ARTICLE IX. CIVIL SERVICE

Purpose of Civil Service System.⁸⁹

The purpose of this article is to establish a Civil Service System for the classified service which shall provide County government with a productive, efficient, stable, and representative work force by:

(1) Recruiting, selecting, and advancing employees on the basis of their relative ability, knowledge, and skills relevant to the work to be performed.

(2) Retaining employees on the basis of the adequacy of their performance, correcting inadequate performance, and separating employees whose inadequate performance cannot be corrected.

(3) Assuring fair treatment of applicants and employees in all aspects of personnel administration without discrimination based on political affiliation, race, color, national origin, sex, religious creed or handicap and with proper regard for their privacy and constitutional rights as citizens.

(4) Assuring that employees are protected against coercion for political purposes and are prohibited from using their official authority for the purpose of interfering with or affecting the result of an election or a nomination for office.

⁸⁹1948 Amendment. Amended by Stats. 1949, Resolution Chap. 9, P. 2880.
1978 Amendment. Amended by Stats. 1978, Charter Chap. 29.

Civil Service Commission.

The Civil Service Commission shall consist of five members appointed by the Board of Supervisors. Each member of the Commission shall be appointed for a four-year term and shall serve until a successor is appointed and qualified. The term of a Commissioner appointed prior to November 7, 1978, shall expire four years after appointment or on November 7, 1978, whichever is later. Any vacancy on the Commission shall be filled by the Board of Supervisors for a full four-year term beginning on the date of appointment. No member shall hold any other salaried County office, nor shall have been, within the year next preceding appointment, an active executive officer in any political organization. Each member shall be an elector of the County. The Board of Supervisors by a four-fifths vote of all the members may remove a member of the Commission during his or her term of office, but only upon stating in writing the reasons for such removal and allowing such member an opportunity to be publicly heard in his or her own defense.⁹⁰

⁹⁰1948 Amendment. Amended by Stats. 1949, Resolution Chap. 9, P. 2882.
1966 Amendment. Amended by Stats. 1967, Resolution Chap. 6, P. 4339.
1974 Amendment. Amended by Stats. 1975, Resolution Chap. 135, P. 3842.
1978 Amendment. Amended by Stats. 1978, Charter Chap. 29.

Director of Personnel.

The Board of Supervisors shall appoint the Director of Personnel who shall under the general direction of the Board of Supervisors, administer the Civil Service system in accordance with the provisions of this Charter and the Civil Service Rules. The Director of Personnel shall, under the direction of the Board of Supervisors, perform such other duties as may be prescribed by said Board pursuant to the provisions of Section 223/4 hereof. The Director of Personnel shall appoint all assistants, deputies, and other persons in the department.⁹¹

⁹¹1978 Amendment. Amended by Stats. 1978, Charter Chap. 29.

The Civil Service of the County is hereby divided into the unclassified and the classified service.⁹²

The unclassified service shall comprise:

All officers elected by the people.

Members of all commissions, committees and boards created by this Charter, statute or ordinance.

All heads of County agencies and departments.⁹³

In the office of the District Attorney: The Chief and one other deputy, Bureau Chiefs, Assistant Bureau Chiefs, Administrative Deputy-District Attorney, Chief Field Deputy, three Special Assistants, one secretary, and three detectives; and special counsel and special detectives for temporary employment.

In the office of the Sheriff: The Undersheriff, or Chief Deputy, one Executive Assistant, one Executive Secretary, three Field Deputies, three Assistant Sheriffs, one of whom may be non-sworn and may be appointed from outside the office of the Sheriff, and twelve Division Chiefs, two of whom may be non-sworn and may be appointed from outside the office of the Sheriff.⁹⁴ In the office of the Assessor: The Chief Deputy, one Assistant Assessor, one Executive Secretary, three Special Assistants, and four Directors.

Superintendents, principals and teachers in the school system.

All officers and other persons serving the County without compensation.

In the office of each Supervisor: All Deputies. Some or all of these Deputies may by ordinance be given a job title other than Deputy.⁹⁵

In each County agency and department: The positions, if any, of Chief Deputies, and of assistants or deputies next in line of authority to Chief Deputies.⁹⁶

The classified service shall include all other positions now existing or hereafter created.

⁹² 1948 Amendment. Amended by Stats. 1949, Resolution Chap. 9, P. 2882.
1976 Amendment. Amended by Stats. 1976, Appendix Chap. 13, P. 32.
1978 Amendment. Amended by Stats. 1978, Charter Chap. 29.
In Placer County Employees Association v. Board of Supervisors, 233 Cal. App. (2d) 55, at 558, 43 Cal. Rptr. 782 (1965) the court discusses the reasons for exempt or unclassified positions.
⁹³County Counsel has opined that the Director of Public Social Services remains in the classified services, August 31, 1976.
⁹⁴2002 Amendment. Amended by Stats. 2002, Charter Chapter No. 12.
⁹⁵1978 Addition. Added by Stats. 1978, Charter Chap. 29.
⁹⁶2000 Addition. Added by Stats. 2000, Charter Chap. No. 2.

