Chapter 2.57 CIVIL SERVICE RULES

The words and terms used in these rules shall have the meaning indicated as follows unless the context clearly indicates otherwise:

1-1 “Allocation” means the official determination of the class to which a position belongs; and the assignment of a position to its class.

1-2 “Applicant” means a person who, under the rules, has made formal application for employment.

1-3 “Appointment” means the offer by proper authority of an authorized position to a person and his acceptance and induction into employment in accordance with these rules.

1-4 “Appointing authority” means the group or person having the lawful power to make appointments or to remove persons from positions in the county service.

1-5 “Board” when used alone, means the board of supervisors of the county.

1-6 “Candidate” means a person who has been admitted to an examination.

1-7 “Certification” means the submission of names of eligibles from an appropriate list to an appointing authority by the director of personnel.

1-8 “Class” or “class of positions” means a definitely recognized kind of employment in the county service designated to embrace all positions having duties and responsibilities sufficiently similar so that the same descriptive title, the same requirements as to education, experience, knowledge, and ability may be demanded of incumbents, and so that the same schedule of compensation may be made to apply with equity under the same or substantially the same employment conditions.

1-9 “Classification” means the process by which a class is established and by which its position in the schedule of classes is determined.

1-10 “Classification plan” means an orderly arrangement of positions in the classified service under separate and distinct classes so that each class will contain all those positions which are sufficiently similar in respect to duties and responsibilities to meet the requirements as established under the definition of “class.”

1-11 “Classified service” means all persons in the county service except those specifically exempted by section 2.54.100 of this code.

1-12 “Commission” when used alone, means the civil service commission of this county.

1-13 “Compensation” means the salary, wage, and all other forms of valuable consideration earned by or paid to any employee for performing the duties and exercising the responsibilities of a position. “Compensation” does not include reimbursement for allowances or expenses authorized and incurred as incidents to employment.

1-14 “Compensation plan” means a schedule of salaries or salary ranges established by ordinance for the several classes of positions recognized in the classification plan.

1-15 “Computation of Time.” “Day” means calendar day unless otherwise provided. “Month” means calendar month unless otherwise provided. The time in which any act provided by these rules is to be done is computed by excluding the first day and including the last unless the last day is a holiday, and then it is also excluded. Holidays are those days so designated by the board of supervisors.

1-16 “Continuous service” means service without separation, break, or interruption, except for authorized leaves of absence as provided for in the county salary ordinance or these rules.

1-17 “County” means the county of Madera.

1-18 “Demotion” means the reduction of an employee from a position in one class to a position in a class having a lower rate of pay.

1-19 “Department” means an administrative unit of the county government.

1-20 “Director” means the director of personnel.

1-21 “Disabled veteran” means a veteran whose disability is service connected and who has been determined and rated by the U.S. Veterans’ Administration to be at least ten percent disabled and who is receiving compensation payments from the U.S. Government therefor at the time of filing his application for examination.

1-22 “Dismissal” means removal from his position of any permanent officer or employee in accordance with Chapter 2.54 of this code and these rules.

1-23 “Eligible” means any person on an eligible list for a given class.

1-24 “Eligible list” means a list established in accordance with these rules of those qualified for employment or reemployment in a class.

1-25 “Emergency” means any condition such as extraordinary fire, flood, earthquake, epidemic, or enemy attack which threatens public life or property.

1-26 “Employee” means any person legally holding an authorized position in the county service; or who is on authorized leave of absence from such position.

1-27 “Examination” means all the tests of fitness taken together which are applied to determine the fitness of applicants for positions in any class and may include written, oral, and/or performance tests; records of efficiency or performance; character investigations; seniority and work records; physical, medical, and psychiatric examinations; and any other evidence which indicates the relative fitness of applicants to perform the duties of positions in that class. These may be:

(a) “Assembled examination” means an examination conducted at a specified time and place at which applicants are required to appear for competitive testing, under the supervision of an examiner.

(b) “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 at specified places.

1-28 “Layoff” means termination of service without fault on the part of the employee, because of lack of work, lack of funds, in the interests of economy, or voluntarily as provided.

1-29 “Leave of absence” means permission to be absent from duty for a specified period and for a specified purpose, with the right to return before or at the expiration of the period in the same status to a position in the class and in the department from which leave has been granted.

1-30 Meanings of Words. Words used in these rules in the present tense include the past and future and used in future tense include the present; words used in masculine gender include the feminine and neuter; the singular number includes the plural; the plural includes the singular; writing includes printing and typewriting; and “shall” is mandatory and “may” is permissive.

1-31 “Permanent position” means any position in the classified service that is authorized in the official schedule of positions as a continuing position in a department. Permanent positions may be part-time or full-time.

1-32 “Permanent status” means status of an employee after completion of required probationary service and recommendation of his appointing authority for retention or after action by the commission granting status in accordance with these rules.

1-33 “Position” means a combination of duties regularly assigned to be performed by one person.

1-34 “Probationary employee” means an employee who has been appointed from an eligible list and who has not completed the required probation period or been granted permanent status by the commission.

1-35 “Promotion” means advancement from a position in one class to a position in a related class having a higher rate of pay.

1-36 “Promotional examination” means an examination for a class in which competition is limited to employees in the county service.

1-37 “Provisional appointment” means the appointment of a qualified person to fill a position in a class for which no appropriate eligible list exists, pending the establishment of such a list.

1-38 “Public notice” means written notice posted near the office of the director in a place accessible to the public during business hours and additionally as directed by the civil service commission.

1-39 “Reallocation” means a reassignment or change in allocation of an individual position by raising it to a higher class, reducing it to a lower class, or moving it to another class at the same level on the basis of substantial changes in the kind, difficulty, or responsibility of duties performed in such position.

1-40 “Reinstatement” means the reappointment in accordance with these rules of an employee who has been laid off or of an employee paid in part from federal grants who has resigned.

1-41 “Reinstatement eligible list” means a list of persons with prior service in a class who are entitled in accordance with these rules to preference in appointment to vacancies in that class.

1-42 “Resignation” means the voluntary action of an employee which separates him from his position.

1-43 “Separation” means any termination of employment.

1-44 “Series” means one or more occupational groups having classes of positions with duties substantially similar in nature and character, such classes being placed in the respective groups to aid in the process of classification, in determining and fixing compensation, and in administering the county classification and compensation plan.

1-45 “Specification” means the official description of a class.

1-46 “State” means the state of California.

1-47 “Status” means the condition of an employee’s present employment, such as provisional, probationary or permanent.

1-48 “Suspension” means a temporary separation without pay imposed by the appointing authority for disciplinary purposes.

1-49 “Temporary appointment” means appointment to a temporary position or appointment to a permanent position occupied by an employee on authorized leave of absence pending return of such employee.

1-50 “Temporary position” means any position in the classified service authorized in the official schedule of positions that is not a permanent position. Temporary positions may be part-time, full-time, or intermittent.

1-51 “Test” means a specific part of an examination designed to evaluate an aspect or aspects of a candidate’s qualifications for employment in a class.

1-52 “Veteran” means any person who has served in the U.S. Army, Navy, Air Force, Marine Corps, or in a division thereof, of whatever rank or grade for a period of at least ninety days during time of war or when a national conscription act was in effect, and who has been honorably discharged or has been honorably released from active service, although still on reserve status. (Ord. 266 (part), 1962).

2-1 ORGANIZATION. The civil service commission shall organize and operate in accordance with applicable provisions of the Government Code and Chapter 2.54 of this code. It shall establish, by resolution, its own procedures and methods for conducting meetings, investigations and hearings consistent with these rules.

