Chapter 2.60 PERSONNEL SYSTEM

The words and terms used in this chapter shall have the meaning indicated as follows in this section, or as referred to in Rule 1 of Chapter 2.57 of this code:
ALLOCATION: See Rule Section 1-1 of Code Chapter 2.57.
APPOINTING AUTHORITY: See Rule Section 1-5 of Code Chapter 2.57.
BOARD: See Rule Section 1-5 of Code Chapter 2.57.
CLASS: See Rule Section 1-8 of Code Chapter 2.57.
CLASSIFIED SERVICE: See Rule Section 1-11 of Code Chapter 2.57.
COMPENSATION: See Rule Section 1-13 of Code Chapter 2.57.
COMPENSATION PLAN: See Rule Section 1-14 of Code Chapter 2.57.
COMPUTATION OF TIME: See Rule Section 1-15 of Code Chapter 2.57.
CONTINUOUS FULL TIME SERVICE: Actual time worked including authorized leave with pay; does not include time during leave without pay or leave without pay during receipt of workman’s compensation.
CONTINUOUS SERVICE: See Rule Section 1-16 of Code Chapter 2.57.
COUNTY: See Rule Section 1-17 of Code Chapter 2.57.
DEMOTION: See Rule Section 1-18 of Code Chapter 2.57.
DEPARTMENT: See Rule Section 1-19 of Code Chapter 2.57.
DEPARTMENT Head: The elected or appointed person or board of commission in charge of a department.
ELECTIVE SERVICE: All elective county and judicial officers.
EMERGENCY: See Rule Section 1-25 of Code Chapter 2.57.
EMPLOYEE: See Rule Section 1-26 of Code Chapter 2.57.
LAYOFF: See Rule Section 1-28 of Code Chapter 2.57.
LEAVE Of ABSENCE: See Rule Section 1-29 of Code Chapter 2.57.
PAY PERIOD: For payroll purposes, it constitutes a calendar month.
PERMANENT EMPLOYEE: A person holding a permanent position who has permanent status under civil service rules.
PERMANENT POSITION: See Rule Section 1-31 of Code Chapter 2.57.
POSITION: See Rule Section 1-33 of Code Chapter 2.57.
PROVISIONAL EMPLOYEE: A person appointed to a permanent or temporary position pursuant to civil service rules.
RESIGNATION: See Rule Section 1-42 of Code Chapter 2.57.
SALARY ANNIVERSARY DATE: Six months from the service date of employees appointed at the “A” step of the salary range. One year from the service date of employees appointed at “B,” “C,” “D,” or “E” steps of the salary range.
SERVICE DATE: The service date of an employee shall be as follows:
1. For an employee who was originally appointed to start to work and actually began work on the first normal working day of a month, the service date is the first day of that month.
2. For an employee originally appointed to start work on a day other than the first normal working day of a month, the service date shall be the first day of the following month.
TEMPORARY EMPLOYEE: A person appointed to a position on a temporary or intermittent basis for or during a specified period of time on a part-time or full-time work schedule.
TEMPORARY POSITION: See Rule Section 1-50 of Code Chapter 2.57.
VETERAN: See Rule Section 1-52 of Code Chapter 2.57. (Ord. 365 § 2, 1972).

II. AUTHORIZATION FOR EMPLOYMENT

2.60.030 Schedule of departments and authorized positions.

The board shall, by resolution, establish and maintain a schedule showing for each county department the number of permanent positions of each class that are authorized and the maximum number of temporary positions authorized. (Ord. 365 § 3, 1972).

2.60.040 Temporary employment.

Temporary employment is subject to prior approval of the county administrative officer and to the following conditions:
A. Temporary employees appointed to a temporary position shall be paid at a daily or hourly rate for the classification required for the work to be performed as determined by the personnel officer;
B. Temporary employees entitled to temporary positions shall not be entitled to vacation, sick leave, or other leave without pay, or holidays;
C. Temporary or provisional employees occupying permanent positions shall be entitled to paid holidays and the accrual of sick leave and vacation. (Ord. 365 § 3.1, 1972).

2.60.050 Extra help service credit.

Upon written recommendation of the appointing authority and approval of the county administrative officer when an employee’s extra help service is terminated by appointment to a permanent position in the classified service of the same, equivalent, or lower class as that of the extra help appointment, such extra service may be included toward completion of the probation period and may entitle the employee to advanced placement on the salary range by crediting each full year of service toward one step on the range. The extra help service must be continuous full-time service without break or interruption except for holidays and authorized absences not to exceed three working days. (Ord. 365-Z-13 § 1, 2001: Ord. 365 § 3.2, 1972).

2.60.060 Emergency employment.

In accordance with the provisions of Rules 6 and 9 of Code Chapter 2.57, a department head may make emergency appointments not to exceed fifteen days without prior approval subject to the following conditions:
A. Emergency employees shall be paid at the rate for the classification required for the work to be performed;
B. Emergency appointments shall be reported immediately in writing to the county administrative officer;
C. Emergency employees shall be paid only for actual time worked. (Ord. 365 § 3.3, 1972).

2.60.070 Additional employment.

Whenever it is necessary in the judgement of the board to authorize employment for which there is no classification or compensation provided in this chapter, the board may by resolution fix the amount of compensation and establish qualifications for such employment. The period of such employment shall in no case extend beyond June 30th of that fiscal year. The board may by resolution increase or decrease the number of permanent or extra help positions allowed each department. (Ord. 365 § 3.4, 1972).

2.60.080 Number of employees.

Except as otherwise provided by law or this chapter, no department head shall hire permanent or extra help employees in excess of the number of positions allocated to his department or at other classifications or compensations than those established by the schedule of departments and authorized positions and this chapter. (Ord. 365 § 3.5, 1972).

2.60.090 Authority.

The head of each office, department or institution as provided for by this chapter shall be the sole appointing authority for such office, department or institution and shall make all employee appointments, demotions or removals therein; provided, however, the board may appoint an acting head of a department or office to temporarily carry out the professional functions of said department or office, and reserve to itself the powers and duties of the appointing authority as provided for in this chapter, including the power and authority to appoint or dismiss any employees of said department or office. The board shall also reserve unto itself all administrative functions of said department or office, and may delegate by resolution to such person or persons as it determines, the administrative functions required to carry on the business of said department or office. The appointment of an acting department head is a temporary expedient when a vacancy occurs or when an incumbent is unable to perform the duties of the office, and it is expressly understood that this provision is not to be used longer than necessity requires. It is the express policy of the county that the appointment of department heads shall in all cases be made following a competitive recruitment and selection process, which process shall, to the extent practicable, follow the process required by Chapter 2.57 of this code. As a part of the selection process, the county administrative officer shall be asked for and shall provide to the board his or her recommendations concerning the appointment of and salary and benefits for such department heads. (Ord. 536B § 2, 1996: Ord. 365Z-2 § 1, 1989: Ord. 365 § 4, 1972).

2.60.100 Classified service appointments.

All appointments to positions in the classified service shall be made by the appropriate appointing authority in accordance with the provisions of Chapter 2.57 and this chapter. Appointments shall be on forms provided by the director of personnel and shall not be effective until approved by the county administrative officer and the director of personnel. A copy of the approved appointment form shall be delivered to the county auditor before any compensation is paid to the appointee. (Ord. 365 § 4.1, 1972).

