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SANTA CLARA COUNTY CODE OF ORDINANCES: CHAPTER III. MERIT SYSTEM*

Copyrighted by SANTA CLARA COUNTY CODE & Municipal Code Corporation, 1998.

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CHAPTER III.
MERIT SYSTEM*

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Charter reference(s)--Personnel system, Art. VII; political activities, § 707.

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ARTICLE 1.
GENERALLY

Sec. A25-34. Rules established; applicability.

There are hereby established merit system rules for the administrative service of the County. These rules shall apply in their entirety to all employees in the classified service, and Articles 1, 2, 6, 7, and 8 as set forth in this chapter shall apply to all employees in the unclassified service.

(Code 1954, Tit. 1, Ch. 3, Art. 1.5)

Charter reference(s)--Unclassified and classified service, § 701.

Sec. A25-35. "Allocation" defined.

As used in this chapter, "allocation" means the official determination of the class to which a position belongs; and the assignment of a position to its class.

(Code 1954, § 3.3.1-1)

Sec. A25-36. "Alternate classifications" defined.

As used in this chapter, "alternate classifications" means a series of two or more related classifications treated as a single classification in the salary ordinance, with the appointing authority allowed a choice from any of the listed alternatives in filling a vacancy in a coded position; and in which continuing incumbents may qualify for status in the next higher alternative classification through such qualifying examinations as may be required by the Director.

(Code 1954, § 3.3.1-54; Ord. No. NS-304.46, § 1, 8-7-67)

Sec. A25-37. "Anniversary date" defined.

As used in this chapter, "anniversary date" means the anniversary of the date an employee was appointed to the employee's current position unless otherwise notified by the merit system rules.

(Code 1954, § 3.3.1-2; Ord. No. NS-300.14, § 1, 10-13-59; Ord. No. NS-304.113, § 2, 8-30-88)

Sec. A25-38. "Applicant" defined.

As used in this chapter, "applicant" means a person, who, under the rules, has made formal application for employment.

(Code 1954, § 3.3.1-3)

Sec. A25-39. "Appointing authority" defined.

As used in this chapter, "appointing authority" means the group or person having the lawful power to make appointments or to remove persons from positions in the County service.

(Code 1954, § 3.3.1-5)

Sec. A25-40. "Appointment" defined.

As used in this chapter, "appointment" means the offer to a person and the person's acceptance of a position in accordance with these rules.

(Code 1954, § 3.3.1-4; Ord. No. NS-304.113, § 3, 8-30-88)

Sec. A25-41. "Assembled examination" defined.

As used in this chapter, "assembled examination" means an examination conducted at a specified time and place, under the supervision of an examiner.

(Code 1954, § 3.3.1-20.1; Ord. No. NS-304.21, § 1, 11-5-62)

Sec. A25-42. "Board" defined.

As used in this chapter, "Board," when used alone, means the Personnel Board of this County.

(Code 1954, § 3.3.1-6)

Sec. A25-43. "Certification" defined.

As used in this chapter, "certification" means the submission of names of eligibles from an appropriate list to an appointing authority by the Director of Personnel.

(Code 1954, § 3.3.1-7)

Sec. A25-44. "Class or classes of positions" defined.

As used in this chapter, "class or classes of positions" means a group of positions having duties and responsibilities sufficiently similar that the same title, examples of duties and requirements may be applied.

(Code 1954, § 3.3.1-8)

Sec. A25-45. "Classification plan" defined.

As used in this chapter, "classification plan" means the arrangement and grouping of positions in classes according to duties, authority and responsibilities.

(Code 1954, § 3.3.1-9; Ord. No. NS-304.12, § 1, 12-8-58)

Sec. A25-46. "Classified service" defined.

As used in this chapter, "classified service" is defined as in Section 701 of the Charter.

(Code 1954, § 3.3.1-10; Ord. No. NS-304.124, § 1, 9-17-02)

Sec. A25-47. "Continuous employment" defined.

As used in this chapter, "continuous employment" means employment uninterrupted from the date of appointment, except by authorized absence.

(Code 1954, § 3.3.1-11)

Sec. A25-48. "Demotion" defined.

As used in this chapter, "demotion" means the reduction of an employee from a position in one class to a position in a lower class either on a voluntary basis or as the result of a disciplinary action.

(Code 1954, § 3.3.1-13; Ord. No. NS-304.6, § 1, 6-18-56; Ord. No. NS-304.21, § 1, 11-5-62)

Sec. A25-49. "Department" defined.

As used in this chapter, "department" means an administrative unit of the County government.

(Code 1954, § 3.3.1-14)

Sec. A25-50. "Director" defined.

As used in this chapter, "Director" means the Director of the Employee Services Agency or his or her designee.

(Code 1954, § 3.3.1-15; Ord. No. NS-300.541, § 5, 10-19-93)

Sec. A25-51. "Dismissal" defined.

As used in this chapter, "dismissal" means removal from the employee's position of any permanent officer or employee.

(Code 1954, § 3.3.1-16; Ord. No. NS-304.113, § 4, 8-30-88)

Sec. A25-52. "Eligible" defined.

As used in this chapter, "eligible" means any person on employment or reemployment list for a given class.

(Code 1954, § 3.3.1-17)

Sec. A25-53. "Employee" defined.

As used in this chapter, "employee" means a person holding a position in the County service.

(Code 1954, § 3.3.1-18)

Sec. A25-54. "Employment list" defined.

As used in this chapter, "employment list" means the list of those qualified for employment or reemployment in a class.

(Code 1954, § 3.3.1-19)

Sec. A25-55. "Extra help" defined.

As used in this chapter, "extra help" means persons employed for periods when the work load within a department is of too great a volume to be expeditiously handled by the regular employees.

(Code 1954, § 3.3.1-47)

Sec. A25-56. "Layoff" defined.

As used in this chapter, "layoff" means termination of service without fault on the part of the employee, because of lack of work, lack of funds, or in the interests of economy.

(Code 1954, § 3.3.1-21)

Sec. A25-57. "Leave of absence" defined.

As used in this chapter, "leave of absence" means permission to be absent from duty for a specified period and for a specified purpose, with the right to return at the expiration of the period.

(Code 1954, § 3.3.1-22; Ord. No. NS-304.35, § 1, 5-23-66)

Sec. A25-58. "Limited term appointment" defined.

As used in this chapter, "limited term appointment" means an appointment to be filled by a regular employee and limited in duration to a particular period.

(Code 1954, § 3.3.1-49; Ord. No. NS-304.6, § 1, 6-18-56)

Sec. A25-59. "Limited term position" defined.

As used in this chapter, "limited term position" means a regular position limited in duration to a particular period.

(Code 1954, § 3.3.1-48; Ord. No. NS-304.6, § 1, 6-18-56)

Sec. A25-60. "Original appointment" defined.

As used in this chapter, "original appointment" means the first appointment of an employee to a classified position.

(Code 1954, § 3.3.1-23)

Sec. A25-61. "Permanent employee" defined.

As used in this chapter, "permanent employee" means an employee who has satisfactorily completed the probationary period of the employee's present class.

(Code 1954, § 3.3.1-24; Ord. No. NS-304.6, § 1, 6-18-56; Ord. No. NS-304.113, § 5, 8-30-88)

Sec. A25-62. "Permanent position" defined.

As used in this chapter, "permanent position" means any position in the classified service that will require the services of a regular employee for more than six months or until abolished by an official act.

(Code 1954, § 3.3.1-25)

Sec. A25-63. "Permanent-probationary" defined.

As used in this chapter, "permanent probationary" means an employee who has permanent status in the classified service through successful completion of a probationary period and who is serving a new probationary period in a different class.

(Code 1954, § 3.3.1-50; Ord. No. NS-304.21, § 2, 11-5-62)

Sec. A25-64. "Position" defined.

As used in this chapter, "position" means a combination of duties regularly assigned to be performed by one person.

(Code 1954, § 3.3.1-26)

Sec. A25-65. "Probationary period" defined.

As used in this chapter, "probationary period" means the first six months or any period not to exceed one year of continuous service following appointment from an eligible list to a position in the classified service.

(Code 1954, § 3.1.1-27; Ord. No. NS-304.14, § 2, 10-13-59)

Sec. A25-66. "Promotion" defined.

As used in this chapter, "promotion" means advancement from a position in one class to a position in a class with a higher salary range.

(Code 1954, § 3.3.1-28; Ord. No. NS-304.21, § 1, 11-5-62)

Sec. A25-67. "Provisional appointment" defined.

As used in this chapter, "provisional appointment" means the appointment of a qualified person to fill a position for which no appropriate employment list exists, pending an examination.

(Code 1954, § 3.3.1-29)

Sec. A25-68. "Public notice" defined.

As used in this chapter, "public notice" means announcements of examinations, meetings, hearings, and other actions of the Personnel Board or Personnel Department on bulletin boards in the office of the Personnel Department.

(Code 1954, § 3.3.1-30; Ord. No. NS-304.35, § 2, 5-23-66)

Sec. A25-69. "Qualified" defined.

As used in this chapter, "qualified" means an applicant or appointee who meets the employment standards for a class.

(Code 1954, § 3.3.1-31)

Sec. A25-70. "Reappointment" defined.

As used in this chapter, "reappointment" means the return of an employee to a former class through reinstatement or other methods provided by these rules.