2-2 MEETINGS. The commission shall hold two regular meetings per month as established by it. If the regular meeting date falls on a holiday, an alternate date shall be specified by the commission at the preceding regular meeting. The commission may adjourn any regular meeting to a specified time and date for a continuance of scheduled business. Special meetings may be held at the call of the president or vice-president and written notice of the time and place of such meeting shall be provided each member of the commission by the secretary at least two days prior to the meeting. Meetings shall be held in the courthouse annex of the county or such other place as the commission shall direct. Hearings, as scheduled by the commission, shall constitute meetings. No meeting of the commission shall be held unless at least three of the members of the commission are in attendance.

2-3 INVESTIGATIONS. The commission, at the request of the board of supervisors or upon its own motion, may order an investigation into the administration and effect of the civil service provisions of applicable laws and these rules, and may make any suggestions or recommendations which would promote the effectiveness of such provisions, and may propose amendments to these rules to facilitate such action.

2-4 RIGHT TO BE HEARD. It shall be a policy of the commission that, whenever practicable, county officials, department heads, and employees, concerned with and/or affected by matters pending before the commission will be given a reasonable right to be heard before any final action is taken under these rules.

2-5 MINUTES. The commission, through its secretary shall permanently maintain minutes recording its actions and decisions taken at meetings. At such meetings, the commission shall take action only by formal resolution or by motion recorded in the minutes. The official copy of the minutes of the commission shall be open to public inspection subject to reasonable regulations.

2-6 RESOLUTIONS. Resolutions are formal statements of commission policy or decisions to which serial numbers are assigned, of which permanent records must be maintained, and which may be referred to in the minutes by number and title only. The commission shall act by formal resolution in the following situations; and may in its discretion act by formal resolution in other situations:
(a) Interpretations of the provisions of these rules;
(b) Creation or abolition of a class;
(c) Decisions on all appeals of disciplinary actions.

2-7 DIRECTOR OF PERSONNEL. The director of personnel shall be head of the civil service and personnel department and shall act as secretary of, and chief examiner for, the civil service commission and shall perform such other duties as are prescribed by these rules and the commission.

2-8 APPEALS. Any action of the director taken as agent for the commission may be appealed to the commission within ten days of its effective date, except as provided in Section 4-12.

2-9 SPECIAL SERVICES. The commission may, with the approval of the board of supervisors, make arrangements to contract with any qualified person or agency for such professional and technical services as may be desired in the administration of the personnel system for the performance of any personnel activities authorized by these rules. The contract may delegate to the person or agency so retained all or a part of the responsibilities and duties which are imposed by these rules upon the director; but shall not delegate any powers or duties specifically reserved to the board of supervisors or to the commission.

2-10 REPORTS OF PERSONNEL TRANSACTIONS. To enable the personnel department to perform its duties accurately and expeditiously, each appointing authority shall report promptly on the following transactions:
(a) Requisition for certifications;
(b) All appointments;
(c) Separation from the service and the reasons therefor;
(d) Transfers and demotions;
(e) Changes in organization resulting in the creation or abolishment of a position, promotion or demotion, changes in duties or responsibilities;
(f) Leaves of absence;
(g) Disciplinary actions and the reasons therefor;
(h) Refusal or failure of certified eligibles to appear for interview or to accept employment;
(i) Such other information as may be required by the commission from time to time.

2-11 RESPONSIBILITY FOR TRANSACTIONS. Each department head shall appoint an assistant, or so act himself, to cooperate with the personnel department and be responsible for properly reporting personnel transactions, for properly distributing within his department personnel material and information including the posting of notices upon the department bulletin board.

2-12 OFFICE RECORDS.
(a) The personnel department shall keep such records as are necessary 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; vacation, sick leave, and injury records; payrolls; history of each position; and correspondence;
(b) The personnel department shall maintain an official roster containing the names, addresses, classification, and department of all employees holding positions in the service of the county;
(c) Records, papers, and documents on file in the personnel department may be destroyed after two years subject to the following conditions:
(1) no record other than examination papers relating to any person employed by the county shall be destroyed until ten years following his last employment,
(2) no examination record shall be destroyed until two years following the expiration of the eligible list created by that examination,
(3) a record shall be maintained of all items destroyed except routine correspondence,
(4) no record of any type shall be destroyed without prior approval of the commission and the board of supervisors.

2-13 CONFIDENTIAL NATURE OF PERSONNEL RECORDS. All personnel records shall be considered to be of a confidential nature and will be made available only to the employee himself; to the board of supervisors; to the employee’s appointing authority or his representative. Records shall not be released to any other official or to the public without specific authorization of the commission except in response to a valid subpoena.

2-14 PAYROLL CERTIFICATION. No salary or wage shall be paid to any person holding a position in the civil service of the county except upon the certification by the director that the employment has been in accordance with applicable laws and these rules.

2-15 ANNUAL REPORT. The commission shall report in writing at least annually to the board of supervisors regarding the operation of the personnel program. (Ord. 266 (part), 1962).

3-1 CLASSIFICATION PLAN. The director shall analyze the duties and responsibilities of all positions in the classified service, shall recommend their grouping into classes, and shall recommend procedures and policies for administration of the classification plan, and for the allocation of positions to classes.

3-2 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, employment standards, tests of fitness, and schedule of compensation.

3-3 ADOPTION AND REVISION. The classification plan shall be adopted and may be revised by the commission; and the plan and revisions shall become effective upon approval of the board of supervisors.

3-4 ALLOCATION.
(a) Every permanent position in the classified service shall be allocated by the commission to an approval class in the classification plan;
(b) Every temporary position in the classified service shall be allocated by the director to an approved class in the classification plan.

3-5 SPECIFICATIONS.
(a) Specifications for each class shall be prepared by the director and submitted to the commission for approval.
(b) Specifications shall include the class title and designated number which shall be used for all official records; a brief definition of the scope, nature, and responsibility of the class; a description, typical, but not necessarily restricted, of tasks or duties ordinarily performed in positions allocated to the class; a statement of education, experience, knowledge, skills, and physical characteristics required or deemed necessary.
(c) Standards and qualifications shall not be less than those required by law.

3-6 INTERPRETATION OF CLASS SPECIFICATIONS.
(a) The class specifications are descriptive and explanatory and not restrictive. The use of a particular expression, or illustration as to duties will not be interpreted to exclude others that are of similar kind or quality.
(b) In determining the class to which any position will be allocated, the specification of each class will be considered in its entirety and in relation to others in the classification plan. Consideration will be given to the general duties, specific tasks, responsibilities, employment standards, and relation to other classes, as affording together, a picture of the kind of employment that the class is intended to embrace.
(c) Qualifications commonly required of all employees such as honesty, sobriety, industry, and physical ability to meet the requirements of the job are deemed to be implied as employment standards in all specifications even though not specifically set forth. Specific physical handicaps shall not be disqualifying unless they are of a nature which would prevent the employee from satisfactorily performing the duties of the class.
(d) The definition will be construed as a general description of a kind of work, performed by the incumbent of a position that is properly allocated to the class, and not as prescribing what the duties of any position shall be, or as limiting the expressed or implied power of the authority now or hereafter vested with the right to prescribe or alter the duties of any position.
(e) The typical tasks will be construed as examples only, illustrative of the duties outlined by the general statement. These examples are not intended to be complete or exclusive and the fact that the actual task performed by the incumbent of a position does not appear therein shall not be taken to mean that the position is necessarily excluded from the class nor shall the fact that all of the indicated tasks are performed by the incumbent of a position necessarily indicate that the position is included in that class.
(f) The statement of employment standards in the specifications for any class constitutes a guide for the establishment of minimum qualifications and for the evaluation of the qualifications of applicants. It shall not be construed so as to prohibit the civil service commission from setting higher or lower qualifications for a particular examination for the class as it deems necessary subject to the limitation imposed in Section 3-5(c).