2.60.110 Limitations.

A. Except as provided in subsection B, no department shall have employed within it more than one member of any one family unit. This restriction shall apply to and include all persons within the second degree of lineal or collateral consanguinity. The following degrees of relationship are prohibited:
1. Grandparent and grandchild by blood or by marriage;
2. Parent and child or step-child;
3. Mother-in-law or father-in-law;
4. Son-in-law or daughter-in-law;
5. Brother-in-law or sister-in-law;
6. Brother or sister.
The limitations imposed by this subsection may be waived by the director of personnel upon application of the head of a department where circumstances are such that inequity would result for the application of this section. The decision of the director of personnel may be appealed to the board of supervisors, whose decision shall be final.
B. The prohibitions set forth in subsection A shall not be applicable to spouses, except that for business reasons of supervision, safety, security, or morale, the county or the department head may refuse to place one spouse under the direct supervision of the other spouse and, for business reasons of supervision, security, or morale, the county or department head may refuse to place both spouses in the same department, division or facility if the work involves potential conflicts of interest or other hazards greater for married couples than for other persons.
C. If co-employees marry, the county or the department shall make reasonable efforts to assign job duties to minimize problems of supervision, safety, security or morale.
D. Once an employee has been hired or has married a co-employee, if, in the opinion of the director of personnel or the department head, business reasons require that one spouse not be placed under the direct supervision of the other spouse, or that such spouses not be placed in the same department or facility, the director of personnel or the department head may request a hearing before the Madera County civil service commission to determine whether one of such spouses shall be terminated. The hearing procedures shall be substantially similar, where practical, to the hearing procedures set forth in Civil Service Rule 10-4, which is contained in Section 2.57.130 of this code. The director of personnel or the department head shall have the burden of establishing the following:
1. In cases where one spouse is under the direct supervision of the other spouse, that such placement adversely affects the supervision, safety, security or morale of the department.
2. In cases where both spouses are in the same department or facility, that such placement adversely affects the supervision, security or morale of the department and that their work involves potential conflicts of interest or other hazards greater for married couples than for other persons.
The decision of the civil service commission shall be final and not appealable. If the decision of the commission adversely affects currently employed spouses, absent a voluntary agreement, the spouse to be reassigned or terminated shall be the spouse with the least amount of total continuous full-time county service.
E. An employee terminated or reassigned as the result of this section shall have rights and privileges of an employee who has been involuntarily laid off, except the right to be reinstated to the department from which he or she was terminated or reassigned, unless the relationship which prompted the termination or reassignment no longer exists.
F. For purposes of this section, an “employee” includes elective officers and persons appointed to an elective office to fill an unexpired term. (Ord. 365Z-3 § 1, 1990: Ord. 365-Z, 1985: Ord. 365 § 4.2, 1972).

2.60.120 Medical examinations.

All prospective employees shall be required to submit to a preemployment physical 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 preexisting disabling conditions, and that he is physically able to perform the duties of a particular position. The medical examination will be conducted by a physician selected by the county without charge to the prospective employee. (Ord. 365 § 4.3, 1972).

2.60.130 Probation period.

All employees in the classified service shall serve a probation period as provided in Civil Service Rule 6-22 of Chapter 2.57. (Ord. 365 § 4.4, 1972).

IV. REGULATION OF EMPLOYEES

2.60.140 Application of standards.

County employees covered by provisions of the California State Personnel Board Local Agency Personnel Standards shall be subject to all requirements of this chapter, that are not in conflict with provisions of local agency personnel standards. (Ord. 365 § 5.1, 1972).

2.60.150 Full-time duties.

Each county officer and employee shall, during his hours of duty as a county officer or employee and subject to other laws, rules, and regulations as pertain thereto, devote his full time, attention and efforts to his county office or employment. The following special requirements apply:
A. In case of an emergency, officers and employees are expected to assist as directed by the county with providing public services related to their position which may be at times, places and days that they do not regularly work. It is a condition of employment for officers and employees to keep the employer informed of their current telephone number and address. This information will only be used for legitimate county business purposes.
B. The district attorney and county counsel and their deputies and investigators shall devote their entire time as provided by this chapter to the work of the county and the state and are prohibited from engaging in private work or practice of law, but shall be allowed to conclude any private work or legal matters of record prior to date of employment, provided that the county counsel may engage in the private practice of law in the representation of other public agencies with permission of the board of supervisors.
C. No appointive department head, licensed physician, engineer, or attorney shall engage in the private practice of his profession. (Ord. 365Z-10/266I § 2, 1994: Ord. 365 § 5.1, 1972).

2.60.160 Policy on outside employment.

Employees may be allowed to work for another employer, engage in other activities for pay, and/or operate or have interests in enterprises and activities outside of their employment with the county subject to the following conditions:
A. All employment or self-employment for compensation outside of county work shall be authorized by the employee’s appointing authority who shall ascertain the nature of employment, days and hours of work involved, and duration of employment;
B. No outside employment shall be authorized which involves private gain or advantage from use of county time, facilities, equipment, or supplies, or the badge, uniform, prestige or influence of the employee’s county office or profession or of special knowledge or information available to the employee because of his county employment or profession;
C. No outside employment shall be authorized which involves receipt or acceptance by the officer or employee of any money or other consideration from anyone other than the county for the performance of an act or service which the officer or employee might be required or expected to perform in the regular course of his county employment;
D. No outside employment shall be authorized which involves the performance of an act or service which act or service may later be subject directly or indirectly to the control, inspection, review, audit, or enforcement by such officer or employee or by the department in which he is employed. (Ord. 365 § 5.2, 1972).

2.60.163 Restrictions on political activities.

Each county officer and employee is subject to the restrictions on political activities of county officers and employees contained in state law, and where applicable, federal law. Each county officer and employee also is subject to the following additional restrictions:
A. County officers and employees may not engage in any kind of political activity during the officers’ or employees’ working hours;
B. County officers and employees may not engage in any political activities while on the premises of the county or any of its departments or divisions, with the exception of Government Center and library meeting rooms when made available for the purpose of such activities;
C. County officers and employees may not at any time make use of county vehicles, county office supplies, county copying facilities, the county’s internal mail system, county paid postage, county telephones, county stationery, county office equipment or any other county property or on-duty county staff for any political activity;
D. Any classified employee violating any of the restrictions contained in or referred to in this section shall be subject to disciplinary action in accordance with Civil Service Rule 10. Any unclassified employee or officer violating any such restrictions shall be subject to disciplinary action, up to and including dismissal, as the appointing authority determines appropriate. In addition, violation of these rules shall be a misdemeanor and subject to the penalty provisions of Section 1.12.010. (Ord. 266-H § 3, 1994).

V. SALARY PLAN

2.60.165 Compensation established by board of supervisors’ resolution.

Except as otherwise provided by state law, the compensation of officers and employees of the county shall be established by resolution of the board of supervisors. (Ord. 365Y § 1, 1983).

2.60.170 New appointment.

New employees shall be appointed at the first step of the salary range for the classification to which appointed, except as provided elsewhere in this chapter. Upon substantial written justification of an appointing authority, the county administrative officer or the board of supervisors may authorize appointment up to the “C” step of the salary range. Upon substantial written justification of an appointing authority and upon recommendation of the county administrative officer, the board of supervisors may authorize appointment above the “C” step of the salary range. (Ord. 365-Z-14 § 1, 2005: Ord. 365-Z-13 § 2, 2001: Ord. § 6, 1972).

2.60.180 Reemployment.

A county employee who separates after at least twelve months’ satisfactory full-time continuous service in a permanent position in the classified service and is being reemployed in accordance with civil service rules in a position of the same class in the same department within twelve months following such separation, may, at the request of the appointing authority and upon recommendation of the county administrative officer, the board of supervisors may authorize appointment above the “C” step of the salary range. (Ord. 365-Z-14 § 1, 2005: Ord. 365-Z-13 § 2, 2001: Ord. § 6, 1972).

2.60.190 Increase authority.

Notwithstanding anything in this chapter to the contrary, the board may, upon written recommendation of a department head showing exceptional ability and qualifications of an employee, specify that such employee be paid at a higher salary step within the range for his class of position. Upon receiving such salary increase, the employee shall have a new salary anniversary date. (Ord. 365 § 6.2, 1972).

2.60.200 Anniversary date.

A. 1. Employees appointed to permanent positions shall be assigned salary anniversary dates indicated as follows:
a. Employees appointed at the “A” step of the salary range:
Six months from the first day of the first full month of service at the “A” step;
b. Employees appointed at the “B”, “C”, “D”, and “E” steps of the salary range:
One year from the first day of the first full month of service at such step.
2. Salary anniversary dates shall be changed as follows:
a. Absence without pay for eleven or more working days in any month shall cause the salary anniversary date to be postponed one month;
b. When a scheduled salary step increase is not ordered by an appointing authority, the employee’s anniversary date shall be postponed until the increase is ordered;
c. When granted an in-range increase pursuant to Section 2.60.190;
d. Upon appointment to a position of a higher salary range than that previously held, due to a promotion or position reclassification.
B. In addition to the benefits provided by subsection A of this section, those employees within the clerical, service, and management and confidential representation units, as provided in Chapter 2.63, who are absent without pay for eleven or more working days in any month, shall have their salary anniversary date postponed one month. This provision shall not apply to the first six months of an approved leave of absence due to a work-related disability. (Ord. 365-C § 5, 1973; Ord. 365 § 6.3, 6.31, 1972).

