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°~~~ ~~`~'~~ ~~~= BOARD OF SUPERVISt7RS
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`* - *' CO~_~NTY OF E1L~TTE, STATE OF GALlFORNLA
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+~ C ftesolufion NO. g4-13
RESOLUTION AMENDING SECTIONS 3.10, 6.7, 6.8, 6.9,
7.2, 7.3, 7.4, 7.10, 7.15, 7.18, 10.3, 12.16, 12.18 APJD 14.00
OF THE BUTTE COUNTY PERSOPJNEL RULES
WHEREAS, the Board of Supervisors finds it to be in the interest
of the County to amend the Personnel Rules.
NOhI, THEREFORE, BE IT RESOLVED, the Board of Supervisors of the
County of Butte hereby amends Section 3.10 of the Personnel Rules of
the County of Butte to read as follows:
3.10 EXTENDING COVERAGE TO OTHER AGENCIES
As determined by the Personnel Director, 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 a non-competitive
qualifying examination.
NO41, THEREFORE, BE IT FURTHER RESOLVED, the Board of Supervisors
of the County of Butte hereby amends Section 6.8 of the Personnel Rules
of the County of Butte to read as follows:
6.8 ELIGIBLE LISTS
a. Establishment of Eligible Lists. The Personnel Director
shall establish eligible lists for each class of position in the
classified service whenever it is deemed necessary.
b. Composition of Eligible List. An eligible list consists of
the names and scores of applicants who qualified for the class of
position in the selection process. The final scores of the applicants
shall be reported by rounding fractions to the nearest whole number.
The names and scores shall be arranged in order of final score
starting with the highest. In case of identical final scores, the
names of the persons shall be placed in alphabetical order.
c. Certification from Comparable Eligible List. Where no eligible
list is in existence for a classification, the Personnel Director
may certify the names and scores from an eligible list or lists
for a related class. Waiver of certification from such comparable
lists will not affect the eligibles' standing on the original list.
d. Effective Date of Eligible List. An eligible list shall be
in effect from the date on which it is approved by the Personnel
Director.
e. Duration of Eligible List. All eligible lists shall continue.
in force for a period of (1) one year from the effective date unless
extended or shortened by the Personnel Director.
f. Exhaustion of Eligible List. If there are (3) three or less
eligibles available, the Personnel Director may consider that list
to be exhausted.
g. Merging Eligible Lists. The Personnel Director 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 in order of their scores on the original
lists starting with the highest score. 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 Personnel Director 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 Personnel Director 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 (18)
eighteen months. Names on the reinstatement list shall be
removed for any of the reasons set forth in these rules.
j. Contacting Eligibles. Eligibles may be contacted to ascertain
interest in County employment. Such eligibles shall be given
(5) five 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
eligible list when the eligible indicates no interest in County
employment on (3) three written inquiries. Employees whose names
appear on promotional eligible lists or re-employment 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:
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 stated that they no longer desire
consideration for a position with the County.
4. For failure to respond ~•~ithin stipulated time after
notice of certification, without suitable explanation.
m. Inactive Eligibles. An eligible's name may be restored to the
active eligible list for the duration of the original list upon
written request by the eligible to the Personnel Director.
NOW, THEREFORE, BE IT FURTHER RESOLVED, the Board of Supervisors
of the County of Butte hereby amends Section 6.9 of the Personnel Rules
of the County of Butte to read as follows:
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6.9 CERTIFICATION OF NAMES
a. Reinstatement List to Layoff Department. The Personnel
Director 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 Personnel Director 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 Personnel Director
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 c7 ass 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 Personnel Director
shall certify from the appropriate promotional or open eligible
list for the class of position to the appointing authority names
of the highest ranking (5) five eligibles who have indicated a
willingness and availability to accept the conditions of employment.
The number of names to be certified to the appointing authority shall
be on the basis of the number of appointments to be made plus (4)
four except that when the scare for the last certifiable name on an
eligible list is the same as (1) one or more scores following it,
all names having that same score shall be certified in alphabetical
order.
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 eligib7e's
name appears for a class, the salary of which is either lower 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 Personnel Director may determine which applicants
on the eligible list meet these special requirements. The Personnel
Director shall certify the names of the highest ranking (5) five
eligibles who meet the. special requirements.
NOW, THEREFORE, BE IT FURTHER RESOLVED, the Board of Supervisors
b
of the County of Butte hereby amends Section 7.2 of the Personnel Rules
of the County of Butte to read as follows:
7.2 PROBATIONARY PERIOD OF NEW EMPLOYEES
All new regular employees shai7 serve a (6) six month probationary
period except that employees appointed to the classifications of
Deputy Sheriff, Correctional Officer and Bailiff shall serve a
(l2) twelve month probationary period. During the probationary
period the appointing authority sha17 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 Personnel Director. The employee
shall then be terminated. Except for allegations of discrimination
raised pursuant to Section 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 Personnel Director and the employee shall
be granted permanent status and may enjoy such privileges which are
set forth in these rules. Should the appointing authority fail to
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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.