3-7 CHANGE IN THE NUMBER OF AUTHORIZED PERMANENT POSITIONS.
Whenever an appointing authority proposes that a new permanent position be created or an existing permanent position abolished, the following procedure shall be followed:
(a) He shall prepare a comprehensive statement of the duties of the position and of any changes which will be made in other positions as a result of the requested change. This information together with justification for the change shall be submitted to the county administrative officer for recommendation to the board of supervisors. A copy of the statement and justification shall be furnished to the civil service commission.
(b) If the request is approved by the board of supervisors, the commission shall proceed to take the necessary classification action.
(c) Action by the board of supervisors to put the change in effect shall not be taken until a report of classification action has been made by the commission.

3-8 CHANGE OF ORGANIZATION. Whenever an appointing authority proposes that duties and responsibilities of employees filling permanent positions under his direction be changed and reorganized, he shall proceed as follows:
(a) A detailed description of the duties and responsibilities to be shifted along with statements of the duties of all affected positions before and after the proposed change shall be prepared. This description along with justification for the proposal shall be submitted to the county administrative officer for recommendation to the board of supervisors. A copy of the description, statements and justification shall be furnished to the commission.
(b) If the proposal is approved by the board of supervisors, the commission shall proceed to take the necessary classification action.
(c) Action by the board of supervisors to put the change into effect shall not be taken until a report of classification has been made by the commission.

3-9 CHANGE IN NUMBER OR ORGANIZATION-TEMPORARY POSITIONS.
(a) Whenever an appointing authority proposes that an appointment be made to a temporary position for which funds have been authorized by the board of supervisors, he shall submit a statement of the duties to the director. The director shall then allocate the position to a class.
(b) Whenever an appointing authority proposes that a temporary position be created for which funds have not been authorized, the procedure outlined in Section 3-7 shall be followed except that classification action shall be taken by the director.
(c) Whenever an appointing authority proposes that temporary positions be reorganized as to duties and responsibilities, he shall follow the procedure outlined in Section 3-8, except that classification action shall be taken by the director.

3-10 REVIEW OF CLASSIFICATION OF POSITIONS. The commission, upon the written request of the board of supervisors, an appointing authority, any employee, or on its own initiative, may review the classification of any existing position. The following procedure shall be used for such review:
(a) A statement of duties shall be prepared by the incumbent of the position or by the appointing authority if such position is vacant. Such statement shall be submitted through the appointing authority to the commission and a copy shall be submitted to the board of supervisors.
(b) The commission shall make such investigation as it deems necessary including calling for additional information.
(c) The commission shall hold a hearing at which the appointing authority, the incumbent of each position reviewed, and other interested parties shall be given the opportunity to be heard.
(d) If the investigation and hearing substantiate that the duties and responsibilities of the position are such that the classification is not correct, the commission shall make a finding to that effect and shall notify the board of supervisors of the proper classification for the position for their approval.

3-11 EMPLOYEE STATUS UPON POSITION REALLOCATION.
(a) If an occupied position is allocated to another class, the incumbent shall be required to qualify for appointment to such class by examination except as provided in (b) below.
(b) The civil service commission may grant status directly upon reallocation only:
(1) If the new class is one in which the employee has had permanent or probationary status or is in the same series of classes and qualification for the original class is deemed sufficient by the commission for the new class;
(2) As part of a general reallocation affecting the entire classified service; or
(3) Upon a clear showing by the appointing authority that the duties of a position have gradually evolved without any intent on the part of anyone to evade the merit principle, and that the reallocation is to a class where the employee involved meets all established education, experience, or professional or technical qualifications.
(c) Should the incumbent of a position that has been reallocated fail to qualify for the new class, he may be continued in a class for which he has status, provided a vacancy exists, or he may be placed upon a reinstatement eligible list as if he had been laid off under Section 7-2. (Ord, 266 (part), 1962)

4-l ANNOUNCEMENT OF EXAMINATIONS.
(a) Written announcements of all examinations shall be prepared by the director and shall be approved by the commission prior to the day of the examination.
(b) Announcements shall be given public notice for at least the fifteen days prior to the last date for filling applications. Announcements may be posted elsewhere, copies mailed to interested applicants, or other forms of notice may be used to attract qualified applicants. Such posting and distribution may be done prior to the approval of the announcement of the examination by the commission.
(c) Announcements shall include at least:
(1) The class title;
(2) The compensation;
(3) A statement of duties and responsibilities;
(4) The place and last date to file applications.
(5) The conditions of competition including qualifications required, scope of the examination, relative weights assigned to parts of the examination, passing grade, and any other special conditions;
(6) The type and duration of eligible list or lists to be established as a result of the examination;
(7) Such other information as will help applicants understand the nature of the employment and the procedure for participating in the examination.

4-2 APPLICATIONS. Official application forms shall be provided by the director and shall be filled out by each applicant for each examination and for each class of employment applied for. Applications shall be accepted for filing only for classes currently announced for examination unless otherwise specified by the director.

4-3 RECRUITMENT HOTLINE. The personnel department shall maintain on a dedicated telephone line a recorded message listing all positions for which the county is currently accepting employment applications, along with a telephone number to call to obtain a detailed description of the positions and an official employment application form.

4-4 FILING TIME. Applications must be filed in the office of the personnel department on or before the closing date specified in the examination announcement.

4-5 NOTICE OF APPROVAL. Each applicant approved for examination shall be so notified prior to the examination date by mail to the address shown upon the application form.

4-6 CITIZENSHIP. In addition to those otherwise stated, all applicants shall be United States citizens except that the commission may, when other qualified applicants cannot be obtained, make such exceptions as are provided by law. Naturalized citizens shall submit evidence of naturalization upon appointment.

4-7 SPECIAL QUALIFICATIONS. Applicants for positions which require special qualifications may be required to provide satisfactory documentary evidence of such qualifications.

4-8 AGE LIMITS. The commission may establish minimum or maximum age limits for county employment when permitted by law.

4-9 APPLICATIONS NOT TO BE RETURNED. Applications will not be returned to the applicant. However, supporting documents submitted with the application may be returned to the applicant at his request.

4-10 DISQUALIFICATION. The commission may refuse to examine an applicant or after examination may disqualify an applicant for any of the following reasons:
(a) If he is found to lack any of the requirements of qualifications established for the examination;
(b) If he is physically unfit to perform the duties of the class;
(c) If he is addicted to the use of narcotics or the excessive use of intoxicating liquors;
(d) If he has been convicted of a felony;
(e) If there is evidence of immoral, infamous, or disgraceful conduct;
(f) If he has made a false statement of material fact or has practiced or attempted any deception, fraud or misconduct in connection with his application or has practiced or attempted any unauthorized act in connection with an examination;
(g) If he refuses to submit to fingerprinting, medical examination, or other requirement set by the commission for all applicants for the class;
(h) If he has been dismissed for the cause mentioned herein from public or private employment or has resigned to avoid such dismissal;
(i) If he has directly or indirectly obtained information regarding examinations to which as an applicant he was not entitled;
(j) If he has taken part in compilation, administration, or correction of the examination;
(k) If he subscribes to subversive principles or advocates overthrow of or change in the form of government now existing in the United States and the state of California by any means other than as provided in respective constitutions thereof;
(l) If he has otherwise violated provisions of these rules.

4-11 NOTICE OF REJECTION. 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.

4-12 RIGHT TO APPEAL. Whenever an application is rejected, the applicant may file a written appeal for reconsideration by the commission. Such appeal shall be filed immediately upon receipt of the notice of rejection. In the event there is not sufficient time prior to the date of the examination for the commission to act on such appeal, the director may allow the appellant to participate in the examination on a provisional basis pending decision of the commission on the appeal.

4-13 APPLICATIONS CONFIDENTIAL. Neither the names of applicants for an examination nor the names of those who failed in an examination shall be made available to anyone either before or after the examination is held.

