A. 
The purpose of this part is to provide a procedure for inquiry by the civil service commission into the maladministration of the civil service system when there is reasonable cause to believe, and when a complaint has been filed alleging, one or more sections of this chapter, the civil service rules, an applicable memorandum of understanding, and/or side letter agreement have been violated. The sections hereunder are independent of those procedures governing the disciplining of county employees under Part 12 of Article 3.08 and are not applicable when the procedures defined there under are invoked.
B. 
Whenever there is reasonable cause to believe that there has been a violation of this chapter or the civil service rules, an applicable memorandum of understanding, and/or side letter agreement, the civil service commission may conduct an investigation or hearing in any department where classified employees are employed for the purpose of determining the validity of such charge or charges.
(Prior code § 14.1400; Ord. 5478-B (Attach. A), 2007; Ord. 6068-B § 1, 2021)
A. 
DSA Represented. Prior to utilizing the provisions herein, all persons, or designated representatives, having a grievance shall make every effort to resolve such grievance by meeting with the person causing the grievance. If the grievance is not resolved to the grievant's satisfaction, then the grievant may utilize the formal procedure outlined below. The meeting process does not toll the 60 calendar days from the date of the occurrence of the events that form the basis of the grievance to file a grievance.
1. 
Step 1. Within 60 calendar days after the occurrence of the events on which the grievance is based, the grievance shall be submitted in writing by the employee or their representative to the immediate supervisor. The supervisor shall meet and discuss the grievance with the employee and their representative, if any, and reply in writing to the employee within seven calendar days.
2. 
Step 2. In the event that a mutually satisfactory solution has not been reached, the employee or their representative may submit the written grievance within seven calendar days to the next level of supervision. The second level supervisor or their representative shall have seven calendar days to investigate and render a written decision.
3. 
Step 3. If a mutually satisfactory solution has not been reached, the employee or their representative has seven calendar days to submit the grievance in writing to the department head or their representative. After the receipt of the grievance, the department head or their representative shall have 14 calendar days in which to schedule such investigations or hearings as deemed necessary and render a written decision.
4. 
Step 4. If a mutually satisfactory resolution has not been reached, either party shall, within seven calendar days of issuance of the department head's written response, request the director of human resources to attempt to mediate the grievance. The director of human resources or their representative shall have 14 calendar days to schedule the mediation step. Either party may refuse to participate in the mediation, without prejudice.
5. 
If the grievance is not settled through the prior steps, the employee may submit a formal complaint in accordance with Sections 3.08.300 through 3.08.340.
B. 
PPEO Represented, PPOA Represented, DDAA Represented, Classified Management and Confidential Employees. Prior to utilizing the provisions herein, all persons, or designated representatives, having a grievance shall meet with subject of the grievance to resolve such grievance prior to invoking the formal grievance process. If the grievance is not resolved to the grievant's satisfaction through this meeting, then the grievant may utilize the formal procedure outlined below. This meeting process does not toll the 60 calendar days from the date of the occurrence of the events that form the basis of the grievance.
1. 
Step 1. Within 60 calendar days after the occurrence of the events upon which the grievance is based, the grievance shall be submitted in writing by the employee or their representative to the immediate supervisor. The supervisor shall meet and discuss the grievance with the employee and their representative, if any, and reply in writing to the employee within seven calendar days.
2. 
Step 2. In the event that a mutually satisfactory solution has not been reached, the employee or their representative may submit the written grievance within seven calendar days to the next level of supervision. The second level supervisor or their representative shall have seven calendar days to investigate and render a written decision.
3. 
Step 3. If a mutually satisfactory solution has not been reached, the employee or their representative has seven calendar days to submit the grievance in writing to the department head or their representative. After the receipt of the grievance, the department head or their representative shall have 14 calendar days in which to schedule such investigations or hearings as deemed necessary and render a written decision.
4. 
Step 4. If a mutually satisfactory resolution has not been reached, either party may within seven calendar days of issuance of the department head's written response, request the State Department of Mediation and Conciliation Services to attempt to mediate the grievance.
5. 
Countywide Grievance. If the bargaining unit believes that the appropriate initial step for the grievance is with the human resources department, they may file the grievance directly with the human resources director in lieu of steps 1 through 3 above. However, the human resources director may refer the grievance to step 1 if they believe that is the appropriate step. After the receipt of the grievance, the human resources director shall have 14 calendar days in which to render a written decision.
6. 
