CIVIL SERVICE
Sec. 33: The Civil Service Commission shall consist of five electors of the County, appointed by the Board of Supervisors. Upon the expiration of the term of any Commissioner, the Board of Supervisors shall appoint his/her successor for a term of five years. Any vacancy in the office of the Commissioner shall be filled by the Board of Supervisors for the unexpired term. Each Commissioner shall serve until the first Monday after the first day of January of the fifth year following his/her appointment, or until his/her successor is appointed and qualified. No Commissioner shall hold any other salaried County office.
The Board of Supervisors by a four-fifths vote of all the members, may remove a Commissioner during his/her term of office, but only upon stating in writing the reasons for such removal, and allowing him an opportunity to be publicly heard in his/her own defense. The Commission shall elect one of its members President.
(Amendment ratified June 3, 1986. In effect August 22, 1986;)
Sec. 34: Each Commissioner shall receive a compensation as may be fixed by the Board of Supervisors for each meeting of the Commission attended by him, not to exceed five meetings in any calendar month. The Commission shall appoint a Chief Examiner, and such other employees as it may deem necessary. The Chief Examiner shall act as secretary.
(Amendment ratified November 6, 1984. In effect December 19, 1984.)
Sec. 35: The Civil Service of the County is hereby divided into the unclassified and the classified service. The unclassified service shall include:
(a)
All officers elected by the people, and their chief deputies.
(b)
All assistants, deputies and other employees in the office of the District Attorney.
(c)
All appointive boards and commissions.
(d)
All persons serving the County without compensation.
(e)
Not to exceed two confidential employees in the office of the Board of Supervisors.
(f)
Not to exceed two persons serving as Assistant Sheriff. (Amendment ratified November 5, 1996. In effect November 27, 1996.)
The classified service shall comprise all positions not specifically included by this Charter in the unclassified service, provided that in the case of a vacancy requiring peculiar and exceptional qualifications of a scientific, professional or expert character, upon satisfactory evidence that competition is impracticable, and that the position can best be filled by the selection of a person of recognized attainments, competitive examinations may be suspended, but no such suspension shall be general in its application to such position, and all such cases of suspension shall be reported by the Commission, together with the reasons therefore, to the Board of Supervisors.
(Amendment ratified November 7, 1972. In effect March 1, 1973.)
Sec. 35.1: All appointive agency and department heads, other than department heads reporting to an agency head, appointed by the Board of Supervisors on or after the effective date of this section shall be included in the unclassified service and shall serve at the pleasure of the Board of Supervisors. This section shall supersede any conflicting provision of Section 17.3. Persons hereafter appointed to positions in county hospitals as directors of Highland General and Fairmont Hospitals and their chief assistant administrators, associate directors or associate administrators, deputy directors, medical directors, financial directors, and nursing directors shall be included in the unclassified service and shall serve at the pleasure of the appointing authority.
(Amendment ratified June 3, 1986. In effect August 22, 1986.)
Sec. 35.2: The unclassified service shall include entry level positions designated by an appointing officer with approval of the civil service commission for persons who meet minimum qualifications and are certified as persons with severe disabilities. Notwithstanding any other provisions of the Charter, persons appointed to such positions under this subsection, and whose job performance is certified as satisfactory by their appointing officer, and who remain in said position for one year, shall acquire civil service status. The civil service commission shall adopt rules and regulations to enforce and implement this subsection which shall include performance evaluation requirements, definitions of and standards for the certification of the severely disabled.
(Amendment ratified March 24, 2000. In effect January 1, 2001.)
Sec. 36: It shall be the duty of the Civil Service Commission:
(a)
To provide for the classification of all positions in the classified Civil Service and from time to time for the reclassification of any or all such positions and for the allocation and reallocation of individual positions to classes in such manner as to permit and encourage the filling of higher classes by promotion. In the performance of such duty, the Commission shall be guided by the principles presently set forth in Section 18,801 of the Government Code of the State of California. Each such action of the Commission shall be submitted to the Board of Supervisors and shall become effective upon approval by said Board.
(Amendment ratified November 2, 1954. In effect March 8, 1955.)
(b)
To provide for the preparation and holding of competitive examinations in order to test the relative fitness of all applicants for appointment to or promotion in the classified Civil Service; provided, however, that noncompetitive qualifying examinations may be given to incumbents with tenure in positions which are reclassified or reallocated, and that the name of each incumbent who qualifies in such qualifying examination shall be placed on an eligible list and the said incumbent shall be appointed subject to probation to the reclassified or reallocated position, anything in this Charter to the contrary notwithstanding. Adequate notice but not less than twenty-five days notice shall be given of each competitive examination.
(Amendment ratified June 7, 1966. In effect February 27, 1967.)
(c)
To provide a period of probation for each class in the classified civil service before appointment or promotion is complete, during which period a probationer may be discharged or reduced. Each such action of the Commission shall be submitted to the Board of Supervisors and shall become effective upon approval by said Board.
(Amendment ratified November 2, 1954. In effect March 8, 1955.)
(d)
To examine the payrolls of all employees in the classified civil service and the County Auditor shall not pay or approve any payment of salaries to such persons unless there appears on the payroll therefor, a certification by the Commission that the persons named thereon have been appointed to their respective positions in accordance with the provisions of this Charter.
(Amendment ratified November 5, 1940. In effect December 4, 1940.)
(e)
To recommend to the Board of Supervisors at least sixty days prior to the end of each fiscal year a rate of pay for each class in the classified civil service based upon a comparison of salaries being paid for like service and working conditions in other comparable places of public and private employment in order that all salaries shall be uniform for like service in each class of the classified civil service.