2.60.210 Salary step policy.

Except as may be provided elsewhere and in accordance with other provisions of this chapter, it is the policy of the board that salary step increases within the range from step “A” to step “E” shall not be automatic but that all increases shall be made on the basis of merit as established by the employee’s work performance and after recommendation of the department head as provided elsewhere in this chapter.
Increase in pay shall be withheld in cases of incompetence, inefficiency, inferior work, lack of application, insubordination, dishonesty, intemperance, immorality, profanity, discourteous treatment of the public or other employees, wilful disobedience, or any other act or acts incompatible with or inimical to the public service. Failure of the department head to base his recommendations for a merit step increase on work performance or failure to discipline employees for actions not becoming a public employee shall form the basis for review by the board of supervisors. (Ord. 365-V § 1, 1981: Ord. 365 § 6.4, 1972).

2.60.220 Longevity step policy.

Every officer and employee, except extra help employees, employees in the unclassified service paid at a flat daily or hourly rate, those in the elective service, and boards and commissions, shall, in addition to his or her regular salary, receive the following:
A. Effective the month following completion of ten years continuous, full-time, satisfactory service with the county, exclusive of approved leave without pay, longevity pay equivalent to the difference between his or her regular salary or salary step and the same salary or salary step one full salary range higher;
B. Effective the month following completion of fifteen years continuous, full-time, satisfactory service with the county, exclusive of approved leave without pay, additional longevity pay equivalent to the difference between his or her regular salary or salary step and the same salary or salary step one-half salary range higher;
C. Effective the month following completion of twenty years continuous, full-time, satisfactory service with the county, exclusive of approved leave without pay, additional longevity pay equivalent to the difference between his or her regular salary or salary step and the same salary or salary step one-half salary range higher. (Ord. 365Z-8 § 1, 1992: Ord. 365-M § 1, 1977: Ord. 365 § 6.5, 1972).

2.60.230 Salary step increase procedure.

Thirty days prior to the salary anniversary date of each employee serving at salary steps “A,” “B,” “C” and “D,” the director of personnel shall notify the appointing authority of such anniversary date. The appointing authority, before the anniversary date, shall make a written order concerning the step advancement. The director of personnel shall notify the auditor immediately in writing of increases which have been ordered and such notification shall constitute authorization for payment at the next higher step. During the month prior to the salary anniversary date or service date of employees who have met the requirements for advancement to the “EL” step, the director of personnel shall prepare and transmit notification in writing to the appointing authority and the auditor. Such notification shall constitute authorization for payment at the “EL” step.
Should authorization for a step increase be overlooked through an error and an increase is ordered, the auditor, on the next month’s payroll, shall make payment of the additional amount dating from the date of actual eligibility. (Ord. 365 § 6.6, 1972).

2.60.240 Postponement of increase.

If advancement to the next higher step in the range is not recommended, the employee’s anniversary date shall be postponed until advancement is recommended at which time a new anniversary date shall be established, provided the employee shall be have the right to seek adjustment as provided in civil service Rule 12 of Code Chapter 2.57. Written notification must be submitted to the director of personnel in regards to the postponement of salary anniversary date increases. The appointing authority shall be required to reevaluate the employee’s performance within a three-month period of time. (Ord. 365 § 6.7, 1972).

VI. SALARY UPON CHANGE OF STATUS

2.60.250 Appointment to a position in a class with a higher rate of pay.

Employees appointed to a position of higher salary range than previously held as a result of promotion or position reclassification shall be paid at the step providing the nearest higher salary in the new range as of the effective date of appointment and a new anniversary date shall be established. When application of this section will result in a gross salary increase of less than five percent the county administrative officer may authorize advancement to the next higher step, not to exceed the E step of the salary range. (Ord. 365-Z-13 § 3, 2001: Ord. 365 § 7, 1972).

2.60.260 Appointment to a position in a class with the same or lower rate of pay.

Employees appointed to a position of the same salary range or to a position of lower range than previously occupied as a result of a transfer, downward classification, or voluntary demotion, shall be paid at the step providing the same monthly salary as before except that the salary shall not be higher than the “E” step in the new range. The anniversary date shall remain unchanged. (Ord. 365 § 7.1, 1972).

2.60.261 Special salary rate.

Whenever an employee, as a result of the adoption of a general classification plan by the board of supervisors, or by a classification action of the civil service commission, is entitled to receive a salary which is no more than two full salary ranges in excess of the “E” step of the range assigned to his classification, such salary shall be designated by the assigned range number and the letter “Z.”
Any salary which will exceed the designated range of the new classification by more than two salary ranges will be submitted to the board of supervisors for the appropriate “Z” step salary.
Whenever the salary range for such classification is raised so that the “E” step of the new range is equal to or greater than the assigned “Z” rate, the employee shall be placed at the “E” step within that range. Employees who have fulfilled the requirements for “EL” step shall be placed at “EL” step whenever such step in the new range is equal to or greater than the assigned “Z” rate. (Ord. 365-O § 1, 1978).

2.60.270 Disciplinary action.

An employee who is demoted as the result of disciplinary action is reduced in step in the range or is demoted to a position in a class having a lower range of pay, shall be paid at the step providing the next lower monthly salary in the new range, except that the salary shall not be higher than the “E” step in the new range, and a new anniversary date shall be established. (Ord. 365 § 7.2, 1972).

2.60.280 Range change.

When the salary range for a class is changed by the board, employees serving in such a class shall receive the salary step in the new range having the same letter designation as the step they were receiving in the old range. Their anniversary date shall remain the same. (Ord. 365 § 7.3, 1972).

2.60.290 When status changes on anniversary date.

When an employee is promoted, transferred, voluntarily demoted, or appointed to a new class on his salary anniversary date and a salary step increase has been ordered to become effective on that date, he shall first receive the ordered salary increase and then shall receive any other adjustment as provided in Sections 2.60.250 through 2.60.310. (Ord. 365 § 7.4, 1972).

2.60.300 General allocation or reallocation of positions.

Whenever the board adopts a new general classification plan after a study of all county positions, the board shall, by resolution, specify rules for the determination of the salary rate for each employee under such plan, other provisions of this chapter to the contrary notwithstanding. (Ord. 365 § 7.5, 1972).

2.60.310 Payment for supplementary services by employees.

Notwithstanding, anything in this chapter to the contrary, when in the judgment of the board of supervisors, it becomes necessary or desirable to utilize the services of county employees in capacities other than those for which they are regularly employed, the board of supervisors may, by minute order, so authorize and fix an additional rate for compensation for such employees. (Ord. 365 § 7.6, 1972).

VII. WORK WEEK--HOURS--OVERTIME

2.60.320 Office hours.

All county offices shall be kept open for the transaction of business between the hours of eight a.m. and five p.m. each Monday, Tuesday, Wednesday, Thursday, and Friday, holidays excepted; provided, however, the board shall prescribe such other office hours as it shall determine for such offices and institutions as it deems necessary. (Ord. 365 § 8, 1972).

