HomeMy WebLinkAbout20-150WHEREAS, by ordinance adopted on June 1.5, 1976, the Board of Supervisors reenacted, Article VI of Chapter 2
(Section 2-27 to 2-37) of the Butte County Code to provide for the establishment of a Merit System and Duman Resources
Program to regulate the appointment„ advancement, and removal of persons in the employ of the County; and
WHEREAS, Section 2-28 of Article VI of Chapter 2 of the Butte County Code, as reenacted, provides that the Board
of Supervisors shall by resolution adopt rules providing for the administration of the Merit System and Human Resources
Program.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Butte that this resolution will
supersede and replace Resolution Number 1.9-310 which established the County of Butte Merit System and Personnel
Rules.
BE IT FURTHER RESOLVED by the Board of Supervisors of the County of Butte that the rules for the administration
of the Merit System and Human Resources Program under Article VI, Chapter 2 of the Butte County Code are as contained
in "Exhibit A County of Butte Merit System and Personnel Rules", attached.
F
PASSED ANDADOPTED by the Butte County Board of Supervisors this 10k"day of November, 2020, by the following
AYES: Supervisors Connelly, Lucero, Ritter, Teeter, and Chair Lambert
NOES: None
ABSENT: None
ABSTAIN: None
Andy Pickett, Chief Administrative Officer
and Clerk of e Board of Supervisors
✓''"
By. �-
Deputy -
Steve Lamberlffhair
Butte County Board of Supervisors
COUNTY OF BUTTE
MERIT SYSTEM
AND
PERSONNEL RULES
2020
Prepared by:
Butte County Human Resources Department
3 County Center Drive
Oroville, CA 95965-3387
(530) 552.3552
Personnel Rules Revision — November 2020
EXHIBIT A
Table of Contents
1-2.53 RESERVED......................................................................................................................1
DEFINITIONS.................................................................................................................1
2.54 REASONABLE CAUSE......................................................................................................7
3 ADMINISTRATION.........................................................................................................7
3_1 HUMAN RESOURCES DIRECTOR....................................................................................7
3.2 AMENDMENT OF RULES..................................................................................................7
3_3 SERVICES.......................................................................................................................7
3_4 PERSONNEL RECORDS...................................................................................................8
3.5 PAYROLL RECORDS........................................................................................................ 8
3.6 PERSONNEL FORMS.......................................................................................................8
3_7 VOLUNTEER RECORDS...................................................................................................8
3_8 DESTRUCTION OF RECORDS..........................................................................................8
3.9 RECORDS ACCESS..........................................................................................................8
3.10 EXTENDING COVERAGE TO OTHER AGENCIES..............................................................8
3.11 EMPLOYEE ELIGIBILITY.................................................................................................8
3.12 EXEMPT POSITIONS.......................................................................................................9
4 EQUAL EMPLOYMENT OPPORTUNITY PROGRAM...........................................................9
PURPOSE.................................................................................................................................................................... 9
OBJECTIVE............................................................................................................................................................... 9
PLAN........................................................................................................................................................................... 9
PersonnelInventory.............................................................................................................................. 9
Classification....................................................................................................................................... 10
SelectionProcess................................................................................................................................. 10
Recruitment Procedure........................................................................................................................ 10
Discrimination Complaints................................................................................................................. 10
RESPONSIBILITIES ............................................................................................................................................... 11
The Director—Human Resources....................................................................................................... 11
AppointingAuthorities........................................................................................................................ 11
4.5 SEXUAL HARASSMENT PREVENTION POLICY..............................................................11
4.6 EMPLOYMENT OF PERSONS WITH DISABILITIES.......................................................11
4.7 EMPLOYEES WITH SERIOUS HEALTH CONDITIONS OR DISABILITIES ......................13
Confidenti ali tv..................................................................................................................................... 13
EqualTreatment.................................................................................................................................. 13
Benefits................................................................................................................................................ 14
Management........................................................................................................................................ 14
MedicalAuthority................................................................................................................................ 14
5 CLASSIFICATION OF POSITIONS.................................................................................15
CLASSIFICATION PLAN...................................................................................................................................... 15
AMENDING THE CLASSIFICATION PLAN...................................................................................................... 15
ALLOCATION OF POSITIONS............................................................................................................................ 15
SPLITPOSITIONS.................................................................................................................................................. 15
POSITION RECLASSIFICATION........................................................................................................................ 15
6 APPLICATION, QUALIFICATIONS, CERTIFICATION AND APPOINTMENT ................... 16
Personnel Rules Revision — November 2020
RECRUITMENT...................................................................................................................................................... 16
APPLICATION FOR EXAMINATION................................................................................................................. 16
Veterans' Preference Points................................................................................................................ 16
RelevantExperience............................................................................................................................ 17
QUALIFICATIONS....................................................................................................................17
PROMOTIONAL AND OPEN EXAMINATION PROCESS.............................................................18
TRANSFER PREFERENCE..........................................................................................................18
PROMOTIONAL INTERVIEWS..................................................................................................18
PROMOTIONAL STEP INCREASES............................................................................................18
EXAMINATION REVIEW...........................................................................................................19
SELECTION PROCESS APPEAL.................................................................................................19
CERTIFICATION.......................................................................................................................19
ELIGIBLELISTS......................................................................................................................19
ESTABLISHMENT OF ELIGIBLE LISTS........................................................................................................................
19
COMPOSITION OF ELIGIBLE LIST..............................................................................................................................
19
CERTIFICATION FROM COMPARABLE ELIGIBLE LIST..............................................................................................
19
EFFECTIVE DATE OF ELIGIBLE LIST.........................................................................................................................
19
DURATION OF ELIGIBLE LIST....................................................................................................................................
20
EXHAUSTION OF ELIGIBLE LIST................................................................................................................................
20
MERGING ELIGIBLE LISTS........................................................................................................................................
20
ORDER OF ELIGIBLE LISTS........................................................................................................................................
20
REINSTATEMENT LISTS.............................................................................................................................................
20
CONTACTING ELIGIBLES...........................................................................................................................................
20
WAIVERS....................................................................................................................................................................
20
PLACEMENT OF ELIGIBLES INACTIVE.......................................................................................................................
20
INACTIVEELIGIBLES.................................................................................................................................................
20
CERTIFICATION OF NAMES.....................................................................................................21
REINSTATEMENT LIST TO LAYOFF DEPARTMENT.................................................................................................... 21
REINSTATEMENT LIST TO OTHER DEPARTMENTS................................................................................................... 21
PROMOTIONAL AND OPEN ELIGIBLE LISTS.............................................................................................................. 21
LISTWAIVER............................................................................................................................................................. 21
SELECTIVE CERTIFICATION...................................................................................................................................... 21
6.13 APPOINTMENTS...........................................................................................................21
REGULAR.................................................................................................................................................................... 21
PROVISIONAL............................................................................................................................................................. 22
EXTRAHELP............................................................................................................................................................... 22
ADMINISTRATIVE APPOINTMENTS............................................................................................................................ 22
EMERGENCY APPOINTMENTS.................................................................................................................................... 22
NEPOTISM................................................................................................................................................................... 23
UNDERFILLING........................................................................................................................................................... 23
REEMPLOYMENT........................................................................................................................................................ 23
PROMOTIONS WITHIN CLASSIFICATION SERIES....................................................................................................... 23
TERMAPPOINTMENT................................................................................................................................................. 23
REASSIGNMENT.......................................................................................................................................................... 25
7 CONDITIONS OF EMPLOYMENT...................................................................................25
7_1 STATUS OF ADMINISTRATIVE APPOINTEES................................................................25
7.2 PROBATIONARY PERIOD OF NEW EMPLOYEES...........................................................25
7.2.1 EXTENSION OF PROBATIONARY PERIOD....................................................................26
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Personnel Rules Revision — November 2020
7.3
PROBATIONARY PERIOD OF PROMOTED EMPLOYEES................................................27
FILING OF RECOGNITION PETITION BY EMPLOYEE ORGANIZATION ...............................................
7.4
PROBATIONARY PERIOD OF DEMOTED EMPLOYEES...................................................27
36
7.5
HOURS OF WORK.........................................................................................................27
ELECTION PROCEDURE.....................................................................................................................................
7.6
ATTENDANCE................................................................................................................27
38
7.7
POLITICAL ACTIVITIES................................................................................................27
PROCEDURE FOR MODIFICATION OF ESTABLISHED APPROPRIATE UNITS .....................................
7.8
OUTSIDE EMPLOYMENT...............................................................................................28
40
7.9
PERFORMANCE REVIEW...............................................................................................28
PAYROLL DEDUCTIONS ON BEHALF OF EMPLOYEE ORGANIZATIONS .............................................
7.10
PROMOTION AND VOLUNTARY DEMOTION.................................................................28
40
7.11
NOTICE OF DISCIPLINARY ACTION.............................................................................29
7.12
MEDICAL DEMOTION, TRANSFER, TERMINATION, OR RETIREMENT .........................29
7.13
WRITTEN REPRIMAND REMOVAL................................................................................30
7.14
LAYOFF......................................................................................................................30
7.15
SEPARATION................................................................................................................30
EFFECTIVEDATE.......................................................................................................................................................
30
CHANGE OF EFFECTIVE DATE...................................................................................................................................
30
ABSENTWITHOUT LEAVE.........................................................................................................................................
31
8
ALCOHOL AND DRUG ABUSE POLICY...........................................................................31
9
EMPLOYEE SAFETY.......................................................................................................31
SAFETYPROGRAM............................................................................................................................................... 31
Purpose............................................................................................................................................... 31
Obiective.............................................................................................................................................. 31
Plan..................................................................................................................................................... 31
Authoritv.............................................................................................................................................. 31
Policy................................................................................................................................................... 31
9.2 VIOLENCE IN THE WORKPLACE...................................................................................32
9.3 SAFETY FOOTWEAR......................................................................................................32
9.4 VOLUNTEERS, BOARDS, AND COMMISSIONS..............................................................32
9.5 TRUCK DRIVER PHYSICAL EXAMINATIONS................................................................32
9_6 REIMBURSEMENT FOR EMPLOYEE PERSONAL PROPERTY LOSS.................................32
9.7 ELECTRICAL OUTAGES.................................................................................................34
9.8 DISASTER PROCEDURE................................................................................................35
10 EMPLOYEE RELATIONS................................................................................................35
STATEMENT OF PURPOSE..................................................................................................................................
35
FILING OF RECOGNITION PETITION BY EMPLOYEE ORGANIZATION ...............................................
36
COUNTY RESPONSE TO RECOGNITION PETITION.....................................................................................
36
OPEN PERIOD FOR FILING. CHALLENGING PETITION.............................................................................
37
ELECTION PROCEDURE.....................................................................................................................................
37
PROCEDURE FOR DECERTIFICATION OF RECOGNIZED EMPLOYEE ORGANIZATION .................
38
POLICY AND STANDARDS FOR DETERMINATION OF APPROPRIATE UNITS .....................................
39
PROCEDURE FOR MODIFICATION OF ESTABLISHED APPROPRIATE UNITS .....................................
39
APPEALS..................................................................................................................................................................
40
SUBMISSION OF CURRENT INFORMATION BY RECOGNIZED EMPLOYEE ORGANIZATIONS......
40
PAYROLL DEDUCTIONS ON BEHALF OF EMPLOYEE ORGANIZATIONS .............................................
40
EMPLOYEE ORGANIZATION ACTIVITIES -USE OF COUNTY RESOURCES ..........................................
40
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Personnel Rules Revision — November 2020
ADMINISTRATIVE RULES AND PROCEDURES............................................................................................. 41
INITIATION OF IMPASSE PROCEDURES........................................................................................................ 41
IMPASSE PROCEDURES...................................................................................................................................... 41
COSTS OF IMPASSE PROCEDURES.................................................................................................................. 41
CONSTRUCTION.................................................................................................................................................... 42
SEVERABILITY...................................................................................................................................................... 42
11 COMPENSATION...........................................................................................................42
PREPARATION OF COMPENSATION PLAN....................................................................................................
42
ADOPTION OF COMPENSATION PLAN...........................................................................................................
42
APPLICATION OF COMPENSATION RATES..................................................................................................
43
COMPENSATION PAYMENT SCHEDULE........................................................................................................
43
Scheduleof Payment........................................................................................................................... 43
44
Certification........................................................................................................................................ 43
44
Separation........................................................................................................................................... 43
44
11.5 COMPENSATION AT HIRING............................................................................................................... 43
NewEmployees...................................................................................................................................
43
AdvancedStep Hiring.........................................................................................................................
44
FormerEmployees..............................................................................................................................
44
11.6 MERIT ADVANCEMENT WITHIN RANGE........................................................................................ 44
Performance Report Required.............................................................................................................
44
Period of Employment Required for Merit Advancement....................................................................
44
NewEmployees...................................................................................................................................
44
Promotionor Demotion.......................................................................................................................
44
Lateral Transfer or Voluntary Demotion............................................................................................
44
Lateral Transfer to a Different Classification.....................................................................................
44
Changein Range Allocation................................................................................................................
44
Position Reclassification.....................................................................................................................
44
Step Ad
justments.................................................................................................................................
45
EffectiveDate......................................................................................................................................
45
Regular Part -Time Employees............................................................................................................
45
11.7
PROMOTION.............................................................................................................................................45
11.14 OVERTIME................................................................................................................................................47
11.8
DEMOTION...............................................................................................................................................
45
11.9
LATERAL TRANSFER.............................................................................................................................
45
11.10
VOLUNTARY DEMOTION.....................................................................................................................
46
11.11
CHANGE IN RANGE ALLOCATION....................................................................................................
46
11.12
POSITION RECLASSIFICATION..........................................................................................................
46
48
Reclassification & No Change in Sala rX.............................................................................................
Reclassification to Position With Higher Salary Range......................................................................
Reclassification to Position With Lower Salary Range.......................................................................
Change In Classification Title Only....................................................................................................
46
47
47
47
11.15 BILINGUAL PAY DIFFERENTIAL....................................................................................................... 49
11.13 BOARD AUTHORITY TO SPECIFY SALARY
..................................................................................... 47
11.14 OVERTIME................................................................................................................................................47
POI —ic-1-1 ...................................................................................................................................................
47
WorkPeriod........................................................................................................................................
47
Authorization for Overtime Work........................................................................................................
48
Records of Overtime Work and Justification.......................................................................................
48
OvertimeCompensation......................................................................................................................
48
Fringe Benefits NotAffected by Overtime...........................................................................................
48
Overtimefor Callback.........................................................................................................................
48
ExemptEmployees...............................................................................................................................
48
ExtraHelp Employees.........................................................................................................................
48
11.15 BILINGUAL PAY DIFFERENTIAL....................................................................................................... 49
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Personnel Rules Revision — November 2020
11.16 TEMPORARY ASSIGNMENTS TO HIGHER LEVEL CLASSIFICATIONS ................................... 49
General................................................................................................................................................ 49
VacantPositions.................................................................................................................................. 49
BackfillingPositions............................................................................................................................ 49
OtherCircumstances........................................................................................................................... 49
11.17 SHIFT DIFFERENTIAL PAY..................................................................................................................
50
12 BENEFITS.....................................................................................................................50
VACATIONLEAVE................................................................................................................................................
50
SICKLEAVE............................................................................................................................................................
51
EmploveeSick Leave........................................................................................................................... 51
ReportingRequirement........................................................................................................................ 51
MedicalReports.................................................................................................................................. 51
SickLeave Buy Back Option................................................................................................................ 52
Illnessin Family.................................................................................................................................. 52
12. 3 BEREAVEMENT LEAVE..................................................................................................52
12.4 LEAVE OF ABSENCE......................................................................................................52
LIMITEDLEAVE.........................................................................................................................................................
52
EXTENDEDLEAVE......................................................................................................................................................
52
INDUSTRIAL DISABILITY LEAVE WITH PAY............................................................................................................. 52
INDUSTRIAL DISABILITY LEAVE WITHOUT PAY...................................................................................................... 53
MILITARYLEAVE.......................................................................................................................................................
53
TEMPORARY ASSIGNMENT TO FILL A POSITION...................................................................................................... 53
BOARDLEAVE............................................................................................................................................................
53
12.5 HOLIDAY LEAVE...........................................................................................................53
DESIGNATED HOLIDAYS............................................................................................................................................
53
HOLIDAYPRORATION................................................................................................................................................
53
PERSONAL HOLIDAYS & SPECIAL VACATION ENTITLEMENTS................................................................................ 54
COMPENSATION IN LIEU OF TIME OFF.....................................................................................................................
54
12.6 JURY AND WITNESS LEAVES........................................................................................54
12.7 REST BREAKS...............................................................................................................55
12.8 RETIREMENT................................................................................................................55
12.9 RELEASE TIME FOR WORKSHOPS................................................................................55
12.10 HEALTH PLAN...............................................................................................................55
ELIGIBILITY...............................................................................................................................................................
55
PREMIUM....................................................................................................................................................................
55
RETIRED EMPLOYEE OPTIONS..................................................................................................................................
56
CONTINUATION OF COVERAGE.................................................................................................................................
56
PREMIUMHOLIDAY...................................................................................................................................................
57
12.11 UNEMPLOYMENT INSURANCE.....................................................................................57
12.12 DEFERRED COMPENSATION PROGRAM.......................................................................57
13 TRAVEL AND EXPENSES...............................................................................................57
APPENDIX I EMPLOYEE PROMOTIONAL PROCESS (EPA)..................................................59
APPENDIX II SEXUAL HARRASSMENT PREVENTION POLICY.............................................60
APPENDIX III LAYOFF POLICY.............................................................................................63
APPENDIX IV ALCOHOL AND DRUG ABUSE POLICY............................................................66
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Personnel Rules Revision — November 2020
APPENDIX V VIOLENCE IN THE WORKPLACE....................................................................72
APPENDIX VI SAFETY FOOTWEAR POLICY..........................................................................77
APPENDIX VII MEDICAL LEAVE POLICY...............................................................................81
APPENDIX VIII TRAVEL AND EXPENSE POLICY.....................................................................90
APPENDIX IX IRS PUBLICATION 1075 COMPLIANCE POLICY...........................................98
APPENDIX X TELEWORK POLICY.....................................................................................103
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Personnel Rules Revision — November 2020
Personnel Rules Revision — November 2020
SECTIONS 1-2.53: Reserved
DEFINITIONS:
ADEQUATE NOTICE OF ACTION: Where provisions of these regulations require that a party or parties
concerned be delivered, served, or notified of actions, notification by letter to that party or parties' last known
address shall constitute adequate notice of action.
ADMINISTRATIVE APPOINTMENT: The appointment of a person to a department head position.
ALLOCATION: The assignment of a classified position to a budget unit.
ANNIVERSARY DATE: The date of the initial appointment to a Regular -Help position and each succeeding
year thereafter, without a break in service.
APPEAL: A written statement by the person affected which declares a personal belief that: a discharge,
demotion, or suspension action was without reasonable cause; does not agree with a grievance ruling or the results
of a selection process; or an action of discrimination has occurred.
APPOINTING AUTHORITY: Any person, elected or appointed, who has responsibility to administer a county
department or office, or who is a representative designated to perform these duties.
APPOINTMENT DATE: The date of appointment to a regular status position within the Merit System.
APPROPRIATE UNIT: A unit of employee classes or positions, established pursuant to these rules.
BOARD: The Board of Supervisors of the County of Butte.
BUDGET UNIT: Any number of classifications allocated together in a section of the salary ordinance for
budgetary purposes.
CALLBACK: Occurs when an employee is required to physically return to work, to work hours outside their
regular work schedule. Standby status is not callback.
CATASTROPHIC LEAVE: A leave of absence related to a serious health related condition of a regular
employee (or immediate family member) that 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, and conditions requiring
less than a pay period's absence or to normal pregnancy. If the absence due to pregnancy is ordered in writing by
the treating health care provider such absence will qualify for catastrophic leave.
CIVIL RIGHTS COMPLIANCE OFFICER: The Director - Human Resources of the County of Butte or the
Director's designated representative.
CLASS OR CLASS OF POSITION: All positions sufficiently similar in duties, authority, responsibility, and
working conditions to permit grouping under a common title and the application with equity of common standards
of selection, transfer, promotion, and salary.
CLASSIFICATION PLAN: An orderly arrangement of positions under separate and distinct classes so that
each class will contain all those positions which are sufficiently similar in respect to duties and responsibilities
Personnel Rules Revision- November 2020
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;
• Paid Administrative Leave;
• Accrued Administrative Leave;
• Bereavement leave;
• Jury duty as set forth in section 12.6;
• Paid military leave;
• Compensated industrial injury leave as set forth in these rules;
• Compensatory time off for overtime worked.
COMPENSATION: Salaries and wages paid to employees.
COMPENSATION PLAN: The schedule of salary ranges or wage rates set forth in a salary ordinance for the
various classes of positions in the classification plan.
CONFIDENTIAL EMPLOYEE: An employee who, in the course of his or her duties, has access to 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.
DAYS: As used in these rules, days shall be calendar days unless specifically stated.
DEMOTION: The involuntary movement of an employee from one class of position to another class of position
for which the employee qualifies which has lesser responsibilities and a lower salary range.
DEPARTMENT: One or more budget units grouped together by the Board of Supervisors under the supervision
and control of one appointed or elected department head.
DISCRIMINATION: Any action against a person by reason of race, national origin, politics, religion, age, sex,
marital status, or disability which denies such person equal employment opportunity.
DISCIPLINARY ACTION: Disciplinary action means dismissal (except for probationary release or rejection,
including promotional probationary release), demotion (except for demotion due to layoff or reduction in force),
reduction in compensation, suspension without pay, and written reprimand. Disciplinary action may be taken by
the appointing authority, or his/her designated representative, for just cause and reasonable cause as set forth in
Section 2.54 of the Personnel Rules.
Personnel Rules Revision- November 2020
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.
HOURS: As used in these rules the hours reported shall be work hours. The smallest portion of an hour reported
shall be one-quarter (1/4) of an hour. Rounding rules shall apply as follows: 0-7 additional minutes shall round
down to the nearest 15 minute increment while additional minutes of 8-15 minutes shall round up to the next
fifteen minute increment.
IMMEDIATE FAMILY: The following members of an employee's family: spouse; natural, step, or legal child
parent; brother; sister; brother-in-law; sister-in-law; daughter-in-law; son-in-law; grandchild; grandparent;
grandparent -in-law; 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 for which the employee meets the minimum qualifications and the salary is within
4.9% above or below the current rate of pay comparing step one of the current class to step one of the proposed
classification.
LAYOFF REINSTATEMENT LIST: Lists that contain the names of permanent employees who have been
laid off or have demoted in lieu of layoff.
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Personnel Rules Revision- November 2020
MANAGEMENT EMPLOYEE: An employee having responsibility for advising, formulating, administering,
or managing the implementation of County policies or programs or performing professional services for the
County (i.e., attorneys and doctors).
MEDICAL CAUSE: The condition or conditions existing which may justify the medical demotion, transfer, or
termination of an employee. Medical cause may include but not be limited to the following:
• Inability to do satisfactory work due to ill health.
