HomeMy WebLinkAbout03. PERSONNEL
Title 3
PERSONNEL *
Division 30 Miscellaneous Authorities
Chapter 30-2 Industrial Development Authority
Sections:
30-2.002
30-2.004
Purpose.
California Industrial Development
Financing Act.
30-2.006 Declaration.
30-2.008 Referendum.
Division 33 Merit System
Chapter 33-3 Merit System Ordinance Codified
Article 33-3.3 Introduction
Sections:
33-3.303 Background.
33-3.305 Codification needed.
Article 33-3.5 Merit System Established
Sections:
33-3.503 Adoption.
33-3.505 Amendment and repeal.
33-3.507 Coverage.
33-3.509 Districts.
Article 33-3.7 Nondiscrimination
Sections:
33-3.703 No discrimination.
Article 33-3.9 Merit Board
Sections:
33-3.903
33-3.905
33-3.907
33-3.909
33-3.911
Article 33-3.11
Sections:
33-3.1103 Discipline procedure.
Article 33-3.13 Merit System Regulations
Sections:
33-3.1303
33-3.1305
Merit board created.
Removal.
Staff.
Powers and duties.
Subpenas.
Dismissal, Suspension, Demotion
General.
Subjects.
PERSONNEL
*For the statutory authority of the board of supervisors to employ such persons
as it deems necessary and to adopt an ordinance defining the qualifications,
duties and responsibilities of such persons, see Gov. C. ~ 25208; for the pro-
visions regarding county employees generally, see Gov. C. ~ 31000 ff.
35
(Contra Costa County 4-82)
PERSONNEL
(Contra Costa County 4-82)
Article 33-3.15 Interim Provisions
Sections:
33-3.1503
Present provisions effective in
interim.
33-3.1505 Rights preserved.
33-3.1507 Effective and operative dates.
33-3.1509 Memorandum of understanding.
33-3.1511 Clerk's certification.
Chapter 33-5 Exclusions and Other Coverage
Article 33-5.3 Exclusions
Sections:
33-5.303
33-5.305
33-5.307
33-5.309
33-5.311
33-5.313
33-5.315
33-5.317
33-5.319
33-5.321
General.
Electives, commissioners, etc.
County administrator.
Miscellaneous.
District attorney and sheriff.
Health-medical.
Adjudicative.
Supervisors' staff.
Merit board's executive secretary.
Department head's executive
secretary.
33-5.323 Project positions.
33-5.325 Special areas.
33-5.327 Public information.
33-5.329 Animal services.
33-5.331 Airports manager.
33-5.335 Community services director.
33-5.337 LAFCO executive officer.
33-5.339 Library student-assistant.
33-5.341 Agriculture-Weights-measures.
33-5.343 Fire officer.
33-5.345 West fire chief.
33-5.347 Public works.
33-5.349 Superior court staff.
33-5.351 Public guardian.
33-5.353 Land information systems director.
33-5.355 Appeals officers.
33-5.357 Emergency services director.
Chapter 33-7 Other Merit System Matters
Article 33-7.3 General Interim
Sections:
33-7.303 Interim jurisdiction.
Article 33-7.5 Compensation
Sections:
33-7.503
Merit board members.
36
PERSONNEL
Division 38 Retirement
Chapter 38-2 System
Sections:
38-2.002 Established.
36-1
(Contra Costa County 4.82)
Chapter 38-4 Miscellaneous Provisions
Article 38-4.2 Adjustments
Sections:
38-4.202
Adjustments-Applicability of
Government Code provisions.
38-4.204 Adjustments-Cost of living.
Article 38-4.4 Partially Disabled Persons
Sections:
38-4.402
Article 38-4.6
Sections:
38-4.602
Partially disabled persons-
Applicability of Government Code
provisions.
Service Credits
Sick leave.
37
PERSONNEL
(Contra Costa County 11-81)
34-16.014 Confidentiality.
34-16.016 Meeting and conferring.
34-16.018 Submission to board.
34-16.020 Cost.
Chapter 34-18 Employees Meeting on County Time
Sections:
34-18.002 Employees.
34-18.004 Organization representatives.
38a
PERSONNEL
(Contra Costa County 7-80)
PERSONNEL
Chapter 34-20 Use of County Facilities
Sections:
34-20.002 Meeting areas.
34-20.004 Scheduling and conduct.
34-20.006 Equipment.
34-20.008 Bulletin boards.
34-20.010 Access to work areas.
34-20.012 Distributing literature.
Chapter 34-22 Unfair Practices
Sections:
34-22.002 County.
34-22.004 Employee organizations.
Chapter 34-24 Sanctions
Sections:
34-24.002 Exclusive.
34-24.004 Against employee organizations.
34-24.006 Notice.
34-24.008 Appeal.
Chapter 34-26 Dues Deduction
Sections:
34-26.002 Majority representatives.
34-26.004 New employees in unit.
34-26.006 Other employees.
34-26.008 Authorization.
34-26.010 Amount.
34-26.012 Indemnity and refund.
Chapter 34-28 Grievance Procedure
Sections:
34-28.002 General.
34-28.004 Fact finding.
34-28.006 Lowest level.
34-28.008 Second level (optional).
34-28.010 Departmentallevel.
34-28.012 Appeal to employee relations officer.
34-28.014 Appeal from employee relations officer.
34-28.016 Arbitration.
34-28.018 Board determination.
34-28.020 Time limits waiver.
Division 36 Terms of Employment and Compensation
Chapter 36-2 General
Sections:
36-2.002
36-2.004
36-2.006
36-2.008
36-2.010
36-2.012
Application of division.
Regular county employees.
Part-time compensation.
Temporary employment.
Compensation for portion of month.
County administrator's regulations.
38-1
(Contra Costa County 3-15-74)
PERSONNEL
(Contra Costa County 3-15-74)
Chapter 36-4 Salary Administration
Article 36-4.2 New Employees
Sections:
36-4.202 General regulations.
Article 36-4.4 Anniversary Dates
Sections:
36-4.402 Designated.
38-2
INDUSTRIAL DEVELOPMENT AUTHORITY
Division 30
MISCELLANEOUS AUTHORITIES
Chapters:
30-2 Industrial Development Authority
Chapter 30-2
INDUSTRIAL DEVELOPMENT AUTHORITY
Sections:
30-2.002
30-2.004
Purpose.
California Industrial
Development Financing Act.
Declaration.
Referendum.
30-2.006
30-2.008
30-2.002 Purpose. There exists within the
county economically distressed areas which may
be benefited by efforts to prevent the loss of
existing jobs and to create new jobs. In the
interest of the health, welfare and safety of the
people of this county and of the state, it is
necessary to provide an alternative method of
financing certain facilities in order to prevent
the loss of existing jobs in such county and to
increase employment opportunities and other-
wise contribute to the economic development of
this county. (Ord. 81-78 ~ 1).
30-2.004 California Industrial Development
Financing Act. The Californi~ Industrial
Development Financing Act, California Govern-
ment Code Sections 91500, et seq. (the "Act"),
. has created in the county a public, corporate
instrumentality of the state of California known
as the industrial development authority of the
county of Contra Costa, for the purpose of
exercising powers granted by the Act. Section
91520 provides that said authority shall not
transact any business or exercise any powers
under the Act unless, by ordinance, this board
of supervisors declares that there is a need for
such authority and that the authority shall
function. (Ord. 81-78 ~ 1).
30-2.006 Declaration. It is hereby found
and declared that there is a need for the
industrial development authority of the county
of Contra Costa created by Government Code
Section 91520 and that this authority shall func-
tion in the county, and this authority is hereby
30-2.002-30-2.008
authorized to transact business and to exercise
all powers permitted by law. (Ord. 81-78 ~ 1).
30-2.008 Referendum. Pursuant to Govern-
ment Code Section 91520 (b), the ordinance
codified in this chapter is subject to the
referendum provisions of Elections Code
Sections 4051 through 4058. (Ord. 81-78 ~ 1).
Division 33
MERIT SYSTEM
Chapters:
33-3 Merit System Ordinance Codified
33-5 Exclusions and Other Coverage
33-7 Other Merit System Matters
Chapter 33-3
MERIT SYSTEM ORDINANCE CODIFIED
Article 33-3.3 Introduction
Sections:
33-3.303 Background.
33-3.305 Codification needed.
Article 33-3.5 Merit System Established
Sections:
33-3.503 Adoption.
33-3.505 Amendment and repeal.
33-3.507 Coverage.
33-3.509 Districts.
Article 33-3.7 Nondiscrimination
Sectio ns:
33-3.703 No discrimination.
Article 33-3.9 Merit Board
Sections:
33-3.903
33-3.905
33-3.907
33-3.909
33-3.911
Article 33-3.11
Merit board created.
Removal.
Staff.
Powers and duties.
Subpenas.
Dismissal, Suspension,
Demotion
Sections:
33-3.1103 Discipline procedure.
Article 33-3.13 Merit System Regulations
Sections:
33-3.1303 General.
33-3.1305 Subjects.
39
33-3.303 -33-3.905
PERSONNEL
ArtiCle 33-3.15 Interim Provisions
Sections:
33-3.1503
33-3.1505
33-3.1507
33-3.1509
Present provisions effective in
interim.
Righ ts preserved.
Effective and operative dates.
Memorandum of
understanding.
Clerk's certification.
33-3.1511
Article 33-3.3 Introduction
33-3.303 Background. (a) Resolution_
80/290. On March 18,1980, this board adopted
Resolution 80/290, which expressed the "basic
objectives" and "merit principles" to guide the
proposed merit system, and which embodied a
draft County Merit System Ordinance to be pro-
posed to the electorate as County Proposition
"A" on the June 3, 1980, primary election
ballot, pursuant to Government Code Section
311 05 .
(b) Ordinance 80-47. A majority 0 f the
voters on June 3, 1980, passed Proposition "A"
a.dopting County Ordinance 80-47, which by
its terms (SEC. IV) became effective on July 1,
1980, and operative on July 1, 1981.
(c) Repeal of Ordinance 325 and Ordinance
Code Division 32. Ordinance 80-47 repealed
Ordinance 325 (the original civil service
Ordinance) and Division 32 of this Ordinance
Code (into which most of Ordinance 325 had
been codified). (Ord. 81-70 ~ 1).
33-3.305 Codification needed. For con-
venience of reference, of non substantive amend-
ment, and of correlation with effectuating ordi-
nances, resolutions, and regulations, the provi-
sions of Ordinance 80-47 are incorporated into
this Ordinance Code in the Code's format, as
Articles 33-3.5 through 33-3.15. (Ord. 81-70
~ 1).
Article 33-3.5 Merit System Established
33-3.503 Adoption. Under the authority
granted in the County Civil Service Enabling
Law, the merit system set forth in this division
is adopted in order to place county employment
on a merit basis for the purpose of obtaining
the highest efficiency and assuring that the best
qualified persons available shall be brought into
and retained and promoted in the service of the
(Contra C:osta County 11-81)
county. (Ords. 81-70 ~ 1, 80-47 ~ 1[1]; see
Govt. Code ~ ~ 31100 ff).
33-3.505 Amendment and repeal. Amend-
ments that are not substantial may be made by
a four-fifths' vote of the board of supervisors
without submission to a vote of the people; but
no amendment repealing this division shall be
effective unless the proposition of its repeal first
has been submitted to a vote of the qualified
electors of the county at a general or special
election and has received the affirmative vote of
a majority of the electors voting on the proposi-
tion. (Ords. 81-70 ~ 1, 80-47 ~ 1[2]).
33-3.507 Coverage. All regular county
officers and employees shall be included in the
merit system except as exempted by ordinance
adopted by the board of supervisors. (Ord.
81-70 ~ 1, 80-47 ~ 1[3]).
33-3.509 Districts. The board of supervisors
may apply this merit system to the personnel
of any district, entity or agency of which it is
the governing body, with such changes as are
desirable or necessary. (Ords. 81-70 ~ 1, 80-47
~I[4]).
Article 33-3.7 Nondiscrimination
33-3.703 No discrimination. No person in
the merit system or seeking admission thereto
shall be appointed, promoted, disciplined, re-
duced, removed or in any way favored, dis-
favored, or discriminated against because of his
political or religious or labor organization
opinions or affiliations, or his race, color, na-
tional origin, sex, age, or handicap. (Ords. 81-70
~ 1, 80-47 ~ 1[5]).
Article 33-3.9 Merit Board
33-3.903 Merit board created. By resolution
the board of supervisors shall create a merit
board in accordance with Government Code Sec-
tions 31110, 31111 and 31112. (Ords. 81-70
~ 1, 80-47 ~ 1[6], Res. 81/587).
33-3.905 Removal. The board of super-
visors, by four affirmative votes, may remove a
merit board member during the term of office,
but must state in writing the reasons for removal
and allow the member an opportunity for a pub-
lic hearing. (Ords. 81-70 ~ 1, 80-47 ~ 1[7]).
40
MERIT SYSTEM ORDINANCE CODIFIED
33-3.907 Staff. The merit board shall
employ an executive secretary and may employ
other staff subject to position and budget ap-
proval by the board of supervisors. (Ords. 81-70
9 1,80-47 S 1[8]: see 933-5.319).
33-3.909 Powers and duties. (a) General.
The merit board shall hear and make final
determinations on: appeals from orders and
actions of dismissal, suspension, or reduction
in rank or compensation unless alternative
jurisdiction is conferred by the board of super-
visors. When it is given such jurisdiction by the
board of supervisors, it may decide discrimina-
tion complaints and other matters.
(b) Others. It shall hear and make recom-
mended determinations on other matters, when
it is given jurisdiction of such matters by the
board of supervisors.
(c) Oversee Merit System. The merit board
as a whole shall monitor the operation of the
county personnel management system including
the merit system and report its recommenda-
tions from time to time to the board of super-
. visors. (Ords. 81-70 S 1,80-479 1[9]).
33-3.911 Subpenas. The merit board is
granted power to issue subpenas as provided in
Government Code Section 31110.2. (Ords.
81-70 S 1,80-4791[10]).
Article 33-3.11 Dismissal, Suspension,
Demotion
33-3.1103 Discipline procedure. Any officer
or employee in the merit system may be dis-
missed, suspended, or reduced in rank or
compensation only as provided in Government
Code Section 311 08. (Ords. 81-70 9 1, 80-47
91[11]).
Article 33-3.13 Merit System Regulations
33-3.1303 General. The board of super-
visors on recommendation of the county ad-
ministrator shall by resolution establish regula-
tions for the merit system to carry this division
into effect. These regulations shall have the
force of law and shall be administered and en-
forced by the county administrator or his de-
signee. (Ords. 81-70 9 1,80-4791[12]).
33-3.907-33-3.1511
33-3.1305 Subjects. The regulations shall
include provision for the following subjects:
classifications; appointments; examinations;
citizenship; veterans; eligible lists; temporary
appointments; special appointments; probation
periods; reinstatement; transfers and reemploy-
ment; promotions; separations; demotions; lay-
offs; leaves; transfers to county service. (Ords.
81-709 1,80-47 S I[ 13]).
Article 33-3.15 Interim Provisions
33-3.1503 Present provisions effective in
interim. If passed by a majority of the voters
voting thereon on June 3, 1980, this division
shall not displace or affect any existing provi-
sions of any ordinance, regulation, or other
administrative order or bulletin on the subjects
covered herein until its operative date as set
forth in Section 33-3.1507 and until then such
provisions shall remain in effect unless amended
or repealed in the meantime. (Ords. 81-70 9 1,
80-47 9 II).
33-3.1505 Rights preserved. This division
shall not operate to deprive any employee of
any right which has accrued prior to its opera-
tive date (July 1, 1981). (Ords. 81-70 9 1,
80-479 III).
33-3.1507 Effective and operative dates.
If passed by a majority of the voters voting
thereon on June 3, 1980, this division shall take
effect on July 1, 1980, but shall become opera-
tive on July 1, 1981. It shall be assigned an ap-
propriate number by the clerk of the board of
supervisors. (Ords. 81-70 9 1, 80-47 S IV).
33-3.1509 Memorandum of understanding.
If this division is passed by a majority of the
voters voting thereon on June 3, 1980, all exist-
ing memoranda of understanding are amended
to incorporate all existing civil service and per-
sonnel rules, regulations and administrative
bulletins related to personnel matters in
existence on March 18, 1980, with the excep-
tion of those rules, regulations, and bulletins
relating to initial appointment. (Ords. 81-70 S 1,
80-479 V).
33-3.1511 Clerk's certification. I hereby
certify this Ordinance was passed on June 3,
1980, by a majority of the electorate voting
thereon.
41
(Contra Costa County 4-82)
33-5.303-33-5.313
PERSONNEL
J. R. OLSSON, County Clerk
By: Jeanne O. Maglio, Deputy
Date: June 4, 1980
(Ords. 81-70 S 1,80-47).
Chapter 33-5
EXCLUSIONS AND OTHER COVERAGE
Article 33-5.3 Exclusions
Sections:
33-5.303
33-5.305
33-5.307
33-5.309
33-5.311
33-5.313
33-5.315
33-5.317
33-5.319
33-5.321
33-5.323
33-5.325
33-5.327
33-5.329
33-5.331
33-5.335
33-5.337
33-5.339
33-5.341
33-5.343
33-5.345
33-5.347
33-5.349
33-5.351
33-5.353
33-5.355
33-5.357
General.
Electives, commissioners, etc.
County administrator.
Miscellaneous.
District attorney and sheriff.
Health-medical.
Adjudicative.
Supervisors' staff.
Merit board's executive
secretary.
Department head's executive
secretary.
Project positions.
Special areas.
Public information.
Animal services.
Airports manager.
Community services director.
LAFCO executive officer.
Library student-assistant.
Agriculture -Weigh ts-
measures.
Fire officer.
West fire chief.
Public works.
Superior court staff.
Public guardian.
Land information systems
director.
Appeals officers.
Emergency services director.
Article 33-5.3 Exclusions
33-5.303 General. The classes and positions
listed in this article are generally excluded from
the county's merit system. (Ords. 81-70 S 2,
81-32, 73-9 S 3: cpo former Art. 32-2.6: prior
code S 2413: Ord. 325 S 4: see. SS 33-3.507,
.509).
(Contra Costa County 4.82)
33-5.305 Electives, commissioners, etc. (a)
Electives, Commissioners, etc. Officers elected
by the people, and members of the merit board
and of other boards and commissions, are ex-
cluded.
(b) Vice-electives and pay. Persons
temporarily discharging the duties of vacant
elective offices, pursuant to designation by the
board, are excluded, and shall be paid a monthly
salary equivalent to one-twelfth the salary of the
vacant office. (Ords. 81-70 S 2, 81-32 S I[ 1]:
former SS 32-2.604, .602(1, 3, 8): Ord. 73-9 S
3, prior code S 2413 [a, c]: Ords. 1954, 325 S
4[a, c]).
33-5.307 County administrator. The follow-
ing positions in the county administrator's office
are excluded: county administrator, chief assis-
tant county administrator,. assistant county
administrator-finance, assistant county adminis-
trator-human services, and assistant county ad-
ministrator-director of personnel. (Ords. 81-70
S 2, 81-32 S 1[2], 80-56 S 1, 79-43 S 2, 76-21,
73-9 S 3: former S 32-2.602 (8): prior code S
2413(h): Ords. 1449, 1444, 1289, 1209, 703 S
2, 627 S 2 (8-31-51): see SS 24-4.002, .004,
.012, .013).
33-5.309 Miscellaneous. Casual patient and
inmate employees at county institutions, and
officers and others serving the county without
pay, are excluded. (Ords. 81-70 S 2, 81-32
S 1[3], 73-9 S 3: former SS 32.2.608, .602 (2,
4): prior code S 2413 (b, d): Ord. 325 S 4).
33-5.311 District attorney and sheriff. (a)
Investigators, detectives and others, paid from
the special funds furnished to the district at-
torney and sheriff under Government Code
Sections 29400 ff. and 29430 ff., are ex-
cluded.
(b) In the district attorney's office, senior
deputy district attorneys-exempt, special coun-
sel, and special detectives, are excluded.
(c) Two assistant sheriffs are excluded. (Ords.
81-70 S 2, 81-32 S 1[4], 81-29, 80-70, 74-72
S 2,73-51 S 1,73-9 S 9: former SS 32-2.610,
.602(5, 6): prior code S 2413 (e, f): Ords.
70-47,1032,939,325 S 4).
33-5.313 Health-medical. ( a) The director
of health services is excluded, and is appointed
by the board.
42
EXCLUSIONS AND OTHER COVERAGE
33-5.313
(b) The county health officer (Health and
Safety Code Section 454) is excluded, and is
appointed by the board.
(c) The county physician (Health and Safety
Code Section 1441) is excluded, and is
appointed by the board.
42-1
(Contra Costa County 4-82)
EXCLUSIONS AND OTHER COVERAGE
(d) The county [local] director of mental
health services (Welfare and Institutions Code-
Section 5607, 9 Cal.Admin.Code Sections
620, 621 [Dir. of Local Mental Health Ser-
vices]) is excluded, and is appointed by the
board.
(e) The assistant directors of health services
are excluded, and are appointed by the director
of health services.
(f) The executive director of the health
maintenance organization is excluded, and is
appointed by the director of health services.
(g) Physicians and dentists serving the county
(except those in the classifications of assistant
health officer, and chief of community health
service) are excluded, and are appointed by the
director of health services.