(Code 1954, § 3.3.1-52; Ord. No. NS-304.21, § 2, 11-5-62)

Sec. A25-71. "Reemployment" defined.

As used in this chapter, "reemployment" means appointment from a reemployment list after layoff.

(Code 1954, § 3.3.1-52; Ord. No. NS-304.21, § 2, 11-5-62)

Sec. A25-72. "Reemployment list" defined.

As used in this chapter, "reemployment list" means a list of persons with permanent status in a class, who have been laid off and who are entitled to preference in appointment to vacancies in that class.

(Code 1954, § 3.3.1-32)

Sec. A25-73. "Regular employee" defined.

As used in this chapter, "regular employee" means a person appointed through certification to a vacancy in a regular position.

(Code 1954, § 3.3.1-46)

Sec. A25-74. "Regular position" defined.

As used in this chapter, "regular position" means any permanent position in the classified service that requires filling through certification or by a provisional appointment.

(Code 1954, § 3.3.1-45)

Sec. A25-75. "Reinstatement" defined.

As used in this chapter, "reinstatement" means the reappointment of an employee who has resigned.

(Code 1954, § 3.3.1-33)

Sec. A25-76. "Resignation" defined.

As used in this chapter, "resignation" means the voluntary action of an employee which separates an employee from the position held.

(Code 1954, § 3.3.1-34; Ord. No. NS-304.113, § 6, 8-30-88)

Sec. A25-77. "Separation" defined.

As used in this chapter, "separation" means any termination of employment.

(Code 1954, § 3.3.1-35)

Sec. A25-78. "Specification" defined.

As used in this chapter, "specification" means the official description of a class, including:

(a) The title,

(b) A statement of the duties and responsibilities, and

(c) The employment standards, such as education, experience, knowledge, skills and abilities which may be required of applicants.

(Code 1954, § 3.3.1-36)

Sec. A25-79. "Status" defined.

As used in this chapter, "status" means the condition of an employee's present appointment, such as extra help, provisional, probationary or permanent.

(Code 1954, § 3.3.1-38)

Sec. A25-80. "Suspension" defined.

As used in this chapter, "suspension" means an involuntary absence without pay imposed by the appointing authority for disciplinary purposes or pending investigation of charges.

(Code 1954, § 3.3.1-39)

Sec. A25-81. "Transfer" defined.

As used in this chapter, "transfer" means movement of an employee to a new position in the same class or a different class where the salary range of the new class does not exceed the salary range of the original class by more than ten percent or the percentage specified in a memorandum of understanding which applies to the employee prior to the transfer.

(Code 1954, § 3.3.1-40; Ord. No. NS-304.21, § 1, 11-5-62; Ord. No. NS-304.124, § 2, 9-17-02)

Sec. A25-82. "Unassembled examination" defined.

As used in this chapter, "unassembled examination" means an examination consisting of an appraisal of training, experience, work history, or other means for evaluating the relative qualifications of applicants without requiring them to appear in person.

(Code 1954, § 3.3.1-20.2; Ord. No. NS-304.21, § 1, 11-5-62)

Sec. A25-83. "Vacancy" or "vacant position" defined.

As used in this chapter, "vacancy" or "vacant position" means any unfilled position in the classified service.

(Code 1954, § 3.3.1-41)

Sec. A25-84. "Waiver" defined.

As used in this chapter, "waiver" means the voluntary relinquishment by an eligible of any right to consideration for appointment to a specific position.

(Code 1954, § 3.3.1-42)

Sec. A25-85. "Writing" defined.

As used in this chapter, "writing" includes printing and typewriting.

(Code 1954, § 3.3.1-44)

Sec. A25-86. "Year" defined.

As used in this chapter, "year" means the calendar year, unless designated otherwise.

(Code 1954, § 3.3.1-43)

Sec. A25-87. Work periods; time intervals.

Unless otherwise indicated, periods of time mentioned in these rules are computed on an hourly basis, with an 80-hour, bi-weekly work period used as the standard unit of measure. Six months therefore equal 13 periods of 80 hours each, or 1,040 hours. One year equals 2,080 hours or 26 bi-weekly periods.

An 80-hour bi-weekly period represents ten working days for an employee on an eight-hour, five-day work week schedule, and eight working days for an employee on a ten-hour, four-day work week schedule.

(Code 1954, § 3.3.1-53; Ord. No. NS-304.35, § 14, 5-23-66; Ord. No. NS-304.70, § 1, 9-14-71)

Amendment note--Ord. No. NS-304.70, § 1, changed the computation from a daily basis to an hourly basis.

Sec. A25-88. Assumption by County of municipal function.

(a) This section shall prevail over conflicting provisions of this chapter upon the assumption by the County of a municipal function of a city.

(b) A city employee performing a function which is assumed by the County and who has previously qualified for the city position through a merit or civil service system shall be eligible for transfer, without examination, to County employment provided there is no break in service.

(c) Those former city employees continuing with the County shall be given credit for accrued, uncompensated vacation and sick leave with the city. Upon transfer to a classification comparable to that formerly held with the city, such employees shall be employed without any decrease in salary. Salary increases may thereafter be granted in accordance with the County salary ordinance.

(d) The Director of Personnel shall be responsible for the interpretation and application of this section in accordance with the merit system provisions of this Code.

(e) The Director shall also prepare all interpretation and application of this section providing seniority rules within the group of city employees continuing with the County, recognizing prior length of service within said group as a factor protecting a senior employee in said group from layoff as compared to an employee with less seniority within said group.

(Code 1954, Tit. 3, Ch. 3, Art. 1.6; Ord. No. NS-304.56, § 1, 4-8-68; Ord. No. NS-304.113, § 7, 8-30-88)

Sec. A25-89. Reserved.

Editor's note--Ord. No. NS-304.124, § 3, adopted Sept. 17, 2002, repealed § A25-89, which pertained to assumption of federal program known as the Comprehensive Employment and Training Act, and transfer of employees without examination. See the Code Comparative Table.

Sec. A25-90. Reserved.

Editor's note--Ord. No. NS-304.124, § 4, adopted Sept. 17, 2002, repealed § A25-90, which pertained to assumption of state program known as the Office of Mental Health Social Services, and transfer of employees without examination. See the Code Comparative Table.

Secs. A25-91--A25-95. Reserved.

ARTICLE 2.
CLASSIFICATION*

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Charter reference(s)--Classification of positions in classified and unclassified service, § 701.

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Sec. A25-96. Formulation of plan.

The Director shall analyze the duties and responsibilities of all positions in the classified service, shall group them into classes, and shall recommend rules for administration of the classification plan, and for the allocation of positions to classes.

(Code 1954, § 3.3.2-1)

Sec. A25-97. Basis of classification.

Classification shall be based on the principle that positions shall be in the same class when their duties and responsibilities are enough alike to justify the same descriptive title, definition of duties and responsibilities and employment standards.

(Code 1954, § 3.3.2-2)

Sec. A25-98. Allocation of positions.

Every position in the classified service shall be allocated by the Director to a class.

(Code 1954, § 3.3.2-3)

Sec. A25-99. Adoption, revision of plan.

The classification plan shall be adopted and may be revised as conditions require, upon recommendation of the Director and approval of the Board of Supervisors.

(Code 1954, § 3.3.2-4; Ord. No. NS-304.124, § 5, 9-17-02)

Sec. A25-100. Class specifications.

(a) Specifications for each class shall be developed and maintained by the Director. New and revised specifications upon recommendation of the Director shall be submitted to the County Executive and the Board of Supervisors for approval with the following exception. A class specification may be revised administratively without Board of Supervisors approval upon the recommendation of the Director and with the approval of the County Executive and concurrence from the appropriate bargaining unit when there is no salary change.

(b) Specifications will include the class title for use on all official records; a brief definition of the nature, responsibility and scope of the class; a description of duties or tasks, typical but not necessarily restrictive, ordinarily performed by positions allocated to this class; a statement of qualifications including knowledges, skills and abilities required or deemed necessary. The statement of qualifications will be established and/or revised upon recommendation of the Director to reflect such job-relevant standards and qualifications as identified for successful job performance. Such standards and qualifications may not be less than those prescribed by externally mandated legislation or other such regulations.

(c) Specifications are not restrictive and shall not be construed as declaring that duties or responsibilities shall not be changed or that an appointing authority may not temporarily assign other duties and responsibilities to or otherwise direct and control the work of employees under the appointing authority's supervision.

(Code 1954, § 3.3.2-5; Ord. No. NS-304.12, § 2, 12-8-58; Ord. No. NS-304-98, § 1, 5-24-77; Ord. No. NS-304.113, § 8, 8-30-88; Ord. No. NS-304.131, 11-13-07)

Sec. A25-101. Applicants to meet employment standards.

Applicants for employment shall be required to meet all standards prescribed in the class specification.

(Code 1954, § 3.3.2-6)

Sec. A25-102. New or unclassified positions.

With the exception of the procedure set forth in the master salary ordinance for adding and deleting positions with the approval of the County Executive, whenever an appointing authority wishes to create a new position or reclassify an existing position, the appointing authority shall make a recommendation to the County Executive, on forms provided, furnishing a comprehensive statement of the duties of the proposed position. The County Executive shall refer all relevant information to the Director for investigation and recommendation. Upon approval of the County Executive and the Board of Supervisors of the creation of the class of position, the Director shall allocate the position accordingly.