• Physical inability to perform the required work.
MERIT ADVANCEMENT: A salary increase within the limits of the pay range established for a class.
MERIT ADVANCEMENT DATE: The date on which an employee is eligible for a merit advancement.
NEPOTISM: The appointment in a department of a member of any employee's immediate family to a regular
or extra help position.
PERFORMANCE REVIEW DATE: PERFORMANCE REVIEW DATE: The date upon which an employee's
scheduled performance report is to be completed by an appointing authority or the appointing authority's designee is
as follows:
• At the end of the first (3) three months of the employee's probationary period. At least (30) thirty days before the
end of the employee's probationary period.
• At least (30) thirty days before the employee's merit advancement date.
• Annually for employees in the last step of the pay range at least (30) thirty days before the employee's anniversary
of the last merit advancement date.
• Sworn personnel first hired by the Sheriff's Office on or after January 1, 2018 in the classification of Deputy
Sheriff, shall have the following performance review schedule:
Performance Period
Action
At 6 months
Evaluation Only
At 12 months
Evaluation and eligible for merit at the sole discretion of the Sheriff
At 18 months
Evaluation and eligible to end the probationary period at the
sole discretion of the Sheriff
At 24 months
Evaluation and eligible for merit at the sole discretion of the
Sheriff and every 12 months thereafter
PERMANENT STATUS: The status of an employee following the successful completion of a probationary
period which entitled the employee to the rights and privileges provided in these rules.
POSITION: A collection of duties and responsibilities which require the full or part-time services and
employment of one person.
PROBATIONARY PERIOD: The period of time following regular appointment during which an employee
demonstrates satisfactory performance in order to justify the right to permanent status.
PROBATIONARY STATUS: The status of an employee following appointment to a regular position during
which the employee may appeal disciplinary actions and discriminatory actions. While in this status the employee
Personnel Rules Revision- November 2020
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
for any employee organization. The only authorization which shall be considered as proof of employee
support hereunder shall be the authorization last signed by an employee. The words "recently signed"
shall mean within (180) one hundred eighty days prior to the filing of a petition.
PROVISIONAL APPOINTMENT: The appointment to a regular budgeted position when no eligible list exists
of a person who meets the minimum qualifications of the position, for a period of time not to exceed (6) six
months in duration or (60) sixty days following the establishment of an eligibility list for the position, whichever
is less. Such appointment is not eligible for departmental promotional recruitments, unless employee was a
regular help employee within the department immediately prior to the provisional appointment. Such employee
is in all other respects a regular help employee.
REASONABLE CAUSE: See Section 2.54.
RECLASSIFICATION: A change to another classification that most accurately reflects the duties performed
by the employee.
RECOGNIZED EMPLOYEE ORGANIZATION: An employee organization which has been formally
acknowledged by the County as the employee organization that represents the employees in an appropriate
representation unit pursuant to these rules.
REEMPLOYMENT APPOINTMENT: An appointment of an employee previously separated in good standing
from County employment within three (3) years of the separation date, in a class in which the employee held
permanent status or a class with the same or lower salary range for which the former employee is qualified as
determined by the Director - Human Resources.
REINSTATEMENT APPOINTMENT: Any individual recalled from an established layoff reinstatement list
to a regular help County position to the classification held at the time of layoff.
REGULAR APPOINTMENT: The appointment of a person using merit system principles to a budgeted
Personnel Rules Revision- November 2020
position listed in the salary ordinance.
SALARY RANGE: A salary range is compensation from the beginning step (step 1) to the ending step for the
classification as specified in the applicable MOU. 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 an employee began consecutive service in a regular help appointment
with Butte County.
SERIOUS HEALTH CONDITION: Refer to Medical Leave Policy in Appendix VII for definition.
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.
SUNSET POSITION: An allocated position that is limited in duration to a particular period of time, usually
because the funding source for the position is not ongoing. Sunset positions have the same privileges and benefits
as any other regular help County position.
SUPERVISORY EMPLOYEE: Any employee, regardless of job description, regularly having authority in the
interest of the County to hire, transfer, suspend, lay off, recall, promote, discharge, assign, evaluate, or discipline
other employees; or the responsibility to assign work to and direct them; or to adjust their grievances or effectively
recommend such action; if, in connection with the foregoing functions, the exercise of such authority is not merely
routine or clerical in nature, but requires the use of independent judgment.
SUSPENSION: The involuntary placement of an employee in a non -compensated status up to a maximum of
(30) thirty working days as a result of disciplinary action by an appointing authority.
TERM POSITION: The appointment 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 6.13j.
UNDERFILLING: The filling of a position with a lower classification authorized in the salary ordinance.
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.
WORD USE CLARITY: Words used in the present tense include the future, except where the natural
construction of this resolution otherwise indicates. Words in the singular number include the plural, and words
in the plural number include the singular; and the word "shall" is mandatory and not discretionary.
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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.
"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 specification.
r) Misappropriation, unauthorized or misuse of county funds or property.
s) Failure or refusal to cooperate, or knowingly providing false, misleading, or inaccurate information in
an investigation being conducted by the County.
3 ADMINISTRATION
3.1 HUMAN RESOURCES DIRECTOR
The Director - Human Resources shall be responsible for establishing procedures for the administration
of rules as set forth in this resolution. An appointing authority may appeal an action of the Director -
Human Resources to the Board.
3.2 AMENDMENT OF RULES
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These rules may be 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 Human Resources Department shall maintain such records which are necessary for payroll and
retirement system purposes.
3.6 PERSONNEL FORMS
Every appointment, promotion, transfer, demotion, salary change, separation, or other information or
action required which affects an employee shall be initiated on appropriate forms supplied by the Director
- Human Resources. Such forms shall be used as prescribed by the Director - Human Resources.
3.7 VOLUNTEER RECORDS
Each appointing authority allowing volunteers to participate in Butte County service activities shall
maintain records of such service including the name of the employee or official authorizing the service,
the name of the volunteer, the nature of the service, and the time the service was performed. Information
concerning each volunteer shall be provided to the Director - Human Resources in a manner and form
prescribed by the Director - Human Resources.
3.8 DESTRUCTION OF RECORDS
Employment related records will be destroyed as provided by law and the Board Resolution titled,
"Resolution Establishing An Orderly System for Destruction of Records of the County of Butte."
3.9 RECORDS ACCESS
An employee, or a representative authorized in writing by the employee, shall have the right during normal
business hours to review said employee's individual personnel records.
An appointing authority may have authorization to review an employee's personnel records.
3.10 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
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status with the County by passing a non-competitive qualifying examination.
3.11 EMPLOYEE ELIGIBILITY
All persons occupying regular -help positions on August 7, 1976, shall be recognized as meeting the
minimum standards and shall be eligible to hold the positions they are filling.
3.12 EXEMPT POSITIONS
Except as specifically indicated, all elected and appointed department heads are exempt from the
provisions of these rules.
4 EQUAL EMPLOYMENT OPPORTUNITY PROGRAM (EEOP)
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), gender, sex, sexual orientation, marital status, medical
condition, or physical disability (including HIV and AIDS), or any other characteristic protected by law.
All recruitment, hiring, placements, transfers, and promotions will be on the basis of individual skills,
knowledge and abilities, and the feasibility of any necessary job accommodation, regardless of the above
identified bases. All other personnel actions such as compensation, benefits, layoffs, terminations,
training, etc., are also administered without discrimination. Equal Employment Opportunity (EEO) will
be promoted through a continual and progressive EEOP.
The objective of an EEOP is to ensure non-discrimination in employment and wherever possible, to
actively recruit and include for consideration for employment minorities, women, and the physically
disabled.
The County of Butte will also conform with the Americans with Disabilities Act of 1990 (ADA, 42 USC
Sections 12101 et. Seq., and US Department of Justice Implementing Regulations, 28 CFR, Part 35).
The Director — Human Resources is the designated EEOP 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 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 his/her individual responsibility to contribute
towards its maximum fulfillment.
4.2 OBJECTIVE
The objective of the County's EEOP is to provide equal employment opportunity to persons from minority
and disadvantaged groups as follows:
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To achieve the employment of minority persons representative of the total county work force
population.
To provide opportunity to minority and disadvantaged persons to be employed in all classifications
and departments including supervisory, technical, and administrative, as well as unskilled positions,
on the basis of merit system principles.
To provide procedures to resolve complaints of discrimination.
4.3 PLAN
In order to fulfill the above described objectives, Butte County initiates an Equal Employment Opportunity
Program which will include, but may not necessarily be limited to, the following actions:
a) Personnel Inventory
The base data for the establishment of equal employment opportunity goals for the achievement of
equal opportunity will be developed from an analysis of the county population and work force
composition in accordance with the latest census data.
An ongoing analysis of the status of minority employment within the county service will be made by
department, classification, and position. This analysis will be conducted by the Director - Human
Resources with the cooperation of all appointing authorities.
The Director - Human Resources will administer an ongoing statistical record system of all county
departments, classifications, and positions pertaining to minority composition of the county working
force.
b) Classification
The Director - Human Resources will periodically 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 j ob movement will be analyzed and developed where
feasible to remove career gaps within classifications.
Job descriptions will be studied and rewritten if the feasibility of creating lower entry classes exists.
c) Selection Process
The Director - Human Resources will make efforts to insure that examinations are valid, job related,
and non-discriminatory.
Oral interviews will be conducted on a fair, equitable, and non-discriminatory basis.
d) Recruitment Procedure
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The Director - Human Resources will:
Identify the minority organizations within the geographic boundaries of Butte County;
Obtain assistance from the minority organizations for job announcements and recruitment; and
Develop and expand county involvement in special employment and training programs.
e) Discrimination Complaints
Any person filing a discrimination complaint against a county department shall use the following
procedure:
If a person believes there is reason to file a discrimination complaint against a county department, the
person may request a confidential informal meeting with the Civil Rights Compliance Officer within
ten (10) days from the occurrence, or the person's knowledge of the occurrence, which gives rise to
the discrimination complaint. The Civil Rights Compliance Officer or a designated representative
shall meet with the person within (5) five days after their request and discuss the complaint in an effort
to clarify the issue, to investigate the complaint, and to work towards settlement of the complaint. The
Civil Rights Compliance Officer shall verbally present a decision to the person bringing the
discrimination complaint within (5) five days of the time of the informal discussion.
4.4 RESPONSIBILITIES
a) The Director — Human Resources
The Director - Human Resources will advise the Board of the Equal Employment Opportunity
Program, its budget requirements, and will take measures to insure that the resources allocated to the
EEOP are sufficient to achieve its approved goals.
The Director — Human Resources shall coordinate the implementation and interpret the provisions of
this program.
The Director -Human Resources shall monitor the effectiveness of this program and make periodic
reports to the Board.
b) Appointing Authorities
Appointing authorities and county officials shall assist the Director - Human Resources in completing
inventories of personnel assigned to their departments, and in the implementation of the approved
Equal Employment Opportunity Program.
Appointing authorities and county officials shall insure that supervisors and other personnel in their
departments understand and carry out the spirit of the approved Equal Employment Opportunity
Program.
Appointing authorities and county officials shall be responsible to insure that non-discriminatory
employment practices are followed within the department of their authority.
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4.5 SEXUAL HARASSMENT PREVENTION POLICY
See Appendix II.
4.6 EMPLOYMENT OF PERSONS WITH DISABILITIES
Persons with disabilities who apply for employment require special consideration as part of the
employment process. State and Federal laws require that job applicants are not discriminated against in
recruitment, examination, selection, and other employment decisions. There continue to be changes in
both the definition of persons with a disability and in what steps an employer may or may not take in
making employment decisions.
Generally, applicants with disabilities, or disabilities that are perceived by the public to be disabling
conditions, are protected. These statutes include the California Fair Employment and Housing Act
(Government Code Section 12900 et seq. 'FEHA'), State Rehabilitation Act (Section 1135 of the
Government Code) and Section 503 and 504 of the Federal Rehabilitation Act of 1973 (29 U.S. Code
subsection 792-793).
In addition to the general definition above, Federal law covers applicants with substance abuse problems
and mental illness, while State law covers specific medical conditions. It is difficult to generalize how
individuals with these conditions are protected under the law.
The basic provisions of these laws prohibit requiring something different from applicants with disabilities
than for those without disabilities. For practical purposes the disability of an applicant may not be
considered until after a decision has been made to offer employment.
When a candidate with a disability is offered a position, it should be made subject to determining the
extent to which accommodations will need to be made to have the job performed. These accommodations
may involve such things as raising a desk in order that a wheel chair may be in the correct position for
typing, allowing the use of the candidate's specially equipped vehicle when on County business, or other
modification to the work.
The appointing authority shall consult with the Director — Human Resources, or his/her designee, on all
reasonable accommodation requests prior to taking action on the request.
Accommodation would be for a specific position, not a class of positions. As an example: If a person has
been accommodated in the Class of Social Worker 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 in consultation with the Director -Human Resources determine that it
would place an undue hardship on the County to accommodate a candidate with a disability, the candidate
shall be notified of the decision in writing. Such a decision shall not remove a person with a disability
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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
accommodations 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, would create an undue hardship on the County, the candidate
may be denied employment.
As with other employees and applicants, medical condition information is confidential and may only be
released to supervisors or medical emergency personnel who would meet the test of having a legitimate
need to know.
4.7 EMPLOYEES WITH SERIOUS HEALTH CONDITIONS OR DISABILITIES
Butte County recognizes that employees with serious health conditions or disabilities, or those who are
perceived to have a serious health condition or disability, including but not limited to cancer, heart disease
or AIDS*, may wish to continue to engage in as many of their normal activities, including work, as their
condition permits. As long as these employees are able to meet acceptable performance standards and
medical evidence indicates that the employee is physically and mentally able to perform the essential
functions of the job, Butte County will support the affected employee's right to work.
At the same time, Butte County also recognizes that it has an obligation to provide a safe environment.
Every precaution should be taken to ensure that an employee's condition does not present a health,
security, and/or safety threat to County employees, clients** or others.
Butte County expects all of its employees to be sensitive to these issues, and to make every effort to treat
employees consistent with this philosophy and the following guidelines:
* AIDS - Acquired Immunodeficiency Syndrome (includes any person who has AIDS Related
Complex (ARC) or is seropositive with Human Immunodeficiency Virus (HIV) as defined by the Centers
for Disease Control).
* * Client - a member of the public who is requesting or receiving services from Butte County and, as
appropriate, may include an individual in the detention or correctional facility.
a) Confidentiali
An employee's health condition is personal and private, and reasonable precautions should be taken to
protect information regarding an employee's health condition. Communications regarding the affected
employee's health condition, to the extent known, shall be restricted to those with a demonstrated job-
related need -to -know.
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Butte County understands that employees and supervisors may have questions and concerns when
dealing with an individual who has a serious health condition or disability; therefore, resources are
available through the County Public Health Department and Employee Assistance Program.
b) Equal Treatment
Employees or job applicants who have a serious health condition or disability are addressed by laws
and regulations that protect them against discrimination for exercising their legal rights. Questions by
management relating to an employee's or j ob applicant's status as a disabled person should be directed
to the Human Resources Department for consideration.
Transfers or reassignments of employees with serious health conditions or disabilities shall be made
in accordance with the Personnel Rule 6.13(k), and/or labor and union agreements.
Any transfers of co-workers of an employee with a serious health condition or disability shall be made
in accordance with the Butte County Personnel Rules and/or labor and union agreements. Where it
has been determined that the continued presence of an employee with a serious health condition or
disability 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 serious health conditions or disabilities, 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 employees and their household members who
may be affected by serious health conditions or disabilities.
d) Management
If the job performance of an employee with a serious health condition or disability is a concern,
management should contact Human Resources for assistance. Decisions will be made in accordance
with Butte County Personnel 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 health care provider 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's staffing in order to hire a replacement or partial
replacement for an employee who is on paid sick leave or reduced hours due to a serious health
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condition or disability, the department head shall contact the Chief Administrative Officer. The CAO
may approve or disapprove such a temporary increase.
For assistance in adding a temporary employee, the department should contact the Human Resources
Department. Such a temporary increase in complement will continue at the discretion of the
department's appointing authority or Chief Administrative Officer.
Each department may develop specific guidelines to address needs specific to its department not
already addressed by the policy and shall be developed in consultation with Risk Management, Human
Resources Department, and the employee's representative, if required.
e) Medical Authority
This policy statement and guidelines are based on the most current and generally accepted medical
information and are subject to on-going revision.
5 CLASSIFICATION OF POSITIONS
5.1 CLASSIFICATION PLAN
All positions shall be included in a classification plan except those positions held by elected and appointed
department heads and appointed boards and commissions. The classification plan shall be maintained by
the Director - Human Resources so that all positions substantially similar in duties, responsibilities,
authority, and qualifications required are so classified that schedules of compensation may be applied
equitably. Each classification shall have a written specification setting forth the title of the class, defining
the class, describing duties and responsibilities of the positions in the class, and setting 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
The number and classifications of permanent positions shall be as approved by the Board of Supervisors
in the salary ordinance. No appointing authority shall appoint more employees to a class of position than
is provided in the salary ordinance except that a new employee or a promoted employee may be appointed
to a position not more than (30) thirty working days before the employee being replaced is separated.
5.4 SPLIT POSITIONS
a. The Director - Human Resources may authorize Physician, Psychiatrist, Psychologist, and nursing
and health care professional positions to be filled by less than full-time employees in any number so
long as the total aggregate time in each class does not exceed the full-time equivalent of the positions
authorized in the salary ordinance.
b. With the concurrence of the department head, the Director -Human Resources may authorize any two
(2) employees, within the same classification and department to share one (1) allocated position. All
sick leave, vacation leave, earned administrative leave and holiday leave shall be prorated on a 50/50
basis. PERS retirement accrual shall be calculated on a prorated basis pursuant to PERS regulations.
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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. Any employee being reclassified must meet the
current minimum qualifications associated with the new classification. The Director -Human Resources
may make exceptions on a case by case basis for good cause. Refer to section 11.12 for procedural
specifics.
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 classification,
name of the current incumbent, and the nature of the changes in the responsibilities and duties of
the position.
If an employee believes that changes, as described above, have occurred within the incumbent's
position, the employee may submit to the appointing authority a written request for a review of the
position's classification. If the appointing authority determines that a review of the classification
is warranted, such request shall be forwarded, on the prescribed forms, to the Director — Human
Resources pursuant to subsection 1 of this section for determination of appropriateness. In the
event that the appointing authority determines a review of the classification is not warranted, the
employee may then submit a request to the Director — Human Resources for a final determination
as to whether a review is appropriate.
Prior to submission to the Board of Supervisors for implementation of a classification change, the
Director — Human Resources shall forward the analysis and recommendation to the appropriate
bargaining unit for review and invitation to meet and confer.
6 APPLICATION, QUALIFICATIONS, CERTIFICATION AND
APPOINTMENT
6.1 RECRUITMENT
The Director - Human Resources shall be responsible for the recruitment of persons who are to be
considered for employment. The Director - 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.
6.2 APPLICATION FOR EXAMINATION
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A separate application must be submitted for each examination. The application must be submitted during
the announced recruitment period using the County's current application process. The application form
must be completed in sufficient detail to allow a job-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 Human
Resources Department 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 United States' Armed
Forces as defined in Government Code Section 18540 and who qualify as veterans shall be eligible
for five (5) veterans' preference points to be added to their score, provided that they achieve a passing
score in the overall examination. Qualified veterans with a service -connected disability of 30% or
more shall be eligible for an additional five points to be added to a passing score of an open, non-
promotional examination. To receive the additional five (5) veterans' preference points, a copy of an
official statement, dated within the last twelve (12) months, from either the Department of Veterans
Affairs, or a branch of the Armed Forces indicating that applicant's disability is 30% or more must be
attached to each specific Application for Examination.
For the purposes of this section, a veteran means any person who has served in the United States'
Armed Forces and who has been discharged or released under conditions other than dishonorable and
who served:
• During the period December 7, 1941 to July 1, 1995; or
• At least 181 consecutive days since January 31, 1995; or
• During the Gulf War from August 2, 1990 through January 2, 1992; or
• In a campaign or expedition for which a campaign medal has been authorized, including El
Salvador, Grenada, Haiti, Lebanon, Panama, Somalia, Southwest Asia, and Bosnia.
• The campaign in Iraq and the war on terrorism.
• In any other campaign approved by the Board of Supervisors.
To receive veterans' preference points, each eligible veteran shall submit to the Director - Human
Resources during the announced recruitment period for each specific open, non -promotional
examination, a written request for veterans' preference and written proof of eligibility (DD214 Form).
b) Relevant Experience
Permanent regular County employees shall be provided an additional five (5) points on Training and
Experience examinations when prior County experience of (6) six months or more is relevant to the
position being sought as determined by the Director — Human Resources.
6.3 QUALIFICATIONS
All examination applicants for appointment or promotion to a class of position in the classified service
must be qualified for the work they will be required to do. In determining whether or not an applicant is
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qualified, the Director - Human Resources shall apply any or all of the following selection processes as
may, in the opinion of the Director - Human Resources, be necessary:
a) Satisfactory evidence of certification, registration, license, or educational attainment where such
requirement is stated in a class specification.
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.
h) See Appendix IX for persons selected for appointment to a position requiring access to Federal Tax
Information (FTI).
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 nine (9) qualified and eligible applicants
for any examination. The Director - Human Resources may waive the examination process when there
are nine (9) or less qualified and eligible applicants for any examination.
6.5 TRANSFER PREFERENCE
When filling regular help positions, an appointing authority shall consider lateral transfer requests from
employees in the same class as the vacancy. An appointing authority shall, before filling the position,
interview all transfer applicants on file with the Human Resources Department. Transfer requests shall be
filed with the Human Resources Department.
6.6 PROMOTIONAL INTERVIEWS
When an appointing authority receives a certified list of eligibles from the Human Resources Director
to fill a regular -help position by promotion, the appointing authority shall interview each of the eligibles
on the list that is available and interested in the position before making a final selection for the position.
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6.7 PROMOTIONAL STEP INCREASES
Employees who are promoted within ninety (90) days prior to their merit date will be granted an
additional salary step increase beyond what is normally provided by Personnel Rule 11.6. Such
additional step may be denied for reasonable cause; including the employee being hired, promoted or
receiving extraordinary step increases within the previous twelve (12) months, etc.
In addition to the provisions of Personnel Rule 11.6 (Merit Advancement within Range), the following
shall apply to all employees: The appointing authority may grant out of sequence step advancements up
to a maximum of two steps for an employee in a specific classification with documentation provided to
Human Resources demonstrating that the employee's performance in the classification merits such an
increase. Such an increase shall have no effect on the employee's merit advancement date. This
provision shall not be used to increase an employee's step above what is provided in these rules when
promoting and/or transferring to another classification.
6.8 EXAMINATION REVIEW
Participants in a written examination process may within (5) five days following the examination, review
their individual test answer sheet to obtain assurance no scoring errors were made. Standardized written
examinations are not subject to review.