NOW, THEREFORE, BE IT FURTHER RESOLVED, the Board of Supervisors
of the County of Butte hereby emends Section 7.3 of the Personnel Rules
of the County of Butte to read as follows:
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, Correctional Officer and Bailiff,
who shall serve a (12) twelve month probationary period. During
the probationary period an employee who has permanent status in a
lower class shall be regarded as having permanent status in the
former class. If the employee is rejected during the probationary
period in the higher class of position, the employee shall have
the right, in lieu of termination, to voluntarily demote back
to the former class of position in which permanent status was
held. Except for termination for allegations of discrimination
raised pursuant to Section 4.1 of these rules, probationary
employees shall have no right to appeal a rejection in probation.
If, at the end of the probationary period, the appointing authority
believes the employee is performing in a satisfactory manner, the
appointing authority shall, in writing, inform the employee and
the Personnel Director. 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.
NOW, THEREFORE, BE IT FURTHER PESOLVED, the Board of Supervisors
of the County of Butte hereby amends Section 7.4 of the Personnel Rules
of the County of Butte to read as follows:
7.4 PROBATIONARY PERIOD OF DEMOTED EMPLOYEES
An employee who is demoted for disciplinary purposes shall serve
a probationary period in the new class unless the employee
previously held permanent status in that class or a higher class
in the same class series.
An employee who voluntarily demotes to a classification with a
lower salary range shall not be required to serve a new probationary
period provided the employee held permanent status in an equivalent
or higher class level. Employees who have not held permanent
status and who voluntarily demote while on probation must complete
the probationary period in the lower classification.
NOW, THEREFORE, BE IT FURTHER RESOLVED, the Board of Supervisors
of the County of Butte hereby amends Section 7.10 of the Personnel Rules
of the County of Butte to read as follows:
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7.70 PROMOTION AND VOLUNTARY DEP90TION
The Personnel Director 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 Personnel Director. Satisfactory performance for the County
shall be an important consideration in reviewing qualifications of
an applicant certified on an eligibility list for promotion.
A regular employee may request a voluntary demotion to any vacant
position within the County merit system for which the employee
meets the minimum qualifications as determined by the Personnel
Director. 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 re-employed in a
class lower than that in which the employee held permanent status
prior to separation in good standing, or an employee who has
been reclassified or voluntarily demoted to a class lower than
that in which the employee held permanent status, may be considered
for promotion to a class in which permanent status was held ar a
lower class for which the employee qualifies. Such employee 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 Personnel Director shall establish forms and procedures for
the purpose of carrying out the provisions of this section.
NOW, THEREFORE, BE IT FURTHER RESOLVED, the Board of Supervisors
of the County of Butte hereby amends Section 7.15(a) of the Personnel
Rules of the County of Butte to read as follows:
7.15 ORDER OF SEPARATION IN REDUCTION-IN-FORCE
a. Employees in the same class within a department of layoff
shall be separated during a reduction-in-force in the following
appointment type sequence:
1. Extra Help and Emergency
2. Provisional and Probationary
3. Permanent
NOW, THEREFORE, BE IT FURTHER RESOLVED, the Board of Supervisors
of the County of Butte hereby amends Section 7.18 of the Personnel Rules
of the County of Butte to read as follows:
7.18 LAYOFF REINSTATEMENT
Permanent employees laid off who are reinstated to a regular
County position within (18) eighteen months from the effective
date of layoff, shall be reinstated with seniority rights
including time served towards annual merit increase. Such
employees shall be credited with unused sick leave on accrual
at the time of layoff up to a maximum of (30) thirty work
days 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
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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 emp1oyee's
name shall automatically be removed from the layoff reinstatement
list upon completion of the probationary period.
NOW, THEREFORE, BE IT FURTHER RESOLVED, the Board of Supervisors
of the County of Butte hereby amends Section 10.3 of the Personnel Rules
of the County of Butte by deleting the section in its entirety.
NOW, THEREFORE, BE IT FURTHER RESOLVED, the Board of Supervisors
of the County of Butte hereby amends Section 12.16 of the Personnel Rules
of the County of Butte by deleting the section in its entirety.
NOW, THEREFORE, BE IT FURTHER RESOLVED, the Board of Supervisors
of the County of Butte hereby amends Section 12.18 of the Personnel Rules
of the County of Butte by deleting the section in its entirety.
NOW, THEREFORE, BE IT FURTHER RESOLVED, the Board of Supervisors
of the County of Butte hereby amends Chapter 14.00 of the Personnel Rules
of the County of Butte by deleting the chapter in its entirety.
PASSED AND ADDPTED by the Butte County Board of Supervisors this
24th day of 3anuar 1984 by the following vote to be
effective immediately upon passage:
AYES: Supervisors T]olan, Fulton, Moseley, Wheeler and Chairman Saraceni
NOES: None
ABSENT: None
NOT VOTING: None
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AL SARACENI> Chair of the
Butte County Board of Supervisors
ATTEST:
MARTIN J. NICHOLS, Clerk of the
Board of Supervisors
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