(Code 1954, § 3.3.2-7; Ord. No. NS-304.6, § 2, 6-18-56; Ord. No. NS-304.113, § 9, 8-30-88; Ord. No. NS-304.121, § 1, 2-27-01)

Sec. A25-103. Effect on incumbents of reclassification.

(a) If an occupied position is reclassified, the incumbent shall be promoted, demoted or transferred to the new class in accordance with regular examination and certification procedures, except as indicated below.

(b) The Director may grant status without examination, directly upon reclassification, only:

(1) As part of a general reclassification affecting the entire classified service; or

(2) When the reclassification represents a transfer in relation to the former classification and no additional or different education, experience or professional or technical qualifications are present in the minimum qualifications requirements for the class to which the position is reclassified; or

(3) When an entire class and all of its incumbents are being reclassified, involving the abolition of the former class and merger with a new class.

(c) The Director may require a qualifying test prior to granting status under any of the above conditions.

(d) When a position is reallocated upward, a permanent incumbent may be appointed to the new class with the Director's approval by being eligible for and passing the appropriate examination without regard to the employee's place on the eligible list. This qualifying examination procedure may be used only when there is a clear showing that the duties of the position have gradually evolved without any purpose on the part of anyone to evade the merit principle provided that the incumbent has completed a period of service in the position and performed the higher level duties for a period of time equivalent to the probationary period of the classification. When a position is reclassified to a supervisory unit, the incumbent will be required to complete a period of service in the position and have performed the higher level duties for a period of time equivalent to one year. An incumbent in a reclassified alternately staffed position who is in a probationary status and has permanent status at the lower level shall be treated as a permanent incumbent for purposes of this section. This qualifying examination shall consist of an application appraisal and a promotional rating form or an oral examination except as determined otherwise by the Director of Personnel. Upon request, the Director of Personnel shall provide in writing the reasons for such determination.

(e) When a position is reallocated upward, an incumbent who has not served the requisite period of time according to (d) shall be laid off unless the appointing authority elects to appoint the incumbent according to Section A25-189.

(f) Should a permanent incumbent of a position that has been reallocated upward not qualify for that new class, the employee shall be laid off.

(g) When a position is reallocated downward, upon a continuing approval of the appointing authority, a permanent incumbent may remain in the position in the incumbent's former class by overfilling for a period not to exceed two years from the effective date of the reallocation. An official leave of absence shall not be counted toward the two-year limit. During the two years the employee's name shall be placed on the appropriate reemployment list for certification to other positions in accordance with the appropriate layoff provisions. If, at the expiration of the two-year period the incumbent still remains in the position, the employee shall either:

(1) Take a voluntary demotion to the new class, without loss of current salary; or

(2) Be laid off in accordance with the appropriate layoff provisions.

(h) Candidates for appointment to a position approved for reclassification study by the Director of Personnel shall be informed in writing of the current status of the study and the possible effect on the incumbent if offered the position.

(Code 1954, § 3.3.2-8, Ord. No. NS-304.6, § 2, 6-18-56; Ord. No. NS-304.24, § 1, 10-14-63; Ord. No. NS-304.35, § 3, 5-23-66; Ord. No. NS-304.43, § 1, 3-13-67; Ord. No. NS-304.60, § 2, 5-13-69; Ord. No. NS-304.107, § 1, 2-17-81; Ord. No. NS-304.110, § 1, 9-11-84; Ord. No. NS-304.113, § 10, 8-30-88)

Editor's note--Section 2 of Ord. No. NS-304.107, adopted Feb. 17, 1981, declared the provisions of the ordinance effective Jan. 19, 1981.

Sec. A25-104. Assigning responsibilities outside class.

No employee shall be assigned responsibilities outside the employee's class.

(Code 1954, § 3.3.2-9; Ord. No. NS-304.113, § 11, 8-30-88; Ord. No. NS-304.124, § 6, 9-17-02)

Secs. A25-105--A25-110. Reserved.

ARTICLE 3.
EXAMINATION ANNOUNCEMENTS, APPLICANTS AND APPLICATIONS*

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Charter reference(s)--Rules to provide for examinations, § 704.

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Sec. A25-111. Announcement of examinations.

Announcements of all competitive examinations shall be posted in the office of the Personnel Department and in each County department for at least ten days prior to the last date for filing applications. Departmental distribution of promotional examination announcements may be limited to those departments affected by the examination. Announcements may be posted elsewhere and distributed as necessary to attract qualified applicants. Announcements shall include at least:

(a) The class title;

(b) The compensation;

(c) A statement of duties and responsibilities;

(d) The place and last date to file applications; and

(e) Such other information as will help applicants understand the nature of the employment and the procedure for participating in the examination.

(Code 1954, 3.3.3-1; Ord. No. NS-304.15, § 1, 1-16-61; Ord. No. NS-304.35, § 4, 5-23-66; Ord. No. NS-304.124, § 7, 9-17-02)

Sec. A25-112. Applications required; form.

Official application forms shall be provided by the Director and shall be filled out by each applicant.

(Code 1954, § 3.3.3-2)

Sec. A25-113. Filing time.

Applications must be filed as indicated in the examination announcement no later than 5:00 p.m. on the last day for filing.

(Code 1954, § 3.3.3-3; Ord. No. NS-304.72, § 2, 7-25-72; Ord. No. NS-304.124, § 8, 9-17-02)

Amendment note--Ord. No. NS-304.72, § 2, changed the filing time from "on or before the closing date" to "no later than 5:00 p.m. on the last day for filing".

Sec. A25-114. Notice of approval for examination.

Each applicant approved for examination shall be so notified prior to the examination date by mail to the address shown upon the application form.

(Code 1954, § 3.3.3-4)

Sec. A25-115. General minimum qualifications.

In addition to those otherwise stated, all applicants must possess good moral character, temperate habits and mental and physical ability to perform the duties of the position.

(Code 1954, § 3.3.3-5; Ord. No. NS-304.6, § 3, 6-18-56; Ord. No. NS-304.15, § 1, 1-16-61; Ord. No. NS-304.124, § 9, 9-17-02)

Sec. A25-116. Applications not to be returned.

Applications will not be returned to the applicant.

(Code 1954, § 3.3.3-6)

Sec. A25-117. Disqualification of applicant.

The Director may refuse to examine an applicant or after examination may disqualify an applicant, or remove the applicant's name from the employment list, or refuse to certify any eligible on an employment list for any of the following reasons:

(a) If the applicant is found to lack any of the requirements or qualifications established for the examination.

(b) If the applicant is determined to be physically or mentally unfit to perform the duties of the class.

(c) If the applicant is currently using illegal drugs.

(d) If the applicant has been convicted of a felony or a misdemeanor that demonstrates unfitness for the position.

(e) If there is evidence of immoral, infamous or disgraceful conduct.

(f) If the applicant has made a false statement of material fact or has practiced or attempted any deception, fraud or misconduct in connection with the applicant's application or examination.

(g) If the applicant has been dismissed for any cause mentioned herein from public or private employment or has resigned to avoid such dismissal.

(h) If the applicant has a history of unsatisfactory employment in previous jobs verified by record.

(Code 1954, § 3.3.3-7; Ord. No. NS-304.18, § 1, 3-19-62; Ord. No. NS-304.113, § 12, 8-30-88; Ord. No. NS-304.124, § 10, 9-17-02)

Sec. A25-118. Notice of disqualification or rejection; correcting deficient application.

Whenever an application is rejected or disqualified, written notice thereof shall be given the applicant. Applications found incomplete or deficient may be corrected before the date of the examination.

(Code 1954, § 3.3.3-8)

Sec. A25-119. Information confidential.

Neither the names of applicants for an examination nor the names of those who failed in an examination shall be made public.

(Code 1954, § 3.3.3-9)

Sec. A25-120. Special qualifications.

Applicants for positions which are scientific, professional or technical, or the duties of which require specialized education, training, and/or experience, may be required to provide documentary evidence of a satisfactory degree of education, training or experience.

(Code 1954, § 3.3.3-10; Ord. No. NS-304.124, § 11, 9-17-02)

Sec. A25-121. Fingerprinting.

Applicants before appointment and employees after appointment may be required to be fingerprinted.

(Code 1954, § 3.3.3-11)

Sec. A25-122. Fitness to perform.

Each applicant, or eligible, must be in good general physical and mental condition and able to satisfactorily perform the duties of the position with or without reasonable accommodation. An applicant who has been made a conditional offer of employment may be required to submit to and pass a job-related medical examination that is consistent with business necessity. The name of an applicant or eligible shall be removed from any list of applicants or eligibles if any such applicant or eligible fails to pass the required medical examinations.

The Director may allow appointment of an eligible prior to such medical examination in the event it is impractical for the County to provide such examination prior to appointment, provided the eligible satisfactorily completes a medical examination before the end of the 30-day period next following the probationary appointment.

(Code 1954, § 3.3.3-12; Ord. No. NS-304.6, § 3, 6-18-56; Ord. No. NS-304.113, § 13, 8-30-88; Ord. No. NS-304.124, § 12, 9-17-02)

Sec. A25-123. Reserved.

Editor's note--Ord. No. NS-304.124, § 13, adopted Sept. 17, 2002, repealed § A25-123, which pertained to age limits. See the Code Comparative Table.

Sec. A25-124. Discrimination prohibited.