6.9 SELECTION PROCESS APPEAL
Any applicant who has participated in a selection process may appeal to the Director - Human Resources
for review of the rating received in any part of the selection process to assure uniform rating procedures
have been equitably applied.
Such appeal must be filed in writing with the Director - Human Resources within (20) twenty days after
the date on which the notification of the results of such selection process was mailed to the applicant. A
selection appeal must clearly state the selection process rating questioned, the date of the process, and the
action requested. The decision by the Director - Human Resources shall be final.
Any correction in rating shall not affect appointments which may have already been made from the eligible
list which resulted from the selection process rating in question.
6.10 CERTIFICATION
When a vacancy in an authorized position occurs or is about to occur, the appointing authority shall notify
the Director - Human Resources and may request a list of qualified applicants. Before approving the
request the Director - Human Resources may request the Administrative Officer to make a judgment as to
the need for the position. The Administrative Officer may make an appropriate recommendation to the
Board. If the vacancy is to be filled, the Director - Human Resources shall take the necessary steps to
certify to the appointing authority an eligible list of qualified applicants.
6.11 ELIGIBLE LISTS
a) Establishment of Eligible Lists. The Director - Human Resources shall establish eligible lists for each
class of position in the classified service whenever it is deemed necessary.
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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%.
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 eligible's standing
on the original list.
d) Effective Date of Eligible List. An eligible list shall be in effect from the date on which it is approved
by the Director - Human Resources.
e) Duration of Eligible List. All eligible lists shall continue in force for a period of (1) one year from the
effective date unless extended or shortened by the Director - Human Resources.
f) Exhaustion of Eligible List. If there are three (3) or less eligibles available, the Director - Human
Resources may consider that list to be exhausted.
g) Merging Eligible Lists. The Director - Human Resources may create an additional eligible list for a
class whenever it is deemed necessary. Such a list 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 twenty four
(24) months. Names on the reinstatement list shall be removed for any of the reasons set forth in these
rules.
j) Contacting Eligibles. Eligibles may be contacted to ascertain interest in County employment. Such
eligibles shall be given five (5) days from the date of notice to respond. The conditions of employment
will be described in 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 for the duration of the list or the
expiration of the reemployment request. Once an eligible's name is removed from a list, it may not be
restored to the list.
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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 stating that they no longer
desire consideration for a position with the County; or
4. For failure to respond within stipulated time after notice of certification, without suitable
explanation.
m) Inactive Eligibles. An eligible's name may be restored to the active eligible list for the duration of the
original list upon written request by the eligible to the Director - Human Resources.
6.12 CERTIFICATION OF NAMES
a) Reinstatement List to Layoff Department. The Director - Human Resources shall certify to an
appointing authority whose department has had a layoff the name of the most senior available eligible
from the departmental reinstatement list for the class of vacancy who has expressed a willingness to
accept reinstatement in the vacant position. When there is no reinstatement list for the class of
vacancy, the Director - Human Resources shall certify the entire departmental reinstatement list of
available eligibles in any higher class within the same class series.
b) Reinstatement List to Other Departments. The Director - Human Resources shall, in addition to a
departmental promotional list, certify to an appointing authority whose department has not had a layoff
in the vacant class of position, the names of all eligibles from other departmental reinstatement lists
from any equivalent class requiring substantially the same minimum qualifications, or higher classes
in the same class series as the vacancy, who have expressed a willingness to accept reinstatement in
the vacant position.
c) Promotional and Open Eligible Lists. The Director - Human Resources shall certify to the appointing
authority from the appropriate promotional or open eligibility list for the class of position, the names
of the highest ranking three (3) incremental score groups of eligibles who have indicated a willingness
and availability to accept the conditions of employment. In the event that there are less than five (5)
names of eligibles in the three (3) highest incremental score groups to be certified to an appointing
authority for a vacancy, or when the request for eligibles is for multiple vacancies in the same class
of position and there are less than five (5) eligibles plus one eligible for each additional vacancy in the
three (3) highest incremental score groups, the Director - Human Resources may certify in addition
the names of eligibles in the next lower incremental score group or groups.
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
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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 6.12(c) above.
6.13 APPOINTMENTS
a) Regular. Appointments shall be made from the eligibility list certified by the Director - Human
Resources. When an appointing authority has received from the Director - Human Resources a list of
qualified applicants, the appointing authority may interview any or all of the applicants certified and
make an appointment to the appropriate vacant position. No appointing authority may appoint more
employees to a class of position than authorized by the Board or as provided in these rules.
b) Provisional. The Director - Human Resources shall approve a provisional appointment made by an
appointing authority only when an eligibility list cannot be certified. Any person appointed
provisionally shall meet the minimum standards for the appointed class. A provisional appointment
shall not exceed six (6) months in duration or sixty (60) days following the establishment of an
eligibility list for the position, whichever is less.
In order to qualify and be considered for a regular appointment to the position, a provisional employee
must, during the period of his/her provisional appointment, apply for the position. Provisional
employees must be within hiring range on the eligibility list to be placed in a regular help appointment
status.
When appointed provisionally and no list is developed within the six (6) months as described above,
the provisional appointment may be extended by no more than an additional ninety (90) days with the
prior approval of the Director - Human Resources. In the case of an employee represented by the Butte
County Management Employees' Association, who is provisionally assigned to a classification
represented by said Association, additional extensions beyond the 90 days may be made on a month
to month basis by mutual agreement between the Human Resources Director and the Association for
up to three months.
An employee appointed provisionally shall not be eligible to compete in a departmental promotional
recruitment unless the employee was already a regular help employee holding a position within the
department prior to the provisional appointment.
c) Extra Help. An appointing authority may make an extra -help appointment not to exceed 30 days.
Should such an appointment need to exceed 30 days, an appropriation for extra -help must be
authorized. Prior to commencement of work, the appointing authority shall obtain approval of the
Director -Human Resources or designee. Any person employed for extra -help shall meet the minimum
qualifications for the class corresponding to the duties of work to be assigned. Extra -help workers
shall be employed at the hourly rate appropriate to the applicant's experience and class proposed for
appointment, as approved by the Director -Human Resources.
Extra -help appointments shall not exceed 125 working days or 1000 hours in any fiscal year unless
the extra help employee is a PERS annuitant, in which case the appointment may not exceed 960
hours in a fiscal year. This limit may only be exceeded under extraordinary circumstances when
pre -approved in writing by the Chief Administrative Officer and does not relieve the appointing
department from compliance with applicable State laws including those pertinent to the enrollment
of extra help employees into the retirement system.
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In accordance with the Board Resolution titled, "Resolution of the County of Butte Regarding
Affordable Care Act -Extra Help Hour Limitation", Extra Help appointments shall not exceed 28
hours in any given work week without the prior expressed written authorization of the Chief
Administrative Officer.
d) Administrative Appointments. All administrative appointments shall be made by the Board.
e) Emergency Appointments. An appointing authority, with the approval of the Director - Human
Resources, may make an emergency appointment to fill a regular or extra -help position deemed to be
critical and essential to the department when no eligible list or no one who meets the minimum
qualifications is available. Emergency appointments shall be for no longer than thirty (30) days.
f) Nepotism. No appointing authority shall appoint a member of their immediate family within their
department. Further, no appointing authority shall appoint or assign any employee to directly supervise
a member of such employee's immediate family.
g) Underfilling. 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 possesses the current minimum qualifications, if qualified as determined by the Director -
Human Resources. The competitive examination process will not be required to reemploy a qualified
individual on the reemployment list. 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 - reinstatement list exists.
Employees reemployed within twelve (12) 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. The six (6) month delay in the use of vacation accrual
described in section 12.1 does not apply in this situation.
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 I
of the Personnel Rules for specific procedures, as well as a list of classifications that are determined
to be eligible for this procedure.
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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.
NIN
the employee affected by the waiver is currently on the certified eligible list for the position and is
in a reachable score group band;
or
the employee affected by the waiver was selected for the term position through the competitive
recruitment process, including being hired or selected from a certified eligible list, is in a flexibly
staffed term position and was promoted pursuant to the Personnel Rules.
3. The employee affected has either:
Completed one year of service and has received the required performance evaluations as would
any regular -help probationary employee, with a meets or exceeds standards testing.
MIN
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 a one-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 a current County employee 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
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as was held prior to the term assignment. In this event, the time spent in the term position shall count
toward seniority and the probation period of the employee's prior position where the required
probationary period was not completed prior to movement to the term position.
k) Reassignment. When an employee is permanently unable to perform the essential functions of his/her
current position because of a serious health condition or disability, the employee may be reassigned
subject to the following considerations:
1. The employee must be unable to perform the essential functions of his/her position because of a
serious health condition or disability.
2. The employee must be able to perform all of the essential functions of the reassigned position with
or without a reasonable accommodation.
3. The reassigned position must be vacant or soon to be vacant.
4. The employee must meet the minimum qualifications of the reassigned position.
5. The reassigned position does not result in the employee's promotion.
6. With or without a reasonable accommodation, the reassigned position must meet the employee's
functional limitations and/or restrictions as identified by an appropriate health care provider.
All reassignments are made at the direction of the Director -Human Resources, or his/her designee.
Any employee who is reassigned pursuant to this section is not required to submit an application and
participate in the competitive recruitment and selection process. Employees who are reassigned begin
at a place on the Salary Range of the reassigned position as determined by the Director -Human
Resources. The Director -Human Resources shall consider the employee's comparable job experience
in the position to which the employee is being assigned.
7 CONDITIONS OF EMPLOYMENT
7.1 STATUS OF ADMINISTRATIVE APPOINTEES
Appointed department heads shall serve at the will of the Board subject to the conditions of applicable
contracts, regulations, or law. Other employees may also serve at the will of the appointing authority as
provided by state law.
7.2 PROBATIONARY PERIOD OF NEW EMPLOYEES
All new regular employees shall serve a (12) twelve-month probationary period, however, sworn
personnel first hired by the Sheriff s Department in the classification of Deputy Sheriff on or after January
1, 2018 shall serve an eighteen (18) 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 or 18 -month probation in order to gain permanent employee status and
property rights. The individual must complete a concurrent 6 -month promotional probationary period. If
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the individual does not pass the promotional probationary period, and the initial -hire twelve or eighteen
months have passed, that individual may voluntarily "bump" back to the original classification of hire.
If an individual who would otherwise be terminated in an initial -hire probationary period voluntarily
demotes to another classification, a new six-month probation must be served in the new classification
from the date of transfer. Failure to pass this probationary period will result in separation from
employment.
Except for allegations of discrimination raised pursuant to 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 Director - Human Resources and the employee shall be granted
permanent status and may enjoy such privileges as are set forth in these rules. Should the appointing
authority fail to perform the employee's probationary review at the end of the probationary period, the
employee shall automatically be granted permanent status. A provisional employee in a class, who is
subsequently appointed to that class as a probationary employee without break in service, shall have the
time served as a provisional employee applied to fulfillment of the required probationary period.
7.2.1 EXTENSION OF PROBATIONARY PERIOD
The initial hire probationary period or a promotional probationary period or lateral transfer (to a different
classification) probationary period may be extended due to a personal illness (this may include time off
due to pregnancy) or to care for a critically ill family member. The minimum amount of time that a
probationary period may be extended under this policy is two full and consecutive pay periods with the
understanding that an extension of probation is calculated in biweekly increments. The individual's merit
date will be extended proportionate to the extension of the probationary period.
Either an appointing authority, or designee, or a qualifying employee may request an extension, but in any
event the prescribed form must be signed by the employee and appointing authority.
Under such approved circumstances, and upon the employee's return to work, the probationary period
will be extended by an amount of time equal to the period of time that the employee is absent under this
policy. Said employee's merit advancement date shall also be adjusted accordingly.
If the employee returns to work at a date that is neither the first day nor the last day of a full pay period,
the extended probationary period will be calculated by rounding to the first day of the closest full pay
period.
Benefits and seniority will not accrue during an absence under this policy except for any time that the
employee is on paid leave.
If it becomes necessary to extend the approved leave of absence under this policy, an appointing authority
or designee at their sole discretion may approve the extension if the employee submits a signed, dated,
note from a medical care provider indicating a specific anticipated date of return. Such extensions are not
automatic and are subject to approval by the appointing authority or designee. Upon return to work, the
employee's probationary period will be extended as described above.
A signed copy of the required form shall be maintained in the individual's personnel file located in the
Human Resources Office.
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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 Correctional Deputy and Public Safety Dispatcher who shall
serve a 12month probationary period. An employee who is promoted to the class of Deputy Sheriff hired
after January 1, 2018 shall serve an eighteen (18) 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 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 PERIOD OF DEMOTED EMPLOYEES
An employee who voluntarily demotes to a classification with a lower salary range shall not be required
to serve a new probationary period provided the employee held permanent status in an equivalent or higher
class level. Employees who have not held permanent status and who voluntarily demote while on
probation must complete the probationary period in the lower classification.
7.5 HOURS OF WORK
The normal work period shall be eighty (80) hours per biweekly pay period for each full-time employee.
Appointing authorities shall schedule the employee's hours in such a manner as to maintain County offices
open for business 8:00 a.m. to 5:00 p.m. each day of the year except Saturdays, Sundays, and holidays.
Departments which necessitate a different daily operation schedule shall maintain and post an employee
assignment schedule. No employee, except in the case of emergency, shall be required to work a different
schedule than assigned unless the employee has been notified at least ten (10) days in advance of the
change in the work schedule.
7.6 ATTENDANCE
Employees shall be in attendance at their work in accordance with the rules regarding hours of work,
holidays, and leaves. All appointing authorities shall keep daily attendance records of employees. The
Director - Human Resources may establish procedures for reporting such attendance records to the Human
Resources Department.
7.7 POLITICAL ACTIVITIES
All employees shall comply with the applicable provisions of county, state, and federal law, including the
County Charter and the Federal Hatch Act, which specifically controls employees' political activities.
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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 inform the appointing authority in advance of the nature of
such employment. The appointing authority, after making a determination whether or not such
employment is in conflict with County employment, may approve or disapprove the employee's request
for outside employment. A copy of the approval or disapproval shall be forwarded to the Director - Human
Resources to be included in the employee's personnel file. Regular employees of any County department
may be employed as extra -help employees (unless in the same occupational field) in the same or any other
County department with the approval of all involved department heads and the Director - Human
Resources. Hours worked as extra -help shall not count for retirement purposes, seniority purposes, or
overtime computation purposes.
7.9 PERFORMANCE REVIEW
The appointing authority or a designated representative shall by the employee's performance review date,
conduct a scheduled performance evaluation of each regular -help employee. Performance evaluations
shall be in writing on forms prescribed by the Director - Human Resources. A performance evaluation
shall provide recognition of effective performance and also identify areas which need improvement. The
performance evaluation shall be discussed with the employee. A copy of the performance review form
shall be given to the employee and the original copy forwarded to the Director - Human Resources to be
placed in the employee's personnel file. Unscheduled performance evaluations may be made at the
discretion of the appointing authority or a designated representative.
7.10 PROMOTION AND VOLUNTARY DEMOTION
The Director - Human Resources and appointing authorities shall inform employees of opportunities for
promotion to more responsible positions in the merit system. All employees in the classified service shall
be entitled to necessary time off with pay for the purpose of taking qualifying or promotional examinations
conducted by the Director - Human Resources. Satisfactory performance for the County shall be an
important consideration in reviewing qualifications of an applicant certified on an eligibility list for
promotion. A regular employee may request a voluntary demotion to any vacant position within the
County merit system for which the employee meets the minimum qualifications as determined by the
Director - Human Resources. Upon approval of the appointing authority, a voluntary demotion request
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 for promotion to a class in which
permanent status was held or a lower class for which the employee qualifies. Such employees need not
be on an eligibility list to be considered for promotion as indicated above except when a valid layoff
reinstatement list exists for the class of vacancy.
A person promoted under this section shall serve a new probationary period and shall be governed by the
promotional pay provisions of these rules. The Director - Human Resources shall establish forms and
procedures for the purpose of carrying out the provisions of this section.
7.11 NOTICE OF DISCIPLINARY ACTION
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An appointing authority or designee who proposes to take disciplinary action against a regular employee
of a suspension without pay that is greater than five (5) days, shall first serve the employee with notice of
the proposed discipline including the right to respond to the appointing authority prior to the effective date
of the action being taken. The notice shall be served at least seven (7) days prior to the effective day of
the action and shall be served on the employee personally or by certified mail. If the employee is
personally served, the date of service shall be considered the first day of notification. If the employee is
served by certified mail, neither the day of the mailing nor the following calendar day shall be considered
in the seven (7) calendar days for notification purposes.
The notice shall clearly specify the action taken, the reason for the action including the particular facts
and specific incident(s) involved, the effective date(s) of the action, and, in cases of demotion, shall
contain a statement as to the wages and duties of the new position. The notice shall also advise the
employee that a copy of the material upon which the action taken is based is attached or available for
review upon request during normal business hours; of the right to be represented and to respond verbally
or in writing to the appointing authority or designated representative prior to the effective date of the
action; and of the right to appeal the action and the time within which the appeal may be made.
An appointing authority or designated representative taking disciplinary action against an employee may,
when it is necessary for the operation of the department or to conduct an investigation into the allegations,
assign the employee to less critical duties during the review period. When extraordinary circumstances
exist that require the immediate removal of the employee from the premises, an appointing authority or
designated representative may place the employee on paid administrative leave, subject to call. A copy
of all notices and written responses shall be forwarded to the Director - Human Resources.
7.12 MEDICAL DEMOTION, MEDICAL TRANSFER, MEDICAL TERMINATION, OR MEDICAL
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
essential functions of the employee's present position or any other available position, with or without
reasonable accommodation„ the employee may be terminated. Such terminations shall be made in
consultation with the Director -Human Resources. 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.
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The Director - Human Resources may make applications on behalf of Butte County for disability
retirement for all employees regardless of classification and may initiate requests for reinstatement of such
employees who are retired for disability.
The Director - Human Resources shall make determinations, under the applicable sections of the
Government Code, on behalf of Butte County, of disability, and whether such disability is industrial -
related, for employees classified as local safety members. The Director - Human Resources shall certify
such determinations and other necessary information to the Public Employees' Retirement System.
7.13 WRITTEN REPRIMAND REMOVAL
Upon the employee's request and five (5) years from its effective date, a written reprimand in an
employee's personnel file shall be permanently removed, given there has been no other disciplinary
actions taken against the employee during that five (5) year period, or unsatisfactory overall performance
evaluations. In the absence of any performance evaluation during this five (5) year period, performance
will be considered as having met standards. Such a request shall be promptly honored and a statement
verifying the permanent removal of the reprimand shall be provided to the employee. Neither the employee
request for such a removal, nor the statement verifying the removal, shall be placed in the employee's
personnel file. Notwithstanding the above, written reprimands that are a result of a violation of civil rights,
HIPAA, violation of patient standard of care or rights, harassment or discrimination will not be removed
from employee personnel files.
7.14 LAYOFF
See Appendix III.
7.15 SEPARATION
An employee intending to voluntarily separate from county service shall submit said notice in writing
and/or email to the immediate supervisor, the Appointing Authority, and/or the Department of Human
Resources 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. 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 maybe allowed provided that no vacancy
announcements or notices for the anticipated vacancy have been released or recruitment has
otherwise been undertaken by the Human Resources Department. In the event of unusual
circumstances and at the discretion of the appointing authority and the Director — Human
Resources, an employee may be allowed to change the effective date or rescind the notice
subsequent to onset of recruitment.
C. 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.
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8 ALCOHOL AND DRUG ABUSE POLICY
See Appendix IV.
9 EMPLOYEE SAFETY
9.1 SAFETY PROGRAM
a) Purpose. The purpose of the Safety Program is to safeguard the lives of county employees by providing a
safe work environment and require that employees follow safe work methods. Therefore, it shall be the
policy of the County of Butte that each county department establish and maintain a safety and accident
prevention program. Accident prevention shall be the direct responsibility of each official (whether elected
or appointed), appointing authority, manager, supervisor, and employee of this county. Each appointing
authority shall be responsible for motivating employees to practice safe work habits. Each employee is
responsible for compliance with safety regulations and procedures.
b) Objective. The Butte County Safety Program is established to eliminate and prevent accidents.
Accidents can be eliminated and prevented by stopping the unsafe acts of individuals and removing
unsafe working conditions. The success of this program can be achieved by the complete
understanding for its need and the positive support for its implementation by all county officials,
supervisors, and employees.
c) Plan. In order to fulfill the program objective, each department shall initiate a safety program.
d) Authority. Senate Bill 198 which was passed in 1989 included a number of significant changes
regarding safety and health in the workplace in California, the most significant of which added Labor
Code Section 6401.7.
The California Code of Regulations, Title 8, Section 1509(2) of the Construction Orders, Section 3203
of the General Industry Safety Orders, and Labor Code Section 6401.7 directed the California
Occupational Safety and Health Standards Board to adopt new regulatory requirements regarding an
occupational injury and illness prevention program. On July 1, 1991, every employer in California
was required to have a written injury and illness prevention program, with no exceptions to this
requirement.
e) Policy. The Board of Supervisors adopted the Injury and Illness Prevention Program on June 25, 1991.
The policy adopted by the Board of Supervisors defined the County's Injury and Illness Prevention
Program for compliance with the provisions of the California Code of Regulations and the California
Labor Code.
The Injury and Illness Prevention Program adopted by Resolution 91-77 has been disseminated to all
responsible parties.
The Chief Administrative Officer is responsible for the Injury and Illness Prevention Program for
Butte County employees. This responsibility has been delegated to each department head, and/or
appointing authority.
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It is the responsibility of these persons to ensure the overall implementation of the Injury and Illness
Prevention Program by directing the tasks identified in the plan.
9.2 VIOLENCE IN THE WORKPLACE
See Appendix V.
9.3 SAFETY FOOTWEAR
See Appendix VI.
9.4 VOLUNTEERS, BOARDS, AND COMMISSIONS
All volunteers, board members, and commission members who are performing non -paid authorized
service for Butte County pursuant to county and state law, are covered by the County's Workers'
Compensation Insurance Policy while performing such service.
9.5 TRUCK DRIVER PHYSICAL EXAMINATIONS
Employees of any department who are required to possess motor vehicle Class B and Class A 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.
9.6 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 shall pay deductible expenses to a maximum of five hundred dollars ($500.00) when
employees, using their own vehicles, are involved in an accident on County business, except in cases
where the accident was caused by the gross negligence of the employee. Reimbursement for the use of
an employee's private vehicle on county business is provided for in these rules. Such mileage
reimbursement includes maintenance, repair, and insurance costs.
Each appointing authority shall approve or deny employee claims based on the following reimbursement
schedule and establish procedures to verify claims and notify the claimant of the decision:
Reimbursement for trades or crafts tools will be at full comparable replacement value and shall be limited
to those items which appear on a written inventory of tools required by the appointing authority to be
supplied by the employee for use in work. For each incident, a deductible of ($50) fifty dollars shall be
applied to each employee's loss.