4-14 MEDICAL EXAMINATIONS. Each prospective employee may be required to submit a report of medical examination for the purpose of ascertaining that if employed, he would not be a hazard to himself, other employees, or the public, and that the county would not assume unnecessary responsibility under existing laws for pre-existing disabling conditions, and that he is physically able to perform the duties of a particular position. The prospective employee may elect or the commission may require the medical examination to be conducted by physicians employed by the county without charge to the prospective employee. Private physicians’ fees for examination shall be at the applicant’s expense. Wherever feasible, the commission shall establish minimum standards to guide in such medical examinations.

4-15 FINGERPRINTING. Applicants for positions may be required by the commission to be fingerprinted at any stage in the examination process. All prospective employees shall be required to be fingerprinted as a condition of employment. The director shall establish and maintain a system to carry out this requirement. Employees in the service of the county may be required to be fingerprinted as specified by the board of supervisors.

4-16 DISCRIMINATION. No person in the classified service or seeking admission thereto shall in any way be discriminated against because of color, creed, affiliations, political opinions, or sex.

4-17 OATH. Each employee of the county shall at the time of appointment take an oath that he will uphold the Constitution of the United States and of the state of California and the ordinances of the county.

4-18 VETERANS’ PREFERENCE. To be entitled to veterans’ preference an applicant must indicate on his application blank that he has performed service as specified in Section 1-52 and present to the director the original or a certified or photostatic copy of proof of such service. (Ord. 266G § 2, 1993; Ord. 266(part), 1962).

5-1 SCHEDULING EXAMINATIONS. 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 notifying all persons affected and posting public notice.

5-2 NATURE OF EXAMINATIONS.
(a) Examinations shall be impartial and practical in nature and so constructed that they reveal the capacity of the applicant for the class for which he is competing as well as his general background and related knowledge.
(b) Entrance examinations for classes in which employees are partially paid from federal grants shall include a written test.

5-3 ORAL TESTS.
(a) An examination may include an oral test for the purpose of evaluating and appraising the education, training, experience, personality, temperament and other personal factors of the candidate against the requirements of the particular class of work.
(b) Oral test boards shall be appointed by or at the direction of the commission.
(c) Oral test board members shall mark on forms provided the degree to which, in their judgment, each candidate possesses the desired qualifications. The individual markings by the test board members shall not be disclosed to anyone, except with the specific authorization of the commission. The oral test board’s marks shall be averaged by the personnel staff.

5-4 MULTIPLE PART EXAMINATIONS. In examinations which have more than one type of test, those candidates who do not attain the required score on each portion shall not be allowed to compete in subsequent portions.

5-5 FAILURE TO APPEAR. Failure to report for an examination or any portion thereof shall eliminate a candidate from the examination, except that a candidate who reports late to an examination may be allowed to compete by the person administering the examination upon sufficient reason. However, no candidate shall be admitted to a written examination after any other candidate has left and candidates admitted late may be required to complete the examination in the scheduled time remaining.

5-6 OFFICIALS AND EMPLOYEES TO ASSIST. County officers and employees may be called up to assist in examination procedures, and it shall be deemed a part of the official duties of such persons to act in such capacity. (Ord. 266(part), 1962).

5-7 PREPARATION OF EXAMINATIONS. The director shall prepare, or have prepared under his direction, all examinations which are to be given.

5-8 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. Applicants shall not be allowed to retake an examination within sixty days unless alternative forms of that examination are available.

5-9 UNASSEMBLED EXAMINATIONS. Whenever the announcement of an examination calls for the examination or a portion of it to be unassembled, applicants shall be given opportunity to file statements of their qualifications. The appraisal board, as instructed by the commission, shall give each applicant a competitive rating based on duties, requirements and conditions of work in the class to be filled. Applicants appraised highest, to a number commensurate with the number of vacancies anticipated, may be required to compete in further tests.

5-10 IDENTIFICATION. 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 and the pass point set.

5-11 VETERANS’ PREFERENCE. In any open competitive examination any veteran qualifying for preference shall, upon attaining the passing mark establish for the examination, be given a preferential credit of five percent of the total credits earned if he is not disabled or ten percent of the total credits earned if he be disabled. Veterans’ credit shall not be granted in promotional examinations.

5-12 EXAMINATION SCORES.
(a) Unless otherwise provided in the examination announcement, competitors shall be required to attain a score of not less than seventy percent in each part of the examination.
(b) In written tests the seventy percent used to represent the minimum score need not be the arithmetic seventy 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 competition, and the needs of the service.

5-13 EXAMINATION GRADES. In examinations composed of several tests which are graded independently, weights shall be assigned in the examination announcement 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 shall be the final examination grade of the candidate except where additional credit is allowed, such as veterans’ preference.

5-14 RESOLVING OF TIES. If two or more candidates have the same total final grade on an examination, they shall be ranked in order of their scores in that portion of the examination which has the greatest weight. In case this fails to break the tie, they shall be ranked in the order of filing applications.

5-15 NOTICE OF RESULTS OF EXAMINATIONS. 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 his examination, of his final examination score, and if successful, his relative position upon the eligible list.

5-16 REVIEW OF WRITTEN TEST CONTENT.
(a) Candidates who take written tests will be allowed to review a keyed copy of such tests within three working days after the test is given subject to the following:
(1) Copyrighted or standardized tests, tests given on a continuous basis, and tests requiring essay or problem solution answers shall not be subject to review;
(2) When written tests are provided by an outside contracting agency, review shall be allowed only with the consent of such agency.
(3) All review of test material shall take place in the personnel office in the presence of a member of the office staff.
(b) Any protests of items or of the key answers selected must be submitted in writing within five working days after the test is given. Where appropriate, protests must include an explanation of the reasons and authorities relied upon.
(c) The director shall review all protests and shall determine whether the protest is justified. If the protest is allowed the keyed copy of the test shall be so noted and all papers scored accordingly.

5-17 REVIEW OF TEST PAPERS.
(a) Within five working days after notices of final scores have been mailed to all candidates, any candidate will be allowed to review his answers to any written test except those noted in Section 5-16(a)(1) and to compare them with the correct answers for the purpose of checking for errors in scoring only.
(b) Ratings given in oral, performance, unassembled, or physical agility tests shall not be subject to review.
(c) If an error is found the score of the candidate and the eligible list 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.

5-18 PROMOTION EXAMINATIONS.
(a) The commission shall conduct promotional examinations for various classes whenever the interests of the county can be best served thereby. No promotional examination shall be scheduled unless there is a sufficient number of county employees who meet the minimum qualifications for the class to provide a reasonable degree of competition except where a permanent employee is applying for promotion by competitive standards. Competitive standards are those by which an employee’s performance is gauged to determine his/her level of competence. Standards should include knowledge, abilities, time worked in a classification at a particular level of competence, and a variety of performance criteria.
Promotion by competitive standards would occur in a situation where a position was:
1. Under filled on a permanent basis from an eligible list, or
2. Filled at the entry/training/first working level of a job series where there is flexible staffing budgeted for all persons hired into the classification.
(b) Announcements for promotional examinations shall specify the types and length of county employment by class and department which will meet the qualifications for the class to be tested. Promotional examinations shall be limited to employees with permanent status in their current classifications unless otherwise provided in the announcement. Promotional examination announcements will be established on an open filing basis for positions which are affected by promotion by competitive standard.
(c) Promotional examinations shall be made up and conducted in the same manner as open examinations except that veterans’ preference shall not be granted.
(d) Examinations may be given on an open and promotional basis and open and promotional eligible lists may be established therefrom. (Ord. 266-C § 1, 1989: Ord. 266 (part), 1962)

5-19 EMPLOYEE PARTICIPATION. County employees who meet the minimum qualifications for examinations shall be encouraged to compete and appointing authorities shall be encouraged to give preference to them in appointment whenever this can be done consistent with the best interests of the county service. (Ord. 266 (part), 1962).

