A. 
The appointing authority shall fill positions by appointment. Appointments to permanent, full-time and permanent, part-time positions in the classified service shall be made from eligible lists. Appointments of extra help shall also be made from eligible lists. No person shall be appointed under a class not appropriate to the duties to be performed. (Employees occupying permanent, part-time positions on the effective date of the ordinance codified in this section shall gain probationary status in the position which they are employed. The director of human resources shall prepare a list of such individuals and notify the department head of their new status.)
B. 
Anniversary dates shall be established as of the effective date of permanent employment or promotion in the county service.
C. 
The sheriff's department shall appoint deputy sheriff trainees to deputy sheriff I upon satisfactory completion of the basic P.O.S.T. academy. A new anniversary date shall be established as of the effective date of appointment to the higher class. Appointments to deputy sheriff I shall be provided by noncompetitive promotion.
(Prior code § 14.1900; Ord. 5478-B (Attach. A), 2007; Ord. 5991-B § 1, 2019)
Whenever a vacancy occurs in a county department and a replacement is desired, the appointing authority shall notify the director of human resources in writing who shall advise the appointing authority as to the availability of employees for re-employment, transfer and of eligibles on eligible lists for the class. The director should be notified far enough in advance in order to facilitate the employment process. Responsibility of notification of vacancies to the director shall be that of the appointing authority.
(Prior code § 14.1905; Ord. 5478-B (Attach. A), 2007; Ord. 5991-B § 1, 2019)
A. 
When there is a re-employment list for the class in which the vacancy exists, only the employee with the greatest total county service shall be certified and shall be appointed.
B. 
Employees on a re-employment list may waive certification by written notification to the director of human resources. Such notification shall state the period of time and/or department(s) to which the waiver shall apply.
(Prior code § 14.1910; Ord. 5478-B (Attach. A), 2007; Ord. 5549-B § 2, 2009; Ord. 5991-B § 1, 2019)
The director shall certify the top five ranks from the eligible list. If five names of eligibles are not available, and the number certified is less than five, the appointing authority may demand certification of five names, and examinations shall be conducted until a minimum of five names may be certified. The appointing authority is not required to make appointment from an eligible list with less than five names.
(Prior code § 14.1915; Ord. 5160-B, 2002; Ord. 5478-B (Attach. A), 2007)
No appointing authority shall appoint a person from a promotional eligible list who is not at time of appointment employed by the county or on leave of absence.
(Prior code § 14.1920; Ord. 5478-B (Attach. A), 2007)
After interview from among those certified and after any investigation desired, the appointing authority may make an offer of employment. Such offer of employment is contingent upon satisfactory results of a county approved medical evaluation. The appointing authority shall notify the director of human resources of the name of the person offered employment.
(Prior code § 14.1925; Ord. 5478-B (Attach. A), 2007; Ord. 5991-B § 1, 2019)
A. 
In the absence of eligibles from which regular appointments may be made, a person meeting the minimum qualifications for the vacant allocated position may be provisionally appointed. The director of human resources shall determine and certify that the applicant meets the minimum qualifications before the appointment may become effective. No provisional appointment shall continue longer than 90 calendar days in any fiscal year. Time spent under provisional appointment shall not be credited to the probationary period or be used for computing any benefits accruing under county employment.
B. 
Provisional Promotion. Permanent full-time employees may be promoted to a higher classification for a limited period of time in accordance with subsection A of this section except that such employee shall be entitled to continue accruing benefits under county employment.
(Prior code § 14.1930; Ord. 5478-B (Attach. A), 2007; Ord. 5991-B § 1, 2019; Ord. 6025-B § 3, 2020)
A. 
The director of human resources, upon request of the appointing authority, may certify from an appropriate eligible list the names of those eligibles willing to accept extra help appointments.
B. 
Such certification shall be made in the same manner as would normally be made to fill a regular permanent position.
C. 
An extra help employee appointed in accordance with subsections A and B of this section:
1. 
May, upon request of the appointing authority and with the approval of the director of human resources, be transitioned into a permanent position within the same department and classification held as an extra help employee. Such appointee shall attain probationary status effective the date of appointment to the permanent position.
2. 
May not be transitioned to a permanent position if certification to the extra help position was from an extra help only eligible list.
In the event the eligible list from which an extra help appointment is made should expire, the person in the position shall remain an eligible for probationary appointment to that position for the duration of the extra help if they meet the criteria set forth above. In this case, eligibility for certification to the newly allocated permanent position shall supersede new eligible lists provided the initial extra help appointment was made in accordance with normal procedures for hiring permanent employees.
D. 