If stolen tools are recovered in an undamaged condition and replacement tools have been secured, the
employee shall return to the County the replacement tools. When the replacement tools are returned to
the County, the employee shall receive from the County a ($50) fifty -dollar deductible. If replacement
tools have not been secured, the employee shall return all reimbursement funds received from the County.
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Reimbursement for personal prostheses such as hearing aids or corrective lenses, will be at comparable
replacement cost of such items damaged beyond repair and the repair cost of items that are repairable.
The amount of reimbursement shall not include the cost of fittings or examinations.
Jewelry items do not come within the definition of property as set forth in the Government Code.
Therefore, no reimbursement will be made for damaged or lost jewelry items. Reimbursement for
damaged or lost watches is limited to the functional value of the watch, not to exceed ($70) seventy dollars.
The amount of reimbursement for damaged articles of clothing will be determined by the following
formula based on the comparable replacement cost, the age, the life expectancy, and the condition of the
damaged article:
LIFE EXPECTANCY RATES
MEN'S WEAR
ITEM
RATE (yrs)
1)
Coats & Jackets
4
4
Leather & Suede
5
2)
Hats
2
3)
Neckties
2
4)
Rainwear
100%
100%
Plastic
2
4-10
Fabric
4
5)
Shoes
3
6)
Shirts
3
7)
Slacks
4
8)
Sport Coats
5
9)
Suits
4
10)
Sweaters
4
11)
Underwear
2
12)
Work Clothes
3
WOMEN'S WEAR
ITEM
1) Blouses
2) Coats & Jackets
Leather & Suede
3)
4)
5)
6)
7)
8)
9)
10)
RATE (yrs)
3
4
5
Dresses 5
Rainwear
Plastic
Fabric
Shoes
Shirts
Slacks
Suits
Sweaters
Underwear
Slips
Foundation Garments
Panties
CALCULATION OF CLAIMS REIMBURSEMENT VALUES
Life Expectancy Rating of Article
2
4
2
5
3
5
4
2
1
1
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%
40%
30%
11-13
19-25
28-37
37-49
46-61
30%
20%
15%
13+
25+
37+
49+
61+
20%
15%
10%
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An employee shall report loss or damage of personal property to the appointing authority using the county
accident report form. Damaged articles for which reimbursement is made may be required to be
surrendered to the appointing authority, and shall be disposed of in a manner approved by the Purchasing
Agent.
The appointing authority shall conduct a complete investigation of the incident and damage to include
interviewing claimant and any witnesses, inspecting damaged property when applicable, and evaluating
the condition of the article in accordance with the reimbursement schedule. Based on the investigation,
the appointing authority shall in writing approve, deny, or modify the claim.
Reimbursement cost authorized under the rules shall be submitted by claim to the Auditor by the
appointing authority and charged to the department to which the employee was assigned at the time of the
loss.
No reimbursement is authorized for loss or damage primarily attributable to the claimant's own negligence
or to normal wear and tear or for claims filed after 30 days of the loss or damage or the employee's
knowledge of such loss or damage.
9.7 ELECTRICAL OUTAGES
In the event of a loss of electrical power, any decision to close a County work site must be made by the
department head or designee; but in no event will employees be required to remain at the workplace if to
do so would jeopardize individual health or safety.
Employees must remain at work if electrical outages are one to two hours in length during the regular
work schedule, unless to do so would jeopardize employee health or safety. In buildings without
generators, alternate lighting sources such as battery lanterns, light sticks and such will be used. If
service to the public cannot be reasonably provided after two hours, the Chief Administrative Officer
may make the decision to close a building to the public, deploy the employees to generator -powered
buildings, or to send employees home.
In the event that it is no 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:
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
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circumstance arise. Employees who seek approval to leave work without having been ordered
to, shall use appropriate leave time for the time off.
Regular employees who are sent home, and who are not called back to work that day will be
expected to return to work at their regularly scheduled work time on the next scheduled workday.
If the work site closure extends beyond the first work day of closure, employees are expected to
remain ready and available for assignment to their original or another County work site as quickly
as possible.
9.8 DISASTER PROCEDURE
In the event that there is a disaster or major infrastructure failure, the Department Head shall confer with
the County Chief Administrative Officer's office to determine whether to continue business operations.
10 EMPLOYEE RELATIONS
10.1 STATEMENT OF PURPOSE
These rules implement Chapter 10, Division 4, Title 1 of the Government Code of the State of California
(Sections 3500 et seq.) captioned "Local Public Employee Organizations," by providing orderly
procedures for the administration of employer-employee relations between the County and its employee
organizations.
However, nothing contained herein shall be deemed to supersede the provisions of the state law, County
(Charter), ordinances, and rules which establish and regulate the merit and civil service system, or which
provide for other methods of administering employer-employee relations. These rules are intended,
instead, to strengthen merit, civil service, and other methods of administering employer-employee
relations through the establishment of uniform and orderly methods of communications between
employees, employee organizations, and the County. It is the purpose of these rules to provide procedures
for meeting and conferring in good faith with Recognized Employee Organizations regarding matters that
directly affect and primarily involve the wages, hours, and other terms and conditions of employment of
employees in appropriate units and that are not preempted by federal or state law (or the County Charter).
However, nothing herein shall be construed to restrict any legal or inherent exclusive county rights with
respect to matters of general legislative or managerial policy, which include, among others: the exclusive
right to determine the mission of its constituent departments, commissions, and boards; to set standards
of service; to determine the procedures and standards of selection for employment; direct its employees;
take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate
reasons; maintain the efficiency of governmental operations; determine the methods, means, and
personnel by which government operations are to be conducted; take all necessary actions to carry out its
mission in emergencies; and exercise complete control and 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:
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a) Name and address of the employee organization.
b) Names and titles of its officers.
c) Names of employee organization representatives who are authorized to speak on behalf of the
organization.
d) A statement that the employee organization has as one of its primary purposes representing employees
in their employment relations with the County.
e) A statement as to whether the employee organization is a chapter of, or affiliated directly or indirectly
in any manner with, a local, regional, state, national, or international organization and if so, the name
and address of each such other organization.
f) Certified copies of the employee organization's constitution and by-laws.
g) A designation of those persons, not exceeding (2) two in number, and their addresses, to whom notice
sent by regular United States mail will be deemed sufficient notice on the employee organization for
any purpose.
h) A statement that the employee organization has no restriction on membership based on race, national
origin, politics, religion, age, sex, marital status, or handicap.
i) The job classifications or titles of employees in the unit claimed to be appropriate and the approximate
number of member employees therein.
j) A statement that the employee organization has in its possession proof of employee support as herein
defined to establish that a majority of the employees in the unit claimed to be appropriate have
designated the employee organization to represent them in their employment relations with the
County. Such written proof shall be submitted for confirmation to the Employee Relations Officer or
to a mutually agreed upon disinterested third party.
k) A request that the Employee Relations Officer formally acknowledge the petitioner as the Recognized
Employee Organization representing the employees in the unit claimed to be appropriate for the
purpose of meeting and conferring in good faith. The petition, including the proof of employee support
and all accompanying documentation, shall be declared to be true, correct, and complete, under
affirmation, by the duly authorized officer(s) of the employee organization executing it.
10.3 COUNTY RESPONSE TO RECOGNITION PETITION
Upon receipt of the petition, the Employee Relations Officer shall determine whether:
a) There has been compliance with the requirements of the Recognition Petition; and
b) The proposed representation unit is an appropriate unit in accordance with these rules.
c) If an affirmative determination is made by the Employee Relations Officer on the foregoing (2) two
matters, the Employee Relations Officer shall so inform the petitioning employee organization, shall
give written notice of such request for recognition to the employees in the unit, and shall take no action
on said request for (30) thirty days thereafter. If either of the foregoing matters is not affirmatively
determined, the Employee Relations Officer shall offer to consult thereon with such petitioning
employee organization, and, if such determination thereafter remains unchanged, shall inform that
organization of the reasons therefore in writing. The petitioning employee organization may appeal
such determination in accordance with these rules.
10.4 OPEN PERIOD FOR FILING, CHALLENGING PETITION
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Within thirty (30) days of the date written notice was given to affected employees that a valid recognition
petition for an appropriate unit has been filed, any other employee organization may file a competing
request to be formally acknowledged as the Recognized Employee Organization of the employees in the
same or in an overlapping unit (one which corresponds with respect to some but not all the classifications
or positions set forth in the recognition petition being challenged) by filing a petition evidencing proof of
employee support in the unit claimed to be appropriate of at least thirty (30) percent and otherwise in the
same form and manner as set forth in these rules.
If such challenging petition seeks establishment of an overlapping unit, the Employee Relations Officer
shall call for a hearing on such overlapping petitions for the purpose of ascertaining the more appropriate
unit, at which time the petitioning employee organizations shall be heard. Thereafter, the Employee
Relations Officer shall determine the appropriate unit or units in accordance with the standards in these
rules. The petitioning employee organizations shall have (15) fifteen days from the date of notice of such
determination is communicated to them by the Employee Relations Officer to amend their petitions to
conform to such determination or to appeal such determination pursuant to these rules.
10.5 ELECTION PROCEDURE
The Employee Relations Officer may consult with the recognized employee organization(s) in arranging
for a secret ballot election. However, to ensure a prompt election procedure the Employee Relations
Officer may directly arrange for a neutral third party to conduct the secret ballot election in accordance
with generally recognized employee election 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 (15) days before the date the election
commences, including those who did not work during such period because of illness, vacation, or other
authorized leaves of absence, and who are employed by the County in the same unit on the date of the
election.
An employee organization shall be formally acknowledged as the Recognized Employee Organization for
the designated appropriate unit following an election or run-off election if it received a numerical majority
of all valid votes cast in the election. In an election involving three (3) or more choices, where none of
the choices receives a majority of the valid votes cast, a run-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. Costs of conducting
elections shall be borne in equal shares by the County and by each employee organization appearing on
the ballot.
10.6 PROCEDURE FOR DECERTIFICATION OF RECOGNIZED EMPLOYEE ORGANIZATION
A Decertification Petition alleging that the incumbent Recognized Employee Organization no longer
represents a majority of the employees in an established appropriate unit may only be filed with the
Employee Relations Officer 1) during the thirty (30) day period commencing one hundred eighty (180)
days prior to the termination date of a Memorandum of Understanding or 2) at any time after the
Memorandum of Understanding for the bargaining unit has expired and the parties have not ratified a
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Personnel Rules Revision- November 2020
successor Memorandum of Understanding.
A Decertification Petition may be filed by two (2) or more employees or their representative, or an
employee organization, and shall contain the following information and documentation declared by the
duly authorized signatory under penalty of perjury to be true, correct, and complete:
a) The name, address, and telephone numbers of the petitioners and a designated representative
authorized to receive notices or requests for further information.
b) The name of the established appropriate unit and of the incumbent Recognized Employee
Organization sought to be decertified as the representative of that unit.
c) An allegation that the incumbent Recognized Employee Organization no longer represents a
majority of the employees in the appropriate unit, and any other relevant and material facts relating
thereto.
d) Proof of employee support that at least (30) thirty percent of the employees in the established
appropriate unit no longer desire to be represented by the incumbent Recognized Employee
Organization. Such proof shall be submitted for confirmation to the Employee Relations Officer
or to a mutually agreed upon disinterested third party within the time limits specified in these rules.
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 Decertification Petition requirements
hereunder, file a petition under this section in the form of a Recognition Petition that evidences
proof of employee support of at least (30) thirty percent, and otherwise conforms to the
requirements of these rules.
f) The Employee Relations Officer shall initially determine whether the petition has been filed in
compliance with the applicable provisions of these rules. If the determination is in the negative,
the Employee Relations Officer shall offer to consult thereon with the representative(s) of such
petitioning employees or employee organization, and if such determination thereafter remains
unchanged, shall return such petition to the employees or employee organization with a statement
of the reasons therefore in writing. The petitioning employees or employee organization may
appeal such determination in accordance with these rules.
g) If the determination of the Employee Relations Officer is in the affirmative, or if the negative
determination is reversed on appeal, the Employee Relations Officer shall give written notice of
such 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 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 share an identifiable
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Personnel Rules Revision- November 2020
community of interest. Factors to be considered shall be:
a) Similarity of the general kinds of work performed, types of qualifications required, and general
working conditions.
b) History of representation in the County and similar employment; except however, that no unit shall be
deemed to be an appropriate unit solely on the basis of the extent to which employees in the proposed
unit have organized.
c) Consistency with the organizational patterns of the County.
d) Number of employees and classifications and the effect on the administration of employer-employee
relations of dividing a single or related classification among (2) two or more units.
e) Notwithstanding the foregoing provisions of these rules, each appointed department head, as
designated in the salary ordinance, shall be excluded from representation in any unit. Management,
confidential, and supervisory employees may be included in units consisting of other management,
confidential, and/or supervisory employees.
f) The Employee Relations Officer shall, after notice to and consultation with affected employee
organizations, allocate new classifications or positions to, and delete eliminated classifications or
positions from units, in accordance with the provisions of this section.
10.8 PROCEDURE FOR MODIFICATION OF ESTABLISHED APPROPRIATE UNITS
Requests by employee organizations for modifications of established appropriate units may be considered
by the Employee Relations Officer only during the period specified in these rules. Such requests shall be
submitted in the form of a Recognition Petition, and in addition to the requirements set forth in these rules,
shall contain a complete statement of all relevant facts and citations in support of the proposed modified
unit in terms of the policies and standards set forth in these rules. The Employee Relations Officer shall
process such petitions as other Recognition Petitions under these rules.
The Employee Relations Officer may propose, during the period specified in these rules, that an
established unit be modified. The Employee Relations Officer shall give written notice of the proposed
modification(s) to any affected employee organization and shall hold a meeting concerning the proposed
modification(s), at which time all affected employee organizations shall be heard. Thereafter the
Employee Relations Officer shall determine the composition of the appropriate unit or units in accordance
with these rules, and shall give written notice of such determination to the affected employee
organizations. The Employee Relations Officer's determination may be appealed as provided by these
rules. If a unit is modified pursuant to the motion of the Employee Relations Officer hereunder, employee
organizations may thereafter file Recognition Petitions seeking to become the Recognized Employee
Organization for such new appropriate unit or units pursuant to these rules.
10.9 APPEALS
An employee organization aggrieved by an appropriate unit determination of the Employee Relations
Officer under these rules may, within ten (10) days of notice thereof, request the intervention of the
California State Conciliation Service pursuant to Government Code Sections 3507.1 and 3507.3, or may,
in lieu thereof or thereafter, appeal such determination to the Board for final decision within fifteen (15)
days of notice of the Employee Relations Officer's determination or the termination of proceedings
pursuant to Government Code Sections 3507.1 or 3507.3, whichever is later.
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Personnel Rules Revision- November 2020
An employee organization aggrieved by a determination of the Employee Relations Officer that a
Recognition Petition, Challenging Petition or Decertification of Recognition Petition, or employees
aggrieved by a determination of the Employee Relations Officer that a Decertification Petition, has not
been filed in compliance with the applicable provisions of these rules, may, within fifteen (15) days of
notice of such determination, appeal the determination to the Board for final decision.
Appeals to the Board shall be filed in writing with the Clerk of the Board, and a copy thereof served on
the Employee Relations Officer. The Board shall commence to consider the matter within thirty (30) days
of the filing of the appeal. The Board may, in its discretion, refer the dispute to a third party hearing
process. Any decision of the Board on the use of such procedure, and/or any decision of the Board
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 and/or
applicable administrative procedures.
10.12 EMPLOYEE ORGANIZATION ACTIVITIES -USE OF COUNTY RESOURCES
Access to county work locations and the use of county paid time, facilities, equipment, and other resources
by employee organizations and those representing them shall be authorized only to the extent provided
for in Memorandum of Understanding and/or administrative procedures, shall be limited to activities
pertaining directly to the employer-employee relationship and not such internal employee organization
business as soliciting membership, campaigning for office, organization meetings, and elections, and shall
not interfere with the efficiency, safety, and security of county operations.
10.13 ADMINISTRATIVE RULES AND PROCEDURES
The Employee Relations Officer is hereby authorized to establish such rules and procedures as appropriate
to implement and administer the provisions of these rules after consultation with affected employee
organizations.
10.14 INITIATION OF IMPASSE PROCEDURES
If the meet and confer process has reached impasse as defined in these rules, either party may initiate the
impasse procedures by filing with the other party a written request for an impasse meeting, together with
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Personnel Rules Revision- November 2020
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 IWASSE 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 forty five (45) days after the mediator
commenced meeting with the parties, the employee organization may submit the impasse to fact-
finding in accordance with applicable law.
If the impasse is not resolved through mediation, fact finding and/or any other impasse procedures, the
Board shall take such action regarding the impasse as, in its discretion, it deems appropriate as being in
the public interest. Any legislative action by the Board on the impasse shall be final and binding.
10.16 COSTS OF IMPASSE PROCEDURES
The costs for the services of a mediator and fact -finder or chairman of a fact-finding panel utilized by the
parties, and other mutually incurred costs of mediation and fact-finding, shall be borne equally by the
County and the Recognized Employee Organization. The cost for a fact-finding panel member selected
by each party, and other separately incurred costs, shall be borne by such party.
10.17 CONSTRUCTION
These rules shall be administered and construed as follows:
a) Nothing in these rules shall be construed to deny to any person, employee, organization, the County,
or any authorized officer, body, or other representative of the County, the rights, powers, and authority
granted by federal or state law (or County Charter provisions).
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.
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10. 18 SEVERABILITY
If any provision of these rules, or the application of such provision to any person or circumstance, shall
be held invalid, the remainder of these rules, or the application of such provision to persons or
circumstances other than those as to which it is held invalid, shall not be affected thereby.
11 COMPENSATION
11.1 PREPARATION OF COMPENSATION PLAN
The Director - Human Resources may prepare a compensation plan covering positions in the classified
service. The Director - Human Resources shall consider the following:
a) Unless specified in individual memoranda of understandings, the rates of pay for comparable work
under comparable working conditions in the counties of: El Dorado, Nevada, Placer, Plumas, Shasta,
Sutter, Yolo, Yuba and local prevailing pay practices when applicable.
b) The Consumer Price Index data as published by the Bureau of Labor Statistics for the United States
Western Cities, 1967 Base Year.
c) The achievement of equitable relationships between the various classes of positions in the classified
service in accordance with their relative difficulty and responsibility.
d) The recent experience of the County in attracting and retaining personnel in the various classes of
positions in the classified service after extensive recruitment efforts have been made.
e) The comments of employees, recognized employee organizations, and management regarding the
adequacy and equity of the current compensation and fringe benefit plans.
f) The ability of the County to finance adjustments in the compensation and fringe benefit plans.
11.2 ADOPTION OF COMPENSATION PLAN
The Board shall annually adopt a compensation plan for County employees.
11.3 APPLICATION OF COMPENSATION RATES
An employee shall be paid a salary or wage within the range or rate or equivalent hourly rate, established
for the class of position to which the person has been appointed as provided in the salary ordinance, except
as provided by these rules.
11.4 COMPENSATION PAYMENT SCHEDULE
a) Schedule of Payment. Notwithstanding any provisions of the Personnel Rules to the contrary,
adjustments to the biweekly salaries for rates shown in those sections of the salary schedule which
outline the salary plans for classified positions represented by the County's recognized bargaining
units, and those sections which outline the salary plans for appointed department heads, elected
department heads, and appointed officials shall be rounded to the nearest whole cent. The biweekly
rate for classified positions presented by the County's recognized bargaining units shall be calculated
by multiplying the hourly rate (which is rounded to the hundredth of a cent) by eighty (80) hours.
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For the purpose of setting pay periods throughout the year beginning January 1, 1972, each biweekly
pay period will commence on Saturday at 12:01 a.m. and will end at 12:00 midnight on the second
Friday following. Each fourteen (14) day biweekly period will normally encompass ten (10) assigned
compensated days including holidays for regular employees.
Regular employees performing less than full-time services during any biweekly period shall be
compensated on a prorated basis, the ratio being the percentage of time worked to the aforesaid
biweekly period. Extra -help employees shall be paid on an hourly basis for hours actually worked.
Said hourly rates shall be computed by dividing the biweekly rate for the assigned classification by
the eighty (80) hours and rounded off to the nearest 1 (one) cent.
b) Certification. Each appointing authority shall at the time the payroll is submitted to the Human
Resources Department certify that each employee has performed all services required. The Human
Resources Department 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 Chief Financial Officer shall determine and certify the payroll of the employees of the
Human Resources Department 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 Human Resources
Department who shall issue a warrant upon the receipt of an action form approved by the Director -
Human Resources.
11.5 COMPENSATION AT HIRING
a) New Employees. All newly appointed regular employees shall be paid at the first step of the salary
range for the class of position to which the employee is appointed unless otherwise specified in these
rules. Extra -help employees are typically compensated at the hourly rate of the first step of the salary
range of the position to which they are appointed.
b) Advanced Step Hiring. An appointing authority may place a newly appointed regular employee up to
step 3 of the designated salary range, with documentation provided to Human Resources
demonstrating that the employee's experience and education exceeds that of the minimum
qualifications in the j ob specification prior to giving the applicant a Conditional Offer of Employment.
The appointing authority may hire above step 3 with recommendation from Human Resources and
Chief Administrative Officer approval.
Medical classifications that include physicians, psychologists, nurses, therapists, and Mental Health
Clinicians may be hired at any necessary step.
c) Former Employees. A person who previously held permanent status in a class from which the person
was separated in good standing may, when reemployed in a regular -help position in a class with the
same or lower pay range than held at separation, be appointed at the same salary rate which was paid
at the effective date of the person's termination or the nearest lower applicable rate for the class to
which the person is appointed provided such regular reemployment occurs within (12) twelve months
from the date of termination.
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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 Employment Required for Merit Advancement. Unless otherwise specified in these rules,
each employee shall, in addition to the required performance standards, complete the following
required time in regular -help status to be eligible to receive a merit increase.
c) New Employees. A person hired as a new county employee shall have a merit advancement date
which is (1) one year following the appointment date.
d) Promotion or Demotion. An employee who is promoted or demoted shall have a merit advancement
date which shall be (1) one year from the date of promotion or demotion.
e) Lateral Transfer or Voluntary Demotion. An employee who transfers into the same classification as
currently held or who voluntarily demotes to a class of position at a lower salary range shall have no
change in merit advancement date.
f) Lateral Transfer to a Different Classification. An employee who transfers to a different classification
shall have a merit advancement date which is one (1) year following the appointment date. Section 6.7
would not apply in this situation.
g) Change in Range Allocation. If the salary range for an employee's class is changed, the employee's
merit advancement date shall not change.
h) 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.
i) Step Adjustments. An employee whose salary step is adjusted to a higher step within the salary
range shall have a merit advancement date effective one (1) year from the date of adjustment. Out of
sequence step advancements in accordance to Personnel Rules 6.7 shall not change an employee's
merit advancement date.
j) Effective Date. When an employee's merit advancement date falls in the first week of a pay period,
the employee's merit increase shall take place on the first day of that pay period. When an employee's
merit advancement falls in the second week of the pay period, the employee's merit increase will take
place on the first day of the next pay period.
