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HomeMy WebLinkAboutORDINANCES - 03061944 - 0325 ORDINANCE NO. 325 AN ORDINANCE OF TBE COUNTY OF CONTRA COSTA CREATING AND ,ESTABLISHING A MERIT SYS'T'EM FOR SAID COUNTY PURSUANT TO TIM PROVISION'S OF TBE COUNTY CIVIL:. SERVICE' ENABLING ACT. THE BOARD OF SUPERVISORS OF 'TBE C rUNTY CSF CONTRA COSTA DC CRDA Icy AS FQLS SECTION 1. Pursuant to the authority granted to it under the provisions of the County Civil Service Enabling Act, Statutes of 1939, Chapter 982, and in order to establish an eq yuitable and uniform procedure for dealing with personnel matters through a Civil Service Commission., and to place County empl4yment on a merit bases for the purpose of obtaining the highest efficiency and assuring that the best qualified. persons available shall be brought into the service of the County, the following merit system is hereby adopted. SECTION 2. There is hereby created a civil service com- mission, the members of which shall be appointed by the Board of Supervisors.- The Commission on so appointed shall consist of five members. each of them shall hold office for a terga of four` Years and until his successor is appointed and qualified, The members shall be selected from among the qualified electors of the County, Vacancies occurring in the Commission shall be filled by appointment by the Board of Supervisors for the re- mainder of the unexpired terga: only. The terms of office of two members of the first Civil Service Cossion shall be one year. The terms of 'office of the other members of the first Conmission shall be two three and four Years, respectively. The members thereof shall deter-mine by lot the relative order of the ex- piration of their terms. No member of the Civil Service Com- mission shall hold any other County employment or office, or be a member of any other County Commission„ nor shall he have been within one year next preceding his appointment, an officer in any political organization. Each Supervisor shall nominate a candidate to be a member of the first Civil Service Commissione three-fifths vote of the entire Beard of Supervisors shall be required to elect a member to the Commission. The Board of Supervisors by a four-fifths vote of all the members may re- move a eleber of the Commission during his term of office, but only, upon stating in writin& the reasons for such removal and: allowing him an opportunity to be heard in his ovn defense. `1'h.e Commission shall .annually elect One of its members President. S " IO 3. Each member of the Commission shall receive a compensation of. Five ($5,00) Dollars for each meeting thereof attended by him., not to exceed four meetings in any calendar month., together with five and one-half cents per mile actually and necessarily travelled in discharge of his official duties. SECTION 4. All regular county employees shall be in- cluded in the merit system hereby adopted except that the fol- lowinc, of'f'icers and employees are exempt from the provisions of this Ordinance a (a') All officers elected by the people. (b) Casual patient and in +.ate employees at County ln- s titu.ti ons (c) Members of the Civil Service Commission and members of all other Commissions of the County. (d) All officers and other persons serving the County without compensation. (e ) ,All investiators detectives, or other persons paid from the special fundis furnished. the District Attorney and. the Sheriff under the provisions of 'Sections 4308 and 4310 of the Political Code of the State of California. (f ) In the office of the District attorney, special counsel and special detectives for temporary employments S C TICS 5 The C oxo i s si on `shall prescribe, amend and en- force rules for the classified service to carry this Ordinance into effect which said: rues shall have the force and effect of the law; shall keep minutes of its proceedings., records of its examinations and shall, as a board., or any designated part there- of,, rake Investigations concerning the enforcement and effect of this Ordinance, and of the rules and efficiency of the service. It shall make an annual report to the Board of Supervisors. The Conwd.ssion shall deterrdne the Larder of business for the conduct of its meetings and shallmeet on the call of the President, or three of its members. Three members shall 'constitute a quorum for the transaction ofbusiness. The mules shall, among other things, provide: (a) For appointments to vacant positions in the classified service in accordance 'with the rules established hereunder and from eligible lists resulting from open competitive examination, ation, or promotional examinations; or by transfer, demotion, reemployment