It shall be the appointing authority's responsibility to inform extra help employees of the expected duration of employment and that time spent under extra help appointment shall not be:
1. 
Credited to the probationary period; or
2. 
Used for computing any employee benefits accruing under county employment.
E. 
Extra help appointments shall not be made to vacant permanent positions.
F. 
An extra help employee shall not be employed more than 1,000 hours in a fiscal year without the express approval of the director of human resources.
G. 
Acceptance or refusal of an extra help appointment shall not affect an individual's standing on an eligible list for permanent employment.
H. 
Time spent under extra help appointment shall not be credited to the probationary period or be used for computing any benefits accruing under county employment.
I. 
In the event of a dispute in the application of this section, the employee affected, appointing authority or director of human resources may request the civil service commission to conduct a hearing for the purpose of determining whether the provisions of this section have been properly applied. The civil service commission's decision shall be final.
J. 
It is not the intent of the county to use either temporary agency employees or extra help to circumvent the civil service career hiring process.
(Prior code § 14.1935; Ord. 5058-B (Attach. 22), 2000; Ord. 5478-B (Attach. A), 2007; Ord. 5991-B § 1, 2019; Ord. 6025-B § 3, 2020; Ord. 6068-B § 1, 2021)
To meet the immediate requirements of an emergency condition which threatens life or public property, any legally competent officer or employee may employ such persons as may be needed without regard to the civil service restrictions as regards appointment. As soon as possible such appointments shall be reported to the director of human resources. In no event shall emergency appointment exceed 10 days, be extended, or provide employment of more than 10 days in any 12-month period to any one person. Time spent under such employment shall not be credited to a probationary period or be used in computing any privileges accruing under county employment.
(Prior code § 14.1940; Ord. 5478-B (Attach. A), 2007; Ord. 5991-B § 1, 2019)
The appointing authority is to notify the director of human resources if a person declines appointment or fails to report to the appointing authority as a result of certification, notice of which shall be given by certified letter, within the time stated on the notice of certification. Once all names within a rank have been cleared, the next rank on the list shall be certified.
(Prior code § 14.1945; Ord. 5160-B, 2002; Ord. 5478-B (Attach. A), 2007; Ord. 5991-B § 1, 2019)
Whenever a person submits a written request to the director of human resources to have their name withheld from certification to certain departments or for certain types of employment, their name shall not be certified to said departments or for such types of employment until they notify the director of human resources in writing of their availability for such employment.
(Prior code § 14.1950; Ord. 5478-B (Attach. A), 2007; Ord. 5991-B § 1, 2019; Ord. 6068-B § 1, 2021)
If an eligible who is certified for employment to permanent positions declines appointment a total of three times, his or her name shall be removed from the eligible list. Failure to report to the appointing authority for interview shall constitute a declination of appointment.
(Prior code § 14.1955; Ord. 5478-B (Attach. A), 2007)
If an eligible agrees to accept an appointment, but fails to report for duty as directed, they shall be notified in writing that their name has been removed from the reemployment and/or eligible list. If within 15 calendar days after such notification, they prove to the satisfaction of the director that their failure to report was excusable, their name shall be returned to its place on such list.
(Prior code § 14.1960; Ord. 5478-B (Attach. A), 2007; Ord. 6068-B § 1, 2021)
A. 
Pre-employment medical screenings may include physical examinations, psychological examinations, physical abilities testing, and other job-related medical screening tests, depending on the nature and duties of the position. The county may make a job offer that is conditioned upon the applicant's ability to pass a medical evaluation designed to determine if the applicant can perform job related functions or to respond to an applicant's request for reasonable accommodations if the following criteria are met:
1. 
The evaluation is job-related and consistent with business necessity; and
2. 
All applicants entering employment into the same job classification are subject to the same evaluations.
B. 
An applicant may be rejected due to disability only if:
1. 
They are unable to perform the job functions even with a reasonable accommodation; or
2. 
They cannot perform essential duties in a manner that would not endanger their health or safety or the health or safety of others even with reasonable accommodation; and
3. 
The county has considered all rebuttal information that the applicant submitted timely.
C. 
Each person selected to fill a permanent full-time, permanent part-time position, or extra help assignment in law enforcement or other Occupational Group I position shall be required to pass a medical evaluation prior to appointment given by a physician (and recorded on forms) designated by the director of human resources, to determine whether the person selected is capable of performing the essential duties of the position.
1. 
Current employees applying for transfer, promotion or demotion to a position with statutory or regulatory requirements for pre-employment screening will be subject to all mandated screening. In addition to mandated screening, current employees will be subject to pre-placement testing when moving into positions with greater physical demands than the employee's current position will be subject to any medical screening requirements they have not previously completed including job-specific physical abilities testing.