(Amendment ratified November 2, 1954. In effect March 8, 1955.)
Sec. 37: Appointments to positions in the classified civil service shall be either regular or temporary.
Whenever a position in the competitive classified civil service is to be filled by a regular appointment, the appointing authority shall notify the Commission of that fact, and the Commission shall certify the names and addresses of the candidates having the five highest scores on the eligible list for the class or grade to which such position belongs, and the appointing authority shall appoint to such position one of the persons certified to him.
If a candidate refuses three offers of a regular appointment from the same eligible list, his name shall be moved to the last place on said list, provided however, that a candidate may file a written request with the Commission that his name be withheld from certification, in which event he shall not be certified until he files a written request with the Commission that his name be restored on said list if said list is then in existence.
Whenever a position in the competitive classified civil service is to be filled by a temporary appointment the appointing authority shall notify the Commission of the fact, stating the length of employment, which shall not exceed a period of five months except when employed for the duration of a leave of absence, and the Commission shall certify the names and addresses of the candidates having the five highest scores on the eligible list for the class or grade to which such position belongs, who have filed with the commission a written request for temporary appointments, and the appointing authority shall appoint to such position one of the persons certified to him.
Temporary appointments cannot exceed a total period of five months for any one person in any one county department in any one fiscal year except when employed for the duration of one leave of absence.
During the time a person is occupying a position under a temporary appointment, such person shall be eligible to certification for a regular appointment in the same manner as though such person had not received a temporary appointment.
Employment under a temporary appointment, or under a temporary appointment for the duration of a leave of absence, shall give no right or preference to a regular appointment, and shall serve as no part of a period of probation.
A person in any position in the classified civil service may be appointed to another position of no higher rate of compensation in the same class and grade without certification from an eligible list with the written consent of himself, and where the appointment is to another county department then also with the written consents of the appointing authorities, such consent or consents being first filed with the County Clerk and duplicate copies thereof being filed with the Civil Service Commission.
(Amendment ratified November 6, 1984. In effect December 19, 1984.)
Sec. 38: When a position now in the unclassified Civil Service is by Charter amendment or by action of the Board of Supervisors included in the classified Civil Service, any employee who has held such position for one year prior to the effective date of such action shall be blanketed into the classified Civil Service and shall hold his position until discharged, reduced, promoted or transferred in accordance with the provisions of the Charter relating to Civil Service.
(Amendment ratified June 7, 1966. In effect February 27, 1967.)
Sec. 39: Any person who has served in the armed forces of the United States during a war or campaign as defined by Section 1897 of the Government Code of the State of California and who has been discharged or released under honorable conditions, who shall become eligible for certification from eligible lists by attaining the passing mark established for the examination shall be given one of the following preferential credits which added to his rating on such examination shall constitute his total rating:
(a)
In entrance examinations: Disabled Veterans, 10 points; All other Veterans, 5 points;
(b)
In promotional examinations: Disabled Veterans, 3 points; All other Veterans, 1 point.
For the purpose of this section "disabled veteran" means any veteran as defined herein who is currently declared by the United States Veterans Administration to be 10 percent or more disabled as a result of his service.
(Amendment ratified June 7, 1966. In effect February 27, 1967.)
Sec. 40: Any officer or employee in the classified civil service may be removed, suspended or reduced in rank or compensation by the appointing authority, after appointment or promotion is complete, by an order in writing, stating specifically the reasons therefor. Said order shall be filed with the Civil Service Commission and a copy thereof shall be furnished to the person to be removed, suspended or reduced. Such employee may reply in writing to said order within ten days from the date of filing said order with the Civil Service Commission. Any person removed, suspended or reduced in rank or compensation, may, within ten working days after presentation to him of the order of removal, suspension or reduction as hereinabove provided, appeal to the Civil Service Commission from such order. The Commission shall within two weeks from the filing of said appeal, commence the hearing thereof, and shall thereupon fully hear and determine the matter, and either affirm, modify or revoke such order. The appellant shall be enTitled to appear personally, produce evidence, and to have counsel and a public hearing. The finding and decision of the Commission shall be certified to the official from whose order the appeal is taken, and shall forthwith be enforced and followed by him.
(Amendment ratified June 7, 1966. In effect February 27 1967.)
Sec. 41: (Repealed. Repeal ratified November 4, 1986, effective January 13, 1987.)
Sec. 42: The Commission, for the purpose of carrying into effect the civil service provision of this Charter, shall have power to investigate the conduct and operation of any department or board, and to subpoena and require the attendance of witnesses and the production of books and papers, and to administer oaths. Any person failing to obey its subpoena or refusing to testify or produce books, or papers required of him shall be deemed to be in contempt, and the Commission shall have power to take such proceedings in the punishment thereof as may be taken by boards of supervisors as provided by the laws of the State of California.
Sec. 43: The Commission shall have power to adopt such rules as may be necessary and proper for the enforcement of the foregoing provisions of this Charter.
Sec. 44: No person in the classified civil service or seeking admission thereto, shall be appointed, reduced or removed, or in any way favored or discriminated against because of his political or religious opinions or affiliations or because of race or national origin.
(Amendment ratified June 2, 1964. In effect March 18, 1965.)
Sec. 45: If any portion of this Charter relating to civil service should be held to be unconstitutional, the Board of Supervisors shall, by ordinance, provide for a civil service of the County, prescribe the duties of the Civil Service Commission, and such civil service rules and regulations as they shall deem proper to govern the appointment of any and all officers, assistants, deputies, clerks, attaches, and other persons to be employed in the several offices and institutions of the County.