or reinstatement. (b) For the classification of all positions in the classified. service, (c) For open, competitive examinations and promotional examinations to test the relative fitness of applicants for such aosition (d) That where any position to he filled is peculiar and specific to one office, the Coission shall confer with the head of such office, or the party designated by such head, as to qualifications and type of examination to be given for said position, and that the head of such office, or his agent, may be present at any oral examination given for said position* (e) That the mini.mum qualifications or standards prescribed for any class or grade of employment shall not be Less than those which have been or may hereafter be prescribed for such County officers and employees by the Legislature. (f) For public 'advertisement of all examinations. (g) That no person shall be addmitted to an examination or placed on an eligible list for any position who is not a 'citizen of the United States, and unless otherwise ordered by the Conn- mission, a resident of the County of Contra Costa, for at least one year immediately preceding date of filing application. (h) For the .creation of elig- ible lists upon which shall be entered the names of successful applicants in the order of their standing; in ,examination. Such lists shall remain in force not longer than two years, except that while new lists are in the process of creation, such old list may be continued in use, but such additional period: shall not exceed six months. (i) The Civil Service Commission shall give a credit of five percent of the tectal credits earned in such examination: of all persons who have or who shall have served in the United: States ,Army, Navy, Marine Corps., or Coast ward, or in any division thereof in time of war, or in any expedition of the armed forces of the United States and received an honorable discharge r certificate of honorable act of service, proof of which shall be submitted to the Commission. (j ) For the rejection of applications or eligibles who fail to comply with the reasonable requirements of the Commission in regard to residence, sex, physical condition, or who have been guilty of crime or infamous or disgraceful conduct, or who have attempted any deception or :fraud in connection with an examination. (k) That department heads, boards, or officers possessing by virtue of law the power to appoint shall select one of the three available persons standing highest on the appropriate eligible list. -4- d (l) For a period of probation not to exceed six months be- foxe the appointment or promotion is made complete, during which period a probationer may be discharged``or reduced without right` of hearing on the matter, and his n may be removed from the eligible list, except that all persons appointed since December' 71 1941, ,shall remain on probationary status until the cessation of hostilities and foxy' six months thereafter. (m:) An employee rejected during the probationary period from a. position to which he had been promoted shall be reinstated to the position from which he was promoted. Any employee in the classified service promoted or transferred to a po6ition not included in the classified service shall be reinstated to the position from which he was promoted or transferred if within six months after such: promotion or transfer action is taken to dismiss him. However, in either of the cases provided for in this sub- section the employee may be discharged from the position in the classified service from which he was promoted or transferred in the manner provided in this Ordinance and the Rules establi.shed hereunder for discharge from positions in the classified service. (n) Whenever in the judgment of the Board. of Supervisors it becomes necessary in the interest of economy or because the necessity for the position involved no longer exists, the Board of Supervisors may abolish any position or employment in the classified service and lay off the employee holding such permanent position or employment The name of ' o c such permanent employee so laid off shall be placed at the head of the appropriate list or lists. (a) For certificates for eligibles in the following order of priority. Promotional lists, eligible lists. (p) For temporary appointment of persons on suitable eligible lists for 'a period nat to exceed six months. The acceptance or refusal to accept such temporary appointment on the part of the person on the eligible list shall not be a bar to appointment to a permanent position from said eligible list. (q) That in cases of emergency temporary authorization may be made without examination with the