeal to the Personnel Director. ~.'he Personnel Director shal~ irnmediately notify the Appeals Com~nission and schedu].e a hearing for the appea~. to be heard by the commission with5.n (20) twenty calenclar daps. ~'kie Personnel Director shall submit to the Appeals Commission copies of the notice of discharge~ demotion or susp~nsion anc~ the em~loyee~s appeal and noti~'y all parties of the time aza,ct p].ace of the hearing. b) Hearin~. Personnel. Appeal Commission hearings sha~l be private unless the appea~ing employee requests a public hearing. Each par~y sha31 have the right to ca11 and examine witnesses~ introduce exhibits~ cross-examine opposa.ng taitnesses and to rebut evidence against him. Oral evidence sha11 be taken only under oath or affirmation. 'i'he hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevan~ evidence may be admitted if it i.s the sort of evidence responsible persons are accustomed to rely on in the conduct of serious affairs. -- Page 13. EXHTB~T A If' ~the appellan~ d.oes not testify in. his own bek~aJ.f he may be called and examined as if under cross-exami~.ation. c) Findin~s, Reborts and Decision. Following the hearing tY~e commission. sh.a.ll coza.sider the evidence presented~ shall make findings regarding the existence of cause ar3.d shall rencter a ~~rritten decision whether the action was or was n.ot with reasanable cause. Should the Cominission fi.nd the discharge~ demotion~ or suspension was without reasonable cause, the Commission sha11 prepare a wri-tten. recommendatian as to the appropriate action to be taken. Copies o~ the decisian and recommendation shall be sertt to the employee and the department head and ane copy shaZl be sent to the Personn.el Director to be filed in the employee's p~rman.ent personnel record. Should tne departmen~ head within (5) five days after receiving the Commissions~ written recommendation fail to implement the recommenclation, the Personne]~ Director shall refer the matter to the Board of Supervisors. The Boad of 5upervisors shall revzew the Commission~s decision and, recommendation az~d rerader a fz,na7. a,nd binding decision upon a11 parties. 8.10 LAYOFF. If a position is abolished because of adma.nistrative reorganizati~ or ~.ack of appropriation~ a department h.ead may 1ay off an employee. A department head shall consider length of service in determinzng which employee or employees are to be laiti a~'~. ~."he department head shall. na~zfy the employee of the reason.for the l.ayo~f at least (10) ten working days before the effective date o~ ths layoff. If the employee has permansnt status~ the Personn.el Director sha11 make a11 reasonable efforts to certify him as beiz~g quali~'ied for other employmen~ with the County. Page ~2 ~HII~BIT A 8.20 GRTEVANCE PROCEBURE. $.21 DEFINITI~N APiD SCOPE OF A GRTEVANCE. a) A grievance may be filed if a managemen~ interpr~tation or application of a Zaw~ ord~,nance orreso~.u~ion adversely a~fects an emp],oyee~s wages~ hours or conditions of employrnent. b) A grievance may al~o be ~i~.ed if a management interpretation or application of a county or departmenta~. ~u1,e or regulation adversely affects an employee~s wages' hours or conditians of emplo~nent. c) Specifacally excluded from the grievance procedure are subjects involving the amendraent of Federal or State ~.a~r or Boa~d of Supervisors r~solution~ ordinance or min.ute orders and dismissals~ demotions~ suspensions and other matters whi.ch have other means of app~al. $.22 EMFLOYEE R~GHTS. An employee shall have tlze right to present a grievance pursuant to the provisions of these rules. He may regresent himself at all steps of the procedure or be represented by an ixidividual or oxganization of his choASing in ~he formal. steps of the procedures. Ernp~nyees who present a gri.evance shall. not suffer r~prisal or other punitive actinns by connty managemen~ because of the exercise af his right to present or appeal a grieva.nce. An emp].oyee tiaho has a grievance shall be given reasanable time offi wi~h~ut loss of pay to pres~nt his grievance to county management pursuant to ~the provisions of these rules. 