All Personnel Management Regulations

Section 1: General and Administration
Section 2: Personnel Conduct and Standards of Employment
Section 3: Recruitment and Selection
Section 4: Employee Practices

Section 1: General and Administration

Personnel Regulation 1: Purpose & Authority

Applicability & Purpose

This Personnel Management Regulations Manual is prescribed for the purpose of carrying out the personnel program pursuant to Chapter 2.56 of the Marin County Code known as the Merit System Ordinance, and compliance with State and federal law. PMR 1 establishes the purpose and authority for these regulations.

1.1 Purpose

A. The goal of these regulations is to establish equitable and lawful procedures for dealing with personnel matters, to attract and retain for the County service the most competent persons available, to assure that appointments and promotions of employees will be based on merit and fitness, to provide a reasonable degree of security for qualified employees, and to support the values, goals, and strategies set forth in the County’s Strategic Plan.

B. These PMRs represent a compilation of legal standards, policies, procedures, rules, forms, and definitions pertaining to the responsibilities of employees and managers in their employment with the County of Marin. They incorporate previous Personnel Commission Rules and Regulations, the County Code (Section 2.52 [Salary], and Section 2.56 [Merit System]), and numerous other countywide policies and procedures. These previous personnel rules, regulations, policies, and procedures are expressly repealed and replaced by these PMRs.

C. The County's personnel program, including but not limited to the Merit System, all policies, procedures and practices, will be aimed at excellence and merit. It will encourage competence, accomplishment, learning, diversity, equity, purpose and loyalty in the public service.

D. These Personnel Management Regulations are organized into the following sections:

Section 1: General and Administration
Section 2: Personnel Conduct and Standards of Employment
Section 3: Recruitment and Selection
Section 4: Employment Practices

1.2 Application

These policies and procedures apply to all employees of the County of Marin unless a specific policy or procedure indicates otherwise. The provisions related to administration of a Merit System, e.g. appointment, probation status, procedure for disciplinary action and selection appeals, are not applicable to

Elective officials;
Appointed department heads except where otherwise provided by law;
Members of appointive boards, commissions and committees;
Positions established for the purpose of a special study or investigation requiring expert professional or technical services for a definite period of time;
Patients or inmates of county institutions;
Participants in the Adult Offender Work Program;
One chief deputy or assistant of each elective official;
Assistant County Administrator;
Assistant Director of Finance;
Assistant Director of Parks & Open Space;
Assistant Public Defender;
Chief Fiscal Officer – Health & Human Services;
Chief Information Security Officer;
Deputy Director of County Library Services;
Deputy Director of Human Resources;
Deputy Director of Fire;
Administrative aides appointed by each member of the Board of Supervisors, not to exceed two full-time positions or the equivalent thereof;
Appointees on or after December 13, 2016 in Chief Assistant Director(s) and Assistant Director(s) classifications in the following departments: Agriculture, Weights and Measures; Assessor-Recorder County Clerk; Child Support Services; Community Development Agency; County Counsel; Cultural Services; Elections; Farm; Fire; Health and Human Services; Human Resources; Information Services and Technology; Library; Probation; Public Works; and Retirement;
Appointees on or after November 12, 2020 in the following classifications: Deputy County Administrator, Deputy Director of Environmental Health Services, Deputy Director of Building Inspection and Safety, and Deputy Fire Chief;
Appointees on or after May 13, 2021 in the classification of Equity Director; and
Appointees on or after August 19, 2021 in the classification of Deputy Director of Housing & Federal Grants.
Appointees on or after October 20, 2022 in the classification of Director of Emergency Management.
Appointees on or after October 20, 2022 in the classification of Deputy Director of Planning Services.
Appointees on or after December 8, 2022 in the classification of Budget Director.
Appointees on or after August 18, 2023 in the classification of Employee & Labor Relations Director.
Appointees on or after June 21, 2024 in the classification of Legislative & Intergovernmental Affairs Director.
Appointees on or after January 16, 2024 in the classification of Inspector General.

1.3 Authority

A. The ultimate determination of personnel policy is the responsibility of the Board of Supervisors, after development by the Director of Human Resources and County Administrator, and review and recommendation by the Personnel Commission.

B. The Board of Supervisors may establish the position of Director of Human Resources to provide for the conducting of competitive examinations to ascertain the fitness of applicants for appointment and for the promotion of employees to vacant positions, and in conjunction with the County Administrator, to have the responsibilities to administer all aspects of the personnel system. The Director of Human Resources may contract with any qualified person or agency for the performance of such technical or professional services as may be desired in the establishment or operation of the personnel system. Administration includes keeping the Personnel Commission informed of developments, issues, and anticipated developments.

C. The Director of Human Resources, or designee, acting as Executive Secretary to the Personnel Commission, is authorized to execute Personnel Commission policy and the establishment of such administrative controls as may be necessary to effectuate the provisions of these Personnel Management Regulations.

1.4 Effect of Collective Bargaining Agreements

If a provision of these Personnel Management Regulations is in conflict with a provision of an applicable collective bargaining agreement negotiated between the County and a recognized employee organization, to the extent of such conflict, the provision of the collective bargaining agreement shall be controlling.

1.5 No Contract Created

The Personnel Management Regulations do not create any contract of employment, express or implied, or any rights in the nature of a contract.

1.6 Right to Amend, Delete or Suspend

These policies may be amended by adding, deleting or changing such policies from time to time upon giving at least one calendar week written notice to each of the bargaining units of the County of Marin. Such notice that an amendment to a particular policy or policies is to be considered will provide an opportunity for a meeting, the time and place of which is specified in the notice. The bargaining units will have one calendar week from receipt of the notice to respond to the notice and opportunity provided. This section is not intended to supercede the meet and confer obligations set forth in the California Government Code Section 3500 et. seq.

Approval

Effective Date: September 6, 2018
Amended Date: October 13, 2020
Revision No.: 2
Prepared By: Mary Hao
Approved: ss/President, Board of Supervisors

Personnel Regulation 2: Definitions

Applicability & Purpose

This Personnel Management Regulation (PMR) defines words and terminology used by these County of Marin PMRs.

2.1 Definitions

Unless otherwise defined by the context, words used in these PMRs will have the following meanings:

A. Administrator. The County Administrator or his or her designee.

B. Allocation. The assignment of a position to an appropriate classification as a budgetary action by the Board of Supervisors.

C. Anniversary Date. The date recurring yearly upon an employee's most recent regular appointment.

D. Applicant. Any person who, according to these rules, has made formal application for employment.

E. Appointing Authority. The person(s) having authority to appoint or to remove persons from positions in the County service or subordinates to whom this authority is delegated.

F. Appointment. The offer of and acceptance by a candidate to a position in the county service. Types of appointments are described in PMR 34.2.

G. Board. The Board of Supervisors of the County of Marin.

H. Certification. The submission of names of eligible candidates from an employment list to an appointing authority by the Director of Human Resources or his or her designee.

I. Classification or Class. A position or group of positions having the same title, class specification, minimum qualifications and salary.

J. Classification Plan. The arrangement of positions into classes together with specifications describing each classification, approved by the Board of Supervisors.

K. Commission. The Personnel Commission of the County of Marin.

L. County. The County of Marin government organization and all special districts governed solely by the Board of Supervisors, e.g. Open Space District.

M. Day. Calendar day. If the final day of a time period falls on a weekend or holiday, the next calendar day following will constitute the final calendar day.

N. Demotion. A change in status of an employee from a position in one classification to a position in another classification with lesser duties and responsibilities, lower qualifications, and a lower maximum salary. A demotion may be voluntary or involuntary.

O. Eligible Candidate. A person who has successfully passed all initial examination requirements for a classification for which he/she has made official application and has been placed on an eligible list.

P. Eligible List. An officially promulgated list of eligible candidates for a specific classification in rank order of final examination score, re-employment rights, or transfer.

Q. Employee. A person who is employed by the County.

R. Exempt Employee. An employee defined under federal law as not subject to overtime payment over 40 hours per week or the equivalent. Also known under federal law as a salaried employee.

S. Merit System. The system of personnel administration governing all positions and/or classifications and the employees occupying such positions, except those specifically exempted in Section 2.56.040 of the County Code, as set forth in PMR 1.2. In addition, at-will, temporary, emergency, or provisional appointment positions are not included in the Merit System.

T. Non-Exempt Employee. An employee who under federal law must be paid premium wages (or compensatory time off) when he or she works over 40 hours per week or the equivalent. Also known under federal law as an hourly employee.

U. Overtime. Authorized work beyond the identified week or work period.

V. Probationary Period. A trial period during which an employee in the Merit System is required to demonstrate competency in the knowledge, skills and abilities necessary to successfully perform the job and from which an employee may be released without cause or right of appeal. The probationary period is the final step in the examination process.

W. Promotion. Advancement of an employee from a position in an established classification to a position in an established classification with higher level duties and responsibilities, higher qualifications and a higher maximum salary.

X. Reassignment. A move of an employee from one division or budget center to another within the same department in the same or similar classification at the same rate of pay.

Y. Reclassification. A reallocation of a position and the incumbent, if applicable, to a different or new classification because of a significant change in duties and/or responsibility of the position over time.

Z. Reinstatement. A return to employment of an employee following leave without pay, upon reemployment following layoff, or return within 60 days of resignation.

AA. Reorganization: A planned, prospective restructuring or redesign of a department, which will have fiscal or classification impact, to meet changing program needs.

AB. Secretary to the Personnel Commission: The Director of Human Resources is designated as Executive Secretary to the Personnel Commission.

AC. Separation. Any ending of employment with the County, including discharge, reduction in force, resignation, retirement, and job abandonment.

AD. Sliding Classifications. Classifications within a series specifically designated as sliding classifications by Human Resources where a) the work is normally performed at the higher level; b) positions in the class series appointed at a lower level are expected, and in some cases required, to advance to a higher level once the employee meets the requirements of the higher level and is functioning effectively at that level; and c) the employee has passed probation in the lower level class.

AE. Step Increase. Advancement within a salary range from one step to another, higher step.

AF. Step Increase Date. Date used to determine eligibility for a step increase.

AG. Termination. The involuntary separation from employment of an employee by an appointing authority. Dismissal and discharge may be used synonymously with termination.

AH. Transfer. A move of an employee who meets the minimum qualifications from one department to another either in the same classification or another classification at the same salary level. This is in contrast to reassignment within the same department.

AI. Transfer List. List of eligible employees with expressed interest in being considered for transfer.

AJ. Y-Rate. A salary paid above the maximum salary of the range for an incumbent employee when the employee is moved from his or her class to a different class with a lower salary range. The incumbent retains his or her current rate of pay until such time as the new class has a maximum salary rate which is equal to or higher than the "y" rate.

Approval

Effective Date: January 2005
Revision. No.: 0
Prepared By: Laura Armor
Approved: ss/President, Board of Supervisors

Personnel Regulation 3: Personnel Commission

Applicability & Purpose

This Personnel Management Regulation (PMR) establishes the creation, organization, duties, authority, and meeting rules for the County of Marin Personnel Commission, pursuant to County Code and State law.

3.1 Creation and Organization of the Personnel Commission

A. Composition. The Personnel Commission will consist of five members, to be appointed by a four-fifths vote of the Board of Supervisors, from among the qualified voters of the County. Insofar as possible at least two members of the Personnel Commission will be current practitioners in Personnel work or labor relations, and the membership will also include persons experienced in corporate executive management, as well as lay persons dedicated to improvement of the public service.

B. Term. Commission members are appointed for four-year terms on a staggered schedule.

C. Temporary Commissioner(s). When by reason of recusal, disqualification, or any other temporary inability of a commissioner to serve, the Board of Supervisors, by a four-fifths vote, may appoint such additional commissioners to temporarily serve in lieu of the affected commissioner(s) for the duration of a specific matter or limited period of time in order to preserve the composition of the Commission as set forth in Section 3.1-A of the County of Marin Personnel Management Regulations, or to assure the Commission’s ability to take any action as set forth in Section 3.3-E of the County of Marin Personnel Management Regulations.

D. Vacancies. Vacancies on the Commission will be filled by appointment by the Board of Supervisors for the unexpired term. Each member will serve until his or her successor is appointed.

E. Removal. A member of the Commission may be removed from office, prior to the expiration of his or her term, by a four-fifths vote of the Board of Supervisors.

F. Chair. Each January, the Personnel Commission will select from their own membership one member to serve as the Chair. The Chair will preside at all meetings of the Commission and act as the spokesperson for the Commission.

G. Vice Chair. The Commission will also elect one of its members as Vice Chair to act in the absence of the Chair and who will have all of the powers of the Chair.

H. Executive Secretary to the Commission. The County Director of Human Resources or designee will act as Executive Secretary to the Commission. Duties will include:

Staff services to the Commission.
Liaison and communication between the Personnel Commission, County Administrator, and County Board of Supervisors.
Preparation and safekeeping of the minutes and other pertinent records of the Commission and certification of same when required.
The execution of Personnel Commission policy and establishment of such administration controls as may be necessary to effectuate the provisions of these rules.
Recommendations relative to matters of Commission policy and necessary amendments to these rules.
Reports to the Commission on actions taken to implement Commission decisions and directions at each Personnel Commission meeting.
Reports to the Commission on actions taken by the Board of Supervisors relating to actions taken by the Personnel Commission by the next following Commission meeting.
Reports to the Commission from time to time concerning the details of the work of the Human Resources Department.

I. Compensation. Members of the Personnel Commission will receive such compensation, if any, as may be established by the Board of Supervisors.

Members will be entitled to reimbursement of expenses necessitated by their official duties.

3.2 Duties and Authority of the Personnel Commission

A. General. The Personnel Commission provides planning and policy advice to the Board of Supervisors, County Administrator, and Director of Human Resources on all phases of the County's Personnel Program, including the Merit System. The Commission may conduct hearings and investigations. Hearings may include: appeals of examination, selection or classification; grievances; and discipline more severe than five-day suspensions. They may hear appeals of lesser discipline for peace officers as set forth under the Public Safety Officers’ Procedural Bill of Rights.

B. Investigations. When approved by a majority of the Commission, the Commission may investigate any aspect of personnel administration in the County service and make recommendations for improving the quality of administration of the Merit System.

C. Hearings. The Personnel Commission will hear appeals of:

Examination, pursuant to PMR 31;
Selection, pursuant to PMR 33;
Classification, pursuant to PMR 40;
Layoffs not based on seniority, pursuant to PMR 48;
Disciplinary actions of severity of more than five days suspension, pursuant to PMR 47. They may hear appeals of lesser discipline for public safety officers as set forth under the Public Safety Officers’ Procedural Bill of Rights; and
Grievances pursuant to PMR 24.

Additionally, the Personnel Commission will decide issues of unit determination and certification, pursuant to PMR 4, and will conduct hearings whenever requested by the Board of Supervisors regarding any matters of personnel administration.

Authority of Commission at Hearings. The Commission will have the power to examine witnesses under oath, compel their attendance, compel production of evidence, issue subpoenas in the name of the County and attested by the Executive Secretary and to deliver subpoenas of current employees at the direction of the Executive Secretary to the Commission. The refusal of a person to attend or to testify in answer to a subpoena will subject the person to prosecution in the same manner as set forth by law for failure to appear before the Board of Supervisors in response to a subpoena issued by the Board of Supervisors and/or be subject to disciplinary action.
Commission Deliberations and Determinations. Where the Commission makes determinations after required notice and hearing, and a County department or management is on one side of the issue, and an employee, group of employees, or an employee organization is on the other side of the issue, the Commission will have the following powers:
1. To deliberate in closed session, pursuant to the Brown Act.
2. Upon reaching agreement with respect to a determination requiring findings and conclusions, the Chair or a person designated by the Commission may direct the party determined as prevailing on a majority of the findings and conclusions to prepare a draft of proposed findings and conclusions on the issue.
3. The party directed to prepare a draft of proposed findings and conclusions on the issue will do so within fourteen calendar days of such direction, and will mail a copy of said findings to all parties affected by the decision or their counsel. Any party affected by the decision may, within seven calendar days after the proposed findings and conclusions have been served upon them, serve and file objections to the proposed statement of findings and conclusions.
4. Upon review of the proposed findings and conclusions, the Commission will accept, modify, or adopt them as are satisfactory to the Commission.
General Hearing Procedures
1. Authority. Marin County Personnel Commission hearings are convened pursuant to Part 2, Division 4, of Title 3 of the Government Code of the State of California, and section 2.56 of the Marin County Code and other applicable authorities. They are conducted in accordance with the following Commission procedures and guidelines. All parties to Commission appeals are hereby given notice of these procedures.
2. Rules of Evidence. Personnel Commission hearings are administrative hearings governed by rules promulgated by the Commission. Strict rules of evidence attendant to judicial proceedings or to more formal administrative hearings are not binding on Personnel Commission hearings. The sole test for admissibility of evidence, both oral and documentary, at Commission hearings is relevance and materiality. Sustainable objections to offered evidence must therefore be based exclusively on relevance and materiality. The Commission will consider the nature and quality of all admitted evidence and assign due weight in its deliberations.
3. Preliminary and Pre-hearing Conferences. At a meeting prior to the date of the formal hearing, or immediately prior to opening the record on the date of the hearing, the Commission will conduct, as it deems appropriate, a preliminary conference and/or a pre-hearing conference. At these times the Commission will rule as necessary on preliminary or jurisdictional motions, on the parties’ lists of requested witnesses previously submitted in response to the Commission’s notice of hearing, on any and all documents anticipated to be given at the hearing, and on any outstanding subpoena issues.
4. Representation. At hearing, each party has the right to one participating representative as well as one non-participating technical representative, at their own expense. The Commission, at its sole discretion, may have its own counsel present to assist it as the Commission deems appropriate.
5. Open Hearing. The on the record sessions of hearings will be open to all members of the public and media unless in a disciplinary appeal the employee requests a closed hearing. All approved witnesses, except parties to the case, however, will be excluded from the hearing until they have completed their testimony. The Personnel Commission retains the right to close appropriate sessions of the hearing either upon its own motion or upon application from the employee if the Commission determines the circumstances of the case demand a private hearing.
6. Order of Presentation. At Personnel Commission hearings, the party with the burden of proof will proceed first with all aspects of its case in chief to be then followed by the opposing party. There will be an opportunity for a rebuttal presentation by each side upon a ruling by the Commission that to deny such presentations would not be in the interests of justice.
7. Witnesses. Only those witnesses who have been approved for testimony by the Commission at the preliminary or pre-hearing conference will testify. Witnesses, except parties to the case, will be asked to leave the room until their turn to testify. Witnesses may then remain in the hearing room after their testimony is completed, or be asked to return to work in the case of a County employee during working hours. Witnesses testifying will do so under oath or affirmation. Witnesses will take the stand only once at the hearing and will not be subject to recall unless the Commission makes an exception. All questions from both parties will be put while the witness is making that sole appearance. The Commission may, at its sole discretion, examine approved witnesses or call additional witnesses to testify.
8. Documents. Parties must furnish 10 copies of each document they intend to offer at hearings. Admission of any documentary evidence will be subject to Commission rules of admissibility as set forth in 3.2.C.3.b, above.
9. Closing the Hearing. The hearing will be officially closed upon receipt of the parties’ closing arguments, either oral or written. The Commission’s findings and decision will then be issued no later than 15 calendar days after concluding the hearing.
10. Requests to Reschedule. Where a party to the Personnel Commission hearing (department manager, employee, or union) believes a continuance or rescheduling of a scheduled Personnel Commission meeting is necessary, the following procedure applies: The party who desires the continuance or to reschedule the hearing shall contact the other party to the hearing at the earliest practicable opportunity in advance of the scheduled hearing and request that party’s agreement to the continuance.
  
  The party who desires the continuance or to reschedule the hearing shall make such request of the Personnel Commission in writing. Such request shall include the reasons why the party wishes to reschedule, as well as whether the opposing party agrees to the continuance. The request shall be delivered to the Executive Secretary of the Commission (Director of Human Resources) at least 72 hours in advance of the scheduled hearing unless the situation is an emergency. The Executive Secretary of the Commission shall contact the Chair of the Commission for a decision as to whether the continuance is approved.
  
  The party who desires the continuance shall be prepared to proceed on the scheduled date for the hearing notwithstanding the request for continuance unless that party is informed that the Personnel Commission has granted the request for continuance prior to the hearing.
  
  The Chair of the Commission may require the parties to attend the next regularly scheduled meeting or the hearing as scheduled to explain their request to the Personnel Commission and/or to reschedule the hearing.

3.3 Commission Meetings

A. The Personnel Commission will meet at least once each calendar quarter and on the call of the Chair or of three members of the Commission.

B. All meetings will be held in the Administration Building of the Frank Lloyd Wright Civic Center, San Rafael, California, or such other place as may be determined by the Commission.

C. All meetings of the Commission will be open and public except and unless an executive session is legally authorized or as otherwise set forth herein. All persons will be permitted to attend any open public meeting of the Commission.

D. Except as otherwise provided herein, Robert’s Rules of Order will guide the Commission in its proceedings.

E. Three members of the Commission will constitute a quorum and the concurrence of three members present at the meeting will be necessary to take any action.

F. An Agenda with accompanying materials pertinent to items to be brought before the Commission will be in the hands of individual Commissioners at least seventy-two hours in advance of the meeting date.

G. The deadline for communications to the Personnel Commission is established at the close of business seven days in advance of the meeting date. Communications and requests to the Commission, insofar as practicable, shall be in writing. Communications and requests to the Commission should be directed to the Executive Secretary, Marin County Personnel Commission, Human Resources Department, Civic Center, San Rafael, California, 94903. Individuals may personally request time or consideration of any item not on the agenda by the Commission at any meeting during the period designated as Open Time on the agenda or by the Chairperson.

H. The Executive Secretary, or designee, shall record in the minutes, the time and place of each meeting, the names of the Commissioners present, all official acts of the Commission and the vote of the Commissioners. The minutes shall be written and presented for correction and approval at a regular meeting of the Commission as soon as possible. The minutes are public records and shall be open to public inspection.

3.4 Affirmative Action Advisory Committee

A. Establishment. By direction of the Board of Supervisors and action of the Personnel Commission, an Affirmative Action Advisory Committee will be appointed by the Personnel Commission for the purpose of continuous monitoring of the County’s affirmative action program and efforts, the consideration and development of recommendations to the Personnel Commission for policy improvements or specific areas of improvement to enhance the affirmative action program, and to carry out such other responsibilities as the Personnel Commission may assign to the Committee.

B. Term. Committee members will serve two-year terms, and may apply to the Personnel Commission for re-appointment at the end of the term.

C. Quorum. The presence of a majority of the members occupying seats on the committee shall constitute a quorum for the transaction of business.

Approval

Effective Date: January 2005
Revision. No.: 0
Prepared By: Laura Armor
Approved: ss/President, Board of Supervisors

Personnel Regulation 4: Employee Relations Resolution

Applicability & Purpose

Pursuant to relevant law, this Personnel Management Regulation (PMR) restates the County’s Employee-Employer Relations Resolution No. 2001-86 established for the orderly administration of labor management relations as provided for in California Government Code 3500-3501.

4.1 Employee's Rights

A. Enumeration. Each employee of the County of Marin will enjoy, among others, the following rights:

The right to organize and join an employee organization of his or her choice, subject to the provisions of this resolution.
The right to refuse to join or participate in the activities of employee organizations.
The right to represent himself or herself individually in his or her employment relations with the County, except for the purpose of meeting and conferring over issues within the scope of representation if such employee is represented by a recognized employee organization.

B. Non-Interference

Employees will not suffer discrimination, receive preferential treatment or be denied equitable treatment because of membership in any employee organization.
Employees will have complete freedom from management domination and censorship in the exercise of the rights above specified. The Board of Supervisors and/or managerial employees will refrain from any action which might prevent or discourage subordinate employees from seeking organization. Neither the Board of Supervisors nor managerial employees will encourage subordinates to join any organization in preference to any other.

4.2 Representation Units

A. For the purpose of this resolution, a representation unit is the largest feasible grouping of county employees, which has a community of interest.

B. Managerial employees or employees with a confidential relationship to county management will not be included in a representation unit encompassing other types of employees.

C. The Personnel Commission will determine whether classifications included in a request for certification are in fact managerial using the following criteria to define "managerial":

Any individual having responsibility for formulating, administering or managing the implementation of county policies and programs, or any individual having authority in the interest of the County to hire, transfer, suspend, lay off, recall, promote or discharge other employees, or responsibility to direct them, or to adjust their grievances, if in connection with the foregoing he/she is accountable to the appointing authority for such action and the exercise of such accountability is not merely of routine or clerical nature but requires the use of independent judgment.

4.3 Rights of Certified Employee Organizations

A. An employee organization certified as the representative of a majority of all employees in a representation unit in accordance with the procedure hereinafter set forth will be afforded appropriate rights and privileges, including, but not limited to, the following:

The right to have regular membership costs and dues of its members, who so request, collected by payroll deductions pursuant to procedures prescribed by the Auditor-Controller.
The reasonable use of space on bulletin boards either in County departments and/or on County Intranet (MINE).
The right to contact county employees during their duty period, provided that the department head is notified of such activities and such contact does not interfere with public service or safety requirements.
The right to use County conference rooms and meeting facilities on the same basis as other organizations.
The right to distribute information to county employees and, when practicable, to use county information channels for such distribution, as indicated in 2 above.
The right to be informed by management, in advance, before proposed policy, benefit, or working condition changes directly affecting employee interest are made.

4.4 Certification

A. Employee Organization Definition. For the purpose of this resolution, the term "employee organization" will mean any organization, professional society, or union that has as its primary purpose representing employees in their employment relationship with the County.

B. Statement of Representation. An employee organization may file a statement of representation with the Director of Human Resources. Said statement must contain:

Name and address of employee organization.
Names and titles of its officers.
Names of employee organization representatives who are authorized to speak on behalf of the organization.
A statement that the employee organization has, as one of its primary purposes, the responsibility of representing employees in their employment relations with the County.
A statement whether the employee organization is a chapter of, or affiliated directly or indirectly in any manner, with a local, regional, state, national or international organization, and, if so, the name and address of each such other organization.
Certified copies of the employee organization’s constitution and bylaws.
A designation of those persons, not exceeding two in number, and their addresses, to whom notice sent by regular United States mail will be deemed sufficient notice to the employee organization for any purpose.
A statement that the employee organization has no restriction on membership based on race, color, religion, creed, sex, national origin, age, sexual orientation, mental or physical disability or medical condition.
The job classifications or position titles of employees in the unit claimed to be appropriate and the approximate number of member employees therein.
A statement that the employee organization has in its possession proof of employee support as herein defined to establish that a majority of the employees in the unit claimed to be appropriate have designated the employee organization to represent them in their employment relations with the County. Such written proof will be submitted for confirmation to the Human Resources Director or to a mutually agreed upon disinterested third party.
A request that the Personnel Commission formally acknowledge the petitioner as the Certified Employee Organization representing the employees in the unit claimed to be appropriate for the purpose of meeting and conferring in good faith.

4.5 Certification Procedure

A. The organization must be prepared to submit to an inspection by a disinterested party, of either authorization cards signed by employees, or a certified list of the members of the organization; or to provide such other means of authentication as is mutually agreeable.

B. The Director of Human Resources will investigate the statement, confer with affected department heads and organizations and prepare findings as to the feasibility of the proposed unit and authentication of the representative status of the organization.

C. The Personnel Commission at its next scheduled meeting will hold a public hearing at which the claiming organization, other organizations and County management may present arguments and may submit written briefs.

D. The Commission may:

Require holding a secret ballot election within the proposed or finally established unit to determine majority wishes or resolve conflicting representation claims. If the County establishes that a majority of the employees in an appropriate bargaining unit desire the representation, pursuant to Government Code Section 3507.1, majority recognition will be granted.
Establish the unit as proposed or with modifications.
Establish one or more units which vary from the proposed unit, either to resolve conflicting claims or to better reflect community of interest, or for reasons of administrative feasibility.
Dismiss the request on grounds of insufficient showing of representation, inconsistency with policy established in Section 4.2, above, or for any reason inconsistent with the objectives set forth herein.

E. The Commission will render its decision within five days of the close of the public hearing, or of such period as may be provided for the filing of the briefs. In the event of a dismissal or a modification of the proposed unit, any party thereto may file an appeal with the Board of Supervisors within ten days. The Board will consider the matter on the record, and its decision will be final.

4.6 Effect of Decision

A. A decision establishing and defining a representation unit will be accompanied by a certification that an employee organization represents a majority of all employees in the unit if such is the case, and such organization will be deemed to be certified.

B. An organization not certified may nevertheless represent its members to the extent required by Government Code Sections 3500-3509 as currently in effect and as amended in the future.

C. A decision establishing a unit, certifying or decertifying a majority representative, or dismissing a claim is valid and effective for a period of one year, and may be renewed without hearing for additional one-year periods except as provided below.

4.7 Modification of Established Unit and Decertification

A. A petition for modification of a unit and/or decertification may be filed with the Director of Human Resources after the initial one year or during a window period of no more than 180 days or less than 150 days prior to the expiration date of a collective bargaining agreement between the certified organization and the County, if the term of the collective bargaining agreement is three years or less, whichever is later. If the term of the collective bargaining agreement is more than three years, the window periods for filing shall be: (1) not more than 180 days and not less than 150 days prior to the third anniversary of the agreement's effective date; and (2) thereafter not more than 180 days and not less than 150 days prior to the end of each subsequent year of the agreement, until expiration of the agreement.

B. Such petition may be filed by:

The certified organization as a disavowal of interest;
Another organization provided the petition is accompanied by authorization cards signed by at least thirty per cent of all employees in the proposed unit;
Any group of employees consisting of at least thirty per cent of all employees in the unit;
The County Administrator for reasons related to substantial changes in County functions, organizational structure or job classifications.

C. The certification procedure will be as set forth in 4.5, above.

4.8 Conferences

A. General. Each certified organization may meet and confer with County representatives to the extent reasonably necessary to represent its members regarding salaries, hours, working conditions, and other similar matters relating to the welfare of employees. When requested, County representatives will meet and confer, in good faith, with employee organization representatives, and endeavor to reach agreement.

B. Frequency and Duration. The frequency and duration of such conferences may be limited by the County Administrator upon the basis of the number of employees represented by the organization and the nature of the matters to be discussed.

C. Coordination. The County Administrator may request that two or more employee organizations meet with County representatives, at the same time, to discuss similar or related issues.

4.9 Collective Bargaining

A. Agreements. Any collective bargaining agreement reached by County representatives and representatives of an organization certified as representing a majority of the employees in a representation unit will be reduced to writing and will bind the County of Marin and the signatory organization, if ratified by the Board of Supervisors.

B. Arbitration and Mediation. If agreement is not reached in negotiations between County representatives and representatives of an organization certified as representing a majority of the employees in a representation unit, mediation or arbitration of the issues remaining in contention may be sought by mutual consent of the Board of Supervisors and the organization (the latter according to the procedures of the American Arbitration Association). Results of the arbitration will be binding on all parties.

C. Board of Supervisors Action. If the parties have agreed to submit the dispute to mediation and have failed to resolve the dispute through mediation the Board of Supervisors may take such action regarding the impasse as it in its discretion deems appropriate. Any action of the Board of Supervisors on the impasse will be final and binding.

4.10 Grievances

A grievance procedure will be established by the Personnel Commission and adopted by the Board of Supervisors which will provide a uniform procedure available to all county employees to seek adjustment of grievances arising out of their employment relations. This grievance procedure is set forth in PMR 24.

4.11 Other Laws

Nothing contained herein will be deemed to modify or abrogate existing rights and responsibilities of the County and/or its employees to the extent they are governed by State law or county ordinances.

4.12 Jurisdiction

Other than as specifically indicated above with respect to certification and representation units, the County of Marin will not assume responsibility for determining jurisdictional boundaries among and between the various organizations purporting to represent county employees. Jurisdictional disputes will be resolved between the organizations involved without disruption of, or interference with, County operations.

Approval

Effective Date: January 2005
Revision. No.: 0
Prepared By: Laura Armor
Approved: ss/President, Board of Supervisors

Return to Contents

Section 2: Personnel Conduct and Standards of Employment

Personnel Regulation 20: Employee Standards of Conduct

Applicability & Purpose

This Personnel Management Regulation (PMR) defines general standards of conduct for County employees. Please also see related PMRs in this section associated with employee standards of conduct.

20.1 Code of Ethics

A. Each officer, official and employee has an obligation to the citizens, to the people’s elected representatives and to fellow employees to meet the highest ethical and professional standards and to enhance the public’s respect and trust for the County government and its operations.

B. Employees of the County have responsibilities unique from their counterparts in private industry. Employment with the County carries an obligation of personal integrity and conduct that serves to establish public respect, confidence, and trust.

C. Employees represent the County of Marin and the quality of County service is judged through their performance and conduct. The citizens of Marin have the right to expect that County employees will provide services in an efficient, thorough and courteous manner. It is intended that the rules and procedures which follow will assist employees in maintaining high ethical standards and proper job performance, and in avoiding potential conflicts of interest both in fact and appearance.

D. The County, as a condition of employment, expects to receive from the employee:

Initiative and a conscientious effort to perform productive work.
Cooperative, positive, responsive, and courteous relations with fellow employees, supervisors, subordinates, and the public.
A continuous effort to strive for greater knowledge and skill on the job in order to maintain performance at a high level.
Compliance with all policies, regulations, rules of conduct and ordinances established by the County.
Responsible work habits demonstrated by:
1. Dependability, promptness, reliable attendance, and performing required duties competently,
2. Keeping informed of developments and matters affecting job performance,
3. Being flexible and adaptable to change,
4. Accepting constructive suggestions and criticism.
Neat and clean grooming and attire appropriate to the job assignment. Prescribed uniforms and safety equipment must be worn where applicable.

E. County employees will effectively implement the official policies of the County when serving in their official capacity with customers, clients, and the public and/or when identifying themselves as County employees in the course of their work.

F. No officer, official or employee will accept a fee, compensation, gift, payment of expenses or any other thing of monetary value in any circumstances in which acceptance may result in or create the appearance of any one or more of the following:

Use of public office and/or employment for personal or private gain.
Preferential treatment of any person.
Loss of complete independence or impartiality.
Making a county decision outside of official channels.
Reduction of public confidence in the integrity of county government and/or its employees.
Impeding government efficiency or economy.

G. No employee of the County of Marin will engage in an intimate sexual or romantic relationship with another person while that person is a client of that employee, or when such relationship would create a conflict of interest in fact or in appearance or make it difficult for the department to do its job.

20.2 General Prohibitions

A. Discrimination Prohibited. No person employed by the County of Marin, or seeking employment therewith, shall be discriminated against in recruitment, examination, appointment, training, promotion, retention, discipline, or any other aspect of personnel administration because of race, color, religion, national origin, ancestry, marital status, sex, age, physical or mental disability (including ARC and/or HIV positive), sexual orientation, political or religious opinions or affiliations, taking of FMLA or pregnancy disability leave, religious creed, medical condition, gender identity, or any other factor unrelated to the job.

B. Nepotism Prohibited. No appointing authority will employ any person related to the appointing authority by blood, domestic partnership or marriage or by marital-type relationship. No person shall be employed in a position directly supervised by a person related to him or her by blood, marriage or marital-type relationship without the approval of the County Administrator after recommendation by the Director of Human Resources. It is recognized that there are occasions where exceptions may be made on a temporary or occasional basis due to a temporary need. Marital-type relationship is defined as two or more people living together in a family relationship without legal or blood ties. An employee is required to notify the appointing authority if the employee enters into a marriage, domestic partnership, or marital type relationship with another employee where a supervisor/subordinate relationship exists.

C. Anti-Fraternization. The County recognizes that employees may develop consensual personal relationships with other employees in the course of their employment. However, consenting “romantic” or sexual relationships between a supervisor and an employee who reports to that supervisor directly or indirectly (through other levels of supervision) may lead to actual or potential problems of supervision, favoritism, morale, misunderstandings, safety, conflicts of interest, or harassment claims, including claims of sexual harassment. Any such relationship may therefore be contrary to the best interests of the County.

Supervisor/Subordinate Sexual or Romantic Relationships Discouraged. The County strongly discourages such relationships and any conduct (such as dating between a supervisor and an employee) that is designed or may reasonably be expected to lead to the formation of a romantic or sexual relationship.
Supervisors have the Obligation to Report Sexual or Romantic Relationships. Supervisors must recognize the impact of dating, romantic, or sexual relationships on the equitable and efficient operation of the workplace and the County’s need to take appropriate action to mitigate the impact. Therefore, if a romantic or sexual relationship between a supervisor and an employee should develop, it shall be the responsibility and mandatory obligation of the supervisor to promptly disclose the existence of the relationship to the employee’s Department Head. The employee may make the disclosure as well, but the burden of doing so shall be upon the supervisor.
The County recognizes the ambiguity of and the variety of meanings that can be given to the term “romantic”. It is assumed, however, that either or both of the parties to such a relationship will appreciate the common sense meaning of the term as it applies to either or both of them, and will act in a manner consistent with this policy.
County Action. Upon being informed or learning of the existence of such a relationship, the Department Head, in consultation with the Director of Human Resources, may take all reasonable steps that he or she deems appropriate in order to eliminate actual or potential problems of supervision, favoritism, morale, misunderstanding, safety, conflicts of interest, or harassment claims. At a minimum, the employee and supervisor may not thereafter be permitted to work together on the same matters (including matters pending at the time disclosure of the relationship is made), and the supervisor must withdraw from participation in activities or decisions (including, but not limited to hiring, evaluations, promotions, compensation, work assignments, discipline, or other terms and conditions of employment) that may reward or disadvantage any employee with whom the supervisor has or has had such a relationship.

