CHAPTER 7. COUNTY EMPLOYEES
ARTICLE 1. GENERAL PROVISIONS
1-07-1000 COUNTY HUMAN RESOURCES AND DEVELOPMENT DEPARTMENT: HUMAN RESOURCES AND DEVELOPMENT DIRECTOR: DUTIES:
A County Human Resources and Development Department is hereby established. Said Department shall be under the supervision of the Human Resources and Development Director. The Human Resources and Development Director shall be appointed by the Board of Supervisors pursuant to 1-03-1020. It shall be the duty of the Human Resources and Development Director to administer the provisions of this Chapter, and the rules and regulations adopted pursuant to this Chapter, and to carry out the following duties:
(a) Develop, in cooperation with appointing authorities and others, programs for the improvement of employee effectiveness.
(b) Encourage and exercise leadership in the development of effective personnel administration within the County departments.
(c) Investigate periodically the operation and effect of this Chapter and the rules and regulations adopted pursuant to this Chapter and prepare recommendations for improvement of the personnel system.
(d) Maintain procedures for evaluating the performance of employees.
(e) Evaluate regularly the salary schedules for the competitive service, noncompetitive service and elective service.
(f) Implement and administer the employment relations policies established by the Board of Supervisors.
(g) Devise and put into use such procedures and forms as are necessary for the administration of the personnel programs required by this Chapter and the rules and regulations adopted by the Board of Supervisors pursuant to this Chapter.
(Amended by Ord. No. 3633, effective 12-28-23)
1-07-1005 RULES AND REGULATIONS:
The Board of Supervisors shall establish rules and regulations, and amend the same from time to time, for the operation of the personnel system of the County. Such rules and regulations shall have the force and effect of law and, among other things, shall provide for the following:
(a) The classification of all positions in the competitive, noncompetitive and project service and the minimum standards and qualifications for each classification which must be met by all applicants.
(b) A public announcement of all examinations for the competitive service and admittance to examinations of all applicants who meet the announced provisions of the examination or selection process.
(c) Open or promotional competitive examinations to test the fitness of applicants for positions in the competitive service of the County, with the choice of the specific examination appropriate to each recruitment situation to be determined by the Human Resources and Development Director.
(d) The establishment of eligible lists resulting from competitive examinations and from lay offs.
(e) Certification to the appointing authority of the appropriate eligibles for a class whenever a position in the County service is to be filled.
(f) A probationary period for each class in the competitive or project service during which the appointing authority may terminate employment without any right of hearing on the part of the employee.
(g) Regular status after completion of the probationary period, subject to dismissal, suspension or demotion for cause.
(h) Appointment to positions in the competitive service on a provisional basis of persons who meet the minimum qualifications for the class when there is no eligible list for the class.
(i) Appointment to temporary, extra help or project service positions.
(j) Transfers, separations, dismissals, suspensions, promotions, demotions, lay offs and reemployment privileges, including cause for dismissal, suspension and demotion.
(Amended by Ord. No. 3633, effective 12-28-23)
ARTICLE 3. COMPENSATION PROVISIONS
1-07-1055 SAME: ADDITIONAL SALARY: RETIREMENT CONTRIBUTIONS:
(a) The Board of Supervisors has, by resolution, made sections 31621.3 and 31639.5 of the Government code of the State of California effective in the County and the effect of said sections is that the County pays a portion of the retirement contributions for County officers and employees. Any officer or employee who has more than thirty (30) years of service as a member of the retirement system in Tiers 1, 2, or 3 and, for that reason, does not make any contributions to the retirement fund shall receive two and one half percent (2 1/2%) additional compensation over and above the salary to which such officer or employee would otherwise be entitled, or shall receive such additional compensation as will equal one half (1/2) of the normal contribution for such officer or employee, whichever is greater. If said two and one half percent (2 1/2%) in additional compensation is within One Dollar ($1.00) per pay period of the amount reached under the second method of computation set forth above, the two and one half percent (2 1/2%) increase shall be paid rather that computing the increase by the second method.
(b) Any officer or employee in Tier 4 of the retirement system who has more than thirty (30) years of service as a member of the retirement system shall continue to make contributions to the retirement fund pursuant to Resolution No. 2013-0025 and shall not receive any additional compensation over and above the salary to which such officer or employee would otherwise be entitled.