8.23 GRI~VANCE PROCEDURE STEP~. Ti~.e grievance procedure shall con~ist of the followin.g steps? e~ch of whieh must be comple~ed pr~.or to any reque5t ~ar further con.sidez~ata.on af the matter: Step ~.. Immediate ~upervisor. I#' an employee feels that he kzas a grievance rela~Gin.g to his work situ~t~:Q~, he m2iy request an informa~. meet3.ng with his immedxate supervisor wi.thin (10) ten cayendar days from ~he occurrence~ or the emplayee's knowZedge of the oecurrence~ which gives rise.to the grievance. The iraraediate supervisor shall meet with the employee withi.n { 5) five calendar day's a~'ter the employeE's request and disc~ss the grievanoe in an e~fort to clarify tY~e issue and to cooperatively work towa~ds settl.ement. The immediate supex~visor shaZ1 verbally present hzs decision to the employee within (5) ~ive calendar days ~'rom the time of the 3.n.formal discussion. ~ Page Z3 ~iIB~T A Step 2. Second-level mana~ement repre_s_entative. (2'his step is optional and may be omit~ed from the procedure in a department or a division thereo~ by the depar~men~ head). If the grievance is not settled under Step 1, i~ may be forma7.ly submitted ~o ~he second-level management represen~tative designa~ed by the dep~rtment h.ead. The gr~.evance shall be submitted ~ithin (~) five calendar days a~~er recezpt of the deci.sion at Step Z and shall be submit~etl in writin.g stating the nature of the grievance and the suggested solutzon. Within (5) five calendar days a~ter receiving the written g~ievan.ce~ the second-1eve1 management representa~iv'e shall meet with the emp3oyee. t~lithin (5) five caler~dar days thereafter~ a written deca.sion shall be delivered to the employe~. S~ep 3. Departmen~ Hea_d. If the grievance is not settled under Step Z or S~ep 2 op~ioni it may be ~nrmally submztted to the depar~men~ head. The grievance shall be submitted w~.thin (5) five calendar days aft~r receipt of the written decision from Step 2 or verbal decision of S~ep l, whichever app]~ies. Witl~in ( j) five cal.endar days af'ter receipt o~ the w~ritten grievance3 the cte~artment head or his representati~e shall meet with the employee. Within (5) five calendar days tkzerea~'~er~ a writt~n clecision shall be del.ivered to the e~nployee. Step ~. Personnel Direc~or. If the grievance is not se~tled under Step 3 and it concerns the interpretation of F'ederal, State or Co~,u~.ty law~ xesolutioni mi.nute order or agreement directly affecting an employeets taages~ hours or conda.tions o#' empl.oymen'~~ it may be submi~~ecl to the Personnel Dxrector witYiin (~) five calendar days from ~the time the department head renders a decision. Wa.thin (~? five ealendar days after receipt of the written grievance~ the PersonneZ Direetoz~ or his representative shall meet witlz the employee. Wi~hzn (5) five calenflar days ~thereafter~ a written decision shall be del3.vered to the employee. Step 5. Persoru~.el Apneals Commission. If the grievance is not set~led under Step 3 or if appropriate Ste~ 4 it may be app~aled to the Perso~e3. Commission. Such appeal sha11 be filed w~.th tha Personne3. D3.rector within (10) ten calendar days from the ~ime a decision was rendered. 'i'he Persor3x~e1 Director shal~. advise the Appeals Commission of th.e gxievance appeal. As soon as practicable thereafter the 1'ersox~e~. Appeals Commission, shall. hear the grievance and make a written dec~.