D. Retaliation Prohibited. The County prohibits retaliation against any employee for engaging in protected activity in good faith. Protected activity includes filing a complaint, participating or cooperating in an investigation, or testifying in a proceeding regarding discriminatory conduct, regulatory violations, illegal activity, or unsafe working conditions or industrial injury.

20.3 Improper Political Activity

A. Political Activity Prohibited. Coercion of or by employees or use of positions for political purposes is prohibited. Employees of federally grant-aided programs are subject to applicable state and federal statutes establishing limitation on participation in political activities.

B. Improper Political Activity. No one employed by the County will engage in political activities on County premises, while engaged in official duties, using County equipment, or wearing an official county uniform.

C. Solicitation of Contributions. No officer or employee of the County and no candidate for any County office will directly or indirectly coerce, attempt to coerce command or advise anyone holding a position with the County or seeking appointment to such a position to pay, lend or contribute anything of value to a party, committee, organization, agency or person for political purposes.

20.4 Maintenance of Confidential and/or Privileged Information

Information used and/or accessed in the course of employment, if privileged by virtue of the employee’s position and/or confidential, will not be discussed outside the work environment and only as the law requires.

20.5 Outside Employment

A. General. No full-time appointed officer or employee may engage in outside employment unless prior written approval is granted. Outside employment must not be inconsistent, incompatible, in conflict with, or harmful or unfavorable to his or her duties as a County employee, or reduce the efficiency of the employee in County employment. The hours and schedule worked in outside employment also require approval and require, at minimum, one full 24-hour day of rest per calendar week. A general guideline is, for outside employment of indefinite duration, no more than four hours in a County workday, eight hours within a County five-day work week, or 16 hours within a calendar week.

B. Process. An employee must file a Request to Engage in Supplemental Employment Form (provided as PMR 20 - Form 1) with their department head for each outside employment. Approval is required by the department head and the Director of Human Resources or designee prior to engaging in any outside employment. Request forms must be submitted annually if the outside employment lasts more than one year.

C. Revocation. Approval may be rescinded at any time if, in the judgment of the department head, the outside employment is inconsistent with, incompatible with, in conflict with, or harmful or unfavorable to the employee’s duties as a County employee.

D. No Outside Employment When on Workers’ Compensation. An employee will not engage in outside employment while on workers’ compensation leave status with the County. Under special circumstances of undue hardship, the County Administrator may consider authorizing outside employment upon request.

E. Use of County Equipment Prohibited. No County owned equipment, computer, automobile, truck, instrument, tools, supply, machine, or any other item which is the property of the County will be used by the employee while said employee is engaged in any outside employment. No employee will allow any unauthorized person to rent, borrow or use any of the items mentioned above.

20.6 Drug and/or Alcohol Use

A. In order to ensure safe and productive work practices free from the influence of impairing drugs and alcohol, and to comply with the federal Drug-Free Workplace Act of 1988, the County requires that an employee:

Not report to scheduled work or be on call while his or her ability to perform his or her job duties is impaired due to on or off duty alcohol or drug use. When an employee is called to report to unscheduled work when not on call, s/he should advise the supervisor if s/he is impaired under this policy and unable to work.
Not use alcohol or illegal drugs and/or prescription drugs without a prescription, during work hours or while subject to duty (on call), on breaks, or at any time while on County paid status or worksite property, except for alcohol served after working hours at an authorized function such as a retirement party.
Not directly or through third parties sell or provide illegal drugs to any person, including any employee while either or both employees are on duty or on call.
Notify the department head of any criminal drug conviction for a violation occurring in the work place no later than five days after conviction.

B. Employees who violate the above policy, or are convicted on criminal drug statute violations occurring at the work place, or who fail to give the notice required above shall be subject to the appropriate personnel action, up to and including termination, and/or may, where appropriate, be required to participate in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency.

C. The County has established an Employee Assistance Program (EAP) to assist those employees who voluntarily seek help for alcohol or drug problems. Employees should contact the EAP directly or the Human Resources Department for additional information. Such contact and referral shall be strictly confidential. Drug and alcohol abuse are treatable illnesses and employees are encouraged to seek the assistance of the Employee Assistance Program to obtain treatment and rehabilitation.

D. The County reserves the right to search, without employee consent, all areas and properties in the County over which the County maintains control or joint control with the employee.

Managers and supervisors will not physically search the person or employee, nor will they search the personal possessions or private property of the employee, such as the employee’s vehicle, briefcase, purse, bag, etc. without the freely given written consent of, and in the presence of, the employee.

E. Managers and supervisors are responsible for reasonable enforcement of this policy, and may direct, with the approval of the appointing authority or designee in conjunction with the Human Resources Director or designee, that an employee submit to a drug and/or alcohol test when a manager or supervisor has a reasonable suspicion that an employee’s ability to perform his or her duties is impaired due to being intoxicated or under the influence of drugs or alcohol while on the job or on call.

“Reasonable suspicion” is a belief based on objective facts sufficient to lead a reasonably prudent trained supervisor to suspect that an employee is under the influence of drugs or alcohol so that the employee’s ability to perform the functions of the job is impaired or so that the employee’s ability to perform his/her job safely is reduced.
Reasonable suspicion must be based on short-term indicators such as, but not limited to, blurry eyes, slurring of speech, alcohol odor on the breath, or observation of possession of alcohol or drugs. The supervisor may not rely on long-term signs such as absenteeism or tardiness alone to support the need for a reasonable suspicion test. Although only one supervisor is needed to determine reasonable suspicion, a second supervisor is advisable and, when practicable, another trained supervisor may be called upon by the suspecting supervisor to observe the indicator(s).
It will be the discretion of the supervisor, based upon the particular circumstances, to determine whether or not an investigatory interview is necessary when directing an employee to submit to a drug or alcohol test. When such an investigatory meeting is held, as much as possible, the employee will receive notice as to the purpose of the meeting, and of the right to representation if the employee believes the investigation could lead to disciplinary action for him or her.
Any manager or supervisor directing an employee to submit to a drug and/or alcohol test will document in writing the facts constituting reasonable suspicion that the employee in question is intoxicated or under the influence of drugs.
Any manager or supervisor encountering an employee who refuses an order to submit to a drug and/or alcohol analysis upon direction shall remind the employee of the requirements and disciplinary consequences of this policy. Where there is reasonable suspicion that the employee is then under the influence of alcohol or drugs, the manager or supervisor will arrange for the employee to be safely transported home.
To ensure that supervisors are trained to make reasonable suspicion determination, supervisors vested with the authority to demand a reasonable suspicion drug and/or alcohol test will attend at least one hour of training on alcohol misuse and at least one hour of training on controlled substance misuse. The training will cover the physical, behavioral, speech and performance indicators of probable alcohol misuse and use of controlled substances. The County will provide training on a recurring basis, and such training will be available to any County supervisor.
Testing shall be done by a laboratory licensed and certified by the California Department of Health Services, Laboratory Field Services, as a medical and forensic laboratory which complies with federal guidelines and which includes procedures to be used as set forth in PMR 22.8.

20.7 Use of County Facilities or Property

No County property will be used by an employee without express authorization of the department head or designee and as necessitated by the employee’s position.

20.8 Smoking Prohibited

Smoking cigarettes, cigars or other tobacco products is prohibited in all places of employment with enclosed facilities 24 hours a day. This includes common work areas, meeting or conference rooms, restrooms, hallways, elevators, stairs, lobbies, classrooms, private offices, county vehicles, employee lounges and cafeterias, medical facilities, auditoriums, and all other enclosed work facilities. Smoking is also prohibited within 20 feet of the entrance, doorway, window, etc. to any county building.

20.9 Employee Responsibilities as Disaster Service Workers

A. A Disaster Service Worker provides disaster service assistance during an emergency pursuant to State of California Title 19, CCR, §2570.2(a). All County of Marin public employees are Disaster Service Workers when ordered to assist during disasters by their supervisors. Employees are registered with the Marin County Disaster Council, an approved body by the California Emergency Council. Employees must perform emergency duties when directed by that body or person with that authority.

B. County employees on duty at the time of a major disaster may be incorporated into the disaster response immediately. In accordance with each department’s procedures for notification and call back, employees not on duty at the time of a major disaster may be called in to work to accept a disaster response assignment.

Approval

Effective Date: January 2005
Revisions No. : 0
Prepared By: Laura Armor
Approved: ss/President, Board of Supervisors

Personnel Regulation 21: EEO and Anti-Harassment

Applicability & Purpose

This Personnel Management Regulation (PMR) defines County of Marin policy and procedure for Equal Employment Opportunity, Anti-Harassment and Anti-Retaliation in employment.

21.1 Policy

A. The Marin County Board of Supervisors, in compliance with all applicable federal, state and local laws, is committed to being an equal opportunity employer and has zero tolerance for any form of discrimination, harassment, or retaliation based on any Protected Class, as defined below in Section 21.1 B. All personnel actions including, but not limited to, recruiting, hiring, training, promoting, compensating, transferring and laying off, shall be based on merit and job requirements, without regard to Protected Classes.

B. Protected classes include actual or perceived membership in the following classes: (a) sex; (b) race; (c) color; (d) ancestry; (e) religious creed; (f) national origin; (g) physical or mental disability; (h) medical condition; (i) age; (j) marital status; (k) the taking of protected family and medical leave; (l) sexual orientation, (m) gender identity or expression; and n) genetic information. (collectively “Protected Classes” or individually “Protected Class”).

C. It is the duty and responsibility of all appointing authorities and County employees to adhere to the provisions of this policy.

D. County personnel procedures will not allow for the use of or collaboration with any organization that prohibits employment in violation of federal or state discrimination laws.

E. This policy of equal employment opportunity will be a part of new employee orientation.

21.2 Discrimination and Retaliation

A. Discrimination Defined

In conformance with the Board policy to provide a workplace free from discrimination and to provide for equal employment opportunities, barring any lawful or valid reasons, all employees and applicants will have equal access to County operations and employment regardless of their actual or perceived status in a Protected Class.

B. Retaliation Defined

Retaliation constitutes a violation of this policy. Retaliation is defined as any adverse employment action which would not have occurred but for the complaining party’s engaging in opposition to employment practices that violate the County’s equal employment or anti-harassment policies. An adverse employment action could include but is not limited to a decrease in pay, change of hours, or reduction in authority and responsibility. Retaliation for filing a complaint about, or participating in, a PMR 21 investigation is also a violation of this policy and will not be tolerated.

21.3 Harassment

A. Harassment Defined

Harassment constitutes a violation of this policy.
Harassment is unwelcome verbal, physical, visual, written or environmental misconduct based on a Protected Class, which is offensive to a reasonable person in like or similar circumstances.
Prohibited harassment can consist of virtually any form or combination of verbal, physical, visual/written or environmental conduct. It need not be explicit, or even specifically directed at the victim.
Prohibited harassment includes, but is not limited to, the following misconduct:
1. Verbal Misconduct: remarks, slurs, jokes, or innuendos based on a Protected Class or perceived status in a Protected Class.
2. Physical Misconduct: touching, assault, gestures, or physical interference with movement based on actual or perceived status in a Protected Class.
3. Visual or Written Misconduct: Display or circulation of material, such as, but not limited to, posters, cartoons, drawings, computer graphics, e-mails, or other depictions based upon actual or perceived status in a Protected Class.
4. Environmental Misconduct: Other misconduct based on a Protected Class or perceived status in a Protected Class.
County employees, applicants and persons providing services pursuant to a contract are eligible to file a complaint of harassment under this policy.

21.4 Complaint Resolution Process for Alleged Discrimination, Harassment or Retaliation

A. Reporting Obligations

Supervisors and Managers
1. Supervisors and managers are responsible for taking all steps necessary for all employees to promote equal opportunity employment and prevent discrimination, harassment, and retaliation from occurring within the County of Marin workplace. These steps include taking immediate action to stop any equal employment violation, harassment or retaliation and taking appropriate disciplinary action after timely investigation, where appropriate.
2. If an employee communicates alleged discrimination, harassment and/or retaliation, the manager, supervisor, department head or person performing supervisory duties to whom the allegation is communicated will ensure that it is reported to the Equal Employment Officer or Director of Human Resources. In the event the allegation involves the Human Resources Department, the allegation should be communicated to the County Administrator. Failure to report such an allegation may result in disciplinary action.
3. If the employee declines to complete the PMR 21 Complaint Form (hereinafter “Complaint Form”) the manager, supervisor or person performing supervisory duties will complete the Complaint Form and attempt to confirm with the complainant that the form is correct and request that the complainant sign the form. The person completing the form shall submit it to the appropriate person within fourteen (14) calendar days of being informed about the alleged violation by the employee.
Other Employees
All persons are strongly encouraged to report to their manager, supervisor or person performing supervisory duties, the Equal Employment Officer, Director of Human Resources, or the County Administrator any instances of an alleged violation of PMR 21 which they have directly observed, whether or not reported by the employee who is the object of the alleged conduct.
All Employees
1. Complaints under this policy must be filed within one hundred and fifty (150) calendar days from the date upon which the alleged violation occurred. If an employee or other complainant fails to fully complete the form, he/she will be given an opportunity to amend the complaint form within ten (10) calendar days. Forms must be amended within ten (10) calendar days in order to be processed.
2. All employees shall cooperate with any investigation of alleged violations of this policy conducted by the County, its agents, or employees.
3. Under no circumstances will an employee of the County who believes that he or she has been a victim of any violation of PMR 21 be required to first report that alleged conduct to a supervisor or other authority if that person or authority is the individual who has allegedly engaged in the conduct.
4. All persons are strongly encouraged to immediately report any suspected violation of this policy to their lead worker, supervisor, manager, department head, the Equal Employment Officer, the Director of Human Resources, or the County Administrator. The complainant will be asked to complete, sign, and submit the County’s Complaint Form. The Complaint Form is available on the MINE, from the Director of Human Resources, the Equal Employment Officer or a member of management. The Complaint Form is also provided as PMR 21-Form 1.

B. Investigation

The investigation will be conducted in a way which ensures, to the extent feasible, the privacy of the parties involved. All investigations will be conducted in compliance with any applicable state and federal laws or regulations, including but not limited to the Public Safety Officers Procedural Bill of Rights Act and the Firefighters Procedural Bill of Rights, where appropriate.
Complaints meeting the criteria for harassment, retaliation or discrimination as described in this policy will be fully and impartially investigated and/or immediate appropriate corrective action will be taken.
The Equal Employment Officer will notify the complainant and the subject and, as appropriate, the applicable department head(s). The subject and the complainant have the right to a representative of his or her choice during such interview and shall be notified prior to the interview.
Within fourteen (14) calendar days of the filing of a complaint, the Equal Employment Officer or other person assigned by the Director of Human Resources will initiate an investigation.

Within one hundred and eighty (180) calendar days of the initiation of the investigation, the person designated to investigate and/or resolve the complaint will report, in writing, the findings of fact to the Equal Employment Officer or the Director of Human Resources upon completion of the investigation. If the investigator has not completed the investigation within one hundred and eighty (180) calendar, prior to the expiration of this deadline the investigator shall inform the complainant and the subject of the investigation of the reason s/he is unable to issue a report within the required time period and shall provide an estimated time for completion, which shall not exceed an additional ninety (90) calendar days. If the investigation has not been concluded within a total of two hundred and seventy (270) calendar days from its initiation and an appeal is available under section 21.5, the complainant may file an appeal unless the parties mutually agree to an extension of these timelines.

After the Director of Human Resources receives the results of the investigation, the Director of Human Resources will determine whether the policy has been violated and will communicate this determination to the Department Head.

Upon completion of consultation with the Department Head or designee, within thirty (30) calendar days of the receipt of the investigation findings, the findings of the investigation and whether any action will be taken, will then be communicated to the complainant and subject.
In the event a complaint is sustained, remedial action will be decided in accordance with County policy and based upon the advice of the Director of Human Resources. If disciplinary action is taken, it shall be done in accordance with PMR 47. Due to the confidential nature of disciplinary actions, the complainant will not be informed of the particular remedial action taken.
For all purposes under Section 21.4 B. Investigations, any reference to the Equal Employment Officer, Director of Human Resources or Department Head shall mean the County Administrator if the complaint is against the respective office holder. If the complaint is against the County Administrator the complaint will be referred to the President of the Board of Supervisors for action.

21.5 Discrimination Appeals

A. Right to Internal Appeal

If an applicant or employee is dissatisfied with the determination of a discrimination, harassment or retaliation complaint under 21.4 B. 4., the applicant or employee may petition in writing for a hearing provided that one or more of the following conditions exist:

Examination Appeal
The Complainant alleges he/she was not advanced in the examination process due to discrimination based on a Protected Class.
Selection Appeal
The Complainant alleges he/she was not selected for a position in the County of Marin due to discrimination based on a Protected Class.
Classification Appeal
A dispute exists between the employee (Complainant) and his or her department as to whether the employee is properly classified, or the employee’s classification was studied and the study resulted in a recommendation of no change or a lesser classification and the Complainant alleges that such action or inaction was due to discrimination or retaliation based on a Protected Class.
Discipline Appeal
The Complainant alleges he/she was suspended, demoted, dismissed or had a reduction in compensation due to discrimination or retaliation based on a Protected Class. Such disciplinary appeals shall be filed within the timeframes set forth in PMR 47.7B. or 47.7.C.

It may be necessary to stay PMR 47.7B. or 47.7.C. timelines in order for Human Resources to process the PMR 21 complaint. Under these circumstances, the PMR 47.7.B. or 47.7.C. appeal timeline shall commence upon the determination of the investigation under 21.4.B. 4.
Other Discrimination or Retaliation Appeals
The Complainant alleges another form of discrimination or retaliation based on a Protected Class. Discrimination, for the purpose of appeals, occurs when an adverse employment action, which is based upon a protected class, results in a material impact to the employee’s terms, conditions or privileges of employment.

B. Internal Appeal Procedure

The petition shall be filed with the Director of Human Resources within fourteen (14) calendar days (except for allegations under 21.5 A.4.) after receipt of the determination provided under PMR 21.4 B. 4.

Appeals under 21.5 A.4. (Discipline Appeals) shall be filed with the Director of Human Resources within the timeframes set forth in PMR 47.7 B. or 47.7. C, unless it is necessary to stay timelines in order for Human Resources to process and/or investigate the PMR 21 complaint. It may be necessary to stay PMR 47.7B. or 47.7.C. timelines in order for Human Resources to process the PMR 21 complaint. Under these circumstances, the PMR 47.7.B. or 47.7.C. appeal timeline shall commence upon the determination of the investigation under 21.4.B. 4.
Appeals of PMR 21 investigations shall be heard by an ALJ mutually selected by the County and the Complainant.

The ALJ shall conduct a full evidentiary hearing and shall make a final decision on whether PMR 21 was violated and if so what shall be the remedy. The parties may, however, at any time mutually agree to a settlement or alternate disposition of the complaint.
The general hearing procedures and rules outlined in PMR 3 shall be followed by the ALJ, except as provided by 21.5 B4.
An appeal under 21.5 A4 (Discipline Appeals) shall be conducted in accordance with the hearing procedure set forth in PMR 47.8. The hearing shall be conducted by an ALJ and will concern the alleged discrimination or retaliation complaint and the disciplinary action. The ALJ shall issue written findings with respect to both the alleged discrimination or retaliation complaint and the disciplinary action.

The written findings issued by the ALJ regarding the disciplinary action shall be reviewed by the Personnel Commission. Based on such written findings, the Personnel Commission shall adopt, modify or reject the ALJ’s findings and decision pertaining to the disciplinary action. If the Personnel Commission adopts the ALJ’s findings and decision, it shall issue the ALJ’s decision as its own. If the Personnel Commission modifies or rejects the ALJ’s decision, the Personnel Commission shall issue its own written findings and decision as set forth in PMR 47.9.
The granting of an evidentiary hearing related to a PMR 21 violation(s) shall be binding on all parties, reviewable by writ of mandate to the Superior Court pursuant to Code of Civil Procedure § 1094.5.
The cost of the ALJ shall be paid by the County.

21.6 External Complaint

A. The Human Resources Department will make available upon request information from the Department of Fair Employment and Housing and/or the Equal Employment Opportunity Commission regarding filing claims of equal employment opportunity violations, harassment, or retaliation with these entities.

B. The County’s obligation to defend and indemnify its officers and employees is prescribed by California Government Code Sections 825 et seq. and 995 et seq. For allegations of harassment filed against a County employee in a court of law or other appropriate outside governmental agency, the determination to provide the employee with legal representation and/or pay the cost of settlement or judgment will be made consistent with all applicable requirements of the California Government Code including but not limited to those listed above.

Approval

Revised Date: June 2015
Revisions No. : 2
Prepared By: Roger Crawford
Approved: ss/Katie Rice

PMR 22: DOT Drug and Alcohol Policy- Safety Sensitive Positions

Applicability & Purpose

This Personnel Management Regulation (PMR) establishes the County of Marin policies and procedures to comply with the United States Department of Transportation Federal Highway Administration’s Federal Omnibus Transportation Employee Testing Act of 1991. This federal law mandates that all organizations with 50 or more employees who drive safety-sensitive vehicles ensure their employees are fit to perform these functions by adopting a comprehensive policy and conducting drug and alcohol tests. These tests are to be conducted on a pre-employment, random, post accident, reasonable suspicion, and return to duty basis.

22.1 General

Effective January 1, 1995, the County of Marin is required to comply with the United States Department of Transportation regulation implementing the Federal Omnibus Transportation Employee Testing Act of 1991. The regulations were revised effective August 2001 and this policy incorporates the changes. The County must comply with the regulations of the Federal Highway Administration [FHWA]. Adoption of a policy is one of the County’s obligations under the regulations. This policy sets forth the rights and obligations of covered employees. Employees covered by these new requirements (who perform a safety-sensitive function which requires a California Commercial Driver’s License) should familiarize themselves with the provisions of the policy because compliance with this policy is a condition of employment.

22.2 Employee Questions

Employees shall refer any questions regarding their rights and obligations under the new regulations to the Human Resources Department.

22.3 Covered Employees

Employees holding positions in the following classifications are subject to this policy, as well as others who meet the definition under 22.4 below:

Class Title

Deputy Sheriff (Only those performing Jail bus transport driving assignment)
Fire Heavy Equipment Mechanic
Heavy Equipment Mechanic
Road Maintenance Supervisor
Road Maintenance Worker I/II
Senior Road Maintenance Worker
Sign Fabricator
Sr. Road Maintenance Supervisor
Traffic Safety Maintenance Supervisor
Traffic Safety Maintenance Worker

22.4 Definitions

A. Safety Sensitive Function. The regulations of the FHWA prohibit certain conduct (see Section 22.5, below) while performing and prior to performing safety sensitive functions. A safety sensitive function is considered to be driving one of the following vehicles:

A vehicle with a gross combination weight of at least 26,001 pounds inclusive of a towed unit with a gross vehicle rating of more than 10,000 pounds;
A vehicle with a gross vehicle weight of at least 26,001 pounds;
A vehicle designed to transport 16 or more passengers, including the driver; or
A vehicle designed to transport those hazardous materials found in the Hazardous Materials Transportation Act.

B. Illegal Drugs. The regulations define illegal drugs as any of the following:

Amphetamines
Cannabinoids [Marijuana]
Cocaine
Opiates
Phencyclidine [PCP]

C. Alcohol Concentration means the alcohol in a volume of breath expressed in terms of grams of alcohol per 210 liters of breath. Alcohol limits in this policy are expressions of alcohol concentration.

D. An accident occurs when as a result of an occurrence involving the vehicle, any of the following occur: bodily injury, a vehicle suffers disabling damage, an individual dies, or when a State or local law enforcement authority issues a citation to the covered employee for a moving violation arising from the accident.

E. Performance means actually performing, ready to perform, or immediately available to perform any safety sensitive function.

22.5 Prohibitions Mandated by the Regulations

A. Covered employees shall not be under the influence or in possession of controlled substances or alcohol during any work hours. This includes, but is not limited to:

Reporting for duty or remaining on duty requiring the performance of safety sensitive functions while having an alcohol concentration level of 0.04 or greater. Performance means actually performing, ready to perform, or immediately available to perform any safety sensitive function;
Performing a safety sensitive function within four hours of using alcohol;
Being on duty or operating a vehicle described in Section III above, while possessing alcohol;
Using alcohol while performing a safety sensitive function;
Reporting for duty or remaining on duty requiring the performance of safety sensitive functions when the employee used any controlled substance, except if the use is pursuant to the instructions of a physician who has advised the employee that the substance does not adversely affect the employee’s ability to safely operate a vehicle;
Reporting for duty or remaining on duty requiring the performance of safety sensitive functions if the employee tests positive for controlled substances;
Refusing to submit to any alcohol or controlled substance test required by this policy. A covered employee who refuses to submit to a required drug/alcohol test will be treated in the same manner as an employee who tested 0.04 or greater on an alcohol test or tested positive on a controlled substance test.

B. A refusal to submit to an alcohol or controlled substance test required by this policy includes, but is not limited to:

A refusal to provide a breath sample for an alcohol test or a urine sample for a drug test;
An inability to provide an adequate breath or urine sample without a valid medical explanation;
A refusal to complete and sign the breath alcohol or drug testing form or to otherwise cooperate with the testing process in a way that prevents the completion of the test;
Tampering with or attempting to adulterate the specimen or collection procedure;
Not reporting to the collection site in the time allotted by the supervisor or manager who directs the employee to be tested;
Leaving the scene of an accident without a valid reason as to why authorization from a supervisor or manager who shall make a determination whether to send the employee for a post-accident drug and/or alcohol test was not obtained;
Consuming alcohol during the eight hours immediately following an accident, unless that employee has been informed that his/her actions have been discounted as a contributing factor, or if the employee has been tested.

C. In addition to the above prohibitions, employees are reminded of their obligations under the Federal Drug Free Workplace Act of 1988. All employees covered by this Policy have previously been provided with a copy of the County’s Drug Free Workplace Statement or new Policy on Drug and/or Alcohol Use (PMR 20.6).

22.6 Consequences of Employee Found to have Alcohol Concentration Levels of 0.02 or Greater but Less Than 0.04

An employee whose alcohol test indicates an alcohol concentration level of at least 0.02 but less than 0.04 will be removed from his or her safety sensitive position for at least 24 hours. Such an employee may be subject to discipline up to and including termination.

22.7 Circumstances Under Which Drug and Alcohol Testing will be Imposed On Covered Employees

A. Pre-Employment Testing. All applicants for classifications which are covered by the DOT regulations (see covered employee above) as well as all employees who transfer from classifications which are not covered to classifications which are covered will be required to submit to pre-employment/pre-duty drug and alcohol testing. Applicants will not be assigned to a safety sensitive position if they do not pass the tests.

B. Post Accident Testing

Post accident drug and alcohol testing will be conducted on employees following an accident (see definition of accident above) where the employee’s performance cannot be discounted as a contributing factor. The decision as to whether or not the employee’s performance can be discounted will be that of a supervisory or management employee. The presumption is for testing. The only reason an employee will not be tested following an accident is if a determination is made the employee’s performance could not have been a contributing factor.
If a fatality occurs, or bodily injury occurs or a vehicle suffers disabling damage, the employee will be tested irrespective of whether his/her involvement may be discounted.
Post-accident alcohol tests shall be administered within two hours following an accident and no test may be administered after eight hours. If the alcohol test is not performed within two hours, the employer must provide written documentation as to why the test was not promptly conducted. A post-accident drug test shall be conducted within 32 hours following the accident. If the post-accident drug test is not conducted within 32 hours following the accident, the employer must provide written documentation as to why.

C. Random Testing

Covered employees will be subject to random alcohol and drug testing as follows:
A random alcohol test will be administered just prior to the employee performing a safety-sensitive function (i.e. driving), while the employee is performing a safety-sensitive function, or just after the employee has stopped performing a safety-sensitive function. Consistent with Federal law, the County will subject at least 25% of the total number of covered employees to random alcohol testing per year.
Consistent with Federal law, a random drug test will be administered to at least 50% of the total number of covered employees per year. Some employees may be tested more than once a year, while others are not tested at all depending upon the random selection.
On the date an employee is selected for random drug testing, his/her supervisor will ensure his/her duties are covered. The employee will receive a written notice in the morning indicating the time he/she is to report to the lab for testing. On the day of the random drug test, the County will provide a lunchtime meal reimbursement to any employee required to go for testing.

D. Reasonable Suspicion Testing

Covered employees are also required to submit to an alcohol or drug test when a trained supervisor has reasonable suspicion to believe that the employee is under the influence of alcohol or controlled substance. The observation must be based on short-term indicators, such as, but not limited to, blurry eyes, slurring of speech, or alcohol on the breath. The supervisor may not rely on long-term signs such as absenteeism or tardiness alone to support the need for a reasonable suspicion test. Although only one trained supervisor is needed to determine reasonable suspicion, when practicable another trained supervisor may be called upon by the suspecting supervisor to observe the indicator(s).
The reasonable suspicion test will be administered within two hours of the observation. If not, the employer must provide written documentation as to why the test was not promptly conducted. No test may be administered after eight hours following the observation.
To ensure that supervisors are trained to make reasonable suspicion determination, supervisors vested with the authority to demand a reasonable suspicion drug and alcohol test will attend at least one hour of training on alcohol misuse and at least one hour of training on controlled substance misuse. The training will cover the physical, behavioral, speech and performance indicators of probable alcohol misuse and use of controlled substances.

E. Return to Duty/Follow Up Testing. A covered employee who has violated any of the prohibitions of this Policy (see Section 22.5, above) must submit to a return to duty test before he/she may be returned to his/her position. The test results must indicate an alcohol concentration of less than 0.02 or a verified negative result on a controlled substance test. In addition, because studies have shown that the relapse rate is highest during the first year of recovery, the employee will be subject to follow-up testing which is separate from the random testing obligation. The employee will be subject to at least six unannounced drug/alcohol tests during the first year back to the safety-sensitive position following the violation. Follow-up testing may continue for a period up to five years.

22.8 Procedures to be used for Detection of Drugs and Alcohol

A. Alcohol Testing

Alcohol testing will be conducted by a trained breath alcohol technician (BAT) by using an evidential breath testing device (EBT) approved by the National Highway Traffic Safety Administration.
A screening test will be conducted first. If the result is an alcohol concentration level of less than 0.02, the test is considered a negative test. If the alcohol concentration level is 0.02 or more, a second confirmation test will be conducted.
The procedures that will be utilized by the lab for collection and testing of the specimen will comply with the regulations set forth in federal law.

B. Drug Testing

Drug testing will be conducted pursuant to the procedures set forth in federal law.
If the urinalysis of the primary specimen tests positive for the presence of illegal, controlled substances or is determined to have been adulterated or substituted, the employee has 72 hours to request that the split specimen be analyzed.
All drug tests will be reviewed and interpreted by a physician (Medical Review Officer) before they are reported to the employee and the County.
With all positive drug tests, the physician (Medical Review Officer) will first contact the employee to determine if there is an alternative medical explanation for the positive test result. If documentation is provided and the Medical Review Officer determines that there was a legitimate medical use for the prohibited drug, the test results may be reported to the County as negative.

22.9 Refusal to Submit to an Alcohol and/or Drug Test

A covered employee who refuses to submit to any required drug/alcohol testing will be treated in the same manner as an employee who tests 0.04 or greater on an alcohol test or a positive test on a controlled substance test.

22.10 Consequences of Failing and Alcohol and/or Drug Test

A. A positive result from a drug or alcohol test may result in disciplinary action, up to and including termination.

B. If a covered employee is not terminated, the employee:

Must be removed from performing any safety-sensitive function;
Must submit to an examination by a substance abuse professional. Upon a determination by the substance abuse professional, the employee may be required to undergo treatment to cure his/her alcohol or drug abuse. The County is not required to pay for this treatment.
May not be returned to his/her former safety-sensitive position until the employee submits to a return-to-duty controlled substance and/or alcohol test (depending on which test the employee failed) which indicates an alcohol concentration level of less that 0.02 or a negative result on a controlled substance test;
Will be required to submit to unannounced follow-up testing after he/she has been returned to his/her safety-sensitive position. (See 22.7.E, above.)
The employee will not be paid for any time he/she is unable to work because of failure to pass an alcohol or drug test.

22.11 Employee Assistance Program (EAP)

Employees that believe they have a substance abuse problem are encouraged to use the County EAP provider. The designated provider for this service is Optum at 1-866-248-4096.

22.12 Verification of Previous Employment as a Safety Sensitive Employee

A. Applicants for safety sensitive positions will be required to comply with DOT regulations that require that the County request from a prior employer particular drug and alcohol testing records for a period of two years prior to the date of a new applicant’s application for a safety-sensitive position or the request of a current employee to transfer to or promote to a safety-sensitive position. An applicant or employee who refuses to sign the release form shall not be permitted to be hired, transferred or promoted to a safety-sensitive position.

B. Information to be released shall include alcohol tests with a result of 0.04 or higher alcohol concentration; verified positive drug tests; refusals to be tested; verified adulterated or substituted drug test results; other violations of DOT drug and alcohol testing regulations; and documentation of the employee’s successful completion of DOT return-to-duty requirements. If the previous employer(s) do not have information about the return-to-duty process, the County will require the applicant to provide this information.

C. The information from previous employers must be obtained as soon as feasible before the employee performs safety-sensitive duties but no later than 30 days from the employee’s first performance of such duties. The County shall not permit the employee to perform safety-sensitive duties if the information has not been received in 30 days or if a good faith effort has been made to obtain the information.

D. The County will maintain a written, confidential record of the information for a period of three years from the date the employee first performs safety-sensitive duties.

E. If the County obtains information that an applicant/employee has violated a DOT drug and/or alcohol regulation, the applicant/employee shall not be permitted to perform safety-sensitive duties unless the information indicted that the applicant/employee has subsequently complied with DOT return-to-duty requirements.

F. The County will provide the previous employer(s) with the applicant’s written consent to release the information.

G. The County is required to provide information as indicated in 22.12.A and 22.12.B, above to other employers when information is requested about current or former employees in safety-sensitive positions. The County must maintain a written record of the information released, including the date, the party to whom is was released, and a summary of information provided.

H. In addition to the above, the County is required to ask the applicant/ employee whether he or she has tested positive or has refused to test on any pre-employment drug or alcohol test for any safety-sensitive position applied for but not obtained during the past two years.

Approval

Effective Date: January 2005
Revisions No. : 0
Prepared By: Laura Armor
Approved: ss/President, Board of Supervisors

Personnel Regulation 23: Electronic Media

Applicability & Purpose

This Personnel Management Regulation (PMR) presents policy and procedure for the use of electronic media by County employees.

23.1 Scope

This Personnel Management Regulation applies to all Marin County employees who use any electronic media provided by the County. Electronic media is defined as computers, computer peripherals, electronic connections, computer software, laptops, voice mail, electronic mail (e-mail), Internet access, World Wide Web access, Intranet (MINE) access, on-line information services, electronic facsimile (fax) files, instant messaging, and any other electronic type of equipment that the County deems as electronic media.

23.2 General Policy and the Use of Electronic Media

A. General. This section defines general policy on the use of electronic media. Please also refer to 23.3 and 23.4, for additional requirements associated with e-mail/voice mail and World Wide Web usage, respectively. County sworn peace officers using electronic media for criminal investigations are excepted from this policy when compliance would interfere with the effectiveness of the investigation.

B. Business Purposes. Electronic media, as outlined in the scope above, are provided for the use of Marin County employees for business-related purposes and as such do not offer privacy protections that one might expect from a personal system.

C. Limited Personal Use, as Authorized. Reasonable and limited personal use is allowed at the sole discretion of the County, normally by the department head. Use of electronic media for personal reasons will be kept to a minimum. Such use will be brief, to the point, and conducted during breaks or lunch, or as otherwise specifically authorized by the department head.

D. Right to Search and Monitor. Supervisors, managers, department heads, as well as computer support personnel, as authorized by the department head, reserve the right to enter, search and monitor the computer files, voice mail, e-mail, encrypted files, or any type of electronic file of any employee without advance notice. Justification for such actions may include monitoring work flow or productivity, and investigating theft, disclosure of confidential business or proprietary information, or personal abuse of the system.

E. Facsimiles. Electronic files of facsimiles (fax’s) sent, received, and/or stored using County equipment should be considered County property and may be subject to search for such reasons as stated above.

F. Computers, Computer Software, Laptops and Computer Files. The County’s computers, software and files stored on the computer or network will be considered as County property. Therefore, these devices may be subject to search for reasons stated above. In addition, all software that resides on any of the County’s computers will be licensed and may be considered the property of Marin County.

G. Software Installations. No employee will install software on any County computer without first receiving permission from the Information Services and Technology Department or authorized department technical staff.