2.60.330 Work week and working hours.

A. Except as provided in Sections 2.60.350, 2.60.360, 2.60.361, 2.60.370, 2.60.371, Chapter 2.78 and subparagraphs B, C and D below, a work day shall consist of eight hours, exclusive of meal time, and a work week shall consist of five work days. Each department head shall endeavor to arrange the work of his department so that each employee therein shall work not more than five days in each seven-day period; provided, however, that a department head may require an employee to work in excess of five days per week, including holidays, when public necessity or convenience so requires.
B. For employees within the professional and technical representation units, a work day shall consist of eight hours, exclusive of meal time, and a work week shall consist of five consecutive work days. Each work week shall be separated by two consecutive days off.
C. For employees within the peace officers’ representation unit, a work day shall consist of eight hours, exclusive of meal time, and work week shall consist of five consecutive work days. Each work week shall be separated by two consecutive days off. Employees assigned to patrol or to the jail shall remain on duty during meal time and their work day shall consist of eight hours, including meal time.
D. For employees within the service representation unit, a work day shall consist of eight hours, exclusive of meal time, and a work week shall consist of five consecutive work days. Each work week shall be separated by two consecutive days off. Unless previously agreed to in writing by the employee affected, no employee shall be scheduled to work a shift in which the regular starting and stopping times deviate more than two hours during the same work week. (Ord. 365-V § 2, 1981: Ord. 365-F § 2, 1974; Ord. 365-D § 1(part), 1974; Ord. 365 § 9, 9.01, 9.02, 1972).

2.60.340 Department heads.

Appointive department heads shall be responsible for the operation of their departments at all times. Department heads shall not be entitled to pay for time worked in excess of forty hours per week. (Ord. 365 § 9.1, 1972).

2.60.350 Overtime policy--Classified service.

Overtime work for county employees holding permanent positions in the classified service shall be held to the minimum consistent with efficient operation in the providing of services to the public. (Ord. 365-J § 1, 1976: Ord. 365-G § l(part), 1975: Ord. 365-F § 3, 1974: Ord. 365-D § l(part), 1974: Ord. 365 § 9.2, 1972).

2.60.360 Overtime--Clerical and service representation units.

A. For employees within the clerical and service representation units, if, in the judgment of the department head, work beyond the normal workday is required, the department head may order overtime work. No employee shall perform any overtime work unless specifically authorized, in writing, by the department head.
B. Employees required to work overtime shall be compensated by allowing the employee compensatory time off. Should an employee accumulate compensatory time in excess of forty hours, overtime shall then be compensated in cash for all additional overtime work. All compensatory time accrued shall be used at the option of the employee.
C. All cash payment for overtime worked will be made on the regular salary check in the next succeeding pay period in which it was earned.
D. Any employee within the service representation unit who is called back to work when off duty shall receive a minimum of two hours compensation for each such call back. (Ord. 365-Z-l § 1, 1986: Ord. 365-V § 3, 1981; Ord. 365-U § 1, 1981: Ord. 365-J § 2, 1976: Ord. 365-G § l(part), 1975: Ord. 365-F § 4, 1974: Ord. 365-D § l(part), 1974: Ord. 365-C § 7, 1973; Ord. 365-A § 1, 1972; Ord. 365 § 9.21, 1972).

2.60.361 Overtime--Management leave.

All assistant administrative officers and administrative assistants in the office of the county administrative officer, all department heads, and all members of the midmanagement representation unit, except senior probation officers receiving standby and callback compensation for juvenile intake duties, shall receive five days annual paid management leave which may be taken, with approval of the department head or the county administrative officer, separate from or in conjunction with other established leave balances. Management leave shall not be accumulated from one year to the next. The management leave provided in this section shall be in lieu of all other overtime provisions. (Ord. 365-Z-l § 2, 1986: Ord. 365-U § 2, 1981).

2.60.370 Overtime--Technical representation unit employees.

Overtime work for employees within the technical representation unit shall be subject to the following:
A. Except in cases of emergency, employees shall not be required to work overtime unless such overtime has been specifically authorized in writing in advance by the administrative officer.
B. Employees required to work overtime shall be compensated by allowing the employee compensatory time. Should an employee accumulate compensatory time in excess of forty hours, overtime shall then be compensated by either cash or compensatory time at the employee’s option. All compensatory time accrued shall be used at the option of the employee.
C. The employee shall have vested interest in all accumulated compensatory time and will be paid in cash for such accumulated compensatory time upon termination of employment for any reason. The hourly rate being received at the time of termination is to be used in the computation of the amount due.
D. Should an employee who has accumulated forty hours compensatory time use all or part of it, compensation for further overtime worked will revert to mandatory compensatory time until the maximum of forty hours is again accumulated.
E. When an employee is required to remain available for callback at any time, the employee shall receive standby compensation. Except in cases of emergency, all standby shall be approved in advance by the administrative officer. When an employee is required to stand by, he shall be compensated for such standby time at the rate of seventy-five cents for each hour of authorized standby.
F. When, due to an emergency, an employee is required to return to work on other than his regularly scheduled workday, the employee shall be entitled to callback compensation. The county shall compensate the employee a minimum of two hours’ overtime compensation irrespective of the actual time worked when an employee is called back to perform an emergency task.
In the event the task exceeds two hours’ duration, the total compensation shall be for the hours actually worked.
G. All cash payments for overtime worked shall be included in the regular salary check in the pay period next succeeding the period in which it was earned. (Ord. 365-T § 2, 1980; Ord. 365-M § 4, 1977: Ord. 365-L § 1, 1977: Ord. 365-K § 1(part), 1976: Ord. 365-I § 1(part), 1975; Ord. 365-G § 1(part), 1975: Ord. 365-F § 5, 1974: Ord. 365-D § l(part), 1974: Ord. 365 § 9.22, 1972).

2.60.371 Overtime--Peace officer representative unit employees.

Overtime work for employees within the peace officer representation unit shall be subject to the following:
A. Except in cases of emergency, employees shall not be required to work or train on overtime unless such over-time has been specifically authorized in writing in advance by the administrative officer.
B. Employees required to work overtime shall be compensated by allowing the employee compensatory time off. Should an employee accumulate compensatory time in excess of forty hours, overtime shall then be compensated in cash for all additional overtime work. All compensatory time accrued shall be used at the option of the employee.
C. All cash payment for overtime worked will be made on the regular salary check in the next succeeding pay period in which it was earned.
D. When an employee is required to remain available for callback at any time, the employee shall receive standby compensation. Except in cases of emergency, all standby shall be approved in advance by the administrative officer. When an employee is required to stand by, he shall be compensated for such standby time at the rate of eighty cents for each hour of authorized standby.
E. When, due to an emergency, an employee is required to return to work on other than his regularly scheduled workday, the employee shall be entitled to callback compensation. The county shall compensate the employee a minimum of two hours overtime compensation irrespective of the actual time worked when an employee is called back to perform an emergency task. In the event the task exceeds two hours’ duration, the total compensation shall be for the hours actually worked. (Ord. 365-z-l § 3, 1986: Ord. 365-V § 4, 1981; Ord. 365-K § l(part), 1976: Ord. 365-G § l(part), 1975).

2.60.372 Overtime--Professional representation unit employees.

Overtime work for employees within the professional representation unit shall be subject to the following:
A. Except in cases of emergency, employees shall not be required to work overtime unless such overtime has been specifically authorized in writing in advance by the administrative officer.
B. Employees required to work overtime shall be compensated by allowing the employee compensatory time off. Should an employee accumulate compensatory time in excess of forty hours, overtime shall then be compensated by either cash or compensatory time at the employee’s option.
C. The employee shall have a vested interest in all accumulated compensatory time and will be paid in cash for such accumulated compensatory time upon termination of employment for any reason. The hourly rate being received at the time of termination is to be used in the computation of the amount due.
D. Should an employee who has accumulated forty hours compensatory time use all or part of it, compensation for further overtime worked will revert to mandatory compensatory time until the maximum of forty hours is again accumulated.
E. When an employee is required to remain available for call back at any time, the employee shall receive standby compensation. Except in cases of emergency, all standby shall be approved in advance by the administrative office. When an employee is required to stand by, he shall be compensated for such standby at the rate of eighty cents for each hour of authorized standby.
F. When, due to an emergency, an employee is required to return to work on other than his regularly scheduled work day, the employee shall be entitled to callback compensation. The county shall compensate the employee a minimum of two hours overtime compensation, irrespective of the actual time worked, when an employee is called back to perform an emergency task. In the event the task exceeds two hours duration, the total compensation shall be for the hours actually worked.
G. All cash payments for overtime worked shall be included in the regular salary check for the pay period next succeeding the period in which it was earned.
H. Attorney classifications covered in this chapter shall be exempt from all overtime provisions. Compensation for all overtime worked shall be made by adding five vacation days to their June 30, 1977, vacation balance. For calculating purposes, each month will represent forty-two percent of a vacation day. (Ord. 365-X § 1, l983 Ord. 365-T § 3, 1980; Ord. 365-L § 2, 1977).

