ARTICLE XIV
Labor and Employment

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SECTION 61. No person in the classified or unclassified service, or seeking admission thereto shall be appointed, reduced, removed, or in any way favored or discriminated against because of his race, color, creed, sex, national origin, political affiliation, age or physical or mental handicap. The provisions of this section are not intended to prevent the establishment of special limited programs for the employment of economically, socially, physically or mentally deprived persons.

SECTION 62. The time of service of all laborers or workmen or mechanics employed upon any public works, whether said work is done by contract or otherwise, shall be limited and restricted to eight (8) hours in any one calendar day, except in cases of extraordinary emergency caused by fire, flood or other calamity endangering life or property, or except to work upon public, military or naval defenses in time of war; provided that in the event of any other number of hours being established through the State by any Constitutional or Legislative provision, then such other number of hours shall be the constituted number of hours for the County.

SECTION 63. In fixing compensation the Board of Supervisors shall at least annually, by ordinance, provide in each instance for the payment of not less than the prevailing rate for comparable service in other employment whenever such prevailing rate can be ascertained in the Sacramento Area. (1969)

NOTE: Section 37A authorizes compensation to be set by resolution or contract, as well as by ordinance.

SECTION 64. It shall be unlawful to knowingly employ, engage or appoint any person to serve in the public service who is not native-born or fully naturalized citizen of the United States; and no warrant shall be issued or approved by the Auditor for the payment of any salary or wage to any person, until there shall have been filed with the Auditor an affidavit that such person is such a citizen of the United States; except that this Section shall not apply (a) to the employment of any native-born woman of the United States who has married an alien; (b) to the employment of any specialist or technical expert temporarily employed by a department of this County, and engaged in special teaching, investigation or research; (c) in cases of extraordinary emergencies caused by fire, flood or other calamity endangering health, life or property; (d) to work upon public, military or naval defenses in time of war. A violation of this Section shall constitute a misdemeanor, and any person convicted thereof shall be punished by a fine of not exceeding FIVE HUNDRED ($500.00) DOLLARS, or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment.

NOTE: Section 64 is invalid (Purdy v. State of Cal. 71 Cal.2d 566; County Counsel Opinion No. 74-14).

SECTION 65. Every officer or employee absent from duty, except on account of sickness, shall suffer a deduction in compensation equal to his daily average rate of compensation for each day so absent.

SECTION 66. Enforced labor without compensation, as a penalty for the commission of public offenses is hereby prohibited. The net earnings of all County prisoners, based upon such compensation as may be fixed by the Board of Supervisors and which compensation need not be the prevailing rate of compensation for similar services performed, shall go to the support of their dependents, and if such prisoners have no dependents, such net earnings shall accumulate and be paid to them upon their discharge.

SECTION 67. The laws of the State of California pertaining to labor on public works as they now are and as they may hereafter be, are hereby applicable to all such public works in this County.