(h) The health services administrative officer
is excluded, and is appointed by the director of
health services. (Ords. 81-70 ~ 2, 81-32 ~ I[5],
80-69 ~ 1, 80-34 ~ 1, 80.(), 79-29, 79-9 ~ 3:
~ 32-2.602 (7, 13, 16): prior code ~ 2413 (g,
n, r): Ords. 69-81, 2030, 471: Bd.Sups.Resol.
#79/201).
33-5.315 Adjudicative. The county hearing
officer, the juvenile court referees, and the
assessment hearing officers are excluded. (Ords.
81-70 ~ 2, 81-32 ~ I[6], 7345 ~ 2, 73-9 ~ 3:
former ~~ 32-2.614, .602 (9, 17): prior code
~ 2413 G, s): Ords. 71-110, 2023: see Chap.
24-18).
33-5.317 Supervisors' staff. Each member
of the board of supervisors may appoint such ex-
cluded personal staff person(s) as the board
authorizes, but must first notify the personnel
director in writing that each such appointee is
excluded from the merit system. Such
appointees cannot later be included in the merit
system without following the normal procedures
therefor. (Ords. 81-70 ~ 2, 8141 ~ 1[3],81-32
~ I[7], 73-9 ~ 3: former ~~ 32-2.616, .602(n):
prior code ~ 2413(1): Ord. 1912).
33-5.319 Merit board's executive secretary.
The executive secretary of the merit board is
excluded, and is appointed by the merit board.
(Ords. 81-70 ~ 2, 8141: see ~ 33-3.907).
33-5.321 Department head's executive
secretary. The board may authorize any depart-
ment head(s) to appoint one excluded executive
secretary each. (Ords. 81-70 ~ 2,8141).
33-5.315-33-5.329
33-5.323 Project positions. Employees in
positions (project positions) which are funded
by grants from federal, state or private
appropriations, for a specific limited period as
part of an approved project are excluded. The
county administrator and the director of
personnel shall develop procedures, for approval
by the board, for designating these positions
and employing persons to fill them. (Ords.
81-70 ~ 2, 81-32 ~ I[8], 73-9 ~ 3: former
~~ 32-2.618, .602(15): prior code ~ 2413 (q):
Ord. 69-27).
33-5.325 Special areas. (a) The following
positions in the Orinda and San Ramon recrea-
tion services areas (county service areas R-6
and R-7) are excluded:
Director - Orinda recreation area (one posi-
tion);
Clerk - Orinda recreation service area (two
positions);
Caretaker - Orinda recreation service area
(two positions);
Recreation instructor - Orinda recreation
service area;
Recreation assistant - Orinda recreation
service area;
Recreation supervisor - Orinda recreation
service area (one position);
Park attendant - San Ramon recreation ser-
vice area (one position);
Caretaker - San Ramon recreation service
area (one position).
(b) The public works director is the appoint-
ing authority, and he or his designee shall estab-
lish from time to time the full-time or part-time
nature of these positions, including allocating
persons hired as recreation instructors to the
proper class level and pay level on the salary
range for the class based on the criteria estab-
lished by resolution of the board. (Ords. 81-70 ~
2, 81-32 ~ I[9], 80-10, 79-122, 76-87, 7641,
76-22,74-73, 74-15 ~ 2, 73-94 ~ 1).
33-5.327 Public information. The public
information officer and public information as-
sistant are excluded, and are appointed by the
county administrator. (Ords. 81-70 ~ 2, 81-32
~ I[10], 77-116,74-15: former ~ 32-2.624).
33-5.329 Animal services. (a) Director. The
animal services director is excluded, and is ap-
pointed by the board.
43
(Contra Costa County 11-81)
33-5.331-33-5.347
PERSONNEL
(b) Veterinarians. The animal clinic
veterinarian and the veterinarian (hourly rate)
are excluded, and are appointed by the animal
services director. (Ords. 81-70 S 2, 81-32 S 1
[11, 16], 79-31 S 2,70-17 SS 2,3,76-62:
former SS 32-2.626, .636).
33-5.331 Airports manager. The manager
of airports (airports manager) is excluded, and
is appointed by the public works director.
(Ords. 81-70 S 2, 81-32 S I[ 12],77-67: former
S 32-2.628).
33-5.335 Community services director. The
director of the community services department
(community services director) is excluded, and is
appointed by the board. (Ords. 81-70 S 2,
81-32 S 1[13], 78-81: former S 32-2.630).
33-5.337 LAFCO executive officer. The
executive officer of the local agency formation
commission (LAFCO) is excluded. (Ords. 81-70
S 2, 81-32 S I[ 14], 78-89: former S 32-2.632:
Govt.C. S 54777).
33-5.339 Library student-assistant. Library
student-assistants-exempt are excluded, and are
appointed by the county librarian. (Ords. 81-70
S 2,81-32 S 1[15],79-73: former S 32-2.634).
33-5.341 Agriculture '7 Weights-measures.
The offices of county agricultural commissioner,
and of sealer (director) of weights and measures,
are excluded, and are appointed by the board.
(Ords. 81-70 S 2, 81-32 S I[ 17], 79-17 S 4:
former S 32-2.638: see S 24-24.002, Food-
Agric.C. S 2121, and Bus.-Profs.C. S 12200).
33-5.343 Fire officer. The one-position class
of fIre officer in the Contra Costa County fIre
protection district is excluded, and is appointed
by the fire chief. (Ords. 81-70 S 2, 81-32 S
I[ 18], 79-79: former S 32-2.640).
33-5.345 West lIre chief. The fire chief of
the West County fire protection district is ex-
cluded, and is appointed by the board. (Ords.
81-70 S 2, 81-32 s 1[19], 80-33: former S
32-2.642).
33-5.347 Public works. (a) Director. The
public works director is excluded, and is ap-
pointed by the board.
(Contra Costa County 11-81)
(b) Deputies. The chief deputy public works
director, and deputy public works directors, are
excluded, and are appointed by the director.
(Ords. 81-70 S 2, 81-32 s 1[20]: see Chap.
24-22, Str. & Hwys.C. S 2006, Govt.C. s s
27550 & 24300, etc.).
44
EXCLUSIONS AND OTHER COVERAGE
33-5.349
33-5.349 Superior court staff. (a) Titles. The classes of positions listed in subsection (b) are ex-
cluded from the merit system. They are described by their statutory titles and by their corresponding
present local administrative titles, with parenthetical reference to the relevant statutory provisions
in the Government Code (G.C.) and the Code of Civil Procedure (C.C.P.)
(b) Classes. The following classes are excluded:
Statutory Title
Superior court executive officer and
jury commissioner
(G.C. 69898, C.C.P. 204.1)
Local Administrative Title
Superior court administrator and jury commis-
sioner
Assistant superior court executive officer
and chief deputy jury commissioner
(G.C. 69898, C.C.P. 204.1)
Assistant superior court administrator and
jury commissioner
Deputy jury commissioner
(C.C.P.204.1)
Jury services coordinator - exempt
Superior court secretary
(G.C.69892)
Superior court secretary
Assistant superior court secretary
(G.C.69892)
Assistant secretary to the superior court judges
Official reporter superior court (regular)
(G.C.70047)
Court reporter - superior court
Juvenile court referee
(G.C.70141.11)
Juvenile court referee
Superior court commissioner
(G.c. 70141.11)
Family law commissioner
Supervising counselor of conciliation
(C.C.P. 1744, Family Conciliation Court)
Supervising counselor of conciliation - exempt
Associate counselor of conciliation
(C.C.P. 1744, Family Conciliation Court)
Associate counselor of conciliation - exempt
Family conciliation court secretary
(C.C.P. 1744, Family Conciliation Court)
One intermediate typist clerk
(Ords. 81-70 ~ 2,81-63).
45
(Contra Costa County 4-82)
33-5.351-38-2.002
PERSONNEL
33-5.351 Public guardian. The public
guardian is excluded, and is appointed by the
board. (Ord. 81-81 ~ 3: see ~ 24-25.002, and
W.&I.C. ~ ~ 8000ff).
33-5.353 Land information systems
director. The land information systems director
is excluded, and is appointed by the auditor-
controller. (Ords. 82-11 ~ 2,81-84).
33-5.355 Appeals officers. Appeals officers,
authorized by the personnel management regula-
tions, Section 211.1, are excluded, and are ap-
pointed by the board. (Ord. 81-85).
33-5.357 Emergency services director. The
director of the office of emergency services is
excluded, -and is appointed by the county ad-
ministrator. (Ord. 82-4).
Chapter 33-7
OTHER MERIT SYSTEM MATTERS
Article 33-7.3 General and Interim
Sections:
33-7.303 Interim jurisdiction.
Article 33-7.5 Compensation
Sections: -
33-7.503 Merit board members.
Article 33"7.3 General and Interim
33-7.303 Interim jurisdiction. (a) In addi-
tion to the provisions of Article 33-3.15 (Ord.
80-47 Sections II - V), the following applies
to pending appeals.
(b) Pending Civil Service Appeals. All appeals
from orders of dismissal, suspension or
demotion, pending before the civil service com-
mission on or before June 30, 1981, shall con-
tinue and become subject to the jurisdiction of
the merit board under Ordinance 80-47
(Ordinance Code Articles 33-3.5 through
33-3.15), effective July 1, 1981. (Ords. 81-70
~ 3,81-33).
Article 33-7.5 Compensation
33-7.503 Merit board members. (a)
Stipends. Each merit board member shall be
paid for such services seventy-five dollars per
meeting, but not more than twenty-four meet-
ings (eighteen hundred dollars) per calendar
year.
(Contra Costa County 4-82)
(b) Expenses. Each merit board member shall
also be reimbursed for mileage and other
expenses actually, reasonably and necessarily in-
curred in the discharge of such duties, as
provided by resolution of the board of super-
visors. (Ords. 80-70 ~ 3, 81-37: former ~
32-4.208).
Division 38
RETIREMENT
Chapters:
38-2 System
38-4 Miscellaneous Provisions
Chapter 38-2
SYSTEM
Sections:
38-2.002
Established.
38-2.002 Established. The Contra Costa_c
County employees' retirement system became
operative on July 1, 1945, having been
established pursuant to the County Employees'
Retirement Law of 1937 (Chapter 3 of Part 3 of
Division 4 of Title 3 of the Government Code,
beginning with Section 31450) by Ordinance
326 passed on March 6, 1944, and adopted by
the electorate on November 7, 1944. (Ord.
1573: prior code ~ 2465: Ord. 326).
Chapter 38-4
MISCELLANEOUS PROVISIONS
- Article 38-4.2 Adjustments
Sections:
38-4.202
Adjustments-Applicability of
Government Code provisions.
38-4.204 Adjustments-Cost of living.
Article 38-4.4 Partially Disabled Persons
Sections:
38-4.402
Partially disabled persons-
Applicability of Government
Code provisions.
46
MISCELLANEOUS PROVISIONS
Article 38-4.6 Service Credits
Sections:
38-4.602 Sick leave.
Article 38-4.2
Adjustments
38-4.202 Adjustments - Applicability of
Government Code provisions. The provisions of
Government Code Sections 31681.5 and
31739.3 (1961 Stats. Chapter 1120) shall be
applicable in this county on December I, 1961,
operative on retirement allowances paid for the
month of December, 1961. (Ord. 1573: prior
code ~ 2466).
38-4.204 Adjustments - Cost of living.
Pursuant to Government Code Section 31874,
the provisions of Sections 31870 ff., relating to
a cost of living adjustment in the county
46-1
38-4.202-38-4.204
(Contra Costa County 4-82)
MISCELLANEOUS PROVISIONS
employees' retirement system, are made
applicable in Contra Costa County on and after
April 1, 1964, an actuarial survey of the system
having heretofore been made by this county.
(Ord. 1788: prior code ~ 2467).
Article 384.4
Partially Disabled Persons
38-4.402 Partially disabled persons
Applicability of Government Code provisions.
The provisions of Government Code Section
31725.5 are made effective in this county.
The board of retirement shall implement
these provisions by suitable regulations, which it
may make applicable. to persons heretofore'
retired for disability. These regulations shall
include provision for a rehabilitation committee
consisting of:
(1) A member of the retirement board
designated by the board;
(2) The county administrator; and
(3) Director of personnel; or
(4) Their designees;
(5) For each employee's rehabilitation
program, the head of the department in which
the rehabilitation employment is proposed; and
(6) If requested by the employee involved, a
representative of the employee.
These regulations shall provide that each
proposed rehabilitation case shall be referred to
the board of supervisors for its discretionary
approval; but the appointing authority in each
rehabilitation case shall be the appointing
authority of the department to which the
position is allocated.
Necessary complementary merit system
regulations shall be adopted to implement this
program. (Ord. 67-37 ~ I, 1967: prior code ~
2468).
Article 384.6
Service Credits
38-4.602 Sick leave. Pursuant to
Government Code Section 31641.01, each
member of the retirement system shall be
credited with one day of service under Section
31641 for each one day of sick leave
accumulated as of the date of his retirement,
and this sick leave credit shall be in addition to
any other service credited under Section 31641.
(Ord. 73-55 ~ 1,1973).
47/73
384.402-384.602
(Contra Costa County 11-81)
CIVIL SERVICE COMMISSION
applicants justifies the restriction. Lists shall be
created and promotion made from them in the
same manner as for original appointment.
Whenever practicable, vacancies shall be filled by
promotion. An increase in salary, in and of
itself, shall not be deemed a promotion. (Ord.
73-44 S 2 (part), 1973).
32-4.670 Separations, demotions, general.
The regulations shall provide for separations of
employees from the service through layoff,
suspension or dismissal, and for demotions.
(Ord. 73-44 S 2 (part), 1973).
32-4.672 Layoffs. The regulations shall
provide that whenever in the judgment of the
board it becomes necessary in the interest of
economy or because the necessity for the
position involved no longer exists, the board
may abolish any position or employment in the
classified service and layoff the employee
holding that permanent position or
employment. The name of a permanent
employee so laid off shall be placed at the head
of the appropriate list or lists. (Ord. 73-44 S 2
(part), 1973).
32-4.674 Discipline procedure. The
regulations shall provide that any officer or
employee within the system may be suspended
not longer than thirty days, unless otherwise
ordered by the commission, demoted or
dismissed, only as provided in Government Code
Section 31108. (Ords. 74-76 S 1,73-44 S 2,
68-17 S 1,2043 S 1: prior code S 2414(v): Ord.
325 S 5[v]).
32-4.676 Leaves. The regulations shall
provide for leaves of absence not longer than
one year unless otherwise ordered by the
commission, for leaves of absence for incapacity
to perform required duties and for leaves of
absences when an employee may, in accordance
with the board's policy and with his appointing
authority's approval, use paid sick leave credits
and paid vacation credits. (Ord. 73-47 S I,
1973: Ord. 73-44 S 2 (part), 1973).
32-4.678 Military leave. The regulations
shall provide that an employee who leaves the
service of the county to enter the armed forces
48-1
32-4.670-32-4.678
(Contra Costa County 3-25-75)
CIVIL SERVICE COMMISSION
32-4.628 Disqualification. The regulations
shall provide for the rejection of applications of
eligibles who fail to comply with the reasonable
requirements of the commission as to residence,
sex or physical conditions, who have been guilty
of crime or infamous or disgraceful conduct or
who have attempted any deception or fraud in
connection with an examination. (Ord. 73-44 S
2 (part), 1973).
32-4.630 Special positions. The regulations
shall provide that where any position to be filled
is peculiar and specific to one office, the
commission shall confer with the head of the
office or the party designated by the head about
qualifications and type of examination to be
given, and the head of the office or his agent
may be present at any oral examination given
for the position. (Ord. 73-44 S 2 (part), 1973).
32-4.640 Eligible lists. The regulations shall
provide for the creation of eligible lists upon
which shall be entered the names of successful
applicants in the order of their standing in
examination. The commission may provide for
promotional lists and other eligible lists
certifying the names of eligibles with special
job-related qualifications, including but not
limited to incumbents of flexibly staffed,
reclassifiable or exempt manpower program
positions. These lists shall remain in force no
longer than two years, but while new lists are in
the process of creation, old lists may be
continued in use for an additional period not
exceeding six months. The commission in its
discretion may extend the period of eligibility of
any person who has served in the armed forces
of the United States for an additional period not
to exceed the length of time, during the life of
the eligible list, that the eligible was in that
service. (Ords. 75-20, 73-44 S 2, S 32-4.804(8):
prior code S 2414(h): Ord. 325 S 5(h)).
32-4.642 Certification priority. The
regulations shall provide for certification of
eligibles in the following order of priority:
promotional lists, eligible lists. (Ord. 73-44 S 2
(part), 1973).
32-4.644 Rule of three. The regulations
shall provide that department heads, boards or
officers possessing by virtue of law the power to
appoint shall select one of the three available
persons standing highest on the appropriatE'
eligible list. (Ord. 73-44 S 2 (part), 1973).
32-4.628-32-4.652
32-4.646 Temporary appointments. The
regulations shall provide for temporary
appointment of persons on suitable eligible lists
for a period not to exceed six months. The
acceptance or refusal to accept temporary
appointment shall not bar appointment to a
permanent position from the eligible list. (Ord.
73-44 S 2 (part), 1973).
32-4.648 Emergency appointments. The
regulations shall provide that, in cases of
emergency, temporary authorization may be
made without examination, with the consent of
the commission, after the eligible list has been
exhausted and pending examination; but no
temporary authorization shall continue longer
than ninety days, nor shall successive temporary
authorization be allowed. In emergency
situations arising in the highways and bridges
department, temporary appointments may be
made without reference to the eligible list. (Ord.
73-44 S 2 (part), 1973).
32-4.650 Probation period. The regulations
shall provide for a period of probation before
appointment or promotion is complete, during
which period the probationer may be rejected or
reduced without right of hearing. The period
shall not exceed six months, except that the
commission by a four-fifths vote of all its
members, on request of the appointing authority
and recommendation of the county
administrator, and upon finding that a longer
period is justified and improves the merit
system, may prescribe a different period not
over two years for certain classes. (Ords. 75-17,
73-44 S 2: S 32-4.804(12): Ord. 68-17: prior
code S 2414(1): Ord. 325 S 5(1)).
32-4.652 Rejected probationers. The
regulations shall provide that an employee
rejected during the probationary period from a
position to which he had been promoted shall be
reinstated to the position from which he was
promoted. Any employee in the classified
service who is promoted or transferred to a
position not included in the classified service
sMll be reinstated inthe position from which he
was promoted or transferred if within six
months after the promotion or transfer action is
taken to dismiss him; however, in either of the
cases provided for in this section, the employee
may be discharg;ed from the position in the
49
(Contra Costa County 7-80)
324.660-324.682
PERSONNEL
classified service from which he was promoted
or transferred in the manner provided in this
division and in the regulation established under
this division for discharge from positions in the
classified service. (Ord. 7344 S 2 (part), 1973).
324.660 Transfers and reinstatements. The
regulations shall provide for transfer from one
position to a similar position in the same class,
and for reinstatement within one year of persons
who have resigned or who without fault or
delinquency on their part are separated from the
service or reduced. (Ord. 7344 S 2 (part),
1973).
324.662 Promotions. The regulations shall
provide for promotion based on competitive
examination and records of efficiency,
character, conduct and seniority. The
commission shall allow a uniform credit or
percentage to be added to the rating for length
of service. The commission in its discretion may
restrict applications for promotional
examinations to persons who are already in the
system when the number or experience of such
applicants justifies the restriction. Lists shall be
created and promotion made from them in the
same manner as for original appointment.
Whenever practicable, vacancies shall be filled by
promotion. An increase in salary, in and of
itself, shall not be deemed a promotion. (Ord.
73-44 S 2 (part), 1973).
32-4.670 Separations, demotions, general.
The regulations shall provide for separations of
employees from the service through layoff,
suspension or dismissal, and for demotions.
(Ord. 73-44 S 2 (part), 1973).
32-4.672 Layoffs. The regulations shall
provide that whenever in the judgment of the
board it becomes necessary in the interest of
economy or because the necessity for the
position involved no longer exists, the board
may abolish any position or employment in the
classified service and layoff the employee
holding that permanent position or
employment. The name of a permanent
employee so laid off shall be placed at the head
of the appropriate list or lists. (Ord. 73-44 S 2
(part), 1973).
(Contra Costa County 7-80) 50
32-4.674 Discipline procedure. The
regulations shall provide that any officer or
employee within the system may be suspended
not longer than thirty days, unless otherwise
ordered by the commission, demoted or
. dismissed, only as provided in Government Code
Section 31108. (Ords. 74-76 S 1, 7344 S 2,
68-17 S 1,2043 S 1: prior code S 2414(v): Ord.
325 S 5(v)).
32-4.676 Leaves. The regulations shall
provide for leaves of absence not longer than
one year unless otherwise ordered by the
commission, for leaves of absence for incapacity
to perform required duties and for leaves of
absence when an employee may, in accordance
with the board's policy and with his appointing
authority's approval, use paid sick leave credits
and paid vacation credits. (Ord. 7347 S I,
1973: Ord. 73-44 S 2 (part), 1973).
32-4.678 Military leave. The regulations
shall provide that an employee who leaves the
service of the county to enter the armed forces
of the United States during emergency or war
shall be on leave until ninety days after
termination of his service and shall be returned
to the position and status held by him at the
time of his induction or enlistment upon his
application to the commission before expiration
of his leave of absence. (Ord. 73-44 ~ 2 (part),
1973).
32-4.680 Recommend pay rates. The
regulations shall provide for recommendation of
rates of pay for each classification of position,
pursuant to procedures established by the board.
(Ord. 73-44 ~ 2 (part), 1973).