2. 
Inability to pass a pre-employment medical evaluation shall disqualify the applicant for employment by the county in that classification and the applicant's name will be removed from the eligible list for that classification.
D. 
Occupation Groups. All positions covered by the classification and compensation plans shall be assigned by the director of human resources specific medical standards and requirements, based upon the physical requirements of the jobs. Positions having similar physical requirements have been listed under numbered medical group titles, which are generally defined as follows:
1. 
Occupational Group I. Classifications which demand a high degree of physical fitness or for positions which demand considerable physical labor or exertion.
2. 
Occupational Group II. Classifications performing office, supervisory, or other functions which require minimal physical exertion.
E. 
Medical Ratings. Each applicant will be evaluated in accordance with the requirements of the job classification and the Occupational Group in which the classification falls, and will be given a medical rating in one of the following classes:
1. 
Medically Qualified. Applicants in this group are capable of performing the essential functions of the job classification with or without reasonable accommodations.
2. 
Medically Disqualified. Applicants in this group are those who have been determined by the examining physician to be unfit for employment as a result of the medical evaluation.
F. 
Human Resources Department and Appointing Authority Procedures.
1. 
All applicants given a conditional job offer by an appointing authority will be medically evaluated and determined to be medically qualified before the effective date of appointment.
2. 
Information contained on medical reports is confidential and shall not be made available to unauthorized persons.
G. 
An applicant disqualified from appointment to a position for failing to meet the medical standards for the job classification may file a written request to the director of human resources for a review of the disqualification. This request must be submitted within 10 calendar days of the date noted on the disqualification letter.
1. 
The applicant will have the right to submit additional information including a report by an independent medical examiner for consideration. The information provided must be relevant to the nature and extent of the medical condition(s) which relates to the applicant's medical disqualification and the applicant's ability to perform the essential functions of the job classification. All medical examinations and collection of additional information relating to this appeal are the financial responsibility of the applicant.
2. 
Additional medical information provided by the applicant will be submitted to the director of human resources for review. The director of human resources may consult with medical providers, the county health officer, or other subject matter expert(s) and determine, in light of this additional information, whether to approve or deny the applicant's appeal. The decision of the director of human resources, after review of the additional information, shall be final.
(Prior code § 14.1970; Ord. 5478-B (Attach. A), 2007; Ord. 6068-B § 1, 2021)
Each applicant selected and provided with a conditional offer to fill a permanent full-time position, permanent part-time position, or extra help assignment in a classification/assignment that has been designated or identified as meeting the criteria for pre-employment drug testing must participate in and successfully pass a drug screening test as part of the county's post-offer, pre-employment screening process.
1. 
Failure or inability to successfully pass the drug screen will result in disqualification from the eligible list.
2. 
All testing will be conducted by a licensed independent medical laboratory, in accordance with applicable laws and which will follow established testing standards and protocols.
(Ord. 6068-B § 1, 2021)
A. 
The county may make a job offer that is conditioned upon the applicant's ability to pass a psychological evaluation designed to determine if the applicant can perform job-related functions or to respond to an applicant's request for reasonable accommodations if the following criteria are met:
1. 
The evaluation is job-related and consistent with business necessity; and
2. 
All applicants entering employment in the same job classification are subject to the same evaluations.
B. 
An applicant may be rejected due to disability only if:
1. 
They are unable to perform the job functions even with a reasonable accommodation; or
2. 
They cannot perform essential duties in a manner that would not endanger their health or safety or the health or safety of others even with reasonable accommodation.
C. 
Purpose. For certain job classifications in public safety where psychological evaluations are mandated or where assignments may include direct access to drugs, evidence, or weapons, a pre-employment psychological evaluation may be required post conditional job offer and prior to appointment to the position pursuant to applicable laws and regulations. The intent of this evaluation is not an examination of mental health, but rather to identify special characteristics related to the requirements of the classification, and the applicant's ability to perform the essential functions of the job.
1. 
Applicants will not undergo a post conditional offer pre-employment psychological evaluation until after the background investigation process is successfully completed.
D. 
Applicants will be evaluated by a psychological evaluator designated by the director of human resources in compliance with applicable rules and regulations. The psychological evaluator will render one of the following outcomes of the evaluation:
1. 
Suitable. Applicants in this group have been determined to meet the psychological requirements required to perform the essential job functions.
2. 
Unsuitable. Applicants in this group have been determined unable to meet the requirements of the position for which they applied based upon applicable laws and standards and disqualified.
E. 
For non-POST certified classifications, the determination of the county designated psychological evaluator shall be final.