(Amended by Ord. No. 3445, effective 2-5-13)
1-07-1060 COMPENSATION OF SUPERVISORS:
(a) Each member of the Board of Supervisors shall receive a fixed rate base salary as payment for all services. This amount is intended to be and is the full salary for the member’s service as a member of the Board of Supervisors, and as a member of the board of any other entity for which the Board of Supervisors sits as the governing body.
(b) In addition to the salary set forth in subdivision (a) of this section, the Chairman of the Board of Supervisors shall receive an additional amount of eight percent of base salary for all services performed as Chairman.
(c) In addition to the salary set forth in subdivision (a) of this section, the Vice-Chairman of the Board of Supervisors shall receive an additional amount of four percent of base salary for all services performed as Vice-Chairman.
(d) The Board of Supervisors and County elected officers may receive base salary increases, if any, only one time yearly, at the adoption of the annual budget. These increases will be done via Action items on the Board of Supervisors agenda, not on the consent portion. Any increase to the salary of the Board of Supervisors will be effective sixty (60) days after the adoption of the annual budget. Any increase to the salary of all other elected officials will be effective at the adoption of the annual budget.
(Amended by Ord No. 3211, effective October 22, 1998; amended by Ord. No. 3444, effective 2-16-13; amended by Ord. No. 3558, effective 06-29-19)
1-07-1065 SAME: RETIREMENT CONTRIBUTIONS:
(a) Any Board member may elect to become a member of the Tulare County Retirement Association pursuant to the rules and regulations of that Association, and shall make employee contributions as required by said Association. The County shall make employer contributions for any member so electing as for any other County employee. The County shall make contributions on behalf of any member so electing to the same extent that employee contributions are made on behalf of any other elected official.
(b) If the Board member makes no retirement contribution to the County retirement system; and, therefore, does not qualify for the payment to be made under paragraph (a) of this section, the
County shall pay such Board member in the paycheck for the last pay period in each fiscal year, starting with the fiscal year 1991-92, and in the paycheck for the thirteenth pay period in each fiscal year, starting in the fiscal year 1992-93, a one time lump sum equivalent to three percent (3%) of such Board member’s gross pay earned during the thirteen pay periods for which the lump sum is payable, exclusive of any pay period in which the Board member received additional compensation under paragraph (a).
(Amended by Ord. No. 3211, effective October 22, 1998)
1-07-1070 SAME: HEALTH AND WELFARE BENEFITS:
(a) Under the authority of Government Code section 53208, each member of the Board of Supervisors shall receive health and welfare benefits pursuant to section 1-07-1075. Pursuant to Government Code section 53208.5 subdivision (b) such benefits shall not be greater than the most generous structure of those benefits received by any category of nonsafety County officers or employees.
(b) Any former member of the Board of Supervisors, who currently or in the future has completed one or more terms of office and who agrees to and does pay the full costs of the health and welfare benefits shall receive the same health and welfare benefits as retirees of the county, under the authority of Government Code section 53201 subdivision (b).
(Amended by Ord. No. 3211, effective October 22, 1998)
1-07-1075 ELECTED OFFICERS AND MANAGEMENT BENEFITS:
(a) For the purpose of providing a uniform system of benefits to all elected officers and management employees of Tulare County, each member of the Board of Supervisors and other management employees designated by resolution shall be entitled to participate in the flexible benefits plan as set forth in Tulare County Resolution No. 95-1383 and its successor resolutions.
(b) If any other County elected officers receive any adjustment to the benefits provided pursuant to this section during any calendar year, then effective on the date of the first pay period after January 1st of the next year members of the Board of Supervisors shall receive the average adjustment of these other elected officers. Said adjustment shall be effective sixty (60) days after the date of the adjournment.
(c) Each member of the Tulare County Board of Supervisors shall be entitled to management benefits as specified in Tulare County Administrative Regulation 28 or its successor(s), to include use of a County car or, in lieu of a County car, a car allowance. Each member of the Board of Supervisors shall also be entitled to any other management benefit to which elected department heads may be entitled.
(d) Sixty (60) days before any adjustment as specified in subparagraph (b) of this section is to become effective, the County Administrative Officer shall post at the County Administrative Building a notice of said increases and the effective dates, and shall cause notice of same to be published once in a newspaper of general circulation in the County.