Notwithstanding any other provision of this Charter, any person employed as a County department head on the effective date of this Section and whose position as department head is removed from the classified service on said date and placed in the unclassified service, shall continue to have the same rights as if his position had not been placed in the unclassified service.⁹⁷

⁹⁷ 1976 Addition. Added by Stats. 1976, Appendix Chap. 13, P. 32.

Notwithstanding any other provision of this Charter, any person employed as an Executive Assistant, Executive Secretary, Field Deputy, Division Chief, Assistant Sheriff, in the office of the Sheriff, or as an Assistant Assessor, Executive Secretary, Special Assistant, or Director in the office of the Assessor, or as a Bureau Chief, Assistant Bureau Chief, Administrative Deputy District Attorney or Chief Field Deputy in the office of the District Attorney on the effective date of this Section shall remain in the classified service for so long as he holds the position that he held on the effective date of this Section.⁹⁸

Any other provision of this Charter notwithstanding, a vacancy in the position of Assistant Sheriff, except for one such position⁹⁹, shall be filled without examination or creation of an eligibility list by appointment from among sworn personnel holding a current permanent appointment as a Commander or higher position in the classified service in the office of the Sheriff.

Any other provision of this Charter notwithstanding, a vacancy in the position of Division Chief, except for two such positions⁹⁹, shall be filled without examination or creation of an eligibility list by appointment from among sworn personnel holding a current permanent appointment as a Captain or a higher position in the classified service in the office of the Sheriff.

Any other provision of this Charter notwithstanding, a vacancy in the position of the Assistant Assessor or Director shall be filled without examination or creation of an eligibility list by appointment from among those persons holding a current permanent appointment in the classified service in the office of the Assessor.

Any other provision of this Charter notwithstanding, a vacancy in the position of Bureau Chief and Assistant Bureau Chief shall be filled without examination or creation of an eligibility list by appointment from among those persons holding a current permanent appointment as a Deputy District Attorney Grade IV or higher attorney position in the classified service in the office of the District Attorney.

Any other provision of this Charter notwithstanding, a vacancy in the position of Administrative Deputy District Attorney shall be filled without examination or creation of an eligibility list by appointment from among those persons holding a permanent appointment to a classified position under this Charter.

⁹⁸1978 Addition. Added by Stats. 1978, Charter Chap. 29.
⁹⁹2002 Amendment. Amended by Stats. 2002, Charter Chapter No. 12.

In the event that a member of the classified service is appointed to an unclassified position, he shall have the right to take a leave of absence from his position in the classified service while holding such appointment and, upon the termination of such appointment, to return to the status in the classified service which he held at the time of his appointment.¹⁰⁰

¹⁰⁰ 1976 Addition. Added by Stats. 1976, Appendix Chap. 13, P. 32.

Repealed.¹⁰¹

¹⁰¹ Repealed by Stats. 1978, Charter Chap. No. 29.

Notwithstanding any other provision of this Charter, any person employed as a Supervisor’s Deputy on the effective date of this Section and whose position as Supervisor’s Deputy is removed from the classified service on said date and placed in the unclassified service, shall continue to have the same rights as if his position had not been placed in the unclassified service.¹⁰²

¹⁰² 1978 Addition. Added by Stats. 1978, Charter Chap. No. 29.

Notwithstanding any other provision of this Charter, any person holding a permanent classified position which is removed from the classified service and placed in the unclassified service under the provisions of Section 33(i), shall continue to have the same rights as if his or her position had not been placed in the unclassified service.¹⁰³

¹⁰³ 2000 Addition. Added by Stats. 2000, Charter Chap. No. 2.

Functions of the Commission.

The Civil Service Commission shall serve as an appellate body in accordance with the provisions of Sections 35(4) and 35(6) of this article and as provided in the Civil Service Rules.