consent of the Commission, after the eligible list has been exhausted and pending examination, but no such temporary authorization shall continue longer than ninety days, nor shall successive temporary authorization be allowed, except that in emergency situations arising in the High- ways and Bridges Department, temporary appointments may be made without reference to the eligible list. W (r) For transfer from one position to a similar position in the same class and for reinstatement within one year of persons who have resigned or who without fault or delinquency on their part are separated from the service or reduced (s) For promotion based on competitive examination and: records of efficiency, character, conduct and seniority. The Commission shall allow a uniform credit or percentage to be added to the rating based on length of service. The Commission may, in its discretion, restrict applications for such promotional examinations to persons who are already in the system, when in the estimation of the Commission, the number or experience of such applicants justifies such restriction. Lists shall be created and promotion made therefrom: in the same manner as prescribed for original appointment. Whenever practicable vacancies shall be filled by promotion. An increase in salary, in and of itself, shall not be deemed a promotion. (t) .For suspensions for not longer than thirty days and for leaves of absence not to exceed: one year unless otherwise' ordered by the Commission. Any employee who leaves or has left the service of the count- to enter the Armed Forces of the United 'States in times of emergency or during 'a war shall be on leave of .. 6 absence until ninety days 'after termination of his service and shall be returned to the position and status Feld by him at the time of his induction or enlistment upon his application to the Civil Service Commission before expiration. of such leave of absence, (u) For the separation from the 'service of employees through lay-off, suspension or dismissal and for demotions or leaves of absence for incapadi.ty to perform required duties, (v) That any officer or employee within the system may be suspended, demoted or dismissed only as provided in Section S of Chapter 952, :Statutes of 1939 as amended. (Act 1400, General Laws) ' and, that procedure in said Section S as provided for shall be followed, W For recommendation of rates of pay for each classification of position, W For holding: of hearings on the adoption and amendment of rules and on other ma.t'ters SE'CTION 6. No person employed under the system hereby created shall seek or accept election, nomination, or appointment as an officer of a political club or organization, or take an active part in a county political campaign favoring or oppesing any candidate for election or for nomination to a county public office, or distribute badges, pamphlets, dodgers, or handbills of any kind favoring or opposing any candidate for election: or for nomination to "a county public office; provided, however, that nothing in this ordinance shall be construed to prevent any such officer or employee becoming, or continuing- to be, a member of a political club or organization, or from attending political meetings, or from seeking or accepting election or appointment to public office. SECTION 7In case of a, vacancy- in: a position requiring -7- peculiar qualifications of a scientific, professional, specialized or expert `character, upon satisfaetory evidence that competition is impracticable and that the position can best be filled by the selection of some designated person, the Commission, by the affir a.tive vote of four-fifths of the members may suspend com- petition, but no such ;suspension shall be general in its application to such positions, and all such cases of suspension shall be re- ported, together with the reason therefor, in the annual. reports of the Commission. SECTIO S. All examinations shall be impartial and shall. deal with the duties and requirements of the position to be filled. When oraltests are used, a record of the examination, showing basis of rating, shall be made. The Board of Supervisors of the County may, at the request of the Commission, contract with the legislative body in any other city or county, or with any state department, or with any competent person or agency, for the con- ducting o competitive examinations herein provided, to ascertain the fitness of applicants for employment., and for the performance of any other service in connection with personnel selection and administration. The Commission may call on persons connected with the County service to ''draw up, conduct, or mark examinations, and it