File #: 11-687    Name:
Type: Minutes Status: Passed
File created: 6/14/2011 In control: Board of Supervisors
On agenda: 6/14/2011 Final action: 6/14/2011
Title: Adopt Resolution to amend Personnel Policies and Practices Resolution No. 98-394, B.16.1 Service at the Adopt Resolution to amend Personnel Policies and Practices Resolution No. 98-394, B.16.1 Service at the
Attachments: 1. Resolution 11-173, 2. Signed Board Report

 

 

 

 

 

 

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]

 

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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]

 

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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

 

 

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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

 

 

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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]

 

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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

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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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