The Commission shall propose and, after a public hearing, adopt and amend rules to govern its own proceedings.
In any hearing conducted by the Commission or by a hearing officer appointed by the Commission, the Commission or the hearing officer shall have the power to subpoena and require the attendance of witnesses and the production thereby of books and papers pertinent to the hearing and each Commissioner or hearing officer shall have the power to administer oaths to such witnesses.¹⁰⁴

¹⁰⁴1940 Amendment. Amended by Stats. 1941, Resolution Chap. 2, P. 3235 and 3236.
1946 Amendment. Amended by Stats. 1947, Resolution Chap. 11, P. 3361.
1948 Amendment. Amended by Stats. 1949, Resolution Chap. 9, P. 2280.
1954 Amendment. Amended by Stats. 1955, Resolution Chap. 20, P. 3788.
1972 Amendment. Amended by Stats. 1972, Resolution Chap. 166, P. 3467.
1978 Amendment. Amended by Stats. 1978, Charter Chap. 29

Civil Service Rules.

Rules of the Civil Service System shall be adopted by the Board of Supervisors only after a public hearing.

Rules of the Civil Service System shall provide for:

Establishment and maintenance of a classification plan and the classification of all positions which are included in the system.

Recruitment of persons to fill positions, either on an open or promotional basis, evaluation of qualifications of applicants, the establishment and maintenance of lists of qualified persons ranked according to their relative qualifications to hold designated positions, and certification of such lists to appointing powers. Appointments from lists may be made on a permanent, temporary, or recurrent basis. In the absence of an appropriate list, where the Director of Personnel finds an emergency exists, emergency appointments may be made. Such appointments may not exceed 90 days and may not be extended. Appointments to permanent positions shall be final only after the completion of a probationary period.

Establishment of Countywide policies and systems for the evaluation of employee performance and for employee development.

Procedures for appeal of allegations of political discrimination and of discrimination based on race, sex, color, national origin, religious opinions or affiliations or handicap made by County employees, regardless of status, and by applicants for employment.

Procedures for layoff or reduction in lieu of layoff by the appointing power for reasons of economy or lack of work.

Civil Service Commission hearings on appeals of discharges and reductions of permanent employees.

Transfer and promotion of employees between County departments and districts participating in the Civil Service System and governed ex officio by the Board of Supervisors.

Existing Civil Service Rules will remain in effect until such time as revisions are adopted by the Board of Supervisors.¹⁰⁵

¹⁰⁵1978 Amendment. Amended by Stats. 1978, Charter Chap. 29.

Certification of Payroll.

The Auditor shall not approve any salary or compensation for services to any person holding or performing the duties of a position in the classified service, unless the payroll account for such salary or compensation shall bear the certificate of the Director of Personnel that the persons named therein have been appointed or employed in accordance with the provisions of this article and the rules established thereunder.¹⁰⁶

¹⁰⁶1966 Amendment. Amended by Stats. 1967, Resolution Chap. 6, P. 4339.
1978 Amendment. Amended by Stats. 1978, Charter Chap. 29.

In all open competitive examinations held pursuant to this Charter, the Civil Service Commission shall, in addition to all other credits, give a credit of ten percent of the total credits specified for such examination to all persons passing the examination who have, or who shall have, served in the armed forces of the United States in time of war, armed insurrection or international police action and are honorably discharged, or whose service was honorable, and also to the wife of any such person who while engaged in such service in time of war, armed insurrection or international police action was wounded, disabled or crippled and thereby permanently prevented from engaging in any remunerative occupation, and also to the widow of any such person who died or was killed while in such service.¹⁰⁷

¹⁰⁷1954 Amendment. Amended by Stats. 1955, Resolution Chap. 20, P. 3788.

Repealed.¹⁰⁸

¹⁰⁸Repealed by Stats. 1978, Charter Chap. 29.

Repealed.¹⁰⁹

¹⁰⁹Repealed by Stats. 1978, Charter Chap. 29.

Repealed.¹¹⁰

¹¹⁰Repealed by Stats. 1978, Charter Chap. 29.

Repealed.¹¹¹

¹¹¹Repealed by Stats. 1978, Charter Chap. 29.

No person in the classified service, or seeking admission thereto, shall be appointed, reduced or removed or in any way favored or discriminated against because of race, color, national origin, political or religious opinions or affiliations.¹¹²