An appointing authority may delay the effective date of a merit advancement up to ninety (90) days
beyond the employee's merit advancement date without affecting the employee's normal merit
advancement date. In case of such delay, the employee's merit advancement shall be effective the
first day of the pay period following the approval of the appointing authority.
If a merit advancement is delayed for performance reasons beyond ninety (90) days from the
employee's merit advancement date, the employee shall not be eligible for a merit increase until the
employee's next normal merit advancement date.
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k) Regular Part -Time Employees. For the purpose of this section regular part-time employees shall be
considered in full-time service and shall be eligible for merit increases at the time prescribed.
11.7 PROMOTION
Regular employees promoted to a position in a class with a higher salary range shall have compensation
set, at a minimum, Step 1 of the new salary range or to the nearest higher step that is within five dollars
($5.00) of a five percent (5%) increase in the biweekly rate whichever is greater. In addition the
Appointing Authority may place newly promoted regular employee up to Step 3 of the designated salary
range (if that amount is in excess of a five percent increase in the employee's biweekly rate), with
documentation provided to Human Resources demonstrating that the employee's experience and
education exceeds that of the minimum qualifications in the j ob specification prior to giving the applicant
a Conditional Offer of Employment. The appointing authority may hire above Step 3 with
recommendation from Human Resources and Chief Administrative Officer approval.
11.8 DEMOTION
Regular employees demoted to a position in a class with a lower salary range may be paid either at a rate
that is (1) one less than the employee's rate before the demotion or at a lesser rate as determined by the
appointing authority.
11.9 LATERAL TRANSFER
Upon the approval of the appointing authority, an employee may transfer into the same classification
within a department or a classification for which the employee meets the minimum qualifications. The
salary range cannot be greater than 4.9% above or below the current salary range of the classification held
by the employee. An employee who laterally transfers shall have a merit advancement date which shall
be (1) one year from the date of transfer, unless the lateral transfer is in the same classification. A
probationary employee must complete the probationary period in the lateral transfer class.
An employee who laterally transfers into a different classification shall serve a (6) six month probationary
period in the new position. There shall be an employee evaluation at/before the three (3) month point of
appointment; however, failure to provide evaluation does not change the probationary status of the
employee. If the employee is rejected during the probationary period in the new position, the employee
shall have the right, in lieu of termination, to voluntarily transfer back to the former class in which
permanent status was held. (if applicable)
An appointing authority shall consider lateral transfer requests from employees 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 employee may submit a request for transfer on a form approved by the Department of Human
Resources. Such requests may be submitted at any time. If and when a vacancy occurs, the submitted
applications shall be considered. Seniority shall be given consideration.
11.10 VOLUNTARY DEMOTION
A regular employee who, upon approval of the appointing authority, voluntarily demotes to a position
having a lower salary range than that held by the employee and for which the employee meets the
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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. Refer
to section 11.6j for effective date of merit increase.
11.11 CHANGE IN RANGE ALLOCATION
The salary step of an employee in a position in a class which is reallocated to a new salary range shall be
adjusted to the corresponding step of the new range. Should the new salary range be less than the
employee's existing range the employee's salary rate shall not be reduced but maintained in a "Y" rate
condition until the employee's merit advancement date or the salary range for the class is increased at
which time the employee's pay rate shall be adjusted to the nearest higher rate in the salary range for the
class.
11.12 POSITION RECLASSIFICATION
Reclassification requests being made pursuant to Section 5.5 of the Personnel Rules shall be considered
by the Human Resources Director and Chief Administrative Officer.
The salary rate of an employee in a position which is reclassified shall be determined as follows:
a) Reclassification & No Change in Salary. If the position is reclassified to a classification at the same
salary range, the employee's salary step shall not change.
b) Reclassification to Position With Higher Salary Range. If the position is reclassified to a classification
with a higher salary range, the employee shall be paid at either the minimum rate of the new range or
at the nearest higher rate of the new range, provided that the new rate is at least a one step increase
that would have been applicable had the employee's classification not changed.
c) Reclassification to Position With Lower Salary Range. If the position is reclassified to a classification
with a lower salary range, the salary rate of the employee shall not be reduced, but shall be maintained
in a "Y" rate condition until the employee's merit advancement date or an adjustment is made to the
salary range for the classification at which time the employee's salary rate shall be adjusted to the
nearest higher rate in the pay range for the class.
d) Change In Classification Title Only. A change in title accompanied by a salary increase but with no
substantive change in the classification or its duties and responsibilities is not subject to receiving a
minimum 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
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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 dept. 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 OVERTIME
The County will comply with the provisions set forth in the Fair Labor Standards Act (FLSA).
Classifications designated as exempt shall not be paid overtime and classifications designated as non-
exempt shall receive overtime pay as applicable.
a) Policy. It is the policy of the Board that overtime work is discouraged, that each appointing authority
is to arrange the work of the department so that employees shall work not more than the standard
departmental work week, that overtime work be held to a minimum consistent with the efficient
performance of necessary functions, and that overtime work be used only for emergencies or when
temporarily using regular employees on an overtime basis can be shown to be more economical than
by using extra help. It is recognized that occasional overtime work may be necessary, and that in such
instances provisions shall be made to authorize, keep records, and compensate employees for such
necessary overtime work.
b) Work Period. The normal biweekly work period shall commence 12:01 a.m. every other Saturday.
Each regular full-time employee shall work eighty (80) hours per biweekly period. The biweekly work
period for alternate work week schedules will be defined upon implementation. For non-exempt
employees who are on a "9/80" work schedule, unless otherwise approved, the normal work week
shall commence 4 hours after the start time of the employee, every other Friday (or Monday, depending
on if the employee takes every other Friday off, or every other Monday). The standard "flex" day for
non-exempt employees are either Friday or Monday.
c) Authorization for Overtime Work. Employees shall be required to work overtime when assigned by
the appointing authority or designated representative. No employee shall work overtime without prior
approval of the appointing authority or designated representative.
Overtime is any work rounded to the nearest fifteen (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, all
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) Overtime Compensation. Except as otherwise provided in these rules, employees shall be paid at one
and one-half times the applicable straight hourly rate or granted the equivalent hours of compensatory
time off. Compensatory time off shall be scheduled at a time mutually agreed upon by the employee
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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.
f) 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.
g) Overtime for Callback. A non-exempt employee who is required to return to work or handle a
telephone call shall be compensated according to the employee's Memorandum of Understanding.
h) Exempt Employees. The overtime provisions of this section shall not apply to department heads or to
designated classifications in positions as defined by FLSA.
i) Extra Help Employees. Extra help employees are eligible for overtime only for those hours worked
over 40 (forty) in a work week.
Except as provided, an incumbent in a regular help position defined as exempt or appointed department
head, shall receive administrative leave in lieu of paid overtime. (Extra help employees are not eligible to
receive Administrative Leave).
Administrative leave in lieu of paid overtime shall be accumulated at a rate as specified in applicable
MOU or Resolution. 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.
11.15 BILINGUAL PAY DIFFERENTIAL
When it has been determined that an employee's use of bilingual language skills or specialized
communication skills is essential and critical for the successful performance of the functions of a county
department, the employee shall receive a pay differential. The amount of pay differential is specified in
each individual MOU. Authorized time off of less than four consecutive weeks shall not affect the
calculation of bi-lingual pay (approved vacation of any length shall not affect the calculation of bilingual
pay). The Director - Human Resources shall formulate policies and procedures for administering the
provisions of this section which will require the written justification by the appointing authority,
verification of the employee's language or communication skill, and procedures for review of continued
need on no less than an annual basis. Extra help shall not be eligible to receive the bilingual pay
differential.
11.16 TEMPORARY ASSIGNMENTS TO HIGHER LEVEL CLASSIFICATIONS
a) General. Employees may be temporarily assigned by the appointing authority or designee to work in
a higher classification. 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 additional ninety (90) day assignment
increments 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
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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 Personnel 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 may be made with the written
authorization of the Director — Human Resources. Assignments to provide required supervisory
coverage for institutions such as the Jail, Juvenile Hall or Mental Health facility may exceed ninety
(90) cumulative days as long as they are not ninety (90) consecutive days for both backfilling and as
a result of vacancies.
d) Other Circumstances. In addition to the circumstances listed in Personnel Rule Section 12.4(f),
Temporary Assignment to Fill a Position, the Chief Administrative Officer may authorize temporary
assignments to higher level classes that would result in a temporary change in the specific allocation
of classes of positions to a department. The purpose of such assignments would be to meet
organizational needs pending changes in the classification plan contained in the Salary Ordinance or
needed to meet a temporary emergency. The same time limits apply as in cases of assignments
approved by the Director — Human Resources, as heretofore provided.
11.17 SHIFT DIFFERENTIAL PAY
A regular employee who is required, as part of a normal work schedule to work a majority of the shift
between the hours of 5:00 p.m. and 7:00 a.m. or the Saturday and Sunday day shift, between 7:00 a.m.
and 5:00 p.m. shall receive, in addition to regular pay, one dollar ($1.00) for each hour for each shift
worked as shift differential compensation. Employees shall not be entitled to shift differential
compensation while on sick leave, vacation, or other paid leaves. The reassignment by the appointing
authority of an employee from a shift covered by differential pay to a shift not covered by differential pay
shall not be considered as a demotion or loss of pay and shall not be subject to the grievance or appeal
process. This assignment will also apply to temporary shift assignment (non -overtime hours) because of
operational need (i.e., emergency flood assignment).
12 BENEFITS
12.1 VACATION LEAVE
Vacation accrual shall be the following for all County employees who are eligible to receive vacation benefits:
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Years of Service
Hours Accrued Per Pay Period
0-4.99
4.616
5-9.99
6.160
10-19.99
7.696
20+
8.312
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.
Vacation will be credited biweekly on a prorated portion of full—time compensated service. Employees
with less than six (6) months of uninterrupted service shall not be entitled to a vacation. Vacation time
off may be requested by the employee subject to the approval of the appointing authority. Such requests
shall be responded to in a timely manner (typically within two weeks). Effective the beginning of the first
pay period commencing the calendar year, an employee's vacation accrual shall not exceed twice the
annual earnings.
Employees becoming seriously ill while on scheduled vacations may request that the hours he/she were
ill be charged against his/her sick leave balance rather than their vacation leave balance. This request may
be made only in the case of serious health condition which required hospital and/or physician treatment
and prevented the employee from carrying on normal activities. Doctor's verification is required.
Upon termination, an employee shall be compensated for all unused vacation accrual.
Vacations shall be taken at the discretion of the appointing authority. A departmental vacation schedule
shall be arranged with time preference given to employees on the basis of seniority. When an employee
is unable to take scheduled vacation during a calendar year due to unusual and extenuating departmental
needs which result in the employee's annual vacation accrual to exceed the maximum limits authorized,
the department head shall advise the Chief Administrative Officer 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 an appointing
authority, 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 -help employees and appointed department heads shall earn sick leave
at a rate of 3.69232 hours (96 hours per year) per biweekly pay period or prorated portion. Unused
sick leave may be accumulated without limitation during a continuous period of employment.
Qualified extra -help employees shall earn sick leave at the applicable accrual rates as required by
California Labor Code.
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.
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As provided for in the Medical Leave Policy, the employee shall provide certification from his/her
health care provider that the employee's absence is medically necessary. An employee out on medical
leave or incidental absences due to illness or medical appointments is required to use sick leave
accruals prior to using any other leave accruals or falling into a non -compensated status. Sick leave
time allowed shall be charged to the employee's accrual and paid at the employee's current rate of
pay. Employees who exhaust sick leave must use other available accruals to the extent allowed by law.
Refer to Medical Leave Policy, Appendix VII for details and exceptions.
b) Reporting Requirement. In those instances when the employee's need for sick leave is not foreseeable,
in order to receive sick leave compensation while absent, the employee shall notify his/her appointing
authority or designated representative via telephone or email no later than one hour after their
scheduled start time unless circumstances make it impossible to provide such notice. If the employee
is unable to speak to their appointing authority or their designated representative, the employee shall
include the following information in their voicemail or email:
1. Approximate duration of absence
2. Work deadlines occurring during the employee's absence
3. A reliable contact telephone number where the employee can be reached during the absence
c) Medical Reports. In cases involving absences of more than seven (7) calendar days, the employee shall
provide certification from his/her health care provider that the employee's absence is medically
necessary as required pursuant to the Medical Leave Policy. The appointing authority may at anytime
require employees to provide a medical certification from their health care provider for any or all
absences when abuse is suspected.
d) Sick Leave Buy Back Option. Upon separation in good standing, an employee who has on accrual
more than two hundred and forty (240) hours of sick leave may be compensated for that portion over
two hundred and forty (240) hours at one-half (1/2) the normal rate of pay for the employee up to a
maximum of three thousand dollars ($3,000). Employees retiring should refer to applicable
memorandum of understanding for sick leave buy back options.
e) Illness in Family. Whenever a regular employee believes it necessary to be absent from duty because
of the illness of an immediate family member, and the illness is not one that qualifies the employee
under the County's Medical Leave Policy, the employee may request permission of the appointing
authority to be absent for not more than eighty (80) hours with pay in a calendar year. Any time off
shall be charged against sick 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 forty (40) hours with pay for each occasion or forty-eight (48) hours for
employees working four (4), regularly scheduled 12 -hour shifts in a seven (7) day calendar period. 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
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of bereavement leave shall be on a case-by-case basis at the sole discretion of the Director — Human
Resources.
12.4 LEAVE OF ABSENCE
An employee may be granted a leave of absence only for good and sufficient reason. All leaves of absence
granted, and return from leaves, are to be documented on Human Resources action forms and filed with
the Director - Human Resources. Should the classification or pay rate of the position held by an employee
on a leave of absence change during the leave, the employee, upon returning from leave, shall be assigned
to the new classification or pay rate.
a) Limited Leave. An appointing authority may grant a regular employee a limited non -compensated
leave of absence not to exceed thirty (30) consecutive days.
b) Extended Leave. An appointing authority may authorize a regular employee an extended non -
compensated leave of absence not to exceed (1) one year. During such leave, the employee shall not
accrue seniority or benefits.
c) Industrial Disability Leave With Pay.
Each regular employee covered by Safety Member Retirement shall be granted by the appointing
authority a paid industrial disability leave as prescribed by California Labor Code 4850 up to one
(1) year from the date of injury or illness. Employees shall be required to reimburse the County
for any and all industrial disability benefits received during the period of Labor Code Section 4850
paid leave. Employees shall accrue full benefits during the period of Labor Code Section 4850
paid leave, except Social Security. Before granting 4850 leave, or authorizing a return to work,
the appointing authority shall consult with the Director - Human Resources.
2. Each regular employee not covered by Labor Code Section 4850, shall be granted an industrial
disability leave in accordance with the following rules:
(a) Employees shall be required to use any accrued leave benefits in order to receive paid leave.
(b) Employees' earnings will be adjusted to the differential between amount paid and any
industrial disability benefits received during the period of paid leave.
(c) Employees shall have leave benefits reinstated in the equivalent value of the disability benefits.
(d) During the period of paid industrial disability leave, employees will continue to accrue full
benefits for vacation, sick leave, and holidays. Benefits for retirement and social security will
be accrued on the salary differential representing the adjusted leave benefits.
d) Industrial Disability Leave Without Pay. Each regular -help employee who is injured or contracts an
industrial illness while on duty shall be granted an unpaid disability leave by the appointing authority
from the time accrued leave benefits are exhausted until the employee is released to return to work or
it is determined by a physician the employee may not return to normal work. Before granting industrial
disability leave, or authorizing a return to work, an appointing authority shall consult with the Director
- Human Resources. Employees shall accrue no benefits while in this status except as provided in these
rules.
e) Military Leave. Military leave shall be granted by the appointing authority in accordance with the
provisions of state and federal laws and Board of Supervisor Policy. All employees entitled to military
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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. An employee with permanent status may be temporarily
assigned to a position held by an employee who is on industrial disability leave, vacation leave, sick
leave, limited leave, extended leave, military leave, jury duty, or compensatory time off.
g) Board Leave. The Board may grant an employee a paid leave of absence of up to one (1) year, or a
non -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 -help employee or appointed department head in a fully
compensated employment status on the assigned work day immediately preceding, and the assigned
work day immediately following, a designated holiday shall be entitled to full compensation for the
designated holiday.
b) Holiday Proration. Employees not fully compensated on the workday before the holiday and the
workday after the holiday will receive pro -rated holiday pay based on compensated hours reported on
those two days. Proration will not apply if an employee is on a reduced work schedule due to an
approved Workers' Compensation claim. If an employee's hire date is the day after a holiday, the
employee shall not be compensated for the holiday regardless if they work their full schedule on the
day following the holiday.
The following holidays are designated:
1)
New Year's Day
2)
Martin Luther King
3)
Washington's Birthday
4)
Cesar Chavez Day
5)
Memorial Day
6)
Independence Day
7)
Labor Day
8)
Veterans Day
9)
Thanksgiving Day
10)
Post -Thanksgiving Day
11)
Christmas Day
January 1
Third Monday in January
Third Monday in February
March 31
Last Monday in May
July 4
First Monday in September
November 11
Designated Thursday in November
Friday following Thanksgiving
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 -help 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 one hundred eighty (180) calendar days following the
designated holiday.
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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.
c) Personal Holidays & Special Vacation Entitlements. Personal holidays and special vacation
entitlements shall be applied as called for in the individually bargained Memoranda of Understanding.
d) Compensation in Lieu of Time Off. Employees shall not be compensated in pay for personal holidays
in lieu of time off. Employees returning from an approved extended leave of absence shall be subject
to this rule.
12.6 JURY AND WITNESS LEAVES
Employees shall notify their appointing authority immediately upon receiving notice of jury duty or call
as a witness for a County -related matter. Regular -help 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.
If an employee normally assigned to any shift except "day shift" is called for jury or witness duty for a
County -related matter and ordered to report, the employee's shift shall be changed to "days" until the duty
obligation has been fulfilled. The supervisor will be flexible in the transition from and back to their normal
shift. If an employee is released from jury or witness duty and has served fewer hours than normally
scheduled for work, such employee shall report to work for the remainder of the shift unless they have
received prior approval for the use of appropriate time off accruals from their supervisor.
12.7 REST BREAKS
Employees may be allowed rest periods of (15) fifteen minutes during the mid-portion of the first and
second half of a shift. Rest periods shall be scheduled in accordance with the requirements of the
department, but in no case shall rest periods be scheduled within (1) one hour of the beginning or ending
of a work shift or lunch period. The appointing authority may designate the time and location or locations
at which rest periods may be taken. Rest periods shall be considered hours worked and employees may
be required to perform duties, if necessary.
12.8 RETIREMENT
Regular employees and appointed department heads holding county employment shall be members of the
Public Employees' Retirement System. Elected officials may be members as provided by law and the
terms of the contract in effect between the County and the Public Employees' Retirement System. The
Board may amend the contract as provided by law. The Director - Human Resources shall advise the
Board regarding policy matters concerning the contract or amendments to it. Hourly rated extra -help
employees shall not be eligible for retirement benefits.
12.9 RELEASE TIME FOR WORKSHOPS
Reasonable release time will be granted for qualified employees to attend on-site County -sponsored PERS
and Deferred Compensation (457 Plan) meetings and any other County -sponsored events.
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12. 10 HEALTH PLAN
a) Eli ig bility. All elected and appointed officials and regular employees assigned to a (1/2) 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 bargaining unit and the contract limitations with the carrier. Employees
enrolling after the (30) thirty -day enrollment period will be approved only upon evidence of
insurability. Regular employees assigned less than (1/2) one-half time and extra -help employees shall
not be eligible for participation in the health plan, unless the County determines them to be full-time
under the employer shared responsibility provisions of the Affordable Care Act.
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.
All regular employees assigned to a one-half (1/2) time or more position and the employee's
dependents, including registered domestic partner, shall be entitled to participate in the County -
sponsored group Cafeteria Plan. Employees working less than full-time and hired after November 1,
1987, shall receive prorated health contributions rounding to the nearest one quarter time; i.e. either
fifty percent (50%), seventy-five percent (75%), or one hundred percent (100%) of the County
contribution for full-time employees.
Eligible employees enrolling in the program within sixty (60) days following their appointment will
be covered subject to the contract limitation with the health plan carriers. Coverage shall commence
when the employee is eligible for coverage under PERS rules and the health plan carriers' rules.
Employees enrolling after the sixty (60) day enrollment period will be eligible for coverage on the
first day of the month following a ninety (90) day waiting period which will begin upon receipt of all
necessary enrollment documents by the Human Resources Department, unless the employee can
certify a qualifying loss of other coverage.
Employees with less than the required compensated days of employment may continue coverage by
advancing to the Human Resources Department the total premium amount for the month. For the
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Percentage
Percentage of Hours
Total Hours Worked Prior
Funded
Worked
Two Pay Periods
100%
87.50 - 100 %
140.0 - 160.0
75%
62.50 - 87.49 %
100.0 - 139.99
50%
F50.00 - 62.49 % IF
80.0- 99.99
NONE
LESS THAN 50%
79.99 OR LESS
Eligible employees enrolling in the program within sixty (60) days following their appointment will
be covered subject to the contract limitation with the health plan carriers. Coverage shall commence
when the employee is eligible for coverage under PERS rules and the health plan carriers' rules.
Employees enrolling after the sixty (60) day enrollment period will be eligible for coverage on the
first day of the month following a ninety (90) day waiting period which will begin upon receipt of all
necessary enrollment documents by the Human Resources Department, unless the employee can
certify a qualifying loss of other coverage.
Employees with less than the required compensated days of employment may continue coverage by
advancing to the Human Resources Department the total premium amount for the month. For the
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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 Human Resources Department each month the total monthly premium cost.
b) Retired Employee Options. Refer to individual applicable Memoranda of Understanding or Elected,
Appointed and Non -Represented Resolutions for specific retiree options. 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.
c) Continuation of Coverage. Continuation and conversion of the health plan benefits shall be as
prescribed by law or contract limitations with the plan carrier. Continuation of conversion coverage
shall be paid fully by the subscriber. Employees covered under the health plan who terminate from
County employment for reasons other than gross misconduct, may continue coverage under the health
plan for up to 18 months. Covered child dependents of an employee who become ineligible under the
terms of the plan, or the covered surviving spouse or legally separated or divorced spouse of an
employee, may continue coverage under the plan for up to 36 months. Application for continuation
of coverage must be made to the Director - Human Resources in a manner and form prescribed by the
Director - Human Resources.
d) Premium Holiday. In the event that a "premium holiday" is declared by the County's health plan
administrator or provider in which health plan premiums are not required to be paid by the County
for a period of time or a refund is given for premiums previously paid, the County shall retain
ownership and sole rights to the County's share of any unpaid premium savings or refund granted.