H. No Hardware Tampering. No employee will alter or tamper with any County computer or interfere with its operation. All hardware failures will be immediately reported to the departmental computer specialist or Information Services and Technology (IST). Personnel will not attempt hardware repair unless directed so by the departmental technical staff or IST.

I. Deleted Data. It should be noted that even though an employee may have deleted information or files from any of the electronic media, it does not mean that it is permanently deleted from the system.

J. Records Retention Policy. Electronic media which are considered “County records” will be subject to the County’s record’s retention policies, including the same legal retention periods as paper documents. For the purposes of this PMR, “County records” include: 1) permanent electronic computer files, and 2) telecommunications (e.g., e-mail, instant messaging, and voice mail) which have been downloaded/converted into permanent electronic files, or have been printed to hard copies and stored as permanent files for the purposes of records retention. Thus, e-mail and voice mail which have not been converted to “County records” will be considered transitory communication, and treated similar to unrecorded phone calls, since they are not permanent records.

K. Public Records Act. Under the California Public Records Act, any electronic media message (e.g., e-mail or voice mail) or permanent computer file which has been generated on the County of Marin equipment and system may constitute a “public record”, and may be provided to the public through the California Public Records Act, or may be otherwise discoverable. Thus, employees must always assume that e-mail, instant messaging, voice mail, and permanent computer files are subject to disclosure unless a specific legal basis for non-disclosure exists.

L. General Allowable Uses of Electronic Media. Allowable uses of electronic media for Marin County business purposes include the following (also see 23.3 and 23.4, below, for additional allowable uses):

To facilitate performance of job functions.
To facilitate communication of information within the County.
To coordinate meeting of individuals, locations and resources of Marin County.
To communicate with outside organizations as required in order to perform an employee’s job function.

M. General Prohibited Uses of Electronic Media. Prohibited uses of electronic media include, but are not limited to the following (also see 23.3 and 23.4, below, for additional prohibited uses):

Illegal or impermissible activities as defined as a violation of County policies, regulations, and state and/or federal law.
Committing fraud or stealing data, or equipment.
Using the network for an illegal activity, including violation of copyright, license agreements and other contracts, e.g. downloading music.
Anything that may be construed as harassment or disparagement of others based on race, national origin, sex, sexual orientation, age, disability, religious or political beliefs, or any other protected status pursuant to PMR 21 will not be tolerated. These include, but are not limited to, slurs, obscene messages, materials and pictures.
Threatening messages.
Political endorsements.
Commercial activities including areas of financial gain.
Intentionally disrupting network traffic or crashing the network and connected systems (for example: sabotage, intentionally introducing a computer virus).
Unauthorized access to others’ files with no substantial business purpose, or vandalizing the data of another user.

N. Network Security and Integrity. County employees must also abide by policies and procedures established by Information Services and Technology (IST) for the purposes of maintaining security and integrity of the County’s network system and supporting infrastructure.

O. Violation of Policy. Violation of this policy will be reviewed on a case-by-case basis and may result in disciplinary action, up to and including discharge.

23.3 E-mail, Instant Messaging and Voice Mail

A. Right to Review and Monitor. The County reserves the right to access all voice mail, instant messaging, and e-mail left on or transmitted via the County’s communication systems. Since e-mail, instant messaging, and voice mail messages are County property and intended for County business, County employees will have no right or expectation of privacy in any e-mail or voice mail message in the County’s communication systems. Supervisors and managers will have the right to review any e-mail, instant message, or voice mail messages of any employee supervised by them at any time and for any reason. If the messages to be reviewed are no longer available within the department, the messages may be searched for in other department systems with the approval of the head of that department. The Information Services and Technology Department (IST) monitors the use of the County’s e-mail, instant messages, and voice mail systems and may report to departments any suspected misuses of e-mail or voice mail.

B. Purpose of E-mail, Instant Messaging, and Voice Mail. The purpose of e-mail, instant messaging, and voice mail is to provide a work related communication channel between individuals and groups, and to promote effective and efficient use of time and resources in order to carry out the business of the County. Employees are expected to utilize the County’s communications systems with the same degree of respect, professionalism, and courtesy as is expected of personal face-to-face interactions. As with the telephone, personal e-mail, instant messaging, and voice mail should be: a) confined to those absolutely necessary; b) kept to a minimum; c) brief and to the point; d) to the extent practical, performed on breaks or lunch time, rather than on County work time.

C. Mailing Lists. Administration of the County e-mail and instant messaging systems is a distributed function with each department responsible for the creation and maintenance of its user community and mailing lists appropriate to that department. The Countywide-All Employees mailing list is the consolidation of all departmental All Employees mailing lists. Use of this mailing list is prohibited without the prior approval of the County Administrator or his or her designee.

D. Uses of E-mail, Instant Messaging, and Voice Mail. Listed below are examples of appropriate and inappropriate e-mail, and where applicable, instant messaging and voice mail use.

Examples of Appropriate Use:
1. Providing or requesting information regarding County business (e.g., meeting notification, budget issues, etc.
2. Transmitting a document or file (vs. printing and mailing the document).
3. General announcements within the scope of the sender’s job responsibilities (e.g., employee benefits information sent by the Employee Benefits Supervisor).
4. Informational announcements that need to be communicated to County employees (e.g., parking lot repair schedule).
5. Union business that meets the criteria and standards for Union business as outlined in the applicable collective bargaining agreement and PMR No. 4, Employee Relations Resolution.
Examples of Inappropriate Use:
1. Illegal or impermissible activities as defined as a violation of County policy, state, and/or federal law.
2. Anything that may be construed as harassment or disparagement of others based on race, national origin, sex, sexual orientation, age, disability or religious or political beliefs, or any other protected status pursuant to PMR 21 will not be tolerated. These include, but are not limited to, slurs, obscene messages, materials, and pictures, or religious materials.
3. Anything that may be construed as disruptive, threatening, offensive to others or harmful to morale.
4. Copyright infringement.
5. Items of political nature or having to do with political activities.
6. Unauthorized distribution of personnel or medical information.
7. Use of E-mail when signed documents are required (Note: Use of E-mail to distribute documents for signature is acceptable).
8. Purposely creating any message that purports to be from another person without their permission.
9. Unauthorized use of County mailing lists.
10. Unauthorized access to others’ files with no substantial business purpose, or vandalizing the data of another user.
11. Personal messages such as chain letters, broadly distributed e-mails regarding personal matters or interests.
12. Forging electronic mail messages.
Clarification. If an employee is unsure of what constitutes authorized County business purposes in his or her department, he or she should ask the supervisor, manager, or department head.
Violations. Violations will be investigated and may result in disciplinary action up to and including dismissal from County employment.

23.4 Internet

A. General Usage. The purpose of County Internet services is to distribute information to public constituencies or to conduct research for County job related activities. Use of Internet services is restricted to approved plans/services provided by the Information Services and Technology Department. Access time to Internet services should be kept to a reasonable amount of time. The standard for a reasonable amount of time will be established at the discretion of the department head.

Personal use of the Internet must be authorized by the department head. The duration of reasonable personal use will be established at the discretion of the department head and will only be conducted during breaks or lunch or as otherwise specifically authorized by the department head.

B. Right to Review, Monitor, Report, and Restrict Internet Use. Since Internet access and use are intended for County business, County employees will have no right or expectation of privacy in any Internet activity using County equipment or networks. Supervisors and managers will have the right to review any Internet activity of any employee supervised by them at any time and for any reason. If the activity to be reviewed goes beyond the department, other department systems and records may be searched with the approval of the head of that department. The County may monitor and report on Internet use by County employees. Managers may restrict Internet use by anyone supervised by them at any time and for any reason. The County may restrict access to Internet sites whose content appears to have no purpose related to the business of the County.

C. Uses of the Internet. Except as otherwise noted herein, all Internet activities should be directly related to Marin County business. Use of the Internet should be handled as judiciously as the publication of County documents or the purchase of reference documents. Listed below are examples of appropriate and inappropriate Internet use.

Examples of Appropriate Use:
1. Obtaining information regarding County business, i.e., policy, legislation, public meetings, technical research, etc.
2. Transmitting or receiving a file or document (in conjunction with e-mail).
3. Providing information regarding County business to the public, i.e., meeting agendas, key points of contact, forms, etc.
4. Delivery of County services, such as tax payments, facility reservations, health education and disaster coordination.
Examples of Inappropriate Use:
1. File downloads not connected with County business.
2. Generating, sending, requesting, receiving or archiving material in any form, i.e., text, graphics, etc. which contain offensive language or is harassing in nature.
3. Activities resulting in personal gain, i.e., items for sale or purchase, or other personal business.
4. Illegal activities.
5. Copyright infringement.
6. Transmitting any County sensitive information over the Internet by other than secured transmission.
7. Creating acts of fraud, waste or abuse through Internet activities.
8. Intentionally disrupting network traffic or crashing the network and connected systems (for example: sabotage, intentionally introducing a computer virus).
9. Other acts of misconduct such as willful misconduct, discrimination, sexual harassment and misuse of position.
10. Multiple Internet sessions, unless needed for official County business.
11. Use of continuous services such as PointCast, live audio, live radio, and live video feeds unless needed for official County business.
Clarification. If an employee is unsure of what constitutes authorized County business purposes in his or her department, he or she should ask the supervisor, manager, or department head.
County Department Use and Responsibilities. It is each department’s responsibility to insure appropriate use of Internet resources within its department, which is consistent with this PMR.
Alignment with County/Department Mission and Goals. Department information published on the County of Marin World Wide Web (WWW) server and links on System pages to other Web sites should be in alignment with the mission and goals of the County as well as the individual department. Any department specific information to be published on the County WWW must be approved by the department head or their designee prior to uploading to the Internet server. In addition, all department WWW pages should adhere to general County design guidelines in order for the County presence on the WWW to have the same look and feel. It will be the responsibility of each department to periodically review their respective web pages and provide timely updates.
Violations. Violations will be investigated and may result in disciplinary action up to and including dismissal from County employment.

23.5 Electronic Media Procedure for New Employees

A. Purpose. New employees who will be assigned electronic media will be required to complete the “Electronic Media Agreement and Application Form” (Attachment 1) which serves two purposes: (1) it documents each employee’s written consent to abide by rules set forth in this Electronic Media PMR; and (2) provides the necessary information for IST, or the department’s authorized technical staff, to set up a login account, an e-mail account, Internet access, and the appropriate County network access for the new employee.

B. Procedure. Department supervisors or managers will provide a copy of this Electronic Media PMR and the Electronic Media Agreement and Application Form to new employees on, and possibly before, their first day of employment. The completed and signed form will be promptly provided to IST Customer Services, or the department’s authorized technical staff. IST, or authorized technical staff, will use the information provided to set up the employee’s login account, e-mail account, Internet access, and County network access. Upon completion of this step, the IST representative, or other authorized technical staff, will sign and date the form and forward it to the Human Resources Department, where the original form will be placed in the employee’s official personnel file.

Approval

Effective Date: January 2005
Revisions No. : 0
Prepared By: Laura Armor
Approved: ss/Steve Kinsey, President, Board of Supervisors

Personnel Regulation 24: Grievance Procedure

Applicability & Purpose

This Personnel Management Regulation (PMR) defines the process and rules for grievances, applicable to regular and probationary employees.

24.1 Definition, Scope and Right to File

A. This procedure applies to all probationary and regular employees unless an applicable memorandum of understanding (collective bargaining agreement) provides otherwise.

B. A grievance is a claimed violation, misinterpretation, inequitable application or non-compliance with provisions of:

Collective bargaining agreement
County ordinances
Resolutions
Rules
Policies
Regulations
Existing practices affecting the status or working conditions of County employees

C. Selection appeals, disciplinary action, examination appeals, release from probation, complaints of discrimination and the content of performance evaluations and reviews are not grievable hereunder.

D. A grievance may be filed by an employee in his/her own behalf, or jointly by any group of employees, or by a recognized employee organization.

E. A grievance may be filed by an employee organization only when claiming a violation within its scope of representation.

F. If it is asserted that a grievance is outside the scope of procedures or definitions contained herein, such assertion will be evaluated and ruled upon at each step. Such claim will not halt the further processing of the grievance until Step 2 is reached, as defined under 24.3.B, below. At Step 2, the County Administrator will evaluate the assertion, and make a ruling prior to hearing the grievance on the merits. If the County Administrator rules that the matter is not grievable hereunder, the grievance will be dismissed and cannot be processed further.

G. Disputes concerning the applicability of the Grievance Procedure that persist beyond Step 2 may be submitted for determination by a court, unless the grievant and the County agree otherwise.

24.2 Informal Grievance

A. Within seven calendar days of the event giving rise to a grievance, the grievant will present the grievance informally for disposition by the immediate supervisor or at any appropriate level of authority within the department.

B. Presentation of an informal grievance will be a prerequisite to the institution of a formal grievance.

24.3 Formal Grievance

A. Grievance Form. If the grievant believes that the informal grievance has not been redressed within 14 calendar days, he or she may initiate a formal grievance within seven calendar days thereafter. A formal grievance can only be initiated by completing and filing with the Human Resources Department a Grievance Form provided by the Human Resources Department for this purpose. This form is attached. The form must contain:

Name(s) of grievant;
Class Title(s);
Department(s);
Mailing address(es);
A clear statement of the nature of the grievance (citing applicable ordinance, rule or regulation, or contract language);
The date upon which the event giving rise to the alleged grievance occurred;
The date upon which the informal discussion with the supervisor took place;
A proposed solution to the grievance;
The date of execution of the grievance form;
The signature of the grievant; and
The name of the organization, if any, representing the grievant followed by the signature of the organization’s representative.

B. Resolution Process. After filing the Grievance Form with Human Resources, the process for resolving the grievance is as follows:

Step 1:
Within three calendar weeks after a formal grievance is filed, the department head will investigate the grievance, confer with the grievant in an attempt to resolve the grievance, and make a decision in writing.
Step 2:
1. If the grievance is not resolved in Step 1 to the satisfaction of the grievant, he or she may, within not more than five working days from his/her receipt of the department head’s decision, request consideration of the grievance by the County Administrator, by so notifying the Human Resources Department in writing.
2. Within fourteen calendar days after such notification, the County Administrator will begin the process of investigating the grievance, conferring with persons affected and their representatives to the extent he or she deems necessary, and will render a decision in writing within fourteen calendar days of the conclusion of the hearing or findings of fact.
3. If the written decision of the County Administrator resolves the grievance to the satisfaction of the grievant and the County, it will bind the County, subject to ratification by the Board of Supervisors if the decision requires an unbudgeted expenditure.
4. If the written decision of the Administrator is likely to not resolve the grievance to the satisfaction of the grievant, he/she will advise the grievant, in writing, of the decision and the alternatives under Step 3, should the grievant choose to proceed further.
Step 3:
A final consideration of the grievance to Step 3 may be filed in writing with the Human Resources Department not more than seven calendar days from receipt of the County Administrator’s decision. The grievant may, to the extent provided below, select either Alternative A or Alternative B as the final appeal step.

Alternative A. The grievance will be determined by the Personnel Commission. The decision of the Commission will be made in writing within sixty calendar days after the filing of the appeal at Step 3, and will be final and binding on all parties, subject to ratification by the Board of Supervisors if the decision requires an unbudgeted expenditure.

Alternative B. The grievance will be determined by an arbitrator selected by mutual agreement between the County and the grievant, provided that:
1. The County and the grievant agree on the issues to be arbitrated, or
2. The grievance pertains to the specific terms of an existing collective bargaining agreement.

The decision will be final and binding on all parties, subject to ratification by the Board of Supervisors, if the decision requires an unbudgeted expenditure.

Both parties will endeavor to submit the grievance to the arbitrator within 60 calendar days after filing of the appeal to Step 3.

24.4 Limitations in Decision of Personnel Commission or Arbitrator (Hearing Officer(s))

A. The Hearing Officer(s) will neither add to, detract from, nor modify the language of the collective bargaining agreement or of departmental rules and regulations in considering any issue properly before them.

B. The Hearing Officer(s) will expressly confine themselves to the precise issues raised by the grievance and submitted to them, and will have no authority to consider any other issue not so submitted.

C. Any monetary award in favor of the grievant is limited to lost wages suffered measured from the date of the grievance forward. In no event will the Hearing Officer(s) award any other type of monetary award, including, but not limited to attorneys’ fees.

24.5 General Conditions

A. The Human Resources Department will act as a central repository for all grievance records.

B. Any time limit may be extended only by mutual agreement in writing.

C. An aggrieved employee may be represented by any person or organization certified to represent a majority of employees in a representation unit in which an aggrieved employee is included and is entitled to be present at all formal meetings, conferences, and hearings pertaining to the grievance.

D. All expenses of arbitration will be shared equally by the County and the grievant.

E. Failure on the part of the County or the grievant to appear in any case before the Personnel Commission, or an arbitrator, without good cause, will result in forfeiture of the case and responsibility for payment of all costs of arbitration or the Personnel Commission.

F. The grievant’s signature is required at each step of the grievance procedure.

G. A copy of the grievance will be provided to the department head at each step of the grievance procedure.

H. There will be no amendments of a grievance without the approval of both parties in writing.

I. Mediation may be used by both parties to assist them in resolving grievances. The decision to utilize mediation will be voluntary. Mediation may be held at any time prior to submission of the final appeal under Step 3 of the grievance procedure. If mediation is used, it will be voluntary only.

Approval

Effective Date: January 2005
Revisions No. : 0
Prepared By: Laura Armor
Approved: ss/President, Board of Supervisors

Personnel Regulation 25: Whistleblower Procedure

Applicability & Purpose

This Personnel Management Regulation (PMR) provides for employees and applicants to disclose, without reprisal, facts which may be deemed to constitute gross mismanagement, significant waste of funds, abuse of authority, and/or substantial and specific danger to public health or safety.

25.1 Written Statements

A. Any County employee or applicant for County employment will be entitled to file with the Director of Human Resources, under penalty of perjury, a written statement disclosing facts which may be deemed to constitute gross mismanagement or significant waste of funds, an abuse of authority, and/or a substantial and specific danger to public health or safety. This statement must be filed within sixty (60) calendar days of the act or event which gave rise to the allegations. The complaint must include the following information:

The name of the employee or applicant.
Class title (if applicable).
Department (if applicable).
Mailing address of complainant.
A clear statement of the complaint.
The date upon which the event occurred giving rise to the complaint.
The date of filing of the complaint.
The signature of the complainant.

25.2 Department Head Review

The Human Resources Director will forward the complaint to the appropriate department head, with a copy to the County Administrator. The department head will investigate the complaint, confer with the complainant in an attempt to solve the problem, and make a decision in writing. These steps will be completed within fourteen calendar days after receipt of the complaint by the department head. If the complaint involves the department head, or if the Human Resources Director deems such appropriate, the complaint may be forwarded to the County Administrator for review.

25.3 Administrative Review

If the complainant is dissatisfied with the department head’s written decision he or she will so advise the Director of Human Resources within seven calendar days after the department head’s decision. The Director of Human Resources will forward the complaint to the County Administrator, along with the other documents in the file. Within 21 calendar days after such notification, the County Administrator will investigate the complaint, confer with the people affected and their representatives to the extent he or she deems necessary and render a decision in writing.

25.4 Appeal

If the complainant is dissatisfied with the response of the County Administrator, an appeal may be filed with the Board of Supervisors within seven calendar days of the date of the response by the County Administrator. The Board of Supervisors will conduct a hearing on the complaint, and its decision will be final.

25.5 Confidentiality

Nothing contained in this policy will be deemed to make any record public if the record is preempted from disclosure by Government Code Section 6254, or require any public hearing or meeting which could otherwise be conducted as a closed session pursuant to Government Code Section 54956.

25.6 Reprisals

The County Administrator will make all reasonable efforts to assure that reprisals denominated in Government Code Section 53298 and 53298.5 are not undertaken against any person who files a complaint pursuant to this resolution.

25.7 Complaints

If an employee or applicant is complaining about the Director of Human Resources, the department head or the County Administrator, the complaint should be directed to the Board of Supervisors.

Approval

Effective Date: January 2005
Revisions No. : 0
Prepared By: Laura Armor
Approved: ss/President, Board of Supervisors

PMR 26: Workplace Security, Safety and Violence in the Workplace

Applicability & Purpose

This Personnel Management Regulation (PMR) defines conduct, prohibitions, responsibilities, and investigation requirements associated with workplace security and violence in the workplace.

26.1 General

A. It is the intent of the County to provide for the safety and security of County employees at all work locations, as well as providing a safe environment for citizens and visitors to County facilities. The County affirms the right of all County employees to a safe work environment free from intimidation, harassment, violence, and threats of violence whether from co-workers, former employees or the public. Acts and/or threats of intimidation, harassment, or violence by County employees, volunteers, former employees or the public will not be tolerated in the workplace or in connection with any County business. Any such acts or threats will constitute grounds for immediate investigation, and if made by County employees, may also constitute grounds for disciplinary action, up to and including termination.

B. This prohibition covers intimidation, personal harassment, violence, or threats of violence, made directly or indirectly, including but not limited to words, gestures, correspondence, symbols or physical acts which threaten the security and safety of County employees. Also included are acts which inhibit County employees from conducting business or providing services in an environment of safety and security. This includes such acts made on County premises, at County work operations or County functions.

26.2 Expressly Prohibited Conduct

A. The County expressly prohibits harassment, intimidation, threats or workplace violence as defined below. (Also see PMR 21 – Equal Employment Opportunity and Anti-Harassment.)

Harassment. A knowing and willful course of conduct directed at a specific person which seriously alarms, annoys, torments, terrorizes or intimidates the person and serves no legitimate purpose. This course of conduct must be such as would cause a reasonable person to suffer substantial emotional distress and must actually cause substantial emotional stress to the person.
Intimidation. Threatening behavior which may induce fear for physical safety in another person. Examples include threatening telephone calls, electronic or computer graphics and messages.
Threat. The expression of intent to inflict physical harm and/or an action that a reasonable person would perceive as a threat to physical safety or property.
Workplace Violence. Violence which any person inflicts, threatens to inflict, or makes reference to inflicting on others at the place of work, which may result in serious bodily harm, injury, or death or in damage to property. The person performing such behavior may be a co-worker or a member of the public (e.g., a client). Examples of such behavior include but are not limited to:
1. Comments that a person in the work area is better off injured or dead.
2. Clear verbal threats of physical harm made to a person in the work area.
3. Gestures directed at a person in the work area which are a threat to the person or to property in the area.
4. Obscene gestures or motions intended to harass or intimidate a person in the work area.
5. Displaying a weapon when not a part of one’s work duties.
6. Stalking or otherwise focusing undue attention whether “romantic” or angry, on another person.
7. Striking, punching, slapping, shoving or assaulting another person; throwing objects with the intent to frighten or injure.
Weapons. County employees and volunteers will not possess in the workplace, including their vehicles at work, firearms, explosives, ammunition, fixed blade knives, or folding knives with blades over 3 ½ inches in length, unless it has both a work-related purpose and/or the employee has received the prior approval in writing of his/her department head.

26.3 Responsibilities

A. All department heads, managers, and supervisors are responsible for maintaining a safe and secure environment through implementation of the County Injury and Illness Prevention Program (IIPP), available in the Risk Management Division of the County Administrator’s Office. All department heads, managers, and supervisors are responsible for clearly communicating the program to employees and volunteers and ensuring that they understand the program, including informing employees of potential dangers and actions they should take.

B. All employees and volunteers are responsible for assisting in maintaining a safe and secure environment. Employees and volunteers are thus responsible for conducting themselves in the workplace without intimidating, harassing, threatening, or violent behavior which may cause harm or fear for physical well being to employees, the public, or to property. Employees are responsible for reporting immediately to their supervisors, managers, or the Risk Management Division, all acts or threatened acts of intimidation, harassment or violence.

C. Should the employee or volunteer perceive that he or she is in immediate apparent danger of a violent act, or has just been victimized by a violent act, or is a witness of a violent act, he or she will whenever possible:

Place themselves in a safe location.
If appropriate call the County Sheriff or appropriate local law enforcement agency and request immediate response of a deputy sheriff or police officer and be prepared to inform the dispatcher of the circumstances and the exact location of where an officer is needed.
Inform a supervisor, manager or the Risk Management Division of the circumstances.
Complete the Workplace Security and Safety Incident Investigation Report Form as soon as possible and submit the original copy to the Risk Management Division and retain a photocopy.
Refer media inquiries to the department head, or the Risk Management Division.
Cooperate fully in any administrative or criminal investigation, which will be conducted within existing policy and laws.

26.4 Incident or Employee Complaint Investigations

A. Department heads are responsible to ensure that all employee complaints are heard, evaluated and responded to appropriately. Regardless of the complaint, an investigation must be conducted. In incidents involving possible criminal action, or breaches of security or security hazards, the County Sheriff or the appropriate local law enforcement agency will be notified to take charge of the initial investigation.

B. In all cases of safety, the initial investigation may be conducted at the department level or by the Safety Analyst. Results of the investigation are to be reported to the Safety Analyst. The Analyst will review the investigation and hazard resolution documents and report evaluation results to the County Administrator, the department head, the Director of Human Resources, the Risk Manager and the County Counsel or the designee of each. These individuals, in conference with the Analyst, will confirm the resolution of any identified hazards.

C. If the problem cannot be resolved at the department level, the Safety Analyst will further investigate the incident (or employee report of hazard) and recommend preventive or mitigating actions as appropriate. This report will also be forwarded to the above five individuals for evaluation. The supervisor or other person designated by the department head to conduct the investigation must keep proper notes and records. In accordance with regulatory requirements, the employee may make complaints anonymously. The following methods, as applicable, will be used whenever investigating a complaint, or an incident which has occurred:

Reviewing of all previous incidents.
Visiting the scene of an incident as soon as possible.
Interviewing threatened/or injured workers and witnesses.
Examining the workplace for security risk factors, not previously identified, associated with the incident, including any previous reports of inappropriate behavior by the perpetrator.
Determining the cause of the incident.
Taking corrective action to prevent the incident from recurring.
Recording the findings and corrective actions taken, including discipline.

26.5 No Retaliation

No employee will retaliate against another employee who reports an incident pursuant to this section.

Approval

Effective Date: January 2005
Revisions No. : 0
Prepared By: Laura Armor
Approved: ss/President, Board of Supervisors

Personnel Regulation 27: Telework Policy

Applicability & Purpose

This Personnel Management Regulation (PMR) presents policies and procedures for teleworking by County employees. This PMR is applicable to all County departments, although some departments may have additional policies and procedures to augment or expand the ones provided herein. The purpose of this PMR is to facilitate telecommuting by county employees, where appropriate, in order to attract and retain the highest quality employees, assist them to do their best work, and reduce traffic congestion while maintaining excellent service to the public.

Please also see PMR 23, Electronic Media, which presents general requirements on the use of computers and other electronic media. Additional Information Services and Technology (IST) policies may be applicable, including the following:

IST Internet Security Policy - presents more detailed rules on the use of computers and other electronic media
IST Remote Access Policy and Remote Access Agreement Form - defines standards and approval requirements applicable to any remote user (host) connecting to the County of Marin's network
IST Virtual Private Network Policy - provides technical guidelines for Remote Access IPSec or L2TP Virtual Private Network (VPN) connections to the County of Marin’s network

27.1 Definitions

A. Telework. An alternative work mode in which the employee works at home or some other remote location instead of working in his/her principal work location.

B. Teleworker. Anyone who meets the eligibility requirements and has appropriate approval and resources to work effectively as a teleworker. Teleworking is not to be confused with alternative work schedules or flexible schedules. Although some teleworkers will have alternative work schedules or flexible schedules, not all who have such schedules will be teleworkers.

27.2 Eligibility

A. An employee may be eligible as a teleworker if:

The nature of his/her job, or a portion of his/her job:
1. Is primarily “knowledge-based” and involves handling of information, including but not limited to reading, writing, analyzing or processing data,
2. Entails project-oriented activities or work with measurable milestones or deliverables,
3. Allows for work to be performed at a telework location during a regularly-scheduled work day or portion thereof,
4. Will not, as a result of telecommuting, compromise any of the functions of the unit, other departmental units, other departments or outside agencies, or
5. Does not require elements outlined in 27.2.B below.
He or she has passed probation unless this requirement is specifically waived by the department head.
He or she is in good standing, having a current "Meets Standards" or above performance evaluation.

B. Not every County employee is eligible for teleworking. Employees who would not be eligible for telework have jobs that are entirely, or primarily, location-dependent, or require access to resources that are not allowable, or practical, from a telework location.

More specifically, employees are not good candidates for teleworking if their job requires such things as:

Face-to-face interaction in the office with supervisors, clients, co-workers or the public,
Coordination and participation in team-based, quick-reaction, and/or turnaround tasks that require the employee’s presence,
Access to highly secure or protected information/resources in which access is not permitted or possible from the telework location according to departmental and legal confidentiality requirements,
Access to special office resources, such as copying equipment, large machines, special files, etc.,
Access to the County’s computer databases and/or applications while teleworking if the employee’s department cannot provide remote access due to lack of resources,
Immediate presence or attendance at his/her principal work location to address unscheduled events,
Answering direct incoming telephone calls or otherwise being immediately available on the telephone,
Field work that must begin and end at the principal work location in order to comply with department health and safety guidelines.
Onsite coverage for cyclical or rotating tasks.

C. While most employees have jobs that are at least partially location-dependent, if some portion of their work can be done essentially anywhere, these employees are potential teleworkers.

D. However, even among employees with teleworkable jobs there may be constraints on teleworking:

Teleworkers must have work schedules and types of work that allow them to be away from their principal office for entire days or portions thereof,
The employee's past work performance is such that the department head and immediate supervisor have determined that the employee can effectively and fairly perform his/her duties as a teleworker, and
The type of work must be such that the immediate supervisor can establish clear performance measures for evaluating the results of the teleworker's efforts.

E. Telework is a work assignment, not a right, and is at the sole discretion of the department head (or designee).

F. The authorization for telework may be removed at any time for coverage requirements or any other reason by the department head or designee. Removal or denial of a telework schedule will not be deemed punitive and is not a grievable matter.

27.3 Authorization Forms and Approval Process

A. An employee may become a teleworker if he/she:

Meets the eligibility requirements identified above as determined by the department head or designee,
Has read, understood, and meets the additional qualifications for teleworking, as described below, in this PMR,
Has completed, submitted, and received approval on the Telework Agreement Form (PMR 27 - Form 1), and
Agrees to abide by other County and IST policies related to teleworking, where applicable. Please refer to the “Applicability and Purpose” section, above.

B. PMR 27 - Form 1, Telework Agreement Form, is to be completed as follows.

Part 1 is the “General Terms and Conditions” which ensure that each County teleworker has read PMR 27, Telework Policy, and has agreed to abide by the rules established herein and as described on the form itself.
Part 2 is the “Specific Terms and Conditions” that define the employee’s specific terms and conditions for telework, as determined by the department head or designee.
Part 3 is the “Ergonomic Self Certification Checklist” which certifies that the teleworker’s home office conforms to the factors listed on that part of the form.
All teleworkers must complete Parts 1 and 2. Additionally, any teleworker who may use his/her home as an office (even if no computer is used) must also complete Part 3 and abide by the rules set forth for home telework safety.
If telework may involve remote access to the County’s network, this form must next be submitted to IST for review and approval (by signature) that technical requirements have been met.
The teleworker should then certify (with signature) that he/she agrees to follow all applicable requirements related to teleworking.
Next, the department head (or designee) must provide his/her signature approval at the bottom of the form. Other departmental, supervisory, and management approvals may be needed as determined by the department.
Finally, the completed form (original) should be forwarded to Human Resources, where it will be placed in the employee’s official personnel file.

C. Departments may require periodic reviews of telework assignments to ensure coverage and other operational requirements are met.

27.4 General Telework Requirements and Considerations

A. In assessing telework assignments, departments are encouraged to consider that teleworking is preferred to be in whole days only, since one of the goals of teleworking is to reduce traffic congestion and related air emissions. Departments are encouraged to develop strategies that achieve these goals and assist employees to do their best work. That is, it is preferred that teleworkers spend an entire workday at their assigned telework location and not split the workday between their principal office and telework office. However, there are times when partial telecommute days can assist the employee in his/her work and help to reduce traffic congestion and associated air emissions if commuting to/from the principal work office is done during off-peak commute hours.

B. Telework days and hours must be agreed to in advance with the teleworker’s supervisor. The actual telework days per week or month may vary depending on the nature of the work at the discretion of the department head. A consideration in establishing telework hours is that IST technical support is only available during “normal” work hours.

C. Teleworkers will be as accessible as their onsite counterparts during their agreed-upon regular work hours, regardless of work location. Teleworkers and their supervisors should agree upon how teleworkers can ensure they are accessible to their clients, customers, and coworkers and the response time for returning phone calls.

D. In all cases, a teleworker’s regular hours of work, whether on a fixed or flexible schedule, must not exceed their normal schedule unless it is approved in advance by his/her supervisor. Prior approval of the supervisor is required for any overtime worked.

E. Performance standards and/or employee accountability for quantity and quality of output should normally not change as a result of teleworking. What may change is a supervisor’s method of monitoring and evaluating teleworker performance and possibly some modification of how the teleworker is expected to perform his/her assigned duties. This will be decided by the department head or designee. The teleworker, his/her supervisor, work teams, subordinates and coworkers may discuss and must ensure that they mutually understand what the teleworker is expected to produce, how that work is to be performed, when it is due, and what resources are necessary for success.

F. A teleworker must report any problems he/she may develop with, or because of, teleworking to his/her supervisor (such as relatives or friends always dropping in and causing distractions from work, absence of child care, feeling isolated and needing more interaction with co-workers, etc.).

27.5 Telework Office Use and Equipment

A. Most teleworkers will need to have computers and other information technology at their telework location. Some teleworkers’ jobs may not involve computer use or other information technology, yet be “teleworkable.”

B. Teleworkers will take all precautions necessary to secure proprietary information in their home and from wherever they work and prevent unauthorized access to any county information or system.

C. All teleworkers using computers must abide by the policies and procedures established by the County, including those by IST, for the purposes of maintaining security and integrity of the County’s network system and supporting infrastructure.

D. IST has the right to inspect telework computers and/or to cancel access to the County data center. Employees may be directed to stop using their computer and either bring their computer used for telework into IST for inspection or to have it repaired locally before reauthorization is provided and access is re-established.

E. It is preferable that telework which requires computers be performed on-line (remotely accessing the County’s network) because data will be automatically backed-up, thus protecting against loss of work products. If working on-line is not possible or practical, each teleworker will be required to backup his/her own files, and then update those files on the County’s network when he/she goes back online.

F. Home office furniture used for telework must meet the County’s ergonomic standards following industry practices, which are detailed in the Ergonomic Self-Certification Checklist, presented in Part 3 of the attached PMR 27-Form 1. Also see Section 27.6, Health, Safety, and Risk Management, below, for more details.

G. Furnishing and household expenses, e.g., heating, electricity, etc., are the sole responsibility of the teleworker. Equipment for use at home is generally not provided nor is it a reimbursable expense.

27.6 Health, Safety and Risk Management

A. In order to maintain a businesslike atmosphere and minimize the chance of accidents, teleworkers are expected to keep their home offices as clean and free from obstructions as if they were their regular County offices. A specifically designated work area, to be maintained during work hours, may be part of the formal agreement between the County and the teleworker. Teleworkers will need to complete a checklist of home safety rules and workspace ergonomic requirements, which are presented on Part 3 of the attached PMR 27-Form 1, Telework Agreement Form. Each teleworker will be required to certify that her/his home office meets or exceeds those requirements and that they will maintain a safe home office.

B. If a teleworker has a work-related accident at home during designated work hours and while conducting authorized County business, he/she will be subject to the same County rules and regulations regarding work-related accidents and must report the incident immediately to his/her supervisor. The County's Risk Management Division will investigate work-related accidents reported to have occurred while teleworking.

C. Home-based teleworkers will be required to keep their office free of dangerous obstructions, loose wires, and other hazards. They should also have desks, seating, keyboard heights, task lighting, glare reduction, acoustic isolation, and lighting that is conducive to a good work environment. Additionally electrical and telecommunications outlets should be available and in good working order.

27.7 Other County Rules While Teleworking

A. Existing laws, rules, policies and contract provisions of the County are applicable to all teleworkers, including department or division level policies and procedures. If the teleworker is conducting authorized County business and his/her actions are within the course and scope of his/her employment the same workplace rules that apply to County facilities will be applicable to teleworkers’ home workplaces. This would include, but not be limited to, policies on Internet usage, safety and health, standards of conduct.

B. Teleworkers will accrue sick leave and vacation time at the same rate as they would in their principal office. If a teleworker is sick and unable to work in his/her home office, those hours are to be reported, as would occur in a traditional office setting. Teleworkers’ use of vacation, compensatory time off, sick leave, or any other type of leave is subject to prior approval and verification by their supervisors.

27.8 Travel Expenses

On a case-by-case basis an employee’s home, rather than the principal office, may be designated as the headquarters for purposes of calculating mileage or per diem when the employee is required to make business trips.

Teleworkers do not receive travel pay for the times when they have to come in to the office for meetings.