¹¹²1958 Amendment. Amended by Stats. 1959, Resolution Chap. 7, P. 5344.
County officers have the right to appoint deputies and employees except as limited by the charter. There are two limitations: (1) appointments must be made from a list of three persons certified by the Civil Service Commission (Sec. 34, Subsec. 6); and (2) no appointment is to be based upon religious or political opinions or affiliations (Sec. 41). The officer is limited in his power to discharge in that the discharge may not be based upon an employee’s political or religious opinion, affiliation, and the officer must present the deputy or employee with the reason for his discharge and give him a reasonable time to reply thereto. No hearing was required by the charter when this case was decided. Cronin v. Civil Service Commission, 71 Cal. App. 633, 236 P. 339 (1925).
Neither this provision nor the State or Federal Constitutions, however, prevent the Board of Supervisors from investigating the charter, antecedents, the viewpoints and affiliations of its employees, and it may demand of each employee an oath of allegiance to the Federal and State Constitutions and the laws of California as against all enemies of the United States and the state, and an affidavit that he does not advocate the overthrow of the government by force, or is not a member of organizations that advocate such overthrow; refusal to give such oath and affidavit is a proper basis for discharge. Steiner v. Darby, 88 Cal. App. (2d) 481, 199 P. (2d), 429 (1948); 338 U.S. 327, 94 L.Ed. 144, 70 S. Ct. 161 (1949). Note, however, Keyishian v. Board of Regents, 385 U.S. 589, 87 S. Ct. 675, 17 L.Ed. (2d) 629 (1967); and Elfbrandt v. Russell, 384 U.S. 11, 86 S. Ct. 1238, 16 L.Ed. (2d) 321 (1966).
“Nothing is to be found in Sec. 41 intended to prevent an employer from discharging an employee who advocates the overthrow of our government.”

“The Section contains no inhibition against the county’s discharging an employee whose first loyalty is to his ideal or armed revolution against the state that he serves. The fact that his tenure is protected by civil service does not avail him if he is disloyal.”

“Section 41 refers to politics and religion in their narrow connotations and not to such a movement as champions the destruction of the government by violence.” Hirschman v. Los Angeles County, 39, Cal. (2d) 698, 249 P. (2d) 287 (1952).

Section 1028.1 of the Government Code reads:
1028.1 It shall be the duty of any public employee who may be subpoenaed or ordered by the governing body of the state or local agency by which such employee is employed, to appear before such governing body, or a committee or subcommittee thereof, or by a duly authorized committee of the Congress of the United States or of the Legislature of this State, or any subcommittee of any such committee, to appear before such committee or subcommittee, and to answer under oath a question or questions propounded by such governing body, committee or subcommittee, or a member or counsel thereof, relating to:
(a) Present personal advocacy by the employee of the forceful or violent overthrow of the Government of the United States or of any state.
(b) Present knowing membership in any organization now advocating the forceful or violent overthrow of the Government of the United States or of any state.
(c) Past knowing membership at any time since October 3, 1945, in any organization which, to the knowledge of such employees, during the time of the employee’s membership, advocated the forceful or violent overthrow of the Government of the United States or of any state.
(d) Questions as to present knowing membership of such employee in the Communist Party or as to past knowing membership in the Communist Party at any time since October 3, 1934.
(e) Present personal advocacy by the employee of the support of a foreign government against the United States in the event of hostilities between said foreign government and the United States.
Any employee who fails or refuses to appear or to answer under oath on any ground whatsoever any such questions so propounded shall be guilty of insubordination and guilty of violating this Section and shall be suspended and dismissed from his employment the manner provided by law.
Violation of this Section is a ground for dismissal and a dismissal on such grounds is not for political or religious opinions or affiliations. Globe v. County of Los Angeles, 163 Cal. App. (2d) 595 at 599, 329 P. (2d) 971 (1958).
Nelson v. Los Angeles County, 362 U.S. 1, 80 S. Ct. 527, 4 L.Ed. (2d) 494 (1960); but of. Hofberg v. Los Angeles County Civil Service Commission, 258 Cal. App. (2d) 433, 65 Cal. Rptr. 759 (1968).

Repealed.¹¹³

¹¹³Repeal was proposed by Board of Supervisors February 28, 1984, ratified at special election June 5, 1984, filed with Secretary of State August 9, 1984, and was given Charter Chapter No. 23.

Repealed.¹¹⁴

¹¹⁴Repeal was proposed by Board of Supervisors February 28, 1984, ratified at special election June 5, 1984, filed with Secretary of State August 9, 1984, and was given Charter Chapter No. 23.

Any person willfully violating any of the provisions of this article, or of the rules established hereunder, shall be guilty of a misdemeanor.

Nothing in this Article shall prevent the leasing of County-owned real property when and as authorized by law.¹¹⁵

¹¹⁵1958 Addition. Added by Stats. 1959, Resolution Chap. 7, P. 5344.

Nothing in this Article shall prevent the County, when the Board of Supervisors finds that work can more economically or feasibly be performed by independent contractors, from entering into contracts for the performance of such work. The Board of Supervisors shall adopt an ordinance specifying criteria for entering into contracts, and specifying competitive bidding procedures for the award of such contracts.¹¹⁶

¹¹⁶1972 Addition. Added by Stats. 1972, Resolution Chap. 166, P. 3497.
1978 Amendment. Amended by Stats. 1978, Charter Chap. 29