324.682 Fixed-term deputy district at-
torney. The regulations may provide for deputy
district attorney entry level classification to
which persons may be appointed for fixed terms
not to exceed two years and without reappoint-
ments, subject nevertheless to civil service ordi-
nances, and regulations of the commission, in-
cluding probationary requirements. (Ord.
79-128).
Article 32-4.8
Subpoenas and Oaths*
32-4.802 Subpoena power. Pursuant to
Government Code Section 31110.2, the
commission is granted the following powers:
(1) To issue subpoenas and subpoenas duces
tecum;
(2) To compensate persons subpoenaed; and
(3) To adopt regulations governing the
payment of reasonable fees and expenses to
persons subpoenaed, whether subpoenaed by the
commission or by any party to a commission
proceeding. (Ord. 73-44 ~ 2 (part), 1973).
32-4.804 Extent and form. (a) Extent.
These subpoena powers shall extend only to
matters within the commission's lawful
jurisdiction. Committees of the commission shall
not have subpoena powers.
(b) Form. Subpoenas shall be signed by the
commission's president or secretary. The
commission shall elect a vice-president who shall
perform this function in the president's absence
or unavailability. The director of personnel shall
act as se'cretary of the commission for this
purpose, and his chief subordinate in his
absence. (Ord. 73-44 ~ 2 (part), 1973).
32-4.806 Oaths. Any commissioner, or any
person otherwise so empowered, may administer
oaths to, or take affirmations from, witnesses
before the commission. (Ord. 73-44 ~ 2 (part),
1973).
32-4.808 Enforcement. Except as herein
provided, these subpoena powers shall be
exercised and enforced in the same manner as is
allowed to the board in Article 9 (commencing
with Section 25170) of Chapter 1 of Part 2 of
Division 2 of Title 3 of the Government Code.
(Ord. 73-44 ~ 2 (part), 1973).
Article 32-4.1 0
Staff and Funding
32-4.1002 Personnel director. (a) The.
county administrator, with the board's approval,
shall appoint an assistant county administrator
in the competitive class, who shall serve as
*For the provisions regarding the subpoena power of the com-
mission, see Gov. C. ~ 31110.2.
EXAMINATIONS
324.802-32-6.004
director of personnel and act as the
commission's secretary.
(b) The board shall fix his salary.
(c) The county administrator, with the
board's approval, may delegate to this assistant
any or all of his duties relating to personnel
administration. (Ord. 73-44 ~ 2 (part), 1973).
32-4.1004 Other staff and funding. The
board shall, as necessary, assign additional staff
and appropriate funds to carry out the
provisions of this division. (Ord. 73-44 ~ 2
(part), 1973).
Chapter 32-6
EXAMINATIONS *
Sections:
32-6.002
Suspension for certain
positions.
Procedure.
32-6.004
32-6.002 Suspension for certain positions.
Whenever the commission determines by a
four-fifths' vote of its members that use of the
competitive examination process to fill one or
more vacancies is impractical, it may suspend
competition and authorize direct appointments
thereto; but it shall annually report these
instances to the board, giving its reasons
therefor. (Ord. 76-52: prior code S 2416: Ords.
508, 257).
32-6.004 Procedure. All examinations shall
be impartial and shall deal with the duties and
requirements of the position to be filled. When
oral tests are used, a record of the examination,
showing the basis of rating, shall be made. The
board of supervisors at the request of the civil
service commission may contract with the
legislative body in any other city or county,
with any state department or with any
competent person or agency for the conducting
of competitive examinations to ascertain the
fitness of applicants for employment and for the
performance of any other service in connection
with personnel selection and administration. The
commission may call on persons connected with
the county service to draw up, conduct or mark
*For the statutory provisions regarding qualifications, see Gov.
C. ~ 31107 and ~ 24001; for the provisions regarding competi-
tive examinations, see Gov. C. ~~ 31114 and 31115.
50a
(Contra Costa County 7-80)
34-2.002-34-2.006
PERSONNEL
examinations, and it shall be deemed a part of
the official duties of these persons to act as
examiners without extra compensation. (Prior
code ~ 2417: Ord. 325).
Chapters:
34-2
34-4
34-6
34-8
34-10
34-12
34-14
34-16
34-18
34-20
34-22
34-24
34- 26
34- 28
Sections:
34-2.002
34-2.004
34-2.006
Division 34
EMPLOYER. EMPLOYEE
RELATIONS*
General Provisions
Definitions
Employee Rights
County Rights and Representatives
Informal Recognition Procedure
Formal Recognition Procedure
Representation Process
Impasse Procedures
Employees Meeting on County Time
Use of County Facilities
Unfair Practices
Sanctions
Dues Deduction
Grievance Procedure
Chapter 34-2
GENERAL PROVISIONS
Title.
Purpose.
Construction.
34-2.002 Title. This division shall be known
as the "employer-employee relations ordinance
of the county of Contra Costa." (Ord. 70-17 ~ 1
(part), 1970).
34-2.004 Purpose.** (a) The purposes of
this division are to:
(I) Establish formal policies, rules and
procedures to provide for the orderly and
systematic presentation, consideration and
resolution of employer-employee relations
matters;
(2) Promote the. improvement of personnel
management and relations between the county
and its employees; and
(3) Protect the public by assuring, at all
times, the orderly and uninterrupted operation
and services of county government.
(b) These provisions are intended to
supplement and implement, and not to conflict
with, the provisions of existing state law as
expressed in Government Code Sections 3500
through 3509. (Ord. 70-17 ~ 1 (part), 1970).
34-2.006 Construction. * (a) Nothing in
this division shall be construed to deny any
person or employee the rights granted by federal
and state laws.
(b) The rights, powers and authority of the
board in all matters, including the right to
maintain any legal action, shall not be modified
or restricted by this division.
(c). Nothing in this division shall be construed
to modify Government Code Section 3509.
(d) Amendments to this division are subject
to consideration as provided in Government
Code Section 3507. (Ord. 70-17 ~ 1 (part),
1970).
*For the statutory provisions regarding relations between pub-
lic employers and public employee organizations, see Gov. C.
S 3500 ff.,; for the authority to adopt reasonable rules and
regulations for the administration of employer-employee rela-
tions, see Gov. C. S 3507; for the provisions regarding em-
ployee association dues, see Gov. C. S 1157.1 ff. *See Gov. C. S 3500 ff., 3507.
**See Gov. C. S 3500.
(Contra Costa County 7-80) SOb
Article 32-4.8
Subpoenas and Oaths*
32-4.802 Subpoena power. Pursuant to
Government Code Section 31110.2, the
commission is granted the following powers:
(1) To issue subpoenas and subpoenas duces
tecum;
(2) To compensate persons subpoenaed; and
(3) To adopt regulations governing the
payment of reasonable fees and expenses to
persons subpoenaed, whether sJ;1bpoenaed by the
commission or by any party to a commission
proceeding. (ord. 73-44 ~ 2 (part), 1973).
32-4.804 Extent and form. (a) Extent.
These subpoena powers shall extend only to
matters within the commission's lawful
jurisdiction. Committees of the commission shall
not have subpoena powers.
(b) Form. Subpoenas shall be signed by the
commission's president or secretary. The
commission shall elect a vice-president who shall
perform this function in the president's absence
or unavailability. The director of personnel shall
act as secretary of the commission for this
purpose, and his chief subordinate in his
absence. (ord. 73-44 ~ 2 (part), 1973).
32-4.806 Oaths. Any commissioner, or any
person otherwise so empowered, may administer
oaths to, or take affirmations from, witnesses
before the commission. (ord. 73-44 ~ 2 (part),
1973).
32-4.808 Enforcement. Except as herein
provided, these subpoena powers shall be
exercised and enforced in the same manner as is
allowed to the board in Article 9. (commencing
with Section 25170) of Chapter 1 of Part 2 of
Division 2 of Title 3 of the Government Code.
(ord. 73-44 ~ 2 (part), 1973).
Article 32-4.10
Staff and Funding
32-4.1002 Personnel director. (a) The
county administrator, with the board's approval,
shall appoint an assistant county administrator
in the competitive class, who shall serve as
*For the provisions regarding the subpoena power of the com-
mission, see Gov. C. ~ 31110.2.
EXAMINATIONS
324.802-32-6.004
director of personnel and act as the
commission's secretary.
(b) The board shall fix his salary .
(c) The county administrator, with the
board's approval, may delegate to this assistant
any or all of his duties relating to personnel
administration. (ord. 7344 ~ 2 (part), 1973).
32-4.1004 Other staff and funding. The
board shall, as necessary, assign additional staff
and appropriate funds to carry out the
provisions of this division. (ord. 73-44 ~ 2
(part), 1973).
Chapter 32-6
EXAMINATIONS *
Sections:
32-6.002
Suspension for certain
positions.
Procedure.
32-6.004
32-6.002 Suspension for certain positions.
Whenever the commission determines by a
four-fifths' vote of its members that use of the
competitive examination process to fill one or
more vacancies is impractical, it may suspend
competition and authorize direct appointments
thereto; but it shall annually report these
instances to the board, giving its reasons
therefor. Card. 76-52: prior code ~ 2416: ords.
508, 257).
32-6.004 Procedure. All examinations shall
be impartial and shall deal with the duties and
requirements of the position to be filled. When
oral tests are used, a record of the examination,
showing the basis of rating, shall be made. The
board of supervisors at the request of the civil
service commission may contract with the
legislative body in any other city or county,
with any state department or with any
competent person or agency for the conducting
of competitive examinations to ascertain the
fitness of applicants for employment and for the
performance of any other service in connection
with personnel selection and administration. The
commission may call on persons connected with
the county service to draw up, conduct or mark
*For the statutory provisions regarding qualifications, see Gov.
C. ~ 31107 and ~ 24001; for the provisions regarding competi-
tive examinations, see Gov. C. ~~ 31114 and 31115.
50a
(Contra Costa Co unty 7-80)
34-2.002-34-2.006
PERSONNEL
examinations, and it shall be deemed a part of
the official duties of these persons to act as
examiners without extra compensation. (Prior
code ~ 2417: Ord. 325).
Division 34
EMPLOYER-EMPLOYEE
RELATIONS*
Chapters:
34-2
34-4
34-6
34-8
34-10
34-12
34-14
34-16
34-18
34- 20
34- 22
34-24
34- 26
34- 28
General Provisions
Definitions
Employee Rights
County Rights and Representatives
Informal Recognition Procedure
Formal Recognition Procedure
Representation Process
Impasse Procedures
Employees Meeting on County Time
Use of County Facilities
Unfair Practices
Sanctions
Dues Deduction
Grievance Procedure
Chapter. 34-2
GENERAL PROVISIONS
Sections:
34-2.002
34-2.004
34-2.006
Title.
Purpose. .
Construction.
34-2.002 Title. This division shall be known
as the "employer-employee relations ordinance
of the county of Contra Costa." (Ord. 70-17 ~ 1
(part), 1970).
34-2.004 Purpose.** (a) The purposes of
this division are to:
(1) Establish formal policies, rules and
procedures to provide for the orderly and
systematic presentation, consideration and
resolution of employer-employee relations
matters;
(2) Promote the improvement of personnel
management and relations between the county
and its employees; and
(3) Protect the public by assuring, at all
times, the orderly and uninterrupted operation
and services of county government.
(b) These provisions are in tended to
supplement and implement, and not to conflict
with, the provisions of existing state law as
expressed in Government Code Sections 3500
through 3509. (Ord. 70-17 g 1 (part), 1970).
34-2.006 Construction. * (a) Nothing in
this division shall be construed to deny any
person or employee the rights granted by federal
and state laws.
(b) The rights, powers and authority of the
board in all matters, including the right to
maintain any legal action, shall not be modified
or restricted by this division.
(c) Nothing in this division shall be construed
to modify Government Code Section 3509.
(d) Amendments to this division are subject
to consideration as provided in Government
Code Section 3507. (Ord. 70-17 g 1 (part),
1970).
*For the statutory provisions regarding relations between pub-
lic employers and public employee organizations, see Gov. C.
~ 3500 ff.,; for the authority to adopt reasonable rules and
regulations for the administration ofemployer~mployee rela-
tions, see Gov. C. ~ 3507; for the provisions regarding em-
ployee association dues, see Gov. C. ~ 1157.1 ff. *See Gov. C. ~ 3500 ff., 3507.
**See Gov. C. ~ 3500.
(Contra Costa County 7-80) 50b
Sections:
34-4.002
34-4.004
34-4.006
34-4.008
34-4.010
34-4.012
. 34-4.014
34-4.016
34-4.018
34-4.020
34-4.022
34-4.024
34-4.026
34-4.028
34-4.030
34-4.032
34-4.034
34-4.036
34-4.038
34-4.040
34-4.042
34-4.044
34-4.046
34-4.048
34-4.050
Chapter. 34-4
DEFINITIONS
Board.
Confidential employee.
Consult or consultation.
Co un ty.
Days.
Department head.
Dues deduction.
Employee.
Employee organization.
Employee relations officer.
Fact-finding.
Grievance.
Impasse.
Majority representative.
Management employee.
Management representative.
Mediation.
To meet and confer in good
faith.
Proof of employee approval.
Professional employees.
Recognized employee
organization.
Representation unit.
Represen ta tive.
Scope of representation.
Supervisory authority.
34-4.002 Board. Unless otherwise specially
provided or required by the context, the
following terms have the indicated meanings set
forth in this chapter.
"Board" means the board of supervisors of
the county. (Ord. 70-17 @ 1 (part), 1970).
34-4.004 Confidential employee. *
"Confidential employee" means an employee
who is privy to decisions of county management
affecting employer-employee relations. Once
each year the employee relations officer shall
issue a complete list of confidential employees,
not exceeding three percent of all allocated
positions. (Ord. 70-17 @ 1 (part), 1970).
34-4.006 Consult or consultation. **
"Consult or consultation" means oral or written
*See Gov. C. @ 3507.5.
**Scc Gov. C. @ 3507.
DEFINITIONS
34-4.002-34-4.018
communication for the purpose of presenting or
obtaining views or advising of intended actions.
(Ord. 70-17 @ 1 (part), 1970).
34-4.008 County.* "County" means the
county of Contra Costa, the Contra Costa
County flood control and water conservation
district, and fire protection and other special
districts governed by the board. (Ord. 70-17 S 1
(part), 1970).
34-4.010 Days. "Days" means calendar
days. (Ord. 70-17 @ 1 (part), 1970).
34-4.012 Department head.**
"Departmen t head" means the chief
administrative official of a county department
either elected or duly appointed as provided by
law, or the chief administrative official of the
Contra Costa County flood control and water
conservation district or a fire protection district
or other special districts as provided in Section
34-4.008. (Ord. 70-17 @ 1 (part), 1970).
34-4.014 Dues deduction.*** "Dues
. deduction" means deduction of employee
organization membership dues from pay checks
of employees with permanent or probationary
status pursuant to Chapter 34-26. (Ord. 70-17@
1 (part), 1970).
34-4.016 Employee. **** "Employee"
means any person employed by the county in an
allocated position in the county service, except
those persons elected by popular vote. For the
purpose of this division only, "employee" also
includes physicians and dentists contracting with
the county for their services. (Ord. 73-59 @ I,
1973: Ord. 70-17 @l (part), 1970).
34-4.018 Employee organization.
"Employee organization" means an organization
which includes employees of the county and
which has as one of its primary purposes
represen ting such employees in their
employment relations with the county. (Ord.
70-17 @ 1 (part), 1970).
*See Gov. C. @ 350l(c).
**See Gov. C. @ 3501(d).
***See Gov. C. @ 1157-lff.
****See Gov. C. @ 3501(a).
50-1
(Contra Costa County 9-15-73)
34-4.020-34-4.032
PERSONNEL
34-4.020 Empioyee relations officer. *
"Employee relations officer" means the county
administrator. (Ord. 70-1 7 ~ 1 (part), 1970).
34-4.022 Fact-finding. "Fact-finding"
means the investigation of an issue by an
impartial individual(s) for the purpose of
describing the issues in dispute and stating the
facts and tHe positions of the parties. (Ord.
70-17 ~ 1 (part), 1970).
34-4.024 Grievance. "Grievance" means any
real or imagined dispute by one or more
employees concerning the interpretation or
application of policies, procedures or agreements
(including memorandums of understanding). on
matters within the scope of representation (as
defined in this chapter) or on the practical
consequences that decisions on these matters
may have upon an affected employee or
employees. (Ord. 73-32 @ 1, 1973: Ord.70-17~
1 (part), 1970).
34-4.026 Impasse. "Impasse" means a
deadlock in discussions between a. majority
representative and the county. on any matters
within the scope of representation, or on
whether a matter is within' the scope of
representation. (Ord. 70-17 ~ 1 (part), 1970).
34-4.028 Majority representative. "Majority
representative" means an employee organization
that has been granted formal recognition by the
board pursuant to Chapter 34-12. (Ord. 70-17 @
1 (part), 1970).
34-4.030 Management employee.**
"Management employee" means the county
administrator, assistant county
administrator-director of personnel, assistants to
the county administrator, department heads,
assistant department heads, heads and assistant
heads of departmental divisions, programs or
districts and employees exercising supervisory
authority. (Ord. 70-17 @ 1 (part), 1970).
34-4.032 Management representative.
"Management representative" means any
managemen t or confidential employee
designated by the employee relations officer to
participate in the process of meeting and
*See also 11 34-8.012 of this code.
**See Gov. C. 3507.5.
(Contra Costa County 9-15-73)
conferring in good faith with a majority
representative, or to consult with and inform a
recognized employee organization. (Ord. 70--17
@ 1 (part), 1970).
50~2
34-4.034 Mediation. * "Mediation" means
the efforts of an impartial th ird party,
functioning as an intermediary to assist the
parties in reaching a voluntary resolution of an
impasse through suggestion, advice, or other
ways of stimulating agreement. (Ord. 70-17 @ I,
(part), 1970).
344.036 To meet and confer in good
faith. ** "To meet and confer in good faith"
means the process through which representatives
of a majority representative and the employee
relations officer, a management representative,
or other representative of the county specifically
designated by the board are mutually obligated
to personally meet and confer on matters within
the scope of representation in order to exchange
freely information, opinions and proposals and
to endeavor to reach agreement on:
(1) Matters within their authority; or
(2) What they will jointly recommend to the
board on matters within the board's
decision-making authority. (Ord. 70-17 @ 1
(part), 1970).
344.038 Proof of employee approval.
"Proof of employee approval" means evidence
of employee approval to represent employees, to
establish a representation unit, or to become a
majority representative; which may be by:
(1) Filing a predetermined petition form with
signatures executed and dated within forty-five
. days before filing;
(2) Filing employee organization
authorization cards, with signatures executed
and dated within forty-five days before filing; or
(3) Payroll dues deduction evidence, certified
by the county auditor-controller, using the
monthly payroll immediately prior to the date
the request or petition is filed. (Ord. 70-17 @ 1
(part), 1970).
34-4.040 Professional employees.***
"Professional employees" means employees
engaged in work requiring specialized knowledge
and skills attained through completion of a
recognized course of instruction, including, but
not limited to, attorneys, physicians,
professional (registered) nurses, engineers,
architects, teachers, and various types of
*See Gov. C. ~ 3501(e).
**See Gov. C. ~ 3505.
***See Gov. C. ~ 3507.3.
DEFINITIONS
344;034-34-4.050
physical, chemical and biological scientists.
(Ord. 70-17 ~ I (part), 1970).
3 4 - 4 . 04 2 R e cog n i zed e m ploy ee
organization. * "Recognized employee
.organization" means an employee organization
which has been informally recognized by the
board pursuant to Chapter 34-10. (Ord. 70-17 @
1 (part), 1970).
34..4.044 Represen ta ti 0 n unit.
"Representation unit" means a group of
employees, deemed appropriate for
representation in the employer-employee
relations process, established pursuant to
Chapter 34-12. (Ord. 70-17 @l (part),_ 1970).
34-4.046 Representative. "Representative"
means a person with written designation and
authorization by a recognized employee
organization to represent it in dealing with the
county. (Ord. 70-17 @ 1 (part), 1970).
34-4.048 Scope of representation. **"Scope
of representation" means all matters relating to
employment conditions and employer-employee
relations, including but not limited to wages,
hours and other terms and conditions of
employment, but not including consideration of
the merits, necessity, or organization of any
service or activity provided by law or executive
order. (Ord. 70-17 ~ 1 (part), 1970);
34-4.050 Supervisory authority.
"Supervisory authority" means authority, in the
interest of the employer, to hire,transfer,
suspend, layoff, recall, promote, discharge,
assign, reward or discipline other employees, or
responsibly to direct them, or to adjust their
grievances or effectively to recommend such
action, if the exercise of such authority is not
merely routine or clerical in nature but calls for
the use of independent judgment. (Ord. 70-17 ~
1 (part), 1970).
**See Gov. C. ~ 3501(b).
**See Gov. C. ~ 3504.
51
34-6.002-34-8.012
Sections:
34-6.002
34-6.004
PERSONNEL
Chapter 34-6
EMPLOYEE RIGHTS
Designated.
Protections.
34-6.002 Designated. * Employees have the
right to form, join and participate in the
activities of employee organizations of their own
choosing for the purpose of representation on all
matters of employer-employee relations.
Employees also have the right to refuse to join
or participate in the activities of employee
organizations, and the right to represent
themselves individually in their employment
relations with the county. (Ord. 70-17 ~ 1
(part), 1970).