27.9 Training

In addition to technology training, special management workshops for teleworkers and their supervisors may be given on effective teleworking. Workshops will emphasize the practical aspects of teleworking, such as: deciding when and how much to telework; setting up home offices (if applicable); workplace safety and ergonomics; scheduling meetings; keeping in touch with fellow employees; and generally dealing with the problems and issues that may arise. Every teleworker and his or her supervisor may be required to enroll in one of these workshops prior to starting to telework, or if currently teleworking, in order to continue to do so.

Approval

Effective Date: July 30, 2006
Revisions No. : 0
Prepared By: Laura Armor
Approved: ss/President, Board of Supervisors

Return to Contents

Section 3: Recruitment and Selection

Personnel Regulation 30 Recruitment and Application Process

Applicability & Purpose

This Personnel Management Regulation (PMR) defines the recruitment and application process associated with the hiring and promotion of all regular County of Marin employees covered by the Merit System.

30.1 General

Recruitment processes as determined necessary will seek out and secure qualified individuals to apply for positions at all levels of the Merit System.

30.2 Recruitment Initiated

The department head will submit a completed Personnel Requisition Form to the Human Resources Department whenever a vacancy occurs or is anticipated. A Personnel Requisition Form is provided on the MINE, under Human Resources. Human Resources may also conduct recruitments as it deems necessary to provide a ready pool of qualified candidates.

30.3 Existing Eligible List

A. The Human Resources Department will verify the vacant, budgeted position or anticipated vacancy, and determine whether a current “eligible list” exists for the vacancy. “Eligible lists” are defined in PMR No. 31, Examination Process.

B. If a current eligible list exists, a certification list is generated and issued to the appointing authority or designee.

30.4 Recruitment Planning

A. The Human Resources Department staff will meet with the appointing authority or designee to review the duties and requirements of the position and plan the recruitment, examination, and selection processes and components. Underutilization of protected classes, affirmative action goals, and recruitment strategies are considered at this time as required by federal law.

B. The Human Resources Department will review the class specification for the position to determine the need for updating, and update as necessary.

30.5 Promotional Recruitments

When appropriate, as determined by the Director of Human Resources in consultation with the department head or designee, promotional examinations may be conducted. Competition will be limited to regular County employees who have completed their initial probationary period of six months (or probationary employees who have completed the first six months of an initial probationary period of longer than six months), or who have been laid off within the last two years in accordance with the provisions of County reduction in force procedures. Employees must possess the minimum qualifications for the class in which promotion is sought. Promotional recruitments may be countywide or departmental, as determined by the Director of Human Resources in consultation with the department head or designee.

30.6 Announcement of Recruitments

A. When a position in the Merit System becomes vacant, and a current eligible list does not exist, the Human Resources Department will post notice of such vacancy so it is readily accessible to County employees, employee organizations, and the public where applicable.

B. Recruitments shall remain open for a minimum of seven calendar days for promotional recruitments, and fourteen calendar days for open recruitments. Filing of applications may be limited to a designated period of time, such as the last day of the recruitment period only.

C. Insofar as reasonable, open recruitments will be conducted to obtain the best possible pool of candidates representative of the labor market for the position.

30.7 Open and Continuous Recruitment

Continuous recruitments for a given class may be announced by a single notice. Open and continuous recruitments may be closed at any time without further notice after a fourteen calendar day period has expired.

30.8 Entry Level Recruiting

When a journey level position vacates, the position may be filled by an entry-level recruitment. The recruitment level will be determined by the Director of Human Resources or designee in consultation with the department head or designee. Consideration will be given to providing County employees the opportunity for consideration of career development and upward mobility.

30.9 Applications for Employment or Promotion

Unless otherwise announced, all applications for employment or promotion must be made upon a standard County employment application form. Supplemental application questions may also be included. Each application must be signed by the applicant and certified that all statements contained therein are true and correct. All applications, resumes and documents pertinent to an application for employment or promotion become the property of the Human Resources Department. Final adjudication as to qualifications for a position rests with the Human Resources Department.

30.10 Qualifications of Applicants

A. In order to qualify for an examination and/or appointment, an individual must:

Meet all the general requirements pertaining to filing applications for positions;
Meet the additional requirements specified for the particular examination, and/or necessary for appointment including but not limited to education, experience and license; and
Prior to appointment meet the job related standards established by the County relative to the physical and/or psychological fitness requirements for the position.

30.11 Background Investigation

A. Candidates for County employment may be subject to appropriate investigation including but not limited to:

Employment history investigation.
Personal and character investigation, including credit history.
Fingerprinting.
Search of record of convictions, and for some classifications, search of record of arrest(s).
Post offer physical or psychological tests, including a drug and alcohol screen.
Driving record.

30.12 Disqualification of Applicants

A. The Human Resources Department may refuse to accept an application, to examine an applicant, or otherwise consider any person for employment and remove their name from an eligible or certification list who:

Is found to lack any of the announced requirements set forth in the bulletin announcing the examination, or the official class specification for the position.
Is physically or psychologically unfit to perform the duties of the position, and if the applicant is disabled, cannot be reasonably accommodated or would present a direct or imminent threat to the health or safety of self or others.
Is a current user of illegal drugs.
Has made false statements of material fact in the application for employment or who has, in any way, engaged in deception or fraud in connection with the application and/or examination.
Has improperly obtained knowledge of the content of an examination to which an applicant was not entitled.
Has used or attempted to use political influence, persons or other methods contrary to the meaning and intent of the Merit System in order to gain advantage in an examination, application or appointment
Is a relative by blood, marriage, domestic partnership, or marital type relationship subject to the nepotism policy set forth in PMR 20.2.
For any material cause which, in the judgment of the Director of Human Resources in consultation with the department head, would render the applicant unsuitable for the position, including a prior resignation from the County, termination from the County, failure of the probationary period, failure to pass the background for a same or similar position in the County, or a significant disciplinary action. In those cases, the applicant will be notified of such reasons.

Approval

Effective Date: January 2005
Revisions No. : 0
Prepared By: Laura Armor
Approved: ss/Steve Kinsey, President, Board of Supervisors

Personnel Regulation 31: Examination Process

Applicability & Purpose

This Personnel Management Regulation (PMR) defines the rules of the examination process for regular County of Marin positions, pursuant to the Merit System.

31.1 General

A. Within the Merit System, the Director of Human Resources will order an examination whenever feasible and economical in relation to the nature of the position, number of vacancies and time available. The appointing authority will be consulted in advance as to the examination.

B. Examinations will be competitive, impartial, and practical in character and will fairly test the relative ability of the persons examined to perform the duties of the classification for which the examination is given. Only applicants who meet the minimum qualifications as established in the job announcement or class specification will be advanced to the examination process.

C. The examination process may include but is not limited to one or more of the following:

An appraisal of qualifications presented in the application materials. A quantifiable rating will be assigned to distinguish those candidates most qualified to be advanced further in the process or to establish rank if no further exam process is conducted.
A written examination specifically related to the job functions of the classification for which the examination is being conducted.
Field tests and/or performance tests specifically related to the job functions of the classification.
Oral examination board or panel which conducts semi-structured interviews (pre-determined questions with job-related follow-up questions when necessary).
Individual oral interviews of similarly pre-determined semi-structured questions.

31.2 Reasonable Accommodation in Testing

Should an otherwise qualified applicant for a position, who is disabled within the definition of the state or federal law, request reasonable accommodation for any part of the testing procedure, the Director of Human Resources may, when in his or her judgment the testing procedure would create an artificial barrier, modify the test process so as to eliminate such artificial barrier.

31.3 Examinations for Open and Continuous Recruitment

Examinations for open and continuous recruitments may be administered periodically as applicants are available or as appointments are necessary. The names of all applicants who qualify in such examinations will be entered on a single eligible list. After six months, an eligible candidate's name will be automatically removed from such list, but the remainder of the list will continue as new additions occur, until the recruitment is closed, or vacancies are filled. The Director of Human Resources may extend a candidate's eligibility on a list by up to one year, for a total eligibility time of 18 months.

31.4 Passing Scores

Unless otherwise provided in the recruiting announcement or other official notice, a final score of at least 70% will be required for passing each total examination or any portion thereof. The final score will be a weighted average of each part scored independently, multiplied by the percentage weight assigned to that part.

31.5 Current Employee Preference

A. A regular employee of Marin County who is successful in an open competitive examination will have two (2) points added to the final examination score. An employee who terminates regular employment with the County of Marin shall forfeit any promotional points being added to his/her examination score.

B. A regular employee who is laid off in accordance with the provisions of a County reduction-in-force procedure, and who, within two years after lay off is successful in an open competitive examination, will have two (2) points added to his or her final score.

C. County employees who successfully compete in an entrance examination in which veterans’ or disabled veterans' preference points are granted to other candidates will have a total equivalent number of preference points added to their final scores.

31.6 Veteran's Preference

A. A person who is successful in an open competitive examination and who has served on active duty in one of the Armed Forces of the United States of America will have two points added to the final examination score if eligible pursuant to the provisions below:

The applicant applies for veterans' preference and submits proof of military service no later than the final date for filing applications for the examination; and
The applicant shows military service on full-time active duty for at least one hundred eighty consecutive days, or has served full-time for 30 days or more, or in time of peace in a campaign or expedition for service in which a medal has been authorized, or a lesser period if discharged for a service-connected disability, and discharged or released under honorable conditions. Active duty is deemed to be full-time service and shall not include part-time service in any reserve status or National Guard; and
The applicant achieves a passing score in each phase of the examination.

B. Veterans' preference will be granted only for initial entry into County service and will not be granted for promotional opportunity.

31.7 Disabled Veterans

A. A veteran who has a service-connected disability rated at not less than 30 percent by an authorized agency of the United States Government and who is eligible for veterans' preference in accordance with the provisions of Section 31.6, set forth above, will have a total of four points added to the final examination score.

B. Disabled veteran’s preference will be granted only for initial entry into County service and will not be granted for promotional opportunity.

31.8 Promotion Without Examination

A. Using the attached form, an appointing authority may request, and the Director of Human Resources may approve, the promotion of a County employee without examination when all the following criteria are met:

When the County employee is under filling a higher level allocated position in a lower classification, or is filling the lower classification in a sliding or alternatively staffed classification series;
When there is only one employee per position within the department eligible for promotion;
When the employee has had satisfactory or better written performance evaluations; and
When the employee meets all the requirements for the higher classification.

31.9 Eligible Lists

The names of candidates successfully passing an examination will be entered on an eligible list in order of standing from the highest score to the lowest passing score, when applicable.

31.10 Duration of Eligible Lists

A. An eligible list resulting from an open competitive examination will be in effect for six months from the date it is established, and may be extended by the Director of Human Resources for a period not to exceed 18 additional months.

B. An eligible list generated from a promotional examination will be in effect for one year from the date it is established, and may be extended by the Director of Human Resources for a period not to exceed one additional year.

C. For open and continuous examinations, the eligible list will continue until the recruitment is closed or vacancies are filled, with individual candidate eligibility as set forth in 31.3 above.

D. An eligible list may be abolished at any time by the Director of Human Resources, and a new recruitment and examination ordered.

31.11 Examination Appeals

A. Applicants may appeal examination procedures to the County Personnel Commission. The bases for appeal of an examination are appropriateness or correctness of item or items in written examinations; failure to follow proper examination procedures; or fraud or favoritism in the oral interview process. An appellant is required to utilize the following procedure:

Within fourteen calendar days after the notice of results of an examination has been mailed, a written appeal must be filed with the Director of Human Resources. The written statement must include the specific grounds and reasons upon which the complaint is based, and may be filed using the Marin County Examination Appeal Form, provided as PMR 31 – Form 2.
Within fourteen calendar days after receiving the appeal, the Director of Human Resources or designee will evaluate the appeal (which may include meeting with appellant), and mail a written decision to the appellant.
Within fourteen calendar days after such written decision is mailed, the appellant may petition in writing for a hearing before the Personnel Commission if the decision rendered by the Director of Human Resources is unsatisfactory to the appellant and the appellant chooses to further appeal.
The Personnel Commission will establish a date for hearing at its next regular meeting. Hearings will be conducted pursuant to PMR No. 3. The burden of proof shall be upon the appellant, who may appear and produce evidence at the hearing. Appellants may be represented by a representative of their choice at their own expense.
Within fifteen calendar days after concluding the hearing, the Personnel Commission will certify its findings and decision. The determination of the Personnel Commission will be final and binding unless the action involves the expenditure of unbudgeted funds, in which case it must be approved by the Board of Supervisors.
The decision of the Director of Human Resources or Personnel Commission may, but is not required to, invalidate an appointment already made.

Approval

Effective Date: January 2005
Revisions No. : 0
Prepared By: Laura Armor
Approved: ss/President, Board of Supervisors

Personnel Regulation 32: Certification Process

Applicability & Purpose

This Personnel Management Regulation (PMR) delineates the certification process for the most qualified candidates on eligible lists, i.e.: (1) re-employment following lay-off list, (2) promotional list, (3) open list, and (4) alternate eligible list for a different classification.

32.1 Certification

A. The Director of Human Resources will certify to the appointing authority the highest scoring candidates from the eligible list. Where possible, four scores more than the number of vacancies on the original staffing requisition will be certified. In no event will more than eight candidates (and those tied with the eighth candidate) be certified for one vacancy.

B. For each additional vacancy beyond the first, on the original staffing requisition, one additional candidate (and ties at that candidate's score) will be included.

C. For example, for one vacancy, five scores will be certified, but not to exceed eight candidates' names and those tied with the eighth candidate’s score; for two vacancies six scores, but not to exceed nine candidates’ names and those tied with the ninth candidate's score; for three vacancies seven scores, but not to exceed ten candidates’ names and those tied with the tenth candidate’s score.

D. When future vacancies occur during the duration of the eligible list, departmental requests will be considered supplemental to the original requisition. One additional score may be certified for each vacancy. However, when a candidate on an eligible list has been previously certified and interviewed by the department, the appointing authority may appoint the candidate to an additional vacancy without certification of additional candidates from the eligible list.

32.2 Certification With Veteran's Preference

Notwithstanding any of the above, certifications from eligible lists established from entrance examinations will not exclude any eligible candidates who would have been certified based upon the examination score achieved prior to the addition of veteran’s preference points to another candidate.

32.3 Certification With Current Employee Preference

Certification from eligible lists established from open examinations will not exclude any eligible candidates who would have been certified based upon the examination score achieved prior to the addition of current employee preference points to another candidate.

32.4 Alternate Eligible List

Regardless of whether an eligible list is in existence for a classification, certification may also be made from a list created for another class of the same or higher rank in the same or in a related series, if the duties of the class for which the examination was given include substantially all of the duties of the position to be filled. The Director of Human Resources must find that the use of the list is in the best interest of the County and that the necessary skills and knowledge were adequately tested in the examination.

32.5 Transfer List

Pursuant to PMR 45, employees who have passed their initial probationary period (or six months of the probationary period if longer than six months) may request to be placed on the transfer list to be considered for transfer to another position in the same classification in another department. The employee will remain on the transfer list for one year. Employees on the transfer list will also be certified to the appointing authority along with candidates on the eligible list as long as their performance is satisfactory and there is not an outstanding disciplinary action pending. Pursuant to PMR 40.14, Y-rated employees will be placed at the top of the transfer list for their previous, higher classification.

32.6 Order of Lists

If more than one employment list exists for a class, the lists will be certified in the following order: (1) re-employment following reduction in force, (2) promotional, (3) open, and (4) alternate eligible list for a different classification. Transfer lists will be certified in any event, except when a reduction in force list exists.

Approval

Effective Date: January 2005
Revisions No. : 0
Prepared By: Laura Armor
Approved: ss/President, Board of Supervisors

Personnel Regulation 33: Selection and Offer of Employment

Applicability & Purpose

This Personnel Management Regulation (PMR) defines the rules for selection, interviewing, and offers of employment.

33.1 Selection Interviews

A. The appointing authority or designee will interview all certified candidates who are interested in being considered for a vacancy. If a candidate is recertified (from the same eligible list) for a vacancy within the department, the department will not be required to re-interview the candidate. No job offer will be made to any certified candidate until all required interviews are completed.

B. The department interview will consist of job-related questions which provide candidates an equal opportunity to describe and/or demonstrate their qualifications. When certification is made from a continuous recruitment process, the department will discontinue interviews when existing vacancies are filled.

33.2 Offer of Employment

Department heads or their appointed representative will be authorized to make an offer of employment or promotion. All offers of employment will be made on a conditional basis subject to satisfactory completion of a pre-placement physical and, where relevant and/or mandated, psychological examination, a drug test if required, and successful completion of the probationary period.

33.3 Background Investigations

A. Background review, including reference checks, will be conducted prior to a conditional offer of employment and, in some cases, promotion.

B. Law enforcement, child and adult protective, and other personnel to be employed or promoted to security or safety positions, or having access to vulnerable client populations as defined by State or federal law or designated by the Director of Human Resources as having access to restricted security areas and information and/or vulnerable client populations will, prior to a conditional offer, be fingerprinted for the purpose of criminal offender search or other violation inconsistent with County employment.

C. For positions in financial or related service, the County has the right to obtain a credit report consistent with federal law.

33.4 Physical and/or Psychological Examination

A. Employee physical and/or psychological examinations where relevant and/or mandated, will be part of a conditional offer of employment or, in some cases, promotion. The department is responsible for scheduling all such physical and/or psychological examinations with the County’s medical provider as administered by the Human Resources Department.

B. The purpose of the examination is to determine the candidate’s ability to perform the essential functions of the job for which he or she applied. This examination is paid for by the County.

C. At any time during employment where there is cause for concern as to fitness for duty, an employee may be required by the department head or designee to take a physical and/or psychological examination paid for by the County to determine fitness for duty in the position in which he or she is currently employed, or for which he or she is applying.

33.5 Appointing Authority Responsibilities

A. Prior to appointment or promotion, the appointing authority will review the personnel file of candidates who are past or current employees.

B. The appointing authority will confirm the offer in writing with a copy to the Human Resources Department. The following should be included in the offer letter:

Title of position.
Salary/benefit package.
Agreed-upon starting date and time.
Office and person to whom the candidate will report.
A statement that employment is contingent upon passing the pre-employment physical and/or psychological examination and that resignations from current employment should not be finalized until this process is successfully completed. This will also contain information about whom to contact to arrange this examination.
A statement that employment is contingent upon submission of evidence that he or she is legally entitled to work in the United States.
A statement that the probationary period is part of the selection process. The statement will also indicate the length of probation to be served, and that regular status will be dependent upon the satisfactory completion of probation.

C. Candidates not selected will also be so notified promptly in writing, or by other appropriate means if the appointment is by promotion, by the appointing authority.

33.6 Selection Appeals

A. This procedure is for an individual certified as eligible for appointment to positions in the Merit System to appeal departmental selection procedures regarding appointment to vacant positions. The sole basis for appeal is failure to follow uniform, job related selection procedures.

B. Any applicant or employee who contends there has been a violation of this rule must utilize the following procedures:

Within fourteen calendar days after the notice of the selection has been mailed by the department, a written appeal may be filed with the Director of Human Resources. The written statement will include the specific grounds and reasons upon which the claim is based.
The Director of Human Resources or designated representative will refer the written appeal statement to the affected County department for review and evaluation of the appeal factors.
Within fourteen calendar days after the Human Resources Department has referred the appeal of selection to the department, the department head or designated representative will meet with the appellant and subsequently issue a written decision. The decision will be mailed by the department to the appellant and a copy filed with the Human Resources Department.
Within fourteen calendar days after such written decision is mailed, the appellant may petition in writing to the Executive Secretary to the Personnel Commission for a hearing before the Personnel Commission if the decision rendered by the department head is unsatisfactory to the appellant and the appellant chooses to further appeal.
The Personnel Commission will establish a date for hearing the selection appeal at its next regular meeting. Hearings will be conducted pursuant to PMR 3. They will be informal and the Commission’s rules of evidence, rather than formal judicial rules, will apply. The burden of proof shall be upon the appellant who may appear and produce evidence at the hearing. It shall be the burden of the appellant to allege and prove, by preponderance of the evidences that the selection process failed to follow uniform job related procedures. Appellants may be represented by a representative of their choice at their own expense.
Within fifteen calendar days after concluding the hearing, the Personnel Commission will certify its findings and decision. The determination of the Personnel Commission will be final and binding unless the action involves the expenditure of unbudgeted funds, in which case it must be ratified by the Board of Supervisors.
The decision of the Director of Human Resources or Personnel Commission may, but is not required to, invalidate an appointment already made.

Approval

Effective Date: January 2005
Revisions No. : 0
Prepared By: Laura Armor
Approved: ss/President, Board of Supervisors

Personnel Regulation 34: Appointment and Orientations

Applicability & Purpose

This Personnel Management Regulation (PMR) defines the types of rules for appointment and orientations.

34.1 Appointment

A. Offers of appointments will be made in writing. The appointing authority will notify the candidate of his/her decision to appoint and will reach an agreement as to a starting date. The offer will be made consistent with PMR 33.

B. When employees are appointed from a transfer list or on a promotional basis, agreement should be reached with the department from which the candidate is leaving as to the length of time expected for release of the employee. Normally, two to four weeks would be a reasonable length of time, and preferably the employee will begin the new position at the start of a biweekly pay period.

34.2 Types of Appointment

A. At Will Appointment. Appointment of an employee to a position excluded from the Merit System, pursuant to PMR 1.2, employees in probationary status, employees appointed to a provisional appointment or contingent appointment (short term, special appointment, emergency, seasonal, intermittent, essential services and paid intern employees) serve at the pleasure of the appointing authority and may be removed at any time without cause and without right of appeal.

B. Regular Appointment. Appointment of an employee who has successfully competed for and passed the initial probationary period in an allocated budgeted position in the Merit System. A regular appointment may be full-time when the employee is appointed to work in a full-time capacity, as defined by the classification. A regular appointment may be part-time when the employee is appointed to work at least 25% of a full-time position, but less than 100% of a full-time position.

C. Regular, Fixed Term Appointment - Appointment of an employee who has successfully competed for an allocated, budgeted, fixed term position. To become a regular fixed term employee, the employee must also pass the probation period for the position. Fixed term appointments may apply to a specific body of work with a pre-determined duration, grant funded positions, positions tied to a limited funding source or may be used in order to temporarily dual fill a regular position where the regular employee is on an extended leave of at least 6 months. This category of appointment is limited to 3 years from the date of hire, but may be extended for up to another 2 years or less.

Employees appointed to regular, fixed term grant-funded positions are not subject to reduction in force regulations. Regular fixed term positions that are not grant-funded are subject to reduction in force regulations.

Employees in regular hire appointments may fill a fixed term position and, if pre-approved by the appointing authority, they shall retain their status as a regular hire employee during the term of the fixed term appointment, with all rights provided by the County’s Personnel Management Regulations and applicable memoranda of agreements.

D. Provisional Appointment. The appointment to a regular position of an employee hired without participation in the examination process who meets the minimum qualifications for the job when no eligible list exists or when no one is available from the eligible list. Appointment is for no more than four (4) months, which may be extended for four (4) additional months with the recommendation of the Director of Human Resources and County Administrator approval. Provisional Appointment employees receive benefits consistent with regular appointment employees, except that Provisional Appointment employees serve at will and may be removed at any time without cause and without right of appeal.

E. Contingent (Temporary) Appointment. In a Contingent Appointment, an employee who meets all minimum qualifications (except as identified in 34.2 E3) is hired to work for a temporary period without participation in an examination process and with the condition that the employee serves “at will” and may be removed at any time without cause and without right of appeal. An employee in a Contingent Appointment does not receive County provided benefits except as provided by law, memorandum of agreement, or Personnel Management Regulation.

The appropriate uses of Contingent Appointments are 1) to perform a temporary body or project-related body of work; 2) to temporarily cover a body of work performed by a regular hire employee on an extended leave of absence; 3) to temporarily augment regular staff during peaks in workload; or 4.) to back-fill for a vacant position while recruitment and/or selection for a regular position is in process.

Contingent Appointments must be identified under one of the following categories:

Short-Term Appointment - Appointment of an employee to perform a regular body of work while a recruitment for the position is in process, to back-fill for a regular hire employee who is on leave for a period of time that is expected to be less than six months or to perform special projects. This type of appointment is limited to 1,040 hours (975 hours for classifications designated as 37.5 hours per week) during a 12-month period and may be extended for up to another 1,040 hours (975 hours for classifications designated as 37.5 hours per week) provided that a staffing plan is in place. Annual reoccurring use for the same or similar body of work is not permitted, unless the employee is working night and weekend hours.
Special Appointment - Appointment of an employee to perform work outside of an existing County classification for which a County classification does not exist. This type of appointment is limited to 1040 hours (975 for classifications designated as 37.5 hours per week) during a 12-month period and may be extended for up to 1,040 hours (975 for classifications designated as 37.5 hours per week), provided that an appropriate classification is in development. These appointments shall not perform a body of work that corresponds to a regular classification. Annual reoccurring use for the same or similar body of work is not permitted.
Emergency Appointment - Appointment of an employee without examination as necessary to prevent stoppage of public business, loss of life, or damage to persons or property, or when qualified personnel cannot be readily obtained due to emergency conditions. An employee appointed does not need to meet the minimum qualifications of the job. This type of appointment is limited to 1,040 hours (975 for classifications designated as 37.5 hours per week) during a 12-month period, which may not extend beyond this limit. Annual reoccurring use for this same or similar body of work is not permitted.
Seasonal Appointment. Appointment of an employee into a pre-designated classification to work a pre-determined season(s)/month(s) based upon the assignment. In no case shall an employee in a seasonal appointment work beyond nine (9) months during a 12-month period, except that if a fire season is extended or begins early, the Fire Chief may request an extension from the CAO. Annual reoccurring use for the same or similar body of work is permitted.
Intermittent Appointment - Appointment of an employee to work special events that are non-seasonal or to work an assignment that requires 10 or fewer hours of work per week. This type of appointment is limited to 520 hours during a 12-month period and may be extended for another 520 hours. Annual reoccurring use for the same or similar body of work is permitted.
Essential Services Appointment - Appointment of an employee who participates in an on-call pool. This appointment type is used in pre-determined classifications to ensure mandatory staffing levels are met in 24/7 operations. Employees in these appointments should not be scheduled regularly unless back-filling for a regular hire position that is on leave. This type of appointment is limited to 1,800 hours during a 12-month calendar period and may not be extended. Annual reoccurring use for the same or similar body of work is permitted.
Paid Intern Appointment (High School, Undergraduate/Graduate/Post-graduate) - Appointment of an employee who is a student or recent graduate (within one year of graduation) to perform an assignment directly tied to the student’s curriculum or to perform an assignment that enhances the student’s education and provides work/career experience. This type of appointment is only available when it is determined exclusively by the appointing authority that funding is available. A paid intern shall not be used in lieu of a regular or fixed term appointment.
Retired Annuitant - Appointment of an employee who is retired from County service. This type of appointment is limited to 960 hours per fiscal year. Annual reoccurring use for the same or similar body of work is permitted. Retired Annuitants shall not be used in lieu of a regular or fixed term appointment.

F. Additional Appointment. A Department may increase the hours of a part-time regular hire employee in a regular appointment in the same or similar job class without further examination, so long as the employee meets the minimum qualifications.

G. At Will Appointment of Merit System Employee. Any appointed department head, at will assistant department head or chief deputy to an elected official, who is appointed from a position that is subject to the provisions of the Merit System will, upon termination of tenure as such department head, at will assistant department head or chief deputy to an elected official, revert to that person’s former position if the former position is in the same department as he/she is currently serving. This reversion will not occur if the reasons for release as such department head, at will assistant department head or chief deputy of an elected official are such as to justify dismissal from county service.

34.3 Report of Appointments

A. All appointments to positions in the County service will be reported promptly to the Director of Human Resources by the appointing authority.

B. Upon a candidate’s acceptance of a letter of offer and successful completion of the pre-employment physical, a Personnel Action Form will be prepared on the individual appointed by the appointing authority and forwarded to the Human Resources Department, along with all required documents, including authorization to work in the United States.

34.4 County Orientations

A. County Benefits Orientation. The Human Resources Department will schedule new employee benefits orientation sessions, including requirements of union membership (if applicable), on a regular basis, at least once biweekly. Department heads will be responsible for ensuring that all at will, regular and provisional new employees attend County new employee orientations by the Human Resources Department regarding fringe benefits, general County practices and policies, and requirements of union membership, if applicable.

B. County Values and Organization Orientation. All newly hired employees, in regular, at will, provisional, and fixed term appointments, will attend an orientation conducted by the Human Resources Department regarding County of Marin values, disaster service worker designation, organization and policies including training requirements, and opportunities.

C. Mandated Training. The Board of Supervisors and/or County Administrator mandates training for all County employees as deemed necessary. These mandates include, but are not limited to, non-discrimination training and training as a disaster service worker.

34.5 Department Orientation

Immediately upon reporting for duty in a position, each new employee will be given an explanation (preferably in writing) of the purpose, duties and responsibilities, and health and safety requirements of the position, including employee's role as a disaster worker, building evacuation procedures, and such other matters as are necessary for the employee's understanding of the duties as well as the applicable responsibilities, rights, and privileges of his or her County employment.

Approval

Effective Date: 02-07-17
Revisions No. : 1
Approved: ss/President, Board of Supervisors

Personnel Regulation 35: Probation Period

Applicability & Purpose

This Personnel Management Regulation (PMR) defines probation period rules.

35.1 Purpose

The probationary period is the final phase of the examination process. It is a trial period during which an employee is required to demonstrate competency in the knowledge, skills, abilities, and character necessary to successfully perform the job and become a regular hire employee. Some positions may also require, as a condition of passing probation, possession of all required certificates and/or licenses. This period will be utilized for closely observing the employee's work to determine the employee's fitness and/suitability for the job and regular hire status.

35.2 Probationary Period

Upon initial or promotional appointment in the Merit System an employee will serve a probationary period of two thousand eighty (2,080) working hours (exclusive of overtime) or its one year full time equivalency, e.g. 1950 hours, as designated by the applicable labor contract and/or the Director of Human Resources. An employee designated as office/clerical will have a probationary period of one thousand forty (1,040) working hours (exclusive of overtime) or ½ year fulltime equivalency as designated by applicable labor contract and/or the Director of Human Resources.

25.3 Actual Service Required

A. The probationary period will be a period of actual service beginning with the date of original appointment or promotion to a regular full-time or part-time position.

The granting of any leave of absence, including military leave, will cause the employee's probationary period to be extended by the length of the leave of absence.
When an employee has served in a higher class on an acting or temporary basis and then is promoted to a regular vacancy resulting in continuous service in that higher class, the Director of Human Resources may, upon request of the appointing authority, permit time served in acting or temporary status to be counted as part of the probationary period for the higher class.
Time served in temporary employment (extra-hire, special appointment, or emergency employment), except as provided in 35.3.A.2, will not be counted as part of the probationary period.
Transfer - When an employee transfers from one department to the same or similar class in another department, the employee will serve 1040 hours or ½ year full time equivalent probationary period.
Demotion - An employee who demotes to a class in which he or she has already passed probation in the same department will not be required to serve another probationary period. If the demotion is into another department in a class in which they have not held regular status, they will serve the probationary period for that classification.

35.4 Probationary Period for Newly Created Positions

When a new classification is created, a determination for length of probationary period will be made by the Director of Human Resources.

35.5 Changes in Probationary Period for Existing Classifications

If a Department Head determines that a change in probationary period is justified, reasons for such change should be submitted to the Director of Human Resources for determination.

35.6 Regular Appointment

An employee in the Merit System who successfully completes the initial probationary period will acquire regular hire status.

35.7 Release During Probation

At any time during the probationary period an employee may be released from employment without cause and without right of appeal. The probationary employee will be advised of his or her failure to pass the probationary work test period. If a probationary employee believes that he or she has been released from employment due to unlawful discrimination, he or she may file a complaint pursuant to PMR 21.

35.8 Release From Probation Upon Promotion or Transfer

An employee who is promoted or transferred from a regular position and who is released during the probationary period will be reinstated in his or her original classification in the department from which promoted or transferred unless dismissed for cause which is not related to the ability to perform the work assignment. Release during probation is not subject to appeal and may be done without cause. Cause will not be provided. If a probationary employee believes that he or she has been released from probation due to unlawful discrimination, he or she may file a complaint pursuant to PMR 21.

35.9 Regular Status in New Program

A. At such time as the County Merit System is extended to cover a new program, incumbent employees with regular status will continue to have regular status if the new program has been covered by a similar Merit or Civil Service System.

B. If the program is not covered by a similar Merit or Civil Service System, an incumbent employee with service equal to or greater than the length of probationary period specified for the County classification may attain regular status through successful completion of a non-competitive qualifying examination.

35.10 Promotions During Probation

A new employee serving initial probation is not eligible to be promoted until he or she passes the probationary period or the first half of the probation if probation is twelve months.

Approval

Effective Date: January 2005
Revisions No. : 0
Prepared By: Laura Armor
Approved: ss/President, Board of Supervisors

Personnel Regulation 36: Reemployment

Applicability & Purpose

This Personnel Management Regulation describes rules for reemployment following employee layoffs, demotions, or resignations.

36.1 Reemployment Following Layoff

A. Eligibility for Reemployment Following Layoff. Regular employees who are laid off or demoted in lieu of layoff will be entitled to reemployment in the classification from which they were laid off or demoted if a vacancy in the classification occurs within two years of the date of lay off or demotion.

B. Process

Each regular employee who has been laid off or demoted in lieu of layoff will be placed on: (1) a department reemployment list by classification in order of seniority as defined in PMR 48.2, and (2) a County reemployment list by classification in order of seniority as defined therein.
As a vacancy occurs in the classification in a department, the top person on the reemployment list (most senior employee) will be offered, in writing, reappointment to the vacant position. Should the person not accept the reappointment within seven calendar days after the date of the offer, and/or be unable to begin work within two weeks after the date of acceptance, the person will be considered unavailable for employment and be removed from the reemployment list. Whenever a person is unavailable for reemployment, the next person on the list (next senior person) will be offered reemployment, in writing, for the vacancy position in the classification in the department.
If there is no employee on the department reemployment list for the classification, the top five names on the countywide reemployment list for the classification will be sent to the department head where the vacancy exists for selection. Any one of the five people may be selected. If a person is selected from a countywide list, the name will also be removed from the department reemployment list. Should the person selected not accept the reappointment within seven calendar days after the date of the offer and/or be unable to begin work within two weeks after the date of acceptance, the person will be considered unavailable for employment and be removed from the list.

36.2 Reemployment Following Resignation

A. Reemployment Within 60 Days of Resignation. A regular employee who resigns under positive circumstances will be eligible for reemployment within 60 days of resignation. Reemployment will be at the sole discretion of the department head. Salary and seniority will be treated as if the employee had been on a leave of absence.

B. Reemployment Within Two Years. A regular employee who resigns or retires under positive circumstances may be placed on a reemployment list for reappointment to the classification from which he or she resigned within two years of resignation. Placement on the list will be in the order of the date of application for reemployment. Reemployment will be at the sole discretion of the department head.

36.3 Priority Reemployment Lists

The department reemployment list for employees who are laid off or demoted in lieu of lay off will be used first, followed by the countywide reemployment list for employees who are laid off or demoted in lieu of lay off. If no one is reappointed from either list, the reemployment list following resignation may be used if requested by the department appointing authority.

36.4 Status, Salary, Benefits and Seniority Upon Reemployment

A. Status. Regular employees who are reemployed in the same classification are not required to serve a probationary period.

B. Salary. Regular employees who are reemployed in the same classification will be placed on the salary range and step last held.

C. Benefits. Regular employees who are reemployed following layoff or within 60 days of resignation, will have their sick leave balance at the time of layoff or separation reinstated. No other leave will be reinstated but accrual of leave will be reinstated at the same level. Regular employees who are reinstated 61 days or more following resignation will have no leave reinstated. Accrual of leaves will be as if the employee was newly hired.

D. Seniority Established. Regular employees who are laid off and are reemployed following layoff will receive a seniority date based on time served in the classification for which reemployed and any higher classification. Regular employees who are demoted in lieu of lay off will receive a seniority date based on time served in the classification for which reemployed, and any higher classification. Regular employees who are reemployed 61 days or more following resignation, will have no seniority in the classification to which reemployed.

36.5 Applying for County Openings

Employees who are laid off or demoted in lieu of lay off may compete in promotional examinations in the department from which laid off, as well as County promotional examinations, for two years following the effective date of layoff or demotion. Regular employees who are laid off or demoted in lieu of lay off are eligible to receive preference points in open examination for any County position for two years following the effective date of layoff or demotion.

36.6 Temporary Employment

If an employee who was laid off or resigned (and is in good standing) accepts temporary employment, he or she does not forfeit reemployment rights.

Approval

Effective Date: January 2005
Revisions No. : 0
Prepared By: Laura Armor
Approved: ss/President, Board of Supervisors

Return to Contents

Section 4: Employment Practices

Personnel Regulation 40: Position Classification System

Applicability & Purpose

This Personnel Management Regulation (PMR) defines rules for job classifications under the County’s Merit System, pursuant to Marin County Code 2.56.