No person in the classified service or seeking admission thereto shall in any way be unlawfully discriminated against because of sex, race, color, national origin, ethnicity, creed, religion, union activity, organizational affiliations, political opinions, age, disabled status, sexual orientation or any other status protected by state or federal law.

(Code 1954, § 3.3.3-14; Ord. No. NS-304.113, § 14, 8-30-88; Ord. No. NS-304.124, § 14, 9-17-02)

Charter reference(s)--Discrimination prohibited, § 700.

Sec. A25-125. Oath required.

Each applicant for employment in the County service shall take an oath that the applicant will uphold the constitution of the United States and of the State of California and the ordinances of the County.

(Code 1954, § 3.3.3-15; Ord. No. NS-304.113, § 15, 8-30-88)

Sec. A25-126. Qualifications for veterans' preference.

To be entitled to veterans' preference, an applicant must:

(1) Claim such preference upon the application form, and

(2) Present to the Personnel Department, prior to the date of examination, the original or a certified or photostatic copy of a discharge or other release, other than dishonorable, from the armed forces of the United States showing:

(a) Full-time military service of 30 days or more:

(i) In time of war, or

(ii) In time of peace in a campaign or expedition for service in which a medal has been authorized by the government of the United States, and which has been awarded to the applicant as verified by the applicant's service record; or

(iii) During the period September 16, 1940 to January 31, 1955, or

(b) Full-time military service of at least 181 consecutive days since January 31, 1955.

"Veteran" under this section does not include any person who served only in auxiliary or reserve components of the armed services whose services therein did not exempt him or her from the operation of the Selective Training and Service Act of 1940.

(Code 1954, § 3.3.3-16; Ord. No. NS-304.40, § 1, 12-5-66; Ord. No. NS-304.113, § 16, 8-30-88; Ord. No. NS-304.124, § 15, 9-17-02)

Secs. A25-127--A25-138. Reserved.

ARTICLE 4.
EXAMINATIONS; OPEN, ORIGINAL, PROMOTIONAL AND QUALIFYING

Sec. A25-139. Scheduling.

The Director shall schedule examinations as the current and anticipated needs of the service require. Scheduled examinations may be postponed or cancelled or the closing date extended by the Director by notifying all persons affected and posting public notice.

(Code 1954, § 3.3.4-1)

Sec. A25-140. Types of examinations.

Examinations may consist of written, oral, performance or physical tests or any combination thereof, or any other form which will test fairly the qualifications of applicants.

(Code 1954 § 3.3.4-2)

Sec. A25-141. Nature of examinations.

Examinations shall be impartial and practical in nature and so constructed that they reveal the knowledge, skills, and abilities of the applicant for the class for which the applicant is competing as well as the applicant's general background and related knowledge.

(Code 1954, § 3.3.4-3; Ord. No. NS-304.113, § 17, 8-30-88)

Sec. A25-142. Oral interview, retest and appeal procedure.

(a) An examination may include an interview for the purpose of appraising the personal fitness of candidates. Only those candidates qualifying in the subject matter portion of the examination shall be called for the interview. Failure to report for the interview shall eliminate a candidate from the examination.

(b) Interview boards shall be appointed by the Director, who shall act or appoint another to act as chair.

(c) Interviewer shall mark on forms provided the degree to which, in their judgment, each candidate possesses the desired qualifications.

(d) Candidates who fail to attain a passing score on the oral portion of an examination may not retake an examination for the same classification until at least 45 days have passed from the date of the first examination. Such candidates must follow the same examination procedures as all other candidates filing for the same examination except that if the written portion of the examination is given on a qualifying basis, the candidate may not be required to retake the written portion of the examination within six months of the original examination. If the candidate fails again, the candidate must wait 90 days before retaking the examination.

(e) In cases of major reclassification changes, the Director may authorize the retesting more frequently than every six months of such County employees who have failed a test three times.

(f) Appeals from oral board ratings may be made on the basis of irregularity, bias, fraud or discrimination. Such appeals may be made at any time following the oral interview and before the candidate's receipt of their score on the exam. Such appeals must be received in the central Personnel Department by not later than the eighth working day following mailing or other appropriate form of notification of the scores. Upon receipt of the appeal, the Director shall make a decision on the appeal within five working days. During these five working days the appellant shall have the right to meet with the Director, or the Director's representative, concerning the appeal. The time limits contained herein may be extended by mutual consent of the parties. If the appeal is upheld, the Director shall convene a new oral board for the purpose of rerating the candidate. The new score resulting from the rerating shall be used to place the candidate in the candidate's proper position on the eligible list. No appointment shall be made from an eligible list resulting from an examination, which is under appeal. In the event of fraud or other irregularity affecting all candidates, if the Director finds that the allegation is substantiated, all examination results shall be voided and a new oral examination conducted.

(g) Notice of the appeal procedure shall be sent to all applicants with the form admitting such applicants to the oral board interview.

(Code 1954, § 3.3.4-4; Ord. No. NS-304.21, § 4, 11-5-62; Ord. No. NS-304.61, § 1, 12-9-69; Ord. No. NS-304.71, § 1, 2-8-72; Ord. No. NS-304.86, § 1, 11-20-73; Ord. No. NS-304.90, § 1, 5-6-75; Ord. No. NS-304.113, § 18, 8-30-88; Ord. No. NS-304.124, § 16, 9-17-02)

Sec. A25-143. Officials and employees to assist in examinations.

County officers and employees may be called upon to assist in examination procedure, and it shall be deemed a part of the official duties of such persons to act in such capacity.

(Code 1954, § 3.3.4-5; Ord. No. NS-304.15, § 1, 1-16-61)

Sec. A25-144. Preparation of examinations.

The Director shall prepare, or have prepared under the Director's direction, all examinations which are to be given. The County may contract for such service with competent public or private agencies regularly rendering such service.

(Code 1954, § 3.3.4-6; Ord. No. NS-304.113, § 19, 8-30-88)

Sec. A25-145. Continuous examinations.

Continuous open examinations for a given class may be announced by a single notice. Such examinations may be administered from time to time as applicants are available or as appointments are necessary. The names of all applicants who qualify in such examinations shall be placed on one eligible list in the order of final grades.

(Code 1954, § 3.3.47)

Sec. A25-146. Unassembled examinations.

Whenever the announcement of an examination shall so state, and applicants are given opportunity to file statements of their qualifications, a preliminary competitive rating may be given on the basis of the duties, requirements and conditions of work in the position to be filled. Applicants appraised highest, to a number commensurate with the number of vacancies anticipated, may be required to compete in further tests.

(Code 1954, § 3.3.4-8)

Sec. A25-147. Identification of papers.

Written examinations shall be so conducted that no examination paper will disclose the name or identity of the candidate until the examination papers of all the candidates have been scored.

(Code 1954, § 3.3.4-9)

Sec. A25-148. Qualifying examinations.

Qualifying examinations may be held to test fitness for reinstatement, re-employment, for certain position reclassifications as described in Section A25-103, for certain transfers and demotions as described in Section A25-175(b), for alternate classifications as defined in Section A25-36, or for transfer of employees from unclassified positions funded by public sources other than the County to classified positions in the same classification or for establishing eligibility to participate in promotional examinations as described in Section A25-156. Employees in the unclassified service in coded positions shall be eligible to take such qualifying examination after receiving a positive recommendation on a promotional rating form.

(Code 1954, § 3.3.3-10; Ord. No. NS-304.35, § 5, 5-23-66; Ord. No. NS-304.49, § 2, 9-18-67; Ord. No. NS-304.75, § 1, 1-23-73; Ord. No. NS-304.97, § 1, 6-15-76; Ord. No. NS-304.124, § 17, 9-17-02)

Sec. A25-149. Veterans' preferential credits.

(a) In an open-competitive examination for a position identified as an entry level position by the Director, any veteran qualifying under Section A25-126 shall, upon attaining the passing mark established for a numerically scored examination, be given a preferential credit of five percent. In an open-competitive examination for a position identified as an entry level position by the Director, any veteran qualifying under Section A25-126 who is disabled shall, upon attaining the passing mark established for a numerically scored examination, be given an additional preferential credit of five percent. For the purposes of this section, the term "disabled" shall mean the holding of an approved disability rating of ten percent or more from the Veteran's Administration for a disability which is service connected. For the purposes of this section, "entry level position" shall mean the lowest level position in a series or other jobs of similar responsibility, typically limited in scope and under immediate supervision.

(b) In any open-competitive examination for positions other than entry level positions as identified by the Director, preferential credit as described above shall be given any veteran qualifying under Section A25-126 within five years from the date of separation from service.

(Code 1954, § 3.3.4-11; Ord. No. NS-304.80, § 1, 5-8-73; Ord. No. NS-304.124, § 18, 9-17-02)

Sec. A25-150. Examination scores.

(a) Unless otherwise provided in the examination announcement, competitors shall be required to attain a score of not less than 70 percent in each part of the examination.

(b) In written tests, the 70 percent used to represent the minimum passing score need not be the arithmetic 70 percent of the total possible score, but may be an adjusted score based on a consideration of the difficulty of the test, the quality of the competition and the needs of the service.

(c) Applicants in promotional examinations shall be notified of their individual adjusted percentage scores for the written and oral portions of the examination, whether passing or failing, and of their position on the eligibility list.