34-6.004 Protections. No person or agency,
governmental or private, shall interfere with,
intimidate, restrain, coerce or discriminate
against an employee because of his exercise of
these rights, which include the rights granted in
Government Code Sections 3502 and 3506.
(Ord. 70-17 ~ 1 (part), 1970).
Chapter 34-8
COUNTY RIGHTS AND
REPRESENTATIVES
Sections:
34-8.002
34-8.004
34-8.006
34-8.008
34-8.010
34-8.012
Management-Decisions.
Management direction.
Merit system.
Emergencies.
Management and confidential
employees.
Employee relations officer.
(3) Necessary to exercise control over county
government operations in the most efficient and
economical manner practicable and in the best
interest of all county citizens. (Ord. 70-17 ~ 1
(part), 1970).
34-8.004 Management direction. It is the
exclusive right of the county to direct its
employees including, but not limited to
directions:
( 1) Scheduling work, assigning work, or
ordering overtime;
(2) Classifying positions, establishing and
revising classification specifications; and/or
(3) Hiring, promoting, demoting,
transferring, laying-off, discharging and
disciplining employees. (Ord. 70-17 ~ 1 (part),
1970).
34-8.006 Merit system. It is the exclusive
right of the county to administer the merit
system as provided in Chapters 32-2 - 32-6.
(Ord. 70-17 ~ 1 (part), 1970).
34-8.008 Emergencies. It is the exclusive
right of the county to take whatever action may
be necessary in an emergency situation. (Ord.
70-17 ~ 1 (part), 1970).
34-8.010 Management and confidential
employees. * Management employees and
confidential employees, who choose to remain
or to become members of an employee
organization which includes as members
employees who are not management or
confidential employees, shall not serve as
representatives of such organization in relations
with county management and/or the board on
matters within the scope of representation, or in
a grievance procedure. (Ord. 70-17 ~ 1 (part),
1970).
34-8.002 Management - Decisions.** It is
the exclusive right of the county. to make all
decisions of a managerial or administrative
character including, but not limited to decisions:
(1) On the type, extent and standards of
services to be performed;
(2) On the methods, means and personnel by
which the county's operations and services are
to be conducted; and
*See Gov. C. ~~ 3502, 3503.
**See Gov. C. ~ 3504.
34-8.012 Employee relations officer. ** (a)
Designation: The county administrator is
designated as the employee relations officer for
the board of supervisors on employer-employee
relations matters. He shall be responsible for
administration of this division, and shall act as
the official county spokesman on
employer-employee relations.
(b) Delegation: He is authorized to delegate
these. functions anQnll.l:l1h.Oliti~~; and he may
*See Gov. C. ~ 3507.5.
**See also Ch. 24-4, this code.
52
INFORMAL RECOGNITION PROCEDURE
designate management representatives as he
deems necessary. (Ord. 70-17 ~ 1 (part), 1970).
Chapter 34-10
INFORMAL RECOGNITION
PROCEDURE
Sections:
34-10.002
34-10.004
34-10.006
34-10.008
34-10.010
34-1 0.012
Request.
Contents.
Recommendations of employee
relations officer.
Right to consult.
Present organizations.
Changed information.
34-10.002 Request. * Except employee
organizations heretofore granted payroll
deduction, an employee organization claiming to
represent employees of the county and seeking
recognition shall file a written request for
informal recognition with the board, which shall
be referred to the employee relations officer for
verification of the information required by
Section 34-10.004. (Ord. 70-17 ~ I (part),
1970).
34-10.004 Contents. ** The request shall
contain:
(1) The name, mailing address (and business
telephone number if any) of the organization;
(2) A statement whether the organization is a
chapter or local of, or affiliated directly or
indirectly in any manner with, any regional,
state, national, or internation~l organization,
and if so, the name and mailing address of each
such other organization;
(3) A list of the names and titles of officers
of the organization;
(4) A statement that the organization
includes employees of the county who are
members, with proof of employee approval
pursuant to Section 34-4.038 (2) and (3),
showing class title(s) and department(s) where
employed;
(5) A statement that one of the
organization's primary purposes is
representation of such employees in their
employer-employee relations with the county;
(6) Current copies of the organization's
*See Gov. C. ~ 3507.
**See Gov. C. ~~ 3503, 3507.
34-10.002-34-10.012
constitution and by-laws;
(7) The designation of two persons, and their
addresses, to whom notice; sent by regular
United States mail, will constitute notice; and
(8) A statement that the organization has no
restriction on membership based on race, color,
creed, national origin, sex, age or physical
impairment. (Ord. 70-17 ~ 1 (part), 1970).
34-10.006 Recommendations of employee
relations officer. After the employee relations
officer has verified that the employee
organization has complied with the requirements
in Section 34-10.004, he shall promptly
recommend that the board grant informal
recognition to the organization and the board
shall grant such recognition within fourteen
days. (Ord. 70-1 7 ~ 1 (part), 1970).
34-10.008 Right to consult. An employee
organization granted informal recognition shall
have the right to consult or consultation as
specified in Section 34-4.006. (Ord. 70-17 ~ 1
(part), 1970).
34-10.010 Present organizations. Employee
organizations presently on dues deduction shall,
if such data is needed by the employee relations
officer, furnish whichever of the above items is
not already on file with the county. (Ord. 70-17
~ 1 (part), 1970).
34-10.012 Changed information. A
recognized employee organization shall, on
request, furnish to the employee relations
officer, in writing, any material changes in the
facts submitted pursuant to this chapter. (Ord.
70-17 ~ 1 (part), 1970).
FORMAL RECOGNITION PROCEDURE
Chapter 34-12
Sections:
34-12.002
34-12.004
34-12.006
34-12.008
34-12.010
34-12.012
34-12.014
53
Petition.
Action of employee relations
officer.
Appropriateness of proposed
unit.
Unit determination.
Majority representation.
Election procedure.
Optional verification
procedure.
(Contra Costa County 7-80)
34-12.002-34-12.008
PERSONNEL
34-12.01 S Assignment of classes to
units.
34-12.016 Modification of representation
units.
34-12.018 Decertification procedure.
34-12.002 Petition.* An informally
recognized employee organization may request
formal recognition as a majority representative
by filing a written petition with the employee
relations officer with proof of employee
approval of at least thirty percent of the
employees in the proposed representation unit
which shall be clearly defined therein. (Ord.
70-17 ~ 1 (part), 1970).
34-12.004 Action of emplo yee relations
officer. On receipt of such a petition the
employee relations officer shall:
(1) Notify the board and recognized
employee organizations of the petition;
(2) Post public notice of the petition at
appropriate locations in county buildings; and
(3) Review the proposed unit to determine if
it is an appropriate one. (Ord. 70-17 ~ 1 (part),
1970").
34-12.006 Appropriateness of proposed
unit. ** (a) Chief Criterion: The employee
rela ti on s 0 ffi cer shall determine the
appropriateness of the proposed representation
unit by using as a principal criterion the largest
feasible grouping of classes, the employees of
which have a clear and identifiable community
of interest.
(b) Other Criteria: He shall also consider the
follow~g criteria, among others, in making this
determination:
(1) Which .unit will assure employees the
fullest freedom in the exercise of rights under
this division;
(2) The effect of the proposed unit on the
efficient operation of county services and sound
employer-employee relations, including
compatibility with the organizational structure
of the county;
(3) The history of employer-employee
relations in the proposed unit and among other
employees of the county, except that no unit
shall be established solely on the basis of the
extent to which employees in the proposed unit
*See Gov. C. 11 3507.
**See Gov. C. 1111 3507, 3507.3, 3508.
(Contra Costa County 7-80)
have organized;
(4) The extent to which employees have
common skills, working conditions, job duties or
similar education requirements;
(S) The effect of having a county
classification in more than one representation
unit;
(6) Professional employees shall not be
denied the right to be represented separately
from nonprofessional employees by a
professional employee organization;
(7) Peace officers, as designated in Penal
Code Section 830.1, may join or participate in
employee organizations which are composed
solely of such peace officers, which concern
themselves solely and exclusively with the
wages, hours, working conditions, welfare
programs and advancement of the academic and
vocational training in furtherance of the police
profession, and which are not subordinate to
any other organization; the board finding that
this provision is in the public interest. (Ord.
70-17 ~ 1 (part), 1970).
34-12.008 Unit determination.* (a)
Intervention: Any employee organization that is
recognized or has requested recognition may
intervene in the unit determination process if
within twenty-one days of posting of the notice
of the petition the organization furnishes to the
employee relations officer proof of employee
approval of thirty percent of the employees in the
proposed unit or proof of employee approval of
thirty percent of the employees in an alternative
unit which includes all or part of the employees
in the unit originally petitioned for.
(b) Review of Appropriateness of Unit: The
employee relations officer shall, within thirty
days after the period for intervention expires,
review the proposed unites) and make a
preliminary determination on the
appropriateness of the unites) including units
proposed by him.
(c) Meet and Confer: After the time for
review has expired, the employee relations
officer, petitioning employee organization and
intervening employee organization(s), if any,
shall meet and confer to see if agreement can be
obtained on the composition of an appropriate
representation unit. Unless otherwise agreed, the
period for meeting and conferring shall expire
sixty days after the period provided for in
subsection (b).
*See Gov. C. 11 3507.
S4
FORMAL RECOGNITION PROCEDURE
(d) Establishment Of Unit where Parties
Agree: When, after the meet and confer process,
the parties agree on the composition of the unit,
the employee relations officer shall recommend
that the board confirm the unit as a
representation unit.
(e) Establishment of Unit where Parties
Disagree: When, after the meet and confer
process, the parties cannot agree on the
composition of an. appropriate representation
unit, the matter shall be referred to an impartial
arbitrator for determination; or if all parties
consent, the matter shall be referred to the
board for determination.
(f) Arbitration: Within fourteen days after
the expiration of the meet and confer process,
the employee relations officer and employee
organization(s) shail try to select a mutually
acceptable arbitrator who agrees to serve. If the
parties cannot agree, a list of five arbitrators will
be obtained from the California State
Conciliation Service, American Arbitration
Association or some other source mutually
agreed upon, and each party (beginning by lot)
shall alternatively strike one name from the list
until one name remains, who shall be the
arbitrator if he agrees to serve. If he will not
serve, the process shall be repeated until an
arbitrator is found. If more than one employee
organization is participating in the unit
determination process, they, as a group, shall
strike one name from the list for each name
struck by the employee relations officer.
(g) Board Determination: If the matter is
referred to the board, it shall be referred for
determination based on the written
presentations and recommendations of the
parties; provided that the board, if it wishes,
may order the presentation of oral testimony
and/or oral argument to supplement the written
presentations and recommendations of the
parties.
(h) Costs: The fees of the arbitrator
(including any per diem expenses, travel and
subsistence expenses), the cost of any hearing
room and the cost of preparing the transcript of
the hearing, if any, for the arbitrator shall be
borne half by the county and half by the
employee organizations participating in the
determination of the unit. All other costs and
expenses shall be borne by the party incurring
them.
(i) Criteria: The primary test for determining
the appropriateness of a representation unit shall
34~ 12.010-34-12.014
be the criteria found in Section 34-12.006, but
the board or arbitrator may consider such other
relevant matter as is presented by the parties.
(Ords. 78-71 ~ 1, 73-32 ~ 2, 70-17 ~ 1; prior
code ~ 34-7.1108: see Gov. Code ~~ 3507,
3507.1 cp ~3505.2).
34-12.010 Majority representation. * After
the representation unit has been determined, the
county shall ascertain if a majority
representative exists among the employees in the
unit, by election or by verification procedures.
(Ord. 70-1 7 ~ 1 (part), 1970).
34-12.012 Election procedure.* (a) The
employee relations officer shall arrange for a
secret ballot election.
(b) In an election the name of the petitioning
organization and the name(s) of any recognized
employee organization(s), which within
twenty-one days of. the establishment of the
representation unit submit proof of employee
approval of at least thirty percent of the
employees in the unit, shall appear on the ballot
together with the choice of "No Organization."
(c) The election will be conducted by a
neutral party. Employees entitled to vote will be
those in the representation unit who are
. employed in allocated positions and who were
employed in those positions on the first of the
month preceding the date of the secret ballot
election.
(d) A majority representative will be selected
by a majority of the valid ballots cast if fifty
percent of the eligible employees vote in the
election.
(e) If none of the choices on the ballot is
.selected as majority representative, a runoff
election shall be conducted between the two
choices receiving the largest number of votes,
one of which may be "No Organization," and a
majority representative selected if the criteria in
subsection (d) are met.
(f) The employee relations officer shall
report the results of any secret ballot election to
the board; and, if an organization has been
selected as majority representative, the board
shall acknowledge its formal recognition thereof
within fourteen days. (Ords. 7 8-71 ~ 2, 73-72 ~
3, 70-17 ~ 1; prior code ~ 34-7.1112: see Gov.
Code ~ 3507).
34-12.014 Optional verification procedure.*
Instead of the election procedure, the employee
*See Gov. C. S 3507.
55
(Contra Costa County 7-80)
34-12.015-34-12.018
PERSONNEL
relations officer may ascertain that a majority
representative exists among the employees in the
unit by verification of payroll dues deduction
cards which substantiate that an organization
has proof of employee approval of at least
fifty-one percent of the employees in the unit,
in which case the board may formally recognize
that organization within twenty-one days of the
verification. (Ord. 70-17 ~ I (part), 1970).
34-12.015 Assignment of classes to units.
(a) Initial Determination: When a new class
title is established, the employee relations of-
ficer shall review the composition of existing
representation units to determine the appro-
priateness of including some or all of the
employees in the new class in one or more exist-
ing representation units, and within a reasonable
period of time shall notify all recognized em-
ployee organizations of his determination.
(b) Final Determination: His determination is
fmal unless within ten days after notification a
recognized employee organization requests in
writing to meet and confer thereon.
(c) Meet and Confer and Other Steps: He
shall meet and confer with such requesting
organizations (and with other recognized em-
ployee organizations where appropriate) to seek
agreement on this matter within sixty days after
the ten-day period in subsection (b), unless
otherwise mutually agreed. Thereafter, the pro-
cedures in cases of agreement and disagreement,
arbitration referral and expenses, and criteria for
determination shall conform to those in subsec-
tions (d) through (i) of Section 34-12.008.
(d) Assignment of CETA Classifications:
CETA (U.S. Comprehensive Employment Train-
ing Act) classifications established before July 1,
1979, shall be assigned to a representation unit
when:
(1) He determines that the classification is
appropriate for the representation unit as pre-
scribed in Section 34-12.006; and
(2) More than fifty percent of the incum-
bents in that classiifcation submit to him
evidence of membership in the recognized em-
ployee organization representing the representa-
tion unit. (Ord. 79-102, 73-32 ~ 4: see Gov. C.
~~ 3507,3507.1, cpo ~ 3505.2).
(Contra Costa County 7-80)
34-12.016 Modification of representation
units.* If a representation unit has been
established, that representation unit shall not be
contested for twelve months from the most
recent date of determination. Thereafter,
another recognized employee organiz2.tion may
file a petition during the month of October for
modification of the representation unit and
formal recognition, by submitting proof of
employee approval of at least thirty percent of
the employees in the proposed modified unit.
The same unit determination and election
procedures shall be followed as for the initial
establishment of a representation unit and
determination of a majority representative,
except that the effective date of modification of
an established representation unit shall occur on
July I st after approval for modification;
provided, however, the board by resolution
approving a memorandum of understanding
modify any of the foregoing provisions. (Ords.
77-73 ~ I, 70-17 ~ I (part), 1970).
34-12.018 Decertification procedure.** The
status of an organization as majority
representative may be contested by employees
of the unit after twelve months have elapsed
from the most recent date of formal recognition
by submission ofa petition during the month of
October with proof of employee approval of at
least thirty percent of the employees in the
representation unit. The majority representative
shall be decertified if the results of a secret
ballot election show that employees of the unit
no longer desire representation by that
organization, as indicated by the vote of "No
Organization," or another recognized
organization, as specified in the voting criteria
cited in Section 34-12.0 12(d). Decertification of
a majority representative shall not negate the
term of an existing memorandum of
understanding between the county and that
organization; provided, however, the board by
resolution approving a memorandum of
understanding modify any of the foregoing
provisions. (Ord. 77-73 ~ 2, 1977: 70-17 ~ I
(part), 1970).
*See Gov. c. ~ 3507.
**See Gov. C. ~ 3507.
56
REPRESENTATION PROCESS
Chapter 34-14
Sections:
34-14.002
34-14.004
34-14.006
34-14.008
34-14.010
Timetable for requests.
Notice.
Meet to confer-Memorandum
of understanding.
Other consultation.
Meet and confer on layoffs.
34-14.002 Timetable for requests.**
Requests from recognized employee
organizations for changes in salaries, wages,
fringe benefits and other like terms and
conditions of employment for employees
generally shall be submitted to the employee
relations officer, during a specified period
determined annually by the board after
REPRESENTATION PROCESS
56-1
34-14.002
(Contra Costa County 7-80)
consultation between the employee relations
officer and recognized employee organizations,
so that proposals can be properly considered
before the proposed county budget is submitted
to the board. (Ord. 70-17 ~ 1 (part), 1970).
34-14.004 Notice. * (a) . Right: Recognized
employee organizations shall, except in cases of
emergency, have the right to reasonable notice
of any ordinance, rule, resolution or regulation
directly relating .to matters within the scope of
representation proposed to be. adopted by the
board, or boards and commissions designated by
the board, and to meet with the body
considering the matter.
(b) Notice: The listing of an item on a public
agenda in a reasonably descriptive way, or the
mailing of a copy of a proposal at least
seventy-two hours before the item will be heard,
or the delivery of a copy of the proposal at least
twenty-four hours before the item will be heard,
shall constitute notice.
(c) Emergency: In cases of emergency when
the board, or boards and commissions
designated by the board, determines that it must
act immediately without such notice or meeting,
it shall give such notice and opportunity to meet
as soon as practicable after its action. (Ord.
70-17 S 1 (part), 1970).
34-14.006 Meet to confer - Memorandum
of understanding. ** Majority representative(s)
shall be entitled to meet and confer in good
faith for employees in their representation units.
If agreement is reached, a memorandum of
understanding shall be prepared and signed by
the employee relations officer and by .an
authorized representative(s) of the majority
representative(s) and then submitted jointly to
the board for final action. (Ord. 70-17 S I
(part), 1970).
34-14.008 Other consultation. *** This
process shall not preclude other recognized
employee organizations or individuals from
consulting with a management representative on
the same matters, but any action taken by a
management representative shall not be
inconsistent with terms of any memorandum of
understanding covering such employees. (Ord.
70-17 S 1 (part), 1970).
*See Gov. C. !l 3504.5.
**See Gov. C. !l!l 3505, 3505.l.
** *See Gov. C. 3502,3507.
IMPASSE PROCEDURES
34-l4.004-34~ 16.008
34-14.010 Meet and confer on layoffs.
When it appears to the department head and/or
employee relations officer that the board may
take action which will result in the layoff of
employees in a representation unit, the
employee relations officer shall notify the
majority representative of the possibility of such
layoffs and shall meet and confer with it
regarding the implementation of the action.
(Ord. 73-32 S 5, 1973).
Chapter 34-16,
IMPASSE PROCEDURES
Sections:
34-16.002
34-16.003
34-16.006
34-16.008
34-16.010
34-16.012
34-16.014
34-16.016
34-16.018
. 34-16.020
Last resort.
Mediation.
Privacy.
Fact finding.
Selection.
Instructions.
Confidentiality.
Meeting and conferring.
Submission to board;
Cost.
34-16.002 Last resort. Impasse procedures
shall be used only when all other attempts at
reaching an agreement through meeting and
conferring in good faith have been unsuccessful.
(Ord. 70-17 S 1 (part), 1970).
34-16.004 Mediation.* When an impasse has
been reached, the parties may mutually agree to
request the assistance of a mediator from the
California State Conciliation Service or any
other source mutually agreed upon. (Ord. 70-17
~ 1 (part), 1970).
34-16.006 Privacy. * All mediation shall be
private. The mediator shall make no public
recommendations nor take any public position
concerning the issues.(Ord~ 70-17 S 1 (part).
1970).
34-16.008 Fact finding. If an impasse
continues after mediation, the parties may
mutually agree to request the assistance of a
fact-finder or fact-finding board of not more
*See Gov. C. !l 3505.2.
57
(Contra Costa County 9-15-73)
34-16.010-34-18.004
PERSONNEL
than three members. (Ord. 70-17 ~ 1 (part),
1970).
34-16.010 Selection. (a) Single Fact-Finder:
A single fact-finder shall be selected by mutual
agreement of the parties. If the parties cannot
agree, a list of seven fact-finders shall be
obtained from the California State Conciliation
Service, the American Arbitration Association or
some other source mutually agreed upon by the
parties, and each party (beginning by lot) shall
alternatively strike one name from the list until
only one name remains.
(b) Three-Man Board: When a three-man
fact-finding board is desired, each party shall
select one member and these two shall then
select the third board member who will be the
chairman. (Ord. 70-17 ~.. 1 (part), 1970).
34-16.012 Instructions. The parties shall
instruct the fact-finder on the specific facts they
want ascertained and the specific issues on
which they want his report. (Ord. 70-17 ~ 1
(part), 1970).
34-16.014 Confidentiality. The fact-finder's
findings and report shall be confidential,
initially, and shall be submitted directly to the
parties concerned. (Ord. 70-1 7~ 1 (part), 1970).
34-16.016 Meeting and conferring. The
parties shall attempt to reach an agreemen t by
meeting and conferring in good faith on the
basis of the fact-finder's findings and report.