If the grievance is not settled through the prior steps, the employee or their representative may submit a formal complaint in accordance with the Placer County Code, Chapter 3, Part 4.
C. 
PCLEMA Represented Employees. For employees represented by PCLEMA, grievance procedure shall be as set forth in the Memorandum of Understanding between the county and PCLEMA.
(Prior code § 14.1402; Ord. 5478-B (Attach. A), 2007; Ord. 5683-B § 31, 2012; Ord. 5700-B § 27, 2013; Ord. 5883-B § 2, 2017; Ord. 5991-B § 1, 2019; Ord. 6159-B § 1, 2022; Ord. 6246-B, 1/23/2024; Ord. 6303-B, 3/18/2025; Ord. 6306-B, 4/15/2025)
A. 
DSA Represented Employees.
1. 
Such proceedings shall be commenced by a complaint which is signed by any aggrieved person. The complaint shall be entitled "IN RE" (the name of the department in which the alleged violations occurred), and shall be directed to the Placer County civil service commission. It shall contain the following:
a. 
The name of the department in which the alleged violation or violations occurred;
b. 
The name of the person responsible for the alleged violation or violations (if applicable);
c. 
The section or sections of the Placer County Code, Chapter 3, applicable memorandum of understanding and/or side letter agreement which have allegedly been violated;
d. 
The factual basis upon which each of the alleged violations rest, including the dates thereof;
e. 
The name and position of the party who signed the complaint;
f. 
The date of the complaint.
2. 
The complainant shall attach to the complaint satisfactory evidence that they made application for the requested relief to their supervisors and to their department head but were denied such relief.
B. 
PPEO Represented, PPOA Represented, DDAA Represented, Classified Management and Confidential Employees.
1. 
Such proceedings shall be commenced by a complaint which is signed by any aggrieved person. The complaint shall be entitled "IN RE" (the name of the department in which the alleged violations occurred), and shall be directed to the Placer County civil service commission. It shall contain the following:
a. 
The name of the department in which the alleged violation or violations occurred;
b. 
The name of the person responsible for the alleged violation or violations (if applicable);
c. 
The section or sections of the Placer County Code, Chapter 3, applicable memorandum of understanding and/or side letter agreement which have allegedly been violated;
d. 
The factual basis upon which each of the alleged violations rest, including the dates thereof;
e. 
The name and position of the party who signed the complaint;
f. 
The date of the complaint.
2. 
The complainant shall attach to the complaint satisfactory evidence that they made application for the requested relief to their supervisors and to their department head but was denied such relief.
C. 
PCLEMA Represented Employees. For employees represented by PCLEMA, initiation of grievance proceedings shall be as set forth in the Memorandum of Understanding between the county and PCLEMA.
(Prior code § 14.1404; Ord. 5478-B (Attach. A), 2007; Ord. 5683-B § 32, 2012; Ord. 6068-B § 1, 2021; Ord. 6159-B § 1, 2022; Ord. 6246-B, 1/23/2024; Ord. 6303-B, 3/18/2025; Ord. 6306-B, 4/15/2025)
A. 
DSA Represented.
1. 
Complaint. The complainant must file the complaint with the civil service commission, in care of the director of human resources, not later than seven calendar days after completion of the last step in the grievance process. The director of human resources, or clerk to the commission, shall record the date on which it was filed, and shall:
a. 
Place one copy on file for the civil service commission and counsel for the commission;
b. 
Transmit one copy to the county counsel's office;
c. 
Transmit one copy to the person accused (if applicable) of violating the Placer County Code, Chapter 3, memorandum of understanding, and/or side letter agreement;
d. 
Transmit one copy to the department head, or their representative, of the department in which the violation or violations were alleged to have occurred;
e. 
Transmit one copy to the county executive officer.
2. 
Answer. The person charged (if applicable) and/or the department head or their representative of the department in which the alleged violation or violations occurred may answer the complaint, within 14 calendar days, after the service thereof upon them. The answer shall be filed with the civil service commission, in care of the director of human resources and the director of human resources, or clerk to the commission, shall record the date it was filed, and shall:
a. 
Place one copy on file for the civil service commission and counsel for the commission;
b. 
Transmit one copy to the county counsel's office;
c. 
Transmit one copy to the person who signed the complaint;
d. 
Transmit one copy to the department head or their representative, of the department in which the alleged violation or violations occurred, and the accused, or their representative, if applicable;
e. 
Transmit one copy to the county executive officer.
B. 
PPEO Represented, PPOA Represented, DDAA Represented, Classified Management and Confidential Employees.