6-1 ELIGIBLE LISTS.
(a) The following types of eligible lists shall be established in accordance with these rules:
(1) Reinstatement eligible lists;
(2) Promotional eligible lists;
(3) Open eligible lists.
(b) Certification for appointment shall be made from eligible lists in the order listed above. No appointment shall be made from a promotional eligible list if a reinstatement eligible lists in existence for such class, except as provided in Section 6-3. No appointment shall be made from an open eligible list if a reinstatement eligible list is in existence for such class except as provided in Section 6-3 or if a promotional eligible list is in existence for such class.

6-2 ORDER OF ELIGIBLES. Candidates who qualify in an examination for a class shall have their names placed upon the open or promotional eligible list for the class in the order of their relative final grades as determined in accordance with Sections 5-13 and 5-14.

6-3 REINSTATEMENT ELIGIBLE LISTS.
(a) Names shall be placed on reinstatement eligible lists as a result of the following:
(1) Involuntary layoff from the class;
(2) Involuntary layoff from a higher class;
(3) Voluntary layoff;
(4) Expiration of the temporary appointment of an employee who has been granted permanent status in accordance with the provisions of Section 6-24.
(5) Approved request of the appointing authority in the case of employees for whom the county is partially reimbursed from federal funds who have resigned within one year.
(b) Names shall appear on the reinstatement eligible list in the order shown above and within each category in inverse order of the action involved.
(c) Names shall be certified from the reinstatement eligible list as follows:
(1) If an employee whose name is on the reinstatement eligible list has been involuntarily laid off from a position in the class and in the department for which certification is requested his name alone shall be certified;
(2) In all other instances the top name on the reinstatement eligible list shall be certified, however, the appointing authority may reject such name in writing and upon receipt of such rejection the director shall certify the next name of such list. No more than two such rejections shall be permitted. If there are fewer than three names on such reinstatement eligible list and all such names shall be rejected by the appointing authority, the director shall certify additional names from the open eligible list for such class until a total of three names shall have been certified.

6-4 PROMULGATION. Open and promotional eligible lists shall be prepared and signed by the director within thirty days following completion of the last portion of the examinations and shall be in effect from the date of his signature. The commission shall approve such eligible list at its next regular meeting.

6-5 DURATION OF LISTS.
(a) Eligible lists resulting from open competitive examinations, except those for classes for which there is continuous testing, shall remain in force for six months and may be extended by the commission for additional six month periods up to two years.
(b) Names on eligible lists resulting from continuous testing shall remain on such lists for one year.
(c) Eligible lists resulting from promotional examinations shall remain in force for two years.
(d) Names shall remain on reinstatement eligible lists for two years.

6-6 ELIGIBLE LISTS CONFIDENTIAL. Eligible lists are confidential, and the relative position of an eligible on a list or his score shall not be made available except to the eligible, his designated representative or a department wherein he is considered for appointment.

6-7 REMOVAL FROM ELIGIBLE LISTS.
(a) The commission may remove the name of an eligible from an eligible list or refuse to certify any eligible on an eligible list for the following reasons:
(1) Any of the reasons enumerated in Section 4-10;
(2) At the eligible’s request;
(3) On evidence that the eligible cannot be located by mail at his last given address;
(4) For failure to respond within stipulated time after notice of certification;
(5) From a promotional eligible list upon termination of service with the county;
(6) For failure to accept appointment when offered;
(7) For other justifiable reasons.
(b) The eligible shall be notified by mail at his last known address of this action and the reasons thereof.
(c) An eligible removed for reason (4) above may be restored to the list if he presents satisfactory reasons for failure to respond after notice of certification.

6-8 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. This certification must be acceptable to the person certified. Acceptance of a position in a lower class shall not prejudice the position of the person on the eligible list for the higher class.

6-9 NAMES REMAINING ON ELIGIBLE LISTS. When a new examination is announced for a class for which there is an eligible list in effect or for which an eligible list has expired within six months of the date of the announcement, the director shall notify all persons whose names remain on the existing list, or whose names were left on the expired list of the new examination.

6-10 WAIVERS. Any person whose name is on an eligible list may request that his name be withheld from certification and/or appointment for any period during the life of the list. He may also request that his name be certified to fill vacancies only in specified departments and/or locations. Such waivers may be granted by the commission provided sufficient reason is given. If, however, all persons remaining on a list shall have waived and a new list is prepared, the old list may be declared void.

6-11 REQUISITION.
(a) Each appointing authority shall notify the director, as far in advance as possible, of his personnel requirements in order that sufficient time is available to establish eligible lists.
(b) A request for personnel shall be prepared by the appointing authority for each vacancy which he desires to fill. Such request shall specify the present class title, rate of compensation, location of the position, conditions of the position, conditions of employment, duration, name of person being replaced and any other pertinent data. The request shall be submitted to the county administrative officer.
(c) The director shall not make any certification of names to an appointing authority until said request for personnel has been certified by the county administrative officer.
(d) The director shall investigate the assigned duties and responsibilities of the position when necessary, in order to determine that it is allocated to its proper class.

6-12 CERTIFICATION OF ELIGIBLES.
(a) Upon receipt of a requisition from the appointing authority, the director shall certify the five names highest on the appropriate eligible list.
(b) When the eligible list or lists do not contain the number of names specified in (a) above, the director shall certify those names which are on the list or lists.
(c) If there is more than one vacancy in one class in the same department, one additional name beyond three shall be certified for each such additional vacancy.
(d) An appointing authority may specify particular abilities, knowledges, 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 by the commission and finding of clear evidence that efficient performance can best be performed by those with the specialized requirement.
(e) Upon request of an appointing authority and upon finding, by the commission, that the nature of the work so warrants, the commission may approve the submission of names of one sex to fill a vacancy.
(f) The appointing authority shall interview all eligibles who have responded to notice of certification prior to making an appointment and may inspect the applications and related examination records of an eligible whose name has been submitted for approval.
(g) If one or more of the persons certified waivers or fails to respond to a notice of certification within the time specified, the director shall certify an equal number of substitute names from which the choice shall be made.
(h) Persons who have been granted waivers and persons who cannot be appointed because of their relationships to employees in the department having the vacancy shall not be certified by the director.
(i) All vacancies in permanent and temporary positions shall be filled by appointment of one of the persons certified by the director.

6-13 NOTIFICATION OF 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 his designee within five working days following the date notices were mailed and shall advise that failure to so communicate shall be grounds for removal from the eligible list.

6-14 TRANSFERS. As an alternative to appointment from any eligible list, a position may be filled by transfer of a permanent employee, or a probationary employee who must serve the full period in the new department in the same or comparable class. Said transfer shall be at the request of the employee and upon the recommendation of the appointing authorities concerned, the county administrative officer, and approval of the commission. Permanent employees who transfer shall retain their permanent status.

6-15 REPORTS OF APPOINTMENT. The appointing authority shall report to the director the name or names of persons appointed and the date service is to begin.

6-16 PROVISIONAL APPOINTMENT.
(a) If there are urgent reasons for filling a position in a class for which no eligible list exists or if all persons on the eligible list have waived appointment to the position, the director may authorize a provisional appointment to fill the position.
(b) In authorizing a provisional appointment, the director shall refer the names of eligibles available and the names of qualified persons who have indicated intention to take the next examination for the class. However, the director shall approve any provisional appointee proposed by the appointing authority, provided he meets the established employment standards for the class.
(c) No provisional appointment shall continue for more than thirty days after an appropriate employment list has been established for the class; nor shall any position be filled by provisional appointment or any person serve as a provisional appointee for more than twelve months.
(d) The period of provisional appointment shall not constitute a part of the probationary period.
(e) All provisional appointees shall file an application for the class to which appointed.