(Ord. 70-17 ~ 1 (part), 1970).
34-16.018 Submission to board. If the
parties have not reached an agreement after
seven days or a mutually agreed later date, they
shall submit their positions on the unresolved
issues, with a copy of the fact-finder's findings
and report, to the board for determination.
(Ord. 7CH 7 ~ 1 (part), 1970).
34-16.020 Cost. The cost of mediation and
fact-finding proceedings shall be divided one-half
to the county and one-half to the majority
representative(s). (Ord. 70-17 ~ 1 (part), 1970).
(Contra Costa County 9.15-73)
Chapter 34-18
EMPLOYEES MEETING ON
COUNTY TIME
Sections:
34-18.002
34-18.004
Employees.
Organization representatives.
34-1 8.002 Employees. * As heretofore
authorized, county employees shall be allowed
to attend meetings held by county agencies
during regular working hours on county time:
(1) If their attendance is required at a
specific meeting;
(2) If their attendance is sought by the
hearing officer for presentation of testimony or
other reasons;
(3) For meetings required for settlement of
grievances filed pursuant to the county grievance
policy;
(4) If they are designated as a union shop
steward or member representative, in which case
they may utilize a reasonable time at each level
of the proceedings. to assist an employee in
processing a grievance;
(5) If they are designated as spokesman or
representative of a recognized organization, in
which case they make representations or
presentations at meetings or hearings on wages,
salaries and working conditions; provided in
each case (except legally required attendance)
that advance arrangements for time away from
the employee's work station or assignment are
made with department head, and that the
county agency calling the meeting isresponsible
for determining that the attendance of particular
employee(s) is required. (Ord. 70-17 ~1 (part),
1970).
34-18.004 Organization representatives. * In
addition, official representatives of a recognized
employee organization(s) shall be allowed time
off on county time for meetings during regular
working hours when formally meeting and
conferring in good faith or consulting with the
employee relations officer or other management
representative(s) on matters within the scope of
representation; provided that the number of
such representative(s) shall not exceed two
without prior approval of the employee relations
officer, and that advance arrangements for the
time away from his work station or assignment
are made with the department head. (Ord. 70-17
~ I (part), 1970).
58 *See Gov. C @ 3505.3.
USE OF COUNTY FACILITIES
Chapter 34-20
USE OF COUNTYF ACILITIES
Sections:
34-20.002
34-20.004
34-20.006
34-20.008
34-20.010
34-20.012
Meeting areas.
Scheduling and conduct.
Equipment.
Bulletin boards.
Access to work areas.
Distributing literature.
34-20.002 Meeting areas.* (a) Recognized
employee organizations shall be allowed the use
of areas normally used for meeting purposes for
meeting of county employees during non work
hours when:
(1) Such space is available and is scheduled
twenty-four hours in advance;
(2) There is no additional cost to the county;
(3) It does not interfere with normal county
operations;
(4) Employees in attendance are not on duty
and are not scheduled for duty; and
(5) The meetings are open and on matters
within the scope of representation.
(b) Recognized employee organizations
representing fire district employees shall be
allowed the use of fire station areas normally
used for meeting purposes. (Ord. 70-17 @ 1
(part), 1970).
34-20.004 Scheduling and conduct. * The
administrative official responsible for the space
shall establish and maintain scheduling of such
uses. The scheduling, recognized employee
organization shall maintain proper order at the
meeting, and see that the space is left in a clean
and orderly condition~ (Ord. 70-17 @ 1 (patt),
1970).
34-20.006 Equipment. * The use of county
equipment (other than items normally used in
the conduct of business meetings, such as desks,
chairs, ashtrays and blackboards) is strictly
prohibited, even though it may be present in the
meeting area. (Ord. 70-17 @ 1 (part), 1970).
34-20.008 Bulletin boards. * (a) Recognized
employee organizations shall be allowed to use
designated portions of bulletin boards or display
areas in public portions of county buildings, or
*See Gov. C. 11 3507.
34-20.002--34-20.012
in public portions of offices in which the
employee organization has members; provided
that the information displayed is within the
scope of representation, and that the employee
organization appropriately posts and removes
the information.
(b) The county through the employee
relations officer reserves the right to remove
objectionable materials after consultation with
the employee organization which posted it.
(Ord. 70-17 @ 1 (part), 1970).
34- 20.010 Access to work areas. *
Representative(s) of a recognized employee
organization shall be allowed access to work
locations in which the organization has
membership, for the following purposes:
(1) To post literature on bulletin boards;
(2) To arrange for use of a meeting room;
(3) To leave and/of distribute a supply of
literature as permitted by Section 34-20.012;
(4) To represent an employee on a grievance;
and/or
(5) To contact a union officer on a matter
within the scope of, representation; provided
that advance arrangements (including disclosure
of which of the above purposes is the reason for
the visit) are made with the departmental
representative in charge of the work area, and
that the visit does not interfere with county
business. (Ord. 73-32 @ 6,1973: Ord. 70-17 ~ I
(patt), 1970).
34-20.012 Distributing Iiterature.*
Representative(s) 'of a recognized employee
organization (who, if a county employee. shall
be off duty) shall be permitted to:
(1) Place a supply of employee organization
literature at specific locations in county
buildings arranged through the employee
relations officer; and
(2) Distribute employee organization
literature in work areas (except work areas not
open to the public), if the nature of the
literature and the proposed method of
distribution 'are compatible with the work
environment arid work in progress. Approval of
the'nature of the literature and the method of
the distribution shall be obtained in advance
from the departmental representative in charge
of the work area. (Ord. 73-32 @ 7,1973: Ord.
70-17 @ 1 (part), 1970).
*See Gov. C. 11 3507.
59
'(Contra Costa County 9-15-73)
34-22.002-34-24.008
PERSONNEL
Chapter 34-22
UNF AIR PRACTICES
Sections:
34-22.002
34-22.004
County.
Employee organizations.
34-22.002 County. It is an unfair
employer-employee relations practice for the
county to:
(1) Interfere with, restrain or coerce
employees in the exercise of the rights
recognized or granted in this division;
(2) Dominate or interfere with the formation
of any employee organization or interfere with
selection of a majority representative;
(3) Contribute financial support to any
employee organizati()ll; 01;
(4) Refuse to meet and confer in good faith
(with representatives of formally organized
employee organizations on matters within the
scope of representation), or to refuse to consult
with informally recognized employee
organizations on matters within the scope of
representation. (Ord. 70-17 @ 1 (part), 1970).
34-22.004 Employee organizations. It is an
unfair employer-employee relations practice for
employee organizations or their representatives
or members to:
(1) Interfere with, restrain or coerce
employees in the exercise of the rights
recognized or granted in this division;
(2) Coerce, attempt to coerce or discipline
any member of an organization so as to hinder
or impede the performance of his duties;
(3) Discriminate against any employee with
regard to the terms or conditions of membership
because of race, color, creed, sex: or national
origin;
(4) Refuse to consult, or meet and confer in
good faith, with management representatives on
matters within the scope of representation; or
(5) Initiate, engage in, cause, instigate,
encourage or condone a work stoppage of any
kind or other disruptive activities which are
detrimental to the conduct of county business
and services. (Ord. 70-17 @ 1 (part), 1970).
(Contra Costa County 9-15-73)
Sections:
34-24.002
34-24.004
34-24.006
34-24.008
Chapter 34-24
SANCTIONS
Exclusive.
Against employee
organizations.
Notice.
Appeal.
34-24.002 Exclusive. Notwithstanding the
provisions of Title 1, the sanctions and appeals
provided in this chapter are the only sanctions
and appeals provided by county ordinance or
regulation for violations of the provisions of this
division. (Ord. 70-17 ~ 1 (part), 1970).
34-24.004. Against employee
organizations. * The employee relations officer
may, after reasonable notice, impose sanction(s)
for unfair employer-employee relations
practices, including but not limited to
suspension or revocation of privileges provided a
recognized employee organization, such as dues
deduction. (Ord. 70-17 ~ 1 (part), 1970).
34-24.006 Notice. The employee relations
officer' shall immediately give the employee
organization written notice of the sanction(s)
imposed. (Ord. 70-17 @ 1 (part), 1970).
34-24.008 Appeal. Sanctions invoked by
the employee relations officer may be appealed
to the board within ten days of the mailing of
his notice in which case the sanctions shall not
,
be in force until the appeal has been ruled upon
by the board. Such appeals shall be heard and
decided at the next regular board meeting or an
earlier special meeting. (Ord. 70-17 @ 1 (part),
1970).
Sections:
34-26.002
34-26.004
34-26.006
34-26.008
*SeeGov. C. ~ 3507.
60
Chapter 34-26
DUES DEDUCTION
Majority representatives.
New employees in unit.
Other employees.
Authorization.
34-26.010
34-26.012
Amount.
Indemnity and refund.
34-26.002 Majority representatives. * Only
majority representatives may have dues
deduction; but any other recognized employee
organization with dues deduction on February
26, 1970, continues to have the privilege subject
to this chapter. (Ord. 70-17 ~ 1 (part), 1970).
34-26.004 New employees in unit. ** The
majority representative. has the exclusive
privilege of dues deduction for new members
recruited in its unit. (Ord. 70-17 ~ 1 (part),
1970).
34-26.006 Other employees. ** Any
recognized employee organization with dues
deduction privilege (pursuant to Section
34-26.002) may have dues deduction from
employees not in any representation unit. (Ord.
70-1 7 ~ 1 (part), 1970).
34-26.008 Authorization. * Dues deduction
is based on the employee's voluntary written
authorization. The authorization continues until
the employee's county. employment is
terminated or until he cancels it in writing; but
the board by resolution may restrict to certain
periods an employee's right to cancel his
authorization. (Ords. 74-50 ~ 2, 1974, 70-17).
34-26.010 Amount.* The dues deduction
(for employee organization membership) shall
be for a specified amount and uniform as
between employee members of the organization.
(Ord. 70-17 ~ 1 (part), 1970).
34-26.012 Indemnity and refund. (a)
Employee organizations who have or achieved
the dues deduction privileges shall indemnify,
defend and hold the county harmless against any
claims made and against any suit instituted
against the county on account of dues
deduction.
(b) Such an employee organization shall
refund to the county any amounts paid to it in
error upon presentation of supporting evidence.
(Ord. 70-17 ~ 1 (part), 1970).
*See Gov. c.~~ 1157.1 ff., 3507.
**See Gov. c. ~ 3507.
GRIEVANCE PROCEDURE
34-26.002-34-28.002
Chapter 34-28
GRIEV ANCE PROCEDURE
Sections:
34-28.002
34-28.004
34-28.006
34-28.008
34-28.010
34-28.012
General.
Fact finding.
Lowest level.
Second level (optional).
Departmen tal level.
Appeal to employee relations
officer.
Appeal from employee relations
officer.
Arbitration.
Board determination.
Time limits waiver.
34-28.014
34-28.016
34-28.018
34-28.020
34-28.002 General. (a) Initial Presentation:
The initial (or lowest level) presentation of a
grievance shall be to the immediate supervisor of
the employee claiming to have a grievance, and
it may be made either orally or in writing. If
made in writing the written grievance shall
comply with subsection (b)'s requirements for a
formally presented grievance.
(b) Formal Presentation: The formal
presentation of a grievance shall be written and
shall state the circumstances over which the
grievant claims to be aggrieved, how the
in terpre ta ti on, application or practical
consequences of a policy, procedure or
agreement is affecting him to his detriment, and
the redress he seeks.
(c) Notice: The official with whom a formal
grievance is filed by a grievant, who is included
in a representation unit but is not represented
by the majority representative, shall give the
majority representative a copy of the formal
presentation.
(d) Time Limit: Grievances must be filed
within thirty days of the incident or occurrence
about which the employee claims to . have a
grievance.
(e) Copies: A copy of each written
communication on a grievance shall be filed with
the director of personnel for record purposes.
(f) Effect of a Grievance: The making or
filing of a grievance shall not prevent the
county, a department head, a departmental
supervisor or other authorized person from
taking action deemed appropriate, nor shall it
have the effect of suspending action previously
taken even though the action may involve or be
60-1
(Contra Costa County 9-10-74)
34-28.004-34-28.016
PERSONNEL
a part of the subject matter of the grievance.
(Ord. 73-32 @ 8 (part), 1973).
34-28.004 Fact finding. (a) Upon the filing
of a grievance appeal at the second level
(optional) or departmental level, an impartial
fact-finding team of two persons shall be
selected. The grievant shall select one member of
the team and the department head shall select
the other member of the team from a list
established by the employee relations officer.
(b) Investigation and Report: The
fact-finding team shall promptly investigate the
facts pertinent to the grievance and shall report
in writing to the parties, but only on facts
agreed to by both fact-finders. The report shall
become a part of the record of the grievance.
(c) Waiver: Where the parties (grievant and
management) stipulate in writing that the formal
grievance' states the facts, those facts shall
become the facts of record for the grievance
and the fact-finding procedure provided for
herein shall be waived. (Ord. 73-32 ~ 8 (part),
1973).
34-28.006 Lowest level. An attempt shall be
made to settle all grievances on an informal basis
by discussion between the immediate supervisor
or other appropriate supervisor and the
employee and/or his representative as soon as
practicable; and if such a meeting cannot be
arranged informally, it shall be held within two
working days after submission to the immediate
supervisor of a written request for such a
meeting. (Ord. 73-32 @ 8 (part), 1973).
34-28.008 Second level (optional). (a) A
grievance which is not settled at the lowest level
may be appealed to a second level management
representative designated by the department
head. The appeal shall be submitted within seven
days after the decision of the supervisor, and if
so appealed the grievance shall be presented as
provided in subsection (b) of Section 34-28.002.
The second level management representative
shall attempt to settle the grievance, and if the
grievance is not settled shall reply in writing
within seven days after receipt of the
fact-finders' report.
(b) The provisions of this section apply in
any department while the department head has
so notified the employee relations officer in
writing specifying the second level management
representative(s) in his department. (Ord. 73-32
@ 8 (part), 1973).
(Contra Costa County 9-10-74)
34-28.010 Departmentallevel. A grievance
which is not settled at a lower level may, within
seven days of the decision of the supervisor or
second level management representative
(whichever is appropriate), be appealed in
writing to the department head, and if so
appealed the grievance, unless previously
formally presented, shall be presented as
provided in subsection (b) of Section 34-28.002.
The department head or his departmental
representative authorized to make a final
departmental decision shall attempt to settle the
grievance, and if the grievance is not settled shall
reply in writing within seven days after receipt
of the fact-finders' report. If a fact-finders'
report had previously been prepared, he shall
reply within seven days after receipt of the
written appeal. (Ord. 73-32 @ 8 (part), 1973).
34-28.012 Appeal to employee relations
officer. A grievance which is not settled at the
departmental level may be appealed in writing,
within seven days from receipt of the
department's written reply, to the employee
relations officer, and if so appealed he shall try
to settle it and shall reply in writing within
fourteen days. (Ord. 73-32 @ 8 (part), 1973).
34-28.014 Appeal from employee relations
officer. A grievance which is not settled by the
employee relations officer may be appealed in
writing for final determination to either the
board or an arbitrator. The written notice of
appeal must be filed with the employee relations
officer within seven days of the receipt of his
written reply and shall state the grievant's choice
whether the board or an arbitrator is to make
the final decision; otherwise the board shall hear
and decide. (Ord. 73-32 @ 8 (part), 1973).
34-28.016 Arbitration. If the grievant
selects arbitration the following shall apply:
(1) Selection: Within fourteen days after
receipt of the notice of appeal, the employee
relations officer and the grievant(s) shall proceed
pursuant to Section 34-12.008(f), mutatis
mutandis.
(2) Evidence: Neither party shall be
permitted to assert in the arbitration
proceedings any fact contrary to the
fact-finders' report or written stipulation or any
evidence which had not been submitted to the
other party during the prior levels of the
grievance procedure.
60-2
GRIEVANCE PROCEDURE
(3) The Arbitration: The arbitrator shall
promptly hold a hearing and shall issue his
decision not later than thirty days from the date
of the close of the hearing or, if oral hearings
have been waived, from the date the final
written statements and arguments are submitted
to him by the parties. His decision shall be in
writing and shall set forth his findings of fact,
reasoning and conclusions on the issues. It shall
be submitted to the board and to the grievant
and shall be final and binding on the parties.
(4) Costs: The costs shall be divided pursuant
to Section 34-l2.008(h), mutatis mutandis.
(5) Limitation: The authority of the
arbittator to render final and binding decisions
on grievances extends only to those matters over
which the board or a department head may
legally delegate its decision making powers.
(Ord. 73.;32 ~ 8 (part), 1973).
34-28.018 Board determination. If a
grievance is submitted to the board for
determination, it shall be submitted upon the
record (which shall include the formally
presen ted grievance, the fact-finders' report and
the written determinations of the second level
management representatives [if any], the
department head and the employee relations
officer) and the written presentations and
recommendations of the parties; but the board,
if it wishes, may order the presentation of oral
testimony and/or oral argument to supplement
the written materials presented to it. (Ord.
73-32 ~ 8 (part), 1973).
34-28.020 Time limits waiver. Any of the
time limits contained in this chapter may be
waived upon the mutual written consent of the
parties. (Ord. 73-32 ~ 8 (part), 1973)
60-3
34-28.018-34-28.020
(Contra Costa County 9-15-73)
(3) The Arbitration: The arbitrator shall
promptly hold a hearing and shall issue his
decision not later than thirty days from the date
of the close of the hearing or, if oral hearings
have been waived, from the date the final
written statements and arguments are submitted
to him by the parties. His decision shall be in
writing and shall set forth his findings of fact,
reasoning and conclusions on the issues. It shall
be submitted to the board and to the grievant
and shall be final and binding on the parties.
(4) Costs: The costs shall be divided pursuant
to Section 34-l2.008(h), mutatis mutandis.
(5) Limitation: The authority of the
arbitrator to render final and binding decisions
on grievances extends only to those matters over
which the board or a department head may
legally delegate its decision making powers.
(Ord. 73-32 ~ 8 (part), 1973).
34-28.018 Board determination. If a
grievance is submitted to the board for
determination, it shall be submitted upon the
record (which shall include the formally
presented grievance, the fact-finders' report and
the written determinations of the second level
management representatives [if any], the
department head and the employee relations
officer) and the written presentations and
recommendations of the parties; but the board,
if it wishes, may order the presentation of oral
testimony and/or oral argument to supplement
the written materials presented to it. (Ord.
73-32 ~ 8 (part), 1973).
34-28.020 Time limits waiver. Any of the
time limits contained in this chapter may be
waived upon the mutual written consent of the
parties. (Ord. 73-32 ~ 8 (part), 1973)
GENERAL
34-28.018-36-2.004
Divisions 36
TERMS OF EMPLOYMENT
AND COMPENSATION
Chapters:
36-2 General
36-4 Salary Administration
36-6 Terms of Employment
36-8 Special Provisions
36-10 Award Program
36-11 Exempt Medical Service
36-12 Registered Nurses
36-14 Public Health Nurses
36-16 Deputy District Attorney
36-18 Deep Class
Chapter 36-2
GENERAL*
Sections:
36-2.002
36-2.004
36-2.006
36-2.008
36-2.010
Application of division.
Regular county employees.
Part-time compensation.
Temporary employment.
Compensation for portion of
month.
County administrator's
regulations.
36-2.012
36-2.002 Application of division. County
and township officers, deputies, and employees
shall be paid, as compensation for all services re-
quired of them by law or by virtue of their of-
fices, the salaries and other compensation set
forth in this division. (Ord. 1493: prior code ~
2430: Ord. 1285).
36-2.004 Regular county employees. (a)
Salaries By Resolution: The compensation of all
regular county employees and employees of the
Contra Costa County flood control and water
conservation district, except those whose
compensation is provided for elsewhere, shall be
determined in accordance with such salary
schedule(s) and the allocation of classes thereto
as are provided by board resolution or by other
provisions of this division relating to salary ad-
ministration.
61
*For the statutory provisions regarding officers' compensation,
see Gov. C. g 28101 ff.; for the authority of the board of super-
visors to regulate the compensation of all officers, except the
board of supervisors, deputies, assistants and employees of the
county, see CONST. art XI g l(b) and Gov. C. g 25300.
(Contra Costa County 7-80)
36-2.006-36-2.012
PERSONNEL
(b) Allocations and Changes: The board by
resolution may allocate class titles of employ-
ment to ranges or levels of such salary schedule(s)
and create and abolish positions under new and
existing class titles.
(c) Effective Dates: Action under this section
becomes effective on the next day, unless other-
wise provided therein. (Ords. 79-94, 7943 S 3,
1493: prior code S 2435: Ord. 1285: see also
S 24-26.002).
36-2.006 Part-time compensation. A
part-time employee shall be paid a monthly
salary in the same ratio to the full-time monthly
rate to which he would be entitled as a full-time
employee under the provisions of this division as
the number of hours per week in his part-time
work schedule bears to the number of hours in
the full-time work schedule of the department.
Other benefits to which the employee is entitled
under the provisions of this division shall be
assigned . on the same pr~J.ata. basis. If the
number of hours per week in the part-time
schedule varies or is indefinite, the appointing
authority shall give the civil service commission.
an estimate in writing of the average number of
hours per week in the part-time schedule of the
employment. If the employment is periodic and
irregular, depending on departmental
requirements, payment for hours worked shall
be made at the hourly rate set forth in Section
36-2.008 which is the equivalent of the monthly
rate to which the employee is entitled under this
division. (Ord. 1493: prior code ~ 2438: Ord.