(d) When the examination type is an application appraisal, all applicants who meet the minimum qualifications for the position, including those who qualify for veterans preference, will normally be given the grade of pass rather than a numerical score, and listed alphabetically on the eligible list.

(Code 1954, § 3.3.4-12; Ord. No. NS-304.35, §§ 10, 11, 5-23-66; Ord. No. NS-304.68, § 1, 4-6-71; Ord. No. NS-304.124, § 19, 9-17-02)

Sec. A25-151. Grading examinations composed of several tests.

In examinations composed of several tests which are graded independently, weights shall be assigned to each test representing its relative value in ascertaining the fitness of the applicant. This weight shall be multiplied by the applicant's grade in that test; the sum of the resulting products shall be divided by the total of the weights; and the resulting quotient, rounded off to the nearest whole number, shall be the final examination grade of the candidate, except where additional credit is allowed, such as veterans' preference.

(Code 1954, § 3.3.4-13; Ord. No. NS-304.43, § 2, 3-13-67)

Sec. A25-152. Resolving of ties.

Whenever in certifying the top seven eligibles, a tie score is encountered, all eligibles with the same score shall be certified even though more than seven names are certified to the appointing authority.

(Code 1954, § 3.3.4-14; Ord. No. NS-304.43, § 3, 3-13-67; Ord. No. NS-304.95, § 1, 8-17-76)

Sec. A25-153. Notice of results of examination.

As soon as the rating of an examination has been completed and the eligible list established, each competitor shall be notified by mail of the result of the competitor's examination, and if successful, of the competitor's general average percentage and the competitor's relative position upon eligible list.

(Code 1954, § 3.3.4-15; Ord. No. NS-304.113, § 20, 8-30-88)

Sec. A25-154. Examination review and retesting.

(a) Any competitor or the competitor's designated representative may, within five working days from the date of the written examination, review a keyed copy of the examination for possible errors in designations of correct answers, ambiguities in questions or choices of answers, or for any other defect in construction or content which would tend to make a part or all of the examination substantially invalid for its purpose. Where written examinations are provided by an outside contracting agency, such review may be made only upon consent of the said contracting agency. All examination papers are confidential records which shall not be removed from the Personnel Department. Rating sheets and examinations other than written examinations are not reviewable.

(b) If the competitor protests any item or portion of the examination, the competitor will be given five working days following the expiration of the five-day review period to document the competitor's protest with acceptable written authority or source references. After investigation of the protest and the submitted substantiation, the Director shall decide whether the protest is justified. If an error is found, the rating of the competitor shall be changed accordingly. If the error affects other competitors, scores shall be adjusted accordingly; but no resulting change shall invalidate certifications or appointments already made.

(c) A competitor who does not review a written examination for which only one form is available may not reapply until at least 45 days have passed from the date of the original examination. A competitor reviewing a written examination for which only one form is available may not reapply until at least 90 days have passed from the date of the original examination. Following a second failure, the competitor must wait 90 days before retaking the test. Candidates who fail three consecutive written examinations within a six-month period for which only one form is available may not reapply until at least six months have passed from the date of the most recent examination.

(d) A competitor who does not review a written examination for which more than one form is available may take an alternate form as soon as administratively convenient. A competitor reviewing a written examination for which more than one form is available may not take an alternate form until 90 days have passed from the date the first form was administered. A competitor who fails two successive alternate forms may not take the first form sooner than 90 days from the last test. When more than one form of a written examination is available and a candidate fails three consecutive written examinations within a six-month period, the competitor may not take any alternate form within six months of the date of the competitor's last failure.

(e) In cases of major reclassification changes, the Director may authorize the retesting more frequently than every six months of such County employees who have failed a test three times.

(f) The unauthorized copying of questions or answers from any paper made available for inspection is forbidden and may result in cancellation of eligibility and disbarment from future examinations.

(g) Any competitor or his designated representative may appeal results of an examination designed to assess writing skills, review the corrected examination and appeal with written authority or source references. Such appeal must be received in the central Personnel Department by not later than the eighth working day following the mailing of results. After the investigation of the appeal and submitted substantiation, the Director shall decide whether the protest is justified. If error is found, the rating of the competitor shall be changed accordingly. Certifications or appointments may not be made from the results of an examination which is under protest pursuant to this subsection.

(Code 1954, § 3.3.4-16; Ord. No. NS-304.14, § 4, 10-13-59; Ord. No. NS-304.29, § 2, 4-5-65; Ord. No. NS-304.62, § 1, 12-9-69; Ord. No. NS-304.113, § 21, 8-30-88; Ord. No. NS-304.116, § 1, 9-26-89)

Sec. A25-155. Retention of applications and other records.

Applications and related examination records will be retained for a minimum of three years or as may otherwise be required by state and federal law. Examination records of appointees may be retained for a longer period, to be determined by the Director.

(Code 1954, § 3.3.4-17; Ord. No. NS-304.6, § 4, 6-18-56; Ord. No. NS-304.35, § 6, 5-23-66; Ord. No. NS-304.113, § 22, 8-30-88; Ord. No. NS-304.124, § 20, 9-17-02)

Sec. A25-156. Promotional examinations.

When an examination is designated as a promotional examination, only current County employees are eligible to take it. The Director, in consultation with the appointing authority, shall determine when a promotional examination is appropriate. All promotional examinations shall be held on a service-wide basis, except as provided in Section A25-148. Employees in unclassified status in coded positions who have taken and passed the qualifying examination for the class in which they are working shall be permitted to take any promotional examination for a class for which they are qualified.

(Code 1954, § 3.3.4-19; Ord. No. NS-304.6, § 4, 6-18-56; Ord. No. NS-304.14, § 5, 10-13-59; Ord. No. NS-304.21, § 4, 11-5-62; Ord. No. NS-304.27, § 1, 8-3-64; Ord. No. NS-304.38, § 2, 9-6-66; Ord. No. NS-304.97, § 2, 6-15-76; Ord. No. NS-304.124, § 21, 9-17-02)

Sec. A25-157. Eligibility for promotion.

(a) A candidate for promotion must meet all prescribed standards for the class to which the employee seeks promotion and is an employee in one of the following categories:

(1) A permanent employee,

(2) A probationary employee,

(3) An unclassified employee in a coded position who has qualified under Section A25-156, or

(4) A current employee in any status in a coded position who previously held probationary or permanent status.

(Code 1954, § 3.3.4-19; Ord. No. NS-304.6, § 4, 6-18-56; Ord. No. NS-304.14, § 5, 10-13-59; Ord. No. NS-304.21, § 4, 11-5-62; Ord. No. NS-304.27, § 1, 8-3-64; Ord. No. NS-304.38, § 2, 9-6-66; Ord. No. NS-304.97, § 3, 6-15-76; Ord. No. NS-304.113, § 23, 8-30-88; Ord. No. NS-304.124, § 22, 9-17-02)

Sec. A25-158. Promotional procedures for certain job classifications.

Notwithstanding any other provisions of these merit system rules, the following procedures shall be utilized as a method for promoting and appointing persons in certain specified job classifications.

(a) Classes covered: The following classes are covered by this section. They are listed singularly or in series. All other classes are promotional.

(1) Gardener;

(2) Offset press operator II, III;

(3) Laundry worker II;

(4) Cook II;

(5) Park maintenance worker II, park maintenance worker lead worker;

(6) Road maintenance worker II, III, IV;

(7) Traffic painter II, III;

(8) Heavy equipment maintenance helper, heavy equipment mechanic;

(9) Electrical/electronic technician, senior electrical technician non-supervisory only;

(10) Food service worker II;

(11) Bindery worker II;

(12) Automotive mechanic helper, automotive mechanic.

Provided: That series (9) is designated a "technical series" and the promotional class shall have certified to vacancies the most senior qualified worker among the top seven (7) scores, first by department/agency and then county-wide, and then by regular certification.

(b) Definitions:

(1) Promotional class is defined to mean those classes agreed to herein as constituting promotional classes.

(2) Qualified is defined to mean those workers who regularly score 80 or above in the appropriate merit system selection procedure for the position to which a worker is to be certified for hiring.

(3) Seniority shall be determined by a worker as days of accrued service as reflected on the worker's payroll record as of the date of the eligible list.

(c) Vacancies within promotional classes:

(1) The most senior qualified worker within a department/agency within the next lower class

(2) If there are no such qualified workers within the department/agency, then the most senior qualified workers within the county within the next lowest class within a series shall be appointed to the vacancy.

(3) If there are no such qualified workers within the county the next lowest class within a series, the remaining persons upon the list, if any, shall be certified in rank order based upon their position upon the list as determined in accordance with regular examination and certification procedure.

(Ord. No. NS-304.101, § 1, 11-15-77; Ord. No. NS-304.103, § 1, 10-9-79; Ord. No. NS-304.115, § A, 12-13-88; Ord. No. NS-304.124, § 23, 9-17-02; Ord. No. NS-304.129, 9-14-04)

Secs. A25-159--A25-169. Reserved.

ARTICLE 5.
ELIGIBLE LISTS, APPOINTMENTS, PROBATION, TRANSFERS, RESIGNATIONS AND REINSTATEMENTS

Sec. A25-170. Order of eligibles.

Candidates who qualify in an examination for a class shall have their names placed upon the eligible list in the order of their relative final grades.

(Code 1954 § 3.3.4-19)

Sec. A25-171. When eligible list effective.