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 and the Chief Financial Officer shall advise the Board regarding
the maintenance and administration of the Unemployment Insurance Program. The Chief Financial Office
shall act as the fiscal agent for the Unemployment Insurance Program. The Human Resources Department
shall provide and maintain all payroll and fiscal records and make reimbursement payments to the state as
required by the Unemployment Insurance Program. The Human Resources Department shall provide to
the Director - Human Resources fiscal and payroll information necessary for the fiscal management of the
program.
12.12 DEFERRED COMPENSATION PROGRAM
The County shall establish and maintain a program whereby employees may voluntarily authorize deferral
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of a portion of their wages to be invested in an approved deferred compensation plan as authorized by the
Board and regulated by applicable state and federal law.
13 TRAVEL AND EXPENSES
See Appendix VIII.
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APPENDIX I
Flexibly Staffed Classifications Approved for the "Employee Promotional Process" (EPA) Personnel Rule 6.13i -
Promotions within Classification Series:
Account Clerk; Account Clerk, Senior
Hazardous Materials Management Specialist, Associate;
Hazardous Materials Management Specialist
Administrative Analyst, Associate; Administrative Analyst
Human Resources Analyst, Associate; Human Resources
Analyst
Administrative Assistant; Administrative Assistant, Senior
Human Resources Technician, Associate; Human Resources
Technician
Agricultural Biologist/Weights & Measures Inspector I; II;
III
Information Systems Analyst, Associate; Information
S stems Anal st
Assessment Clerk; Assessment Clerk, Senior
Information Systems Technician, Associate; Information
Systems Technician
Auditor -Accountant, Associate; Auditor -Accountant
Inventory/Warehouse Specialist; Inventory/Warehouse
S ecialist, Senior
Associate Clerk of the Board; Assistant Clerk of the Board
Investigator 1;11(DA)
Behavioral Health Clinician 1; Behavioral Health Clinician 11
Juvenile Hall Counselor 1,11
Behavioral Health Counselor I; Behavioral Health Counselor
II
Landfill Maintenance Worker; Landfill Maintenance
Worker, Senior
Behavioral Health Education Specialist, Associate;
Behavioral Health Education Specialist
Legal Office Specialist; Legal Secretary
Building Crafts Worker; Building Crafts Worker, Senior
Library Assistant; Library Assistant, Senior
Child Support Attorney I; II; III
Management Analyst, Associate; Management Analyst
Child Support Specialist 1;11
Permit Assistant; Permit Technician
Contracts Procurement Agent, Associate; Contracts
Procurement Agent
Planner, Assistant; Planner, Associate
Cook; Cook, Senior
Probation Officer 1, 11, 111
Correctional Deputy Trainee; Correctional Deputy
Property Appraisal Specialist, Property Appraiser
Correctional Technician I; Correctional Technician II
Psychiatric Nurse, Associate; Psychiatric Nurse
Deputy County Clerk -Recorder; Deputy County Clerk-
Recorder, Senior
Psychiatric Technician, Associate; Psychiatric Technician;
Psychiatric Technician, Senior
Deputy County Counsel 1; 11; 111
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
Deputy Sheriff Trainee; Deputy Sheriff
Revenue & Reimbursement Officer; Revenue &
Reimbursement Officer, Senior
Engineering Aide; Engineering Technician, Assistant;
Engineering Technician, Associate
Road Maintenance Assistant; Road Maintenance Worker;
Road Maintenance Worker, Senior
Engineer, Assistant; Civil Engineer, Associate
Sheriff's Clerk 1; Sheriff's Clerk 11
Environmental Health Specialist, Associate; Environmental
Health Specialist
Staff Nurse, Associate; Staff Nurse
Equipment Mechanic, Assistant; Heavy Equipment
Mechanic; Heavy Equipment Mechanic, Senior
Surveyor, Assistant; Surveyor, Associate
Grounds Maintenance Worker; Grounds Maintenance
Worker, Senior
Traffic Control Worker; Traffic Control Worker, Senior
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Appendix II
SEXUAL HARASSMENT PREVENTION POLICY
a) General Policy
Protection from sexual harassment is provided for in Section 703 of Title VII of the Civil Rights
Act of 1964. "Sexual harassment" is defined as unwelcome sexual advances, requests for sexual
favors, and other verbal or physical conduct of a sexual nature. Sexual harassment may include,
but is not limited to:
• 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:
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;
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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. It 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 known of the acts.
c) Non-compliance 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 4.3(e) 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:
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
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• 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 issue(s) 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 that 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.
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Appendix III
LAYOFF POLICY
An appointing authority may initiate a layoff for a regular help position(s) due to administrative
reorganization, lack of work, or lack of appropriation by advising the Director - Human Resources of
the number of positions, classifications, department involved, and the effective layoff date. For
purposes of this section, "appointing authority" shall mean the department head or designee for the
department in which the layoff(s) is to occur. Layoffs may occur as a result of a Board action, such
as adoption of the County budget but do not require the express authorization of the Board of
Supervisors to proceed. 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.
SENIORITY LIST SCORE COMPUTATION
Regular help employees appointed to a position with Butte County shall receive credit for
compensated regular help employment that has not been broken by a permanent separation. When
there has been a permanent separation, credit shall be given only for regular help employment
following such break in service. The seniority status accrued by those incumbent employees in the
Employment and Social Services Department, Health, and Civil Disaster Departments under the
Local Agency Human Resources Standards prior to August 7, 1976, shall remain on accrual.
One point seniority credit shall be given for each calendar month of regular help employment or any
portion thereof excluding extended leaves of absence. Regular employees working part-time
schedules will be given fractional point credit for each month of service on a prorated basis.
Twelve (12) points shall be subtracted from the seniority score of an employee who received a disciplinary
action which included demotion, suspension or salary reduction.
When two or more employees have the same total seniority score, the tie shall be broken and preference
given in the following sequence:
a) Employees with the greatest seniority in the department and the class in which layoff is being made
and in related higher classes.
b) Employees with the greatest seniority in the class in which the layoff is being made and in related
higher classes.
c) Employees with the greatest seniority in the department.
d) Employees whose names are drawn by lot by the Director - Human Resources.
ORDER OF SEPARATION IN REDUCTION -IN -FORCE
Employees in the same class within a department of layoff shall be separated during a reduction -in -force
in the following appointment type sequence:
a) Extra Help and Emergency
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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.
LAYOFF NOTICE
The Director - Human Resources shall send written notice to the last known address of each employee
affected by a layoff, and the Association, at least thirty (30) days prior to the effective date of the action,
except for employees who are impacted by "bumping" in which case notice shall be sent at least fourteen
(14) days prior to the effective date of the action. The notice shall include the:
a) Reason for layoff,
b) Classes to which the employee may demote within the department, if any;
c) Effective date of the action;
d) Seniority score of the employee;
e) Formula by which the seniority score is computed;
f) Appeal rights of the employee;
g) Conditions governing retention on and reinstatement from reemployment lists; and
h) Rules regarding waiver of reinstatement and voluntary withdrawal from the reemployment list.
DEMOTION IN LIEU OF LAYOFF
In lieu of being laid off, a regular employee may elect demotion to:
a) Any position held by an employee with a lower seniority score in a class with substantially the same
or lower maximum salary in which the layoff employee held permanent status; or
b) Any vacant position in a class in the same line of work as the class of layoff, but of lesser responsibility
if such classes are designated by the Director - Human Resources.
Demotion rights to specified classes shall be applicable only within the department of layoff. To be
considered for demotion in lieu of layoff, an employee must notify the Director - Human Resources in
writing of this election no later than five (5) days after receiving the notice of layoff.
The County further agrees that within twenty four (24) months from the effective date of layoff, any
employee who accepts a demotion in lieu of lay off pursuant to this layoff policy, solely for the express
purpose of the appropriate pay range qualification for transfer to a vacant position purposes, be
considered as if they were still included in the pay range of the classification from which they
voluntarily demoted from, in which the layoff employee held permanent status.
An employee affected by layoff who voluntarily demotes in lieu of layoff shall be eligible to transfer at
the pay range held at the time of layoff or the duration of the reinstatement list. (Example: An
Administrative Assistant (range 28) who voluntarily demotes in lieu of layoff to an Office Specialist
(range 19), maintains transferability at the higher range 28. This employee would be able to transfer to
range 29 and below for the duration of the reinstatement list. Refer to Personnel Rule 11.9 for transfer
qualifications).
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LAYOFF REINSTATEMENT
A name which appears on a reinstatement list shall be removed from the reinstatement list when the
individual indicates no interest in offered reinstatement on three (3) separate written inquiries.
Permanent employees laid off who are reinstated to a regular County position within twenty-four (24)
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 two hundred and forty (240) hours 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.
LAYOFF - PROBATIONARY EMPLOYEES
Probationary employees laid off shall have their names placed back on the eligible list from which they
were appointed providing it is still in existence. Should such employees be later appointed from the
eligible list, the appointment will be the same as for others appointed from the list for the first time. A
new probationary period and other terms and conditions of a new appointment shall apply.
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Appendix IV
ALCOHOL AND DRUG ABUSE POLICY
PURPOSE
It is the intention of this policy to eliminate or prevent substance abuse and its effects in the workplace
comply with the Federal Drug Free Workplace Act of 1988 and California Drug Free Workplace Act of
1990 as contained in Government Code Sections 8350-8357. While the County of Butte has no intention
of intruding into the private lives of its employees, involvement with drugs and alcohol off the job can
take its toll on job performance and employee safety. Our concern is that employees are in a condition
to perform their duties safely and efficiently, in the interests of their fellow workers and the public as
well as themselves. The presence of drugs and alcohol on the job and the influence of these substances
on employees during working hours, are inconsistent with this objective.
Employees who think they may have an alcohol or drug usage problem are urged to voluntarily seek
confidential assistance from the Employee Assistance Program. While Butte County will be supportive
of those who seek help voluntarily, the County will be equally firm in identifying and disciplining those
who continue to be substance abusers and do not seek help.
Supervisors, shop stewards, and employee representatives will be trained to recognize abusers and become
involved in this control process. Alcohol or drug abuse will not be tolerated, and disciplinary action, up
to and including termination, will be used as necessary to achieve this goal.
This policy provides guidelines for the detection and deterrence of alcohol and drug abuse. It also outlines
the responsibilities of County managers and employees. To that end, the County will act to eliminate any
substance abuse (alcohol, illegal drugs, prescription drugs, or any other substance which could impair an
employee's ability to safely and effectively perform the functions of the 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
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event there is a question regarding an employee's ability to safely and effectively perform assigned duties
while using such medications or drugs, clearance from a qualified physician may be required.
The County reserves the right to search all areas and property in which the County maintains control or
joint control with an employee in accordance with applicable state and federal laws. A search of any
container for employee property such as desks, cubicles, and lockers may be conducted at any time with
the affected employee's prior permission. Otherwise, the County may notify the appropriate law
enforcement agency that an employee may be in possession of illegal drugs.
Employees reasonably believed to be under the influence of alcohol or drugs shall be prevented from
engaging in further work and shall be held for a reasonable time until they can be safely transported from
the work site. Such situation may include ordering the employee to overtime status, and requesting that
the employee submit to a "reasonable suspicion" drug/alcohol test and/or examination by a physician.
The County is committed to providing reasonable accommodation to those employees whose drug or
alcohol problem classifies them as handicapped under federal and/or state law.
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.
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.
EMPLOYEE RESPONSIBILITIES
An employee must:
a) Not report to work or be on call back status while his/her ability to perform job duties is impaired due
to on or off duty alcohol or drug use.
b) Not use alcohol, use or possess impairing drugs (illegal drugs and prescription drugs without a
prescription) during working hours, on call back status, or on breaks.
c) Not be impaired by use of alcohol or impairing drugs during meal periods or at any time while on
County property.
d) Not directly or through a third party sell or provide drugs or alcohol to any person, including any
employee, while either employee or both employees are on duty or on call back status (this requirement
is subject to having reasonable knowledge that the other employee is on duty or on call back status).
e) Notify his/her supervisor, before beginning work, when taking any medications or drugs, prescription
or non-prescription, which may, with reasonable knowledge, interfere with the safe and effective
performance of duties or operation of County equipment, and when in combination with one or more
of the elements of reasonable suspicion listed here.
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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.
MANAGEMENT RESPONSIBILITIES AND GUIDELINES
Managers and supervisors are responsible for reasonable enforcement of this policy.
Managers and supervisors may request that an employee submit to a drug/alcohol test and/or an
examination by a physician when a manager or supervisor has a reasonable suspicion that an employee is
intoxicated or under the influence of drugs or alcohol while on the job or on call back status. "Reasonable
suspicion" is a belief based on objective, specific, and articulate facts sufficient to lead a reasonably
prudent supervisor to suspect that an employee is under the influence of drugs or alcohol so that the
employee's ability to perform the functions of the job is impaired or so that the employee's ability to
perform his/her job safely is reduced.
For example, any of the following, alone or in combination, may constitute reasonable suspicion:
a) Slurred speech, not normal to the employee.
b) Alcohol odor on breath.
c) Unsteady walking and movement, not normal to the employee.
d) An on duty accident or accident involving County property in cases where reasonable suspicion or
positive test results exist.
e) Behavior that is not normal to the individual employee.
f) Possession of alcohol or drugs in violation of this policy.
g) Information obtained from a reliable person with personal knowledge.
h) Any manager or supervisor requesting an employee to submit to a drug/alcohol test and/or medical
examination shall document in writing the facts constituting reasonable suspicion that the employee
in question is intoxicated or under the influence of drugs. If information obtained from a reliable
person with personal knowledge is the sole reason in determining reasonable suspicion, documentation
shall include the name of that individual and their statement(s).
i) Any manager or supervisor encountering an employee who refuses an order to submit to a medical
examination upon request shall remind the employee of the requirements and disciplinary
consequences of such refusal. Where there is reasonable suspicion that the employee is then under
the influence of alcohol or drugs, the manager or supervisor should obtain assistance as needed and
hold the employee for a reasonable time until the employee can be safely transported home.
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j) Managers and supervisors shall not physically search the person of employees, nor shall they search
the personal possessions of employees without the freely given consent. Employees are entitled to
have a representative of their choosing, provided that representatives can be present in a reasonable
period of time.
k) Managers and supervisors shall notify their department head or designee when they have reasonable
suspicion to believe that an employee may have illegal drugs in his/her possession or in an area not
jointly or fully controlled by the County. If the department head or designee concurs that there is
reasonable suspicion of illegal drug possession, the department head may notify the appropriate law
enforcement agency.
DRUG OR ALCOHOL TESTING AND/OR PHYSICAL EXAMINATION PROCEDURE
The drug/alcohol test and/or physical examination may test for any substance which could impair an
employee's ability to effectively and safely perform the functions of his/her job.
RESULTS OF DRUG AND/OR ALCOHOL ANALYSIS
a) Pre-employment Physicals. A positive result from a drug and/or alcohol analysis may result in the
applicant not being hired where the applicant's use of drugs and/or alcohol could affect requisite job
standards, duties, or responsibilities.
If a drug screen is positive at the pre-employment physical, the applicant must provide within twenty-
four (24) hours of request bona fide verification of a valid current prescription for the drug identified
in the drug screen. If the prescription is not in the applicant's name or the applicant does not provide
acceptable verification, or if the drug is one that is likely to impair the applicant's ability to perform
the job duties, the applicant may not be hired.
b) During Employment Physicals or Alcohol/Drug Tests. A positive result from a drug and/or alcohol
examination may result in disciplinary action, up to and including discharge.
If the drug screen is positive, the employee must provide within five (5) days of request bona fide
verification of a valid current prescription for the drug identified in the drug screen. The prescription
must be in the employee's name. If the employee does not provide acceptable verification of a valid
prescription or if the prescription is not in the employee's name, or if the employee has not previously
notified his or her supervisor, the employee will be subject to disciplinary action, up to and including
discharge.
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
Personnel Rule 7.11.
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:
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a) The information is compelled by law or by judicial or administrative process;
b) The information has been placed at issue in a formal dispute between the employer and employee;
c) The information is to be used in administering an employee benefit plan; and
d) The information is needed by medical Human Resources for the diagnosis or treatment of the patient
who is unable to authorize disclosure.
TESTING PROCESS AND STANDARDS
Substance testing shall comply with the following standards and procedures:
The drug testing process shall be one that is scientifically proven to be at least as accurate and valid as
urinalysis using an immunoassay screening test, with all positive screening results being confirmed
utilizing gas chromatography/mass spectrometer before a sample is considered positive. The alcohol
testing process shall be one that is scientifically proven to be at least as accurate and valid as urinalysis
using an enzymatic assay screening test, with all positive screening results being confirmed using gas
chromatography before a sample is considered positive.
Substances to be tested for shall include, but are not limited to:
a) Amphetamines and Methamphetamines
b) Cocaine
c) Marijuana/Cannabinoids (THC)
d) Opiates (narcotics)
e) Phencyclidine (PCP)
f) Barbiturates
g) Benzodiazepines
h) Methaqualone
i) Alcohol
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 or 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
300
Barbiturates
300
Cocaine
300
Cannabinoids
100
Opiates
300
Phencyclidine
75
*Nanograms per millimeter
Alcohol (sensitivity equivalent to .08% by .02% gm/deciliter weight)
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Test samples will be collected in a clinical setting such as a laboratory collection station, doctor's office,
hospital, or clinic or in another setting approved by the Human Resources Department on the basis that it
provides for at least an equally secure and professional collection process. Samples shall be separated
into two samples at the time they are collected with the second sample kept for validation purposes. The
Human Resources Department shall specify procedures to ensure the true samples are obtained.
The Human Resources Department shall specify measures to ensure that a strict chain of custody is
maintained for the sample from the time it is taken, through the testing process, to its final disposition.
Drug/alcohol tests shall be performed by a commercial laboratory selected based on its meeting standards
that are the same as those used by the National Institute on Drug Abuse (NIDA) to certify laboratories
engaged in urine drug testing for Federal agencies (Mandatory Guidelines for Federal Workplace Drug
Testing Program, Federal Register, Vol. 53, No. 69) or those used by the College of American Pathologists
(CAP) to accredit laboratories for forensic urine drug testing (standards for Accreditation, Forensic Urine
Drug Testing Laboratories, College of American Pathologists).
The sample collection process shall include the opportunity for the employee to provide information about
factors other than illegal drug use, such as taking legally prescribed medication that could cause a positive
test result. At the employee's option, this information may be submitted in a sealed envelope to be opened
only by the Medical Review Officer if the test result is positive.
The employee shall receive a full copy of any test results and related documentation of the testing process.
All confirmed positive samples shall be retained by the testing laboratory in secure storage for one year
following the test or until the sample is no longer needed for appeal proceedings or litigation, whichever
is longer. At the employee's request and expense, the sample maybe re -tested by that laboratory or another
laboratory of the employee's choice.
MEDICAL REVIEW OFFICER
The Director - Human Resources shall designate one or more approved clinics, which shall have licensed
physicians as Medical Review Officers 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.
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Appendix V
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 into/onto County owned 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.
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.
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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 all 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 all managers/supervisors are fully informed 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 all reports of workplace violence or threats are immediately investigated and the Human
Resources Director/Butte Risk Assessment Team (BRAT) 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.
Managers/Supervisors, Mid-level and First Line Employees shall:
➢ 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 or 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 are 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;
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➢ 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;
➢ Not 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.
IV. COMMUNICATION 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 incident. Under circumstances of imminent
danger, the supervisor or person -in -charge may 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) Ensure 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.
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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 patrol/security 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) may be 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 may be 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
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 by 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 by 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 the California Penal Code) authorized bylaw
and their appointing authority to carry weapons or employees who carry knives (and related implements)
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that are used as tools in the regular course of County business with the awareness and approval of their
appointing authority.
The Chief Administrative Officer, with the concurrence of the Human Resources Director and
affected appointing authority may, in writing, 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.
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Appendix VI
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 Z41-1991/1999 (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 (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 further analysis of current classifications, as well
as analysis of new classifications, which may be 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
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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
e. 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.
f. Special use footwear includes boots or overshoes/shoe covers designed for use around chemicals
such as in pesticide applications or hazardous materials work. Specific types or materials of
special use footwear may be required by material safety data sheets (MSDS).
g. Work boots are designed to cope with slipping hazards and uneven walking surfaces. They must
be of sturdy construction with a traction sole.
h. 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.
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OSHA 1910.136 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 Z41-1999 Revisions. Safety footwear manufactured in accordance with ANSI Z41-
1991 does and will comply with OSHA Regulations until December 2001. Safety footwear manufactured in
compliance with either ANSI Z41-1991 or ANSI Z41-1999 Revisions are both 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.
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 a Non -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 minimum clearance for ANSI Class 75
is: Men - 16/32 inches (12.7 mm), Women - 15/32 inches (11.9 mm), when a fifty -pound weight
is dropped from eighteen inches onto the protective cap or under a 2,500 -pound test load for
compression.
2. Metatarsal Footwear - Established standards for the protection of the upper foot (metatarsal
bones) and toe areas. Designed to prevent or reduce injuries when the toe and metatarsal areas of
the foot are exposed to "drop" hazards. Iron 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 soles and heels (Non -
Conductive Electric Shock Resistant Soles and Heels) are intended to provide a SECONDARY
SOURCE OF PROTECTION against accidental contact with live electrical circuits, electrically
energized conductors, parts, or apparatus under dry conditions.
4. Conductive Footwear -Conductive footwear is designed to facilitate/discharge 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 minimize static electricity
and to reduce the possibility of ignition of volatile chemicals or explosives.
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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 maintaining 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
List of Job Classifications
Note: the following list 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
Probation
Public Works
Agri cultural/Weights 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 Officers
Juvenile Hall Kitchen Staff
Fleet Services
Maintenance
Construction, Engineering & Survey
Solid Waste Management
Sheriff s Office Marijuana Eradication & Boat Patrol
Investigation/Evidence
Correctional Officers, Correctional Technician
Facilities Services Manager, Project Specialist, Superintendent
Buildings & Grounds, Administrative
Assistant, Crafts Worker -Supervisor, Lead,
Supervisor Janitor, Lead Janitor,
Janitor, Grounds Worker -Supervisor, Lead,
Senior
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Appendix VII
MEDICAL LEAVE POLICY
General Policy
Under provisions of the California Family Rights Act (CFRA), CCR Section 825 and the Federal Family and
Medical Leave Act (FMLA), 29 U.S.C. Section 2601 et seq., Butte County may grant medical leave to a
qualifying employee, provided the employee has worked for Butte County for a minimum of 12 months, and has
worked at least 1,250 hours in the 12 -month period immediately preceding the date the leave begins. Leave may
be taken under this policy for up to 12 workweeks in a 12 -month period (leave year) for family care and medical
leave. Requests for leave in excess of 12 workweeks, or for leave that is not qualifying under CFRA, FMLA, or
PDL, -whether in a paid or unpaid status shall be reviewed on an individual basis by the appointing authority in
conjunction with the Director -Human Resources relative to the needs of the employee and the needs of the
department. The 12 -week allowance for FMLA and CFRA that is provided per year is calculated on a calendar
year basis commencing the first day that qualifying leave is taken. FMLA and CFRA run concurrently, except in
the case of pregnancy disability (discussed further under coordination of PDL, FMLA AND CFRA leaves).