~9.on which shall be given to the parties involved. T1~e decxsion of the commission shall be advisory only. If the parties in.valved cannot reach agreement within { 5) five calendar days fnlJ.owzx~g receipt of the Persoz~.nel Appeals Commission decision~ the Personnel Director shal~. submit ~he Appea~s Commission's decis~on. to the Board of Supervisnrs who shall review the decisio.n and renc~er a f~.nal. and bincling decision upon al~. parties. Grievance hearings by the Personnel Appeals Commission shall be private ~.inless the employee requests a publ3.c hearing. Page l~ ~IIBST A 8.2~+ BASIC RUL~S. a) If an employee does not present h~s grievance, or does no~t appeal the deca.sion rendered regarcLi.ng his grievance within the time limits~ the grievance shall be considered resolved. b) If a county rep~esenta~ive does not render a decision '~o the employee within the tz.me li.mitations~ the employee may~ ~,ri~hin (5) ~'ive ca7.endar days thereafteri appea~. to the next s~ep in the procedure. c) If it is the judgmen.t of any management representative ~ha~ he does not have the authoxxty to resolve the grievance~ he may refer ~he grievance to the next step zn the procedure. d) The Personnel Director may temporarily suspen.d grievance processing on a seetion-wide, unit wide~ division-wide, department-wide, or coiznty-wide basis in an emergency situation. A recognized employee organization which represents emp].pyees in a~nit which has had i~s grievance processYng suspended may appeal this decision ~o the Board of Supervisors. e) By agreement i.n writing, the parties may extend any and a1Z time Zimitations of the grievance procedure. f} A copy o~' aJ.]. fQrma~ grievance decisions sha3.l be forwarded to the Personnel Director who sha11 file the decision wi~h th.e employee~s permanent personnel record. Page ~5 EXFiIBIT A 9.0 ATTENDANCE AND LEAVES 9.1 VACAT _I.ON_,_ Each regizl.ar employee in ~he c~assified service shall be ~n~itled to a vacation.. Regular employees with Iess than (5") five years of continuous service sha11 be entitled to earn up to (10) ten days vacation per year at a rate of 0.0385 days for each day of compensated employment. Regular employees who h,ave completed (j) five years of continuous service shall be entitled to earn up to (15) fifteen days vacation per year at a rate of 0.0577 d~Ys for each day of compensated employment. Regular employees who have campleted (I.5) ~~.f~een years of con.tinuous service shalZ be entitled to earn up to 20 days vacation per year at a s~a~e of 0.4770 days fnr each day of compensated employment. Az1 employee who h.as less thaz~ (6) six months of uninterrupted. service shall not be entitled to a vaca'cion or to vacatioan pay upon separation from the classified service. Fiegular part time employees assigned ~o less than full day service shal.l earn vacation. on a prorated basis. Limited terzn and ext~a help employees shall not earn vacation. Earned vacation sha13. be creditEd dail.y. An employee wzth less ~han (5).five years service sha~l on December 31st each year have on accrual n.o more than (20) twenty vacation days. Employees with more ~than (~):five years con~inuous service sha~.l on December 31st each year Y~ave on accrual no more than (30) thirty vacation days. Upon term~.natian. an employee with more than (6) six mon~hs service may he compensated for all unused vacation. accrual. Vacat3ons sh.all be taken at t~e cliscretzan of the departmen~ head. A degartmental vaca~ion schedule skZall be arxanged wa.th time preference given to employees on the basis of seniority. An employee who is ~:u~.able to.take his scheduled vacatio~ due to unusual and extenuating departmental needs may upon writ~en recoramendation of the department head and approval of the Board b.e permitted to exceed tne annual v~.cation:accrual limits specified herein ~o~ a period not to exceed (3) three months during w3~ieh time he sha17. be requ~.red to take tY~ excess accr.ual vacation days. An emp~oyee ~rho voJ~untar~.ly chaases not to take Y~3.s sch~dule d vacation shall ~'orfeit the days in excess of ~he accrual.:-3.imits. 