40.1 Classification Plan

A classification plan for all positions in the Merit System will be administered by the Director of Human Resources. The plan will consist of classifications as defined and described in the official class specifications. Classification titles so established will be used in all personnel and financial records, in all communications and in all examination procedures.

40.2 Allocation of Positions

All positions in the Merit System will be allocated to an appropriate classification in the classification plan by the Board of Supervisors. The classification will be based on the principle that positions will be in the same classification when their duties and responsibilities are similar enough to justify the same descriptive title, definition of duties, and employment standards. No person will be employed in any position until such position has been properly classified and allocated.

40.3 Position Classification

All positions will be allocated to a classification in accordance with duties, responsibilities, and standards of the job. A written description, known as a class specification, will be prepared for each classification, listing such elements as essential duties; knowledge, skill, and ability requirements to successfully perform the job; minimum amount of education and/or experience required; working conditions, and physical, psychological, and mental ability requirements. The original classification specification, the establishment of new classifications of employment, or the major alteration or abolishment of existing classifications, will be recommended by the Director of Human Resources and approved by the Board of Supervisors.

40.4 Classification Series, Careers Ladders and Upward Mobility

When feasible, the Director of Human Resources will recommend the establishment of classification series which illustrate a progressive career path for employees. These will be called career ladders. They will give County employees information useful to move upward within county service. For example:

Public Safety Series	Clerical Series
Sheriff’s Captain	Senior Secretary
Sheriff’s Lieutenant	Secretary
Sheriff’s Sergeant	Senior Clerk Typist
Deputy Sheriff	Intermediate Clerk Typist
Deputy Sheriff Trainee	Clerk

40.5 Class Title

The classification title will be the title of each position in the class and will be used in all personnel records, payrolls and personnel transactions. The department head may approve working titles to be used within a department and for recruitment purposes and which may be used in parentheses on business cards. Working titles will not be deemed official titles and cannot imply licenses or certifications not required in the class specification.

40.6 Title and Specification Changes

Where the duties of a position have not substantially changed, the position may be retitled and/or the specification modified to update and/or more accurately reflect and identify the position and its standards of employment. There is no change in the compensation level with a title or specification change. The Board of Supervisors may delegate such changes to the classification specification to the Director of Human Resources, and has so delegated this authority. No change in the title of any job or its classification or specification will affect the seniority of the incumbent, if any.

40.7 Changes Directed by Personnel Commission

The Personnel Commission may direct study of positions in the Merit System and recommend necessary changes to the Board of Supervisors.

40.8 Interpretation of Class Specifications/Descriptions

A. Class specifications are not restrictive but will indicate the basis on which a position is allocated to its proper classification as determined by its functions, duties and responsibilities. Positions will be allocated to the same class when their duties are sufficiently similar that:

The same descriptive title may be used to designate each position in the class.
The same level of education, experience, knowledge, ability and other qualifications may be required of incumbents.
Similar tests of fitness may be used to select incumbents.
The same schedule of compensation will apply equitably under substantially the same employment conditions.

B. Descriptions will not be construed as a declaration that the duties and responsibilities will not be changed nor that the appointing authority may not temporarily assign other duties and responsibilities or otherwise direct and control the work of subordinate employees.

40.9 Establishment of New Classifications

The Director of Human Resources may recommend adding classifications to the classification plan whenever he or she deems it necessary. The recommendation will be submitted in writing to the Board of Supervisors for approval.

40.10 Classification Studies

A. Conduct of Studies. The Director of Human Resources may recommend the reclassification of any position or group of positions in the Merit System after conducting a study of the position. Studies may be conducted when:

A request is made by a department head that an employee in his or her department is filling a job where significant changes in duties, responsibility and/or work assignment have evolved over time. The request will include a description of the duties performed; how the duties, functions and responsibilities have changed; what caused the change; who else performs the duties; and the length of time the employee has been performing those functions, duties, and responsibilities. Upon review and study, the Director of Human Resources may recommend the allocation of a position to a higher or lower classification or that it remain unchanged.
County Administrator identifies the need for review of a position or positions.
The Director of Human Resources identifies the need for review of the position or positions.
The Personnel Commission directs a study of the position or positions.

B. Notification of Results of Study. The Director of Human Resources will communicate his or her recommendation to the department head. The employee will be notified by the department head, or by the Human Resources Department, if requested by the department head.

C. Board Approval. If the Director of Human Resources recommends reclassification or significant changes to classifications due to a pending reorganization, they will be submitted to the Board of Supervisors. The Board of Supervisors will consider reclassification or reorganization-based classification change requests once each quarter.

D. Effect of Reclassification Upon the Incumbent. If there is an incumbent in the reclassified position who has been performing the full duties and responsibilities of the reclassified position, he or she may receive a non-competitive appointment to the new classification if he or she also meets the requirements of the new classification. The department head or Director of Human Resources will notify the employee of the recommendation to reclassify up or down or make no change. The employee may appeal the decision as set forth herein.

E. Effective Date of Reclassifications. A reclassification approved by the Board of Supervisors will be effective the first day of the pay period following approval, unless determined otherwise by the Director of Human Resources.

F. Time Frame for Requests. Reclassification study requests for any position may be made no more than once every two years.

40.11 Classification Appeal Procedure

A. Where there is a dispute between the employee and his or her department as to whether the employee is properly classified, the employee may request a meeting with the Director of Human Resources or designee. Similarly an employee whose classification was studied may, if the study resulted in a recommendation of no change or a lesser classification, request a meeting with the Director of Human Resources or designee within 14 calendar days of receipt of the written notice as follows:

File a meeting request in writing with the Director of Human Resources. The written request should include a summary of the new duties or responsibilities being performed, what caused the change, the duration of time in which the new duties or responsibilities have been performed, reasons why another classification is more appropriate for the work performed, and/or why the classification recommendation is not acceptable to the employee.
Within ten working days after the meeting request is filed, the Director of Human Resources or his or her designee will consider the submitted request, which may include meeting with the employee and consultation with the County Administrator as to programmatic, policy, or budget impact. The Director or his or her designee will provide a decision in writing. Such decision may be to conduct a classification study, to recommend removal of certain duties from the job of the employee, or to make no change or take no further action.
If the matter is still not resolved to the satisfaction of the employee, he/she may, within not more than five working days from receipt of the Director of Human Resources’ decision or the results of a classification study ordered hereunder, file an appeal to the Personnel Commission by notifying the Director of Human Resources in writing. The Personnel Commission will establish a date for hearing the classification appeal at its next regular meeting.
1. Hearings shall be informal and the rules of evidence need not apply. The burden of proof shall be upon the appellant, who may appear and produce evidence at the hearing. It shall be the burden of the appellant to allege and prove, by preponderance of the evidence, that the classification for the work performed is improper.
2. At the discretion of the Commission, a decision on the matter may be made after a review of the written material submitted by all parties only. The decision of the Commission will be made in writing within ten working days after their hearing or review of the submitted written materials.
In the event of fiscal impact of the decision of the Commission, the findings and recommendations of the Commission will be forwarded to the Board of Supervisors for approval.

40.12 Reorganization

A. New or Modified Classifications. The Director of Human Resources may also study and recommend classifications for an approved departmental reorganization. Each request for a study is made by a department head, and approved by the County Administrator prior to consideration by the Director of Human Resources. The basis of such a request is that a position or positions under the direction of the department head will need to significantly change duties, responsibilities, and/or work assignments to meet emerging program, fiscal or policy needs.

B. Effect on Classification of Reorganization. If a reorganization recommended by a department head is approved by the County Administrator, the Human Resources Department will create or significantly modify classifications as required. The Director of Human Resources will recommend these classifications to the Board of Supervisors.

C. Appointment to New or Modified Positions as a Result of Reorganization. Employees will be required to compete for a new or significantly modified position through the competitive examination process. Employees displaced may request to be reassigned within his or her own department, transferred to a vacant position in the classification currently held, or be laid off in accordance with these policies.

40.13 Sliding Classifications

A. Classifications within a classification series may be designated by Human Resources as sliding classifications. Such a classification series allows movement from entry level to journey level and/or movement from unlicensed to licensed without requirement of examination. The department head may request and the Director of Human Resources may approve movement of an employee to a higher level without examination if the following criteria are met:

The employee received initial appointment to the alternatively-staffed position through a competitive process or through reclassification; and
The employee meets all minimum requirements for the higher level; and
The department head attests that the employee is effectively performing the full duties and responsibilities of the higher level of the sliding classification series; and
The employee has successful or higher performance evaluations.

B. In cases where the higher level classification is not reflected in the adopted budget, the Director of Human Resources or designee will change the position allocation and notify the County Administrator or designee in order for the change to be reflected in current year budget change requests and in the following year’s recommended budget.

40.14 Decision Authority

Final decision and ratification of classification changes and reorganizations rests with the Board of Supervisors.

40.15 Y-Rate Upon Reclassification

A. If an employee is reclassified to a classification with a lower salary range, the salary will be determined in the same manner as a demotion, or, on the recommendation of the Director of Human Resources, the County Administrator’s Office may approve a Y-rate. An employee who has been granted a Y-Rate salary following reclassification of his or her position to a lower level, will be placed at the top of the eligible list for his or her former classification, if that classification exists, and will retain his or her preferential position for a period of time equal to one year for each five full years of service. In the event two or more Y-Rate employees are placed on the same eligible list, they will be ranked by seniority in the higher class. Certification to vacancies will be in accordance with PMR 32, Certification Process.

B. Notwithstanding anything contained herein, no person shall be entitled to receive any remuneration at a rate greater than that specified for the official classification without prior specific action by the Board of Supervisors or their designee.

Approval

Effective Date: January 2005
Revisions No. : 0
Prepared By: Laura Armor
Approved: ss/President, Board of Supervisors

Personnel Regulation 41: Compensation

Applicability & Purpose

This Personnel Management Regulation (PMR) describes compensation policies for County employees.

41.1 Salary on Initial Hire

A probationary, regular, or provisional employee will be placed on the first step of the salary range of the classification into which the employee is hired. An employee may be appointed to the second step upon the recommendation of the department head and approval of the Director of Human Resources. Based on background and experience, appointment above the second step may be made upon department head and Director of Human Resources recommendation and County Administrator approval.

41.2 Salary on Promotion

A. Unless an applicable memorandum of understanding provides otherwise, a regular employee or probationary employee after six months of employment who is promoted to a classification having a greater maximum salary will be placed on the lowest step of the new range that results in not less than a five percent increase above the employee’s current regular salary. Upon recommendation of the department head and approval of the Director of Human Resources, the employee may be placed at the next higher step. If the employee moves from a 37-1/2 hour per week position to a 40 hour per week position, the salary used to calculate the increase will be the employee’s current hourly rate. Otherwise the salary used will be the employee’s biweekly salary.

B. If an employee fails the probationary work test period in the higher classification, he or she will be placed at the same salary step from which promoted, including consideration for seniority.

41.3 Salary on Temporary Promotion

A probationary or regular employee who is assigned to fill substantially the full duties of a higher classification for more than ten (10) days due to prolonged absence from duty, vacancy of an approved position, or emergency, will be temporarily promoted, in writing, and paid an additional five percent of his or her present salary or the first step of the salary range into which temporarily promoted, which ever is greater, not to exceed 15%. If the employee moves from a 37 1/2 hour per week position to a 40 hour per week position, the salary used to calculate the increase will be the employee’s current hourly rate. Otherwise the salary used will be the employee’s biweekly salary. The decision of the County Administrator is final regarding any disputes under this section.

41.4 Salary on Voluntary Demotion

A regular employee who is voluntarily demoted will be placed within the salary range for the class into which demoted. The salary will be set at the step which is lower and closest to the salary the employee was receiving before the demotion.

41.5 Salary on Demotion to Trainee or Entry Level

A. A regular employee who seeks to move to a trainee or entry level position which leads to an established, budgeted position with greater responsibility and a higher maximum salary, may receive a Y-rate salary not to exceed 10% above the top of the range of the new classification, if recommended by the Director of Human Resources and approved by the County Administrator. The following conditions must be met:

The employee’s current salary is above the top step of the range of the entry level or trainee classification.
The entry level or trainee position leads to a classification with greater responsibilities and a higher salary than the employee’s current salary.
The move to the entry level or trainee position can be accomplished.

41.6 Salary on Reclassification

A. A regular employee who is reclassified will receive the salary set forth below.

If reclassified to a classification with the same salary range, the salary will not change.
If reclassified to a classification with a higher salary range, the salary will be determined in the same manner as a promotion.
If reclassified to a classification with a lower salary range, the employee will be placed within the salary range of the classification to which reclassified at the step which is lower and closest to the salary the employee was receiving before the re-classification unless the County Administrator approves a Y-rate.

41.7 Salary on Transfer

When a regular employee, or a probationary employee who has been employed longer than six months is transferred to a position in the same classification or with the same top step, the salary will not change. If the intervening steps are different, the salary will be the closest step not lower than the employee’s existing salary.

41.8 Salary Placement for Temporary Employees

A. Salary on Initial Hire. An employee hired in temporary status, i.e. extra hire, special appointment, or emergency, will be paid an hourly rate based upon the first or second step of the range of the classification into which the employee is hired. With the approval of the Director of Human Resources, the employee can be placed at any step in the salary range.

B. Salary on Movement to Regular Appointment. When an extra hire or other temporary employee is hired into a position on regular status, the employee is eligible for a merit salary increase the full-time equivalent of one year from the first day of continuous extra hire employment in the same or similar classification. Continuous employment means employment without a break in service of more than five days. Clerical employees and personnel analysts who are hired at Step 1 are eligible to move to Step 2 after six months rather than a year.

C. Salary of Retired Employee Hired as a Temporary Employee. A retiree hired as extra hire in the classification from which he or she retired will be placed on the step held at the time of retirement, or on a lower step if hired to perform a lesser range of duties of the classification.

41.9 Merit Step Increases

A. A probationary or regular employee, who performs successfully (meets standards or above) as indicated on the performance evaluation, upon completion of probation and annually thereafter will be considered for a merit step increase. Upon these reviews, an employee who performs successfully as indicated on the performance evaluation will receive a merit step increase, if one is available, the first day of the pay period following their anniversary date, upon request of the department head and approval of the Director of Human Resources. If the employee is in a clerical job class or is a personnel analyst, the employee can receive a merit step increase after six (6) months and annually thereafter if the employee was hired at step 1 of the salary range for the classification. If the employee was hired at or above step 2 of the salary range for the classification, the first merit step increase will be earned upon completion of one year of service or its equivalent.

Merit Step Increase Not Granted. If the merit step increase is not recommended by the department head or not approved by the Director of Human Resources, the employee will be provided reasons for the determination.
Merit Step Increase After Probation, Demotion, Promotion, or Reclassification. Unless an applicable memorandum of understanding indicates otherwise, step increases following these actions will be calculated based on the time in the new classification rather than on the employee’s original date of hire.
Merit Step Increase for Part-Time Employees. A part-time employee will receive a merit step increase after completion of employment equivalent to the duration of probation for a full time employee and thereafter for employment equivalent to annual employment for a full time employee.

41.10 Special Merit Step Increase

The department head may request and, upon recommendation from Human Resources, the County Administrator may approve additional step increases based upon merit for outstanding performance. A special merit step increase does not change the date for a future merit salary increase.

41.11 Overtime

A. Non-exempt employees may be required to work overtime at the discretion of the supervisor as authorized by the manager.

B. Unless an applicable MOU provides otherwise, overtime for non-exempt general employees is defined as hours assigned to be worked and actually worked (except for authorized rest periods) in excess of forty (40) hours (or 37.5 hours for employees regularly scheduled to work 37.5 hours) in the designated seven (7) day workweek or the equivalent in an approved alternate work schedule.

C. Non-exempt employees working overtime when not expressly authorized to do so by their supervisor may be subject to discipline.

D. Overtime assigned and worked by non-exempt employees will be compensated in pay or time off at time and one-half (1½) their regular rate of pay and will be compensated to the nearest 1/10 of an hour unless otherwise specified in a MOU.

41.12 Compensatory Time

Unless an applicable memorandum of understanding provides otherwise, the employee may request, and the supervisor, as authorized by his or her manager, will have the discretion to approve or not approve overtime compensation in the form of accrued compensatory time at time and one-half (1½). An employee may not accrue more than forty (40) hours compensatory time at any time. Requests by an employee for the use of accrued compensatory time will be granted at the discretion of the department head considering operational needs. The department head should make sure compensatory time is taken as soon as possible after it is earned.

41.13 Payday

Payday occurs biweekly on the Friday following the end of the payroll period. In the event the normal payday falls on a holiday, payday will occur the day before the holiday.

41.14 Payroll Errors

Any payroll error resulting in insufficient payment to an employee will be corrected and a supplemental check issued, not later than five (5) working days from the issuance of the first check or notice, whichever is later. If a payroll error is made resulting in overpayment to an employee, the County will have the right to collect the overpayment through payroll deduction on a schedule in compliance with individual agreements made with employees. Upon realization of underpayment or overpayment, the employee must immediately notify his or her supervisor.

41.15 Timesheets

Each employee must accurately complete and sign a timesheet and submit it to their supervisor not later than the last working day of the payroll period or as otherwise determined by the Auditor-Controller.

41.16 Payment Upon Separation

An employee leaving County employment will receive all earned salary, all vacation accrued, all earned and accrued overtime and compensatory time, accrued, prorated floating holiday, and may receive personal leave time if an MOU so provides. Such payment will be made at the end of the pay period or sooner for involuntary termination.

41.17 Overtime for Exempt Employees

Under unusual circumstances of major projects or excessive overtime over a sustained period of time, such as a declared emergency, upon written request from the department head, the County Administrator, upon recommendation by the Director of Human Resources, may authorize on a case by case basis, overtime or compensatory time at straight time for employees in exempt job classes, unless an applicable MOU provides otherwise. This policy is based on confirmation from the Department of Labor that this does not impact exempt status.

Approval

Effective Date: January 2005
Revisions No. : 0
Prepared By: Laura Armor
Approved: ss/President, Board of Supervisors

Personnel Regulation 42: Benefits

Applicability & Purpose

This Personnel Management Regulation (PMR) describes County policy and procedure for employee benefits.

42.1 Insurance Coverage

A. Eligibility. All full time probationary, regular, and provisional employees and at-will employees other than temporary (extra hire or special appointment and emergency employees) are eligible for full County contribution towards insurance and other benefits. Part-time, probationary, regular and provisional employees are eligible for prorated County benefit contributions if they work half time or more.

B. Group Insurance. The following coverage is offered:

Medical
Dental
Vision
Long Term Disability
Short Term Disability
Group Term Life/Accidental Death and Dismemberment
Long Term Care Insurance

The County also offers a Dependent Care Assistance Program and Medical Reimbursement Account for IRS approved pre-tax set-asides.

C. Mandatory Coverage. Medical, dental, vision and basic life insurance coverages are mandatory for all employees eligible for benefits. State Disability Insurance (SDI) is mandatory for certain bargaining units. For medical insurance only, the employee may waive the County’s coverage if he or she can show proof of equivalent creditable group coverage elsewhere, i.e., through a spouse’s or domestic partner’s group coverage.

D. Interaction with Section 125 of the IRS Code. The County’s benefit plans are guided by Section 125 of the IRS Tax Code and thus abide by certain rules established for pre-tax plans. All premiums paid by employees for their benefits are on a pre-tax basis, with the exception of life insurance premiums for coverage over $50,000, cash back received from their benefits package, and any County payment toward benefits of domestic partners. Employees eligible for cashback on their fringe benefit package are subject to IRS Section 125 regulations, as unused fringe is considered taxable income to the recipient. Section 125 requires that benefits which are selected at the time of employment may not be changed during the benefit year unless there is a change in employment status or life circumstances.

E. Medical Care Reimbursement Account/Dependent Care Assistance Program. Under Section 125 of the IRS Tax Code, the County also offers a Medical Care Reimbursement Account and a Dependent Care Assistance Program to benefits-eligible employees. The County's Medical Care Reimbursement Account (MRA) is a flexible spending account allowing employees to set aside pre-tax dollars up to $3,000 to pay for eligible medical, vision, and dental expenses not covered through the County health plans. The Dependent Care Assistance Program allows employees to set aside up to $5,000 to pay for eligible dependent care, including child and adult daycare. Employees are reimbursed for eligible expenses by submitting receipts to the County’s third party administrator. Administrative costs are borne by the employee.

F. Open Enrollment.

The County offers an open enrollment period for benefits every year (usually from November to December) with changes effective the first pay period of the new calendar year, so that employees can make allowable changes in their benefits packages.
Employees wishing to retire from the County with medical benefits, as well as eligible dependents, must be on the County’s plans at the time of retirement. Employees wishing to retire from the County with Delta Dental insurance, as well as eligible dependents, must be on the County’s plan for a minimum of one year at the time of retirement.
There is no regular annual open enrollment period for the vision and dental plans, thus newly acquired dependents must be added within 30 days of the date of hire or the qualifying event. Employees who waive supplemental life insurance, long term disability insurance, or dependent life insurance at the time of hire may apply for these insurances during open enrollment at which time a disclosure of health status must be made to the insurance carrier for the purposes of underwriting. Employees may apply for but are not guaranteed coverage if applying outside of the new hire period or during open enrollment.

G. Long Term Care Insurance. Long term care insurance is offered once yearly to spouses, registered domestic partners, parents, parents-in-law, grandparents, grandparents-in-law, and children (at least 18 years of age) of eligible employees. This insurance provides an enhancement to medical insurance and Medicare in order to meet the costs of nursing home and in-home care for persons who are unable to care for themselves, whether due to age, disability or illness. Premiums are based on the enrollee’s age at the time of enrollment and the type of plan selected. Payroll deduction is available; however, the cost of the insurance is paid solely by the employee. This benefit is not part of the County’s Section 125 Plan.

42.2 Dependent Family Coverage

A. Any County employee eligible for insurance benefits as set forth in 42.1.A, above, may enroll his or her dependents for coverage in any County medical, dental and/or vision insurance plan in which the employee is enrolled. Individuals who qualify as dependents on the employee’s insurance plans include the employee’s spouse, domestic partner (see Section 42.3, below) and the employee’s or their spouse’s unmarried natural born or adoptive children. Delta Dental considers dependent grandchildren to be children for coverage purposes. Newly acquired dependents, to be covered, must be enrolled within 30 days, or may apply during the annual open enrollment period for benefits (with the exclusion of dental and vision coverage for which there is not an annual open enrollment period).

B. Dependent family coverage is available for all medical, dental and vision plans and may be covered by the County’s bi-weekly family fringe benefit contribution to the employee’s benefit package. Dependent/family coverage is optional on all of the County’s health plans.

C. Children may be covered on benefits up to the end of their birthday month upon reaching age 19. Full-time students (carrying 12 or more units per semester) may stay on the County’s medical, vision, and dental plans until the end of their birthday month upon reaching age 24. Blue Cross Prudent Buyer plans allow children to remain on their parent’s plan until age 25 if they are IRS qualifying dependents, whether or not they are in school.

D. Employees are responsible for notifying the County upon a change in status of any covered dependents (i.e. divorce, child exceeding maximum eligible age, termination of a domestic partner relationship, etc.)

42.3 Domestic Partner Coverage

A. Eligibility. Any County employee eligible for insurance benefits as set forth in 42.1.A may enroll his or her registered domestic partner for coverage in any County health, dental and/or vision plan in which the employee is enrolled. A domestic partner may also participate in the County long term care insurance program. In order to qualify for coverage under the domestic partner provision, the employee and his or her domestic partner must file a Declaration of Domestic Partnership with the Secretary of State or County Clerk as noted below, and complete, sign, and file with the Human Resources Department an affidavit that includes the following basic requirements, among others:

Both the employee and the domestic partner have reached age 18.
Neither is married or has had another domestic partner within the previous six months, unless that domestic partnership terminated by death or marriage.
Neither would be prevented under California law from marrying the other as a result of blood relationship.
Both persons share a common residence.
Both members are economically responsible to third parties for each other’s basic living expenses for food, shelter, and medical care and this will remain the case for at least as long as the non-employee domestic partner is covered by the insurance plan.

B. Pre-Tax Treatment. Employees intending to cover a domestic partner under any of the County’s health, dental and/or vision plans should understand that as a result of applicable federal and state laws, coverage of the domestic partner may not be eligible for pre-tax treatment under Section 125 of the IRS Code and this may result in increased taxable income to the employee.

C. Enrollment. An employee and same sex domestic partner who wish to enroll in insurance benefits must file a Declaration of Domestic Partnership with the Secretary of the State. An employee and opposite sex domestic partner who wish to enroll in insurance benefits must file a Declaration of Domestic Partnership with the County Clerk of the county in which the domestic partners either live or work. An employee must also obtain from the Human Resources Department an Affidavit for Enrollment of a Domestic Partner and the applicable insurance enrollment forms. These forms must be completed and returned to the Human Resources Department, along with proof of the Declaration of Domestic Partnership during the open enrollment period or within 30 days of the Declaration of Domestic Partnership. There may be a requirement to show evidence of current coverage and/or to complete a health questionnaire. The domestic partner must enroll in the same plan(s) as the employee.

42.4 Workers' Compensation

A. All employees are entitled to workers’ compensation benefits. This coverage is automatically applied and immediate and protects each employee from an illness or injury which both arises out of and occurs in the course and scope of County employment. If an employee cannot work due to a job related injury or illness, workers’ compensation insurance pays the medical bills and provides a portion of income until the employee can return to work.

B. All injuries or illness arising out of and occurring in the course and scope of employment must be reported immediately to the employee’s supervisor. Failure to report an injury may jeopardize entitlement to workers compensation. Upon notice or knowledge of an injury or illness, the supervisor will provide an employee a Workers’ Compensation Claim Form (DWC-1) within 24 hours. The supervisor will complete lines #1 and #12 on the form and retain a copy as proof of delivery. The supervisor will also complete the Employer’s Report of Occupational Injury or Illness Form (both available in the Risk Management Division of the County Administrator’s Office) and the Employee Accident Injury or Illness Investigation Report within 24 hours of the occurrence of the injury and submit them to the County Administrator’s Office, Risk Management Division, within 48 hours of the occurrence of injury or illness.

C. Marin County or its insurance carrier is not liable for the payment of workers' compensation benefits for any injury which arises out of an employee's voluntary participation in any off-duty recreational, social or athletic activity which is not a part of the employee's work-related duties. An employee may be required to sign an authorization of participation in the activity.

42.5 Retirement

All probationary, regular, provisional and at-will employees other than temporary (extra hire, special appointment and emergency employees) working three-fourths time or greater are eligible for retirement benefits through the Marin County Employees’ Retirement System established under the County Employees’ Retirement Law of 1937.

Employees not eligible for retirement benefits through the Marin County Employees’ Retirement System, or elected officials who choose not to be covered by the Marin County Employees’ Retirement System, are required to participate in the alternative to social security established by the County. This program is titled the PST Retirement Program, referring to part-time, seasonal, and temporary employees.

42.6 Tuition Reimbursement

A. Eligibility. All employees except temporary employees are eligible for tuition reimbursement. Probationary employees are eligible upon prior approval of the department head and the Director of Human Resources.

B. Eligible Courses. Eligible courses must be directly related to an employee’s current position, or to a position which may be reasonably anticipated within the near future to make a person more upwardly mobile in the County Merit System. Courses will be given by an accredited educational, technical, vocational, trade or business school or institution, whether public or private, including correspondence school.

C. Reimbursement. An employee may be reimbursed for up to 50% of the cost of tuition or registration, books and materials upon evidence of satisfactory completion of an approved course, provided funds are available in the appropriate budget category within the department.

D. Procedure. Before enrollment, an employee must complete the Request for Tuition Reimbursement Form. If the form is approved by the department head and the Director of Human Resources, the employee will receive a copy and the employee can enroll in the course and seek reimbursement. After completion of the course, the employee must furnish the department with: (1) evidence of successful course completion, i.e. copy of grade notification slip; and (2) evidence of payment of tuition, books, etc. The department submits the approval with attachments to the Auditor/Controller for payment.

E. Restrictions

County reimbursement may not be claimed if the education expenses are being defrayed 50% or more by another agency or program, whether public or private. If less than 50%, the difference may be reimbursed by the employee’s department in accordance with the above policy guidelines.
No education reimbursed hereunder, except in the case of female employees eligible for release time under the NOW Program, will conflict with an employee’s normal duties, responsibilities, and work hours, unless approved in advance by the employee’s department head.
All reimbursements will be made only when evidence of satisfactory completion of the course is furnished. Such evidence may include a grade of C or better or any other designation for satisfactory completion on an official report of grades or an official memo or letter from the institution documenting that the student met all the requirements for satisfactory completion of the course.
Training required by statute, non-training meetings of professional organizations, conventions of State associations of officials, conferences called by certain State offices, and training courses initiated by the County, will be reimbursed as an employee expense and not through the Tuition Reimbursement Program.

42.7 National Organization for Women (NOW) Release Time

A. Eligibility. Female employees holding regular positions in clerical, technical, paraprofessional, skilled craft, service – maintenance, and protective service job classes are eligible for release time for training classes if the training class lends itself to upward mobility. Such classes must increase the employee’s knowledge, skill, and/or abilities and, as a result, enhance the employee’s promotability or prepare the employee for career change with greater promotion potential. Personal enrichment classes do not qualify.

B. Release Time. Up to 20 hours per calendar year during regular work hours may be taken to attend training classes. Release time not used in the calendar year cannot be carried over.

C. Procedure. Release time must be approved in advance by the employee’s supervisor for scheduling purposes.

D. Payment Not Provided. This policy does not provide payment for any training or educational expenses resulting from NOW release time, and does not apply to training taken outside the regular work schedule.

42.8 Employee Assistance Program

A. Eligibility. All employees except temporary employees are eligible for participation in the Employee Assistance Program (EAP), as provided by the County. The employee’s lawful spouse or significant other, including domestic partner; unmarried, dependent children; immediate family members including parents, step-parents, siblings, grandparents, and in-laws are also eligible. Children are defined as natural, adopted, foster, or step-children age 18 or less, or age 24 or less if full-time students, or of any age if incapable of self-sustaining employment due to a mental or physical disability.

B. Confidentiality. The services are confidential. No information is reported to the County about any individual’s use of the EAP. The only report is an annual statistical Countywide utilization summary including the types of services used.

42.9 COBRA

A. Eligibility. All County employees receiving insurance, covered spouses, covered domestic partners, and covered dependents are eligible for continued insurance benefits under the Consolidated Omnibus Budget Reconciliation Act (“COBRA”).

B. Coverage. An eligible employee or dependent can continue coverage in their current medical, dental and/or vision insurance plan, as well as the Medical Care Reimbursement Account, at the time of a qualifying event.

C. Qualifying Event and Period Coverage

18 Months for the Following Qualifying Event: Resignation or termination of employment for reasons other than gross misconduct, or reduction of hours which results in loss of group health eligibility. Effective September 1, 2003, a qualified employee who began receiving COBRA coverage on or after January 1, 2003 and is entitled to less than 36 months of medical coverage will be given the opportunity to continue medical coverage for up to 36 months under the conditions set forth herein.
36 Months for the Following Qualifying Events:
1. Death of the employee
2. Divorce, legal separation or termination of a domestic partnership.
3. Cessation of child’s dependent status under the terms of the plan
4. Employee separation: Effective September 1, 2003, a qualified employee who began receiving COBRA coverage on or after January 1, 2003 and is entitled to less than 36 months of medical coverage will be given the opportunity to continue medical coverage for up to 36 months under the condition set forth herein.
5. Determined to be disabled by the Social Security Administration at the time of the qualifying event or during the first 60 days of coverage.
Born or Adopted Child: Any child born or adopted by a former employee during the period of COBRA continuation coverage will be a qualified beneficiary and may be covered immediately under the parent’s COBRA coverage.

D. Payment. Payment for coverage will be made by the employee, plus an additional 2% administrative fee. Payments are due according to the schedule determined by the Auditor/Controller’s Office. Failure to make timely payments will result in cancellation of coverage.

E. Employees over the age of 60. An employee who is over the age of 60 on the date employment ends and has worked for the County at least five years, may be eligible with his/her spouse for COBRA up to age 65.

F. Procedures. An employee must submit a COBRA coverage request form to the Human Resources Department no later than 60 days from the date of the qualifying event.

42.10 Benefits Upon Separation

A. Insurance. Medical, dental and vision insurance, as well as the Medical Care Reimbursement Account, are available under COBRA, as set forth in Section 42.9, above. The basic life and supplemental life insurance for employee and spouse can be converted to an individual plan upon notice to the insurance carrier within 30 days of separation.

B. Retirement

General Information. Any employee may leave their retirement contributions on deposit with the County’s 1937 Act retirement system. Any employee may also withdraw their contributions, with interest, unless they intend to establish reciprocity in another retirement system. A reciprocal retirement system is a qualified system (37 Act, CalPERS, etc.) that has a reciprocal relationship with the Marin County Retirement System. The minimum retirement age is 50 if employed prior to July 1, 1980; 55 if employed after July 1, 1980. Service as used below includes service in a reciprocal retirement system.
Deferred Retirement. If an employee leaves with fewer than five years of service, contributions may be left on deposit and earn interest. He or she may begin earning a retirement benefit at age 70 ½ . If an employee leaves with five years of service or more, but fewer than ten years of service, contributions may be left on deposit and earn interest until the minimum retirement age is reached and a total of 10 years of combined actual service and deferred retirement has passed.
Service Retirement. An employee who has ten years of continuous service and has reached the minimum retirement age is eligible for a service retirement. An employee in safety retirement with 20 years of service is eligible to retire at any age. An employee in miscellaneous retirement with 30 years of service or more is eligible to retire at any age.
Employees wishing more information or considering retirement are encouraged to contact the Retirement Office well ahead of time.

C. Payment of Leave Balance

Vacation and Compensatory Time Accrued vacation and compensatory time are paid at separation.
Floating Holidays Unused accrued, pro-rated floating holidays will be paid at the straight time rate at separation.
Personal Leave There will be no payment for accumulated personal leave unless an applicable MOU provides otherwise.
Sick Leave There will be no payment for accumulated sick leave.

42.11 Temporary Employees

Temporary employees, defined as extra hire, special appointment and emergency employees are not eligible for any benefit other than as required by State and federal law, (e.g. worker’s compensation, alternative to Social Security, etc.).

Approval

Effective Date: January 2005
Revisions No. : 0
Prepared By: Laura Armor
Approved: ss/President, Board of Supervisors

Personnel Regulation 43: Performance Planning & Evaluation

Applicability & Purpose

This Personnel Management Regulation (PMR) describes the rules for conducting performance planning and evaluation for County employees.

Employee performance planning and evaluations provide an on-going process for supporting an employee’s job development and providing him/her with performance feed-back.

43.1 Purpose of Planning and Evaluation

A. The purpose of employee performance planning and evaluations will be to achieve the following:

Assist an employee to perform his/her job more effectively for the mutual benefit of the employee and the County by providing a process to set performance goals / work objectives and review progress towards those goals and objectives.
Provide an on-going process for evaluating an employee’s job performance.
Identify those employees whose performance needs improvement, is marginal or unsatisfactory.
Recognize the achievements and accomplishments of employees and support improvements of employees’ job performance.

43.2 Performance Planning

Annually, the supervisor and employee will discuss and establish the performance goals and work objectives based on the employee’s class specification for the evaluation period. The relationship between the individual, department and County goals and purposes will be included. The discussion will provide an opportunity for the employee and supervisor to discuss any support that may be provided by the supervisor.

43.3 Written Evaluation

A. Evaluation of the work performance of employees will be recorded in a written performance evaluation on an approved County Performance Evaluation Form (attached hereto) or another format approved by the Director of Human Resources, to be placed in the employee’s personnel file. The purpose of the written employee performance evaluation will be to achieve the following:

Serve as a record of the employee’s performance for the evaluation period.
Serve as a record of the employee’s achievement of goals and work objectives.
Serve as documentation of performance deficiencies for those employees whose performance needs improvement or is unsatisfactory.

B. If an employee’s performance needs improvement or is unsatisfactory, a performance improvement plan (PIP) will be included with the written evaluation along with a time (usually 90 days) for a follow-up evaluation. Until the employee achieves successful performance (competent and effective or above), additional written evaluations shall be accompanied by a performance improvement plan (PIP).

43.4 Procedure

A. An employee’s evaluation shall be completed by a supervisor or manager who is knowledgeable of the employee’s work during the evaluation period. In most instances, that shall be the employee’s immediate supervisor.

B. An employee’s performance rating should be supported with details (e.g.; prior notifications (oral or written), documentation, examples).

C. This procedure shall include an opportunity for the employee and the supervisor to discuss concerns relative to the evaluation and assistance that may be provided to the employee during the upcoming evaluation period.

D. An employee who receives a rating below competent and effective and disagrees with the rating may request a meeting with the appropriate next level manager / supervisor. During such meeting, the employee may present his/her self-assessment or any other information that may be helpful. Following that meeting the manager / supervisor may consult with the supervisor who initiated the performance evaluation in order to consider any changes that may be warranted. That decision is final.

The failure to grant an employee’s requests to meet pursuant to this sub-section is grievable up to step 2 of the grievance procedure.