(Amended by Ord. No. 3211, effective October 22, 1998; amended by Ord. No. 3279, effective 12-03-02)
ARTICLE 5. VACATIONS
1-07-1130 SAME: GRANTING ADDITIONAL VACATION CREDITS:
Whenever the Board of Supervisors determines that it is in the public interest to grant additional credits for vacation to a particular employee or group of employees, in order to correct inequities or for other reasons satisfactory to the Board of Supervisors, the Board of Supervisors may, by resolution, grant such additional credits for vacation.
ARTICLE 7. SICK LEAVE
1-07-1180 SAME: GRANTING ADDITIONAL SICK LEAVE CREDITS:
Whenever the Board of Supervisors determines that it is in the public interest to grant additional credits for sick leave to a particular employee or group of employees, in order to correct inequities or for other reasons satisfactory to the Board of Supervisors, the Board of Supervisors may, by resolution, grant such additional credits for sick leave.
ARTICLE 9. SERVICE AWARDS
1-07-1230 SERVICE AWARDS:
(a) A program is hereby established for recognition of continuous full time service to the County by officers and employees of the County. Service awards shall be presented after ten (10), fifteen (15), twenty (20), twenty five (25), thirty (30), thirty five (35) and forty (40) years of continuous full time service to the County.
(b) In determining the length of service of an officer or employee for the purpose of service awards, only continuous full time service to the County shall be considered and continuous full time service shall mean a period during which the officer or employee has been employed by the County in a full time permanent position without a break or interruption. A period of employment as a provisional, temporary, part time, extra help or flat rate employee shall constitute a break in continuous full time service.
(c) Leaves of absence granted pursuant to State law or this Ordinance Code shall not be deemed to constitute a break in continuous full time service to the County, but the period of time that the officer or employee is absent from duties on such a leave of absence shall not be included when determining the length of continuous full time service, except as otherwise provided in subsection (d) below.
(d) Leaves of absence for military purposes granted pursuant to State law shall not be deemed to constitute a break in continuous full time service to the County, and the period of time that the officer or employee is absent from duties on such a military leave of absence shall be included when determining the length of continuous full time service.
(e) All continuous full time service to the Tulare Kings Counties Hospital prior to the 1st day of September, 1964, shall be deemed to have been service to the County for the purpose of service awards.
(f) The length of continuous full time service to the County shall be determined by the Human Resources and Development Director. The length of continuous full time service of an officer or employee prior to May 1, 1947, shall be ascertained from the records of the Tulare County Employees’ Retirement Association. The length of continuous full-time service of an officer or employee after May 1, 1947, shall be ascertained from the records of the Human Resources and Development Department.
(Amended by Ord. No. 3633, effective 12-28-23)
1-07-1235 SAME: PRESENTATION OF SERVICE AWARDS:
After the end of each calendar year, the Human Resources and Development Director shall certify those employees who became eligible to receive service awards during the calendar year and shall requisition the service awards required for presentation. Service awards for ten (10) years service shall be presented to the employees earning them by their department heads. Service awards for fifteen (15) years of service or more shall be presented by the Board of Supervisors.
(Amended by Ord. No. 3633, effective 12-28-23)
ARTICLE 11. SCHEDULES OF DEPARTMENTS, POSITIONS AND SALARIES
1-07-1285 SCHEDULE OF DEPARTMENTS AND AUTHORIZED POSITIONS:
The Board shall, by resolution, adopt a schedule creating the various departments of the County government, stipulating therein the numbers and kinds of positions allocated to each department, the basis of compensation for each position and any special allowances or conditions of employment. The Auditor-Controller is hereby authorized and empowered to reprint the approved schedule which reprinted schedule shall contain all of the revisions, changes and amendments theretofore adopted by the Board and the Auditor-Controller shall furnish copies of said schedule to all department heads or appointing authorities and other interested persons.
(Amended by Ord. No. 3149, effective 2-16-96)
1-07-1290 SAME: EMERGENCY APPOINTMENTS:
Whenever in the judgment of the Board of Supervisors it is necessary for the expeditious transaction of business for any County department to employ a person on an emergency basis in a type of position for which no classification or salary has been provided, the Board of Supervisors may, by resolution, authorize such employment, fix the amount of compensation, determine the minimum qualifications for the position, and limit the period of time during which the position will be allowed on an emergency basis.