Under allowable circumstances, an appointing authority may grant FMLA to a key employee but refuse
reinstatement if it will cause the department substantial and grievous economic injury. In this situation, however,
the department head must notify the employee in writing at the time he or she requests or commences the leave
(whichever is earlier) that he or she qualifies as a key employee and what the potential consequences are with
respect to reinstatement.
Except where the law authorizes a different result, an employee who complies with the provisions of this policy
will be guaranteed reemployment upon expiration of an approved leave. The employee will be re-employed in
the same or an equivalent position as that which he or she occupied when the leave commenced. An employee
who takes a leave because of his or her own serious health condition must provide a medical certification prior to
returning to work, which verifies that he or she is able to return to work. If an employee fails to return for work
immediately after the expiration of the approved leave period, and unless an extension has been requested and
granted, the employee may be considered to have voluntarily separated from the employer's employ. However,
consideration may be given to sufficient documentation, which demonstrates both the employee's need for the
extended leave and an inability by the employee to have properly notified the employer of the need.
Leave granted under this policy for part-time employees shall be calculated on a pro -rata basis in accordance with
their regular work schedule. For those occupying positions with irregular hours, the average workweek shall be
determined by taking an average of the hours worked per week over the previous three-month period.
Upon receipt of a request by an employee for medical leave, the department shall immediately forward such notice
to the Director — Human Resources. For leave requests that are qualifying under CFRA, FMLA, or PDL, the
Director — Human Resources shall have full authority to approve such requests in accordance with the provisions
of this policy. For all other medical leave requests, the employee's Appointing Authority, in conjunction with
the Director — Human Resources, shall have authority to approve such requests.
Definitions
For purposes of this policy, the following definitions shall apply:
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"California Family Rights Act" (CFRA) means leave may be taken for any of the following reasons:
• For the birth of a child for purposes of bonding;
• For the placement of a child in the employee's family for adoption or foster care;
• To care for the serious health condition of the employee's child, parent, or spouse; or registered domestic
partner;
• For the employee's own serious health condition.
"Certification" means a written communication from the health care provider verifying that the employee is
unable to work due to his/her serious health condition or that of his/her immediate family member.
"Child" means a biological, adopted, or foster child, stepchild, or legal ward of the employee, or a child of a
person standing in loco parentis who is either:
• Under eighteen years of age;
• 18 years or older who is incapable of self-care because of a mental or physical disability;
• 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.
"Family and Medical Leave Act" (FMLA) means leave may be taken for any of the following reasons:
• Your own serious health condition
• Pregnancy (or disability due to pregnancy), or the birth and care of a newborn child (baby bonding)
• The placement of a child for adoption or foster care
• Because you are needed to care for your spouse; registered domestic partner; child; parent due to his/her
serious health condition
• Because you are the spouse; son or daughter; parent; next of kin of a covered service member with a
serious injury or illness
"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.
"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.
"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.
"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.
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"Leave Year" means 12 weeks of leave allowed under FMLA/CFRA and is calculated on the calendar year,
January -December of each year.
"Parent" means a biological, foster, or adoptive parent, a stepparent, a legal guardian, an other person who stood
in loco parentis to the employee when the employee was a child, or as otherwise provided for by the law.
"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:
• Inpatient care in a hospital, hospice, or residential care facility;
• Any period of incapacity requiring absence from work for more than three consecutive calendar days
(including a subsequent treatment or incapacity relating to the same condition) that also involves:
• Treatment two or more times by a health care provider, by a nurse or physician's assistant under direct
supervision of a health care provider of health care services (e.g. physical therapist) under orders of, or on
referral by, a health care provider; or
• 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 for more than three (3) consecutive calendar days, if otherwise qualified 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 fifteen (15) days following
notification of provisional FMLA/CFRA status, in order to continue to be covered under this provision.
For leave that does not qualify under FMLA/CFRA, when an employee has been absent for more than seven (7)
calendar days, the employee shall provide certification from the employee's treating health care provider to the
employee's Appointing Authority or designee within seven (7) calendar days from the start of the leave. Such
certification shall meet the sufficiency requirements set forth below.
Requests for a leave of absence that do not qualify under FMLA/CFRA may be granted pursuant to the Butte
County Personnel Rules. However, all such requests for leave are granted at the discretion of the Appointing
Authority in consultation with the Director -Human Resources, and require written approval. All requests for
leave that are not qualifying under FMLA/CFRA and are granted pursuant to the Personnel Rules will require
that the employee submit information for his or her health care provider regarding the employee's functional
limitations and/or restrictions prior to approval. Once approved, all such requests for leave are subject to periodic
review and/or termination at any time. In general, the County does not grant extended medical leave when the
requested leave is of a long-term or uncertain duration, or where the prognosis for the employee's return to full -
duty is not within a reasonable period of time.
If the employee's need for leave under this policy is foreseeable, the requesting employee shall provide his or her
appointing authority with reasonable advance notice at least 30 days advance notice in writing of the need for
leave. If the employee's need for leave is foreseeable, reasonable effort should be made to schedule the treatment
to avoid disruption to the operations of the employer. If the employee's need for leave is not foreseeable, the
requesting employee must provide notice as soon as practicable.
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In the event an employee's requests for leave is foreseeable, and the employee fails to provide his or her
Appointing Authority or designee with reasonable advance notice in writing or email, the request for leave may
be denied.
An employee's request for leave to care for an immediate family member who has a serious health condition,
shall be supported by a certification issued by the health care provider of the individual requiring care. Failure to
provide such certification shall result in the denial of the requested leave. Certification shall be considered
sufficient if it includes all of the following:
• The date on which the serious health condition commenced,
• The probable duration of the condition,
• An estimate of the amount of time that the health care provider believes the employee needs to care for
the individual requiring the care,
• 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 re -certification and shall be required to provide said re -certification 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. Certification shall be considered sufficient if it includes all
of the following:
• The date on which the serious health condition commenced.
• The probable duration of the condition.
• A statement that, due to the serious health condition, the employee is unable to perform the essential
functions of his/her position.
Failure to provide the required medical certification may result in denial of the requested leave, and the employee
may be considered to be absent without approved leave.
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 re -certification regarding the employee's serious health condition and to
provide said re -certification to the employer.
As a condition of the employee's return from leave taken because of the employee's own serious health condition,
before resuming work, the employee shall provide his/her Appointing Authority or designee with a fitness for
duty certification from his/her health care provider, at the employee's expense, stating that the employee is
released to resume work.
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
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obtain the opinion of a third health care provider. The third health care provider must be approved by the employer
and the employee; the decision of the third health care provider shall be final and binding.
Intermittent or Reduced Leave
Leave may be taken intermittently or on a reduced leave schedule to care for an immediate family member with
a serious health condition or because of the employee's own serious health condition when medically necessary,
and will be counted towards the employee's 12 week FMLA/CFRA leave.
Intermittent or reduced leave that does not qualify under FMLA/CFRA may be requested because of the
employee's own serious health condition when medically necessary. All such requests for intermittent or reduced
leave that do not qualify under FMLA/CFRA must be supported by appropriate medical certification from the
employee's health care provider, and are subject to approval by the employee's Appointing Authority in
conjunction with the Director — Human Resources.
Coordination of leave accruals while on FMLA/CFRA
An employee taking leave under the Medical Leave policy (with the exception of section la below), shall be
required to exhaust all sick leave prior to being authorized to take unpaid leave. All leave taken in coordination
with the County's Medical Leave Policy is computed toward the total 12 -week allowance per year under
FMLA/CFRA.
MANDATORY LEAVE ACCRUAL USAGE
While out on any approved medical leave of absence (full time, or intermittent), employees must utilize leave
accruals in the following order (unless not required to use accruals by law):
1. Sick leave (for personal or illness related to immediate family member)
a. For personal illnesses:
i. Employee must utilize sick leave first in these situations. The employee may elect to
retain (for future use) up to 80 hours of sick leave in their bank prior to advancing on to
the next tier of leave accruals.
b. For illnesses related to immediate family members:
i. Employees may, at their discretion, utilize up to 80 hours of sick leave, prior to
advancing on to the next tier of leave accruals (use of sick leave is not required in this
situation).
2. Banked Holiday Time if applicable)
a. Employees shall exhaust all such banked Holiday time, prior to advancing on to the next tier of
leave accruals.
3. Compensatory Time Off — CTO (if applicable)
a. Employees shall exhaust all such CTO leave accruals, prior to advancing on to the next tier of
leave accruals.
4. Administrative Leave (if applicable)
a. Employees shall exhaust all such Administrative leave accruals, prior to advancing on to the next
tier of leave accruals.
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5. Vacation
a. The employee may elect to retain (for future use) up to 40 hours of vacation leave in their bank.
Employees shall exhaust all such vacation leave accruals, prior to moving into a non -compensated status with the
exception of 5(a) above.
Effect on benefits while on FMLA/CFRA
Paid Leave
During any period that an employee who is eligible for and has qualified for FMLA/CFRA 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 FMLA/CFRA.
An employee shall continue to participate in and accrue benefits during any portion of the leave in which the
employee remains in a paid status.
Unpaid Leave
During any period that an eligible employee takes unpaid leave under the provisions of this policy, and the leave
is qualifying under FMLA/CFRA, 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 FMLA/CFRA. Coordination of payment of the employee portion of the medical,
dental and vision insurance payments is made through the Butte County Department of Human Resources. 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.
If an employee takes unpaid leave under the provisions of this policy, and the leave is not qualifying under
FMLA/CFRA, the employee shall be responsible for payment of both the "employer" portion of the medical,
dental, and vision insurance premiums, and the employee portion of the medical, dental, and vision insurance
premiums, provided that said employee was eligible for such benefits prior to taking unpaid leave under the
provisions of this policy. Coordination of payment of the medical, dental and vision insurance premiums is made
through the Butte County Department of Human Resources. Failure of employee to pay the "employer" and
employee portion of the medical, dental and vision insurance premiums within thirty (30) days of the due date
may result in the employee being placed on a direct pay with the insurance providers.
When taking an approved unpaid leave under the provisions of this policy that does not qualify under
FMLA/CFRA, the employee shall retain employee status with the employer, The unpaid leave, however, shall
constitute a break in service for purposes of longevity or seniority.
Return to work from Medical Leave
During approved family care and medical leave that is qualifying under FMLA/CFRA, 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.
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If an employee qualifies for and takes unpaid leave in excess of two full and consecutive pay periods for a
qualifying purpose under the County's Medical Leave Policy , the anniversary date and any associated merit
increase shall be extended by an amount which is equivalent to the total unpaid leave.
For leave that is qualifying under FMLA/CFRA, 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 FMLA/CFRA/PDL
FMLA and CFRA
Leave provided under the County's Medical Leave 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.
Paid Family Leave. Paid Family Leave is a component of the State Disability Insurance and is administered by
the State Employment Development Department's Disability Insurance Branch. A claim with the State
Employment Development Department may be filed for time taken to:
— To care for a seriously ill child, spouse, parent, or 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 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 MOU provisions.
Additionally, qualifying employees may choose to integrate State Disability Insurance (SDI) with PFL at the
onset of the disability.
PDL, FMLA and CFRA
Leaves related to medical disability due to pregnancy, childbirth or other related medical conditions are governed by
three separate laws.
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).
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PDL provides up to four months of time off for a pregnancy related disability. Medically approved leave may be
taken consecutively or intermittently for the four-month period. PDL provides job protection for the employee
but does not pay medical benefits. An employee may be eligible for PDL even if she doesn't meet the
qualifications for FMLA/CFRA.
Family and Medical Leave Act. The Federal Family and Medical Leave Act (FMLA) regulations define
pregnancy, childbirth and related medical conditions to be a "serious health condition." FMLA runs concurrently
with the four months of PDL for up to 12 weeks if the pregnancy disability lasts for the full 12 weeks of allotted
FMLA leave. During the FMLA, the employer's portion of medical, dental and vision premium payments will
continue to be made. The employee's portion of payments for medical benefits will be paid out of the employee's
paycheck if the employee is in paid status. If the employee is in non -paid status during the FMLA, he/she will
have to make arrangements to pay his/her portion of the premiums to the Butte County Human Resources
Department office.
When an employee and his/her 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.
The California Family Rights Act (CFRA) Eligibility provides for bonding after the birth of a baby. CFRA does
not start until the mother is released from pregnancy disability by her doctor. If an employee has not used the full
12 weeks of FMLA, it will run concurrently with CFRA. An employee must qualify for FMLA when their
pregnancy leave first begins in order to qualify for CFRA. CFRA also provides for continuation of the employer
portion of the health, vision and dental benefits for the 12 week period. If an employee uses her full 12 week
entitlement of continuation of health care benefits during the FMLA/PDL leave and then takes the CFRA after
the birth of her child to bond, the County is not required to pay her health benefits during the CFRA leave. If an
employee has exhausted her PDL/FMLA leave prior to the birth of her baby then CFRA will be started on the
date her PDL runs out.
The total amount of time available for coordination of PDL, FMLA and CFRA for pregnancy disability leave
shall not exceed the maximum allowed by law.
Medical Certification - Pregnancy Disability Leave
"Certification" for this purpose means a written communication from the health care provider of the employee
that either the employee is disabled due to pregnancy or that is it medically advisable for the employee to be
transferred to less strenuous or hazardous duties (DFEH reg. Section 7291.2).
The certification indicating disability necessitating a leave should contain:
• The date on which the employee became disabled due to pregnancy;
• The probable duration of the period or periods of disability, and
• An explanatory statement that, due to the disability, the employee is unable to work at all or is unable to
perform any one or more of the essential functions of her position without undue risk to herself, the
successful completion of her pregnancy, or to other persons.
If an employee must cease work prior to delivery, a medical certification of disability is required at that time and
after delivery. (A pre -delivery statement of disability does not apply once delivery has occurred since the medical
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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 Poli
For provisions not addressed herein, the provisions of FMLA, CFRA, PDL shall be controlling.
No Reprisal
In any inquiry or proceeding related to rights guaranteed under this policy, Butte County shall not discharge, fine,
suspend, expel, discriminate against, or refuse to hire, any individual because of an individual's sole exercise of
the right to family care and medical leave; or for an individual's giving information or testimony as to his/her
own family care and medical leave, or another person's family care and medical leave.
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Appendix VIII
TRAVEL AND BUSINESS REIMBURSABLE EXPENSES
BACKGROUND
This policy applies to County officers and employees, as well as members of boards and commissions required
to travel in or out of the County for the conduct of County business. This policy also provides for expenses of
public employees from other jurisdictions when specifically referenced in policy provisions set forth below.
For ease of reference, the Travel Policy is presented in the following sections:
1) Definitions
2) General Policy
3) Approvals Required
4) Travel Participants and Number
5) Mode of Transportation
6) Reimbursement Rates
a) Maximum Rate Policy
b) Private Auto
c) Meals
d) Lodging
e) Other
') Advance Payments
8) Compliance — Responsibility of Claimant
1) DEFINITIONS
a) County Employee —any employee of the County of Butte, including appointive, elective officers and
heads of County departments.
b) Business Expense Reimbursements — are reimbursements for business expenses such as seminar costs,
tuition, books and license fees.
c) Department Head Authorization — signature of Department Head or designee is required on the
claim form.
d) Hosting Hotel — either the hotel where meetings, conferences or training sessions are held or a
lodging site recommended and/or reserved by the conference/seminar sponsor.
e) Non -County Personnel — non salaried members of County commissions or similar advisory
bodies or agencies.
0 Travel Expense — mileage reimbursements for personal car, common carrier, rental cars,
receipted fuel for rentals, parking, tolls, air fare, meals and lodging.
g) Volunteer - any and all persons allowed by an appointing authority to perform any service,
activity or duty in the name of Butte County without compensation. Not eligible for
reimbursement under this policy.
h) Travel Day —when travel is required the day before or the day after event.
i) Commute — regular travel between one's place of residence and place of work, not subject to
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reimbursement.
2) GENERAL POLICY
a) County employees should not suffer any undue loss when required to travel on official County
business, nor should said individuals gain any undue benefit from such travel.
b) County 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 travel expenses within the
maximum rate limits established by the Board of Supervisors. "Actual and necessary
expenses" do not include alcoholic beverages or tobacco products.
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 special rates available for car rentals,
hotels, and airfare.
d) Employees must obtain authorization from Department Head or designee for travel (i.e., obtain
approvals before incurring costs and before commencing travel).
e) Itemized 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.
f) Department Heads are responsible for ensuring that County employees adhere to all aspects of
this policy.
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 employee who uses a privately -owned vehicle on County business shall file an
affidavit prior to first time traveling and renew annually thereafter by January 31 St with the
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Auditor -Controller.
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 Department Head and in accordance to the County's Vehicle Usage Policy 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. Each County
driver shall drive responsibly, anticipate emergency situations and make every effort to avoid
collisions. All employees operating a vehicle on County business represent the County of Butte
and shall always project a professional image to the public.
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 rules of the County, municipality, state, and any other jurisdiction in which they are
operated.
o) Each employee driving on County business of either a County or private 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 (some exceptions may apply to law enforcement officers in the
performance of their duties).
3) APPROVALS REQUIRED
a) It remains the discretion of the Chief Administrative Officer as to whether or not costs of travel
not authorized in advance will be reimbursed and whether or not exceptional costs will be
reimbursed.
b) Department Head approval is required for subordinate staff when travel involves any of the
following:
(1) Transportation by common carrier (e.g., air, train, long-distance bus transportation)
(2) Car rental
(3) Out -of -County overnight travel
c) Appointed Department Heads shall notify the Chief Administrative Officer of the dates and
location of their business related overnight travel occurring out of the County.
d) Chief Administrative Officer (or designee) 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), including expense reimbursement submitted by
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the following: Members of Board or Commissions, or non -County personnel.
4) TRAVEL PARTICIPANTS AND NUMBER
a) It is preferable that Department Heads and Assistant Department Heads not attend the same
Out -of -County conference.
b) The number of travel participants for each Out -of -County event, in most instances, should be
limited to one or two staff members, and those individuals should be responsible for sharing
information with other interested parties upon return. However, it is the responsibility of the
Department Head to determine how many participants are necessary to travel to each Out -of -
County event in order to maximize County resources.
c) Expenses incurred by a member of the Board of Supervisors to attend meetings who are not
currently receiving a vehicle allowance for In -County travel, constitute an allowable County
charge. Expenses include, but are not limited to, mileage incurred while traveling to and from
the Board member's 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) 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.
(2) 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.
(3) Lodging expenses for non -County personnel are NOT reimbursable except when special
circumstances are noted and approved in advance by the Chief Administrative Officer.
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 TRANSPORTATION
a) Transportation shall be by the least expensive and/or most reasonable means available.
b) Private auto reimbursement may be authorized by the Department Head for County business
travel within Butte County and Out -of -County (please refer to section 6)b) of this policy).
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
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more economical, but the employee prefers to drive even though travel by car would not be in the
County's best interest, the County will reimburse transportation equal to the airline ticket price;
to be substantiated by airline quote. Any extra days of lodging and meals required for the
convenience of the County shall be approved by the Department Head. If operational needs
require it, law enforcement may travel by County vehicle.
d) Common carrier travel must be in "Coach" class unless otherwise specifically authorized in
advance by the Chief Administrative Officer. Generally, any costs over and above Coach class
shall be considered a personal, not reimbursable expense of the traveler.
e) Rental cars may be used as part of a trip using public transportation if use of a rental car provides
the most economical and practical means of travel. Rental car costs (including insurance and
navigation equipment, if required) will not be reimbursed without a receipt and Department
Head approval. "Economy Car" is preferred, however, upgrades to rental cars, when
necessary, must be approved in advance and in writing by Department Head.
6) REIMBURSEMENT RATES
a) Maximum Rate Policy - Maximum allowable rates for reimbursement established by County
policy 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 (or
designee). Said exceptions must be documented on the prescribed exception form (Exhibit A)
provided by the Auditor -Controllers' Office, and must be submitted at the time of claim.
b) Private Auto - Travel by private auto in the performance of "official County business" shall
be reimbursed at the Federal mileage rate as determined by the Internal Revenue Service.
Claim forms for reimbursement requests must include purpose of travel, date and location of
destination(s).
(1) Mileage for travel shall be computed from the employees' designated work place
- If travel begins from the employee's residence, mileage shall be calculated from the
residence or work place, whichever is less. (For example, an employee who lives in Chico
and works in Oroville who must drive to a meeting in Sacramento will be compensated
for travel from Oroville to Sacramento and back to Oroville.)
(2) The mileage reimbursement rate represents full reimbursement for expenses incurred by
a County officer or employee (e.g., fuel, normal wear and tear, insurance, etc.) during
the use of a personal vehicle in the course of service to Butte County.
(3) When In -County travel warrants it, appointing authority approves it, and appropriate
funding has been budgeted, employee may be provided a monthly mileage allowance
pursuant to applicable County Resolution. Additionally, employees covered by such
resolutions shall be reimbursed at the Federal mileage rate as determined by the Internal
Revenue Service for all work related travel in his or her private vehicle outside of the
County. Any employee who has a County assigned vehicle which is available for their
use during non -business hours is not eligible for this allowance.
(4) Personal Mileage and Expense Claim forms shall be completed for each calendar month
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(one month per claim form in order to avoid duplicate claims and to book expenses in the
appropriate period which they were incurred). These monthly claims are due to the
Auditor -Controller within 30 days following the end of the month; however, the deadline
may be extended if deemed appropriate by the County Auditor -Controller. 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. Willful submission of false claims can
constitute a criminal act and could results in disciplinary action up to and including
termination.
c) Meals — Allowances for meals will be provided for Out -of -County travel and for In- County
overnight travel. Such meals can be paid for in one of two ways:
1. Per them — employees being reimbursed for out of pocket meal expenses (including gratuity)
using the per diem rate as defined by the Internal Revenue Service for the destination location of
the travel. Employees are required to submit a copy of the per diem rate sheet for the specific
area of travel destination from the IRS website at the time the claim is submitted
(http://www.�zsa.gov/portal/content/110007). Failure to submit rate sheet will result in the claim
being rejected.
• Daily Rate for the destination location includes breakfast, lunch, dinner and incidentals; or
• Individual Meal Reimbursement will be reimbursed at a rate of:
0 20% of the Daily Rate for Breakfast
0 30% of the Daily Rate for Lunch
0 50% of the Daily Rate for Dinner
• No receipts are required for per diem claims with the exception of those departments that are
specifically excluded due to a non -County funding source.
• Meals provided during travel (at the event, hotel, etc.) are not eligible for per diem
reimbursement.
o When required to travel on a "Travel Day" as defined in section 1)h), employee will
be eligible for 75% of daily per diem rate.
2. CalCard — Those employees choosing to utilize the CalCard to pay for meals required for Out -of -County
travel or In -County overnight travel, are subject to the same daily and individual meal maximums, as
defined in section 6)c) l .