6-17 SPECIAL APPOINTMENTS. Upon a showing by an appointing authority that no applicants who meet the established qualifications for a position are available and the filling of the position is essential, the commission may approve the special appointment of a person to fill the position until qualified persons may become available. Special appointments shall be limited to thirty days’ duration but may be renewed once by the commission.

6-18 TEMPORARY APPOINTMENTS.
(a) Temporary appointments shall be made in the manner specified in Section 6-12. The name of a person so appointed shall remain on the eligible list and shall continue to be certified for filling vacancies in permanent positions which arise in that class.
(b) Upon termination of a temporary appointment because of lack of work, the employee who has been granted permanent status in accordance with Section 6-24 shall be placed on the reinstatement eligible list for the class.
(c) If the eligible list from which he was appointed has expired during the temporary appointment of an employee, he may, upon termination of temporary employment for lack of work, and upon his request, be placed on a new eligible list for the class by the commission.

6-19 EMERGENCY APPOINTMENT.
(a) To meet the requirements of an emergency, an appointing authority may appoint any person without reference to eligible lists.
(b) Each emergency appointment shall be reported to the director in writing as soon as possible stating the situation that exists.
(c) Emergency appointments shall not extend beyond fifteen days.

6-19(A) EMERGENCY APPOINTMENT-MENTAL HEALTH. Madera County department of mental health may offer provisional employment to selected employees of Kings View without consideration of any current eligible list for a class, subject to the approval of the Director of Human Resources.
Prior to approving a provisional appointment, the director of human resources shall refer the names of qualified persons who have indicated intention to take the next examination for the class to the department of mental health.
Any person appointed in a provisional status under this section, shall, thereafter, be required to qualify for employment subject to all rules and regulations of the Madera County civil service commission. No employment under this section shall be authorized for more than twelve months from the effective date of provisional employment. The period of provisional appointment shall not constitute a part of the probationary period.
Employees appointed in a provisional status may be released by the appointing authority at any time without the right of hearing before the civil service commission.
Provisional appointment under the ordinance codified in this section is not subject to the terms of “provisional employment” as defined in this code.
Each provisional employee shall be hired into a pre-existing county employment classification except that for disciplines without a corollary county classification, necessary employees may be employed by written employment agreement, which agreement shall have a term not to exceed twelve months and be subject to termination upon the creation of an appropriate classification and such employees shall, thereafter, be required to qualify for employment subject to all rules and regulations of the Madera County civil service commission.

6-20 APPOINTMENTS IN ELECTIONS. The county clerk may, in connection with elections, appoint any person without a reference to eligible lists to assist in such elections for a period not to exceed fifteen days. Such appointments shall be reported to the director in writing as soon as possible.

6-21 PERSONAL SERVICE CONTRACTS. The commission shall have the right to review all contracts for personal services to be performed for the county to insure that personal services are not being secured by contract to avoid the requirements of Chapter 2.54 of this code, and these rules.

6-22 PROBATIONARY PERIOD.
(a) Appointments from open or promotional eligible lists to permanent positions shall be for a probation period of one year.
(b) Appointments from open or promotional eligible lists to temporary positions or to permanent positions held by employees on authorized leaves of absence pending return of such employees, shall be probationary and employees shall continue in a probationary status for the duration of such appointment unless permanent status is granted to such employee by the commission pursuant to Section 6.24.
(c) If a temporary position is made permanent by the board of supervisors and the incumbent employee is retained in such position, his probationary period under (a) above will begin at the time such position is made permanent.
(d) If an employee appointed to a temporary position is reassigned to a permanent position in the same class, in the same department, he may request to the commission that such service in the temporary position be applied to his probationary period. Such request shall not be granted without the approval of the appointing authority.
(e) Appointments from reinstatement eligible lists shall be for a probationary period of one year except that an employee appointed from such reinstatement list to a position in a class in a department from which he was laid off under the provisions of Section 7-2 shall not be subject to a probation period and such employee shall have the same status he held at the time of his layoff.
(f) For employees appointed at times other than the first of a month or the first working day of a month the probation period shall commence on the first day of the month following appointment.
(g) During the probationary period, 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.

6-23 RELEASE DURING PROBATION.
(a) During the probationary period, the appointee may be rejected by the appointing authority at any time without the right of a hearing before the commission.
(b) The commission may restore a released probationer appointed from an open competitive eligible list for certification to other departments if the reasons for his release appear limited to a single department.
(c) Any employee rejected during the probation period following a promotional appointment shall be reinstated to the position and in the status from which he was promoted.

6-24 PERMANENT STATUS.
(a) Attainment of permanent status under these rules shall confer on an employee the following:
(1) The right to request an appeal to the civil service commission from disciplinary actions in accordance with Chapter 2.54 of this code;
(2) The right to participate in promotional examinations requiring permanent status;
(3) The right to preferential treatment in case of layoff as specified in Section 7-2;
(4) In the case of employees occupying temporary positions whose employment is terminated due to lack of work, the right to placement on the reinstatement eligible list.
(b) Employees appointed from open, promotional, or reinstatement eligible lists to permanent positions shall be granted permanent status after completion of the required probationary period provided that the appointing authority after thorough investigation finds the probationary employee fully qualified for such status and files a written report to that effect with the director. To assist the appointing authority, the following procedure shall be followed:
(1) Thirty days prior to the expiration of the probationary period the director shall provide the appointing authority with a form for report of performance for each probationary employee;
(2) If this form is not returned within twenty days the director shall notify the appointing authority that such report is required for retention of the employee;
(3) If no report is received by the end of the probationary period, the director shall not certify further pay for the employee.
(c) Employees appointed from open or promotional lists to temporary positions or to permanent positions held by employees on authorized leaves of absence pending return of such employees who have worked one thousand forty hours or more in such position during the preceding twelve months may request that the commission grant them permanent status. Such request shall be granted only after the commission has investigated the service of the employee and the circumstances of the employment and has heard the appointing authority involved.

6-25 DEMOTION OF PROBATIONARY EMPLOYEE. A probationary employee who, in the judgment of the appointing authority is not suitable for permanent employment in the class to which he was appointed, but is suitable for employment in a related lower class, may, upon the request of the appointing authority and with the approval of the civil service commission, be demoted to the lower class; provided a vacancy exists in such class. Upon such demotion, the employee shall begin a new probation period. (Ord. 594 § 1, 2003; Ord. 266-J § 1, 2002; Ord. 266-B §§ 1 and 2, 1980; Ord. 266(part), l962).

10-1 DISCIPLINARY ACTION. Disciplinary action may be taken against any employee only for good cause as specified in Section 10-2. Action is normally taken by the appointing authority or the board of supervisors, although authority for action less than demotion or removal may be delegated by the appointing authority in writing. All disciplinary actions shall be reported to the director.

10-2 CAUSES FOR DISCIPLINARY ACTION. The following are declared to be causes for disciplinary action, although charges may be based on causes other than these specifically enumerated herein:
(a) Incompetence or inefficiency;
(b) Neglect of duty;
(c) Insubordination or wilful disobedience of a lawful order of a superior;
(d) Dishonesty;
(e) Indulging in intoxicating beverages or in narcotics or habit forming drugs while on duty; being under influence of intoxicating beverages or habit forming drugs while on duty;
(f) Disorderly or immoral conduct;
(g) Discourteous or offensive treatment of the general public, wards of the county or fellow employees;
(h) Incapacity due to mental or physical disability;
(i) Fraud in securing appointment;
(j) Soliciting or taking money or gifts in connection with duty;
(k) Neglect or refusal to pay just debts;
(l) Conviction of a felony or of a misdemeanor involving moral turpitude;
(m) Engaging in prohibited political activity;
(n) Theft, abuse, damage, or wilful negligence of county property, equipment, or supplies;
(o) Absence without proper leave, except in cases of sickness or great emergency;
(p) Violation of provisions of these rules or of county ordinances concerned with regulation of employees;
(q) Failure to establish residence within the county when required by ordinance;
(r) Any act during or outside of hours of duty which is incompatible with or inimical to the county service; conduct unbecoming an employee in the county service.