An eligible list shall be in effect from the date on which it is approved by the Director.

(Code 1954, § 3.3.5-2)

Sec. A25-172. Duration of eligible lists.

(a) Eligible lists except as provided in Subsection (b) below, shall remain in force for no longer than two years but may be abolished by the Director upon completion of an examination for the same class, or upon the abolition of the class. In lieu of abolishing a list, the Director may authorize supplementing the list with names mingled in order of final grades resulting from additional examinations.

(b) Departmental or service-wide promotional eligible lists may remain in force for one additional year beyond the normal two-year maximum, upon the request of an appropriate appointing authority and the approval of the Director.

(Code 1954, § 3.3.5-3; Ord. No. NS-304.14, § 6, 10-13-59; Ord. No. NS-304.17, § 1, 10-2-61; Ord. No. NS-304.32, § 1, 2-21-66; Ord. No. NS-304.95 § 2, 8-17-76; Ord. No. NS-304.124, § 24, 9-17-02)

Sec. A25-173. Eligible lists confidential.

Eligible lists are confidential, and the relative position of an eligible on a list or the eligible's score shall not be made available except to the eligible, the eligible's designated representative or a department wherein the eligible may be considered for appointment.

(Code 1954, § 3.3.5-4; Ord. No. NS-304.32, § 2, 2-21-66; Ord. No. NS-304.113, § 24, 8-30-88)

Sec. A25-174. Order of employment from lists.

(a) Re-employment lists:

(1) Where a vacancy exists in a department in a classification where a re-employment list exists of permanent employees laid off, the person standing highest on such re-employment list shall be offered the appointment. Refusal on the part of the former employee to accept the appointment shall remove the employee's name from the re-employment list.

(2) Where a vacancy exists in a classification and in a department other than that department where the layoff occurred, the names of three persons on re-employment lists for other departments shall be certified in inverse order of the date of placement on the re-employment lists. If no such re-employment lists exist, or there are fewer than three names, additional names not to exceed a total of three shall be certified from eligible list in the priority order as shown below.

(b) Eligible lists:

(1) Promotional lists resulting from service-wide promotional examinations including the names of unclassified employees resulting from examinations given under the provisions of Section A25-156.

(2) Eligible lists resulting from open competitive examinations.

(Ord. No. NS-304.97, § 4, 6-15-76; Ord. No. NS-304.113, § 25, 8-30-88; Ord. No. NS-304.124, § 25, 9-17-02)

Sec. A25-175. Transfers and demotions as alternatives to new appointments.

(a) As an alternative to appointment from any employment list, a position may be filled by transfer within the same class, provided:

(1) A permanent employee so transferred to any department shall retain permanent status in the same class.

(2) A probationary employee who transfers voluntarily within a department may be required, at the discretion of the appointing authority, to serve the full probationary period in the new position.

(3) A probationary employee who transfers to a new department must serve the full probationary period in the new department.

(b) As an alternative to appointment from any employment list, a position may be filled by a transfer or voluntary demotion to a different class, provided:

(1) The employee must serve the full probationary period in the new position if not already holding permanent status in the new class.

(2) The employee meets all the requirements of the position to which transfer or demotion is requested, as determined by the Director.

(3) The salary for such an employee shall be adjusted as provided for in Section A25-661.

(Code 1954, § 3.3.5-6; Ord. No. NS-304.14, § 7, 10-13-59; Ord. No. NS-304.49, § 5, 9-18-67; Ord. No. NS-304.50, § 1, 11-13-67; Ord. No. NS-304.124, § 26, 9-17-02)

Sec. A25-176. Resignations.

(a) An employee wishing to leave the classified service in good standing shall file with the appointing authority a written resignation on the form provided, giving at least two weeks' notice of the employee's intention to leave the service unless the said appointing authority consents in writing to the employee leaving sooner. An employee who leaves the classified service without so filing a written resignation and giving two weeks' notice, or obtaining such consent in writing, shall have the fact entered on the employee's service record and may be denied entrance to tests for which the employee may apply in the future.

(b) If a resigning employee's name appears upon a promotional eligible list, it shall be removed, but at the employee's request may be placed upon the open competitive list for that class if one is in effect.

(Code 1954, § 3.3.5-7; Ord. No. NS-304.6, § 5, 6-18-56; Ord. No. NS-304.14, § 8, 10-13-59; Ord. No. NS-304.15, § 1, 1-16-61; Ord. No. NS-304.27, § 2, 8-3-64; Ord. No. NS-304.49, § 6, 9-18-67; Ord. No. NS-304.57, § 1, 7-1-68; Ord. No. NS-304.113, § 26, 8-30-88)

Sec. A25-177. Reinstatement after resignation.

(a) As an alternative to appointment from any employment list, a former permanent employee who resigned in good standing may be reinstated to a vacant position in the same or lower classification within one year after the date of the employee's resignation, on recommendation of the appointing authority and approval of the Director.

(b) Upon reinstatement, all rights acquired by an employee prior to the employee's resignation from the County service shall be restored, except that at the option of the appointing authority, the employee may be employed on an original probationary status, or, as a permanent employee, at any salary step not to exceed the employee's former salary step.

(Code 1954, § 3.3.5-7.1; Ord. No. NS-304.49, § 7, 9-18-67; Ord. No. NS-304.97, § 5, 6-15-76; Ord. No. NS-304.113, § 27, 8-30-88)

Sec. A25-178. Removal from eligible lists.

(a) The Director may remove the name of an eligible for the following reasons: At the eligible's request; on evidence the eligible cannot be located by mail at the eligible's last given address; for failure to respond within stipulated time after notice of certification; or for other justifiable reasons provided in these rules. An appointment from an eligible list shall be the basis for removal of the eligible's name from all other related lists at the same or lower salary level.

(b) The eligible shall be notified by mail at the eligible's last known address of this action and the reasons thereof.

(c) An eligible may be restored to the list if the eligible presents satisfactory reasons for failure to respond.

(Code 1954, § 3.3.5-8; Ord. No. NS-304.14, § 9, 10-13-59; Ord. No. NS-304.18, § 2, 3-19-62; Ord. No. NS-304. 113, § 28, 8-30-88)

Sec. A25-179. Alternate list.

If a vacancy exists for a class of position for which there is no appropriate eligible list, the Director may certify names from the eligible list for a related class for which minimum qualifications and examinations are similar to or higher than those required for the class in which the vacancy exists.

(Code 1954, § 3.3.5-9)

Sec. A25-180. Abolishing eligible lists.

Notice of intention to abolish an eligible list shall be sent to all eligibles whose names appear upon the list, prior to the holding of an examination to establish a new list.

(Code 1954, § 3.3.5-10)

Sec. A25-181. Inactive list.

The name of an eligible who is not available for immediate certification may, at the eligible's request, be placed on an inactive list and may be restored to the active list from which it was removed upon the eligible's written request, provided the list is still in existence.

(Code 1954, § 3.3.5-11; Ord. No. NS-304.113, § 29, 8-30-88)

Sec. A25-182. Waiver of appointment.

An eligible may for any reason waive appointment after the eligible's name has been certified. After three such waivers of appointment to permanent positions, the eligible will be placed upon the inactive list, and the eligible shall be so notified. The eligible may be restored to the list at the eligible's request at any time during the life of the list.

(Code 1954, § 3.3.5-12; Ord. No. NS-304.113, § 30, 8-30-88)

Sec. A25-183. Requisition.

(a) Each appointing authority shall notify the Department, as far in advance as possible, of personnel requirements in order that sufficient time is available to establish eligible lists.

(b) Whenever a vacancy in the classified service occurs, the appointing authority shall notify the Personnel Department upon prescribed form. Upon request of an appointing authority and upon a finding, by the Director, that the nature of the work so warrants, the Director may approve the submission of names to fill a vacancy.

(c) The Director shall investigate the work of the position when necessary, in order to determine that it is properly allocated.

(d) The appointing authority may inspect the application and related examination records of an eligible whose name has been submitted for approval.

(Code 1954, § 3.3.5-13; Ord. No. NS-304.6, § 5, 6-18-56; Ord. No. NS-304.113, § 1, 8-30-88; Ord. No. NS-304.124, § 27, 9-17-02)

Sec. A25-184. Certification of eligibles.

(a) Upon approval of a requisition from the appointing authority, the Director shall certify the seven names highest on the appropriate eligible list except as specified in Section A25-174(a), "Reemployment lists," and in Section A25-152, "Resolving of ties."

(b) If there is more than one vacancy in one class in the same department, one additional name beyond seven shall be certified for each additional vacancy.

(c) An appointing authority may specify particular abilities, knowledge or traits when requesting personnel stating in writing the reason for the special qualifications request. Certification of the highest ranking eligible possessing such qualifications may be made after investigation and finding of clear evidence that efficient performance can best be performed by those with the specialized requirement.

(d) The appointing authority or designated interviewers shall interview all eligibles who have responded to notice of certification prior to appointment, and shall send to the Personnel Director a written record of each interview.

(e) No eligible shall be certified from the same eligible list to the same department more than three times, in any six-month period unless requested by the appointing authority.

(f) Any eligible whose name has been certified to three departments from an eligible list and who is designated in writing as permanently unacceptable by the appointing authorities for appointments in those departments, may have the eligible's name removed from the eligible list by the Director.

