ARTICLE XVI
Personnel Administration

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SECTION 71-A. CIVIL SERVICE COMMISSION.

(a) There is in county government a Civil Service Commission consisting of five members to be appointed by the Board of Supervisors from the qualified electors of the county, none of whom shall hold any salaried county office or employment. No member of the commission, during membership, or for a period of one year after he has ceased to be a member, shall be eligible for appointment to any salaried county office or employment.

(b) Except for the first appointments, the term of commission members shall be five years and until their respective successors are appointed. On each succeeding first day of July the term of one member shall expire.

(c) As soon as practicable following the first day of July of every year, the commission shall organize by electing one of its members to serve as presiding officer at the pleasure of the commission.

(d) Each commissioner shall receive the compensation fixed by ordinance of the Board of Supervisors. Any vacancy in the office of commissioner shall be filled for the unexpired term.

(e) The Board of Supervisors by a four-fifths vote of all of the members may remove a commissioner during his term of office, but only upon stating in writing the reasons for such removal and allowing him an opportunity to be publicly heard in his own defense. (1972)

SECTION 71-B. COMMISSION POWERS AND DUTIES.

(a) The commission shall establish rules regarding the selection of employees for, and the classification of, civil service positions.

(b) The commission may advise the Board of Supervisors on matters referred to the commission by the Board.

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(c) The commission shall make final decisions on appeals from disciplinary actions involving civil service employees with permanent status, provided that appeal procedures mutually agreed on by the Board of Supervisors and recognized employee organizations shall substitute for appeal procedures established by the commission.

(d) The commission shall make final decisions on appeals involving alleged improper action under, or the denial of any rights provided by, this article or the rules adopted thereunder. The commission's authority in this regard pertains only to examinations and other matters under the jurisdiction of the commission pursuant to this article.

(e) The commission may conduct such investigations as are necessary for the proper administration of its responsibilities. In conducting such investigations and in hearing disciplinary and other appeals the commission shall have the power to subpoena witnesses, books, records and papers, and to administer oaths.

(f) The commission, subject to the approval of the Board of Supervisors, may employ or contract for hearing officers to hear appeals of disciplinary actions and other matters and prepare recommendations for the commission.

(g) The commission may adopt rules to carry out the
commission's powers and duties and governing the commission's
proceedings under this article.

(h) The commission may employ such employees as may be necessary, subject to budgetary approval of the Board of Supervisors. The commission's employees shall have no authority to administer personnel services and programs, but may provide secretarial services to the commission and may conduct
investigations and make recommendations on the matters under the jurisdiction of the commission. (1972)

SECTION 71-C. ADMINISTRATION.

(a) The County Executive or his designee shall be responsible for the administration of the county's central personnel services and programs.

(b) The County Executive or his designee shall classify all civil service positions and shall administer examinations subject to final approval of the Civil Service Commission. All administrative acts the County Executive or his designee takes affecting rights under the jurisdiction of the Civil Service Commission shall be subject to appeal and final decision as provided by the commission.

(c) The County Executive or his designee shall, after hearing or with mutual agreement of recognized employee organizations, subject to the approval of the Board of Supervisors, establish personnel rules consistent with this charter, including but not limited to rules providing for leaves of absence, layoff, transfer, reinstatement, and reemployment. Such rules shall specify the circumstances in which an employee who has permanent status in a class who accepts other county employment in probationary, provisional or exempt status, shall have a right to return to his former class. No rule established pursuant to this section shall be effective until approved by the Board of Supervisors. (1972)

SECTION 71-D. COUNTY CIVIL SERVICE. The county civil service shall include every officer and employee of the county except:

(1) Elective county officers.

(2) The County Executive.

(3) The chief deputy to each elective officer.

(4) One assistant to each member of the Board of Supervisors.

(5) All members of appointive boards and commissions.

(6) Persons serving the county without compensation.

(7) Physicians and dentists employed in their professional capacity to perform the duties of their profession, and including administrative or executive positions for which professional status constitutes only a part of the qualifications therefor.

(8) Department heads, which shall include persons responsible for directing all activities of a major organizational unit of county government recognized as a department by the Board of Supervisors. The Board of Supervisors may by ordinance include any department head in the civil service. This provision shall not affect the rights of any person who holds civil service status in a department head position. Any such department head position shall not become exempt until it becomes vacant.

(9) Persons appointed for periods of less than thirty days because of an emergency affecting the public health, safety, or welfare. No person shall be appointed to such an emergency position for more than thirty days in any six calendar months. (1972

SECTION 71-E. CLASSIFICATION.

(a) All civil service positions shall be grouped into classes. Each class shall include all positions with comparable duties, responsibilities, and qualifications.

(b) A class shall be considered established when it receives final approval by the Civil Service Commission and the Board of Supervisors.

(c) Civil service positions shall be allocated to classes by County Executive or his designee subject to the approval of the Civil Service Commission and the Board of Supervisors.

(d) Salary rates or ranges for each class shall be uniform. However, when it is necessary to recognize unusual conditions, assignments, or hours of work, or prevailing practices for such employment, more than one method of compensation may be provided for a class.

