2.57.010 - Title.

This chapter shall be known and cited as the "Civil Service Rules for the County of Madera".

(Ord. 266 § 1, 1962).

2.57.020 - Amendment.

Each section of the civil service rules incorporated herein shall be considered as a distinct and separate subdivision and subsection of this section of the ordinance codified herein and may be amended by ordinance separately from time to time without restatement therein of any other section or subsection of the ordinance codified herein.

(Ord. 266 § 2, 1962).

2.57.030 - Booklets.

Rules codified herein may be prepared in booklet form with an appropriate table of contents, indexes and title pages for distribution to public officials, employees and the public.

(Ord. 266 § 3, 1962).

2.57.040 - Rule 1—Definitions.

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:

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).

2.57.050 - Rule 2—Organization and administration.

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:

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:

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.

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).

2.57.060 - Rule 3—Classification.

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.

3-5 SPECIFICATIONS.

3-6 INTERPRETATION OF CLASS SPECIFICATIONS.

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:

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:

3-9 CHANGE IN NUMBER OR ORGANIZATION-TEMPORARY POSITIONS.

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:

3-11 EMPLOYEE STATUS UPON POSITION REALLOCATION.

(Ord, 266 (part), 1962)

2.57.070 - Rule 4—Examination announcements, applicants, and applications.

4-l ANNOUNCEMENT OF EXAMINATIONS.

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:

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).

2.57.080 - Rule 5—Examinations.

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.

5-3 ORAL TESTS.

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.

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.

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.

5-17 REVIEW OF TEST PAPERS.

5-18 PROMOTION EXAMINATIONS.

Promotion by competitive standards would occur in a situation where a position was:

(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).

2.57.090 - Rule 6—Eligible lists, appointments, probation and transfers.

6-1 ELIGIBLE LISTS.

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.

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.

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.

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.

6-12 CERTIFICATION OF ELIGIBLES.

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.

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.

6-19 EMERGENCY APPOINTMENT.

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.

6-23 RELEASE DURING PROBATION.

6-24 PERMANENT STATUS.

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).

2.57.100 - Rule 7—Layoff.

7-1 DETERMINING AREA OF LAYOFF. When it is necessary to reduce staff for lack of work or lack of funds, or in the interest of economy, the appointing authority after consultation with the director and the county administrative officer shall determine the classifications in which the reduction is to be made, and the number of positions to be eliminated and shall notify the commission in writing.

7-2 ORDER OF LAYOFF. Upon receipt of such notice the commission shall designate the persons to be laid off in accordance with the following:

7-3 DEMOTION IN LIEU OF OR AFTER LAYOFF.

7-4 REINSTATEMENT AFTER LAYOFF.

7-5 REINSTATEMENT AFTER TERMINATION. Employees in positions for which the county is partially reimbursed from federal grant-in-aid funds may, within one year following termination of service in good standing, apply for reinstatement to the county service in the class from which they terminated or in a lower related class. Upon approval of such request by the appointing authority involved, the commission may place the employee on the appropriate reinstatement eligible list. Unless otherwise provided by the commission, such employee shall be required to serve a new probationary period.

7-6 VOLUNTARY LAYOFF. The commission may grant to any permanent employee a voluntary layoff for a period not to exceed one year for personal reasons such as illness, return to school, etc. Voluntary layoffs shall not be granted to allow for participation in other employment. Requests must bear the recommendation of the appointing authority. Upon returning from such a layoff the employee shall be listed on the reinstatement eligible list for his classification in order after any employees laid off under provisions of Section 7-2 and after any other employee previously returning from voluntary layoff.

7-7 VOLUNTARY DEMOTION. The commission may allow the voluntary demotion of any employee to a vacant position in a closely related class with a lower salary allocation and for which he possesses the minimum qualifications, or in which he previously had permanent or probationary status. Should there be no vacant position in such class, the employee may be placed on a reinstatement eligible list for such class. Such demotion requires the written request or concurrence of the employee to be demoted.

(Ord. 266 (part), 1962).

2.57.110 - Rule 8—Leaves of absence without pay.

8-1 MILITARY LEAVE. The provisions of the Military Veterans Code of the state shall govern the military leave of employees of the county.

8-2 COMPULSORY LEAVE.

8-3 LEAVE WITHOUT PAY.

8-4 GENERAL PROVISIONS UNDER LEAVES OF ABSENCE WITHOUT PAY.

(Ord. 266(part), 1962).

2.57.120 - Rule 9—Resignation.

9-1 REQUIRED NOTICE. An employee wishing to leave the classified service in good standing shall file with the appointing authority a written resignation on the form provided, giving at least two weeks' notice of his intention to leave the service, unless the appointing authority consents in writing to his leaving sooner. An employee who leaves the classified service without so filing a written resignation and giving two weeks' notice, or obtaining consent in writing, shall have the fact entered on his service record.

9-2 NAMED REMOVED FROM PROMOTIONAL ELIGIBLE LISTS. If a resigning employee's name appears upon a promotional eligible list, it shall be removed, but at his request may be placed upon the open competitive list by the commission for that class if one is in effect.

(Ord. 266(part), 1962).

2.57.130 - Rule 10—Disciplinary action and hearings.

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:

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.

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.

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).

2.57.140 - Rule 11—Evaluation of compensation plan.

11-1 SURVEYS. The commission shall annually conduct or have conducted a survey to determine what changes, if any, need to be made in the existing compensation plan for the county service, and shall make additional surveys throughout the year as it may deem necessary.

(Ord. 266(part), 1962).

2.57.150 - Rule 12—Grievances.

12-1 ADJUSTMENT PROCEDURE. Any employee having any grievance arising out of his employment shall proceed as follows:

(Ord. 266(part), 1962).

2.57.160 - Rule 13—Political activity.

13-1 PROHIBITED ACTIVITIES. Employees in the classified service are subject to the regulations on political activities contained in Section 2.60.163 of this code, the regulations contained in state law, and, where applicable, the restrictions contained in federal law.

13-2 VIOLATION OF RULE. Violations of this rule may be a cause for disciplinary action in accordance with Rule 10 of this code.

(Ord. 266-H § 2, 1994).

2.57.170 - Rule 14—Rules.

14-1 WHEN EFFECTIVE. These rules and any amendments thereto shall be effective upon approval by the board of supervisors and shall have the force and effect of any other county ordinance.

14-2 AMENDMENTS. Amendments may be made by the commission and shall require the approval of the board of supervisors. No amendment shall be made except after a public hearing on the proposed amendment has been held by the commission.

14-3 SEPARABILITY. If any section or provision of these rules should be held invalid by duly constituted judicial authority, no other section or provision of these rules shall be deemed to be affected hereby.

(Ord. 266(part), 1962).