E. Performance evaluations are not grievable or appealable, except where specifically identified in this PMR.

43.5 Merit Increase

An employee must have a performance evaluation with a rating of competent and effective or above, as set forth in PMR 43.3 above, to receive a merit increase.

If an employee’s merit step increase is withheld based on the employee’s performance evaluation, the employee will be re-evaluated and reconsidered for a merit step increase at the time of the follow-up evaluation, as described in 43.3 B. If an employee receives a merit step increase upon his/her follow-up evaluation, the date for his/her annual performance evaluation and step increase will be re-set in accordance with the date of the last evaluation and merit step increase.

Performance evaluations for employees eligible for a merit increase are to include the appropriate Personnel Action Form regarding the increase.

43.6 Timelines

Non-probationary, regular hire, full-time and part-time employees will be evaluated after every year (12 months) in paid status (excluding overtime and/or compensatory time earned) and prior to receiving a merit increase or as otherwise designated by the applicable collective bargaining agreement. However, if an employee is granted a leave of absence in excess of thirty (30) consecutive calendar days in paid or unpaid status, the employee’s annual evaluation period and merit increase as identified in 43.4 above will be extended by the length of the absence.

Departments may adopt an annual evaluation period, during which all employees who are at the top of the salary schedule, and therefore are ineligible for a merit increase, will be evaluated.

The due date for all evaluations is the last day of the 12-month period referred to in the first paragraph in PMR 43.6 unless the employee’s department has established an annual evaluation period as provided for in the second paragraph of PMR 43.6, in which case the due date shall be the last day of that evaluation period. The failure of a Department to evaluate an employee within 60 days of the due date described in this section is grievable up to step 2 of the grievance procedure.

43.7 Probationary Employee Assessment

As the probationary period is the last step in the examination process, the supervisor must assess whether or not the probationary employee has demonstrated competency in the requisite skills, knowledge, ability, and character necessary to successfully become a regular hire employee. Before the end of the probationary period, a written evaluation is required for an employee to pass probation and move to regular status. Unless a collective bargaining agreement requires otherwise, interim evaluations are encouraged, but not required, and need not be in writing. Such interim evaluations, if conducted, are designed to provide feedback to the probationary employee as to his or her progress in meeting expectations.

43.8 Employee's Response

An employee will sign his or her performance evaluation acknowledging (in writing) its receipt within ten (10) calendar days and will be provided a copy of the performance evaluation. The employee has 30 calendar days from receipt of the evaluation to submit a written response. The response should be submitted to the department head with a copy to the Human Resources Department. The response will be placed with the evaluation in the employee’s personnel file. The employee has no further means of challenging or appealing a performance evaluation.

Approval

Effective Date: January 2005
Revisions No. : 1
Revision Date: April 12, 2016
Approved: ss/President, Board of Supervisors

Personnel Regulation 44: Leaves of Absence

Applicability & Purpose

This Personnel Management Regulation (PMR) presents rules for the various types of leaves of absence applicable to County employees.

44.1 Sick Leave

A. Defined. Sick leave is leave from duty with pay which may be granted to an employee for the following reasons:

The diagnosis, care, treatment of, or preventative care for, the employee’s own health condition or that of a qualifying family member or designated person as defined by state law. “Qualifying family members” include an employee’s child, parent, parent-in-law, spouse, registered domestic partner, grandparent, grandchild, or sibling;
If an employee is a victim of domestic abuse, sexual assault, or stalking, for related reasons permitted by law; and
As otherwise stated in these PMRs or permitted by law.

B. Eligible Employees. All employees who have worked for the County at least 30 days within a 12-month period, are entitled to sick leave, pursuant to this PMR or the applicable collective bargaining agreement (CBA).

C. Sick Leave Accrual for Regular, Full-time and Part-time Employees Allocated at .5 FTE or More. Unless an applicable CBA provides otherwise, eligible employees will accrue sick leave at the rate of .0462 hours for each hour or major fraction thereof worked, with no limit on accrual. Contingent (temporary) employees and Regular, part-time employees allocated at less than .5 FTE will be provided with sick leave in accordance with applicable law and as described in Section 44.1, K. of this PMR or applicable CBA.

D. Employee Sick Leave Use. Unless an applicable CBA provides otherwise, sick leave up to the total number of working hours accumulated shall be granted by an employee's department head or manager/supervisor for any of the reasons listed in Section 44.1(A) of this PMR. When the date(s) are known in advance, the employee must submit a written time off request to his/her/their supervisor for approval and submittal to the department head or designee.

E. Sick Leave Use Exception. Represented employees may have exceptions to the use of sick leave and should refer to their collective bargaining agreements to understand if there are exceptions to the use of sick leave for an illness or injury attributable to an outside occupation for which Workers’ Compensation benefits are available and engagement therein has not been authorized.

F. Sick Leave Usage for Industrial Illness or Injury

Unless an applicable CBA provides otherwise, in cases where workers’ compensation benefits are not immediately payable, the County will provide full pay, without charge against sick leave, during the first week of work, following an industrial illness or injury, provided the County determines that:

a. The accident is work related;

b. Time off work is warranted; and

c. The duration of the time off requested is warranted.
In all other cases, unless an applicable CBA provides otherwise, eligible employees may use their accumulated sick leave for time off work following an industrial injury or illness in a proportionate amount of which when added to workers' compensation benefits, will provide total compensation equal to the employee's regular wage or salary. Upon exhaustion of accumulated sick leave or the employee’s election not to use accrued sick leave, accrued vacation time may be applied in the same manner.
In cases where an industrial illness or injury results in exhaustion of all accrued sick leave, five (5) additional days of sick leave will be credited to the employee upon his/her/their return to work unless an applicable CBA provides otherwise.

G. Abuse/Misuse of Sick Leave. An employee may be subject to disciplinary action for abuse of sick leave when the employee claims entitlement to sick leave, but the County determines the employee has not met the requirements for sick leave usage as set forth in 44.1.A, above.

H. Evaluation of Sick Leave Usage. Abuse/misuse of sick leave will be considered in establishing the employee’s performance rating.

I. No Payout at Separation. Unused sick leave will not be paid out when an employee separates employment from the County.

J. Unused Sick Leave Conversion to Retirement Service Credit Upon Retirement. Unless an applicable CBA provides otherwise, retirement service credit is provided for 75% of unused sick leave at the time of retirement from County service for regular-hire employees.

K. Sick Leave for Regular Part-Time Employees Allocated Less Than .5 FTE and Contingent (Temporary) Employees. The County will provide sick leave benefits as required by law, after an employee completes thirty (30) days of employment with the County as follows:

Eligible employees shall receive five (5) days or forty (40) hours of sick leave on July 1^st of each year, as determined by their regular work schedule.
New employees will receive five (5) days or forty (40) hours of sick leave in the first pay period thirty (30) calendar days after hire.
Eligible employees may not use paid sick leave until ninety (90) calendar days after hire.
Unused sick leave for regular part-time employees rolls over year to year; unused sick leave does not roll over from one fiscal year to the next for Contingent (Temporary) employees.
All notice requirements and rules regarding the appropriate use of sick leave as defined in the PMRs, CBA and applicable law apply to part-time and Contingent (Temporary) employees.

44.2 Catastrophic Leave Donation Plan

A. Definitions.

A Catastrophic Leave Bank (CLB) shall be maintained by the Human Resources Department. The CLB is designed to provide relief to employees who are unable to work due to a catastrophic illness or injury.
“Catastrophic illness or injury” is defined as a bona-fide and certifiable long-term illness or injury of an employee or employee’s immediate family member, for which a physician has certified the condition is likely to result in an absence of twenty-one (21) or more consecutive calendar days.
“Immediate family member” includes parent, spouse, domestic partner, parent of spouse/partner, sibling, or child. “Child” means a child under the age of 18 years of age, or 18 years of age or older who is incapable of self-care because of a permanent or temporary physical or mental disability. An employee’s child is one for whom the employee has actual day-to-day responsibility for care and includes a biological, adopted, foster, or step-child, legal ward, or a child of a person standing in loco parentis. If the leave is for an immediate family member, the requesting employee must be providing active assistance for daily self-care.
“Health Care Provider” is defined in the Family and Medical Care Leave Policy, Section 44.5.
Examples of illnesses or injuries that may qualify for the catastrophic leave program include: heart attack, heart conditions requiring heart bypass or valve operations, cancer, back conditions requiring extensive therapy or surgical procedures, stroke, severe respiratory conditions, spinal injuries, emphysema, complications from surgery, severe arthritis, severe nervous disorders, and clinically diagnosed mental health conditions that limit an employee’s ability to perform work of any kind.

B. Eligibility. The catastrophic leave donation plan is available to regular hire employees who have completed probation, and who have exhausted all paid leave or anticipate exhausting all paid leave within the next two (2) pay periods as a result of a catastrophic illness or injury as defined above in PMR 44.2.A. Contingent (temporary) employees are not eligible for the catastrophic leave donation plan.

C. Application and Approval. To apply for catastrophic leave, an employee must submit a completed Catastrophic Leave Application Form, current medical certification, and any additional supporting documents to Human Resources. Leave donations will not be provided to the recipient for any time prior to the application approval date. HR shall review applications on a biweekly basis and make recommendations for approval; final approval will be at the discretion of the Director of Human Resources or their designee. All of an employee’s leave balances including sick leave, vacation, floating holiday, compensatory time, management leave, professional leave, and personal leave must be exhausted prior to receiving donated catastrophic leave.

D. Administration and Limits.

All donors must sign a release form, and may not make conditional donations. Donations may be in the form of vacation, floating holidays, and/or compensatory time and shall be deposited into the CLB. Donors must maintain at least one (1) week of paid leave to use for their own purposes.
Donated leave will be converted to its cash value at the donor's base rate of pay and deposited into the CLB upon receipt. Donations will then be converted to catastrophic leave hours based on the recipient's base rate of pay. The converted leave will be provided to eligible employees in up to two-week increments.
Donations will be deposited into the CLB and are irrevocable once deposited.
Employees may receive catastrophic leave donations for no more than six (6) calendar months in a rolling twelve (12) month period, unless there are extenuating circumstances and the Human Resources Director or his/her/their designee grant an extension. To be eligible to receive an extension, there must be a predictable date of return to work.
Employees may not donate more than 80 hours per calendar year. Donations will be accepted any time the balance of the CLB is less than $110,000.

E. Integration and other Leave Provisions. If a recipient is eligible to receive Temporary Disability (TD), State Disability (SDI), and/or Long-term Disability (LTD) benefits, the County shall prorate applicable leave donations to make up the difference, equal to, but not in excess of, 100% of recipient’s regular gross pay. In such circumstances where leave donations are prorated, recipient shall continue to receive the full County contribution (Fringe) toward benefits. Employees on catastrophic leave will not accrue any regular leave, including sick, vacation, management leave, personal leave, floating holidays, or professional leave. When returning to work from catastrophic leave, employees will resume receiving leave in accordance with the accrual and proration schedules outlined in the applicable CBA or the PMR. During the first six (6) months of an employee’s return from catastrophic leave, an employee may borrow sick leave up to the amount the employee will earn during his/her/their initial six (6) months back to work. If an employee borrows sick leave, such sick leave borrowed shall be subtracted from future accumulations until accumulations equal excess sick leave actually taken. Thereafter, sick leave shall accumulate as provided by the applicable CBA or the PMR.

F. Taxability. The County Catastrophic Leave Donation Plan will comply with all applicable tax laws.

44.3 Vacation Leave

A. Eligible Employees. All employees, except Contingent (temporary) employees, and elected officials, are entitled to accrue vacation leave. Part-time employees accrue vacation leave on a pro-rata basis.

B. Vacation Leave Accrual. Unless an applicable CBA provides otherwise, eligible employees accrue vacation leave on the basis of continuous years of service in accordance with the following schedule:

Months of Service	Hourly Standard Accrual	Maximum Workdays Per Year
0 through 24 months*	.0385	10
Greater than 24 months through 108 months	.0577	15
Greater than 108 months through 228 months	.0770	20
Greater than 228 months through 348 months	.0962	25
Greater than 348 months	.1154	30

* Exceptions: For top management positions in unit #21 (Appointed Officials) and #26 (Assistants and Deputy Department Heads,: fifteen (15) working days (or an hourly accrual of .0577).

C. Unpaid Leave of Absence. Vacation leave does not accrue during any unpaid leave of absence.

D. Vacation Leave Use.

Vacation leave may not be taken without written request to the employee’s supervisor or manager and notification from them that the request has been approved in advance of the vacation leave. Vacations should be scheduled as far in advance as reasonably possible in each work unit and staggered over the calendar year to the extent reasonable.
Unless an applicable CBA provides otherwise, employee preference for vacation time off, to the extent that it is reasonable, will be honored (on a seniority or annual rotation basis, in the event of a conflict), subject to the department head’s judgment to ensure the maintenance of minimum work force at all times, peak workload coverage, and/or general departmental and public convenience.

E. Changes to Vacation Leave Requests. Unless department rules have established a different procedure, employees must notify the department head in writing to change or cancel any vacation leave request. The requested change or cancellation will have no effect, and vacation leave will be charged to the employee for the original request, unless the department head or his/her/their designee provides his/her/their approval of the change/cancellation request in writing.

F. Limits on Accrual of Vacation Leave. Employees will not accumulate any further vacation leave if their unused vacation leave reaches the following levels:

Employees holding positions in group/BU UN31: 300 unused hours.
Employees holding positions in group/BU UN20 (Department Heads), UN21 (Assistant and Deputy Department Heads), UN32 (Confidential Professionals), UN33 (Confidential Management), UN35 (Board Aides), UN41 (Child Support Attorneys), and UN42 (Deputy County Counsels): 360 unused hours.
Other employees’ limits are governed by the applicable CBA.
To avoid impairment of County services, the County Executive may approve the accumulation of unused vacation hours in excess of the maximums specified above.

G. Holidays During Approved Vacation Leave. When a holiday observed by the County falls within an employee's approved vacation leave, that day will not be charged against the employee's accrued vacation leave.

H. Injury or Illness During Approved Vacation Leave. If an employee becomes ill or is injured during approved vacation leave, the employee may choose to use accrued sick leave, if any, for the time of actual illness, provided the employee meets the criteria set forth in Section 44.1.

I. Payment Upon Separation from Employment. Subject to limits on unused hours specified in subsection F, an employee who separates employment with the County and has earned and accrued vacation leave to his/her/their credit will be paid for the remaining vacation leave as of the last date of employment.

44.4 Holidays

A. Observed County Holidays. The following holidays are observed by the County. Unless an applicable CBA provides otherwise, all regular, probationary, provisional, and at-will employees, except Contingent (temporary) employees, are entitled to the following holidays with pay.

New Years Day
Martin Luther King Jr.’s Day
President’s Day
Farmworkers Day
Memorial Day
Juneteenth
Independence Day
Labor Day
Veterans Day
Thanksgiving Day
The Friday immediately following Thanksgiving Day
Christmas Day

B. Special Holidays. In addition to the recognized holidays listed in subsection A, the County may, provided approval is given by the Board of Supervisors, observe as a holiday every day appointed by the President of the United States or the Governor of the State of California for a public fast, thanksgiving or holiday upon which federal and/or state government offices will be closed. Such a holiday will be granted to regular, probationary, provisional, and at-will employees (except contingent (temporary) employees).

C. Weekend Holidays. If a holiday falls on a Saturday or Sunday, the Friday preceding a Saturday holiday or the Monday following a Sunday holiday will be deemed a holiday in lieu of the day observed. For an employee who does not work a Monday through Friday schedule, the day immediately following their day(s) off will be deemed to be a holiday in lieu of the day observed, unless for business reasons the department head and employee agree to another day, preferably within the same pay period.

D. Floating Holidays. Unless an applicable CBA provides otherwise, two (2) to four (4) days per year (as noted below) will be deemed floating holidays which may be taken at any time or times during the fiscal year in which they are accrued provided written request is made in advance and the department approves such request in writing. Employees eligible for floating holidays are regular, probationary, and at-will (except contingent (temporary) employees and elected officials). If an employee transfers to another County position, the total accrual for the year of transfer will not exceed the maximum accrual for the year for any one position held.

Manner of Accrual of Floating Holidays for Unrepresented Employees. Each unrepresented employee, except for confidential clerical positions, will accrue two (2) floating holidays on July 1 of each year. Any unrepresented employee hired between July 1 and January 1 of any fiscal year will immediately accrue two (2) floating holidays upon appointment for that fiscal year. Any unrepresented employee hired on or after January 1 through March 30 of any fiscal year will accrue one (1) floating holiday for the balance of the fiscal year. Unrepresented employees hired after March 30 of any fiscal year will not accrue floating holidays for the balance of the fiscal year.
Manner of Accrual of Floating Holidays for Employees in group/BU UN31. Each employee in BU UN31 (Confidential Clerical and Technical) will accrue four (4) floating holidays on July 1 of each year. All employees hired in a position in BU UN31 between July 1 and January 1 of any fiscal year will immediately accrue upon appointment four (4) floating holidays (30 hours) for that fiscal year. All employees hired in a position in BU UN31 on or after January 1 through March 30 of any fiscal year will accrue two (2) floating holidays (fifteen (15) hours) for the balance of that fiscal year. Employees in these groups hired after March 30 of any fiscal year will accrue no floating holidays for the balance of the fiscal year.
Manner of Accrual of Floating Holidays for Represented Employees. The right to, use of and manner of accrual of floating holidays for employees represented by a union or association, if any, will be determined by applicable CBA.
No Carry-Over of Floating Holidays. Floating holidays must be taken in the fiscal year accrued and will not carry over from one fiscal year to the next. Upon separation of employment from the County, unused, accrued pro-rated floating holidays will be paid at the employee’s straight time rate.

44.5 Family and Medical Care Leave

A. Statement of Policy. This Section provides eligible employees with Family and Medical Care Leave as required by the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA). Each provision of this Section is subject to the defined terms set forth below in subsection 44.5 B.

B. Definitions. The following definitions apply to 44.5 Family and Medical Care Leave

“12-Month Period” means a rolling twelve (12) month period measured backward from the date leave is taken and continuous with each additional leave day taken. (FMLA 29 CFR 825.200; CFRA 2 CCR 11090(b)).
“Child” means a biological, adopted, foster or step-child, legal ward, or a child of a person standing in loco parentis. “In loco parentis” is defined below in subsection 6. (FMLA 29 CFR 825.122(d); CFRA 2 CCR 11087).
“Covered Military Member” means an employee’s spouse, domestic partner, child (as defined in 44.5 B. 1. a. above), or parent who is on covered active duty in the Armed Forces. (FMLA 29 CFR 825.126; CFRA 2 CCR 11087).
“Covered service member” (Military Caregiver Leave) means an employee’s spouse, child, parent or next of kin who is a current member of the Armed Forces (including members of the National Guard or Reserves) and who is undergoing medical treatment, recuperation, or therapy for a serious injury or illness, is otherwise in outpatient status or on the temporary disability retired list for a serious injury or illness incurred in the line of duty on active duty. (FMLA 29 CFR 825.127).
“Veteran,” means an employee’s spouse, child, parent or next of kin who is undergoing medical treatment, recuperation, or therapy for a serious injury or illness, if the veteran was discharged or released from the Armed Forces (including National Guard or Reserves) under conditions other than dishonorable at any time during the period of 5 years preceding the date on which the veteran undergoes that medical treatment, recuperation, or therapy. (FMLA 29 CFR 825.127).
“Domestic partner” means the person named on the employee’s Declaration of Domestic Partnership filed with the Secretary of State and on file with the Human Resources Department. (CA Family Code Section 297)
“Health Care Provider,” as defined by FMLA 29 CFR 825.125 and CFRA 2 CCR 11087, means:

a. A doctor of medicine or osteopathy who is authorized to practice medicine or surgery by the state in which the doctor practices, or any other individual duly licensed as a physician, surgeon, or osteopathic physician or surgeon in another state or jurisdiction, including another country, who directly treats or supervises the treatment of the serious health condition;

b. Podiatrists, dentists, clinical psychologists, optometrists, and chiropractors (limited to treatment consisting of manual manipulation of the spine to correct an existing subluxation as demonstrated by X-ray to exist) authorized to practice in California and performing within the scope of their practice under California State law;

c. Nurse practitioners and nurse-midwives, physician assistants, and clinical social workers who are authorized to practice under California State law and who are performing within the scope of their practice as defined under California State law;

d. Christian Science practitioners listed with the First Church of Christ, Scientist in Boston, Massachusetts;

e. Any other person determined by the United States Secretary of Labor to be capable of providing health care services under the FMLA; and

f. A health care provider listed above who practices in a country other than the United States, who is authorized to practice in accordance with the law of that country, and who is performing within the scope of his or her practice as defined under such law.
“In Loco Parentis” means in the place of a parent; instead of a parent; charged with a parent's rights, duties, and responsibilities. It does not require a biological or legal relationship. (FMLA 29 CFR 825.122 (a)(3); CFRA 2 CCR 11087).
“Next of Kin of a Covered Service member” (Medical Caregiver Leave) means the nearest blood relative other than the covered service member’s spouse, parent, child, in the following order of priority: blood relatives who have been granted legal custody of the covered service member by court decree or statutory provisions, siblings, grandparents, aunts and uncles, and first cousins, unless the covered service member has specifically designated in writing another blood relative as his/her/their nearest blood relative for purposes of military caregiver leave. When no such designation is made and there are multiple family members with the same level of relationship to the covered service member, all such family members shall be considered the covered service member’s next of kin and may take a leave to provide care to the covered service member, either consecutively or simultaneously. When such designation has been made, the designated individual shall be deemed to be the covered service member’s only next of kin. (FMLA 29 CFR 825.127).
“Parent” means a biological, foster, or adoptive parent, a parent-in-law, a stepparent, a legal guardian or other person who stood in loco parentis to the employee when the employee was a child. A biological or legal relationship is not necessary for a person to have stood in loco parentis to the employee as a child. (FMLA 29 CFR 825.122(c); CFRA 2 CCR 11087).
“Qualifying Exigency,” as defined by FMLA 29 CFR 825.126, means circumstances arising out of the fact that an employee’s spouse, domestic partner, child, or parent is a covered military member on covered active duty in the Armed Forces, or call to active duty in a foreign country, including:

a. Issues arising from a covered military member’s short notice deployment (i.e., deployment on seven (7) or less days of notice) for a period of seven (7) days from the date of notification;

b. Attendance in military events and related activities, such as official ceremonies, programs, or events sponsored by the military that is related to the covered active duty of the spouse, domestic partner, child or parent; and/or family support or assistance programs and informational briefings sponsored or promoted by the military, military service organizations, or the American Red Cross that is related to the covered active duty of the spouse, domestic partner, child or parent;

c. Certain child care and related activities arising from the active duty or call to active duty status of a covered military member, such as arranging for alternative childcare, providing childcare on a non-routine, urgent, immediate need basis, enrolling or transferring a child in a new school or day care facility, and attending certain meetings at a school or a day care facility if they are necessary due to circumstances arising from the active duty or call to active duty of the covered military member;

d. Making or updating financial and legal arrangements to address a covered military member’s absence, or for purposes of obtaining, arranging, or appealing military service benefits during a covered military member’s active duty, and for a period of 90 days following the termination of the covered active duty;

e. Attending counseling provided by someone other than a health care provider for oneself, for the spouse, domestic partner, child, or parent in the Armed Forces of the United States, or for the biological, adopted, or foster child, a stepchild, or a legal ward of the spouse, domestic partner, child, or parent in the Armed Forces of the United States, or a child for whom this person stands in loco parentis, who is either not more than 18 years of age, or equal to or more than 18 years of age and incapable of self-care because of a disability at the time that paid family leave is to commence, the need for which arises from the active duty or call to active duty status of the covered military member;

f. Taking up to fifteen (15) days of leave to spend time with a covered military member who is on short-term, temporary, rest and recuperative leave during the period of deployment in a foreign country;

g. Attending to certain post-deployment activities, including attending arrival ceremonies, reintegration briefings and events, and other official ceremonies or programs sponsored by the military for a period of ninety (90) days following the termination of a covered military member’s active duty status, and addressing issues arising from the death of a covered military member;

h. Certain parental care for the covered military member’s parent who is incapable of self-care by requiring active assistance or supervision over daily self-care in three or more of the activities of daily living or instrument activities of daily living, such as arranging for alternative care, providing care on an immediate need basis, admitting or transferring the parent to a care facility, or attending meetings with staff at the parent’s care facility (including but not limited to meetings with hospice or social service providers) if they are necessary due to circumstances arising from the active duty of the covered military member;

i. Any other activities to address other events that arise out of the covered active duty or call to covered active duty of the spouse, domestic partner, child, or parent in the Armed Forces of the United States, provided that the employer and employee agree that this leave will qualify as an exigency, and agree to both the timing and duration of this leave.
“Spouse” means a partner in marriage or a registered domestic partner, including same-sex partners in marriage, as defined or recognized under California State law for purposes of marriage. (FMLA 29 CFR 825.122(b); CFRA 2 CCR 11087(2)(x)).
“Serious health condition,” as defined by FMLA 29 CFR 825.113 – 115 and CFRA 2 CCR 11087(2)(v), means an illness, injury (including, but not limited to, on-the-job injuries), impairment, or physical or mental condition that involves:

a. Inpatient Care (i.e., an overnight stay) in a hospital, hospice, or residential health care facility, any subsequent treatment in connection with such inpatient care, or any period of incapacity. Incapacity means the inability to work, attend school, or perform other regular daily activities due to a serious health condition, its treatment, or the recovery that it requires; or

b. Continuing treatment or supervision by a health care provider, including but not limited to treatment for substance abuse.
“Serious Injury or Illness” (Military Caregiver Leave) means, (1) an injury or illness that was incurred by a covered servicemember, in the line of duty on active duty, or (2) an injury or illness that existed before the beginning of the servicemember’s active duty and was aggravated by service in the line of duty on active duty in the Armed Forces that may render the servicemember medically unfit to perform the duties of the servicemember’s office, grade, rank or rating. (FMLA 29 CFR 825.127).

a. For a veteran, “serious injury or illness” means an injury or illness that was incurred or aggravated by the servicemember in the line of duty on active duty in the Armed Forces and manifested itself before or after the member became a veteran and is, (1) a continuation of a serious injury or illness that was incurred or aggravated when the covered veteran was a member of the Armed Forces and rendered the servicemember unable to perform the duties of the servicemember’s office, grant, rank or rating; (2) a physical or mental condition for which the covered veteran has received a VA Service Related Disability Rating (VASRD) of 50 percent or greater, and where such VASRD rating is based, in whole or in part, on the condition precipitating the need for caregiver leave; (3) a physical or mental condition that substantially impairs the veteran’s ability to secure and follow a substantially gainful occupation by reason of disability or disabilities related to military service or would do so absent treatment; or (4) an injury, including a psychological injury, on the basis of which the covered veteran has been enrolled in the Department of Veterans Affairs Program of Comprehensive Assistance for Family Caregivers.

C. Employees Eligible for Leave. An employee is eligible for leave if the employee has:

Been employed by the County for at least 12 months; and
Worked at least 1,250 hours (work hours) during the 12-month period immediately preceding the commencement of the leave.

D. Qualifying Reasons for Family and Medical Care Leave. Leave is permitted for the following reasons, and as otherwise required by applicable laws:

The birth of a child or, within one (1) year of the birth, to care for a newborn of an employee (Baby-Bonding Leave).
The placement of a child with an employee through adoption or foster care, within one (1) year of placement (Baby-Bonding Leave);
To care for a covered family member (spouse, registered domestic partner, parent, parent-in-law, child, child of an employee’s registered domestic partner, sibling, grandparent, or grandchild) or designated person (a blood relative or someone with whom an employee has a relationship that is equivalent to family) who has a serious health condition;
The employee’s own serious health condition that makes the employee unable to perform the functions of the employee’s position;
Any qualifying exigency arising out of the fact that the employee’s spouse, domestic partner, child, or parent is a covered military member on covered active duty status (Qualifying Exigency Leave); or
To care for a spouse, child, parent, or next of kin who is a covered service member (including certain veterans) with a serious injury or illness (Military Caregiver Leave).

E. Amount of Leave Entitlement. Eligible employees are entitled to a total of twelve (12) workweeks of leave during any 12-month period, except for Military Caregiver Leave, during which eligible employees are entitled to a total of twenty-six (26) workweeks of leave during any 12-month period.

F. Leave Usage

Intermittent Leave and Reduced Work Schedule. If an employee requests leave intermittently (a few days or hours at a time) or on a reduced schedule to care for an immediate family member with a serious health condition or treatment required for oneself, the employee must provide medical certification that such leave is medically necessary. "Medically necessary" means there must be a medical need for the leave and that the medical need can best be accomplished through an intermittent or reduced leave schedule.
Child Bonding, Placement for Adoption/Foster Care. Leave taken for child bonding, adoption or foster care placement of a child does not have to be taken in one continuous period of time, but must be taken within one (1) year of the child’s birth or placement. The minimum duration of such leave is two (2) weeks. However, an employee may take a leave of less than two (2) weeks’ duration on any two (2) occasions.
Leave Due to Serious Health Condition. If leave is requested to care for a covered family member or the employee’s own serious health condition, there is no minimum amount of leave that must be taken. However, the notice and medical certification must follow the provisions of this policy.

G. Employee Notice of Leave. Although the County recognizes that emergencies arise which may require employees to request immediate leave, employees are required to give as much notice as possible of their need for leave. When an employee’s leave is foreseeable, at least thirty (30) days’ notice is required. In addition, if an employee knows that he/she/they will need leave in the future, but does not know the exact date(s) (e.g. for the birth of a child or to take care of a newborn), the employee will inform his/her/their supervisor as soon as possible that such leave will be needed. While written notice is recommended, such notice may be given orally. The employee’s leave request must include the employee’s intent to return to work and the expected date of return. Employees requesting leave to care for a designated person must identify the designated person on the leave request. Absent an emergency or unforeseeable personal or family circumstance, if the County determines that an employee's notice is inadequate or the employee knew about the requested leave in advance of the request, the County may delay the granting of the leave until it can, in its discretion, adequately cover the position with a substitute. (See PMR 44 – Form 1: Request for Family and Medical Care Leave Form).

H. Required Certification

Certification for Employee’s/Covered Family Member’s Serious Health Condition. Employees who request leave for their own serious health condition or to care for a covered family member with a serious health condition must provide written certification from the health care provider of the individual requiring care. If the leave is requested because of the employee’s own serious health condition, the certification must include the beginning and probable ending dates of the illness and a statement that the employee is unable to work at all or is unable to perform the essential functions of the employee’s position. If the leave is requested due to the serious health condition of eligible covered family member, the certification must include a statement that the condition warrants the participation of the employee to provide care during a period of treatment or supervision, an estimate of the amount of time the health care provider believes the employee must care for the covered family member, the probable duration of the medical condition, and the date the serious health condition commenced, if known.
Certification for Military Family Leave. An employee is required to provide a completed and sufficient certification to the County to support the employee’s request for Military Caregiver Leave or Qualifying Exigency Leave. (See PMR 44 – Form 3A: Certification for Military Caregiver Leave and PMR 44 – Form 3B: Certification for Qualifying Exigency Leave).
Time to Provide Certification. When an employee’s leave is foreseeable, the employee must provide a completed and sufficient certification to the County before the leave begins. When this is not possible, the employee must provide a completed and sufficient certification to the County within fifteen (15) calendar days after the County’s request, unless it is not practicable under the particular circumstances to do so despite the employee’s diligent, good faith efforts.
Consequences for Failure to Provide an Adequate or Timely Certification. If an employee provides an incomplete or insufficient certification, the employee will be given a reasonable opportunity to cure any such deficiency. However, if an employee fails to provide a medical certification within the time frame established by this policy, the County may deny the request for leave until the required certification is provided.
Recertification. The County may request a recertification if the employee requests additional leave after the expiration of his/her/their certification. The County may also request recertification for other reasons and at other times as authorized by applicable law.
Authentication of Certification. To authenticate an employee’s certification, the County Human Resources Department may contact an employee’s health care provider. The County may also take other actions to authenticate a certification as authorized by applicable law.
Second/Third Medical Opinions. If the County has a good faith, objective reason to doubt the validity of a medical certification provided by an employee, the County may require a medical opinion of a second health care provider chosen and paid for by the County. If the second opinion is different from the first, the County may require the opinion of a third provider jointly approved by the County and the employee, but paid for by the County. The opinion of the third provider will be final and binding. An employee may request a copy of the health care provider's opinions when there is a second or third medical opinion. However, with respect to Military Caregiver Leave, the County may request a second or third opinion of a current service member’s serious injury or illness only when a certification is provided by a non-military-affiliated health care provider.
Release to Return to Work. As a condition of reinstatement of an employee whose leave was due to the employee's own serious health condition, the employee must obtain and present a certification from the health care provider indicating that the employee is able to resume the essential functions of his/her/their pre-leave position, with or without accommodation. Failure to provide such certification may result in denial or delay of reinstatement. See PMR 44 – Form 4: Return to Work Certification.

I. Returning from Leave

Employee Updates. During leave, employees may be required to periodically report on their status and intent to return to work. If an employee’s status changes, the employee should notify the County as soon as reasonably possible, and provide an updated certification.
Reinstatement upon Return from Leave. Upon expiration of Family and Medical Care leave, an employee is entitled to be reinstated to the position of employment held when the leave commenced, or to a comparable position with equivalent employment benefits, pay, and other terms and conditions of employment. An employee has no greater rights to reinstatement, benefits and other conditions of employment than if the employee had not taken the leave.
Release to Return to Work. As a condition of reinstatement of an employee whose leave was due to the employee's own serious health condition which made the employee unable to perform his/her/their job, the employee must obtain and present a certification as required by Section 44.5.H.8.

J. Integrating County Leaves & Insurance Programs

Integrating County Leaves

a. Substitution of Paid Accrued Leaves. Unless otherwise precluded by law, an employee must use paid accrued leaves, including but not limited to accrued vacation leave, concurrently with Family and Medical Care Leave.

b. County’s Catastrophic Leave Donation Plan. If an employee’s leave of absence is due to a catastrophic illness or injury, the employee may be eligible for Catastrophic Leave, as set forth in Section 44.2.
California Insurance Benefit Programs. California has two insurance programs designed to provide eligible employees with partial wage replacement for a specified period of time for family and medical reasons allowing employees to use paid leave(s) on a pro-rated basis. Both programs require a seven (7) day unpaid waiting period.

a. State Disability Insurance (SDI). State Disability Insurance (SDI) is a state-run program that provides compensation during a specific twelve (12) month base period for individuals who take time off work because of their own illness or injury. If employees pay into the SDI program, they may be eligible for this benefit. Claims for SDI benefits are filed directly with the State Employment Development Department’s (EDD) Disability Insurance Branch. Additional information may be obtained at www.edd.ca.gov.

b. Paid Family Leave Program (PFL). If employees pay into the SDI program, they may be eligible to qualify for Paid Family Leave. Additional information may be obtained at www.edd.ca.gov.

K. Employee Benefits While on Leave

Unless an employee uses other paid leave balances, leave under this policy is unpaid. While on unpaid leave, employees will continue to be covered by the group health insurance (which includes dental and vision) to the same extent that coverage is provided while the employee is on paid status. Employees who contribute towards their group health insurance are required to continue their bi-weekly contribution while on leave. After applicable notice and instructions to the employee on continuing his/her/their contributions, coverage on a particular plan may be dropped if the employee is more than thirty (30) days late in making a premium payment. Employee contribution rates are subject to any change in rates that occurs while the employee is on leave.
Employees will not continue to be covered under the non-health benefit plans, unless specified elsewhere. Employees may make the appropriate contributions for continued coverage under the preceding non-health benefit plans by payroll deductions or direct payments made to these plans. Depending on the particular plan, the County will inform the employee whether the premiums should be paid to the carrier or to the County. Coverage on a particular plan may be dropped if the employee is more than thirty (30) days late in making a premium payment. Employee contribution rates are subject to any change in rates that occurs while the employee is on leave.
If an employee fails to return to work after his/her/their leave entitlement has been exhausted or expires, the County will have the right to recover its share of health plan premiums for the entire leave period, unless the employee does not return because of the continuation, recurrence, or onset of a serious health condition of the employee or his/her/their family member which would entitle the employee to leave, or because of circumstances beyond the employee's control. The County will have the right to recover premiums through deduction from any sums due to the employee (e.g. unpaid wages, vacation pay, etc.) provided such deductions do not otherwise violate applicable law. Alternatively, the County may initiate legal action against the employee to recover such costs.

L. Outside Employment While on Leave. Employees must not engage in any outside employment during their leave without approval from the Director of Human Resources and a clear determination that the outside employment does not in any way conflict with the illness or injury that is the cause for an employee being on leave from County employment. Engaging in outside employment during leave which has not been formally approved by the County is grounds for discipline up to, and including, termination of employment.