2.60.373 Overtime--Peace officer management unit employees.

Overtime work for employees within the peace officer management unit shall be subject to the following:
A. Except in cases of emergency, employees shall not be required to work overtime unless such overtime has been specifically authorized in writing in advance by the administrative officer.
B. Employees required to work overtime shall be compensated by allowing the employee compensatory time off.
Should an employee accumulate compensatory time in excess of forty hours, overtime shall then be compensated by either cash or compensatory time at the employee’s option.
C. The employee shall have a vested interest in all accumulated compensatory time and will be paid in cash for such accumulated compensatory time upon termination of employment for any reason. The hourly rate being received at the time of termination is to be used in the computation of the amount due.
D. Should an employee who has accumulated forty hours’ compensatory time use all or part of it, compensation for further overtime worked will revert to mandatory compensatory time until the maximum of forty hours is again accumulated.
E. All cash payments for overtime worked shall be included in the regular salary check for the pay period next succeeding the period in which it was earned. (Ord. 365-Q § 3, 1979).

2.60.380 Overtime--Reporting.

It shall be the duty of each department head to keep a record of each instance of authorized overtime work in his department, the reason therefor, the time worked and the duration of each instance when compensatory time off is allowed. Overtime accumulated and compensatory time off shall be reported on the monthly payroll time report. (Ord. 365-Z-l § 4, 1986: Ord. 365 § 9.3, 1972).

2.60.390 Rest periods.

Rest periods may be granted to employees during working hours at the discretion of their appointing authority. When granted, rest periods shall be restricted to not more than one period not to exceed fifteen minutes per four-hour work period. (Ord, 365 § 10, 1972).

VIII. MAINTENANCE AND EXPENSE

2.60.400 Meals.

All employees furnished meals at a county institution shall pay for such meals except in the following instances:
A. Kitchen employees on duty during the meal;
B. Employees on duty at the county jail, juvenile hall, or day care center, who are required to take meals with inmates for purposes of supervision. (Ord. 365 § 11, 1972).

2.60.410 Living quarters.

Employees required to live in county-owned quarters as a condition of employment and for the convenience of the county shall be furnished such quarters which shall not be considered as part of salary. Whenever county-owned quarters are furnished an officer or employee, an amount according to a schedule of charges as established by resolution of the board shall be charged that employee for such quarters and for such utilities as are provided. (Ord. 365 § 11.1, 1972).

2.60.420 Use of private automobile--Reimbursement.

A. Employees in representation unit or units, pursuant to Chapter 2.63, who are required to use their private automobile in the discharge of service to the county shall receive the reimbursement for use of such automobile as prescribed by resolution of the board.
B. Any appointed or elective officer who is required to use his private automobile in the discharge of service to the county shall receive the reimbursement for use of such automobile as prescribed by resolution of the board.
C. Claims for payment shall show each trip during each day, the beginning and ending odometer reading, total miles for each trip, its destination and purpose, and the claim shall be certified by the department head before claim for payment is submitted. However, it is the policy of the county that private automobiles be used only when county-owned automotive equipment is not available and subject to the provisions of Section 2.60.430. (Ord. 365-C § 8, 1973: Ord. 365 § 11,2, 1972).

2.60.430 Travel expenses.

County officers or employees who are required to leave the county, either within or without the state of California, on official business shall be reimbursed for the actual and necessary expenses thereof. All travel outside the state of California shall require authorization of the county administrative officer except for travel involving:
A. Transportation of criminals, persons accused of crimes, wards of courts, persons committed to state institutions;
B. Detection, prosecution, investigation or prevention of crime or delinquency;
C. Transportation of county wards receiving boarding home care.
There shall be no allowance for meals or lodging within the county except upon approval of the board or as otherwise allowed by Madera County Code. This section shall remain in full force and effect for a period of two years from the date of adoption, at which time this section shall revert to the language of this section adopted in 1972, Section 11.3 of Ordinance 365. (Ord. 365-Z-17 § 1, 2007: Ord. 365 § 11.3, 1972).

IX. PERFORMANCE EVALUATION

2.60.440 Required--Form.

All department heads are required to submit an employee performance evaluation form on all employees placed in permanent positions. This form shall be required prior to the completion of probation period, or to an employee’s salary anniversary date.
The department head or immediate supervisor of the employee will prepare the evaluation form, discuss it with the employee and give him a copy, retain one copy, and send a copy to the personnel office. (Ord. 365 § 12, 1972).

X. CERTIFICATION AND PAYMENT

2.60.450 Compensation for portion of month.

Work commencing on the first normal working day of a month and continuing for all working days of that month shall be deemed service for the entire month. Work terminating on the last normal working day of a month and including all prior working days of that month shall be deemed service for the entire month. Work for a portion of a month shall be paid that portion of the appropriate monthly salary equal to the ratio of the days worked to the total normal working days including paid holidays in the month. (Ord. 365 § 13, 1972).

2.60.460 Certification for payment.

No payment of any salary or compensation provided for by this chapter shall be made to any officer or employee by the auditor-controller without certification to him by the appropriate department head as to the services performed or the number of days or hours worked or absent and whether time off was with or without pay. Monthly time reports or other reports of time worked and services performed shall be made at such times and in such form as specified by the auditor-controller. (Ord. 365 § 13.1, 1972).

2.60.470 Pre-audit of monthly payrolls.

No salary or wage shall be paid by the auditor-controller to any person holding a position in the classified services of the county except upon certification by the director of personnel that such person’s appointment, title, rate of pay and entitlement to paid leave as computed from departmental time reports certified by the department head are in accordance with the Chapter 2.57 and this chapter. (Ord. 365 § 13.2, 1972).

2.60.480 Time of payment.

All compensation shall be paid monthly on or before the fifth day of each calendar month for the preceding month’s service or if the fifth day of the month falls on a Saturday, Sunday or holiday, on the first business day thereafter. (Ord. 365 § 13.3, 1972).

2.60.490 Pay upon termination.

When an employee’s service is terminated by resignation, discharge, layoff or other reason, compensation for time worked shall be paid him at the end of the then current pay period. Total vacation accrued as of the end of his last full month of service and not taken prior to the last day of work shall be paid for at the equivalent daily rate for his salary. The last day of work shall terminate services with the county for all benefits, compensation and insurance. No accrued overtime shall be paid at time of termination. (Ord. 365 § 13.4, 1972).

XI. LEAVE PRIVILEGES AND BENEFITS

2.60.500 Application.

The provisions of this article apply to all officers and employees, except extra help employees, employees in the unclassified service paid at a flat daily or hourly rate, and those in the elective service, unless otherwise specifically provided in this chapter. (Ord. 365Z-8 § 2, 1992: Ord. 365 § 14, 1972).

2.60.510 Sick leave--Days allowed.

Beginning with the time of employment each employee assigned to a permanent position shall be allowed one working day credit for each month of continuous full-time service and shall not be limited in the number of sick leave days to be accumulated, except that such leave may not be used until completion of six months of continuous full-time service. Sick leave credit shall not be earned by any employee for any month in which the employee is absent without pay for a total of eleven working days or more. (Ord. 365-S § 1, 1980: Ord. 365-P § 1, 1979: Ord. 365-G § 1(part), 1975: Ord. 365-D § 1(part), 1974: Ord. 365 § 14.1, 1972).

2.60.511 Sick leave--Clerical, technical and professional representation unit employees.

Subject to all other requirements, employees within the clerical, technical and professional representation units shall be allowed to use any accrued sick leave during their probationary period. (Ord. 365-X § 2, 1983: Ord. 365-G § 1(part), 1972).

2.60.512 Sick leave balance--Professional representation unit.

Effective March, 1983, all new employees and employees with a sick leave balance of seventy-five days or less will be limited to a maximum sick leave accrual of seventy-five days. Employees with a sick leave balance above seventy-five days as of March, 1983, will not accrue any further sick leave until at which time their sick leave balance is reduced below seventy-five days. In no event shall future sick leave accrual result in a balance in excess of seventy-five days. (Ord. 365-X § 3, 1983: Ord. 365-F § 1(part), 1975).