10-3 PROCEDURE FOR IMPOSING DISCIPLINARY ACTION GREATER THAN THREE DAYS SUSPENSION WITHOUT PAY OR EQUIVALENT; APPEALS. This rule shall be followed whenever any permanent employee in the classified service, except those defined as peace officers under Penal Code Section 830, is subject to discipline, except as provided in Rule 10-4.5. For purposes of this rule, “day” shall be defined as an eight hour workday. Any permanent employee in the classified service shall be notified in writing of any intended disciplinary action to be taken against him or her and the reasons for said intended disciplinary action and the dates by which the employee may respond. Notification of the intended disciplinary action shall be given to the employee by personal service. If personal service on the employee is not possible, the notice shall be mailed to the employee at their last known address by certified mail and a copy mailed by regular First Class mail. The employee shall have no less than ten working days to respond in writing or to meet with his or her appointing authority prior to the disciplinary action taking effect. Prior to the disciplinary action taking effect, the appointing authority and the employee shall exchange all materials, in their possession, that are relevant to the alleged charges against the employee unless the information is part of a criminal investigation of employee conduct. If the employee fails to reply to all of the factual allegations, or if his or her denial or explanation is deemed to be untrue and/or insufficient excuse for the alleged conduct, an order for disciplinary action may be signed by the appointing authority and made effective at the date and time specified in the order.
If dissatisfied with the decision made by the appointing authority, any permanent employee in the classified service may appeal to the civil service commission any dismissal, suspension or reduction in rank or compensation imposed for disciplinary purposes. Such appeals shall be in the form provided by, and shall be presented in the manner prescribed by Chapter 2.54 of this code.

10-4 HEARINGS. Upon receipt of the required notice of an appeal, the commission shall schedule a hearing of the matter as prescribed by Chapter 2.54 of this code. The time and place of such hearing shall be determined by the commission. The commission shall determine whether a hearing officer shall be employed. The following rules and procedures for hearings shall be followed by the commission and by any hearing officer employed by the commission.
(a) To reduce procedural delays in the conduct of hearings the exchange of evidence and witnesses to be called to testify will be provided for as follows:
(1) All materials that were given to the appellant at the time action was taken, giving rise to the appeal, shall be provided to the secretary of the commission, not less than ten working days prior to the hearing. A statement must be provided to the commission that all of the materials have been provided to the appellant and if represented, his or her representative.
(2) In the case of discipline appeals, the secretary shall only provide the commission, in advance of the hearing, with the following materials: the notice of intended disciplinary action, order of disciplinary action, appellant’s response, and all other material stipulated to by and between the representatives of the appellant and the appointing authority.
Materials that support that appropriate discipline was taken shall also be provided to the secretary, but shall not be provided to the commission until the threshold issue of just cause has been determined. Any question of what materials should or should not be provided to the commission in advance of the hearing, are to be discussed with and determined by the hearing officer, prior to the distribution.
(3) Both parties or their representatives shall share evidence and a list of witnesses that are to be called at least ten working days prior to the hearing. Any objections to the materials to be entered into evidence shall be brought to the attention of the hearing officer, as soon as received. Every attempt shall be made to stipulate to evidence to be entered into the record. This is intended to resolve these issues prior to the commencement of the hearing, thereby saving time and avoiding delays in the hearing, caused by the need to address legal issues.
(b) The employee under charges shall be given an opportunity to be heard in his own defense, and to be represented by counsel. The appointing authority shall have the same rights. If after proper notice of the time and place of the hearing, the employee requesting the hearing fails to appear or to ask for a continuance, the hearing shall be terminated and the findings and verdict shall be made sustaining the action of the appointing authority.
(c) Before the hearing has commenced, the commission shall issue subpoenas and subpoenas duces tecum at the request of any party as provided by law. After the hearing has commenced the commission may issue subpoenas and subpoenas duces tecum. Subpoenas will be issued by the director as agent for the commission.
(d) The process issued pursuant to (c) shall extend to all parts of the state and shall be served personally. No witness shall be obliged to attend at a place out of the county in which he resides unless the distance be less than one hundred miles from his place of residence, except that the commission, upon affidavit of any party, showing that the testimony of such witness is material and necessary, may endorse on the subpoena an order requiring the attendance of such witness.
(e) All witnesses appearing pursuant to subpoena, other than the parties, officers or employees of the state or any political subdivision thereof, shall receive fees, and all witnesses appearing pursuant to subpoena, except the parties, shall receive mileage in the same amount and under the same circumstances as prescribed by law for witnesses in civil actions in a superior court. Witnesses appearing pursuant to subpoena, except the parties, who attend hearings at points so far removed from their residences as to prohibit return thereto from day to day, shall be entitled, in addition to fees and mileage, to a per diem compensation of three dollars for expenses of subsistence for each day of actual attendance and for each day necessarily occupied in traveling to and from the hearing. Fees, mileage and expenses of subsistence shall be paid by the party at whose request the witness is subpoenaed.
(f) On verified petition of any party, the commission may order that the testimony of any material witness residing within or without the state be taken by deposition in the manner prescribed by law for depositions in civil actions. The petition shall set forth the nature of the pending proceedings; the name and address of the witness whose testimony is desired; a showing of the materiality of his testimony; a showing that the witness will be unable or cannot be compelled to attend; and shall request an order requiring the witness to appear and testify before an officer named in the petition for that purpose. Where the witness resides outside the state and where the commission has ordered the taking of his testimony by deposition, the commission shall obtain an order of the court to that effect by filing a petition therefor in the Superior Court of the county. The proceedings thereon shall be as provided by law.
(g) The commission shall hear the case. If a hearing officer is employed he shall preside at the hearing and rule on the admission and exclusion of evidence and may give legal advice if the commission requests. The commission shall exercise all other powers relating to the conduct of the hearing.
(h) Oral evidence shall be taken only on oath or affirmation.
(i) The proceedings at the hearing shall be recorded on a tape recorder. In addition, should either party request it, the proceedings may be recorded by an authorized court reporter. The cost of providing such a court reporter shall be borne by the requesting party.
(j) Each party shall have these rights: to call and examine witnesses; to introduce exhibits; to cross-examine opposing witnesses on any matters relevant to the issues even though that matter was not covered in the direct examination; to impeach any witness regardless of which party first called him to testify; and to rebut the evidence against him. If the appellant does not testify in his own behalf he may be called and cross-examined as an adverse witness.
(k) The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules of privileges shall be effective to the same extent that they are now or hereafter may be recognized in civil actions, and irrelevant and unduly repetitious evidence shall be excluded.
(l) At any time prior to a hearing or a continued hearing any party may serve on the opposing party or his attorney a copy of any affidavit which he proposes to introduce in evidence. Unless the opposing party requests the right to cross-examine an affiant, his right to cross-examine such affiant is waived and the affidavit, if introduced in evidence, shall be given the same effect as if the affiant had testified orally. If an opportunity to cross-examine an affiant is not afforded after request therefor is made as herein provided, the affidavit may be introduced in evidence, but shall be given only the same effect as other hearsay evidence.
(m) In reaching a decision official notice may be taken either before or after submission of the case for decision, of any generally accepted technical or scientific matter within the commission’s special field, and of any fact which may be judicially noticed by the courts of this state. Parties present at the hearing shall be informed of the matters to be noticed, and those matters shall be noted in the record, referred to therein, or appended thereto. Any such party shall be given a reasonable opportunity upon request to refute the officially noticed matters by evidence or by written or oral presentation of authority, the manner of such refutation to be determined by the commission.
(n) The commission shall, upon the conclusion of the hearing, consider the facts and make the decision, but it may, within its discretion, request the hearing officer, if one is employed, to give his technical advice pertaining to the application of the evidence to the facts. Such consideration may be conducted in executive or closed session. All members shall vote on the decision after hearing the evidence or reviewing the same.
(o) The decision shall be in writing, shall contain findings of fact, a determination of the issue presented and the penalty, if any. The decision shall be certified and a copy thereof delivered to each party.
(p) The decision shall become effective immediately upon filing by the commission unless a stay of execution is granted.
(q) The commission may order a reconsideration of all or part of the case on its own motion or on petition of any party. The power to order a reconsideration shall expire fifteen days after the delivery or mailing of a decision to appellant, or on the date set by the commission as the effective date of the decision, if such date occurs prior to the expiration of the fifteen day period, or at the termination of a stay of not to exceed fifteen days which the commission may grant for the purpose of filing an application for reconsideration. A determination upon a petition for reconsideration shall be made within thirty days after the filing of such petition.
(r) The commission may grant continuances.
(s) If any person in proceedings before the commission disobeys or resists any lawful order or refuses to respond to a subpoena, or refuses to take the oath or affirmation as a witness, or thereafter refuses to be examined, or is guilty of misconduct during a hearing or so near the place thereof as to obstruct the proceedings, the commission shall certify the facts to the Superior Court in and for the county. The court shall thereupon issue an order directing the person to appear before the court and show cause why he should not be punished as for contempt. The order and a copy of the certified statement shall be served on the person. Thereafter the court shall have jurisdiction of the matter. The same proceedings shall be had, the same penalties may be imposed, and the person charged may purge himself of the contempt in the same way, as in the case of a person who has committed a contempt in the trial of a civil action before a Superior Court.
(t) Any member of the commission shall have the power to administer oaths and affirmations and to certify to official acts. The hearing officer and the official reporter shall also have the power to administer oaths and affirmations.
(u) The order in which evidence shall be presented at the hearing is as follows:
(1) The appointing authority shall present such evidence as it deems necessary to support the grounds of disciplinary action;
(2) The employee shall introduce such evidence as he deems advisable in his defense;
(3) The appointing authority shall introduce such evidence as it deems necessary to rebut the evidence produced by the employee;
(4) Evidence shall be introduced by either party as the hearing officer or the commissioner presiding shall determine to be relevant in connection with the matter at hand;
(5) Argument and summarization by either or both parties shall be as ordered by the commission at the close of the introduction of evidence.
(v) These rules and Chapter 2.54 of this code shall be so interpreted as to give all parties an opportunity to be heard and to allow the commission to fairly consider all relevant material and evidence in connection with the hearing. The language of the rules and the ordinance shall be liberally construed and words and phrases shall not necessarily be interpreted in a limited, restricted or technical sense.

