RESOLUTION 11-173�"�|E���49 Resolution
Before the Board of Supervisors in and for the
County of Monterey, State of California
Resolution No. 11-173
Adopt a Resolution to: PPPR Control # 11-004
Amend Personnel Policies and
Practices Resolution No. 98-394,
B.16.1 Service at the Pleasure of the
Appointing Authority, B.5.6
Reappointment to a Previous Class,
A.1.11.2 Increases within Salary
Range, and Section V Definitions.....
Upon motion of Supervisor Salinas, seconded by Supervisor Armenta, and carried by
those members present, the Board hereby;
Adopted Resolution 11-173 amending Personnel Policies and Practices Resolution No.
98-394, B.16.1 Service at the Pleasure of the Appointing Authority, B.5.6 Reappointment
to a Previous Class, A. 1.11.2 Increases within Salary Range, and Section V Definitions.
V. DEFINITIONS
The words and terms defined in this section shall have the following meanings in this resolution
and in any other resolution classifying and fixing salaries, compensation and benefits or
authorizing the employment of personnel in any department or office of the County of Monterey.
At Will Employment
Employment status within the County of Monterey, which is terminable at any time by
either party, as provided in Labor Code section 2922. At-will positions include
designated at-will, temporary and limited term positions.
Added 08/16/2005; 05-009
Amended 6114111,- 11-004
Contract Physician
A physician rendering services to the County pursuant to an employment
relationship in which all terms and conditions of that relationship, including but no
limited to compensation, benefits, rights, duties, status, and tenure are set for the entirely
in and governed by the provisions of a contract.
Amended 6/14/11; 11-004
Designated At Will Employee
An employee who serves at the pleasure of the specified appointing authority see PPPR
section B.16) and is ineligible for employment rights granted to permanent/regular
employees under the provisions of the PPPR. A designated at-will employee may fill a
permanently authorized position or a temporary position and does not serve a
probationary period. Designated at-will employees include temporary with or without
benefits) and limited term employees and employees who have executed at-will
documents.
Added 6/14/11; 11-004
Layoff
Termination of employment without fault on the part of the employee, such as lack of
work, lack of funds, or in the interests of economy. The County layoff procedure applies
to permanently authorized positions and excludes designated at-will, temporary, limited
term positions and those positions created under Labor Code section 2922.
BIB]
40710-U01
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6/16/2011-U04
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16632-U05
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PERSONNEL-U07
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SERVICE-U07
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RESOLUTION 11-173�"�|E���49 Resolution
Amended 6114111; 11-004
Limited Term Employee
An at-will, non-permanent/regular employee of the County is hired for a period of time,
with a planned end date, without accruing permanent status. Limited Term employees
may include those who are appointed to a position that has been temporarily vacated by a
permanent incumbent in the classified service. Limited Term employees shall be
provided with benefits health, retirement and paid leave benefits) but not permanency or
job rights. A Limited Term employee shall not have any rights as to the position s/he fills,
including seniority or layoff rights as per the County layoff procedure.
Added 08/16/2005; 05-009
Amended 6/14/l1; 11-004
Permanent/Regular Employee
An employee who has been appointed, in accordance with the PPPR, to a permanently
authorized position. An employee who has executed at-will documents is not a
permanent/regular employee; designated at-will, temporary with or without benefits) and
limited term employees are not permanent/regular employees:
Amended 6114111. 11-004
Permanent Position
Any position specifically authorized by the Board in the County budget or by Board order
or resolution as a permanent position which is paid from a permanent salaries line item in
the budget. Any permanent position budgeted for less than forty 40) hours in a week
shall be considered a permanent part-time position. A permanent position may be filled
with a permanent/regular employee, a temporary employee with or without benefits),
seasonal employee, limited term employee, or a designated at-will employee.
Amended 6/14/11; 11-004
Reappointment
The appointment, without using the referral process, of a current permanent/regular
employee to:
1. a class previously held as a permanent employee, or
2. a related class on a comparable level with the previously held class, or
3. a lower paid class in the same class family as the previously held class.
The reappointment procedure applies to permanently authorized positions and excludes
designated at-will, temporary, limited term positions and those positions created under
Labor Code section 2922.
Amended 6114111,- 11-004
Temporary Employee
An employee appointed to a temporary position with a planned end date.
Amended 6/14/11; 11-004
Temporary Position
Any position which is of a limited duration, with a planned end date, and which is paid
from the temporary employees line item of the budget.