shall be deemed a part of the official duties of such persons to act as examiners without extra compensation. SBCl'1OI1 9. The Commission may appoint a Director of Personnel, who shall also act as Secretary for the Cowdssicn, and whose compensation shall be fixed by the Board of Supervisors. The position of Director of Personnel 'shall be in the competitive class. The staffof the Civil Service Commission may with the con- sent of the Board of Supervisors be combined with the staff of any other County office. The Board of Supervisors shall appro- priate such funds as are necessary to carry out the provisions of this Ordinance. SECTION 10. All persons holding full time positions in the classified service as established by this Ordinance at the time it takes effect, and who shall have been in such service on December 7, 19410 shall hold their positions until discharged, reduced, promoted,` or transferred in accordancewith the; pra-- visio s of this Ordinance. Any other persons holding positions or employment in the classified service shall 'be regarded a holding their positions or employment as probationers who are serving out the balance of their probationary periods before obtaining regular ;status, All persons rendering service or holding positions ons as part' time, recurrent, or seasonal employees, who have worked in such capacity during each of the three years and with a total of 10 days during the three year period immediately prior to the effective date of this Ordinance shall be eligible for continued employment or re-employment in such capacity without examination. The Commission shall 'maintain a list of all persons in the County service, showing in connection with, each name the position held, the date and character of every appointment and of every subsequent change in status. Each appointing officer shall promptly' transmit to the Commission all information required for the establishment and maintenance of said list'. SECTION 11. In any investigation or hearing conducted by the Commission, it shall have the power to subpoena and require the attendance of witnesses and this production thereby of books and papers pertinent to the investigation and each. Commissioner shall have the power to administer oaths to such witnesses. SECTION 12. No person in the classified .service, or seeking admission . thereto, shall be appointed., reduced or removed, or in any way favored or discriminated against because ofhis political, or religious opinions or affiliations, SECTION 13.` No new employee or probationer taking the position of any permanent employee in theclassified service who has been granted a leave of absence, shall esquire other than probationary status in the classified service in such position until the expiration of such leave of absence and any extension or renewal thereof'. ,Any permanent employee in the classified service who requests reinstatement in the position held by him at the time he was granted a leave of absence, during the period of said leave of absence or any extnsion thereof, shall be re- instated in said position. In case of severance from service by reason of such reinstatementof such permanent employee, said probationer shall have his name returned .to the eligible list. SECTIOI 14. hamployees who have been in the service of the County for the longest' period of time, and whose employment is seasonal, or limited, shall be preferred in filling positions of lower grades at reduced salaries during the time; that such employees are laid off' from their regular employment, 'and such employees shall be immediately restored to their ;original rangy and salary when the worm is again resumed from which such employees have been laid off. SECTION :,15. ,any person wilfully violating any of the pro- visions of this Ordinance, or of the rules established thereunder, shall be guilty of a misdemeanor. S CT10Y '1.6. This Ordinance may be amended by :a four-fifths vote of the' Board of Supervisors without submitting the sae to a vote of the People,* but no amendment repealing this Ordinance shall be effective unless the proposition of its repeal' shall first have submitted to a vote of the 'qualified electors of the County ata general or special election, and shall have received the affirmative vote of a majority of the electors voting, on the proposition. ,r SECTION 17, If any section, sub-section, clause, or phrase of this Ordinance is for any reason held to be uncon-» stitutional, such decision shall not, affect the validity of the rexap-ining sections of this 'Ordinance. The Board' of Supervisors hereby declares that it would have passed. this Ordinance, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more