(Code 1954, § 3.3.5-14; Ord. No. NS-304.6, § 5, 6-18-56; Ord. No. NS-304.14, § 10, 10-13-59; Ord. No. NS-304.18, § 3, 3-19-62; Ord. No. NS-304.37, § 2, 7-18-66; Ord. No. NS-304.43, § 4, 3-13-67; Ord. No. NS-304.95, § 4, 8-17-76; Ord. No. NS-304.113, § 32, 8-30-88)

Sec. A25-185. Additional names.

If one or more of the seven persons certified waives or fails to respond to a notice of certification within the time specified, and such a waiver or failure to respond results in less than seven names available to the appointing authority, additional names may be certified to replace the number of persons who have waived or failed to respond to the original notice of certification, subject to Section A25-152. If the supplemental certification results in additional waiver or failure to respond, subsequent supplemental certification if requested by the appointing authority will be made when justified in writing.

(Code 1954, § 3.3.5-15; Ord. No. NS-304.93, § 5, 3-13-67; Ord. No. NS-304.95, § 5, 8-17-76; Ord. No. NS-304.98, § 2, 5-24-77; Ord. No. NS-304.118, § 1, 4-30-91; Ord. No. NS-304.124, § 28, 9-17-02)

Sec. A25-186. Notification to eligibles.

A notice of certification shall be sent to the most recent address appearing on the Personnel Department records of persons certified for appointment. The notice of certification shall instruct eligibles to communicate with the appointing authority or the appointing authority's designee within three working days following the date notice was mailed.

(Code 1954, § 3.3.5-16; Ord. No. NS-304.21, § 4, 11-5-62; Ord. No. NS-304.113, § 33, 8-30-88)

Sec. A25-187. Report of appointment.

The appointing authority, shall report to the Personnel Department the name or names of persons appointed and the date service is to begin.

(Code 1954, § 3.3.5-17; Ord. No. NS-304.14, § 11, 10-13-59)

Sec. A25-188. Substitute and extra-help appointments.

(a) A substitute appointment is an appointment for a minimum period of 14 calendar days which is limited to the period of a vacancy created by an authorized leave of absence without pay granted a classified employee. Substitute appointments for longer than six months shall be made in accordance with regular certification procedures. A permanent employee who receives a substitute appointment in a higher class in the same department shall be considered as on leave from the permanent employee's regular position. Upon return of the regular incumbent, the substitute employee shall have the right to return to the substitute employee's former position or to a similar position in the same class in the department. Employees receiving substitute appointments in different department may, at the discretion of the former department head, either be put on leave or may retain only reinstatement privileges. Substitute appointments for less than six months may be made on a temporary provisional basis or through regular certification procedures at the option of the appointing authority. The Director may authorize an extension of a substitute appointment made on a temporary provisional basis for up to six additional months, but such an appointment shall not exceed one year in total. Except in the case of an extension by the Director, no position may be filled by such an appointment nor any person serve as a temporary provisional appointee for more than six months in any consecutive 12 months.

(b) Substitute employees, when appointed through regular certification procedure from the top seven on the eligible list, shall carry full rights and privileges as regular employees.

(c) An extra-help appointment is one made to a nonpermanent position established to meet a peak-load or other unusual work situation.

(d) Extra-help appointments are not regular appointments, need not be made from eligible lists and carry none of the rights or benefits of regular appointments. However, in the event that an extra-help position is subsequently converted to a regular position, any continuing incumbent whose original appointment was made from one of the top seven on the appropriate eligible list, may be granted probationary status effective on the date of the establishment of the regular position without further examination regardless of the condition of the current eligible list.

(e) No person may receive pay in an extra help capacity in the same classification in the same department for more than 1,040 hours in any fiscal year, unless otherwise approved by the Board of Supervisors. The Board of Supervisors shall grant approval only for positions which have direct health and safety responsibilities in those departments providing 24-hour services.

(f) Extra help appointees in classes established for permanent positions are expected to meet all minimum requirements, including any special requirements established for the class by state law, or any specialized educational or training requirements for professional or technical classes, as established in the official specifications for such classes.

(g) Employees who are absent from duty with pay for a period of three months or longer may, at the request of the appointing authority and the approval of the Director, be transferred to special leave code positions and have their former positions filled on a temporary provisional basis or by regular substitute certification procedure. Except for the difference in the minimum period of appointment, such appointments shall be subject to the provisions for substitute appointments set forth in Subsection (a) of this section. It shall be the responsibility of the appointing authority to request from the Board of Supervisors sufficient appropriation for the special code positions.

(Code 1954, § 3.3.5-18; Ord. No. NS-304.6, § 5, 6-18-56; Ord. No. NS-304.16, § 1, 6-19-61; Ord. No. NS-304.53, § 1, 3-4-68; Ord. No. NS-304.67, § 1, 10-13-70; Ord. No. NS-304.79, § 1, 6-19-73; Ord. No. NS-304.113, § 34, 8-30-88; Ord. No. NS-304.124, § 29, 9-17-02)

Sec. A25-189. Provisional appointments.

(a) If there are urgent reasons for filling a position, and there are insufficient eligibles upon an appropriate employment list, the Director may authorize a provisional appointment to fill the position pending the establishment of an employment list.

(b) The Director shall approve any provisional appointee proposed by appointing authority, provided the appointee meets the established employment standards for the class.

(c) No provisional appointment shall continue for more than 60 days after an appropriate employment list has been established for the class; nor may any position be filled by provisional appointment or any person serve as a provisional appointee for more than six months in any 12 consecutive months.

(Code 1954, § 3.3.5-19; Ord. No. NS-304.102, § 1, 1-2-79; Ord. No. NS-304.113, § 35, 8-30-88; Ord. No. NS-304.124, § 30, 9-17-02)

Sec. A25-190. Emergency appointments.

Should an emergency require the filling of a vacancy and there are no eligibles immediately available, the appointing authority may make an emergency appointment of any person; but such emergency appointment may not continue for more than ten working days. Such emergency appointment shall be reported to the Director not later than the next regular workday.

(Code 1954, § 3.3.5-20; Ord. No. NS-304.14, § 12, 10-13-59)

Sec. A25-191. Probationary period.

Appointments from open or promotional eligible lists shall be for a probationary period of six months, during which the appointing authority shall investigate the conduct, performance, moral responsibility and integrity of each employee and determine whether the employee is fully qualified for permanent status. Whenever employment conditions are such that employee qualifications for a class may not be adequately determined during a six-month probationary period, the Director, upon recommendation of the appointing authority, and approval of all appointing authorities concerned, may set the probationary period for the class not to exceed 18 months. An employee who has attained permanent status in a classification in an alternate series after serving a one year probationary period shall, upon promotion to a higher classification in a series, serve a probationary period of six months.

(Code 1954, § 3.3.5-21; Ord. No. NS-304.6, § 5, 6-18-56; Ord. No. NS-304.14, § 13, 10-13-59; Ord. No. NS-304.15, § 1, 1-16-61; Ord. No. NS-304.68, § 2, 4-6-71; Ord. No. NS-304.99, § 1, 9-27-77)

Sec. A25-192. Release during probation.

(a) During the probationary period, the appointee may be rejected at any time without the right of a hearing before the Personnel Board as to original appointments, and with the right of such hearing as to probationary appointments following promotion, demotion or transfer of employees with permanent status. If requested by the appointee, the appointing authority shall provide the appointee with a written statement of the reasons for the appointee's release; such request must be made within five days of the appointee's release. Such statement is for informational purposes only, and not for purposes of appeal. The Director may restore a released probationer to the eligible list for certification to other departments if the reasons for the appointee's release appear limited to a single department.

(b) Probationary employees appointed to a higher class prior to attainment of permanent status in the lower class shall have the right to a hearing before the Personnel Board, provided the time served in both classes was sufficient to have attained permanent status in the lower class.

(Code 1954, § 3.3.5-22; Ord. No. NS-304.6, § 5, 6-18-56; Ord. No. NS-304.21, § 4, 11-5-62; Ord. No. NS-304.49, § 8, 9-18-67; Ord. No. NS-304.85, § 1, 11-4-73; Ord. No. NS-304.113, § 36, 8-30-88)

Sec. A25-193. Permanent appointment.

If, after thorough investigation during the probationary period, the appointing authority finds the probationer fully qualified for permanent status, the appointing authority shall so certify to the department not later than the last day of the probationary period. Failure of the appointing authority to so certify shall constitute automatic release of the probationer on the last day of the probationary period.

(Code 1954, § 3.3.5-23; Ord. No. NS-304.113, § 37, 8-30-88)

Secs. A25-194--A25-200. Reserved.

Sec. A25-201. Return to former class.

As an alternative to appointment from any employment list, any current permanent employee, upon recommendation of the appointing authority and approval of the Director, may be appointed without further examination to a position in any class in which regular status had formerly been acquired, or to any related class on a comparable level with the former class, except when separation from the previous class was based on a disciplinary demotion, dismissal, or release.

(Code 1954, §§ 3.3.5-24.9, 3.3.4-25; Ord. No. NS-304.6, § 5, 6-18-56; Ord. No. NS-304.14, § 15, 10-13-59; Ord. No. NS-304.21, § 5, 11-5-62; Ord. No. NS-304.23, § 1, 6-24-63; Ord. No. NS-304.49, § 9, 9-18-67; Ord. No. NS-304.81, § 1, 7-3-73)

Secs. A25-202--A25-216. Reserved.

