III. - APPOINTMENTS

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: 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.

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.

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).