other sections,,' subsections, Bente ces, clauses, or phrases be declared ncon- stitutional.' CION 18, This Ordinance shall be submitted to a vote of the qualified electors of the County of Contra Costa at the 1t1t election to be held on the 74 . day of j 'f and shall go into effect upon its receiving the affirmative vote ofa Majority of the electors voting on the proposition, ` Before the expiration of .. , fifteen days after the pas'sage thereof, this Ordinance shall be published with the names of the Supervisors voting for and Against the same at least one week in u a newspaper of general i c' ation printed and published in the County of Contra Costa,.' State of California, The foregoing Ordinance" was duly ;and regularly passed and. adopted by the Board of Supervisors of the County of .Contra Costa, State of California, at a regular meeting of said Board, held can the day of � + by, the following vote, to-crit t ...L.� N OES. SUPERVISORS ABSEKT: SUPERVISORS «}}w� ✓t . k t . .al_ STATE OF CALIFORNIA, COUNTY OF CONTRA COSTA In the Matter of # # # C 0 0. C �o �. .:„. .:. ....... Ear------ tom_ .� .. .. ,................:....-...........:..r! ::::�!::: !:'!::!!:::!4.... ._••-__ __•--•__-•_.......- - STATE OF CALIFORNIA, COUNTY©F CONTRA COSTA ss. 11i 111I ;°�� ..� • .. !!!: .,. .......... _•Q -•-1--------•. ---•--•-----------being .......:... dol .... ....„:..::::..:.!:.. .. �':.`:.,r'!; deposes and says, that at all times herein named was and now x »,.!.. a citizen of the United States of America, s e a over the .... ... ... ea e of x e h to ears and resident B g en Y esx k d en t of saidThat „:.r'E County of Contra Costa. she is ; not nor w as at any time hereinafter name d a party to the above entitledroceedin ....:.: :„ :: ! , � Fs, or interested therein- and' that all of saidtime was, and now as:ithhe principal clerk.:of theo rf p atrx te the CONTRA.COSTA ......„,,......::,.. ..:r.........:-....,„.. .:„::!r,,.•:::„:.:.#-:::..i:::!!!:!4!!a!ir::!i€': :�; GAZETTE,,a newspaper printed published circulated : p and in said G�ntta Costa andprincipal as such ,.. ..„. .:•. .'!. ' ' clerk had charge of all advertisements B are: �..........�.. •.�.:r!„ „.;:'i:;„x:::44::,.;. .:.:: said ....`e ,.,:„.::.��,.. ...::.:::::•::.!::<:#;'!::-,:r:r:#::#!,E. y That .said i CONTRA COSTA . TTS, is a, newspaper of eneral -_ circulation B ctxlatioa as that term is d fi e ned by.Section 4460 of the Political ...._.::. .:. ...,::::„..,......:.„.:..... ;:....:..�.4 .....!%.„.:.„::4:.:„...:„..:#: Codethe , in said County of Lantra Costa published for the dissemi- nation of local and'tel egraphac news and intelligence of a general ' character, having a 6asubscription list ofPaYinBsubscribers and which has beenestablished printed andpublished in said counts ....',. „ or more than one year last past, and which i p n is devoted to ta'ae : .::. : :�: :,:° •. .. � '.. !! '°r. ::;:::;!! interests e or published ed far the entertainment articular class ass , trade,Profession, e, Galli , race or denomination, �S 'or any number �� 15T111111 thereof. 'F. IRV! ii yf{� r That M� ,. : :.':i';i##iii#::iii.'::;':::;sn:;..„....:..:..#..„.....:.. �... .... •.--__. :::„„:„::.„„„> :. :.::..,.,;::::...:.:„„. ::„„„::;!:„:.:::.k..r:::::#'::4:�:::4444::444„:.4::�.„............„..:�.„,:„.:•�#ar.:�',!:;: of which the annexed is a �rimcopy,ed cawas P , printed and published in said paper at least.........a? _ z 111 S v ::„ ,.is <<:;:.: wit:to from the,. 1----da of 'Ch :: :...::....,,.„„...... ' : . !. e 2,} l_ day af_. h to the Y.1j,_ Nil F3 .. ...:...:.. both days included, to wit: . c 14 7 --•• i�w[�,�y y� E f -_.•_ Mill .... ....... -••- at the said notice was .„.�:......�........�„'. published in the new � spa er ro r p p pe and : ,-..1 l Pppam ant. ..pked ° +}x d to bef „:...' aeme this C .........>,4:x;„4: .ec tt '#'... �/ . V��� M u lic in the County of Contra Costa, State of STATE OF CALIFORNIA Ss. COTATTY OF CONTUI , COSTA is, S. C . WELLS, County Clerk and ex' -officio Clerk of the Board of Supervisors of the County of Contra Costa, State of California, do hereby certify that at a regular meeting of the Board of Supervisors held on the � L;L day of at which meeting were present Supervisors dA OW& and the Clerk, the -foregoing Ordinance consisting of eighteen (18) sections, was considered section by section, and each section separately considered, and the said Ordinance was thereupon passed and adopted as a whole by the following vote,, to-wit: AYR S SUPERVISORS IWES: SUPt-RVISORS ABS'Y,.;KT: SUPERVISORS County Clerk and ex-officio Clerk of the Board of Supervisors of Contra Costa County, California. -12- ............................... ......