ARTICLE 6.
RESERVED*

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Editor's note--Ord. No. NS-304.78, § 7, adopted July 17, 1973 repealed the title of Ch. III, Art. 6, entitled "Compensation." The article has been reserved to preserve code style and format at the discretion of the editor.

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Secs. A25-217--A25-238. Reserved.

ARTICLE 7.
RESERVED*

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Editor's note--Ord. No. NS-304.100, § 1, adopted Oct. 4, 1977, specifically amended the Code by repealing Art. 7, §§ A25-239--A25-241, which had pertained to vacation and sick leave. Said sections had been derived from Code 1954, §§ 3.3.7-2, 3.3.7-3; Ord. No. NS-304.1, § 2, 11-22-54; Ord. No. NS-304.5, § 2, 11-22-54; Ord. No. NS-304.6, § 7, 6-18-56; Ord. No. NS-304.10, § 2, 10-14-58; Ord. No. NS-304.13, § 1, 12.8-59; Ord. No. NS-304.14, § 17, 10-13-59; Ord. No. NS-304.15, § 1, 1-16-61; Ord. No. NS-304.30, §§ 1, 2, 11-29-65; Ord. No. NS-304.36, § 1, 5-31-66; Ord. No. NS-304.40, § 2, 12-5-66; Ord. No. NS-304.44, § 1, 5-22-67; Ord. No. NS-304.45, § 1, 6-12-67; Ord. No. NS-304.54, §§ 1, 2, 3-18-68; Ord. No. NS-304.55, §§ 1, 2, 3-25-68; Ord. No. NS-304.57, § 2, 7-1-68; Ord. No. NS-304.63, §§ 1, 2, 7-28-70; Ord. No. NS-304.64, § 1, 9-1-70; Ord. No. NS-304.70, §§ 3, 4, 9-14-71; Ord. No. NS-304.76, § 1, 2-20-73; Ord. No. NS-304.78, § 9, 7-17-73; Ord. No. NS-304.82, § 1, 7-31-73; Ord. No. NS-304.87, § 1, 6-26-74; and, Ord. No. NS-304.88, § 1, 8-27-74.

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Secs. A25-239--A25-259. Reserved.

ARTICLE 8.
REPORTS AND RECORDS

Sec. A25-260. Reports of personnel transactions.

To enable the department to perform its duties accurately and expeditiously, each appointing authority shall report promptly, on forms provided or by letter where no form is prescribed, on the following transactions:

(a) Requisitions for certifications.

(b) All appointments.

(c) Separation from the service.

(d) Transfers and demotions.

(e) Changes in organization resulting in the creation or abolishment of a position, promotion or demotion, changes in duties or classification.

(f) Leaves of absence.

(g) Disciplinary actions.

(Code 1954, § 3.3.8-1)

Sec. A25-261. Responsibility for reporting transactions, distributing personnel information.

Each department head shall appoint an assistant, or so act in that capacity, to cooperate with the Department and be responsible for properly reporting personnel transactions, for properly distributing within the department personnel material and information, including the posting of notices upon the department bulletin board.

(Code 1954, § 3.3.8-2; Ord. No. NS-304.113, § 38, 8-30-88)

Sec. A25-262. Department records.

(a) The Department shall keep such records as necessary and required by state and federal law for transactions and reference and for making reports showing administrative actions, including: Records of all examinations, eligible lists, records and files of employment history of each employee, history of each position, classification plan, book and correspondence.

(b) The Department shall maintain an official roster containing the names, addresses, classifications and department of all employees holding positions in the classified service of the County.

(Code 1954, § 3.3.8-3; Ord. No. NS-304.124, § 31, 9-17-02)

Sec. A25-263. Reserved.

Editor's note--Former § A25-263 was repealed by § 2 of Ord. No. NS-304.114, adopted Sept. 13, 1988. The repealed provisions pertained to payroll certification and derived from Code 1954, § 3.3.8-4.

Sec. A25-264. Annual report required.

The Director shall report in writing at least annually to the Personnel Board and the Board of Supervisors regarding the operation of the personnel program.

(Code 1954, § 3.3.8-5)

Secs. A25-265--A25-271. Reserved.

ARTICLE 9.
RESERVED*

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Editor's note--Ord. No. NS-304.124, § 32, adopted Sept. 17, 2002, renumbered Ch. III, Art. 9, §§ A25-272--A25-276, as Ch. VI, Art. 8, §§ A25-696--A25-700. Former Art. 9 pertained to evaluations. See the Code Comparative Table.

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Secs. A25-272--A25-281. Reserved.

ARTICLE 10.
RESERVED*

------------

Editor's note--Ord. No. NS-304.124, § 33, adopted Sept. 17, 2002, renumbered Ch. III, Art. 10, §§ A25-282, A25-282, as Ch. VI, Art. 9, §§ A25-710, A25-711. Former Art. 10 pertained to training. See the Code Comparative Table.

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Secs. A25-282--A25-299. Reserved.

ARTICLE 11.
DISCIPLINARY ACTIONS*

------------

Charter reference(s)--Suspensions, demotions, removals, § 708.

------------

Sec. A25-300. Authorized.

An appointing authority may suspend, demote or dismiss any employee subject to Section 708 of the Charter covering appeal rights of employees with permanent status or employees serving on a promotional probationary capacity. Probationary employees on original appointments shall not have appeal rights.

(Code 1954, § 3.3.12-1; Ord. No. NS-304.20, § 1, 7-23-62; Ord. No. NS-304.124, § 34, 9-17-02)

Sec. A25-301. Causes of suspension, demotion or dismissal.

The following list of causes is provided as a guide to both supervisors and employees as to what may constitute a proper basis for disciplinary action. It is not an all-inclusive list in that an appointing authority may institute disciplinary action for any other activity which the appointing authority deems just cause for such action.

(a) Causes relating to performance of duties:

(1) Violation of the County Charter, merit system rules and regulations, and written and published departmental rules and policies which do not conflict with this article.

(2) Inefficiency, incompetence, or negligence in the performance of duties, including failure to perform assigned task or failure to discharge duties in a prompt, competent and responsible manner.

(3) Physical or mental incapability for performing duties.

(4) Brutality in the performance of duties.

(5) Refusal to accept a reasonable and proper assignment from an authorized supervisor; insubordination.

(6) Intoxication on duty.

(7) Careless, negligent or improper use of County property, equipment or funds, including use for private purposes or involving damage or risk of damage to property.

(8) Acceptance of gifts in exchange for "favors" or "influence" or under circumstances which would tend to compromise the effective discharge of duties.

(9) Failure to maintain satisfactory and harmonious working relationships with the public and other employees.

(10) Absence without leave.

(11) Habitual pattern of failure to report for duty at the assigned time and place.

(12) Habitual improper use of sick leave privileges.

(13) Unauthorized release of confidential information.

(b) Causes relating to personal conduct detrimental or prejudicial to public service:

(1) Guilty of gross misconduct, or conduct unbecoming a County officer or employee which tends to discredit the County or County service.

(2) Guilty of immoral conduct or criminal act.

(3) Failure to make reasonable provisions for payment of just debts.

(4) Falsified job information to secure position.

(5) Addiction to use of narcotics or habit-forming drugs.

(c) Engaging in incompatible employment. Any employee in the classified service who directly or indirectly engages in incompatible employment or serves a conflicting interest shall be subject to suspension, demotion or dismissal. It shall be the responsibility of the employee who engages in employment in addition to classified service with the County to notify the appropriate County authorities of such employment. It is the responsibility of the County to provide appropriate forms for notification and to evaluate such forms to ensure that any non-county employment is not incompatible.

(Code 1954, § 3.3.12-2; Ord. No. NS-304.20, § 1, 7-23-62; Ord. No. NS-304.113, § 41, 8-30-88; Ord. No. NS-304.124, § 35, 9-17-02)

Sec. A25-302. Determining degree of seriousness of offense.

(a) In determining the degree of seriousness of an offense which is a cause of suspension, demotion or dismissal, the appointing authority shall consider:

(1) The nature and extent of the specific act in terms of its effect upon the functions of the department.

(2) Damage to public interest or welfare.

(3) Whether a reasonable period has elapsed since a prior offense.

(b) The decision to suspend, demote or dismiss depends on the seriousness of the offense. A suspension of not more than 30 days may be set by the appointing authority.

(Code 1954, § 3.3.12-3; Ord. No. NS-304.20, § 1, 7-23-62)

Sec. A25-303. Reserved.

Editor's note--Ord. No. NS-304.124, § 36, adopted Sept. 17, 2002, repealed § A25-303, which pertained to procedure for dismissal, demotion or suspension for cause. See the Code Comparative Table.

Secs. A25-304--A25-309. Reserved.

ARTICLE 12.
RESERVED*

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Editor's note--Ord. No. NS-304.74, § 1, adopted Sept. 5, 1972, amended this Code by repealing former Art. 12, §§ A25-310--A25-326, pertaining to employees' grievance procedures. Said former Art. 12 was derived from Code 1954, §§ 3.3.13-1--3.3.13-6, and Ord. No. NS-304.31, § 1, adopted Feb. 7, 1966. For new provisions relative to employee grievance procedures, see § A25-500 et seq.

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Secs. A25-310--A25-338. Reserved.

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