• Employees choosing to pay for meal(s) utilizing the CalCard will be required to provide
receipts for purchases.
• Purchases exceeding the individual meal reimbursement rate will need to be reimbursed to the
County.
Meal reimbursements will not be provided for In -County travel or In -County meetings that do not involve
overnight lodging, without Department Head approval. Such meetings are discouraged unless absolutely
necessary to conduct County business. In such situations, signature authority cannot be delegated to a
deputized signer. In extreme circumstances where the Department Head is unavailable for an extended
period in time, authorization can be granted by theChief Administrative Officer.
d) Lodging -
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(1) Lodging may be reimbursed up to $150.00 per night plus tax, single occupancy. The Chief
Administrative Officer may approve extraordinary costs above this limit on a case-by-case basis
when the responsible Department Head and Chief Administrative Officer determine that higher
cost is unavoidable, or is in the best interest of the County. Said exceptions must be documented by
the prescribed form provided by the Auditor -Controllers' Office, and must be submitted at the time
of claim. When lodging at the hosting hotel and the discounted rate exceeds $150.00 per night, an
exception is not required.
(2) Single rates shall prevail except when more than one County employee occupies the room. However,
nothing in this policy shall be construed to require employees to share sleeping accommodations
while traveling on County business. In all travel, employees are expected to secure overnight
accommodations as economically as possible and practical.
(3) 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 name should appear, when possible, on the receipt of the hotel/motel
bill.
(4) Lodging for the night prior to, or following a conference, training, or meeting is discouraged
unless it is more efficient and practical to do so. The Department Head shall make this determination
based on such factors as distance and weather conditions before approving these expenses.
(5) Personal expenses incurred with lodging (in -room movies, honor bar, snacks, bottled water, etc.)
shall not be reimbursable.
(6) Room service charge for meal room service is considered as part of the meal expense (not "lodging")
(7) Receipts are always required for lodging and must be submitted with the claim for reimbursement.
(8) 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. Any such authorization shall be made in writing.
e) Other - All other necessary expenses (i.e., parking, shuttle, taxi, etc.) may be reimbursed if a receipt is
submitted with the claim. Receipts are required except for those charges where receipts are not
customarily issued (i.e., bridge tolls and snow chain installation and removal fees). When specific cost
guidelines are not provided by the County, necessity of the expense shall be considered by the
Department Head and Chief Administrative Officer before deciding whether to approve.
(1) Any costs incurred for alcoholic beverages or tobacco products are not reimbursable.
(2) Per the Attorney General, the County may not lawfully expend funds to reimburse County employees
for their expenses in buying meals for legislators or their aides at meetings to discuss legislation of
interest to the County.
(3) Personal services such as cleaning, laundering, barbering or similar items shall be considered personal
expenses and are not reimbursable. However, the Chief Administrative Officer may consider
unforeseen costs caused by extreme circumstances for reimbursement.
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(4) Gratuities are considered a personal expense and will not be reimbursed except for meals and taxi
services. All reimbursable gratuities shall not exceed 18% of their cost.
7) ADVANCE PAYMENTS
a) To request a travel advance, an employee must submit a Travel Advance Request Form with
Department Head approval showing the estimated cost of the trip to the Auditor- Controller's Office
no later than 15 working days prior to the date of departure.
b) The Auditor -Controller may provide advance funds for estimated "out of pocket" expenses up to
seventy five percent (75%), but will not provide advances in an amount less than $100.00. The "out
of pocket" expenses may include meals, taxi and public transportation, lodging, parking, and pre-
registration costs.
c) Travel advances at 100% will be allowed for all personnel who are attending required
P.O.S.T or STC training. Documentation to support that it is P.O.S.T. or STC approved training must
be submitted with the request for advance.
d) Rental car expenses will not be eligible for an advance unless pre -authorized by the Department
Head.
e) Travel that is canceled or postponed for more than 30 days requires that any advanced funds be
returned to the Auditor -Controller's Office within five (5) working days of the scheduled departure
date. If the advance is not returned within this time frame, the employee will jeopardize their
standing to receive advances in the future.
fl Travel reimbursement claims and documentation of expenditures following travel advances are due
to the Auditor -Controller within 30 calendar days after completion of travel. The due date may be
extended if deemed appropriate by the 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.
g) The amount of any travel advance provided shall be shown on the claim form and shall be deducted
from the total of all expenses listed on the claim form. If the amount advanced exceeds the actual
expense, a remittance, in the form of a personal check or money order only, must accompany the
claim and be submitted to the Auditor- Controller's Office. Said claim must be submitted to the
Auditor -Controller's Office within 30 calendar days after completion of travel. It is the responsibility
of the Department Head to ensure that any excess travel advances are returned to the County.
Unsettled claims become taxable to the employee.
8) COMPLIANCE — RESPONSIBILITY OF CLAIMANT
a) It is the responsibility of the claimant to understand and follow all policies and procedures herein in
order to receive reimbursement for mileage, travel and expense claims. Any form completed
improperly or procedure not followed may result in the return of a claim without reimbursement.
Claimants who repeatedly complete forms inaccurately may be subject to disciplinary action.
b) The submitted claim shall contain adequate and sufficient information that meets the IRS requirements to
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substantiate business expenses (date, location of destination, business purpose of travel). The primary
evidence supporting these requirements shall be receipts (except for that of per diem meal reimbursements).
Claims submitted without proper documentation and Department Head authorization will be denied or
reduced accordingly.
c) Authorization to incur expenses must be obtained as set forth in this County policy and as may be directed
by the department.
d) Forms which require Chief Administrative Officer approval should be submitted to the Chief
Administrative Officer after Department Head approval at least 25 days prior to travel to allow time
for processing through County Administration and the Auditor- Controller's Department.
e) The Auditor -Controller's Office shall review claims to determine compliance, and if found incomplete
will return the request to the claimant noting the areas of deficiency. All claims will be processed
promptly.
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Appendix IX
IRS PUBLICATION 1075 COMPLIANCE POLICY
1. POLICY
It is the policy of Butte County to comply with the provisions of the IRS Publication 1075 with regard to
background check requirements for County employees who have direct access to Federal Tax Information (FTI)
in the course of their assigned duties. In accordance with Internal Revenue Service (IRS) Publication 1075 Tax
Information Security Guidelines for Federal, State and Local Agencies (Publication 1075), individuals having
direct access to FTI are subject to a background investigation including a criminal history screening prior to
access to FTI data, and periodically thereafter.
2. APPLICABILITY
This policy is applicable to all current and prospective employees, volunteers, agents, contractors and
subcontractors of the County of Butte having direct access to FTI.
3. DEFINITIONS
TERM
DEFINITION
Appointing Authority
A department head, or any person or group of persons
similarly designated as responsible to make or revoke an
appointment to any position in a specified department for the
County.
Background
Includes a review of Federal Bureau of Investigation (FBI)
Investigation
fingerprint results through the state identification bureau,
California Department of Justice (DOJ), to identify suitability
for employment; a check of local law enforcement agencies
where the subject has lived, worked and/or attended school
within the last seven (7) years prior to the investigation; and
citizenship/residency validation utilizing the United States
Citizenship and Immigration Services (USCIS) Form I-9 and
the USCIS E -Verify system. Background Investigation will not
include credit report and financial history.
Criminal History
Conviction and arrest information from all 50 states obtained
through the background investigation, excluding criminal
history prohibited for consideration by state and federal
statutes, rules and regulations (e.g., judicially dismissed
convictions and crimes committed as a juvenile).
Custodian of Records
Individual designated by an agency as responsible for the
security, storage, dissemination, and destruction of the
criminal records furnished to the agency, and who serves as
the primary contact for the DOJ for any issues related to
fingerprint results.
E -Verify
A USCIS internet-based system that compares information
from Employment Eligibility Verification Form I-9 to
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4. GUIDELINES
Each County Department that has been authorized by the IRS to receive FTI for business operations has
identified each position/employee having direct access to FTI. Identified individuals for positions having direct
access to FTI must undergo and pass a background investigation prior to being permitted direct access to FTI
and are subject to reinvestigation every ten (10) years thereafter in accordance with IRS Publication 1075
requirements.
The minimum requirements of the background investigation and reinvestigation include criminal history
screening as follows:
• Review of FBI fingerprint results that includes criminal history in all 50 states.
• Check of local law enforcement agencies where the individual requiring the background
investigation has lived, worked and/or attended school within the last seven (7) years, and if
applicable, a check of the appropriate agency for any identified arrests.
• Reinvestigate each individual with access to FTI within ten (10) years from the date of the previous
background investigation.
• Validate citizenship/residency to confirm the individual's eligibility to legally work in the United
States (US).
Validation of citizenship/residency shall include the following:
• Utilization of the Form I-9 and supporting documents;
Within three (3) days of completion of Form I-9, verify employment status through the E -Verify
system; and
• Ongoing monitoring for expired employment eligibility, if applicable.
Criminal history screening for employment purposes, including reinvestigation screening, will be conducted in
accordance with Title 2, California Code of Regulations (CCR) § 11017 and 11017.1, Equal Employment
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government records to confirm an individual is authorized to
work in the US.
Federal Tax
Includes tax returns or return information received directly
Information
from the IRS or obtained through an authorized secondary
source, such as Social Security Administration, Federal Office
of Child Support Enforcement, Bureau of the Fiscal Service, or
Centers for Medicare and Medicaid Services, or another entity
acting on behalf of the IRS pursuant to an IRC 6103(p)(2)(B)
Agreement.
Reinvestigation
Includes a redetermination of the background investigation,
based on the timelines set forth in IRS Publication 1075 and/or
new information obtained since the last background
investigation.
4. GUIDELINES
Each County Department that has been authorized by the IRS to receive FTI for business operations has
identified each position/employee having direct access to FTI. Identified individuals for positions having direct
access to FTI must undergo and pass a background investigation prior to being permitted direct access to FTI
and are subject to reinvestigation every ten (10) years thereafter in accordance with IRS Publication 1075
requirements.
The minimum requirements of the background investigation and reinvestigation include criminal history
screening as follows:
• Review of FBI fingerprint results that includes criminal history in all 50 states.
• Check of local law enforcement agencies where the individual requiring the background
investigation has lived, worked and/or attended school within the last seven (7) years, and if
applicable, a check of the appropriate agency for any identified arrests.
• Reinvestigate each individual with access to FTI within ten (10) years from the date of the previous
background investigation.
• Validate citizenship/residency to confirm the individual's eligibility to legally work in the United
States (US).
Validation of citizenship/residency shall include the following:
• Utilization of the Form I-9 and supporting documents;
Within three (3) days of completion of Form I-9, verify employment status through the E -Verify
system; and
• Ongoing monitoring for expired employment eligibility, if applicable.
Criminal history screening for employment purposes, including reinvestigation screening, will be conducted in
accordance with Title 2, California Code of Regulations (CCR) § 11017 and 11017.1, Equal Employment
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Opportunity Commission (EEOC) Enforcement Guidance 915.002, and California Department of Fair
Employment and Housing (DFEH) rules and regulations.
Individuals who do not successfully pass the background investigation and reinvestigation shall not be
permitted to hold a position with direct access to FTI.
All offers of employment and work assignments are conditional pending successful completion of the policy
requirements.
Contractors and subcontractors are responsible for ensuring all IRS Publication 1075 requirements are met prior
to permitting employee direct access to FTI.
5. ROLES AND RESPONSIBILITIES
Responsibility for maintaining the Butte County IRS Background Investigation Requirements Compliance
Policy shall be County wide. Departments shall be responsible for conducting background investigations for
prospective employees and reinvestigations for current employees. The successful implementation of the
background investigation process depends upon the cooperation of all parties involved identified in each
individual Department's IRS 1075 compliance procedures as applicable. General roles and responsibilities are
as follows:
ROLE
RESPONSIBILITY
Prospective and
• Complete necessary authorizations to allow the County to
Current Employees
conduct the initial background investigations in accordance
with access to FTI
with IRS Publication 1075 and this policy
Human Resources
• Verify employment eligibility for new employees;
• Human Resources or authorized department process and
receive background check information;
• Determine general background clearance or denial based on
established criteria and coordinate appropriate actions with the
impacted Department as appropriate
Department
• Receive clearance or denial information from Human
Appointing Authority
Resources or this information may come directly from DOJ to
an authorized department
• Make final determination on background clearance for access
to FTI if derogatory information is revealed during
background check process (as outlined in Section 7 of this
Policy)
6. CRITERIA FOR DISQUALIFICATION
Conditional employment offers may be withdrawn and current employees may be determined to be ineligible
for employment based on only the results of the criminal background investigation and/or eligibility to be
employed in the United States.
Disqualification Criteria
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Felony arrests and convictions including, but not limited to:
• Fraud: welfare, insurance, financial, theft or bribery
• Physical: assault, sexual, murder, manslaughter, kidnapping, false imprisonment or domestic
violence
• Drug and/or alcohol
Misdemeanor arrests and convictions including, but not limited to:
• Misuse of data
• Inappropriate access to data
• Stalking
• Theft/Burglary
• Evasion of law enforcement
• Other crimes of moral turpitude
The crimes listed above are offenses that may render anyone's background unsuitable for employment having
direct access to FTI and does not attempt to specify every unacceptable criminal conviction or questionable
background.
Background investigation results will be considered utilizing an individual assessment with any basis for denial
being j ob-related and consistent with business necessity.
In the event the background investigation results in an unfavorable outcome or requires clarification, individuals
will have the opportunity to provide additional information within a specified timeframe in accordance with
existing law. Final decisions resulting in a disqualification will be provided in a written statement with the
reason for the denial from the Director — Human Resources.
7. TREATMENT OF DISQUALIFIED EMPLOYEES
This section shall apply to employees who have permanent status in their position having access to FTI and who
are subsequently determined to be disqualified from the position following a background reinvestigation.
Employees hired before October 22, 2019: Following written notice of disqualification and employee response,
Human Resources shall coordinate with the Department regarding reassignment of the employee to duties in the
same classification that do not require access to FTI. Should the employee's disqualifying conviction(s) also
render them ineligible for employment in their current position regardless of access to FTI Human Resources
shall make a reasonable effort to coordinate placement of the employee into another position for which he or she
qualifies at the discretion of the Appointing Authority with concurrence of the Director of Human Resources.
Employees hired after October 22, 2019: The employee shall be issued a Notice of Proposed Termination for
failing to meet the requirements of the position, and shall be entitled to all pre and post -action due process as
afforded by the applicable Memorandum of Understanding disciplinary appeal/grievance process.
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Appendix X
Telework Polic
Purpose
Telework is defined as an arrangement that allows an employee to work from an alternate worksite, other than
their primary County worksite. The purpose of this Telework Policy is to establish criteria for Butte County
employees to telework and enable County functions to be performed from an alternate worksite.
Scope
This Telework Policy and its use is at the sole discretion of each Department Head or designee, and is not an
employee right. County employees that meet the eligibility criteria of this Policy, as determined by the
department, may be considered for telework. It is not the intent of this policy for departments to mandate/require
employees to Telework. In times of a declared emergency/disaster when telework is an option to assist with
mitigating the emergency/disaster, department policies and/or guidelines may apply.
Policy
The County will implement this Policy in keeping with the mission of the County and its respective departments.
Any agreement between the County and an Employee to telework is voluntary and subject to the terms and
conditions set forth in this Policy below.
Eligibility Criteria
The Department Head or designee has the discretion to determine the employees and positions who may telework,
based on the following criteria:
1. The operational needs of the employee's department and the County;
2. The potential for disruption to the County's functions;
3. The ability of the employee to perform his or her specific job duties from a location separate from his or
her County Worksite (`Alternate Worksite"), without diminishing the quantity or quality of the work
performed;
4. The degree of face-to-face interaction with other County employees and the public that the employee's
position requires;
5. The portability of the employee's work;
6. The ability to create a functional, reliable, safe, and secure Alternate Worksite for the employee at a
reasonable cost;
7. The risk factors associated with performing the employee's job duties from a location separate from his
or her County Worksite;
8. The ability to measure the employee's work performance from a location separate from his or her County
Worksite;
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9. The employee's supervisory responsibilities;
10. The employee's need for supervision;
11. Other considerations deemed necessary and appropriate by the employee's immediate supervisor,
Department Head, and/or the Human Resources Director.
Telework Arrangement ("TA")
1. Teleworking under this policy is a voluntary arrangement between a department and its employees.
2. Employees acknowledge and agree that a TA is temporary and subject to the discretion of management.
Telework will be approved on a case-by-case basis consistent with the eligibility criteria above.
3. Employees agree that working under a TA does not entitle an employee to telework at will. Employees
will return to their normal County worksite upon completion of a telework assignment or as directed by
the Department Head or designee.
4. Employees must adhere to the provisions set forth in this Policy. Any deviation requires prior written
approval from the County.
5. Unless otherwise specified in writing, the County will not be responsible for expenses employees incur as
a result of, or to facilitate, telework.
6. Any violation of this policy by the employee may result in termination of the TA and/or disciplinary
action, up to and including termination of employment.
Work Schedule
Work schedules under a TA will be established by Department management.
Non-exempt employees who receive overtime shall be assigned to work a specified schedule, including
rest and meal breaks ("Work Schedule"). Any deviation from the Work Schedule must be approved in
advance, in writing, by management.
2. Non-exempt employees must take meal and rest breaks while teleworking, just as they would if they were
reporting to work at their County worksite.
3. Non-exempt employees may not telework outside their normal work hours without prior written
authorization from their supervisor. A non-exempt employee who fails to secure written authorization
before teleworking outside his or her normal work hours may face discipline in accordance with the
County's policy for working unauthorized overtime.
4. Employees shall continue to abide by practices, policies and procedures for requests of sick leave, vacation
and other leaves of absences. Requests to work overtime, declare vacation or take other time off from
work must be pre -approved in writing by each employee's supervisor. If an employee becomes ill while
working under a TA, he/she shall notify his/her supervisor immediately and record on his/her timesheet
any hours not worked due to incapacitation.
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Salary & Benefits
Employees' salary and benefits remain unchanged while working under a TA.
Availability & Responsiveness
Employees working under a TA are required to be accessible in the same manner as if they are working at their
County worksite.
1. Employees must be accessible via telephone, email, and/or network access to their supervisor and other
County employees during all designated work hours, as if working at their County worksite.
2. Employees shall check and respond to their County -related business phone messages and emails on a
consistent basis, as if working at their County worksite.
3. All periods of employees' unavailability must be approved in advance by management in accordance with
department policy and documented on the appropriate leave of absence slip.
Performance & Productivity
Employees authorized to perform work under a TA at an Alternate Worksite must meet the same standards of
performance and professionalism expected of County employees in terms of job responsibilities, work product,
timeliness of assignments, and contact with other County employees and the public.
1. All existing duties, obligations, responsibilities and conditions of employment remain unchanged.
Employees are expected to abide by all County and departmental policies and procedures, rules and
regulations, applicable Memoranda of Understanding, and all other official County documents and
directives.
2. All of employees' existing supervisory relationships, lines of authority and supervisory practices remain
in effect. Prior to the approval of a TA, supervisors and employees should agree upon a reasonable set of
goals and objectives to be accomplished. Supervisors should use reasonable means to ensure that timelines
are adhered to and that goals and objectives are achieved.
3. Employees are required to maintain an accurate record of all hours worked at the Alternate Worksite and
make that record available to supervisor(s) upon request.
4. Employees must notify their supervisor promptly when unable to perform work assignments because of
equipment failure or other unforeseen circumstances.
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Alternate Worksite Environment
Employees must provide department management with the location and address of the Alternate Worksite. The
Alternate Worksite is subject to approval by management. Any change in approved worksite should be
communicated with their department/supervisor as soon as possible.
An employee's Alternate Worksite should be to the extent possible, quiet and free of distractions, with
reliable and secure internet and/or wireless access.
1. The Alternate Worksite shall be maintained in a safe and ergonomic as possible, free from hazards and
other dangers to the employee and equipment.
2. Working under a TA is not a substitute for dependent care or child care, and is not intended to enable
employees to conduct personal or non -County business while on County time. Employees shall ensure
dependent care will not interfere with work responsibilities.
3. Workers' Compensation benefits will apply only to injuries arising out of and in the course of employment
as defined by Workers' Compensation law. Employees must report any work-related injuries to their
supervisor immediately. The County shall not be responsible for injuries or property damage unrelated to
work activities, including injuries to third persons when said injuries occur at the Alternate Worksite.
Equipment & Supplies
1. Employees may receive approval to use personal computer equipment or be provided with County issued
equipment at the discretion of the Department Head or designee.
2. Equipment provided by the County for the purpose of facilitating telework may be used: 1) Only at the
Alternate Worksite(s) designated above; 2) Only by the employee; and, 3) in accordance with the
Computer Use and Ethics Policy. Equipment and materials provided by the County for use at the Alternate
Worksite remain the property of the County, and employees agree to take the necessary steps and
precautions to safeguard all County equipment and materials.
3. If the County has provided equipment, employees agree to follow the County's Policy for the use of such
equipment. Employees will report to their supervisor any loss, damage, or unauthorized access to County
owned equipment, immediately upon discovery of such loss, damage, or unauthorized access.
4. The County is responsible for maintaining, repairing, and replacing County -owned equipment issued to
an employee. In the event of equipment malfunction, the employee must notify his/her supervisor
immediately. In the event of any delay in repair or replacement of County equipment, or other
circumstances that would make it impossible for the employee to telework, the Department may assign
other work, move the employee to another work location, or return the employee to his/her primary County
Worksite.
5. Employees may receive remote access to the County network, as approved by the Department Head or
designee. Employees who remotely access the County network must do so in accordance with Section 7
of the Computer Use and Ethics Policy, titled Remote Access.
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6. Employees must take reasonable precautions to ensure their devices (e.g., computers, laptops, tablets,
smart phones, etc.) are secure before connecting remotely to the County's network and must close or
secure all connections to County desktop or system resources (e.g., remote desktop, VPN connections,
etc.) when not conducting work for the County.
Security & Confidentiality
1. Employees shall ensure that all official County documents are retained and maintained according to the
normal operating procedures in the same manner as if working at a County worksite.
2. Employees shall exercise the same precautions to safeguard electronic and paper information, protect
confidentiality, and adhere to the County's records retention policies.
3. Employees must safeguard all sensitive and confidential information (both on paper and in electronic
form) relating to County work accessed from the Alternate Worksite or transported from their County
worksite to the Alternate Worksite.
4. Employees must also take reasonable precautions to prevent third parties from accessing or handling
sensitive and confidential information produced at the Alternate Worksite, accessed from the Alternate
Worksite, or transported from their County worksite to the Alternate Worksite.
5. Employees must return all records, documents, equipment, and correspondence to the County at the
termination of the TA or upon request by their supervisor, Department Head or Human Resources.
ACKNOWLEDGMENT
By my signature below, I acknowledge that I have read and understand the County's Telework Policy, and that I
agree to abide by the terms and conditions set forth therein.
Employee Printed Name
Employee Signature
Department Signature
Personnel Rules Revision- November 2020
Date
Date
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