EL DORADO COUNTY CHARTER
ARTICLE V
PERSONNEL
501. Policy.
It shall be the policy of the county to recruit, select and retain the best qualified officers and employees, and to effect equal opportunity for all persons at all levels of county employment in accordance with provisions of the charter and pursuant to state and federal law.
The county shall appoint, evaluate, transfer, promote, compensate, discipline, and dismiss employees on the basis of job related qualifications, performance, merit, and equal employment opportunity.
Equality of employment rights shall not be abridged or denied to persons employed or seeking employment on the basis of race, creed, color, marital status (excluding nepotism), sex, sexual orientation, age, national origin, disability, religious or political opinion or affiliation, or any non job-related factor pursuant to state and federal law.
The Board of Supervisors shall establish and amend, by Resolution, Personnel Rules in accordance with this Charter to implement the foregoing policies and other provisions of this charter.
502. Civil Service.
This section is enacted pursuant to provisions of Government Code 31100 et seq. for the purpose of maintaining the limited Civil Service System for the county. The Civil Service System shall be limited to those matters and the jurisdiction defined and described in section 502.3.
The provisions of the county's limited Civil Service System shall apply to officers and employees who have achieved civil service status as provided for in the Personnel Rules adopted and as may be amended, by the Board of Supervisors or in any Memoranda of Understanding implemented in accordance with Government Code section 3500, et seq. (Meyer-Milias Brown Act), and who are not exempted from coverage as unclassified employees.
502.1 Classified and Unclassified Employees
The classified service consists of all positions in which employees have achieved civil service status except those positions designated as unclassified below.
The unclassified service consists of:
a. elected county officers;
b. appointed department heads;
c. all appointed boards, committees and
commissions;
d. all persons serving without compensation
(compensation does not include incidental fees and expenses);
e. casual patient and inmates at county institutions;
f. the following administrative personnel charged with making policy decisions: Deputy Director of Welfare; Undersheriff; The Undersheriff shall have the right to return to a former classified position in accord with county ordinance;
g. any person holding a confidential position to each member of the Board of Supervisors;
h. persons employed to render professional, scientific, technical or expert services on a temporary basis for a specific project;
I. persons covered under State Merit Systems;
j. persons employed as independent contractors pursuant to contracts, as authorized by the Board of Supervisors.
k. persons otherwise excluded by operation of law.
The Board of Supervisors shall have the right for good cause and after written notice to affected parties, to make "de minimis" changes which amend the foregoing list.
502.2 Civil Service Commission
The Board of Supervisors shall appoint a Civil Service Commission in the County of El Dorado. The Civil Service Commission shall consist of five members, one nominated by each supervisor and appointed by the Board of Supervisors. Each member of the Commission shall be a qualified elector of the county and not an employee or officer of the county. The term of each Civil Service Commissioner shall be coterminous with the term of the nominating supervisor. Members may only be removed during a term by the Board of Supervisors for neglect of duty, malfeasance or misconduct in office, or other good cause shown.
The Civil Service Commission may designate one or more of its members or a neutral hearing officer, if agreed upon by the parties, to hear appeals within the purview of the Commission subject to the provisions of section 502.3.
The Civil Service Commission shall prescribe and maintain Commission Procedures, approved by resolution of the Board of Supervisors, which provide for the orderly conduct of the Commission's business.
502.3 Scope of Authority of Civil Service Commission
The Civil Service Commission shall hear only the following matters:
(a) discipline of classified employees with permanent status;
(b) complaints of unlawful discrimination in personnel matters;
(c) other matters as may be provided for in the Personnel Rules, Memoranda of Understanding between the county and representing employee organizations, or Board Policy.
502.4 Disciplinary Actions
Any officer or employee in classified civil service who, in accordance with the Personnel Rules, has achieved civil service status, may be dismissed, suspended without pay, or reduced in rank or compensation by the appointing authority. Such action shall be taken in accordance with procedures set forth in the Personnel Rules and shall include provision of written notice of the proposed action, the location of all written material, reports or documents upon which the action is based, and the right of the employee to respond orally or in writing. Employees in classified service may appeal the final determination of the appointing authority to the Civil Service Commission. The Commission shall, upon request of the employee, order a hearing in accordance with procedures set forth in the Personnel Rules and the Commission's Procedures.
The Commission may either affirm, modify or revoke the decision of the appointing authority in disciplinary actions. The findings and decision of the Commission or authorized designee shall be final and binding, shall be certified to the department head or officer whose action was the subject of the hearing, and forthwith enforced and followed by the department head or officer.
502.5 Other Remedies
The Civil Service Commission may, in appeals of discrimination complaints or other matters as provided for in section 502.3, have the authority to direct remedial actions as provided for in rules provided for by the Board of Supervisors or as provided by Memoranda of Understanding or agreement of the parties.
502.6 Subpoenas
The Chair of the Civil Service Commission, or a designee authorized by the Commission Procedure Rules, shall have the power to issue subpoenas and subpoenas duces tecum. Compensation for persons subpoenaed shall be as provided for in the Commission's Rules.
This power shall be exercised and enforced in the same manner as the subpoena power granted to the Board of Supervisors in the California Government Code, except that the power shall extend only to matters within the Commission's lawful jurisdiction.
Witnesses subpoenaed by the Commission shall be paid fees in the same amount and in the same manner as provided for in the California Government Code.
Subpoenas shall be signed by the chairman or secretary of the Commission.
Any member of the Commission, or any member otherwise so empowered may administer oaths to, or take affirmations from, witnesses before the Commission.
503. Compensation of Elected Officials Officers and Employees.
Compensation for elected officials, officers and employees shall be prescribed by the Board of Supervisors by Ordinance, Resolution or Memoranda of Agreements.
504. Sheriff's Salary Limitation.
The Sheriff's Salary initiative, commonly known as Measure A, and passed by a majority of the voters at a general election on November 7, 1972, is hereby repealed.
The Board of Supervisors shall, at least annually determine the existing average salaries for the South Lake Tahoe Police Department, Amador County Sheriff's Department and the California Highway Patrol for each class of position employed by said agencies. Effective on the first day of January of each year after this charter provision first becomes effective, the Board of Supervisors shall adjust and determine that the average salary for each class of position as set forth herein be at least equal to the average of the salaries for the comparable positions in the South Lake Tahoe Police Department, Amador County Sheriff's Department and the California Highway Patrol.
As used herein, the term "comparable class of position" shall mean a group of positions substantially similar with respect to qualifications or duties or responsibilities using the following positions as guidelines:
Undersheriff
Captain
Lieutenant
Sergeant
Deputy Sheriff
Clerk
The provisions of this section shall prevail over any otherwise conflicting provisions of this charter or general law which may relate to salaries of County officers or employees who are not elected by popular vote.
[Amended by Charter Amendment ratified November 7, 1995, effective January 26, 1996; Stats. 1996, ch. 2]