44.6 School Activities Leave

A. School Visit Leave (California Labor Code 230.8)

Definition. The County provides eligible employees school visit leave of up to forty (40) hours each calendar year to participate in child-related activities. The pay status (unpaid/paid) is provided for in subsection 5. below.
Eligible Employees. Only employees who are parents, guardians, stepparents, foster (resource) parents, or grandparents of, or persons standing in loco parentis to, a child, are eligible for school visit leave.
Child-Related Activities. Eligible employees may use school visit leave to attend either of the following activities for children of the age to attend kindergarten or first through twelfth grades, inclusive, or a licensed child-care provider:
1. To find, enroll, or reenroll a child in a school or with a licensed child-care provider, or to participate in activities of the child’s school or licensed child-care provider. Eligible employees may not use more than eight (8) hours of school activities leave in any calendar month.
2. To address a child-care provider or school emergency, where an employee’s child cannot remain in a school or with a child-care provider due to one of the following:
  1. The school or child-care provider has requested that the child be picked up, or has an attendance policy, excluding planned holidays, that prohibits the child from attending or requires the child to be picked up from the school or child-care provider.
  2. Behavioral or discipline problems.
  3. Closure or unexpected unavailability of the school or child-care provider, excluding planned holidays.
  4. A natural disaster, including, but not limited to, fire, earthquake, or flood.
Prior Notice Required. Eligible employees desiring to take school visit leave must provide written notice to their Department Head or manager/supervisor reasonably in advance of the leave. Failure to provide written notice in a reasonable time prior to the leave may result in denial of the leave request.
Other Leave Runs Concurrently with School Visit Leave. An employee must use vacation, floating holiday, personal leave, or compensatory time off concurrently with school visit leave. An employee who has exhausted these leaves, may be in leave without pay status. The employee will notify the County of which leave he/she/they intend to run concurrently with school visit leave at the time of the leave request. If the employee fails to make an election, the County may designate which leave will run concurrently with school visit leave.
Documentation of Participation. The County may require the employee taking school visit leave to provide written documentation from the school or licensed child-care facility evidencing the employee’s participation.

B. Leave for School Conference Involving Suspension from School. In accordance with applicable law (Cal. Education Code 48900.1), an employee who is a “Parent” as defined by Cal. Education Code 56028(a) of a child facing suspension or who has been suspended from school is summoned to the school, the employee may take unpaid time off (leave without pay) from work to appear at the school. An employee may use vacation, floating holiday, personal leave or compensatory time off in lieu of unpaid leave. Prior to taking leave, the employee is required to give reasonable notice of the need for leave to their supervisor or manager. The County may require a copy of the notice from the school indicating that the employee’s presence at school is required.

44.7 Bereavement Leave

A. Definition. Bereavement leave up to 5 (five) working days (37 ½ or 40 hours) shall be granted by the Department Head or the employee’s manager/supervisor to be used by the employee in the case of the death of an eligible employee’s child, parent, spouse, domestic partner, sibling, grandparent, grandchild, or parent-in-law within three (3) months of the death. Bereavement leave may be granted in the sole discretion of the Human Resource Director in case of the death of other persons whose death is a matter of concern to the employee. As allowable by law, the County will maintain the confidentiality of an employee requesting leave under this Section.

For eligible regular employees, Bereavement Leave shall be paid and will be pro-rated for regular part-time employees based on their position allocation. For other eligible employees, Bereavement Leave shall be unpaid, however employees may use any available leave accruals or compensatory time off concurrently with their Bereavement Leave.

B. Eligible Employees. All employees who have been employed by the County for at least thirty (30) days prior to the commencement of leave and elected officials are entitled to bereavement leave.

C. Documentation of Death. The County may require the employee taking bereavement leave to provide written documentation of the death for which the bereavement leave is taken.

44.8 Reproductive Loss Leave

A. In accordance with applicable law, the County will provide Reproductive Loss Leave for up to 5 (five) working days (37 ½ or 40 hours), which will be granted by the Department Head or the employee’s manager/supervisor to be used by the employee in the case of a reproductive loss event. Reproductive loss event means:

a failed adoption (“Failed adoption” means the dissolution or breach of an adoption agreement with the birth mother or legal guardian, or an adoption that is not finalized because it is contested by another party. This event applies to a person who would have been a parent of the adoptee if the adoption had been completed.);
a failed surrogacy (“Failed surrogacy” means the dissolution or breach of a surrogacy agreement, or a failed embryo transfer to the surrogate. This event applies to a person who would have been a parent of a child born as a result of the surrogacy);
a miscarriage (“Miscarriage” means a miscarriage by a person, by the person's current spouse or domestic partner, or by another individual if the person would have been a parent of a child born as a result of the pregnancy.);
a stillbirth (“Stillbirth” means a stillbirth resulting from a person's pregnancy, the pregnancy of a person's current spouse or domestic partner, or another individual, if the person would have been a parent of a child born as a result of the pregnancy that ended in stillbirth.); or
an unsuccessful assisted reproduction (“Unsuccessful assisted reproduction” means an unsuccessful round of intrauterine insemination or of an assisted reproductive technology procedure. “Assisted reproduction” means a method of achieving a pregnancy through an artificial insemination or an embryo transfer and includes gamete and embryo donation. “Assisted reproduction” does not include any pregnancy achieved through sexual intercourse. This event applies to a person, the person's current spouse or domestic partner, or another individual, if the person would have been a parent of a child born as a result of the pregnancy.)

B. Eligible Employees. All employees who have been employed by the County for at least thirty (30) days prior to the commencement of leave are entitled to reproductive loss leave.

C. Reproductive loss leave does not have to be used consecutively but must be taken within three (3) months of the reproductive loss event. The only exception to this rule is if at the time of the reproductive loss event, the employee is on, or immediately chooses to go on, another legally protected leave of absence, such as CFRA, FMLA, or Pregnancy Disability Leave then the employee may use Reproductive loss Leave pursuant to this policy within three months of the end of their legally protected leave.

D. All employees are allowed a maximum of twenty (20) days for reproductive loss in a twelve (12) month period if multiple events of reproductive loss occur.

E. Reproductive loss leave is unpaid however employees may use any available leave accruals or compensatory time off concurrently with reproductive loss leave.

F. The County will maintain the confidentiality of an employee requesting leave under this Section. Information provided by an employee in connection with a request for reproductive loss leave will be maintained in a confidential manner and will not be disclosed except to internal personnel or counsel, as necessary, or as required by law.

44.9 Personal Leave

A. Definition and Use of Personal Leave. Personal leave is paid leave granted by this PMR or the applicable CBA. Personal leave may not be taken without written request to the employee’s supervisor or manager and notification from them that the request has been approved in advance of the leave. Personal leaves should be scheduled as far in advance as reasonably possible in each work unit, and should be staggered over the entire calendar year to the extent reasonable. Employee preference for personal leave time or times, to the extent that it is reasonable, will be honored (on a seniority or annual rotation basis, in the event of a conflict), subject to the department head's judgment as to the maintenance of minimum work forces at all times, peak workload coverage and/or general departmental and public convenience.

B. Eligible Employees. Regular hire and probationary status employees may be granted and accrue personal leave pursuant to this PMR or applicable CBA. Part-time regular hire employees may be entitled to personal leave, but will accrue it on a pro-rata basis. Represented employees should refer to their collective bargaining agreements to understand if they are eligible for Personal Leave.

C. Manner of Accrual of Personal Leave for Unrepresented Employees in Units #21, #24, and #26. Each unrepresented regular hire employee in positions in units #21 (Appointed Officials – Non-Safety), #24 (except Confidential Clerical) and #26 (Assistants and Deputies – Non-Safety), except for Deputy County Counsels, may be eligible to receive personal leave not in excess of forty (40) hours. Each regular hire employee on the payroll as of July 1st will be credited with forty (40) hours of personal leave. Employees newly appointed between July 1 and October 31 will be credited with forty (40) hours of personal leave. Any such employee appointed between November 1 and February 28 (or February 29 on leap years) will be credited with twenty (20) hours of personal leave. Any such employee appointed between March 1 and May 31 will be credited with eight (8) hours of personal leave. Any such employee appointed between June 1 and June 30 will not receive personal leave for that fiscal year.

D. Manner of Accrual of Personal Leave for Unrepresented Employees in "Confidential Clerical" Positions (Unit 24-02). Each unrepresented regular hire employee in a position in unit #24-02 (Confidential Clerical) will be eligible to receive personal leave not in excess of thirty-seven and one-half (37 ½) hours. Each regular hire employee on the payroll as of July 1st will be credited with thirty-seven and one-half (37 ½) hours personal leave. Employees newly appointed between July 1 and October 31 will be credited with thirty-seven and one-half (37 ½) personal leave. Any such employee appointed between November 1 and February 28 (or February 29 on leap years) will be credited with eighteen (18) hours of personal leave. Any such employee appointed between March 1 and May 31 will be credited with seven and one-half (7 ½) hours of personal leave. Any such employee appointed between June 1 and June 30 will not receive personal leave for that fiscal year.

E. Manner of Accrual of Personal Leave for Unrepresented Deputy County Counsels I-IV (Unit 24-03). Each unrepresented regular hire employee in a position in unit #24-03 (Deputy County Counsels) will be eligible to receive personal leave not in excess of eighty (80) hours per fiscal year. Each regular hire employee on the payroll as of July 1st will be credited with eighty (80) hours of personal leave. Employees newly appointed between July 1 and October 31 will be credited with 80 hours of personal leave. Any such employee appointed between November 1 and February 28 (or February 29 on leap years) will be credited with forty (40) hours of personal leave. Any such employee appointed between March 1 and May 31 will be credited with eight (8) hours of personal leave. Any such employee appointed between June 1 and June 30 will not receive personal leave for that fiscal year.

F. Manner of Accrual of Personal Leave for Represented Employees. The right to, use of and manner of calculating the accrual of personal leave for employees represented by a union or association, if any, will be determined by applicable CBA.

G. Effect of Transfer on Personal Leave. If an employee transfers from one County position to another, the total accrual for the fiscal year of transfer will not exceed the maximum accrual for that year for any one of the positions held.

H. No Carry Over of Personal Leave. Represented employees’ personal leave will not carry over from one fiscal year to the next. When a represented employee terminates, there will be no compensation for unused personal leave unless an applicable CBA provides otherwise.

44.10 Management Leave

A. Definition and Use of Management Leave. Management leave is paid leave granted through this PMR and credited to eligible regular hire employees as acknowledgement of the extra hours that management employees are required to work from time to time. Management leave is not a vested right nor compensation for services rendered and as such is not subject to payout upon separation from employment. Unused management leave will carry over from fiscal year to fiscal year as long as the incumbent is a regular-hire employee of the County.

Management leave may not be taken without written request to the employee’s supervisor or manager and notification from the supervisor or manager that the request has been approved in advance of the leave. Management leave should be scheduled as far in advance as reasonably possible in each work unit, and should be staggered over the entire calendar year to the extent reasonable. Employee preference for management leave time or times, to the extent that it is reasonable, will be honored (on a seniority or annual rotation basis, in the event of a conflict), subject to the department head's judgment as to the maintenance of minimum work forces at all times, peak workload coverage and/or general departmental and public convenience.

B. Eligible Employees. Unrepresented regular hire employees in the following units who are ineligible for overtime pay are eligible to receive management leave: #21 (Appointed Officials), #26 (Assistants and Deputies – Non-safety), # 27 (Executive - Safety), #30 (Unrepresented Supervisors) and overtime exempt classifications in #24 (Confidential). Eligible regular hire employees employed on a part-time basis are entitled to management leave on a on a pro-rata basis.

C. Manner of Accrual of Management Leave. The County will credit each full-time management employee who is exempt under the Fair Labor Standards Act (FLSA) and is not eligible for time-and-a-half overtime with five (5) standard workdays (forty (40) hours) of management leave every July 1. Employees newly appointed between July 1 and October 31 shall be credited with five (5) days of management leave for that fiscal year. Any such employee appointed between November 1 and February 28 shall be credited with two and a half (2-1/2) days of management leave for the balance of that fiscal year. Any such employee appointed between March 1 and May 31 shall be credited with one (1) day of management leave for the balance of that fiscal year. Any such employee appointed between June 1 and June 30 shall receive no management leave for that fiscal year. This proration shall also apply to employees who have returned from an approved leave of absence where they were in leave without pay status.

D. Management Leave for Represented Employees. The right to, use of and manner of calculating the accrual of management leave for employees represented by a union or association, if any, will be determined by applicable CBA.

44.11 Military Related Leaves

A. In addition to military exigency leave and military caregiver leave described in section 44.5, military leave will be granted in accordance with the provisions of the Uniformed Service Employment and Reemployment Rights Act of 1994 (USERRA), and the California Military & Veterans Code. Employees returning from military leave will be afforded all available protections under state and/or federal law, whichever gives the employee the broadest protections.

B. Eligibility

Military Leave is available to all County employees, including contingent (temporary), part-time, and probationary employees, who perform service in the uniformed services (as defined by USERRA) for active duty, active duty for training, initial active duty training, inactive duty training, and funeral honors performed by National Guard and reserve members, as well as time needed for the purpose of an examination to determine the fitness to perform any such duty. This includes the National Guard or a reserve component of the Armed Forces of the United States.
Employees whose spouses/registered domestic partners are qualified members of the Armed Forces, National Guard or Reserves are afforded up to ten (10) days’ unpaid leave from work to be with their spouse while the qualified member is on leave from deployment during a period of military conflict, upon giving at least two (2) business days’ notice.
Military Leave does not apply to service in the armed forces of another country.

C. Employees requesting a Military Leave of Absence must provide advance notice of their intent to take military leave and provide copies of their orders to their supervisor (who will forward it to Human Resources for processing), unless doing so is unreasonable or is precluded by military necessity. This request must include the type of leave, anticipated dates of the leave, and a copy of the military orders. The type of leave and benefits accorded will vary depending upon the type of military duty or training. In an emergency situation, if orders are not available at the time of the ordered leave, oral notice should be given as soon as possible, with a copy of the order to be provided to the department as soon as it is available.

D. Right to Reemployment

Employees returning from military leave shall have the right to reemployment if:

a. The employee (or an appropriate officer of the uniformed service in which the service is performed) has given advance written or oral notice of such military service to the County, unless doing so is unreasonable, impossible, or is precluded by military necessity.

b. The cumulative length of the absence and of all previous absences from a position of employment with the County by reason of military service does not exceed five (5) years unless an exception has been approved.

c. The employee was not separated from military service with a disqualifying discharge or under other than honorable conditions.

d. The returning employee reports orally or in writing to the County, the employee’s intent to return within the timelines described in Section 44.10 E. It is preferred that the employee do so by submitting a reemployment application to the County in accordance with the notice provisions listed below.

E. Return to Work – Notice Provisions

A person whose military service lasted from one (1) to thirty (30) days, or in the case of a person who is absent from a position of employment for a period of any length for the purposes of an examination to determine the person’s fitness to perform service in the uniformed services, must report to the County by the beginning of the first full regularly scheduled work day on the first full calendar day following the completion of the period of service and the expiration of eight (8) hours after a period allowing for the safe transportation back to the individual’s residence; or as soon as possible after the expiration of the eight (8) hour period, if reporting within the period referred to previously in this section is impossible or unreasonable through no fault of the person.
A person whose military service lasts from thirty-one (31) to one hundred and eighty (180) days must apply for reemployment with the County no later than fourteen (14) days after the completion of the period of service or if submitting such application within such period is impossible or unreasonable through no fault of the person, the next first full calendar day when submission of such application becomes possible.
A person whose military service lasts more than one hundred and eighty (180) days must apply for reemployment with the County no later than ninety (90) days after the completion of the period of service, or if such application within such period is impossible or unreasonable through no fault of the person, the next first full calendar day when submission of such application becomes possible.
For persons qualified under California’s military leave law (e.g. who are a member of the National Guard ordered into service by the Governor or President, or a reservist of the United States Military reserve called to full-time active duty), such persons will be afforded up to ninety (90) days after release from service, or after the end of the war or declared emergency, in which to submit a reemployment application, regardless of the length of service. To the extent applicable law affords a greater length of time, the employee will be afforded such greater time period.
A person who is hospitalized for, or convalescing from, an illness or injury incurred in, or aggravated during, the performance of military service must apply for reemployment no later than two (2) years following completion of service. That two-year period will be extended by the minimum time required to accommodate the circumstances beyond such person’s control which make reporting within two (2) years impossible or unreasonable.
A person who fails to report to work or to apply for reemployment within the appropriate period specified above shall not automatically forfeit such person’s entitlement to any applicable job protections and reemployment rights but shall be subject to the rules and procedures of the County pertaining to explanations and discipline with respect to absence from scheduled work.

F. Return to Work – Position Placement

Employees called to military duty for one hundred and eighty (180) days or less including time going to and returning from that duty are entitled to reemployment in the position of employment in which the person would have been employed if their continuous employment with the County had not been interrupted by such service and the person is qualified to perform the duties of that position. If the person is not qualified to perform the duties of that position after the County’s reasonable efforts to qualify them, then the person will be restored to the position of employment in which they were employed on the date of the commencement of the service in the uniformed services. If the position has been abolished or otherwise has ceased to exist during the employee’s absence (i.e., work outsourced, layoffs, etc.) the employee will be reinstated to a position of like seniority, status, and pay if a position exists. If no position exists, the employee will be granted the same rights and privileges that he/she/they would have had if he/she/they had occupied the position when it ceased to exist.
Employees serving one hundred and eighty one (181) days or more will be reemployed in the position the person would have attained had employment not been interrupted by military service, or a position of like seniority, status and pay, so long as the person is qualified for the position or can become qualified after reasonable efforts are made by the County to qualify the person. If an employee is not qualified to perform the duties of such position after reasonable efforts by the County to qualify the employee, he/she/they shall be reinstated to the position the employee left, or a position of like seniority, status and pay, the duties of which the employee is qualified to perform. If the position has been abolished or otherwise has ceased to exist during the employee’s absence (i.e., work outsourced, layoffs, etc.) the employee will be reinstated to a position of like seniority, status, and pay if a position exists. If no position exists, the employee will be granted the same rights and privileges that he/she/they would have had if he/she/they had occupied the position when it ceased to exist.
The County will make reasonable efforts to accommodate an employee’s disability incurred or aggravated while in military service. If after reasonable accommodation efforts by the County an employee with a service-connected disability is not qualified for employment in the position he/she/they would have attained if the continuous employment had not been interrupted by military service, the employee will be employed in:

a. Any other position which is equivalent in seniority, status, and pay, the duties of which the employee is qualified or could become qualified to perform with reasonable efforts by the County; or

b. If no such position exists, in the nearest approximation in terms of seniority, status, and pay consistent with the circumstances of the employee’s situation.
Employees who served in a contingent (temporary) capacity for a brief, nonrecurrent period prior to leave, with no reasonable expectation that such employment will continue indefinitely or for a significant period may not have reemployment rights.

G. Pay, Benefits, and Other Provisions During Military Leave. The following benefits apply to employees who have completed at least one year of County employment, or combined military service/County employment, immediately prior to the commencement of the leave:

The County will provide up to thirty (30) calendar days of paid military leave for:
1. active military training, scheduled reserve drill periods, encampment, naval cruises, special exercises, or like activity;
2. Active military duty as a member of a reserve component of the armed forces of the United States;
3. Active federal military duty as a member of the National Guard or Naval Militia;
4. Is inducted, enlists, enters or is otherwise ordered or called into active duty as a member of the armed forces of the United States.
During leave under this provision, employees receive their normal County pay for up to thirty (30) calendar days of qualifying leave. Employees on inactive duty training (i.e. drills) are not entitled to their salary, but may choose to use leave accruals (except sick leave), or take leave without pay. Employees may not receive more than 30 calendar days of paid leave for any one military leave of absence (including multiple orders extending the leave), or during any one fiscal year (County fiscal year: July 1st – June 30th). Exception: National Guard members are entitled to thirty (30) calendar days of pay regardless of length of County service, and are not subject to a limit of thirty (30) calendar days per fiscal year, provided the duty is during a state declared extreme emergency or during such time as the National Guard may be on active duty in one or more of the situations described or included in Military and Veterans Code section 146 provided such absence does not exceed the duration of such emergency.
If an employee’s Military Leave exceeds thirty (30) days, the employee will have the option of using available leave accruals (except sick leave) or military leave without pay (LWOP). Employees may not use both their accrued paid leave and the supplemental wage benefit provided by the County to cover the same period, i.e., they can only receive pay up to 100% of their full salary.
Leave accrual for active duty leaves of one hundred and eighty (180) days or less (including travel to and from duty): employees will continue to accrue vacation and sick leave, holiday pay, and time/hours in job class for purposes of calculating service time for layoff purposes employment rights, as if they were not on a leave of absence.
The County will maintain health benefits and other benefits for the first thirty (30) calendar days of military leave as if the employee was actively employed (this applies to both active duty and inactive duty training). For employees on military leave for more than thirty (30) days, continuation benefits may be available for 24-36 months.

H. Time spent on military leave counts as County service credit for any calculation, determination or other decision that is dependent upon length of employment with the County. This includes cost of living salary adjustment, vacation accrual rate and seniority ranking which would have occurred during the employee’s military absence.

I. Pension Benefits

Military leave (whether paid or unpaid) is not considered a break in employment for retirement benefit calculation purposes, and is considered “service” for vesting and accrual purposes. Upon an employee’s return from military leave, the employee may purchase retirement service credit the employee would have earned had he/she/they not been absent (“catch-up contributions”).
The cost of the employee’s catch-up contributions is the exact amount which would have been contributed had the employee been working for the County. The catch-up contribution payments are deducted pre-tax. The returning employee is given up to three (3) times the length of the military leave without pay time (up to a maximum of five (5) years) to make the retirement catch-up contribution payments.

J. During times of declared war or otherwise, the Board of Supervisors may approve additional time with supplemental pay and benefits, in addition to the thirty (30) days of full pay under applicable law.

44.12 Voting Leave

In accordance with applicable law, employees whose work schedule prevents them from voting at a statewide election may take up to two (2) hours off with pay at the beginning or end of the workday, unless other arrangements are approved by the supervisor. If the time off is required, the employee must have prior approval from the employee’s Department Head or designee at least two (2) days prior to the statewide election.

44.13 Jury Duty

A. Every employee of the County who is summoned or required to serve as a trial juror is entitled to be absent from the County during the period of service. Such employees will be deemed to be on special service status for the duration of such jury duty. Such employee, except contingent (temporary) employees, will be paid the employee's regular salary and will either waive or return to the County any and all jury fees.

B. Employees summoned for jury duty must notify their supervisor and are required to notify their supervisor daily regarding their jury duty hours and jury duty release time.

C. Where courts have call-in procedures to determine days and hours of service, employees must take advantage of these procedures.

D. Unless an employee receives prior approval from the Department Head or designee, an employee that is told by the Court not to report or who is dismissed must come to work as scheduled or, if required, they must call in and report to work if directed.

44.14 Pregnancy Disability Leave (PDL) and Paid Parental Leave

A. Pregnancy Disability Leave (PDL)

Definition of PDL. Employees will be entitled to take an unpaid leave for their own disability due to pregnancy, childbirth, or related medical conditions for up to a maximum of 4 months (one-third of a year or 17 1/3 weeks) based on the number of days they normally would work in a 4-month period, in accordance with applicable Law. Where possible, if an employee takes PDL and is also eligible for Family and Medical Care Leave, PDL leave will run concurrently with Family and Medical Care Leave. The employee will be entitled to utilize accrued sick leave, vacation leave and other accrued paid leave during the period of disability. An employee will not accrue additional vacation or sick leave during any unpaid portion of this leave.
In addition to PDL, additional leave may be provided for baby bonding, in accordance with applicable law and as detailed in Section 44.5 D and E.

B. Paid Parental Leave (PPL)

Definition and Use of Leave. Eligible full-time employees will be provided 240 Paid Parental Leave (PPL) hours to use within 52 weeks of a qualifying event. Eligible part-time employees will be provided with a prorated number of PPL hours, based on FTE. PPL may be used in a block of continuous time or as intermittent leave as arranged in advance. PPL cannot be used retroactively. No more than 240 PPL hours may be used in any rolling 12-month period. PPL may impact an employee’s Probationary Period pursuant to relevant PMRs.

PPL is based on the employee’s base hourly wage. PPL pay is pensionable and counts toward retirement service credit.

The intent of PPL is for planned leave and not for unplanned/emergent leave needs. Therefore, reasonable advanced notice must be given to department prior to use.

An employee on Pregnancy Disability Leave following the birth of a child must use sick leave accruals before using PPL. Upon employee written request, an employee may retain 80 hours of sick leave.
Eligible Employees. Regular employees who have been continuously employed by the County for at least six (6) months prior to the qualifying event will be eligible for Paid Parental Leave (PPL) to use within fifty-two (52) weeks of the following qualifying events:
1. Birth of a child of the employee
2. Placement of a child with the employee for adoption, foster care, or as a result of court approved guardianship
For the purpose of PPL, the definition of “parent” and “child” are defined by the California Family Rights Act.

Contingent, extra hire, temporary, provisional, and elected employees are not eligible for Paid Parental Leave.
Coordination of Benefits and Leaves

PPL can be integrated with any California Disability Insurance (SDI) or Paid Family Leave (PFL) program. An employee on Pregnancy Disability Leave and receiving SDI following the birth of a child must use sick leave accruals before using PPL. Upon employee written request, an employee may retain 80 hours of sick leave.

C. Employee Notice of Leave. Although the County recognizes that emergencies arise which may require employees to request immediate leave, employees are required to give as much notice as possible of their need for leave. When an employee’s leave is foreseeable, at least thirty (30) days’ notice is required. In addition, if an employee knows that leave will be needed in the future, but does not know the exact date(s) (e.g. for the birth or placement of a child or to take care of a newborn), the employee must inform his/her/their supervisor as soon as possible that such leave will be needed. While written notice is recommended, such notice may be given orally. The employee’s leave request must include the employee’s intent to return to work and the expected date of return. If the County determines that an employee's notice is inadequate or the employee knew about the requested leave in advance of the request, the County may delay the granting of the leave until it can, in its discretion, adequately cover the position with a substitute.

44.15 Pregnant Workers Fairness Act (PWFA) Accommodation

In accordance with the Pregnant Workers Fairness ACT (PWFA), the County will provide reasonable accommodations to qualified employees and applicants with known limitations related to pregnancy, childbirth, or related medical conditions, unless doing so would cause an undue hardship. Reasonable accommodations are determined on a case-by-case basis.

A. Definitions

Known Limitation: A physical or mental condition related to, affected by, or arising out of pregnancy, childbirth, or a related medical condition that has been communicated to the County by the employee or applicant.
Reasonable Accommodation: A modification or adjustment to the work environment, job duties, or work schedule that enables an employee to perform essential job functions.
Undue hardship: Significant difficulty or expense when considered in relation to the County’s operations.

PWFA Accommodation Request Procedure

An employee or applicant who has or anticipates a need for a pregnancy-related accommodation should inform their supervisor and/or Human Resources.
Supervisors who receive a request will discuss the request with the employee or applicant and if able to provide the appropriate accommodation, do so. If the supervisor has any questions or concerns related to the accommodation request or if he/she/they are unable to grant the requested or an acceptable alternative accommodation, the supervisor shall contact Human Resources’ Disability Management Division for assistance.
The County will not require an employee to take leave if another reasonable accommodation can be provided that allows the employee to continue working.
Medical documentation may be requested only when reasonable and consistent with applicable law.

44.16 Lactation Accommodation

In accordance with applicable law, the County will provide the following lactation accommodation(s) to employees who are breastfeeding:

A. Lactation time – reasonable time to express milk.

Whenever possible, lactation time will be the same as employee’s regular break time.
As needed, departments should make additional time available for lactation.

B. Appropriate private location in which to express milk.

Whenever possible, a private lactation location (never a restroom) will be provided in close proximity to employee’s work area.
The lactation location area will be free from intrusion and shielded from view; be clean and free of hazards or hazardous substances; contain a surface to place a breast pump and personal items; have a place to sit; and have access to electricity or alternative devices needed to operate an electric or battery-powered breast pump (such as extension cords or charging stations).
The lactation location may be the employee’s workspace if there is adequate privacy (e.g., if office door can be closed). For non-traditional work sites, the employee must contact Human Resources’ Employee Relations division to request assistance in identifying an appropriate lactation area.
The County will provide access to a sink with running water and a refrigerator or cooling device for milk storage in close proximity to the employee’s workspace.

C. Lactation Accommodation Request Procedure:

An employee who has or anticipates a need for lactation accommodation should inform their supervisor and discuss relevant workload, scheduling, or location concerns.
Supervisors who receive a request will review available lactation spaces and prepare to make appropriate accommodations for the breastfeeding employee. If the supervisor is unable to locate an appropriate private space, the supervisor will contact Human Resources’ Employee Relations division for assistance.

44.17 Organ and Bone Marrow Donation Leave

A. In accordance with applicable law, the County will provide a leave of absence to qualified employees who choose to donate organs or bone marrow. The following paid leave will be provided:

For Organ donation, up to thirty (30) workdays in a one (1) year period; and
For Bone marrow donation, up to five (5) workdays in a one (1) year period.

B. To receive leave under this Section, an employee must provide written verification to the County that shows that the employee is an organ or bone marrow donor and that there is a medical necessity for the donation.

C. Employees are required to use accrued leaves concurrently with Organ and Bone Marrow donation Leave. They may but are not required to use accrued sick leave. The following amounts of leave accruals shall be used:

For organ donation, the amount (if any) of the employee’s accrued leave, not to exceed two (2) weeks; and
For bone marrow donation, the amount (if any) of the employee’s accrued leave, not to exceed five (5) days.

D. Organ and Bone Marrow Donation Leave will not run concurrently with any leave taken under the County’s Family and Medical Care Leave (FMLA/CFRA).

44.18 Domestic Violence, Sexual Assault and Stalking Victims Leave

A. In accordance with applicable law, any employee who is a victim of crime such as domestic violence, stalking, sexual assault, or a crime resulting in physical injury or psychological injury relating to a threat of physical injury, or who experiences the death of a family member (spouse, domestic partner, child, parent, sibling, or equivalent) as a result of a crime, will be entitled to take leave for the following reasons:

Obtain or attempt to obtain any relief, including, but not limited to, a temporary restraining order, restraining order, or other injunctive relief to help ensure the employee’s health, safety, or welfare, or that of their child;
Seek medical attention for injuries caused by crime or abuse;
Obtain services from a domestic violence shelter, program, rape crisis center, or victim services organization or agency as a result of crime or abuse;
Obtain psychological counseling or mental health services related to an experience of crime or abuse; or
Participate in safety planning and take other actions to increase safety from future crime or abuse, including temporary or permanent relocation.

B. As allowable by law, the County will maintain the confidentiality of an employee requesting leave under this Section.

C. The length of unpaid leave an employee may take is limited to the 12 weeks provided for by Family and Medical Care Leave. Leave under this Section is unpaid, unless the employee chooses to use accrued leave.

D. Where feasible, the employee is required to give the County reasonable advance notice of the employee’s intention to take leave. If advanced notice is not provided, the employee should do so as early as possible. Written certification may be required and may take the form of any of the following: (1) a police report indicating the employee was a victim of domestic violence or sexual assault; (2) a court order protecting or separating the employee from the perpetrator of an act of domestic violence or sexual assault, or other evidence from the court or prosecuting attorney that the employee appeared in court; or (3) documentation from a medical professional, domestic violence advocate or advocate for victims of sexual assault, health care provider or counselor that the employee was undergoing treatment for physical or mental injuries or abuses resulting from victimization from an act of domestic violence or sexual assault.

E. Reasonable Accommodations. As set forth in PMR 26.5, absent undue hardship, the County will provide reasonable accommodations for an employee who is a victim of domestic violence, sexual assault, or stalking if the employee has disclosed the employee’s status as such a victim and has requested an accommodation for the employee’s safety while at work.

44.19 Crime Victims Leave

A. Definition. In accordance with applicable law, an employee who is a victim or who is an immediate family member of a victim of a violent or serious felony (as defined by law), or of felony theft or embezzlement, may take leave to attend judicial proceedings related to the crime. Leave under this Section is unpaid, unless the employee chooses to use accrued leave.

B. Notice of Leave. Before an employee is absent for such a reason, the employee must provide the County with documentation of the scheduled judicial proceedings. If advance notice is not possible, the employee must provide appropriate documentation within a reasonable time after the absence.

C. Confidentiality. Any records regarding an employee’s absence from work under this Section will remain as confidential as allowable by law.

44.20 Administrative Leave

Administrative Leave is leave with pay given at the sole discretion of the County. Employees placed on Administrative Leave will be relieved of their regular duties during the period of Administrative Leave. Employees placed on Administrative Leave must be available by phone or email during their normal work hours. Administrative leave is not discipline and does not entitle the employee to any right of appeal.

44.21 Fitness for Duty Leave

Where permitted by law, an employee may be required by the department head or designee to take a physical and/or psychological examination paid for by the County to determine fitness for duty in the position in which the employee is currently employed, or for which he/she/they is applying. In such instances the employee may be placed on paid leave until a determination is made regarding the employee’s fitness for duty.

44.22 Leave Without Pay

A. Non-medical Leave Without Pay. Non-medical leave without pay is leave which may be granted after all vacation leave, compensatory time off, and other accrued appropriate leaves of absence (except sick leave), which the employee is entitled to use have been exhausted. The leave may be no more than 12 continuous months, including paid and unpaid leave.

B. Medical Leave Without Pay. Medical leave without pay is leave which may be granted due to temporary disability from illness or injury, after exhaustion of all accrued paid leave. For medical leave, an employee may be granted leave by the Human Resources Director, upon the recommendation of the employee’s department, for no more than 12 months (inclusive of any leave taken under Section 44.2, Catastrophic Leave Donation Plan).

C. Eligibility. All employees, except contingent (temporary) employees, who have completed at least one year of employment with the County, are eligible for leave without pay under this policy.

D. Request Procedure.

The County Executive, upon the recommendation of an employee's Department Head and the Human Resources Director, may grant a leave of absence without pay to regular employees who have been employed by the County for at least one (1) year. Non-medical leave without pay will be granted for a minimum of ten (10) working days. Leave of absence without pay will only be considered upon written request to the Department Head setting forth the reason(s) for the request. If the Department Head and Human Resources Director recommends leave without pay, the County Executive may grant a request provided the need is substantiated and will not result in significant disservice to County operations or the public service.
Upon conclusion of leave without pay, the employee may return to his/her/their former or a comparable position to the extent possible. Failure of the employee to return upon the expiration of the approved leave will result in a separation from employment.

E. Return from Unpaid Medical Leave – Medical Certification. For absences of five (5) working days or less, medical clearance from a health care provider may be required. For absences of six (6) consecutive working days or more due to an employee’s illness or injury, medical clearance from a health care provider will be required. The medical certification must be turned into the Human Resources Director or designee before returning to work. Human Resources will coordinate the employees return with the department.

No Accrual of Benefits During Leave Without Pay. Employees taking leave without pay will not accrue vacation, sick leave, or other paid leaves during the leave, and will not be paid for County holidays. The County contributions to monthly premium costs of medical insurance will be suspended except as required by County policy and/or applicable law. During a leave without pay, the employee must make arrangements with the Department of Finance to continue to pay his/her/their normal monthly premium costs for insurance or lose coverage.

44.23 Special Leave for Distress Not Otherwise Covered

A. Definition. In extraordinary circumstances, leave with pay for serious economic hardship, illness or distress not otherwise covered by any leave policy may be granted.

B. Eligibility. Only regular hire employees with at least five years of continuous service may be eligible for special leave for distress not otherwise covered. To be eligible for special leave, if for illness, there must be a favorable prognosis for recovery and there must be a predictable date of return to work.

C. Procedure for Application. An employee who would otherwise experience serious economic hardship, illness, or distress not otherwise covered by any leave policy provided for above, and who has exhausted all other avenues of paid leave, including catastrophic leave donation except in the case of appointed department heads, may apply in writing to the employee’s department head for leave with pay. If the department head and Human Resources Director is satisfied that the employee will otherwise experience serious economic hardship, illness or distress, the Human Resources Director may recommend to the County Executive to grant special leave. The County Executive, if satisfied of the existence of serious economic hardship, illness or distress, may grant that special leave. The final decision to grant or deny special leave for distress not otherwise covered will be at the sole discretion of the County Executive or designee.

44.24 Sabbatical Leave

A. Regular hire employees with seven years or more of continuous County service may request a Sabbatical leave without pay for up to six calendar months for such purposes as education or restorative endeavors. Requests must be made to the Department Head and if supported by the Department Head, the Department Head must receive approval before the leave is granted by the Human Resources Director and County Executive. Contingent (temporary) employees are not eligible for sabbatical leave.

B. Sabbatical leave may only be granted when no disservice to the County will result.

C. An employee on Sabbatical leave may use his/her/their accrued leave balances (except for sick leave) concurrent with this leave or may choose to not use his/her/their accrued leave and be on unpaid leave.