1. 
Complaint. The complainant must file the complaint with the civil service commission, in care of the human resources director not later than seven calendar days after completion of the last step in the grievance process. The human resources director, or clerk to the commission, shall record the date on which it was filed, and shall:
a. 
Place one copy on file for the civil service commission and counsel for the commission;
b. 
Transmit one copy to the county counsel's office;
c. 
Transmit one copy to the person accused (if applicable) of violating the Placer County Code, Chapter 3, memorandum of understanding, and/or side letter agreement;
d. 
Transmit one copy to the department head, or their representative, of the department in which the violation or violations were alleged to have occurred;
e. 
Transmit one copy to the county executive officer.
2. 
Answer. The person charged (if applicable) and/or the department head or their representative of the department in which the alleged violation or violations occurred may answer the complaint, within 14 calendar days, after the service thereof upon them. The answer shall be filed with the civil service commission, in care of the human resources director and the human resources director, or clerk to the commission, shall record the date it was filed, and shall:
a. 
Place one copy on file for the civil service commission and counsel for the commission;
b. 
Transmit one copy to the county counsel's office;
c. 
Transmit one copy to the person who signed the complaint;
d. 
Transmit one copy to the department head or their representative, of the department in which the alleged violation or violations occurred, and the accused, or their representative, if applicable;
e. 
Transmit one copy to the county executive officer.
C. 
PCLEMA Represented Employees. For employees represented by PCLEMA, procedures for filing and answering a complaint shall be as set forth in the Memorandum of Understanding between the county and PCLEMA.
(Prior code § 14.1406; Ord. 5478-B (Attach. A), 2007; Ord. 5683-B § 33, 2012; Ord. 5700-B § 28, 2013; Ord. 5991-B § 1, 2019; Ord. 6068-B § 1, 2021; Ord. 6159-B § 1, 2022; Ord. 6246-B, 1/23/2024; Ord. 6303-B, 3/18/2025; Ord. 6306-B, 4/15/2025)
PPEO, PPOA, PCLEMA, DDAA, DSA, Classified Management, and Confidential Employees. Prior to hearing the grievance by the commission, the counsel for the commission shall first determine if the complaint is drawn, filed, and served in compliance with the requirements of Sections 3.08.290, 3.08.300, 3.08.310, and 3.08.340(B) of this article.
A. 
If the complaint is not drawn, filed, and served in compliance with the requirements of Sections 3.08.300 and 3.08.310 of this article, the counsel for the commission shall grant the complaining party at least one opportunity to amend and shall prescribe a timeframe for re-filing the amended complaint of no more than 30 calendar days from written notice by the counsel for the commission. If the complaint is to be amended, it shall be redrawn in its entirety and filed and served in compliance with Section 3.08.310 of this article.
B. 
If the complaint is not drawn, filed, and served in compliance with the 60 day statute of limitations period set forth in Sections 3.08.290 and 3.08.340(B) of this article, the counsel for the commission shall dismiss the complaint on behalf of the commission. Written notice of the dismissal shall be provided by the counsel for the commission.
C. 
If the complaint is compliant with the requirements of Sections 3.08.290 and 3.08.340(B) of this article, then the commission shall convene a special meeting at the earliest date possible after the date of the filing of the complaint, taking into consideration adequate time to schedule the parties, commissioners, and counsels. The commission shall, without receiving any evidence, based solely on the grievance, complaint, and the answer, as well as oral argument by the grievant and the respondent, or their respective representatives, determine whether or not the allegations of the complaint warrant further inquiry by the commission. If the commission finds that the allegations of the complaint warrant further inquiry, the provisions of Section 3.08.330 of this article shall be applicable. Otherwise, the proceedings shall terminate upon the decision of the commission to not make further inquiry.
Upon agreement by both parties, the preliminary hearing may be waived without prejudice.
(Prior code § 14.1408; Ord. 5058-B (Attach. 19), 2000; Ord. 5478-B (Attach. A), 2007; Ord. 6159-B § 1, 2022; Ord. 6213-B § 1, 2023; Ord. 6246-B, 1/23/2024; Ord. 6303-B, 3/18/2025; Ord. 6306-B, 4/15/2025)
A. 
PPEO, PPOA, PCLEMA, DDAA, DSA, Classified Management and Confidential Employees.
1. 
The civil service commission shall convene a special meeting at the earliest date possible, taking into consideration adequate time to schedule the parties, commissioners, and counsels to hold a hearing for the purpose of determining the validity of the charges made.