1285).
36-2.008 Temporary employment. Persons
employed in temporary positions shall be
compensated at the hourly rate which is the
equivalent of the minimum step of the salary
range to which the particular class of position is
allocated, except that in cases where the civil
service commission has determined that it is not
possible to secure qualified persons for
temporary employment at the minimum hourly
rate, the commission may then authorize
payment at an hourly rate which is equivalent to
one of the higher steps of the range to which the
particular class is allocated.
Overtime pay at the rate of time and a half
shall be payable to such employees for work in
excess of eight hours per day and for work in
excess of forty hours per week occurring before
the commencement of the next succeeding work
week. The county administrator shall
(Contra Costa County 7-80)
promulgate regulations to effectuate this sec-
tion, consistent with this code and with the
rules of the civil service commission.
Whenever a temporary position in a skilled
tradesman class is to be filled, the civil service
commission may authorize payment to the
temporary employee of the prevailing wage for
that trade. Student workers hired during the
summer vacation months for laborer work in the
public works department shall be paid at the
rate of one dollar and seventy-five cents per
hour. Such positions shall be outside the
classified service. Such positions shall be limited
to summer employment not to exceed three
months during any calendar year. (Ord. 7043 S
2 (part), 1970; Ord. 68-19 S 2, 1968: Ord.
67-41 S 2,1967; Ord. 1739: Ord. 1727: Ord.
1650: prior code S 2439: Ord. 1285).
36-2.010 Compensation for portion of
month. Any employee who works less than any
full calendar month, except when on earned
vacation or authorized sick leave, shall receive as
compensation for his services an amount which
is in the same ratio to the established monthly
rate as the number of days worked is to the
actual working days in such employee's normal
work schedule for the particular month; but if
the employment is intermittent, compensation
shall be on an hourly basis. (Ord. 1493: prior
code S 2440: Ord. 1285).
36-2.012 C.ounty administrator's
regulations. The county administrator may
promulgate regulations to carry out this division
or any portion thereof; these shall have the force
oflaw. (Ord. 73-10 1 S 1, 1973).
Chapter 36-4
SALARY ADMINISTRATION
Article 36-4.2 New Employees
Sections:
36-4.202 General regulations.
Article 36-4.4 Anniversary Dates
Sections:
36-4.402 Designated.
Article 36-4.6 Increments
Sections:
36-4.602
36A.604
Within range.
Frequency.
62
Article 36-4.8 Promotion and Demotion
Sections:
36-4.802
36-4;804
36-4.805
Article 36-4.10
Sections:
36-4.1002
36-4.1004
36-4.1006
Salary -On promotion.
Salary-On demotion.
Salary-On voluntary
demotion.
Reclassification
Position.
Salary reallocation.
Classification allocations to
salary ranges.
Article 36-4.12 Transfer and Differen t Class
Sections:
36-4.1202 General provisions.
36-4.1204 Different class in same range.
Article 36-4.14 Higher Qass
Sections:
36-4.1402
Article 36-4.16
Sections:
36-4.1602
36-4.1604
36-4.1606
36-4.1608
Work in higher classification-
Higher pay.
Paymen t
Dates designated.
Amount of advance.
Election for advances.
Deductions.
Article 36-4.2 New Employees
36-4.202 General regulations. * Except as
hereinafter provided, new employees shall be
appointed at the minimum step of the salary
range established for the particular class of
position to which the appointment is made.
However, the board of supervisors, by
resolution on the recommendation of the civil
service commission, may provide that a
particular position be filled at a step above the
minimum of the range, but no new employee
may enter at a step higher than the third step.
Whenever a permanent position is filled in this
manner, all incumbents of positions in the same
class earning less than the step in the particular
salary range at which the new employee enters
shall be raised to that step, but this does not
apply to the classes of social worker II and social
work supervisor II.
. *For the statutory provIsions regarding the method of
appointment of county employees, see Gov. C. ~ 25300. See
also, CaNST. art XI ~ l(b) as to the power of the county to
provide the method of appointment.
62-1
SALARY ADMINISTRATION
36-4.202
A person appointed from a reemployment
list, on recommendation of the civil service
commission and approval of the board of
supervisors, may be appointed at the same step
of the salary range established for the particular
class of position as the step which the employee
was receiving at the effective date.of resignation.
(Contra Costa County 7-80)
This action shall not require modification of the
salaries of other incumbents of positions in the
same class earning less than the step at which the
reemployed person enters.
If a position is transferred from the service of
some other governmental jurisdiction to the
service of this county, after the position has
been allocated to the classification plan by the
civil service commission, the incumbent of the
position shall be assigned tc the step on the
salary range established for the class which is
equal to, or if not equal to, next above the
salary rate which he was receiving from the
other jurisdiction before transfer, provided that
no employee shall be assigned to less than the
second step of the salary range established for
that class; but if the transferred employee is
already receiving a salary greater than the
maximum step of the class to which the position
is allocated, he shall continue to receive that
salary rate until a step in the range equals or
exceeds this rate. When transferred employees
are assigned to a salary rate, the salary rates of
incumbents of other positions in the same class
shall not be affected. (Ord. 69-33 ~ 1, 1969;
Ord. 68-11 ~ 1, 1968; Ord. 1945; Ord. 1727;
prior code ~ 2442(a): Ord. 1351; Ord. 1285).
Article 36-4.4
Anniversary Dates
36-4.402 Designated. (a) Permanent
Employees: Each permanent employee has an
anniversary date for pay purposes as herein
provided.
(b) New Employees:
(1) Six-Month Probations. The anniversary of
a new employee with a six-month probation
period is the first day of the calendar month
after the calendar month when he successfully
completes his probation period; except that,
when he began work on the first regularly
scheduled workday for his position which was
not the first calendar day that month, his
anniversary is the first day of the calendar
month when he successfully completes
probation.
(2) Over Six-Months Probation. The
anniversary of a new employee with a probation
period of over six months is the first day of the
seventh calendar month after the calendar
month when he began work; except that, when
he began work on the first regularly scheduled
work day for his position which was not the fust
SALARY ADMINISTRA nON
36-4.402-36-4.602
calendar day that month, his anniversary is the
fust day of the sixth calendar month after the
calendar month when he began work.
(c) Promotions: The anniversary of a
promoted employee is determined as for a new
employee in (b) above, depending on whether
the new position's probation period is six
months or more.
(d) Demotions: The anniversary of a
demoted employee is the fust day of the
calendar month after the calendar month when
the demotion was effective.
(e) Transfers and Reclassifications: The
anniversary of a transferred employee, or one
whose position has been reclassified to a class
allocated to the same salary range, remains
unchanged.
(f) Re-Employments: The anniversary of an
employee appointed from a re-employment list
to the first step of the applicable salary range
and not required to serve a probation period
pursuant to commission regulations is
determined as for a new employee who is
appointed the same date, classification and step
and who then successfully completes the
required probation period.
(g) Other Salaries and Transfers.
Notwithstanding other provisions of this section,
the anniversary of an employee who is
appointed from outside the county's classified
service at a rate above the minimum salary for
class, or who is transferred from another
governmental entity to this county's classified
service, is one year from the first day of the
calendar month after the calendar month when
he was appointed or transferred; except that,
when the appointment or transfer is effective on
his first regularly scheduled work day of that
month, his anniversary is one year after the first
calendar day of that month. (Ord. 68-34 ~ 1,
1968; Ord. 2009; Ord. 1727; prior code ~
244~(b): Ord. 1351; Ord. 1285).
Article 36-4.6 Increments
36-4.602 Within range. The salary of each
employee, except those with employees already
at the maximum salary step of the appropriate
salary range, shall be reviewed on the
anniversary date as set forth in Section
36-4.402, to determine whether the salary of the
employee shall be advanced to the next higher
step in the salary range. Advancement shall be
granted only on the affirmative recommendation
63
(Contra COflta County:'" 11,711)
36-4.604-36-4.1002
PERSONNEL
of the appointing authority, based on
satisfactory performance by the employee. The
appointing authority may recommend
unconditional denial of the increment or denial
subject to review at some specified date before
the next anniversary.
The salary of persons who are on leave of
absence from their county positions on any
anniversary date and who have not been absent
from their positions on leave without pay more
than six months during their anniversary year
preceding the review date shall be reviewed on
the anniversary date. Employees on stipendiary
educational leave are excluded from the above
six month limitation. Persons on military leave
shall receive anniversary increments that may
accrue to them during the period of military
leave. (Ord. 1727; prior code ~ 2442(c): Ord.
1351; Ord. 1285).
36-4.604 Frequency. Except as herein
provided, increments within range shall not be
granted more frequently than once a year, nor
shall more than one step within-range increment
be granted at one time. In case an appointing
authority recommends denial of the
within-range increment on some particular
anniversary date, but recommends a special
salary review at some date before the next
anniversary as provided for in Section 36-4.602,
the special salary review shall not affect the
regular salary review on the next anniversary
date. No provision of this chapter shall be
construed to make the granting of increments
mandatory on the county. (Ord. 1727; prior
code ~ 2442(g): Ord. 1351; Ord. 1285).
Article 36-4.8
Promotion and Demotion
36-4.802 Salary - On promotion. Any
employee who is appointed to a position of a
class allocated to a higher salary range than the
class he previously occupied shall receive the
salary in the new salary range which is next
higher than the rate he was receiving before
promotion. In the event this increase is less than
five percent, the employee's salary shall be
adjusted to the step in the new range which is
five percent greater than the next higher step, if
the new range permits such adjustment. (Ord.
1727: prior code ~ 2442(d): Ord. 1351; Ord.
1285).
(Contra Costa County 3-15-78)
36-4.804 Salary - On demotion. Any
employee who is demoted to a position of a
class having a salary schedule lower than the
class of position from which he was demoted
shall have his salary reduced to the monthly
salary step in the range for the class of position
to which he has been demoted next lower than
the salary he received before demotion. In the
event this decrease is less than five percent, the
employee's salary shall be adjusted to the step in
the new range which is five percent less than the
next lower step, if the new range permits such
adjustment. Whenever the demotion is the result
of layoff, either by abandonment of position or
displacement by another employee with greater
seniority rights, the salary of the demoted
employee shall be that step on the salary range
which he would have achieved had he remained
continuously in the position to which he has
been demoted, all within-range on the
anniversary dates in the demotional class. (Ord.
1727: prior code ~ 2442(e): Ord. 1351; Ord.
1285).
36-4.805 Salary - On voluntary demotion.
Notwithstanding Section 36-4.804, whenever
any employee voluntarily demotes to a position
in a class having a salary schedule lower than
that of the class from which he demotes, unless
the board provides otherwise by resolution, his
salary shall remain the same if the steps in his
new (demoted) salary range permit, and if not,
his new salary shall be set at the step next below
his former salary. (Ord. 77-114 ~ 1).
Article 36-4.10
Reclassifica ti on
'36-4.1002 Position. An incumbent of a
position which is reclassified to a class which is
allocated to the same range of the basic salary
schedule as is t:le class of the position before it
was reclassified, shall be paid at the same step of
the range as he was receiving under the previous
classification. An incumbent of a position which
is reclassified to a class which is allocated to a
lower range of the basic salary schedule than is
the class of the position before it was
reclassified, shall continue to receive the same
salary as before the reclassification, but if such
salary is greater than the maximum of the range
of the class to which the position has been
reclassified, the salary of the incumbent shall be
reduced to the maximum salary for the new
64
SALARY ADMINISTRATION
classification. The salary of an incumbent of a
position which is reclassified to a class which is
allocated to a range of the basic salary schedule
greater than the range of the class of the
position before it was reclassified shall be
governed by the provisions of Section 36-4.802.
(Ord. 1727: prior code ~ 2442(i):Ord. 1351:
Ord. 1285).
36-4.1004 Salaryrea:llocation. An employee
who has permanent status in a position of a class
which is reallocated to a salary range above or
below that to which it was previously allocated
shall be compensated at the same step in the
new salary range as he was receiving in the range
to which the class was previously allocated,
except that when the reallocation is from a
five-step to a three-step range, or vice versa, he
shall receive the step on the new range which is
in the same ratio to his salary before reallocation
as is the top step of the new range to the top
step of the range to which the class was
previously allocated, but in no case shall any
employee be compensated at less than the first
step of the range to which the class is allocated.
Provisional employees in positions of a class
which are reallocated to a different salary range
shall continue to receive the entrance step
except as otherwise authorized under Section
36-4.202. (Ord. 70-43 ~ 2 (part), 1970: Ord.
1727: prior code ~ 2442(h): Ord. 1351: Ord.
1285).
36-4.1006 Classification allocations to
salary ranges. In the event a classification is
allocated by the board of supervisors from a
five-step range to a three-step range of the basic
salary schedule, or vice versa, each incumbent of
a position in the reallocated class shall be placed
upon the step of the new range which equals the
rate of pay he was receiving at the time of
reallocation, except that no incumbent shall be
placed at less than the second step of the new
range. In the event that the steps in the new
range do not contain the same rates as the old
range, each incumbent shall be placed upon the
step of the new range which is next above the
salary rate he was receiving in the old range.
Every incumbent of a position allocated from a
five-step to a three-step range, effective August
1, 1968, who is now at less than the second step
of the three-step range shall be advanced to the
second step effective May 1, 1969, and shall
have an anniversary date of May 1 st. (Ord. 69-34
~ 1, 1969: prior code ~ 2434.4).
36-4.1004-36-4.1602
Article 36-4.12
Transfer and Differen t Class
36-4.1202 General provisions. An employee
who is transferred from one position to another
position shall be compensated at the same step
in the salary range as he previously received.
(Ord. 1727: prior code ~ 2442(f): Ord. 1351:
Ord. 1285).
36-4.1204 Different class in same range.
Whenever a permanent employee is appointed to
a position of a class which is allocated to the
same salary range as is the class of the position
which he previously occupied, he shall continue
to be compensated at the same step of the salary
range to which the classes are allocated. For
purposes of further annual increment within the
salary range, his anniversary date shall remain
the same as it was before the appointment. (Ord.
1727: prior code ~ 2442U): Ord. 1351: Ord.
1285).
Article 36-4.14
Higher Class
36-4.1402 Work in higher classification -
Higher pay. When an employee in a permanent
position in the classified service is required to
work in a higher paid classification, he shall
receive the higher compensation for such work,
pursuant to Section 36-4.802 on salary on
promotion, plus any differentials and incentives
he would have received in his regular position.
Unless the board has by resolution otherwise
specified, the higher pay shall begin on the
thirty-first calendar day of the new assignment.
The county administrator shall issue regulations
specifying policy and procedures to implement
this provision and shall, on request of appointing
authorities, make required determinations
pursuant to it. (Ords. 77-119 ~ 1, 74-50 ~ 3,
69-65 ~ 1: prior code ~ 2442(k); Ord. 1285).
Article 36-4.16
Payment
36-4.1602 Dates designated. On the tenth
day of each month the auditor shall draw his
warrant upon the treasurer in favor of each
officer, deputy and employee of the county and
of the Contra Costa County flood control and
water conservation district, for the amount of
salary due him for the preceding month; but
65
(Contra Costa County 5-81)
36-4.1604-36-6.402
PERSONNEL
each such person (except those paid on an
hourly rate) may choose to receive an advance
on his monthly salary, in which case the auditor
shall, on the twenty-fifth day of each month,
draw his warrant upon the treasurer in favor of
such person. (Ord. 70-43 ~ 4, 1970: Ord. 1553:
prior code ~ 2450).
36-4.1604 Amount of advance. The advance
shall be in an amount equal to one-third of the
employee's basic monthly salary except that it
shall not exceed the amount of the basic
monthly salary less all requested or required
deductions. (Ord. 1553: prior code ~ 2451).
36-4.1606 Election for advances. The
election shall be made by filing on or before
April 30th or October 31st of each year or
during the first month of employment by filing
on forms prepared by the auditor-controller a
notice of election to receive salary advance.
Each election shall become effective on the first
day of the month following the deadline for
f1ling the notice and shall remain effective until
revoked. (Ord. 1553: prior code S 2452).
36-4.1608 Deductions. In the case of an
election made pursuant to this division, all
required or requested deductions from salary
shall be taken from the second installment,
which is payable on the tenth day of the
following month. (Ord. 1553: prior code S
2453 ).
Chapter 36-6
TERMS OF EMPLOYMENT*
Article 36-6.2
Sections:
36-6.202
36-6.204
Article 36-6.4
Sections:
36-6.402
36-6.404
General
Applicability.
Appointing authority.
Hours
On-call and call-back time.
Normal workweek and
overtime.
*For the statutory authority of the board of supervisors to
regulate the method of appointment and the terms of
employment of county employees, see Gov. C. ~ 25300, also,
see CO.NST. art. XI ~ l(b); for statutory provisions regarding
group msurance plans for county employees, see Gov. C. ~
53200 ff; for the insurance of health employees, see Gov. C. ~
31003.
(Contra Costa County 5-81)
Article 36-6.6
Sections:
36-6.602
36-6.603
Vacation and Sick Leave
Vacation-General provisions.
V aca tion - Managemen t
reimbursement.
Sick leave.
Restrictions
36-6.604
Article 36-6.8
Sections:
36-6.802
Marshals, constables and
deputies.
Article 36-6.2
General
36-6.202 Applicability. The conditions of
employment in this chapter shall apply to all
employment in positions whose compensation is
provided by this division, other than elected
officers and those modifications for employees
occupying "living-in" positions as described in
Sections 36-8.402 through 36-8.414. (Ord.
73-75 S I (part), 1973: Ord. 1650: Ord. 1493:
Ord. 1463: prior code S 2441(a) (part): Ord.
1334: Ord. 1285).
36-6.204 Appointing authority. (a) Depart-
ment Head. Unless otherwise provided by
ordinance or statute, all appointments shall be
made by the head of the department in which
the positions are, in accordance with the civil
service commission's regulations and those of
the personnel director consistent therewith.
(b) Delegability. A department head may
delegate (and withdraw and redelegate) this
appointing power to one or more subordinates
named in writing(s) filed with the personnel
director (secretary of the civil service commis-
sion) from time to time. (Ords. 79-64, 79-62,
73-75, 1650, 1493: prior code S 2441(b): Ords.
1285 S 8-A, 1041 s 8-A, 793 S 9-A, 491 S 9-A,
395 S 9-A, 365 S 9A; see also Govt. Code 1190).
Article 36-6.4
Hours
36-6.402 On-call and call-back time. (a) On-
Call Time - Definition and Credit. On-call time
is any period during which the employee is
not actually on duty but must be ready to
immediately report for duty and be reachable by
his superior on ten minutes' notice or less. He
shall get one hour of actual work time credit for
each four hours of such on-call time, unless
otherwise provided by board resolution.
66
(c) Call-Back Time. Any employee who is
called back to duty shall be paid for the actua)
time so spent plus one hour, but not less than
two hours total for each call-back. (Ord. 68-20 ~
1, 1968: Ord. 1650: Ord. 1493: Ord. 1463:
prior code ~ 244l(g): Ord. 1334: Ord. 1285).
36-6.404 Normal workweek. The normal
workweek for county employees shall consist of
five eight-hour days or a total of forty hours,
12:01 am. Monday to 12:00 midnight Sunday;
however, where operational requirements of a
department require deviations from the usual
pattern of five eight-hour days per workweek, an
employee's work hours may be scheduled to
meet these requirements, but his working time
shall not exceed an average of forty hours per
seven-day period throughout an operational
66-1
SALARY ADMINISTRATION
36-6.404
(Contra Costa County 3-15-78)
(b) On-Call Time - Scheduling. Where the
appointing authority requires on-call arrange-
ments, he shall designate which employees have
on-call responsibilities, shall schedule the hours
when these employees are on call, and may in-
clude the on-call time credit as part of the em-
ployee's normal workweek.
(c) Call-Back Time. An employe~ called back
to duty shall be paid for the actual tIme on duty
plus one hour (but not less than two hours
total for each call-back), unless otherwise pro-
vided by board resolution. (Ords. 80-83, 79-63,
68-20, 1650, 1493, 1463: prior code S 244l(g):
Ords. 1334, 1285 S 8G, 793 s 9G, 759: see also
SS 22-2.202 & 36-6.404).
36-6.404 Normal workweek and overtime.
(a) Normal Workweek. The normal workweek
for county employees is forty hours between
12:01 a.m. Monday to twelve midnight Sunday,
usually five eight-hour days; however, where
operational requirements of a department
require deviations from the usual pattern of five
eight-hour days per workweek, an employee's
work hours may be scheduled to meet these
requirements, but his working time shall not
exceed an average of forty hours per seven '-day
period throughout an operational cycle, and the
department head shall prepare written schedules
in advance to support all deviations, the
schedules to encompass the complete
operational cycle contemplated.
(b) Overtime. "Overtime" is any authorized
service performed in excess of the normal
workweek. Compensation is as provided for in
Article 36-8.10. (Ords. 78-19 S 1,1707,1650,
1493, 1463: prior code S 244l(h): Ords. 1334,
1285).
Article 36-6.6
Vacation and Sick Leave
36-6.602 Vacation - General provisions. (a)
Employe,es in permanent positions are entitled
to vacations with pay which accrue according to,
and may be accumulated to maximums set forth
in, the table below. Accrual is by hours of
working time per calendar month of service and
begins on the date of appointment to a
permanent position, except that increased
accruals granted in recognition of long service
begin on the first of the month following the
month in which the employee qualifies for the
corresponding service award pursuant to Chapter
36-10, and except that accrual for portions of a
TERMS OF EMPLOYMENT
36-6.404-36-6.602
,month shall be in nummum amounts of one
hour calculated on the same basis as for partial
month compensation pursuant to Section
36-2.010. Vacation credits may be used only
after completion of six months' service in a
permanent position, but may be used to
supplement exhausted sick leave in cases of
absence during the first six months; an~ none
shall be allowed in excess of actual accrual at the
time vacation is taken. On separation from
county service, an employee shall be paid for
any unused vacation credits at his then current
pay rate.