F. 
Appeals/Second Opinions. An applicant for a POST-certified classification who is disqualified from the selection process as a result of their psychological evaluation may obtain a second opinion from a POST-certified psychological evaluator as defined by POST at their own expense.
1. 
Applicants have 10 calendar days from the date of the disqualification notification letter to submit their intent to appeal in writing to the director of human resources.
2. 
The director of human resources will serve as the appeal hearing officer. After reviewing the supporting documentation provided by each of the psychological evaluators, the director of human resources will make a final decision regarding whether to approve or deny the applicant's appeal.
a. 
The director of human resources may consult with relevant subject matter experts, including, but not limited to, the county health officer, county counsel, and/or department management.
b. 
After consideration of all relevant information, the decision of the director of human resources shall be final.
(Ord. 6068-B § 1, 2021; Ord. 6218-B, 9/26/2023)
A. 
When, in the judgment of the appointing authority, an employee's health, or physical or mental condition is such that it is desirable to evaluate the employee's capacity to perform the duties of their position, the appointing authority shall require the employee to undergo a fitness for duty medical or psychological evaluation. Such evaluation shall be by a physician or psychologist selected by the county.
B. 
The examining physician or psychologist shall state whether, in their opinion, the employee is able to properly perform the essential job duties/functions of the position. Such determination shall be based upon the essential job duties/functions and the diagnosis or injury/illness, and whether the employee's condition can be remedied within a reasonable period of time.
C. 
If the examining physician or psychologist finds the employee unfit to perform the essential job duties/functions of the position, the employee may, within 14 calendar days after notification of the determination, submit a written request to the county disability management administrator to provide additional information to the examining physician or psychologist for review. The additional information provided must be relevant to the nature and extent of the medical condition(s) which relates to the employee's inability to perform essential job duties/functions. All costs associated with obtaining/providing additional medical information relating to this appeal are the financial responsibility of the employee.
D. 
Further medical information provided by the employee will then be submitted directly to the examining physician or psychologist who completed the initial review. The physician or psychologist will review the additional information and determine whether or not the employee can properly perform the essential job duties/functions of the position. The employee shall not be entitled to a second evaluation by another physician or psychologist.
(Prior code § 14.1971; Ord. 5478-B (Attach. A), 2007; Ord. 5683-B § 38, 2012; Ord. 5700-B § 31, 2013; Ord. 6104-B § 1, 2021)
A. 
If it is determined that the employee cannot perform the essential job duties/functions of the classification in which they are employed, with or without reasonable accommodation, due to a medical or psychological condition that meets the disability criteria under federal and state statutes, the county may take the following actions, as appropriate:
1. 
Engage in an interactive process with the employee and as a reasonable accommodation may consider reassignment to an alternate classification based on the following criteria:
a. 
Employee's ability to meet the minimum qualifications of the alternative classification;
b. 
Employee's ability to perform the essential job duties/functions of the alternative classification;
c. 
Rules governing lateral transfer and voluntary demotion; and
d. 
Availability of the position at the time of acceptance, as determined by the county executive office.
B. 
Appeal Process. The employee may appeal an offer of, or refusal to offer, reasonable accommodation by submitting a written request to the county disability management administrator within 14 calendar days of the offer. The request shall be in writing and set forth the offered accommodation, if any, the reason the offered accommodation or denial of accommodation is unreasonable, and any accommodation the employee feels would be reasonable.
1. 
The county disability management administrator will review the appeal, obtain any additional information from the appointing authority and submit the request to the county executive officer for consideration. After consultation with county counsel, the county disability management administrator, and the appointing authority, the county executive officer shall make one of the following findings:
a. 
Further consideration of alternatives is needed;
b. 
The appeal is upheld; or
c. 
The appeal is not justified and denied.
The decision of the county executive officer shall be final.
C. 
If the interactive process described above does not result in resolution, the county will submit an application for disability retirement on the employee's behalf in accordance with the Public Employees Retirement Law if the employee is eligible.
D. 
Separation of the employee from county service for medical cause will occur if: (1) the employee is not eligible for, or denied, disability retirement under the Public Employees Retirement Law; or (2) the employee declines an offer of reasonable accommodation; or (3) the employee fails to engage in the interactive process or reasonable accommodation cannot otherwise be satisfactorily achieved by the employee and the county. In taking such action to separate the employee for medical cause, the appointing authority shall follow the process set out in Article 3.08, Part 12, Disciplinary Action, as applicable, although the separation shall not be considered disciplinary action.
(Ord. 5627-B § 13, 2010; Ord. 5683-B § 40, 2012; Ord. 6068-B § 1, 2021)