2.60.513 Sick leave balance--Clerical, service and management and confidential representation units.

In addition to the benefits provided by Section 2.60.570, those employees within the clerical service, and management and confidential representation units, as provided in this chapter, who are permanent employees and who are absent due to a work-related disability and have elected to apply sick leave to that absence shall be charged one-half day of sick leave until the sick leave balance has been exhausted. (Ord. 365-X § 4, 1983).

2.60.520 Sick leave--Pay.

A. 1. Except as hereinafter provided, sick leave pay shall be granted only by the appointing authority and only in case of:
a. Employee absence required by his bona fide illness or injury causing inability to work;
b. Exposure to contagious disease requiring quarantine;
c. To obtain consultation or treatment by a medical, dental or optometric practitioner.
2. The appointing authority or personnel director may in any case require evidence in the form of a physician’s certificate of the necessity of an employee’s absence on sick leave, and shall require such certification on all absences for consultation or treatment.
3. No county employee shall be entitled to sick leave while absent from duty on account of any of the following causes, except as provided herein:
a. Disability arising form any sickness or injury purposely self-inflicted or caused by his wilful misconduct;
b. Sickness or disability sustained while on leave of absence other than his or her regular vacation;
c. Pregnancy or illness accompanying pregnancy, but a normal condition thereof.
4. Termination of service or discharge shall abrogate all leave accrued to the time of separation regardless of whether or not such person reenters county service, except as provided in Section 2.60.540.
B. In addition to the benefits provided by subsection A of this section, those employees within the professional, technical, clerical, service, and management and confidential representation units, as provided in Chapter 2.63, shall have sick leave privileges granted due to pregnancy or illness accompanying pregnancy. (Ord. 365-I § 1(part), 1975; Ord. 365-G § 1(part), 1975: Ord. 365-C § 3, 1973; Ord. 365 §§ 14.2, 14.21, 1972).

2.60.530 Special leave with pay.

A. When authorized by the appointing authority or, in the case of an appointed department head, the administrative officer, special leave with pay may be granted in any one calendar year, to be charged to sick leave as follows:
1. In the event of an illness of a member of the employee’s immediate household, such as to require his or her care, a period not to exceed eighty hours;
2. In the event of a death of a member of the employee’s immediate family, a period not to exceed fifty-six hours.
B. Immediate family is defined as spouse, children, step-children, parents, guardians, grandparents, great-grandparents, grandchildren, brothers, sisters and in-laws. (Ord. 3652-8 § 3, 1992: Ord. 365-V § 5, 1981; Ord. 365-Q § 1, 1979; Ord. 365 § 14.3, 1972).

2.60.540 Sick leave at separation from service.

A. Except as otherwise provided in a memorandum of understanding with a recognized employee bargaining unit, employees shall be paid in accordance with this section for accrued unused sick leave upon separation from service with the county.
B. For purposes of calculation, upon separation from service with the county the first seventy-five days of accrued and unused sick leave shall be compensated at a rate not to exceed fifty percent of the current hourly rate of salary as shown in Column A of Table 2.60.540. For additional sick leave days accrued above seventy-five days but not exceeding one hundred fifty days, sick leave compensation shall be paid at the rate shown in Column B of Table 2.60.540. For sick leave days accrued in excess of one hundred fifty days, compensation shall be paid at the rate shown in Column C of Table 2.60.540.
C. For purposes of computing compensation of accrued unused sick leave at separation for employees currently in permanently allocated positions as of October 1, 1983:
1. An employee with accrued unused sick leave in excess of seventy-five days with less than twenty years of service with the county shall be entitled to use accrued days up to the October 1, 1983 sick leave balance amount and Column A of Table 2.60.540. Total additional sick leave accrual which is in excess of the October 1, 1983 sick leave balance shall be computed in accordance with Columns B and C of Table 2.60.540;
2. An employee with more than twenty years’ service with the county shall be entitled to the percentage of sick leave compensation in effect prior to October 1, 1983 on accrued sick leave up to the number of days that existed as of October 1, 1983. Total sick leave above the October 1, 1983 sick leave balance will be computed in accordance with Columns A, B and C of Table 2.60.540. Additional years of service after October 1, 1983 shall not be used for the calculation of unused sick leave upon separation from service with the county.

Table 2.60.540

Percentage of Current Hourly Rate

Years of Service	Column A 0 to 75 Days	Column B 76 to 150 Days	Column C Over 150 Days
5	10	5	2.0
6	12	6	2.4
7	14	7	2.8
8	16	8	3.2
9	18	9	3.8
10	20	10	4.0
11	23	11.5	4.6
12	26	13	5.2
13	29	14.5	5.8
14	32	16	6.4
15	35	17.5	7.0
16	38	19	7.6
17	41	20.5	8.2
18	44	22	8.8
19	47	23.5	9.4
20 and above	50	25	10

(Ord. 365Z-7 § 1, 1992: Ord. 365-G § 1(part), 1975: Ord. 365-F § 7, 1972; Ord. 365-C § 1, 1973; Ord. 365 §§ 14.4, 14.41, 1972).

2.60.550 Reporting of sick leave and special leave.

Sick leave and special leave shall be reported to the personnel office by the department head on such forms as may be specified by the director of personnel. No pay for sick leave or special leave shall be allowed without completion of the report of such leave. If the report of sick leave or special leave is not received at or before the time of certification of the monthly payroll report, the time away from work shall be charged against the employee’s accrued vacation credit or credit for compensatory time, or if such credit is not sufficient to cover the time off, that portion not so covered shall be deemed to be absence without pay for that pay period. (Ord. 365 § 14.5, 1972).

2.60.560 Reporting of absence.

Whenever any employee is unable to report for work at the time and place assigned because of illness, disability or any other reason, he shall notify his immediate supervisor or some other responsible person in his department as soon as possible so that arrangements may be made to carry on necessary functions. Failure to promptly report absences shall be cause for disapproval of requested leave and may be deemed absence without proper leave. (Ord. 365 § 14.6, 1972).

2.60.570 Workers’ compensation.

An employee who is qualified to receive workers’ compensation temporary disability benefits may elect to receive said benefits alone by applying for a leave without pay, or elect to integrate leave benefits (sick leave, vacation, overtime compensatory time-off or holiday compensation) and be charged either three hours per day based upon a gross monthly salary below two thousand dollars per month, or four hours per day based upon a gross monthly salary of two thousand dollars a month or more, for each day of disability payment, until leave balances are exhausted. (Ord. 365Z-8 § 4, 1992: Ord. 365-I § 1(part), 1975; Ord. 365-G § 1, 1975: Ord. 365-C § 4, 1973; Ord. 365 §§ 14.7, 14.71, 1972).

2.60.580 Vacation leave.

A. 1. Employees appointed to a permanent position on or after October 1, 1972, shall be granted ten working days’ credit for vacation following the completion of twelve calendar months of continuous full-time service. Employees appointed prior to October 1, 1972, shall be granted twelve working days’ credit for vacation following the completion of twelve calendar months of continuous full-time service.
a. For the next eighteen months of employment, the employee will accumulate one working day credit for each month of continuous full-time service;
b. For the next three years of employment, the employee will accumulate one and one-quarter working days credit for each month of continuous full-time service;
c. For the next four and on-half years of employment, the employee will accumulate one and one-half working days credit for each month of continuous full-time service;
d. Effective October 1, 1972, an employee with ten years or more of continuous full-time service will accumulate one and three-quarters working days’ credit for each month of continuous full-time service.
2. In no event shall vacation credit in excess of forty-five working days be allowed any employee.
3. When an employee is absent without pay for a total of eleven or more working days in any one month, vacation credit for that month shall not be allowed. No vacation time shall be allowed in excess of that actually accrued at the time vacation is commenced or at the time of separation from the county service.
B. If through no fault of an employee the county denies the employee the opportunity to use his accrued vacation time, further accrual will be paid in cash until sick time as accrued vacation time is reduced below the forty-five-day maximum. (Ord. 365Z-8 § 5, 1992; Ord. 365-I § 1(part), 1975; Ord. 365-D § 1(part), 1974; Ord. 365-B § 1, 1973: Ord. 365 §§ 14.8, 14.81, 1972).