A. 1.11.2 INCREASES WITHIN SALARY RANGE
Amended 6/14/11; 11-004
An employee will be eligible for advancement to the next higher step in the salary
range of his/her classification upon completion of twenty-four 24) months 4,160
hours) of continuous service in his/her classification in a full-time permanently authorized
position. The date of eligibility for advancement of a Unit Y employee to a higher step shall be
determined by the time served since the employee's most recent date of appointment to his/her
current position step.
BIB]
40710-U01
RESOLUTION-U02
11-173-U02
LI21329-U03
FO96183-U03
FO96184-U03
FO99828-U03
MG99866-U03
AS99892-U03
AS99896-U03
AI102763-U03
DO103177-U03
C13-U03
RESOLUTIONS-U03
6/16/2011-U04
HANCOCKD-U04
16632-U05
5-U06
ADOPT-U07
RESOLUTION-U07
TO-U07
AMEND-U07
PERSONNEL-U07
POLICIES-U07
PRACTICES-U07
RESOLUTION-U07
NO.-U07
98-394,-U07
B.16.1-U07
SERVICE-U07
AT-U07
THE-U07
105-ADMINISTRATION-U08
SILVA-U09
JANET-U09
SILVAJ-U10
6/3/2011-U011
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OF-U012
THE-U012
APPOINTING-U012
AUTHORITY,-U012
B.5.6-U012
REAPPOINTMENT-U012
TO-U012
A-U012
PREVIOUS-U012
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A.1.11.2-U012
INCREASES-U012
WITHIN-U012
SALARY-U012
RANGE,-U012
SECTION-U012
V-U012
DEFINITIONS.-U012
RESOLUTION 11-173�"�|E���49 Resolution
The step advancement shall be effective at the beginning of the pay period within
which the employee becomes eligible for the step advancement. If the County
Administrative Officer determines that an employee failed to receive a step
advancement on the date on which he/she was otherwise eligible due to
administrative or clerical error, the Auditor-Controller is authorized and directed
to pay the employee the amount he/she would have received if the error had not
been made.
Added 12-05-2006: 06-018
Anrcmded 9-25-2007; 07-029
Amended 6714/! 1: 11-004
B.5.6 REAPPOINTMENT TO A PREVIOUS CLASS
Upon approval of the appointing authority, a current permanent employee who has served as a
permanent/regular employee in a previous class from which s/he left in good standing may be
reappointed to a position in 1) the previous class, 2) a lower paid class in the same class family
as the previous class. Designated at-will, temporary, limited term employees and positions
established under Labor Code section 2922 are not eligible for reappointment.
Amended 4/3/01; 01-140
Amended 6/14/11; I1-004
B.16 SERVICE AT THE PLEASURE OF THE APPOINTING AUTHORITY
B. 16.1 The following employees shall serve at the pleasure of their respective
appointing authority:
Except as provided by law, individuals in the Executive Management Unit
Monterey County employees representation Unit Y) and assistant department
heads.
Except as provided by law, temporary employees.
Except as provided by law, employees serving their initial probationary period.
The first-line aide(s), manager(s) or assistant(s) to elected County public
officials,
The immediate and direct clerical/secretarial staff of elected County public
officials,
First line managers receiving policy direction directly from Commissions.
Amended 6/14/11; 11-004
PASSED AND ADOPTED on this 14t'' day of June, 2011, by the following vote, to wit:
AYES: Supervisors Armenta, Calcagno, Salinas, Parker, and Potter
NOES: None
ABSENT: None
1, Gail T. Borkowski, Clerk of the Board of Supervisors of the County of Monterey, State of California, hereby
certify that the foregoing is a true copy of an original order of said Board of Supervisors duly made and entered
in the minutes thereof of Minute Book 75 for the meeting on June 14, 2011.
Dated: June 16, 2011 Gail T. Borkowski, Clerk of the Board of Supervisors
County of Monterey, State of California
By
6"- 04 1 &_~
Deputy
BIB]
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FO99828-U03
MG99866-U03
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AS99896-U03
AI102763-U03
DO103177-U03
C13-U03
RESOLUTIONS-U03
6/16/2011-U04
HANCOCKD-U04
16632-U05
5-U06
ADOPT-U07
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AMEND-U07
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RESOLUTION-U07
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A.1.11.2-U012
INCREASES-U012
WITHIN-U012
SALARY-U012
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DEFINITIONS.-U012
SIGNED BOARD REPORT"�|E���MONTEREY COUNTY BOARD OF SUPERVISORS
MEETING: June 14, 2011 Consent AGENDA NO.:
SUBJECT: Adopt a resolution to amend Personnel Policies and Practices Resolution No. 98-
394, B.16.1 Service at the Pleasure of the Appointing Authority, B.5.6
Reappointment to a Previous Class, A. 1.11.2 Increases within Salary Range, and
Section V Definitions.