9:2 SICK LEAVE. R.egul.ar and 1.3mi~ed term employees shall earn si.ek leave at a rate of O.O~+b2 days for each day of compensated employment. Unused sick leave earned during a continuous period of emp~.oyment may be acc~mul.ated to a maxim~un of (120) one hun.dred twenty t,*orking days. Regular paxt-tzme employees and ].imited ter~z employees sha11 earn sickc leave on a prorated basis. ~tra help employees shall not earn siek leave. - Page 16 ~XHZBIT A Sick leave shal.l not be considered a privilege wh~ch an employee may use at his discretian. It shall be allowed only i.n case of nec~ssity for actual sick~j.ess or di.sabi,lity. Tn order to receive compensation while absen.t oza sick leave, the employee sha1l noti~y his departmen~ head prior ~o or witk~in. (~) four hours after the ~ime set for ~he begi~nix~g o~ his woxk shift. '1'he employee shall upon request file a physician's certificate w'ith the department head stating the cause of his absence az~.d his physical abxlity to return ~Eow+~rk. S~.ck leave time shall be charged in accordance with the a~oun-~ of sa3.ary paid ou~ of the employee' s accxual.. Upon retiremen~ or termination in good standing an employee who has on accrual. mo~e than (30) thirty days of sick leave may be compensated ~or ~ha~ portion over (30) thirty days at (2) on.e half his normal rate of pay up to a maximUm of (~1000) one thousand dollars. 9•3 ~~~G~ ~~E TO DEATH OR CRITICAL TLLNESS I~t FAMILY. TrJhenever regular or J.im~.ted term employees in a c3.assified service believes it necessary that he be absen~ from duty because of the death of a member of his immediate family (father~ mother, bro~her~ sister, wife~ husban.d~ child~ mot~.er-in-~aw or father-in-law) he may request permission from kzis department head to be absent for not more than (3) three working clays with pay far each occasion. Any ti.me shall not be charged ~o sick J.eave or vacation but shall be documented and recorded as bereavement leave. WYienever a regular or limited term employee in the classr~ied service believes i~ necessary that he be absent ~rom duty because of tk~e cxitica3. illness of a member of his immediate fa~ti].y~ as defined in thi.s section~ he may request permissYOn #'rom his department head to be absent for no~ more than (3) three work5ng days with pay. Any time o~'~ shall be charged against sick leave. g.5 ~,~~~ o~ t~s~tc~. An employee may be gran.ted a leave of absenee on].y for good and sufficient reasan. A departmen~ head may grant an emp~oyee a nan-compensated leave of absence up to (2~) twen~y-seven consecutive calendar days. The Boa~d may grant a r~gular employee a leave of absence in excess of (27) twenty-seven consecutive days. Ths ~otal period of a 7.eave of absenee shall. not exceed (1) one year un3ess o~ner~rise prnvided by law. ~Tpon returning fram an approved leave of absence an employee may be paid at the same sal.ary step that was in e~~'ect wh.en his leaue of absence began. An employee w~th permanent status in a Iower classification within a department in which a leave of absence has been a'uthorized by the Baard of Supervisars, if fownd 4uaZified by ~he Personnel Direc~or~ may upon recommendation of the depar~m'e.nt head a~nd approval Page 17 EXH~B IT A by the Board of Supervisors be temporarily assigned to the posit~on he1.d by the employee granted t~.e leave. A tempo~ary assignmen~ is for pay purposes only and shall. comply 'uri.th Secti.on 6.8 and 6.9 of these rules. ~nployees so assigned shall not establish a permanen~ pay rate`or status in the higher classi~icata.on. He shall continue to ma9.nta~ his status and receive the benefits af the 7,ower classi.f~.cation. durzng ~he temporary assignmen.t. ~ . 