2. 
Definition of Party. For the purpose of this section a "party" is defined as the complainant, the party accused, and the department head of the department in which the violation or violations are alleged to have occurred, or their representatives.
3. 
Attorneys. Any party is entitled to be represented by legal counsel. The county counsel, or deputy, may participate in the examination of witnesses. The commission shall be represented by its counsel in the conduct of the hearing.
4. 
Closed Session Hearings. If the grievance is based on a specific complaint or charge against an employee by another person or employee, the civil service hearing on the grievance shall be noticed for and held in closed session. All persons other than the parties, their attorneys and representatives, the civil service commission, the human resources director, the clerk to the civil service commission, the court reporter, the county counsel and deputies, and witnesses who are actually testifying, shall be excluded from closed session. During the examination of a witness, any or all other witnesses in the matter being investigated by the legislative body may be excluded from the closed session hearing. As a condition to holding a closed session on specific complaints or charges brought against an employee by another person or employee, the employee shall be given written notice of their right to have the complaints or charges heard in an open session rather than a closed session, which notice shall be delivered to the employee personally or by mail at least 24 hours before the time for holding the closed session. If notice is not given, any action taken by the legislative body against the employee based on the specific complaints or charges in the closed session shall be null and void. After all evidence, testimony and argument has been submitted, the commission shall deliberate in closed session with only counsel for the commission and the human resources director present.
5. 
Open Session Hearings. If the grievance is not based on a specific complaint or charge against an employee by another person or employee, the civil service hearing on the grievance shall be noticed for and held in open session. After all evidence, testimony, and argument has been submitted, the commission shall deliberate in open session.
6. 
Oaths. All testimony shall be given under oath. The hearing body or counsel to the hearing shall have the authority to administer the oath.
7. 
Evidence.
a. 
Order of Evidence. The person who signed the complaint shall first present evidence of the charges alleged. The person charged and/or the department head of the department in which the alleged violation or violations occurred may then present evidence in their behalf.
b. 
Relevancy. Only the evidence which is relevant and material to the allegations of the grievance shall be admissible into evidence. Counsel for the commission shall rule as to the admissibility of evidence. The commission shall not be bound by the formal rules of evidence required of a formal court hearing.
8. 
Recording. All oral testimony received by the commission shall be recorded in some appropriate form.
9. 
Subpoenas. The commission shall have the power to compel the attendance of witnesses by subpoena. Any subpoena shall be prepared by the parties, or their representatives, and shall be signed by the clerk to the commission and the party requesting issuance.
10. 
Records. Upon demand of the chairperson of the civil service commission, the human resources director shall make available to the commission and/or any party to the proceeding any personnel record or existing document in their office which the chairperson of the commission deems relevant to the charges made.
11. 
Conclusion. If, after the presentation of all the evidence, the civil service commission is convinced by a preponderance of the evidence of the truth of the charges in the complaint, the commission shall afford the complainant the appropriate relief as determined by the commission. If the commission is not so convinced by a preponderance of the evidence of the truth of the charges in the complaint, the commission may deny the grievance, in whole or in part. If partially denied the commission may, if appropriate, afford the complainant partial relief.
12. 
The commission shall provide written notification of its decision in a reasonable time following the conclusion of the hearing. The decision of the commission shall be final.
(Prior code § 14.1410; Ord. 5478-B (Attach. A), 2007; Ord. 5683-B § 34, 2012; Ord. 5700-B § 29, 2013; Ord. 5991-B § 1, 2019; Ord. 6159-B § 1, 2022; Ord. 6213-B § 1, 2023; Ord. 6246-B, 1/23/2024; Ord. 6303-B, 3/18/2025; Ord. 6306-B, 4/15/2025)
DSA, PPEO, PPOA, PCLEMA, DDAA, Classified Management and Confidential Employees.
A. 
By Complaining Party. At any time prior to the conclusion of the hearings, the complaining party may, with the consent of the civil service commission, withdraw his or her complaint and dismiss the action.
B. 
Limitation of Action. The civil service commission shall dismiss any charge in the complaint when step 1 of the grievance was filed more than 60 calendar days after the date of the alleged violation.
(Prior code § 14.1412; Ord. 5478-B (Attach. A), 2007; Ord. 5683-B § 35, 2012; Ord. 5700-B § 30, 2013; Ord. 6213-B § 1, 2023; Ord. 6246-B, 1/23/2024; Ord. 6303-B, 3/18/2025)