DEPARTMENT: County Administrative Office-Human Resources Division
RECOMMENDATION:
It is recommended that the Board of Supervisors adopt a resolution to amend Personnel Policies and
Practices Resolution No. 98-394, B.16.1 Service at the Pleasure of the Appointing Authority, B.5.6
Reappointment to a Previous Class, A. 1.11.2 Increases within Salary Range, and Section V
Definitions.
SUMMARY/ DISCUSSION:
On December 18, 1990, the Board of Supervisors adopted a resolution addressing service at the
pleasure of the appointing authority. The policy was implemented on January 7, 1991, and has been
administered since that time. In recent months, the County Administrative Office-Human Resources
has received requests for clarification regarding an At-Will employee's rights to return to a previously
held classification. While researching these requests, it was determined that the current policy is silent
regarding individuals who serve an elected official and ambiguous in areas pertinent to employment
rights, such as reappointment to a previous class and increases within salary range.
Per Attachment A, the recommended action is designed to rectify the policy by 1) amending the
language to incorporate individuals who serve an elected official, 2) provide clarification to the
entitlement of At-Will employees reappointment to a previously held classification, 3) clarifying terms
of increases within salary range and 4) amending various definitions to further distinguish and explain
the differences between an At-Will employee and a Permanent employee.
OTHER AGENCY INVOLVEMENT:
None.
FINANCING:
The recommended action will have no financial impact.
aW'eros 784-5638 Kei da
Associate Per onnel Analyst
Dated: v/ til
Att: Attachment A; Resolution
Assistant Cou ty Administrative Officer
Dated: 610 21,
cc: Mike Miller, Auditor-Controller
All Department Heads
All Personnel Analyst
BIB]
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FO96184-U03
FO99828-U03
MG99866-U03
AS99892-U03
AS99896-U03
AI102763-U03
DO103178-U03
C10-U03
BOARD-U03
REPORTS-U03
6/16/2011-U04
HANCOCKD-U04
16632-U05
5-U06
ADOPT-U07
RESOLUTION-U07
TO-U07
AMEND-U07
PERSONNEL-U07
POLICIES-U07
PRACTICES-U07
RESOLUTION-U07
NO.-U07
98-394,-U07
B.16.1-U07
SERVICE-U07
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INCREASES-U012
WITHIN-U012
SALARY-U012
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SECTION-U012
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SIGNED BOARD REPORT"�|E���Attachment A
V. DEFINITIONS
The words and terms defined in this section shall have the following meanings in this
resolution and in any other resolution classifying and fixing salaries, compensation and
benefits or authorizing the employment of personnel in any department or office of the
County of Monterey.
At Will Employment
Employment status within the County of Monterey, which is terminable at any
time by either party, as provided in Labor Code section 2922. At-will positions
include designated at-will, temporary and limited term positions.
Added 08/16/2005; 05-009
Amended 6/14/11; 11-004
Contract Physician
A physician rendering services to the County pursuant to an aI employment
relationship in which all terms and conditions of that relationship, including but
no limited to compensation, benefits, rights, duties, status, and tenure are set for
the entirely in and governed by the provisions of a contract.
Amended 6/14/11; 11-004
Designated At Will Employee
An employee who serves at the pleasure of the specified appointing authority see
PPPR section B.16) and is ineligible for employment rights granted to
permanent/regular employees under the provisions of the PPPR. A designated at-
will employee may fill authorized position or a temporary position
and does not serve a probationary period. Designated at-will employees include
temporary with or without benefits) and limited term employees and employees
who have executed at-will documents.
Added 6/14/11; 11-004
Layoff
Termination of employment without fault on the part of the employee, such as
lack of work, lack of funds, or in the interests of economy. The County layoff
procedure applies to permanently authorized positions and excludes designated at-
will, temporary, limited term positions and those positions created under Labor
Code section 2922.
Amended 6/14/11; 11-004
Limited Term Employee
An at-will, non-permanent/re ular employee of the County who is hired for a
period of time, with a planned end date, without accruing permanent status.
Limited Term employees may include those who are appointed to a position that
has been temporarily vacated by a permanent incumbent in the classified service.
Limited Term employees shall be provided with benefits health, retirement and
paid leave benefits) but not permanency or job rights. A Limited Term employee
shall not have any rights as to the position s/he fills, including seniority or layoff
rights as per the County layoff procedure.