6 HOURS OF [~OAK. A3.1 o£fices of the county~ excep-~ those for which special regulations are required~ sha11 be kept open for business on a1.1 days of the year except Saturdays= Sundays and holiclays con~inuousJ.y from $:30 a.m. un~il 5~00 p.m. ~~loyees ~'or whom necessi~y requires a different schedule than tha~ general.ly app~ied shall work accorcl5.ng to regulations prepared by the respective departmen.t head and approved by the Board. 9.8 HOLTDAYS. Each regular or limitecl term empl.oyee in a compensa~ed employmen~ status on his assigned work day immediately preceding and lnis ass~.gned work day immediately following a holiday sha11. be enti.tled to compensation for the hol.iday. The following ho3.iddys shall be observed: a) New Ysar's Day b) Lincoln's Birthday c) Washington~s B~.rthday d) Good Friday e) Memorial Day f) Independence Day g} Labor ~ay h) Adm~ssion Day i) Columbus Day j) VeteransT Day k) 7.'hanksgiving Day ~. ) Chri stmas Day m) Every day on which an n) Every day appoin~ed by fast~ thariksgiving, or January 1 Februaxy' 1.2 3rd Monday in February 12:00 Noo.ta. to 3:00 p.m. last Mvnday ~n May July ~- lst Monday' ~.xx September Sept~mber 9 ?~d Monday in October ~+th Monday in October designa~ed ~.'hursday i.z~ November December 25 eleetion is held ~hroughout th.e state. the President or Governor for a pui~lic h.oJ.iday. ti~Ih.en a holiday falls on Sunday ~he foJ.J.owing I~onday shall be observed. A regular ox limited term employee required to work on a holiday or whose regularl.y scheduled day off fa1~.s on a holiday shall, at the.discretion of his departraent head, be entitled to either equivalent compensated ~ime off scheduZed the day preceding the holiday or withi.n t60) sixty days fol~.otiaing ~the hol.iday or equivalent compensatzon to be paid with.in (60) sixty c~ays fol.lowing the holiday. ,_ Page 18 ~3IB3T A Regular ~mployees exemp~ from paid over~ime sha~,l be enta.tled to holiday compensation. Extra help employees sha~.l not be en~it].ed ~o paid holidays or compensated time off for holidays ~rorked. 9•10 RETIREMEPIT. Regular and 1i~ed ~erm erapl.oyees holdi.ng county emp~oymen~ shall be members of the Public ~nployees' Retirement System as provided by law and -~he terms of the contract in eff'ect be~ween the county and the Public ~npl.oye~s' Retirenent System. The Board may amend the contract as provided by 3.aw. The Personnel Director sha~.l adv~.se the Board regardzng pol~cy matters concerning the contract or amendments to it. g.11 xEAi,'I'H INSURAPTCE. All county officers and regul.ar employees assigned to a(Z) one half t~.me or more position.ant~ his dependents shall be entit~ed to participa~e in the county sponsored group hea].th insurance program. El~.gible employees Enroll.ing ix3. '~~.e program wS.tl~in (30) thirty d~,ys following ~heir appo~.n~ment will be insured subject to the contract limitation with the 3.nsurance carrier. F~plnyees enrolling after the (30) thirty clay enrollment period will be approved only upnn ~vide~.ce of a.nsura~ility. Regul.ar empZoyees assigned Iess than (2) ons ~.al~ time, Iimited term a.nd extra help employees shall not be eligible for parta.cipation in the health insurance program. The total mon~hly premium for employee and dependent eoverage shall be paid C90f) ninety percent by the coun~y and (10~) ten percent payroll dedu.c~iorz by the emp~.oyee unless otherwise speci~'ied in this sec~ion.. To be ~ligible for premi~m sharing an employee mus-~ Y~ave (io3 ten days of compensated employment durzng the mon~t~i ~or which the premium covers. F~riployees with Iess than the required compensated days of employmen~ for ~he mon~h may continue coverage by advancing ~o ~he Auditor the total premium amoun~ for the month. An irisured ~mployee gran~ed a Boar d approved non-compensated 1.eave o~' absence in excess of (27) twenty-seven.~ bv.t lESS than (Z) one year may continue health insurance cover~ge for h3.mself and his dependen~ by advancing ~o th,e Auditor each month the tota~ month~.y premi~m cost.