2.60.590 Time of vacation.

Vacation leave shall be taken at such time or times as may be approved and ordered by the department head or the administrative officer in the case of appointed department heads. No vacation leave shall be taken until one year from the employee’s service date. Approved requests for vacation leave must be submitted in writing to the director of personnel in advance of such leave for approval of eligibility. (Ord. 365 § 14.9, 1972).

2.60.600 Reporting of vacation.

Vacation leave shall be reported on such forms as may be specified by the director of personnel. (Ord. 365 § 14.10, 1972).

2.60.610 Work during vacation.

No employee shall be permitted to work for compensation for the county in any capacity during the time of his paid vacation leave. (Ord. 365 § 14.11, 1972).

2.60.611 Work during vacation--Peace officers.

For those employees within the peace officers representation unit, in the event an employee is on a scheduled vacation and is required by competent authority to return to work for a period of not more than sixteen hours, he shall continue to receive vacation compensation charged against accrued vacation balance, and in addition shall be paid for each hour of required attendance.
In the event the period of required attendance is anticipated to be in excess of sixteen hours, the employee’s vacation shall be terminated and he shall be considered on duty and no further reduction in the accrued vacation balance shall be made. (Ord. 365-G § 1(part), 1975).

2.60.620 Authorization of leave without pay.

Permanent and probationary employees may be granted leaves without pay at their written request subject to Civil Service Rule 8 in Chapter 2.57 of this code. (Ord. 365 § 14.12, 1972).

2.60.630 Benefits during leave without pay.

No leave of absence without pay shall be granted for illness or disability, except disability caused by work injury as outlined in Section 2.60.570 until the employee shall have exhausted his accrued credit for sick leave, overtime and vacation. For other leaves without pay, sick leave benefits accrued before the commencement of such leave shall be retained by the employee upon his return.
No leave of absence without pay shall be granted, except leaves for disability caused by work injury as outlined in Section 2.60.570 and disciplinary leaves as outlined in Section 2.60.650, until the employee shall have exhausted his accrued credit for vacation leave and overtime, unless approved in advance by the county administrative officer. This section does not eliminate the requirement for the commission to approve leaves of absence that exceed thirty days.
An employee returning from leave without pay shall be paid at the same salary step in the range authorized for his or her classification as when the employee commenced such leave and the employee’s anniversary date shall be adjusted as specified in Section 2.60.200. (Ord. 365Z-10/266I § 3, 1994: Ord. 365 § 14.13, 1972).

2.60.640 Reporting of leave without pay.

Approved requests for leaves without pay shall be reported by the department head to the personnel office as far in advance as possible. If in cases of illness or emergency, it is not possible to report an employee’s leave in advance, a telephone report should be made immediately upon granting of such leave and the approved request form submitted as soon as possible. All leaves without pay and requests therefor shall be reported on forms specified by the director of personnel. (Ord. 365 § 14.14, 1972).

2.60.650 Disciplinary leave without pay.

When an employee is suspended for disciplinary reasons in accordance with the provisions of this chapter and Chapter 2.57, such suspension shall be a leave without pay. The appointing authority, in addition to reporting the suspension as provided by Chapter 2.57, shall immediately submit a leave form to the director of personnel who shall notify the county auditor-controller. An employee who is given disciplinary leave without pay shall not use vacation credit, sick leave, or compensatory time credit during the duration of such leave without pay. (Ord. 365 § 14.15, 1972).

2.60.660 Military leave.

A. Military leaves of absence shall be regulated by the California Military and Veterans Code. Requests for such leave shall be submitted in advance to the personnel department and shall be accompanied by a copy of the military orders ordering the employee to duty.
B. Notwithstanding any other provisions of this code to the contrary, an officer or employee of the county who is ordered into active military duty as a member of a reserve component of the Armed Forces of the United States or into active federal military duty as a member of the National Guard or Navy militia in a time of war (as that term is defined in the California Military and Veterans Code), or national emergency as proclaimed by the President or the Congress of the United States, shall be entitled to receive, at the earliest practicable time, payment or compensation for services rendered and such additional compensation as he or she may be entitled to from the county under the California Military and Veterans Code. Thereafter, the employee may, but need not, use any accrued credit for vacation leave and compensatory time off before going on unpaid leave status. As an alternative to using such accrued credit, such officer or employee shall have the option at such time to receive a pay-off of any unused vacation, sick leave, and compensatory time off to which such officer or employee would otherwise be entitled if he or she were terminating county employment at that time. The county auditor-controller and the director of personnel are authorized to take such actions as may be necessary to carry out the intent of this section. (Ord. 365-Z-12 § 1, 2001: Ord. 365Z-5 § 1, 1991: Ord. 365Z-4 § 1, 1991: Ord. 365 § 14.16, 1972).

XII. HOLIDAYS--COURT DAYS

2.60.670 Holidays designated.

The following days shall be paid holidays for all officers and employees, except extra-help employees and employees in the unclassified service paid at a flat daily or hourly rate:

New Year’s Day	January 1st
Martin Luther King, Jr. Day	The third Monday in January
Washington’s Birthday	The third Monday in February
Memorial Day	The last Monday in May
Independence Day	July 4th
Labor Day	The first Monday in September
Veterans Day	November 11
Thanksgiving Day	The fourth Thursday in November
Christmas Day	December 25th

Two floating holidays, effective beginning in calendar year 1992;
A four-hour winter holiday, to be taken either Christmas Eve or New Year’s Eve.
Floating holidays may be requested for any day of the year subject to Madera County Code Section 2.60.590.
In addition, any day specified as a holiday (not to be confused with “days of thanksgiving, prayer, fasting” or otherwise) by executive order of the governor or President shall be a paid holiday.
Whenever a holiday falls on a Sunday, the following Monday shall be recognized in lieu thereof. Any officer or employee whose regularly scheduled day off falls on a holiday or who is otherwise required to work on a holiday shall be entitled to a day off with pay to be taken in accordance with the provisions of Madera County Code Section 2.60.590.
In each year in which a recognized holiday occurs on a Saturday, the Friday after Thanksgiving shall be substituted for the first such occurring Saturday holiday of each year, offices and employees shall be entitled to one additional day of vacation in lieu of said holiday, subject to the provisions of Section 2.60.590. In years with no recognized holidays that occur on a Saturday, the Friday after Thanksgiving shall not be observed as a paid holiday. (Ord. 365-Z-6 § 1, 1992: Ord. 365-W § 1, 1981: Ord. 365-T § 1, 1980: Ord. 365-S § 3, 1980: Ord. 365-G § 1, 1975: Ord. 365 § 15, 1972).

2.60.671 Additional authorized days off.

A. In addition to the holidays provided for in Section 2.60.670, those employees in the clerical, service, and management and confidential representation units shall be compensated with an additional day off, either December 26, 1975, or January 2, 1976, with prior arrangement with their supervisors. These days off shall be scheduled to maintain open offices during these days.
B. In addition to the holidays provided for in Section 2.60.670, those employees in the professional and technical representation units shall be compensated with an additional day off, either November 28, 1975, or December 26, 1975, or January 2, 1976, with prior arrangement with their supervisors. These days off shall be scheduled to maintain open offices during these days. (Ord. 365-I § l(part), 1975).

2.60.680 Compensation for holidays.

A. To be eligible for pay for holidays, the employee shall work or be on approved leave with pay on his last regular working day immediately preceding the holiday and/or his regular working day immediately following the holiday.
B. In addition to the holidays provided for in Section 2.60.670, those employees in the clerical, service, and management and confidential, professional, and technical representation units, as provided in Chapter 2.63, shall be entitled to one additional day of vacation whenever an authorized holiday falls on a Saturday, subject to the provisions of Section 2.60.590. (Ord. 365-Q § 2, 1979; Ord. 365-C § 6, 1973; Ord. 365 § 15.02, 1972).