Added 08/16/2005; 05-009
Amended 6/14/11; 11-004
BIB]
40710-U01
SIGNED-U02
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REPORT-U02
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FO99828-U03
MG99866-U03
AS99892-U03
AS99896-U03
AI102763-U03
DO103178-U03
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6/16/2011-U04
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16632-U05
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WITHIN-U012
SALARY-U012
RANGE,-U012
SECTION-U012
V-U012
DEFINITIONS.-U012
SIGNED BOARD REPORT"�|E���Permanent/Regular Employee
An employee who has been appointed, in accordance with the PPPR, to a
permanently authorized position. An employee who has executed at-will
documents is not a permanent/regular employee; designated at-will, temporary
with or without benefits) and limited term employees are not permanent/regular
employees.
Amended 6/14/11; 11-004
Permanent Position
Any position specifically authorized by the Board in the County budget or by
Board order or resolution as a permanent position which is paid from a permanent
salaries line item in the budget. Any permanent position budgeted for less than
forty 40) hours in a week shall be considered a permanent part-time position. A
permanent position may be filled with a permanent/regular employee, a temporary
employee with or without benefits), seasonal employee, limited term employee,
or a designated at-will employee.
Amended 6/14/11; 11-004
Reappointment
The appointment, without using the referral process, of a current
permanent/regular employee to:
1. a class previously held as a permanent employee, or
2. a related class on a comparable level with the previously held class, or
3. a lower paid class in the same class family as the previously held class.
The reappointment procedure applies to permanently authorized positions and
excludes designated at-will, temporary, limited term positions and those positions
created under Labor Code section 2922.
Amended 6/14/11; 11-004
Temporary Employee
An employee appointed to a temporary position with a planned end date.
Amended 6/14/11; 11-004
Temporary Position
Any position which is of a limited duration, with a planned end date, and which is
paid from the temporary employees line item of the budget.
A.1.11.2 INCREASES WITHIN SALARY RANGE
Amended 6/14/11; 11-004
An employee will be eligible for advancement to the next higher step in the salary
range of his/her classification upon completion of twenty-four 24) months 4,160
hours) of continuous service in his/her classification in a full-time peFmaneat position
permanently authorized position. The date of eligibility for advancement of a Unit Y
employee to a higher step shall be determined by the time served since the employee's
most recent date of appointment to his/her current position step.
BIB]
40710-U01
SIGNED-U02
BOARD-U02
REPORT-U02
LI21329-U03
FO96183-U03
FO96184-U03
FO99828-U03
MG99866-U03
AS99892-U03
AS99896-U03
AI102763-U03
DO103178-U03
C10-U03
BOARD-U03
REPORTS-U03
6/16/2011-U04
HANCOCKD-U04
16632-U05
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ADOPT-U07
RESOLUTION-U07
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AMEND-U07
PERSONNEL-U07
POLICIES-U07
PRACTICES-U07
RESOLUTION-U07
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SALARY-U012
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SECTION-U012
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SIGNED BOARD REPORT"�|E���The step advancement shall be effective at the beginning of the pay period within
which the employee becomes eligible for the step advancement. If the County
Administrative Officer determines that an employee failed to receive a step
advancement on the date on which he/she was otherwise eligible due to
administrative or clerical error, the Auditor-Controller is authorized and directed
to pay the employee the amount he/she would have received if the error had not
been made.
Added 12-05-2006; 06-018
Amended 9-25-2007; 07-029
Amended 6/14/11; 11-004
B.5.6 REAPPOINTMENT TO A PREVIOUS CLASS
Upon approval of the appointing authority, a current permanent employee who has served
as a permanent/regular employee in a previous class from which s/he left in good
standing may be reappointed to a position in 1) the previous class, 2) a lower paid class in
the same class family as the previous class. Designated at-will, temporary, limited term
employees and positions established under Labor Code section 2922 are not eligible for
reappointment.
Amended 4/3/01; 01-140
Amended 6/14/11; 11-004
B.16 SERVICE AT THE PLEASURE OF THE APPOINTING AUTHORITY
B.16.1 The following employees shall serve at the pleasure of their respective
appointing authority:
Except as provided by law, individuals in the Executive Management Unit
Monterey County employees representation Unit Y) and assistant department
heads.,
pefied.
Except as provided by law, temporary employees.
Except as provided by law, employees serving their initial probationary period.
The first-line aide(s), manager(s) or assistant(s) to elected County public
officials,
The immediate and direct clerical/secretarial staff of elected County public
officials,
First line managers receiving policy direction directly from Commissions.
Amended 6/14/11; 11-004
BIB]
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SIGNED-U02
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FO96184-U03
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6/16/2011-U04
HANCOCKD-U04
16632-U05
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PERSONNEL-U07
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INCREASES-U012
WITHIN-U012
SALARY-U012
RANGE,-U012
SECTION-U012
V-U012
DEFINITIONS.-U012