(e) The Civil Service Commission shall provide for the manner in which appeals relating to the classification plan shall be heard and finally determined. (1972)

SECTION 71-F. SELECTION.

(a) The county civil service is career service and all appointments to positions in the civil service shall be based on relative fitness as ascertained by competitive examinations. At least ten days' notice shall be given of each examination.

(b) Eligible lists shall be established upon which shall be entered the names of successful candidates in the order of their standing in examination.

(c) Eligible lists shall be established upon which shall be entered the names of successful candidates in the order of their ranking in the examination. For the filling of one vacancy, the appointment shall be made from among the eligibles whose scores, at the time of certification, represent the three highest ranks on the list. For purposes of ranking, scores of eligibles on an eligible list shall be rounded to the next highest whole percent and a rank shall consist of one or more eligibles with the same whole percentage score. If a special skill is needed for some, but not all positions, in a class, which special skill has been tested for on a pass or fail basis as a part of the examination on which the list is based and the vacancy is one of the positions in the class requiring the special skill, the appointment may be made from the eligibles possessing the special skill who are available for appointment and whose scores at the time of certification represent the three highest ranks on the list of those who possess the special skill. (1977)

(d) When an eligible list of at least three names is not available for the class to which a position belongs, a provisional appointment may be made. An examination for the class shall be scheduled as soon as practicable after a provisional appointment. A provisional appointment shall not exceed twenty calendar days after establishment of an eligible list for the class.

(e) If an eligible list is not available for the class to which the position belongs, appointment may be made from an eligible list considered by the commission to be appropriate.

(f) No person in county 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. This provision is not intended to prevent the establishment of special programs for the employment of economically, socially, physically or mentally deprived persons.

(g) The commission shall provide for preference or credits on open examinations for veterans of the United States armed forces who served during time of war and who attain the passing mark for an examination.

(h) The commission may provide promotional preference or credits for permanent county employees who attain the passing mark established for an examination.

(i) The commission may provide for the establishment of programs, including trainee programs, designed to attract and utilize persons with minimal qualifications, but with potential for development, in order to provide career development opportunities among members of disadvantaged groups, handicapped persons, and returning veterans. Such programs may provide for permanent appointment upon the satisfactory completion of the training period without further examination.

(j) The commission may waive examination requirements for students employed temporarily pursuant to academically recognized programs designed to provide work experience in conjunction with formal educational training. (1972)

SECTION 71-G PROBATIONARY PERIODS. Each person appointed to a position in a civil service classification shall serve a period of probation not to exceed twelve months. The commission shall determine the length of the probationary period for each class. Probationary periods of more than six months shall not be established unless the commission finds that a longer probationary period is appropriate on the basis of the cycle of the work performed or because the duration of required training is such that it is not possible to adequately evaluate employee performance within a six-month period. A probationary employee may be rejected during the probationary period. At the expiration of the probationary period the employee shall attain permanent status in the class. (1972)

SECTION 71-H REMOVAL, SUSPENSION, OR REDUCTION.

(a) Any employee who has permanent civil service status may for cause be removed, suspended or reduced in rank or compensation by the appointing authority, or any person authorized by him, by notifying the employee of the action, pending the service upon him of an order in writing stating specifically the reasons for the disciplinary action.

(b) The disciplinary action is valid only if the written order is filed with the commission and a copy is served on the employee either personally or by mailing a copy to the employee by certified or registered mail not later than 15 calendar days after the effective date of the disciplinary action.

(c) Any person against whom disciplinary action is taken as provided in this section may appeal by filing a written appeal with the commission not later than 15 calendar days after service of the order.

(d) The commission shall provide for the impartial hearing and determination of appeals. The determination may either affirm, modify, or revoke the order. The appellant shall be entitled to appear personally, produce evidence, and to have counsel at a public hearing.

(e) The findings and decision of the commission shall be certified to the official from whose order the appeal was taken, and shall forthwith be enforced and followed by him.

(f) Appeal procedures mutually agreed on by the Board of Supervisors and recognized employee organizations shall be substituted for appeal procedures provided by the commission.

SECTION 71-I. CONSTRUCTION OF CIVIL SERVICE PROVISIONS.

(a) All references in this charter to former Section 45-A of this charter shall be deemed references to this article for all
purposes.

(b) All rules adopted by the civil service commission pursuant to former Section 45-A shall continue in effect as though established as provided in this article until such time as such rules are replaced by rules established as provided in this article.

(c) The civil service commission appointed pursuant to former Section 45-A shall continue in existence. (1972)

SECTION 71-J. CONTRACTING FOR SERVICES. Notwithstanding any other provision of the Charter, the Board of Supervisors may contract for the provision of County services for reasons of economy and efficiency when all of the following conditions are met:

(1) The contract does not cause the displacement of civil service employees. The term "displacement" includes, layoff, demotion and involuntary transfer to a new classification. Displacement does not include changes in shifts or days off, nor does it include reassignment to other positions within the same class; and

(2) The County has met and conferred, in accordance with its legal obligation pursuant to Government Code Sections 3500 et seq., with an organization that represents County employees who perform the type of services to be contracted; and

(3) The contract for services is awarded through a publicized, competitive bidding process.