10-4.5 PROCEDURE FOR IMPOSING DISCIPLINARY ACTION: SUSPENSION WITHOUT PAY FOR THREE DAYS OR LESS OR EQUIVALENT. This rule shall be followed whenever any permanent employee in the classified service, except those defined as peace officers under Penal Code Section 830, hereinafter referred to as “employee,” is the subject of a disciplinary order whereby the employee is ordered suspended without pay for three days or less, or the employee suffers a loss of pay or other loss, including an order to reimburse the County of Madera for damage to its property, equivalent in dollar amount to a suspension without pay for no more than three days, by means of an order for discipline or otherwise. For the purpose of this rule, discipline does not include oral or written reprimand.
1. NOTICE: MEETING WITH APPOINTING AUTHORITY: ORDER FOR DISCIPLINE
The procedure for notice to the employee of any intended disciplinary action, a meeting with the appointing authority and any order for discipline shall be as provided in the first paragraph of Civil Service Rule 10.3. The appointing authority shall, in addition to serving the employee, provide a fully executed copy of any notice of intended disciplinary action and order for discipline to the human resources department, county counsel, and county administrative office.
2. REPLY AND APPEAL
If dissatisfied with the final decision of the appointing authority, the employee may file a reply and a request to appeal, which must be filed pursuant to these rules, within ten calendar days from the date of service of the order of discipline on the employee. The reply shall state with reasonable sufficiency the grounds for the appeal and shall be submitted to the county administrative office. The county administrative officer or his designee (hereinafter referred to as “CAO”) shall immediately forward a copy of the reply and appeal to the appointing authority, human resources director and county counsel.
3. DISMISSAL OF APPEAL
Failure to appeal the discipline within the deadline specified above renders the right to appeal void.
4. CAO DESIGNEE
The CAO may appoint an impartial designee, as deemed appropriate, to conduct the hearing and shall do so in all cases where the CAO is the appointing authority of the appealing employee or where he is a material witness in the matter subject to appeal.
5. HEARING PROCEDURES
(a) The CAO shall schedule the appeal within twenty calendar days from the date of filing of the reply and appeal.
(b) The CAO shall consider the written documents and materials provided by the appointing authority and the employee at the initial meeting between the employee and the appointed authority, the written reply and request to appeal, the notice of intended disciplinary action, and any other documents including witness statements, submitted no less than five working days prior to the appeal hearing. A copy of any document being submitted for consideration as a part of the appeal hearing, which has not previously been presented to the appointing authority, shall be exchanged by the parties no less than five working days prior to the appeal hearing. Any rebuttal document to such new material, including witness statements shall be filed with the CAO, with a copy provided to the other party, no less than two working days prior to the date set for the appeal hearing. Any witness statement shall be signed under penalty of perjury. Each party may have a reasonable but limited amount of time to present his/her case to the CAO and to respond to questions from the CAO. Failure of the employee or employee’s representative to attend renders the appeal void and it may not be re-filed. Mandatory attendance may be waived by the CAO prior to the time and date of appeal hearing and in such case the CAO shall decide the case solely by the written record.
(c) Neither party has the right to meet or discuss the case with the CAO prior to the hearing, participate in discovery proceedings beyond those provided in paragraph 5(b), subpoena witnesses or documents, have witnesses testify before or meet with the CAO, (ask the other party questions at the hearing), or request further hearings or reconsideration. Exceptions to these procedures may be made by mutual agreement of the CAO, employee and appointing authority not less than five (5) working days prior to CAO’s hearing.
(d) The CAO has the authority to sustain or deny the appeal, and/or modify the discipline. The decision of the CAO is final and binding upon all parties and may not be appealed to the civil service commission.
(e) The CAO shall render a written decision within ten working days following the appeal hearing.
(f) A copy shall be provided to the employee, the appointing authority, the human resources director and county counsel.
6. C.C.P. § 1094.6
The provisions of the Code of Civil Procedure Section 1094.6 shall govern the time for seeking judicial review of any final decision made pursuant to this rule.

10-5 SUSPENSION.
No employee shall be suspended for disciplinary purposes for a period of more than thirty days nor shall any employee be suspended more than three times, regardless of the length of the suspension, during any calendar year. To the extent that the Federal Fair Labor Standards Act and its implementing regulations make an otherwise overtime-exempt employee eligible for overtime, by changing the employee’s status from salaried to nonsalaried as a result of disciplinary suspensions of less than six days’ duration, disciplinary suspensions of less than six days’ duration shall not be imposed on overtime-exempt employees, except for violations of safety rules of major significance or as otherwise consistent with the Fair Labor Standards Act regulations governing salaried employees. (Ord. 266-I §§ 1 and 2, 2002; Ord. 365Z-10/266I § 1, 1994: Ord. 266-F § 1, 1993; Ord. 266-E § 1, 1991; Ord. 266-D § 1, 1991; Ord. 266(part), 1962).