(b) Except when the board provides otherwise
by resolution, the following rates for accrual of
vacation credits shall apply;
(1) For employees hired prior to October 1,
1979 the rates at which vacation credits accrue,
and the maximum accumulation thereof, are as
follows:
Length of Service
Under 11 years
II years
12 years
13 years
14 years
15 through 19 years
20 through 24 years
25 through 29 years
30 years and up
Monthly
Accrual
Hours
10
10 2/3
11 1/3
12
12 2/3
13 1/3
16 2/3
20
23 1/3
Maximum
Cumulative
Hours
240
256
272
288
304
320
400
480
560
(2) For employees hired on or after October
1, 1979, the rates at which vacation credits
accrue, and the maximum accumulation thereof,
are as follows:
Length of Service
Under 5 years
5 years through 10 years
11 years
12 years
13 years
14 years
15 through 19 years
20 through 24 years
25 through 29 years
30 years and up
67
Monthly
Accrual
Hours
6 2/3
10
10 2/3
11 1/3
12
12 2/3
13 1/3
162/3
20
23 1/3
Maximum
Cumulative
Hours
160
240
256
272
288
304
320
400
480
560
(Contra Costa County 5-81)
36-6.603-36-6.802
PERSONNEL
(c) Regulations. The county administrator'
may promulgate regulations implementing this
section. (Ords. 79-90 8 1, 71-110 8 15, 1971;
70-43 82, 1979; 1686; 1650; 1543; 1493;
1467; 1463: prior code 8 244l(b); Ord. 1334).
36-6.603 Vacation - Management reim-
bursement. (a) Vacation Payment. Employees,
in management classifications (including those
working twenty-four-hour shift patterns in civil
service fire districts) designated by board
resolution, may choose reimbursement for up
to one-third of their annual vacation accrual,
subject to the following conditions:
(1) The choice can be made only once in each
calendar year;
(2) Payment shall be based on an hourly rate
determined by dividing the employee's monthly
salary by 173.33 (242.67 for employees working
twenty-four-hour shifts in fire districts);
(3) The maximum number of hours that may
be reimbursed in any year is as follows
(parenthetical figures for employees working
twenty-four-hour shifts in fire districts):
For employees hired prior to October 1,
1979:
Years of Service
o through 11
12 through 14
15 through 19
20 through 24
25 through 29
30 years or more
Maximum Annual Payment
40 (56) hours
41 (57) hours
53 (76) hours
66 (92) hours
80 (112) hours
93 (132) hours
For employees hired on or after October 1,
1979:
Years of Service
o through 5
5 through 11
12 through 14
15 through 19
20 through 24
25 through 29
30 years and more
Maximum Annual Payment
27 (37) hours
40 (56) hours
41 (57) hours
53 (76) hours
66 (92) hours
80 (112) hours
93 (132) hours
(4) Accrued vacation balance shall be reduced
by the number of hours reimbursed.
(b) Regulations. The county administrator
may promulgate regulations implementing this
section. (Ords.79-90 8 2; 76-20, 75-52).
(Contra Costa County 5-81)
36-6.604 Sick leave. (a) Accrual. Unless
otherwise provided by board resolution,
employees in permanent positions accrue sick
leave credits at the rate of eight working hours'
credit for each completed calendar month of
service therein, and for part of a month in
minimum amounts of one working hour's credit
on the same basis as partial month compensation
in Section 36-2.010. Unused sick leave credits
accumulate from year to year.
(b) Use. Employees may use paid sick leave
credit in accordance with the board's policy and
the appointing authority's approval.
(c) Cancellation. Sick leave credits are can-
celled on separation, except for retirement use
according to Section 38-4.602, and except that
a 1ayed-off employee's accumulated credits shall
be restored if he is reemployed in a permanent
position within the period of his layoff re-
employment eligibility.
(d) Regulations. The county administrator
shall promulgate regulations implementing and
elaborating the policies expressed in board
resolutions and ordinances, including regulating
the manner of claiming and proving the proper
use of paid sick leave credits. (Ords. 79-107,
73-47 8 2, 1493: prior code 8 2441 (c): Ords.
1285 8 8, 1041, 793, 752-A, 718,491,395,
380,365).
Article 36-6.8
Restrictions
36-6.802 Marshals, constables and deputies.
Marshals, constables, deputy marshals and
deputy constables are prohibited at all times
from accepting assignments for and performing
services on a private basis which by their
character and nature can be performed in an of-
ficial capacity. (Ord. 1928: Ord. 1650: Ord.
1493: Ord. 1463: prior code 8 2441(1): Ord.
1334: Ord. 1285).
68
Article 36-8.10 Overtime
Sections:
36-8.1 002 Overtime-Pay and regulations.
36-8.1004 Overtime pay by resolutions.
Article 36-8.12 Insurance
Sections:
36-8.1202 Insurance-General regulations.
Article 36-8.14 Continuing Pay .
Sections:
36-8.1402
Continuing pay~Disability
absence.
Article 36-8.16 Allowances
Sections:
36-8.1604
Allowan ces- Personal property
loss.
36-8.1606 Allowances-Police dogs.
Article 36-8.18 Travel
Sections:
36-8.1802 Travel-Mileage.
36-8.1804 Travel-Advance amounts.
Article 36-8.20 "4-10" Shift
Sections:
36-8.2002
36-8.2004
36-8.2006
"4-10" shift-Exceptions from
Chapters 36-6 and 36-8.
"4-10" shift-Employees.
"4-10" shift-Normal work
schedule.
"4-10" shift-Overtime.
"4-10" shift-Holidays.
36-8.2008
36-8.2010
Article 36-8.2
Maintenance Deduction
36-8.202 Maintenance deduction
Generally. Whenever any maintenance is
provided to an employee, charges for
maintenance shall be made in the amounts and
in the manner that the board of supervisors shall
prescribe by resolution. (Ord. 1650: Ord. 1493;
Ord. 1463: prior code ~ 2441(d): Ord. 1334:
Ord. 1285).
Article 36-8.4
Living-in Positions
36-8.402 Living-in positions ~ Exception to
other provisions. The provisions of Sections
36-8.402 through 36-8.414 are an exception to
the general rules in Sections 36-6.602 through
36-6.802, 36-8.202, 36-8.602 through 36-8.608,
36-8.1 002 through 36-8.1602, but, except as
otherwise provided in Sections 36-8.402 through
36-8.414, the provisions of this code apply to
the employment described herein. (Ord. 1823:
prior code ~ 2441.1(a): Ord.1285).
SPECIAL PROVISIONS
36-8.202-36-8.404
36-8.404 Living-in positions - Defined.
"Living-in positions" are those filled by
permanent employees and for which the board
of supervisors has approved work schedules
exceeding an average of forty hours a week
recommended by the department head pursuant
to Section 36-6.404, where part of the schedule
is sleeping time and the employee is required to
sleep at the place of employment. (Ord. 1823;
prior code ~ 2441.1(b): Ord. 1285).
68-1
(Contra Costa County 7-80)
Chapter 36-8
SPECIAL PROVISIONS*
Article 36-8.2 Maintenance Deduction
Sections:
36-8.202
Maintenance deduction-
Generally.
Article 36-8.4 Living-in Positions
Sections:
36-8.402
Living-in positions-Exception
to other provisions.
Living-in positions-Defined.
Living-in positions-Vacation
and sick leave.
Living-in positions-Equivalent
hourly rate.
Living-in positions-Overtime.
Living-in positions-Holidays.
Living-in positions-Shift
differential.
Article 36-8.6 Differentials
Sections:
36-8.602
36-8.604
36-8.404
36-8.406
36-8.408
36-8.410
36-8.412
36-8.414
36-8.606
Article 36-8.8
Sections:
36-8.802
36-8.804
36-8.806
36-8.808
36-8.810
36-8.812
36-8.814
36-8.815
36-8.816
36-8.818
Differentials-Shift .
Differentials- F or certain
employees.
Differentials- Vocational
education teachers.
Peace Officer Training
Incentive program-Purposes.
Incentive program-
Definitions.
Incentive program-
Intermediate certificate.
Incentive program.....:Advanced
certificate.
Incentive program-Pay status.
Incentive program-ContinQ.ed
eligibility.
Incentive program-Exceptions
to continued eligibility.
Incentive program-Post-
graduate training.
Incentive program-Exceptions
to program.
Incentive program-
Administrator's regulations.
*F or the statutory authority of the board of supervisors to
regulate the method of appointment and the terms of
employment of county employees, see Gov. C. S 25300; also,
see CONST. art. XI s,.1 (b); for statutory provisions. regarding
group insurance plans for county employees, see Gov. C. S
53200 ff; for the insurance of health employees, see Gov. C. S
31003.
68a
36-8.820
SPECIAL PROVISIONS
Standards and training of local
corrections and probation
officers.
(Contra Costa County 5-81)
Article 36-8.10 Overtime
Sections:
36-8.1002 Overtime-Pay and regulations.
36-8.1 004 Overtime pay by resolutions.
Article 36-8.12 Insurance
Sections:
36-8.1202 Insurance-General regulations.
Article 36-8.14 Continuing Pay
Sections:
36-8.1402
Continuing pay-Disability
absence.
Article 36-8.16 Allowances
Sections:
36-8.1604
Allowances- Personal property
loss.
36-8.1606 Allowances- Police dogs.
Article 36-8.18 Travel
Sections:
36-8.1802 Travel-Mileage.
36-8.1804 Travel-Advance amounts.
Article 36-8.20 "4-10" Shift
Sections:
36-8.2002
36-8.2004
36-8.2006
"4-10" shift-Exceptions from
Chapters 36-6 and 36-8.
"4-10" shift-Employees.
"4-10" shift-Normal work
schedule. .
"4-10" shift-Overtime.
"4-10" shift-Holidays.
36-8.2008
36-8.2010
Article 36-8.2
Maintenance Deduction
36-8.202 Maintenance deduction
Generally. Whenever any maintenance is
provided to an employee, . charges for
maintenance shall be made in the amounts and
in the manner that the board of supervisors shall
prescribe by resolution. (Ord. 1650: Ord. 1493;
Ord. 1463: prior code ~ 2441(d): Ord. 1334:
Ord. 1285).
Article 36-8.4
Living-in Positions
36-8.402 Living-in positions - Exception to
other provisions. The provisions of Sections
36-8.402 through 36-8.414 are an exception to
the general rules in Sections 36-6.602 through
36-6.802, 36-8.202, 36-8.602 through 36-8.608,
36-8.1002 through 36-8.1602, but, except as
otherwise provided in Sections 36-8.402 through
36-8.414, the provisions of this code apply to
the employment described herein. (Ord. 1823:
prior code ~ 2441.l(a): Ord. 1285).
SPECIAL PROVISIONS
36-8.202-36-8.404
36-8.404 Living-in positions - Defined.
"Living-in positions" are those filled by
permanent employees and for which the board
of supervisors has approved work schedules
exceeding an average of forty hours a week
recommended by the department head pursuant
to Section 36-6.404, where part of the schedule
is sleeping time and the employee is required to
sleep at the place of employment. (Ord. 1823;
prior code ~ 2441.l(b): Ord. 1285).
68-1
(Contra Costa County 7-80)
36-8.406 Living-in positions - Vacation and
sick leave. Vacation and sick leave accrual and
usage procedures in Sections 36-6.602 and
36-6.604 apply to incumbents of living-in
positions, except that accruals and maximum
balances shall be computed in the same ratio as
the employee's average work week bears to the
standard forty-hour work week. Whenever an
employee moves from a permanent position
which does not qualify under Sections 36-8.402
through 36-8.414 to a position which does
qualify, or vice versa, his sick leave and vacation
balances will be adjusted in the same ratio as his
new work week bears to his former work week.
(Ord. 1823: prior code ~ 2441.I(c): Ord. 1285).
36-8.408 Living-in positions - Equivalent
hourly rate. The equivalent hourly rate as
described in Section 36-2.008 shall be
determined by dividing twelve times the base
salary by fifty-two times the average weekly
work hours. (Ord. 1823: prior code ~
2441.I(d): Ord. 1285).
36-8.410 Living-in positions - Overtime.
Except as otherwise provided, overtime for
incumbents of living-in positions shall be any
authorized service performed in excess of the
living-in work schedule, and shall be
compensated at one and one-half times the
employee's hourly rate as described in Section
36-8.408. (Ord. 1823: prior code .~ 2441.I(e):
Ord. 1285).
36-8.412 Living-in positions - Holidays.
Each incumbent of a living-in position who
qualifies under Sections 36-8.402 through
36-8.414 shall receive one-half day's pay,
calculated at the overtime rate as described in
Section 36-8.410, for each holiday recognized
by the county except Good Friday. Holiday pay
will be in addition to the regular base pay and
will be paid to each incumbent whether he is
scheduled to work on the holiday or not. To be
eligible for such holiday pay an employee must
have been in a pay status in a qualifying position
on the day preceding the holiday and on the day
next succeeding the holiday. For purposes of
qualifying for holiday pay, regular days off and
leaves of absence of fifteen calendar days or less
will be considered as being in a pay status.
Except as otherwise provided, overtime pay will
be paid in addition to holiday pay only when an
employee works on a holiday which is not part
SPECIAL PROVISIONS
38-8.406-36-8.604
of his regular work schedule. COrd. 1823: prior
code ~ 2441.1(f): Ord. 1285).
36-8.414 Living-in positions Shift
differential. Living-in positions are shift
employment and are subject to the special
compensation procedures of Sections 36-8.402
through 36-8.414, and therefore are not subject
to the shift differential provisions of Section
36-8.602. (Ord. 1823: prior code ~ 2441.1(g):
Ord. 1285).
Article 36-8.6
Differen tials
36-8.602 Differentials Shift. Every
employee, whose position has a regularly
assigned daily work schedule:
(1) Requiring for completion more than one
and one-half hours over the normal actual
working time; or
(2) Including at least four hours of actual
working time from five p.m. through nine a.m.
inclusive; or
(3) Involving rotation between the shifts
commonly called day, afternoon and graveyard
shifts;
shall receive extra pay of only one shift
differential of five percent of his base salary
rate, unless otherwise provided by board
resolution. This does not apply to employees in
the sheriffs department whose positions qualify
for safety membership in the retirement system.
The board may by resolution provide for shift
differentials for such other employees as it
deems necessary. (Ords. 78-3, 74-50 ~ 4, 2034 ~
I, 1933, 1695, 1650, 1493, 1463: prior code ~
2441(e): Ords. 1334, 1285).
36-8.604 Differentials For certain
employees. Any employee assigned to a
position, the work location of which is in the
isolation, chest or observation wards, or in the
admitting office or emergency room of the
county hospital, and the work assignment of
which requires continuous direct personal
contact with patients in these wards or rooms,
and any other employee whom the board may
by resolution authorize, shall receive per hour
worked a premium of five percent of the hourly
equivalent of his base rate, or such other
additional compensation as the board may by
resolution authorize, in addition to his regular
compensation, and in addition to the differential
provided for in Section 36-8.602 where he meets
69
(Contra Costa County 3-15-78)
36-8.606-36-8.812
PERSONNEL
the requirements of both Sections 36-8.602 and
36-8.604. (Ords. 76-72 ~ I, 74-50 ~ 5, 69-58 ~
1, 1650, 1493, 1463: prior code ~ 2241 (0;
Ords. 1334,1285, 1041 ~ 8F, 711 ~ 4, 657).
36-8.606 Differentials Vocational
education teachers. Employees who possess a
valid vocational education credential and whose
duties include teaching in a vocational education
project approved by the California State
Department of Education shall receive a
premium of five percent of their base salary rate.
(Ords. 67-24 ~ 2, 2035 ~ 1, 1966, 1650, 1493,
1463: prior code ~ 2441(0): Ords. 1334, 1285).
Article 36-8.8
Peace Officer Training
36-8.802 Incentive program - Purposes. * In
accordance wit~ the policies expressed in Penal
Code Sections 13500 and following and Chapter
2 of Title 11 of the California Administrative
Code (Sections 1000 and following); and to
attract law enforcement officers with high
education standards, to broaden the professional
experience of present officers and to maintain a
high quality police service to cope with
. increased demands placed upon this function,
there is established the following career
incentive program, which provides a career
incentive allowance based on two and one-half
percent of base pay for possessing the first
P.O.S.T. certificate (intermediate or advanced)
not required by the minimal qualifications of
the class and an additional allowance based on
two and one-half percent of base pay per month
for possessing a second P.O.S.T. certificate
(advanced) not required by the minimal
qualifications of the class. (Ords. 73-64 ~ 1,
72-60 ~ 2 (part), 69-31 ~ 1 (part): prior code ~
2441.2(a)).
36-8.804 Incentive program - Definitions.
(a) Unless otherwise specified or required by the
context, the following terms have the following
meanings in Sections 36-8.802 through
36-8.818.
(b) "Officer" means any peace officer
member of the sheriff's department, district
attorney's office, marshals' offices or constable's
office, who has successfully completed at least
one probationary period and who occupies a
*For peace officer training fund, seeCh. 62-6, this code.
(Contra Costa County 3-15-78)
permanent full-time position, in pay status, as a
peace officer in this county.
(c) "Intermediate peace officers standards
and training certificate" and "advanced peace
officer standards and training certificate" have
the meanings defined in the regulations of the
Commission on Peace Officer Standards and
Training of the California State Department of
Justice. (P.O.S.T.). (Ords. 72-60 ~ 2 (part),
71-31 ~ 1, 69-31 ~ I (part): prior code ~
2441.2(b)).
36-8.806 Incentive program - Intermediate
certificate. Every officer below the class of:
Lieutenant in the sheriff's department, district
attorney investigator grade II in the district
attorney's office or marshal I in a marshal's
office shall receive a career incentive allowance
of two and one-half percent of base pay per
month for the possession of a valid intermediate
P.O.S.T. certificate. (Ords. 73-64 ~ 2, 72-60 ~ 2
(part), 71-31 ~ 2, 69-31 ~ I (part): prior code ~
2441.2(c)).
36-8.808 Incentive program - Advanced
certificate. Every officer up to and including the
class of: Lieutenant in the sheriff's department,
district attorney investigator grade II in the
district attorney's office or deputy marshal II in
a marshal's office shall receive a career incentive
allowance of two and one-half percent of base
pay per month for the possession of a valid
advanced P.O.S.T. certificate. (Ords. 73-64 ~ 3,
72-60 ~ 2 (part), 71-31 ~ 3, 69-31 ~ I (part):
prior code ~ 2441.2(d)).
36-8.810 Incentive program - Pay status.
These allowances shall be in addition to regular
compensation and shall not be considered part
of the base pay for payroll computation
purposes. (Ords. 72-60 ~ 2 (part), 69-31 ~ I
(part): prior code ~ 2441.2(e)).
36-8.812 Incentive program - Continued
eligibility. Notwithstanding Sections 36-8.806
and 36-8.808, in order to remain eligible for
career incentive allowances, each employee shall,
after attaining the required certificate(s), show
continuing professional development by each
year successfully completing at least sixty hours
of approved education or training or at least
three approved college semester units of credit,
or an approved combination thereof,
conforming to his current or anticipated duties
70
which are necessary and of direct value to the
county and relevant to his general field of work.
(Ords. 72-60 ~ 2 (part), 69-31 ~ 1 (part): prior
code ~ 2441.2(f)).
36-8.814 Incentive program - Exceptions
to continued eligibility. (a) An officer otherwise
entitled to the allowance under' Section
36-8.806 need not meet the requirements of
Section 36-8.812 if he has a bachelor's degree
from an accredited college or university.
(b) An officer otherwise entitled to the
allowance under Section 36-8.808 need not
meet the requirements of Section 36-8.812 if he
has a master's degree from an accredited college
or university. (Ord. 72-60 ~ 2 (part)).
36-8.815 Incentive program - Post-graduate
training. (a) Every officer below the class of
lieutenant in the sheriffs department,
supervising inspector in the district attorney's
office, or marshal in a marshal's office, who has
a valid intermediate P.O.S.T. certificate and a
bachelor's degree from an accredited college or
university, and who continues his education as
provided in Section 36-8.812, shall receive, in
lieu of any other allowMlce under this article
and section, a career incentive allowance of
three and one-half percent of base pay per
month.
(b) Every officer up to and including the
class of lieutenant in the sheriffs department,
supervising inspector in the district attorney's
office, or marshal in a marshal's office who has a
valid advanced P.O.S.T. certificate and a
master's degree from an accredited college or
university, and who continues his education as
provided in Section 36-8.812, shall receive, in
lieu of any other allowance under this article
and section, a career incentive allowance of
seven and one-half percent of base pay per
month. (Ords. 76-83 ~ 1, 74-81 ~ 2).
36-8.816 Incentive program - Exceptions
to program. (a) Additional Training. No
allowance shall be paid under Sections 36-8.802
through 36-8.818 for any education or training
taken and! or completed by an officer after
attaining an intermediate P.O.S.T. certificate
unless on his own time and at no cost to the
county.