2.60.690 Jury duty.

No deduction shall be made from the salary of an employee while on jury duty provided he has waived or remitted the jury fees, and he shall be paid only the time worked in his position. An employee accepting jury duty shall immediately notify his department head in writing whether or not he waives or remits his jury fees to the county.

In the event an employee is on approved vacation leave and is summoned for jury duty, the jury fees may be retained by the employee. (Ord. 365 § 16, 1972).

2.60.700 Court appearances.

Employees who are summoned to appear in court in connection with their work as county employees shall be given time off with pay for such appearances but shall remit to the county all witness fees received for such appearances. Employees appearing in court other than in their official capacity as county employees may be given time off for such appearances by the department head and such time may be charged against their accrued vacation or compensatory time credit. If there is not sufficient credit, the balance may be authorized as leave without pay. (Ord. 365 § 16.1, 1972).

XIII. INVOLUNTARY LAYOFFS

2.60.710 Benefits during and after layoff.

When an employee is laid off, he shall be paid for all vacation leave credit accrued as of the effective date of such layoff and shall not receive credit for any additional vacation until his reemployment. If within two years from the date of layoff the employee is reinstated or reemployed he shall continue to receive credit for vacation leave at the same rate to which he was entitled at the time of the layoff beginning with the first full calendar month of such reemployment.

No sick leave shall be taken by or credited to an employee during a period he has been laid off except as provided herein.

No salary step increase shall be granted to any employee during any period he has been laid off and his salary anniversary date shall be postponed a number of months equal to the number of months of such layoff. Upon reemployment, an employee who has been laid off within the preceding two years, shall receive pay at the same step in the salary range established for his class as he was receiving at the time of layoff. Disability leave, educational training leave, military leave and leave without pay granted to an employee who is designated to be laid off shall be cancelled as of the effective date of such layoff. (Ord. 365 § 17, 1972).

XIV. RESIGNATIONS

2.60.720 Procedure.

Resignations of department heads shall be in writing and shall be made to the board and filed with the clerk of the board of supervisors. Resignations by other employees shall be in writing and filed with their appointing authority. All resignations shall be reported immediately to the director of personnel on such forms as he may provide. (Ord. 365 § 18, 1972).

XV. COUNTY PROPERTY

2.60.730 Use.

County-owned or leased equipment, automobiles, trucks, instruments, tools, supplies, machines, buildings, grounds, or any other item which is the property of the county shall not be used for any purpose or by any person except in the performance of the public business or governmental purposes. (Ord. 365 § 19, 1972).

2.60.731 County automotive equipment.

All county-owned automotive equipment shall be stored overnight at the county facilities designated by the county administrative officer except as follows:
A. Emergency vehicles assigned to the county fire department/California Division of Forestry and Fire Protection, the animal control officer, and vehicles assigned to the criminal division of the district attorney’s office, may be parked overnight at an employee’s home, provided the employee is on standby duty for immediate callback to work.
B. Heavy road construction and maintenance equipment may be parked overnight at work project locations.
C. Automotive equipment remaining outside of the county overnight in connection with an authorized out-of-county trip.
D. Repair vehicles of the fire department, operated by fire master mechanics, may be parked overnight at the homes of the fire master mechanics.
E. Emergency patrol vehicles assigned to the sheriff’s department may be parked at the homes of sheriff’s personnel in accordance with department general orders.
F. Vehicles assigned to the resource management agency may be parked at the homes of resource management agency/special districts employees who are scheduled to be on-call from three p.m. to seven a.m. for response to emergencies and other contingencies.
Subject to the exceptions which follow, all county automotive equipment shall be identified with a county seal on the driver’s and front passenger’s doors and the legend, “For Official Use Only.” All investigative vehicles assigned to the probation department shall be identified by the county seal on the rear quarter panels. The foregoing shall not apply to the emergency vehicles and investigative vehicles assigned to the sheriff’s department, nor to the investigative vehicles assigned to the criminal division of the district attorney’s office. (Ord. 365-Z-16 §1, 2006: Ord. 365Z-15 §1, 2006: Ord. 365Z-14 §1, 2004: Ord. 365Z-9 §1, 1994: Ord. 365-R §1, 1979: Ord. 365-G §1(part), 1975).

XVI. FEES TO BE PAID TO THE COUNTY

2.60.740 Payment into treasury.

Unless otherwise provided, all county and judicial districts shall pay into the county treasury not later than the tenth day of the month after collection, all fees, commissions, or other moneys, other than salary, collected by the officers and employees by virtue of their office or employment; and all such fees, commissions, and moneys so collected belong to the county. (Ord. 365-H § 1(part), 1975; Ord. 365 § 20, 1972).

XVII. TRAINING AND EDUCATION

2.60.750 Responsibility for training.

Each department head shall be responsible for providing the employees under his direction training to allow them to perform their jobs adequately and efficiently. He shall periodically assess the training needs within his department and develop plans to meet present and future needs. (Ord. 365 § 21, 1972).

2.60.760 Reimbursement for employee training expenses.

Whenever an employee participating in a departmental in-service training program approved by the board incurs as a necessary part of such program, expenses for tuition, books, or supplies, he may be reimbursed for such expenses upon successful completion of the training program as allowed by the board of supervisors. Travel and meal expenses will not be reimbursed unless specifically authorized in advance by the board. (Ord. 365 § 21.1, 1972).

2.60.770 Time off for employee training.

Training programs and courses which are part of a departmental in-service training program approved by the board and which requires attendance during an employee’s regular work shift may be considered as time worked. Courses scheduled for times outside the employee’s regular work hours shall not be considered time worked. (Ord. 365 § 21.2, 1972).

2.60.790 Educational training leave.

Resolution 64-55 shall regulate and control educational training leaves for employees. (Ord. 365 § 23, 1972).

XVIII. CONDUCT

2.60.800 General standards of conduct.

Each officer and employee of the county shall at all times conduct himself in a manner befitting his status as an employee of the public. Each appointing authority shall be responsible for observing the conduct of the employees under his direction, for investigating reports of improper conduct of such employees, and for taking such actions as he may deem necessary to correct the employee, to prevent future improper conduct, and if necessary, to discipline or to remove such employee pursuant to Chapter 2.57. (Ord. 365 § 24, 1972).

2.60.810 Disciplinary action.

Disciplinary actions may include but are not limited to reprimands, reduction in rank or compensation, suspension, dismissal and shall be recorded in writing by the appointing authority. Copies of the order shall be given to the employee involved and to the director of personnel. The employee shall be notified in writing of the civil service rules governing disciplinary action. (Ord. 365 § 24.1, 1972).

XIX. RULES AND PROCEDURES

2.60.820 Establishment--Compliance--Enforcement.

The county administrative officer is authorized to establish such rules and procedures and forms as may be necessary for the administration of the provisions of this chapter and not in conflict with provisions herein or with other ordinances. All officers and employees shall comply with such rules, procedures, and forms. Each appointing authority shall enforce such rules and procedures in his department and shall be responsible for informing the employees under his direction of the provisions of this chapter and of such rules and procedures. Each department head shall maintain true and accurate records of employee attendance, time worked, and absences. (Ord. 365 § 25, 1972).

2.60.830 Roster of employees.

The director of personnel shall maintain rosters of employees and positions which shall include records of the appointment and subsequent changes in classification and/or compensation of each employee in the classified service and shall also include records of sick leave, vacation, overtime, and other leaves taken and/or credited. (Ord. 365 § 25.1, 1972).

2.60.840 Creation of offices.

In case any of the offices or positions herein set forth are not otherwise created by law or have not heretofore been created, such offices and positions are hereby created. (Ord. 365 § 26, 1972).

XX. RISK AND LOSS MANAGEMENT

2.60.850 Risk management policy.

The board shall, by resolution, establish and maintain a risk management policy which shall outline the county’s approach to risks of accidental loss. The policy shall set forth risk management objectives, authority and responsibility for risk management, and guidelines for risk retention and the purchase of insurance. (Ord. 490 (part), 1985).

2.60.860 Loss management program.

The board shall, by resolution, establish and maintain a loss management program which shall outline the county’s approach to loss control and employee safety. All county employees shall comply with the provisions of the loss management program. (Ord. 490 (part), 1985).

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