44.25 Career Development Release Time

A. Definition and Usage. Eligible employees may take up to twenty-two and one-half (22.5) hours (three (3) workdays) for employees in 37.5-hour classifications and up to twenty-four (24) hours (three (3) workdays) for employees in 40-hour classifications, per fiscal year of paid time away from work during work hours, to attend training that lends itself to upward mobility. Part-time employees receive hours on a pro-rata basis per their FTE. A class or training qualifies if it increases the employee’s knowledge, skill and/or abilities, and would enhance the employee’s promotability or prepare the employee for a career change with greater promotional potential. Personal enrichment classes do not qualify. The class must take place during the employee’s regular work hours. Release time that is not used in the fiscal year may not be carried over. Supervisors have authority to determine if a class qualifies, subject to a final determination by the department head.

B. Eligibility. All employees holding full or part-time regular hire classifications in clerical, technical, paraprofessional, skilled craft, service – maintenance, and protective service eeo-4 job categories (eeo-4 codes 30-80) are eligible. Contingent (temporary) employees are not eligible for career development release time.

C. Procedure. Career development release time must be approved in advance by the employee’s supervisor for scheduling purposes. The following procedure shall apply:

Employee shall make a written request for release time to his/her/their supervisor with as much advance notice as possible, making sure to provide enough information regarding the class/training so eligibility may be determined.
Employee shall provide proof of registration and attendance within thirty (30) days of completion of the approved class/training.
Requests shall be granted or denied within fourteen (14) calendar days of receipt of the request.
Requests for career development release time will not be unreasonably denied. Requests will not be denied solely because the County will incur cost such as overtime, additional hours worked by a part-time employee or by a contingent employee to cover for the employee while he/she/they are absent from work to attend class/training.
The County will send annual notices to all eligible employees about the availability of career development release time. Employees who have questions about this release time and how to use it should contact Human Resources for additional information.

D. Payment Not Provided. This policy does not provide reimbursement for any training or educational expenses resulting from release time.

Approval

Effective Date: April 2026
Revisions No. : 0
Prepared By: Human Resources
Approved: ss/President, Board of Supervisors

Personnel Regulation 45: Transfer and Voluntary Demotion

Applicability & Purpose

This Personnel Management Regulation (PMR) defines rules for transfer and voluntary demotion.

45.1 Transfer

A. All regular employees, except probationary employees during the first six months of employment, may initiate a request to transfer to the same classification in another department by submitting a Transfer Application to the Human Resources Department. A Transfer Application form is available on the MINE, under Human Resources, Jobs and Salaries, Current Job Postings. The request will be kept on file for one year from the date of receipt. Once the employee is certified, if selected, the employee will be transferred to the new department.

B. An employee with less than six months of service, less than satisfactory performance evaluation and/or a disciplinary suspension, reduction in pay or equivalent disciplinary action within the last year may not be eligible for a transfer except at the discretion of the Director of Human Resources.

45.2 Voluntary Demotion

Any employee may voluntarily demote to a vacant position with a lower salary for which the employee meets the minimum qualifications, upon the written request of the employee and the approval of the appointing authority and the Director of Human Resources. Should such demotion be to a class unrelated to the previous position, the employee will serve a new probationary period.

Personnel Regulation 46: Personnel Records and Files

Applicability & Purpose

This Personnel Management Regulation (PMR) defines rules for the management, confidentiality, access, and release of personnel records and files.

46.1 Official Personnel File

The County maintains an official personnel file for each employee in the Human Resources Department. The employee’s department may maintain a duplicate file. An employee’s personnel file will contain material that is necessary and relevant to the administration of the County’s personnel program and the employer-employee relationship. Personnel files are the property of the County and access to the information they contain is restricted. An employee will possess or be given a copy of any document placed in his or her official personnel file, as maintained in the Human Resource Department.

46.2 Notifying the County of Changes in Personal Information

A. Each employee is responsible to promptly notify the employee’s supervisor and department administration of any changes in relevant personal information, including:

Mailing address;
Telephone number;
Persons to contact in an emergency;
County E-mail address; and
County or safety-related cell phone number.

46.3 Employee Access to Personnel File

A. Inspection of File. An employee may inspect his or her own official personnel file or department file or authorize inspection in writing by another person, at reasonable times and at reasonable intervals. An employee who wishes to review his or her file should contact the Human Resources Department or his or her department head to arrange an appointment. The review must be done in the presence of a Human Resources Department employee or department head designee.

B. Copies. On request, an employee is entitled to receive a copy of any employment-related document he or she has signed. An employee who wishes to receive such a copy should contact the Human Resources Department. On request, the County will also provide an employee single copies of any other documents in his or her official personnel file. The County may charge a reasonable fee for the copies.

46.4 Medical Information

A. Separate Confidential Files. All medical information of an employee or applicant is kept separately and is treated as confidential, in accordance with applicable State and federal laws, including HIPPA.

46.5 Requests for References and Release of Information in Personnel File

A. Public Information. Upon request, the County will release to the public information about its employees as required by the Public Records Act. The County will not disclose personnel information that it considers would constitute an unwarranted invasion of personal privacy.

B. Reference Checks. All requests from outside the County for reference checks or verification of employment concerning any current or former employee must be referred to the Human Resources Department. Information will be released only if the employee signs a Consent to Release Employment Information Form (PMR 46 - Form 2) or its equivalent; however, no such authorization form is needed for release of the following limited information: (1) job title, (2) dates of employment, and (3) salary upon departure or current salary range when verifying employment for a loan. Department heads and supervisors will not provide information in response to requests for reference checks or verifications of employment, unless specifically approved by the Human Resources Department on a case-by-case basis. Departments are authorized to verify current employment for loan applications provided they have a release form signed by the employee.

C. Reference Checks for Peace Officers. Background checks of peace officers will be conducted in compliance with Government Code Section 1031.1.

B. Information in Medical Files. The County will not obtain medical information about an employee or applicant except in compliance with the California Confidentiality of Medical Information Act and HIPPA. To enable the County to obtain certain medical information, the employee or applicant may need to sign an Authorization to Release Medical Information Form (PMR 46 - Form 1).

C. Access to Medical Information. Access to employee or applicant medical information will be strictly limited to only those with a legitimate need to have such information for County business reasons. In the case of an employee with a disability, his or her manager and supervisor may only be informed regarding necessary restrictions on the work or duties of the employee and necessary accommodations. The County will not provide employee or applicant medical information to a third party (except as permitted under the California Confidentiality of Medical Information Act) unless the employee signs an Authorization for Release of Employee Medical Information on the form the County provides. The County will release only the medical information that is identified in the employee’s authorization. If the employee’s authorization indicates any limitations regarding the use of the medical information, the County will communicate those limitations to the person or entity to whom or to which it discloses the medical information.

46.6 Supervisor's Working Folder

Supervisors are encouraged to maintain notes about employee performance throughout the year in a working folder or day planner, in order to provide the highest quality feedback and to remember occurrences and situations which are relevant to job performance. Because employee evaluation cycles are annual, this information usefulness expires after 14 months or after the evaluation covering that period, whichever is later, and will be disposed of in a manner appropriate for confidential information. This information, exclusively for the use of the supervisor in the performance of his or her responsibilities, is not available for view by employees unless required by the Public Safety Officers’ Procedural Bill of Rights.

Approval

Effective Date: January 2005
Revisions No. : 0
Prepared By: Laura Armor
Approved: ss/Steve Kinsey, President, Board of Supervisors

Personnel Regulation 47: Employee Discipline

Applicability & Purpose

This Personnel Management Regulation (PMR) specifies the bases and rules for disciplinary action for County employees.

47.1 Authority

County officers designated as having appointing authority may demote, suspend, reduce in compensation or dismiss regular employees in the Merit System. Managers and supervisors, as well as the appointing authority, may provide written or oral warnings.

47.2 Types of Disciplinary Action

A. Oral Warning. A formal discussion with an employee, usually by the employee’s immediate supervisor, about performance or conduct problems, the need for the employee to improve, what specific improvement is expected, and further consequences if improvement is not made.

B. Written Warning. A formal written notice to an employee, usually by the employee’s immediate supervisor, regarding performance or conduct problems, the need for the employee to improve, what specific improvement is expected, a statement of any prior disciplinary action, and the further consequences if improvement is not made.

C. Suspension. Removal of an employee from duty without pay for a specified period.

D. Reduction in Compensation. A reduction in pay from the employee’s current step within a pay range to any lower step within that same range.

E. Demotion. A reduction in status and salary from one classification to another classification having a lower salary range.

F. Dismissal. Separation from employment of an employee for cause.

47.3 Grounds for Disciplinary Action

A. The maintenance of regular status in the Merit System by an employee requires appropriate behavior and competent service. Any regular employee is subject to disciplinary action, including dismissal, suspension, reduction in compensation, demotion, written warning and oral warning. Listed below are examples of causes which will be deemed sufficient for such action by the appointing authority. Grounds for disciplinary action are not limited to the examples enumerated below:

Fraud, misrepresentation of fact, or concealment in securing appointment or during employment.
Falsification in any information provided to the County including information provided on employment records, timesheets or reimbursement requests.
Unauthorized, unexplained absence.
Insubordination, a willful failure to conform to directives, duly established orders of supervision, or insulting or demeaning the authority of a supervisor or manager.
Incompetence, i.e. inability to comply with the minimum standard of performance of an employee’s position for a significant period of time.
Inefficiency or inexcusable neglect of duty, i.e. failure to perform duties required of an employee within his or her position, or wasting time, energy, or materials.
Abuse of sick leave, i.e., taking sick leave, without a doctor’s certificate when one is required, or misuse of sick leave, i.e. claiming sick leave when one or one’s family member is not sick.
Disorderly or immoral conduct.
Dishonesty.
Possession, distribution, sale, use or being under the influence of alcohol or illegal drugs or narcotics while on duty or while operating a County vehicle or potentially dangerous equipment leased or owned by the County.
Any action which indicates a lack of concern for injury to him or herself or others.
Gross negligence, willful damage to public property or waste of public supplies or equipment.
Unauthorized use of County property or equipment, including driving on County business without a driver’s license and/or insurance.
Theft of County equipment, supplies, or property.
Discourteous, offensive or abusive treatment of the public or other employees.
Refusal to participate as directed in an investigation conducted by the County.
Working overtime without authorization.
Any willful act, conduct undertaken, or statements made in bad faith, either during or outside of duty hours, which is of such a nature that it causes discredit to the County or the employee’s department or division.
Outside employment not specifically authorized.
Acceptance from any source of a reward, gift, or other form of remuneration in addition to regular compensation to an employee for the performance of his or her official duties.
Improper political activity. Example: Campaigning for or espousing the election or non-election of any candidate or issue in national, state, county or municipal elections while on duty and/or during working hours or in County uniform on or off duty; or the dissemination of political material of any kind while on duty and/or during working hours or in uniform.
Possession of weapons on agency property unless authorized.
Disclosure of confidential and/or privileged information.
Willful violation of any of the provisions of the Merit System, these Personnel Management Regulations, County rules or Departmental rules, regulations, policies, and procedures.
Engaging in sexual activity while on duty.

47.4 Discipline of Exempt Employees

Except for a violation of a major safety rule, exempt employees not eligible for overtime are not subject to (1) suspensions other than in full work week increments, (2) temporary demotions (with a beginning and ending date) or (3) temporary reductions in pay.

47.5 Possible Investigation

When an act of an employee that may be cause for disciplinary action is reported to the employee’s supervisor, it may be necessary to conduct an investigation to determine the facts and/or to confirm the allegations. The investigation may be performed by the employee’s supervisor or assigned to an administrative employee, outside investigator or other designee of the department head. The object of the investigation will be to determine if a disciplinary offense did occur, and if so, by whom. Investigations will be conducted as confidentially as possible. As much as possible, the employee will receive notice as to the purpose of the meeting, and of the right to representation if the employee believes the investigation could lead to disciplinary action for him or her.

47.6 Procedures for Taking Disciplinary Action and Related Appeal Rights

A. Oral Warning. Following a formal discussion, a supervisor or manager may summarize the oral warning, provide the summary to the employee, or supervisor, and place it in the employee’s department personnel file. At a minimum, a notation that the oral warning was given must be kept by the supervisor or manager. An oral warning may not be challenged or appealed, except that as provided under the Public Safety Officers’ Procedural Bill of Rights, any such adverse written information must be with employee’s knowledge and right to view.

B. Written Warning. A written warning will be prepared, discussed with, and given to the employee. A copy will be placed in the employee’s official personnel file in the Human Resources Department. The employee may, within ten days of receipt of the warning, file a written response with the department head for placement in the personnel file. Employees covered under the Public Safety Officers’ Procedural Bill of Rights have 30 days to file a response and the opportunity for administrative appeal pursuant to 47.6C.2 below.

C. Suspension/Reduction in Compensation/Demotion/Dismissal

Notice of Proposed Discipline. Whenever the appropriate authority intends to suspend an employee, demote the employee, reduce the employee in compensation or dismiss the employee, the appropriate authority will give the employee a written notice of proposed discipline which sets forth the following. Such notice will not be issued without prior consultation with and review by County Counsel and Human Resources Director or their designee(s).
1. The disciplinary action intended;
2. The specific charges upon which the action is based;
3. A summary of the facts upon which the charges are based;
4. Identification of the rule, regulation, personnel management regulation, or policy violated;
5. A copy of all written materials, reports, tape recordings or documents upon which the discipline is based, or notice that the employee may request and will be given such information;
6. Notice of the employee’s right to respond to the charges either orally or in writing to the appropriate authority;
7. The date, time and person before whom the employee may respond. Said time will be no less than seven calendar days from receipt of the notice;
8. Notice that failure to respond at the time specified will constitute a waiver of the right to respond prior to final discipline being imposed;
9. The employee’s right to a representative.
Response by Employee. The employee will have the right to respond to the appropriate authority orally or in writing. The employee will have a right to be represented at any meeting set by the appropriate authority to hear the employee’s response. In cases of suspensions, demotions, reductions in compensation or dismissal, the employee’s response will be considered before final action is taken.
Final Notice. After the response or the expiration of the employee’s time to respond to the notice of proposed discipline, the appointing authority or designee will either: (1) dismiss the proposed discipline and take no disciplinary action against the employee, (2) modify the recommended disciplinary action, or (3) uphold the recommended disciplinary action. The appointing authority or designee will prepare and serve upon the employee a final notice of disciplinary action. The final notice of disciplinary action will include the following. Such notice will not be issued without prior consultation with and review by County Counsel and Human Resources Director or their designee(s).
1. The disciplinary action taken;
2. The effective date of the disciplinary action taken; (for suspension, reductions in compensation and demotions the effective date is generally after the hearing or time to request a hearing has expired).
3. Specific charges upon which the action is based;
4. A summary of the facts upon which the charges are based;
5. The written materials, reports, tape recordings, and documents upon which the disciplinary action is based;
6. The employee’s right to appeal.
Appeal Rights. For suspensions of five days or less, the employee may appeal to the County Administrator. For suspensions in excess of five days, reductions in compensation, demotion and dismissal, the employee has the right to appeal to the Personnel Commission. Peace officers covered under Public Safety Officers Procedural Bill of Rights are entitled to a hearing as set forth in PMR 47.8 for all suspensions and for a transfer for disciplinary purposes that results in a loss of pay. For written reprimands and punitive transfers that do not result in a loss of pay the public safety officer will have the right to respond as set forth in PMR 47.6.C.2.
Within 72 hours of issuance of the final notice, it will be filed in the employee’s personnel file. If an employee is dismissed, the employee will no longer receive salary or benefits after the time to request a hearing has expired.

D. Immediacy Required

If the appointing authority believes that the public interest requires that a suspension or dismissal have immediate effect, the proposed action and its basis will be submitted to the Director of Human Resources. After notice to the affected person, the Director of Human Resources or designee will conduct a hearing to determine:
1. If there is a probable cause for the order; and
2. Whether the public interest requires that the order take immediate effect.
If upon completion of the hearing the Director of Human Resources or designee so finds, the order will take effect upon the date designated by the Human Resources Director or designee. The Director’s or designee’s determination will not be appealable, but this determination will not affect the rights to appeal and hearing set forth in the remaining sections.
Notwithstanding the above, in some cases (e.g. fighting, theft, intoxicated while on duty, and belligerent insubordination), immediate, on the spot, administrative leave may be appropriate, followed by the immediacy hearing.

47.7 Appeal Hearing Request by Employee

A. Suspension of Five Days or Less. A regular employee will have the right to an appeal hearing before the County Administrator. The employee must, within ten calendar days of the date of the final notice, file an answer to the charges and a request for a hearing before the County Administrator. The request must be submitted in duplicate to the Executive Secretary to the Personnel Commission (Director of Human Resources).

B. Suspension of More than Five Days, Reduction in Compensation, Demotion and Dismissal. A regular employee will have the right to an appeal hearing before the Personnel Commission. The employee must, within ten calendar days of the date of the final notice, file an answer to the charges and a request for a hearing before the Personnel Commission. The request must be submitted in duplicate to the Executive Secretary of the Personnel Commission (Director of Human Resources). The request should contain the charges, an admission or denial of the charges and reasons why the final order should be reversed or modified.

C. Peace Officers. A regular employee covered by the Public Safety Officers’ Procedural Bill of Rights may request an appeal hearing for any suspension or more severe disciplinary action. Such hearing may be before the Personnel Commission or other neutral fact-finding body designated by the Board of Supervisors. The request must be submitted within 30 calendar days of the final disciplinary action decision and must be submitted in writing to the Executive Secretary to the Personnel Commission (Director of Human Resources) indicating the basis on which the employee disputes the disciplinary action.

D. Waiver of Hearing. If the employee does not answer the charges and file the request for a hearing within ten calendar days after the date of the final notice (30 days under the Public Safety Officers’ Procedural Bill of Rights), the right to appeal is forfeited.

47.8 Procedure for Hearing Before Personnel Commission

A. Upon receipt of an appeal from a dismissal, suspension in excess of five days, reduction in compensation or demotion for cause, or any suspension or more severe disciplinary action under the Public Safety Officers’ Procedural Bill of Rights, the Personnel Commission will schedule the appeal for a hearing. At that time, the Commission may also schedule a preliminary and/or pre-conference hearing. The Personnel Commission will conduct a hearing and, upon the conclusion thereof, either affirm, modify, or revoke the action being appealed. The hearings will be in accordance with the General Hearing Procedures in PMR 3 and as detailed below. The Commission, upon request of the employee, may determine that the hearing be closed to the public.

Pre-Hearing Procedure
1. Preliminary or Pre-Hearing Conferences. At a meeting prior to the date of the formal hearing, or immediately prior to opening the record on the date of the hearing, the Commission will conduct, as it deems appropriate, a preliminary conference and/or a pre-hearing conference. At these times the Commission will rule as necessary on preliminary or jurisdictional motions, on the parties’ lists of requested witnesses previously submitted in response to the Commission’s notice of hearing, on any an all documents anticipated to be given at the hearing, and on any outstanding subpoena issues.
2. Subpoenas. The Personnel Commission is authorized to issue subpoenas at the request of either party prior to the commencement of the hearing. After the commencement of the hearing, subpoenas will be issued by the Commission only for good cause. The Human Resources Department will prepare subpoenas for all witnesses; however, they will only serve subpoenas on individuals who are currently employed by the County. It will be the responsibility of the employee and the department and/or department’s counsel to submit the names of current employees to be subpoenaed at least fourteen (14) calendar days before the date of the hearing in which they are requesting the witnesses to appear, unless otherwise set forth at a preliminary hearing.
3. Exhibits and Witness Lists. Fourteen (14) calendar days prior to the date set for the hearing, unless otherwise set forth at a preliminary conference, each party will serve upon the other party and submit to the Human Resources Department a list of all witnesses and a list and copy of all exhibits. An original and ten (10) copies of the exhibits will be presented to Human Resources in 3 hole notebooks which are tabbed down the side with the exhibit numbers. The employer’s exhibits will be designated by number. The employee’s exhibits will be designated by alphabetical letter. Neither party will be permitted to call during the hearing a witness not identified pursuant to this section nor use any exhibit not provided pursuant to this section unless that party can show that they could not reasonably have anticipated the prior need for such witness or such exhibit.
Submission to the Personnel Commission. Prior to the date set for the hearing, the Human Resources Department will present the Personnel Commission with a copy of the jurisdictional documents. Those documents include the notice of intent to take disciplinary action, the final notice of disciplinary action and any response from the employee to these documents.
Record of Proceedings and Costs. All disciplinary appeal hearings of dismissal will be recorded by a court reporter at County expense. All other appeal hearings will be tape recorded unless either party requests a court reporter. The requesting party will pay the cost of the court reporter. The cost of the transcript will be borne by the requestor.
Employee Witness Compensation. Employees of the County who are subpoenaed to testify during working hours will be released with pay to appear at the hearing. The Personnel Commission may direct that these employees remain on call until called to testify. Employees who are subpoenaed to testify during non-working hours will not be compensated, unless the County agrees to a different arrangement.
Conduct of the Hearing
1. he hearing need not be conducted in accordance with technical rules relating to evidence and witnesses but hearings will be conducted in a manner most conducive to determination of the truth. Hearings shall be informally conducted.
2. Any relevant evidence may be admitted if it is the type of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rules which might make improper the admission of such evidence over objection in civil actions.
3. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but will not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions.
4. The rules dealing with privileges will be effective to the same extent that they are now or hereafter may be recognized in civil actions.
5. Irrelevant and unduly repetitious evidence may be excluded.
6. The Personnel Commission will determine relevancy, weight and credibility of testimony and evidence. Decisions made by the Personnel Commission will not be invalidated by any informality in the proceedings.
7. During examination of a witness, all other witnesses, except the parties, will be excluded from the hearing upon motion of either party, or by direction of the Personnel Commission.
Burden and Standard of Proof. In a disciplinary appeal the department imposing the disciplinary action has the burden of proof by preponderance of the evidence.
Request for Continuance. Request for continuance should be made pursuant to PMR 3. At the hearing, each side should be asked if it is ready to proceed. If either side is not ready and wishes a continuance, good cause must be stated.
Testimony under Oath. All witnesses will be sworn in for the record prior to offering testimony at the hearing. The chairperson or designee will request the witnesses to raise their right hand and respond to the following:

“Do you swear that the testimony you are about to give at this hearing is the truth, the whole truth and nothing but the truth?”
Presentation of the Case. The hearing will proceed in the following order unless the Personnel Commission for special reason directs otherwise:
1. The party imposing disciplinary action (department) will be permitted to make an opening statement.
2. The appealing party (employee) will be permitted to make an opening statement, or reserve an opening statement until presentation of its case.
3. The party imposing disciplinary action (department) will produce its evidence.
4. The party appealing from such disciplinary action (employee) may then offer its evidence.
5. At the discretion of the Commission, the party imposing discipline (department) followed by the appealing party (employee) may offer rebutting evidence.
6. At the discretion of the Commission, closing arguments will be permitted. The party with the burden of proof will have the right to go first and to close the hearing by making the last argument. The Personnel Commission may place a time limit on closing arguments. The Personnel Commission or the parties may request the submission of written briefs. After a party’s request for submittal of written briefs, the Personnel Commission will determine whether to allow the parties to submit written briefs and determine the number of pages of said briefs.
Procedure for the Parties. Objections may be ruled upon summarily or argument may be permitted. The Personnel Commission reserves the right to terminate argument at any time and issue a ruling regarding an objection or any other matter, and thereafter the representative will continue with the presentation of its case.
Right to Control Proceedings. While the parties are generally free to present their case in the order that they prefer, the Personnel Commission reserves the right to control the proceedings, including, but not limited to, altering the order of witnesses, limiting redundant or irrelevant testimony, or by the direct questioning of witnesses.
Hearing Demeanor and Behavior. All parties and their attorneys or representatives will not, by written submission or oral presentation, disparage the intelligence, ethics, morals, integrity or personal behavior of their adversaries or the Personnel Commission.

47.9 Written Findings and Decision

A. The Personnel Commission will render findings and a decision. The findings and decision or recommended decision will be rendered as soon after the conclusion of the hearing as possible. A finding must be made on each charge and/or material issue.

B. The decision may sustain or reject any or all of the charges filed against the employee. The decision may sustain, reject or modify the disciplinary action invoked against the employee. If the Personnel Commission reinstates the dismissed employee, the employee is only entitled to back pay as set forth in the decision. At a maximum this will be pay during the period of absence minus the sum the employee has earned elsewhere and minus any amounts attributable to delays caused by the employee in the hearing process. If a discharge is not sustained, the proposed decision will set forth a recommended effective date the employee is to be reinstated.

47.10 Judicial Review

A. Petition for Writ of Mandate. Judicial review of any decision of the Personnel Commission may be had pursuant to Section 1094.5 of the California Code of Civil Procedure only if the petition for writ of mandate pursuant to such section is filed within the time limits specified in this section.

B. 90 Days from Final Decision. Pursuant to Code of Civil Procedure 1094.6 any such petition will be filed not later than the ninetieth (90th) day following the date on which Personal Commission gives proper written notice of the final decision.

Approval

Effective Date: January 2005
Revisions No. : 0
Prepared By: Laura Armor
Approved: ss/President, Board of Supervisors

Personnel Regulation 48: Non-Disciplinary Separation

Applicability & Purpose

This Personnel Management Regulation (PMR) defines rules pertaining to employees who separate from County employment for non-disciplinary reasons.

48.1 Resignation

A regular employee who wishes to leave employment in good standing will file a written notice of resignation with the appointing authority, giving at least two weeks' notice of intention to leave unless the appointing authority consents, in writing, to shorter notice. The notice of resignation will be accepted in writing and copies of both forwarded by the appointing authority to the Director of Human Resources for inclusion in the employee's personnel file and arrangement for an exit interview with the Human Resources Department. A regular employee who leaves without so filing a written resignation, as prescribed above, will have the fact entered in the employee's personnel file and may be denied entrance to future examinations. The name of an employee who resigns against whom charges are pending or while under suspension, will be subject to removal from all eligible lists and may be excluded from future examinations. An employee whose name is on a promotional eligible list and who resigns will be removed from the promotional list.

48.2 Reduction in Force (Lay Off)

A. Authority to Reduce in Force (Lay off). The Board of Supervisors may abolish a position and lay-off, demote or transfer the employee holding the position in the interest of sound management.

B. Order of Lay off. Lay-offs will be made by classification within a department. The order of lay off is:

Extra hire employees in the classification.
Probationary employees in the classification.
Regular employees under-filling the affected classification or in the lower class of a sliding class.
Regular employees, in the inverse order of seniority.

C. Seniority Defined. Seniority is time served in the classification and any higher classification. Neither time spent on leave of absence without pay nor time spent as an extra-hire, provisional, emergency, or special appointment employee will count toward determining seniority. Unless an applicable collective bargaining agreement indicates otherwise, seniority for part time employees will be pro rata based on the relationship of their part time employment to full time employment.

D. Criteria if Seniority is Equal - Departmental Seniority Determination. If two or more employees have equal seniority, departmental seniority will be determinative. Departmental seniority is the total time employed in the department, regardless of classification. Neither time spent on leave of absence without pay nor time spent as an extra hire, provisional, emergency, temporary or special appointment employee will count toward determining seniority.

E. Criteria if Seniority is Equal - Date Determination. If the classification and departmental seniority of two or more employees is equal, then the date of the regular appointment is determinative, favoring the employee with the earliest appointment date. If the date of regular appointment is identical, then the date of certification is determinative. If the date of certification is equal, then the date of application is determinative. If the date of application is equal, then seniority will be determined by flipping a coin.

F. Exceptions. If the appointing authority determines that the public interest will be served by not following the criteria set forth in 48.2.B through 48.2.E, above, the appointing authority can designate a more senior employee to be laid off upon a showing of demonstrable superiority of performance and/or qualifications of the employee to be retained. If that determination is made, the laid off employee may appeal to the Personnel Commission seven (7) calendar days after written notice of lay off. The Commission will hold a hearing within twenty one (21) calendar days after receipt of the appeal and make a decision within seven (7) calendar days thereafter, which is final.

G. Bumping. An employee designated to be laid off may displace (“bump”) an employee with less seniority in a classification at the same salary level within the same department or the next lower classification in the same department if the employee previously held regular status in the classification. The employee must meet the minimum qualifications of the position into which the employee seeks to bump. A part time employee with more seniority may bump a full time employee from that part-time portion of the hours worked. The employee who is bumped may bump in the same manner as set forth in PMR 48.2 B-F.

H. Transfer in Lieu of Lay Off. The Human Resources Department will attempt to transfer an employee to be laid off prior to the effective date of lay off to a vacant position for which they meet the minimum qualifications. An employee who does not accept the transfer will be laid off.

I. Notice of Lay Off. Unless a collective bargaining agreement provides otherwise, regular employees to be laid off will be given fourteen (14) calendar days prior written notice. The notice will inform employees of their bumping rights, if any. Bumping rights must be exercised within seven (7) calendar days of notice of lay off.

J. Regular, Fixed Term Employee Exception. Employees in regular, fixed term appointment may be laid off as described in A above, but are not subject to or eligible for these displacement procedures.

48.3 Exhausting All Leave

When an employee exhausts all paid leaves, including time afforded public safety employees pursuant to Government Code section 4850, supplemental leave provided through Catastrophic Leave Donation or otherwise, and any approved leave of absence without pay including Family Medical Leave, and still is not able to return to work, the employee will be separated from employment. The County will apply for disability retirement on the employee’s behalf if appropriate, consistent with State law. The employee may be eligible for a hearing before the appointing authority.

48.4 Job Abandonment

An employee is deemed to have resigned if the employee is absent for five consecutive workdays without prior authorization and without notification during the period of absence. On the third working day of unauthorized absence, the supervisor will send an overnight letter or a process server to the employee’s last known address informing the employee that if the employee fails to report to work within two workdays, or receive authorization for such absence, the employee will be deemed to have resigned. Employees separated from employment for job abandonment will be reinstated with such charge removed from the employee’s record upon presentation of justification for absence such as severe accident, severe illness, false arrest, or mental or physical impairment which prevented notification. Employees have no right to appeal if deemed to have resigned as a result of job abandonment.

48.5 End of Fixed Term Appointment

When an appointment is made for a fixed term and that term ends, the separation is simply due to completion of the term and is in no way a disciplinary separation.

48.6 Physical or Mental Incapacity

If an employee is determined by their own or the County’s physician to be unable to perform the essential functions of the job, with or without reasonable accommodations (if disabled), or without presenting a direct threat to the health and/or safety of others, and all relevant benefits (e.g. FMLA, GC 4850) have been exhausted, the employee may be separated from employment due to physical or mental incapacity where appropriate. The County will apply for disability retirement consistent with State law. The employee may be eligible for a hearing before the appointing authority.

48.7 Retirement

A regular employee who wishes to and is eligible to retire will submit the appropriate paperwork to the Retirement Office, and file a written notice of retirement with the appointing authority, giving the maximum notice possible. The notice of retirement will be accepted in writing and copies of both forwarded by the appointing authority to the Human Resources Department.

Approval

Effective Date: January 2005
Revisions No. : 0
Prepared By: Laura Armor
Approved: ss/President, Board of Supervisors

Personnel Regulation 49: Reasonable Accommodation

Applicability & Purpose

This Personnel Management Regulation (PMR) defines County of Marin policy and procedure on Reasonable Accommodation for employment.

49.1 General

The County of Marin will provide reasonable accommodation to persons who have a known qualifying medical condition, physical disability or mental disability where accommodation is needed to (1) enable a person to be considered for a job, (2) enable an employee to perform the essential functions of the employee’s job, and/or (3) enable an employee to enjoy equal benefits and privileges of employment. The County is not required to provide a reasonable accommodation that would create an undue hardship for the County or present a direct threat to the employee/applicant. In general, it is the responsibility of the person with a disability to notify the County that a reasonable accommodation is needed.

49.2 Reasonable Accommodation in the Hiring Process

Upon request, reasonable accommodations will be made for qualified job applicants with disabilities. An accommodation request should be submitted with the employment application. Text telephones (TTY) are available for persons with communications disabilities. Persons with disabilities requesting a reasonable accommodation can expect the Human Resources Department to respond on a case-by-case basis. If the existence of a disability and/or the need for accommodation is not obvious, the Human Resources Department will seek appropriate documentation of the disability, limitations, and the needed accommodations from the applicant.

49.3 Reasonable Accommodation in Employment

A. Request for Reasonable Accommodation. An employee who believes he/she/they is a qualified employee with a disability must complete an Employee Reasonable Accommodation Request Form (PMR 49 -- Form 1) and submit the form to the Human Resources Department. An employee is entitled to representation throughout this process.

B. Medical Documentation

If the existence of a disability and/or the need for accommodation is not obvious, the employee must have the employee’s physician or health care provider complete a Physician or Practitioner Certification – Request for Reasonable Accommodation Form (PMR 49 – Form 2) to support the request for reasonable accommodation. PMR 49 – Form 2 must be completed, signed , and dated by the employee’s physician or health care provider.
If the submitted PMR 49 – Form 2 is inadequate, incomplete, or conflicts with other information obtained, the Human Resources Department may ask the employee to obtain further information from the employee’s physician or health care provider. Failure to provide adequate and complete documentation may result in a denial of the employee’s request for accommodation.

49.4 The Interactive Process

A. Once the need for reasonable accommodation arises either by the employee’s request or by the County’s knowledge of the employee’s disability, the County by and through the applicable department and the Human Resources Department, or their designee, will engage in the following process:

Review the purpose and essential functions of the job.
Engage in an interactive dialogue with the employee with a disability to ascertain the precise job-related limitations imposed by the employee’s disability and how those limitations would be overcome with a reasonable accommodation.
In consulting with the employee, identify the potential reasonable accommodations and assess the effectiveness each would have in enabling the employee to perform the essential functions of the position.
Consider the preference of the employee to be accommodated. Select and implement the reasonable accommodation most appropriate for the County in collaboration with the employee’s input.

B. An employee who has requested a reasonable accommodation must actively participate in the interactive process, as directed by the Human Resources Department. This participation includes communicating with the Human Resources Department and/or designee about the request, providing medical documentation when requested, identifying potential accommodation options, and determining accommodation(s).

C. The appropriate accommodation in any given situation will be determined on a case-by-case basis.

D. The County Executive or the Human Resources Director if designated by the County Executive will make a decision regarding what constitutes undue hardship. Such decision will be final. Reasonable accommodation may not be granted if it creates an undue hardship for the County.

Approval

Effective Date: April 2026
Revisions No. : 0
Prepared By: Human Resources
Approved: ss/President, Board of Supervisors

Personnel Management Regulations
PMR Table of Contents - Human Resources - County of Marin.

All Personnel Management Regulations

Contents

Section 1: General and Administration

Personnel Regulation 1: Purpose & Authority

Applicability & Purpose

1.1 Purpose

1.2 Application

1.3 Authority

1.4 Effect of Collective Bargaining Agreements

1.5 No Contract Created

1.6 Right to Amend, Delete or Suspend

Approval

Personnel Regulation 2: Definitions

Applicability & Purpose

2.1 Definitions

Approval

Personnel Regulation 3: Personnel Commission

Applicability & Purpose

3.1 Creation and Organization of the Personnel Commission

3.2 Duties and Authority of the Personnel Commission

3.3 Commission Meetings

3.4 Affirmative Action Advisory Committee

Approval

Personnel Regulation 4: Employee Relations Resolution

Applicability & Purpose

4.1 Employee's Rights

4.2 Representation Units

4.3 Rights of Certified Employee Organizations

4.4 Certification

4.5 Certification Procedure

4.6 Effect of Decision

4.7 Modification of Established Unit and Decertification

4.8 Conferences

4.9 Collective Bargaining

4.10 Grievances

4.11 Other Laws

4.12 Jurisdiction

Approval

Section 2: Personnel Conduct and Standards of Employment

Personnel Regulation 20: Employee Standards of Conduct

Applicability & Purpose

20.1 Code of Ethics

20.2 General Prohibitions

20.3 Improper Political Activity

20.4 Maintenance of Confidential and/or Privileged Information

20.5 Outside Employment

20.6 Drug and/or Alcohol Use

20.7 Use of County Facilities or Property

20.8 Smoking Prohibited

20.9 Employee Responsibilities as Disaster Service Workers

Approval

Personnel Regulation 21: EEO and Anti-Harassment

Applicability & Purpose

21.1 Policy

21.2 Discrimination and Retaliation

21.3 Harassment

21.4 Complaint Resolution Process for Alleged Discrimination, Harassment or Retaliation

21.5 Discrimination Appeals

21.6 External Complaint

Approval

PMR 22: DOT Drug and Alcohol Policy- Safety Sensitive Positions

Applicability & Purpose

22.1 General

22.2 Employee Questions

22.3 Covered Employees

Class Title

22.4 Definitions

22.5 Prohibitions Mandated by the Regulations

22.6 Consequences of Employee Found to have Alcohol Concentration Levels of 0.02 or Greater but Less Than 0.04

22.7 Circumstances Under Which Drug and Alcohol Testing will be Imposed On Covered Employees

22.8 Procedures to be used for Detection of Drugs and Alcohol

22.9 Refusal to Submit to an Alcohol and/or Drug Test

22.10 Consequences of Failing and Alcohol and/or Drug Test

22.11 Employee Assistance Program (EAP)

22.12 Verification of Previous Employment as a Safety Sensitive Employee

Approval

Personnel Regulation 23: Electronic Media

Applicability & Purpose

23.1 Scope

23.2 General Policy and the Use of Electronic Media