(b) Class Specifications. No allowance shall
be paid under Sections 36-8.802 through
36-8.818 for possessing a P.O.S.T. certificate
SPECIAL PROVISIONS
36-8.814-36-8.1004
required by the minimum qualifications of the
class in which the officer has permanent status.
(Ord. 72-60 ~ 2 (part)).
71
.
36-8.818 Incentive program
Administrator's regulations. The county
administrator shall promulgate regulations to
effectuate Sections 36-8.802 through 36-8.818,
consistent with this code and the civil service
commission's regulations. (Ords. 72-60 ~ 2
(part), 69-31 ~ 1 (part): prior code ~
2441.2(h)).
36-8.820 Standards and training of local
corrections and probation officers. (a) State
Standards. While receiving any state aid pursuant
to Penal Code Sections 6040 ff., this county will
adhere to the standards of recruitment and train-
ing established by the State Board of Correc-
tions.
(b) County Coordinator. For the purpose of
receiving this state aid, the county probation of-
ficer is designated as the county coordinator.
(Ord. 80-82: Penal Code ~ 6041).
Article 36-8.10
Overtime
36-8.1002 Overtime - Pay and regulations.
(a) Pay - Exception. All overtime as defined in
Section 36-6.404 shall be compensated at one
rate; but no employee with authority to
schedule work time for himself or others shall
receive overtime pay.
(b) Regulations - Compensatory Time. The
county administrator shall promulgate regula-
tions to implement this section and Section
36-6.404, consistent with this code. The regula-
tions shall provide for a periodic choice by in-
dividual employees entitled to choose, whether
to be paid at the overtime rate or to receive
compensatory time off at the rate established
by board resolution. The regulations shall pro-
vide for accrual of such compensatory time off,
which shall be in addition to permissible holiday
time accumulation and total vacation accumula-
tion permitted under Section 36-6.602. The
regulations may provde for a certain fixed basis
per year or per month regardless of the number
of actual or overtime holidays worked during
the period by the various employees choosing
this method of compensation. (Ords. 78-19 ~ 2,
1747, 1650, 1649, 1493, 1463: prior code ~
244l(i): Ords. 1334, 1285).
36-8.1004 Overtime pay by resolutions. The
board may from time to time by resolution
make provisions, in addition to but not in con-
flict with ordinance provisions, for extra payor
other benefits to employees for work in addition
to their normal work times. (Ord. 79-111).
(Contra Costa County 5-81)
36-8.1202-36-8.1604
PERSONNEL
Article 36-8.12
Insurance
36-8.1202 Insurance - General regulations.
(a) General. The county shall provide programs
of insurance covering such aspects of life, acci-
dent, health, disability and liability as are speci-
fied here or by other board action.
(b) Eligibility Generally. Section 36-6.202(a)
notwithstanding, all of the following whose
work schedule is at least half of the normal
full-time working schedule are eligible and may
choose to participate in this program by
applica tion to the county: all elective and
appointive officers of the county and judicial
and other designated districts, physicians and
dentists employed by the county pursuant to
contract, and all permanent employees
occupying permanent positions. The program(s)
may include families, dependents, retired
persons and the like.
(c) Subvention. The county's contribution to
the premium(s) or other charge(s) of each
covered person is payable for any month in
which he draws compensation for actual time
worked or is credited for work time through
vacation or sick leave accruals. The board shall
fix from time to time the amounts of the
premium(s) or other charge(s) and of the
county's contribution(s) thereto.
(d) Administrative Regulations. This
program, the payment of the county's
contribution (s), the arrangements for- coverage
of eligible persons and other administrative
details shall be subject to the agreements made
from time to time with the person(s) offering
this service and to such regulations promulgated
by the county administrator as may be necessary
to carry out the intent of this division including
coverage of part-time positions, those receiving
retirement benefits under the employee
retirement system of this county, employees on
stipendiary educational leave and others. (Ords.
73-61 S 1, 71-48 S 1, 70-43 S 2, 68-35 S 1,
1758, 1677, 1559, 1543, 1493: prior code S
24410): Ords. 1334 S 6, 1285 S 8).
(Contra Costa County 5-81)
Article 36-8.14
Continuing Pay
36-8.1402 Continuing pay - Disability
absence. (a) A permanent employee shall
continue to receive his full regular salary during
any period of compensable temporary disability
absence. "Compensable temporary disability
absence," for the purpose of this section, is any
absence due to work-connected disability which
qualified for temporary disability compensation
under the Workmen's Compensation Law set
forth in Division 4 of the California Labor Code.
When any disability becomes permanent, the
salary provided in this section shall terminate.
(b) The employee shall return to the county
all temporary disability payments received by
him from the State Compensation Insurance
Fund.
(c) No charge shall be made against sick leave
or vacation for these salary payments. Sick leave
and vacation rights shall not accrue for those
periods during which such salary payments are
made.
(d) The county contribution to the
employees group medical plan under Section
36-8.1202 shall continue during any period of
compensable temporary disability absence.
(e) The maximum period for the described
salary continuation for anyone injury or illness
shall be one year from the date of temporary
disability. (Ords. 1650, 1591,1493,1463: prior
code S 2441 (k)).
Article 36-8.16
Allowances
36-8.1604 Allowances - Personal property
loss. Every employee of this county and regular
and marine patrol reserves of the office of the
county sheriff shall be compensated for the loss
or damage, without his fault and in the course of
his employment, of the employee's personal
property necessarily worn or carried in order to
fulfill the duties and requirements of his
employment. The measure of this compensation
shall be the repair or replacement cost of the
property. No employee shall be compensated for
such loss or damage until he has made every
reasonable attempt to obtain reimbursement
from every other person liable for the loss or
damage. Claims for this compensation shall be
processed according to order of the board of
supervisors. (Ords. 1560, 1493, 1470: prior code
S 2443(c): Ords. 1456, 1!Jt!-1, 1285).
72
36-8.1606 Allowances - Police dogs. Each
deputy sheriff who, upon assignment from the
sheriff, owns and provides care and feeding in
his home to a dog used for police work shall
receive an allowance of eighty dollars per month
to cover the ordinary expenses of such care and
feeding, subject to such regulations as may be
promulgated by the county administrator.
(Ords. 74-80 ~ 3, 69-15 ~ 1,1470: prior code ~
2443(d): Ords. 1456, 1441,1285).
72-1
SPECIAL PROVISIONS
36-8.1606
(Contra Costa County 7-80)
Article 36-8.18
Travel
36-8.1802 Travel - Mileage. Subject to
limitations elsewhere provided and upon
rendering detailed expense accounts, all county
and judicial district officers, deputies and
employees shall be allowed their actual (not
constructive), reasonable and necessary expenses
in performing their official duties, including
travel therein. For such expenses of travel
necessarily done by private automobile, unless
provided otherwise by board resolution,
employees shall be allowed seventeen cents per
mile up through three hundred miles per month,
twelve cents for three hundred one through
seven hundred miles and seven cents per mile
over seven hundred. The county administrator
shall promulgate regulations covering these
matters and the submission of these account'
claims to the auditor-controller. (Ords. 77-114 ~
2, 74-44, 71-48 ~ 2, 68-44, 1493, 1470: prior
code ~ 2443(a); Ords. 1456, 1441, 1285, etc.,
215 ~ 23).
36-8.1804 Travel Advance amounts.
Officers, deputies and employees who travel
beyond the territorial limits of this county on
official business shall be entitled to receive in
advance of travel an amount equal to the
estimated expenses to be incurred. If the
advanced amount exceeds the amount of
expenses actually and necessarily h,curred, the
excess shall be repaid to the county upon the
return of the officer, deputy or employee to this
county. (Ords. 1493, 1470: prior code ~
2443(b): Ords. 1441, 1285).
Article 36-8.20
"4-10" Shift
36-8.2002 "4-10" shift - Exceptions from
Chapters 36-6 and 36-8. The provisions of
Sections 36-8.2002 through 36-8.2010 are an
exception to the general rules in Chapters 36-6
and 36-8; but, except as otherwise provided in
Sections 36-8.2002 through 36-8.2010, the
provisions of this code apply to the employment
described herein. (Ord. 72-85 ~ 1 (part)).
36-8.2004 "4-10" shift - Employees. "4-10"
shift employees are those employees of the
sheriff's department who are assigned to work
four ten-hour days per week. (Ords. 79-75, 72-
85).
AWARD PROGRAM
36-8.1802-36-8.2010
36-8.2006 "4-10" shift - Normal work
schedule. The normal work schedule for "4-10"
shift employees is four ten-hour working days,
during a work week consisting of any seven-day
period. (Ord. 72-85 ~ 1 (part)).
36-8.2008 "4-10" shift - Overtime. Except
as otherwise provided in Sections 36-8.2002
through 36-8.2010, overtime for "4-10" shift
employees shall be any authorized service
exceeding their normal "4-10" shift work
schedule, and shall be compensated at one and
one-half times the employee's basic hourly
salary rate. (Ord. 72-85 ~ 1 (part)).
36-8.2010 "4-10" shift - Holidays. (a)
Credit for Holidays. Credit for holidays shall be
given either on the holiday if it falls on the
"4-10" shift employee's regular working day or
on his next regular working day if it falls on one
of his regular days off.
(b) Holiday Overtime Pay. Each "4-10" shift
employee shall receive overtime pay for holidays
to the extent that regular county employees are
credited with holiday time. Holiday "overtime
pay" includes compensatory time off for
holidays pursuant to the county administrator's
regulations under Section 36-8.1002.
(c) Absence on Holiday. The maximum time
charged to sick leave, vacation or leave without
pay on a holiday shall be two hours. (Ord. 72-85
~ 1 (part)).
Chapter 36-10
AWARD PROGRAM
Article 36-10.2 Service Recognition
Sections:
36-10.202
36-10.204
Service recognition-Program
administration.
Service recognition-
Calculating service.
Service recognition -Service
pins.
Safety Suggestions
36-10.206
Article 36-10.4
Sections:
36-10.402
Article 36-10.6
Sections:
36-10.602
Safety suggestions- Awards.
Safe Driving
Safe-driving awards.
73
(Contra Costa County'9-15-79)
36-10.202-36-11.004
PERSONNEL
Article 36-10.2
Service Recognition
36-10.202 Service recognition - Program
administration. A program of recognition for
length of service in the employment of this
county is established. Responsibility for the
administration of this program is in the
personnel department. (Prior code ~ 2460: Ord.
787).
36-10.204 Service recognition - Calculating
service. The length of service credits of each
employee of the county shall date from the
beginning of the last period of continuous
county employment (including temporary,
provisional, and permanent status, and absences
en approved leave of absence). When an
employee separates from a permanent position
in good standing and within two years is
reemployed in a permanent county position,
service credits shall include all credits
accumulated at time of separation, but shall not
include the period of separation. The personnel
director shall determine these matters based on
the employee status records in his department.
(Ords. 76-71 ~ 1, 1838: prior code ~ 2461: Ord.
787).
36-10.206 Service recognition - Service
pins. (a) Time of Making Awards. Awards for
service shall be made at intervals prescribed by
the board of supervisors.
(b) Form of Awards. Service awards shall be
a pin, tie clip or similar item (herein called pins),
and in addition, after thirty years of service, a
timepiece. Their type and desip shall be
prescribed by board resolution.
(c) Frequency of Awards. The first service
pin shall be awarded after each employee's first
ten years of service. Thereafter a new and
distinguishable pin shall be awarded after each
additional five years of service. Elected officials
with eight years or more of service who leave the
county service shall be presented with a service
pin showing the actual number of years served
by them. (Ords. 67-74 ~ 1, 1838: prior code ~
2462: Ords. 826, 787).
Article 36-10.4
Safety Suggestions
36-10.402 Safety suggestions - Awards.
There is established. a program of awards to
(Contra Costa County 9-15-79)
county personnel for safety suggestions
beneficial to the county service. The county
administrator is authorized to promulgate
regulations for this program. (Ord. 68-18 ~ 1:
prior code ~ 2464.5).
Article 36-10.6
Safe Driving
36-10.602 Safe-driving awards. (a) Program.
To encourage and reward safe driving, the
sheriff-coroner shall maintain a safe-driving
award program for personnel in that
department, and shall promulgate such
regulations as necessary to implement it.
(b) Awards. These awards shall be given for
these amounts of safe driving:
(1) 25,000 miles - Pocket-size badge holder;
(2) 50,000 miles Pocket-style gold
duplicate badge;
(3) 75,000 miles - Fifty-dollar U.S. Savings
Bond Series E;
(4) 100,000 miles - One-hundred-dollar U.S.
Savings Bond Series E;
(5) 150,000 miles - Timepiece suitably
engraved, not to cost county more than one
hundred fifty dollars. (Ord. 76-42).
EXEMPT MEDICAL STAFF
Chapter 36-11
Sections:
36-11.002
36-11.004
36-11. 006
36-11.008
36-11.010
36-11.012
Scope.
Employees covered.
Terms of employment and
compensation.
Appointments.
Physician call.
Additional duties.
36-11.Q02 Scope. This chapter supersedes
all of the other provisions of Division 36 except
as expressly made applicable by this chapter.
(Ord. 77-38 ~ 1 (part)).
36-11.004 Employees covered. This chapter
applies to all exempt medical staff employed in
the health services agency whose job
classification titles are prefaced by "exempt
medical staff." (Ords 79-91 ~ 2, 77-38).
74
36-11.006 Terms of employment and
compensation. The board shall by resolution
from time to time prescribe or provide for the
number, compensation, tenure, and
appointment of exempt medical staff, including
the terms and conditions of their employment
and their rates of pay. (Ord. 77-38 ~ 1 (part)).
36-11.008 Appointments. Upon appointing
each exempt medical staff member, the
appointing authority or designee shall allocate
him to a level on the proper salary range, based
on his qualifications as determined by guidelines
established by board resolution. (Ord. 77-38 ~ 1
(part)).
36-11.010 Physician call. In addition to
their compensation for regular duties, exempt
medical staff physicians may be compensated
for time spent on physician call. The rate of
compensation for each exempt medical staff
physician shall be established by the appointing
au thority or designee, from a range of pay rates
authorized by resolution of the board.
Designation of the rate will be at the discretion
of the appointing authority or designee who
shall consider guidelines to be established by
resolution of the board which may include the
amount of time spent on physician call, the
professional demands of the service, the
frequency and duration -of recall incidents and
the professional qualifications of the physician.
(Ord. 77-38 ~ 1 (part)).
36-11.012 Additional duties. In addition to
their regular duties, an exempt medical staff
member may be compensated for time spent
performing additional assigned duties which may
consist of any authorized service performed in a
clinical program or facility which is outside the
exempt medical staff member's normal duties
and responsiblities and which is performed
outside of their normal work hours. (Ord. 77-38
~ 1 (part)).
REGISTERED NURSES
36-11.006-36-14.004
Chapter 36-12
REGISTERED NURSES
Sections:
36-12.002
36-12.004
Scope.
Terms of employment and
compensation.
Appointments.
36-12.006
36-12.002 Scope. This chapter applies to all
employees in the "registered nurse" classifica-
tion(s), and for them it supersedes all of the
other provisions of Division 36 except as ex-
pressly provided in this chapter or in board
resolutions. (Ord. 79-91 ~ 1).
36-12.004 Terms of employment and com-
pensation. The board shall by resolution from
time to time prescribe and/or provide for the
number, compensation, tenure, and appoint-
ment of these employees, including the terms
and conditions of their employment and their
rates of pay. (Ord. 79-91 ~ 1).
36-12.006 Appointments. When appointing
each such employee, the appointing authority
shall allocate her to a level on the salary range,
based on her qualifications in accordance with
guidelines established by board resolution. (Ord.
79-91 ~ 1).
Chapter 36-14
PUBLIC HEALTH NURSES
Sections:
36-14.002
36-14.004
Scope.
Terms of employment and
compensation.
Appointments.
36-14.006
36-14.002 Scope. This chapter applies to all
employees in all "public health nurse" classifica-
tion(s), and for them it supersedes all of the
other provisions of Division 36 except as
expressly provided in this chapter or in board
resolutions. (Ord. 79-117).
36-14.004 Terms of employment and
compensation. The board shall by. resolution
from time to time prescribe and/or provide for
the number, compensation, tenure, and appoint-
ment of these employees, including the terms
74-1
(Contra Costa County 7-80)
36-14.006-38-2.002
PERSONNEL
and conditions of their employment and their
rates of pay. (Ord. 79-117).
36-14.006 Appointments. When appointing
. each such employee, the appointing authority
shall allocate that person to a level on the salary
range, based on that person's qualifications in
accordance with guidelines established by board
resolution. (Ord. 79-117).
Chapter 36-16
DEPUTY DISTRICT ATTORNEYS
Sections:
36-16.002
Terms of employment by
resolution.
36-16.002 Terms of employment by resolu-
tion. The board may, from time to time by
resolution, prescribe and/or provide for the
number, compensation, tenure, and appoint-
ment of fixed-term entry-level deputy district
attorneys, including the terms and conditions of
their employment and the rates and methods of
their compensation, notwithstanding the pro-
visions of this Division 36. (Ord. 80-21: see S
32-4.682).
Chapter 36-18
DEEP CLASS
Sections:
36-18.002
36-18.004
36-18.006
36-18.008
Scope.
Deep class defined.
Terms of employment and
compensation.
Appointments.
36-18.002 Scope. This chapter applies to all
employees in all deep classes, and for them it
supersedes all of the other provisions of Division
36, except as expresssly provided in this chapter
or in board resolutions; provided, that this chap-
ter shall not be applied to registered nurses
covered by Chapter 36-12 or public health
nurses covered by Chapter 36-14. (Ord. 80-23).
36-18.004 Deep class defined. "Deep class"
means a group of positions with duties of dif-
ferent levels of difficulty, responsibility, and/or
authority, but of sufficient similarity that the
(Contra Costa County 7-80) 74-2
class title describes each position in the class,
and for which the board has adopted a salary
schedule of more than five steps. (Ord. 80-23).
36-18.006 Tenus of employment and
compensation. The board shall by resolution
from time to time prescribe and/or provide for
the number, compensation, tenure, and appoint-
ment of these employees, including the terms
and conditions of their employment and their
rates of pay. (Ord. 80-23).
36-18.008 Appointments. When appointing
each such employee, the appointing authority
shall allocate that person to a level on the salary
range, based on that person's qualifications in
accordance with guidelines established by board
resolution. (Ord. 80-23).
Division 38
RETIREMENT
Chapters:
38-2 System
38-4 Miscellaneous Provisions
Chapter 38-2
SYSTEM
Sections:
38-2.002
Established.
38-2.002 Established. The Contra Costa
County employees' retirement system became
operative on July 1, 1945, having been
established pursuant to the County Employees'
Retirement Law of 1937 (Chapter 3 of Part 3 of
Division 4 of Title 3 of the Government Code,
beginning with Section 31450) by Ordinance
326 passed on March 6, 1944, and adopted by
the electorate on November 7, 1944. (Ord.
1573: prior code S 2465: Ord. 326).
MISCELLANEOUS PROVISIONS
Chapter 38-4
MISCELLANEOUS PROVISIONS
Article 38-4.2 Adjustments
Sections:
38-4.202
Adjustments-Applicability of
Government Code provisions.
38-4.204 Adjustments-Cost of living.
Article 38-4.4 Partially Disabled Persons
Sections:
38-4.402
Article 38-4.6
Sections:
38-4.602
Partially disabled persons-
Applicability of Government
Code provisions.
Service Credits
Sick leave.
Article 38-4.2
Adjustments
38-4.202 Adjustments - Applicability of
.Government Code provisions. The provisions of
Government Code Sections 31681.5 and
31739.3 (1961 Stats. Chapter 1120) shall be
applicable in this county on December 1, 1961,
operative on retirement allowances paid for the
month of December, 1961. (Ord. 1573: prior
code ~ 2466).
38-4.204 Adjustments - Cost of living.
Pursuant to Government Code Section 31874,
the provisions of Sections 31870 ff., relating to
a cost of living adjustment in the county
employees' retirement system, are made
applicable in Contra Costa County on and after
April 1, 1964, an actuarial survey of the system
having heretofore been made by this county.
(Ord. 1788: prior code ~ 2467).
Article 38-4.4
Partially Disabled Persons
38-4.402 Partially disabled persons
Applicability of Government Code provisions.
The provisions of Government Code Section
31725.5 are made effective in this county.
The board of retirement shall implement
these provisions by suitable regulations, which it
may make applicable to persons heretofore-
retired for disability. These regulations shall
include provision for a rehabilitation committee
consisting of:
(1) A member of the retirement board
designated by the board;
38-4.202-38-4.602
(2) The comity administrator; and
(3) Director of personnel; or
(4) Their designees;
(5) For each employee's rehabilitation
program, the head of the department in which
the rehabilitation employment is proposed; and
(6) If requested by the employee involved, a
representative of the employee.
These regulations shall provide that each
proposed rehabilitation case shall be referred to
the board of supervisors for its discretionary
approval; but the appointing authority in each
rehabilitation case shall be the appointing
authority of the department to which the
position is allocated.
Necessary complementary merit system
regulations shall be adopted to implement this
program. (Ord. 67-37 ~ 1, 1967: prior code ~
2468).
Article 38-4.6
Service Credits
38-4.602 Sick leave. Pursuant to
Government Code. Section 31641.01, each
member of the retirement system shall be
credited with one day of service under Section
31641 for each one day of sick leave
accumulated as of the date of his retirement,
and this sick leave credit shall be in addition to
any other service credited under Section 31641.
(Ord; 73-55 ~ 1, 1973).
74-3
(Contra Costa County 7-80)