"Appointing authority"
means, for purposes of Chapter 3 only, the employee's department head or county executive.
"Discipline"
means discharge (termination of employment), suspension without pay, demotion, or reduction of wages.
"Hearing body"
means the civil service commission where disciplinary action is of a classified employee, and the board of supervisors where the employee is an unclassified employee, except as provided by Section 3.08.1270.
(Prior code § 14.2200; Ord. 5006-B, 1999; Ord. 5478-B (Attach. A), 2007; Ord. 5683-B § 45, 2012)
The following shall be grounds for disciplinary action:
A. 
Unauthorized absence;
B. 
Conviction of a felony or conviction of a misdemeanor involving moral turpitude. A plea or verdict of guilty, or a conviction following a plea of nolo contendere, to a charge of a felony or any offense involving moral turpitude is deemed to be a conviction within the meaning of this section;
C. 
Disorderly or immoral conduct;
D. 
Dishonesty;
E. 
Incompetence or inefficiency;
F. 
Insubordination;
G. 
The use of alcohol, drugs or narcotics, medications or any substance that impairs job performance and/or the safety of the employee and/or other persons;
H. 
Neglect of duty other than incompetence or inefficiency or failure to meet reasonable work performance standards and requirements;
I. 
Negligence of, or willful damage to, waste of, or unauthorized use or theft of, public supplies or equipment;
J. 
Violation of civil service laws, county policies and/or procedures;
K. 
Fraud in securing appointment;
L. 
Failure to meet reasonable work performance standards and requirements;
M. 
Discourteous treatment of the public or other employees;
N. 
Improper political activity;
O. 
Other failure of good behavior either during or outside of duty hours which is of such a nature that it causes discredit to their agency or employment. The county shall be held to a standard of expectation which is no less than those standards of the state civil service system and applicable case law.
(Prior code § 14.2210; Ord. 5058-B (Attach. 24), 2000; Ord. 5089-B, 2001; Ord. 5478-B (Attach. A), 2007; Ord. 5577-B § 1, 2009; Ord. 5683-B § 46, 2012; Ord. 5700-B § 35, 2013; Ord. 6159-B § 1, 2022)
A. 
DSA, DDAA, PPOA, and PPEO Represented Employees, Classified Management and Confidential. Prior to initiating any discipline as hereinafter provided, an appointing authority considering discipline consisting of discharge, suspension without pay for 32 or more scheduled work hours, demotion or reduction of wages shall first review the matter with the county executive officer.
B. 
PPEO, PPOA, and DDAA Represented Employees, Classified Management and Confidential. No appointing authority shall dismiss any disciplinary action or impose any discipline less than that recommended by the county executive officer, without the express authorization of the county executive officer.
C. 
DSA Represented Employees. No appointing authority shall dismiss any disciplinary action or impose any discipline less than that recommended by the county executive officer without reviewing the matter with the county executive officer.
D. 
The appointing authority may review minor proposed discipline with the county executive officer.
E. 
Employees classified as exempt under the Fair Labor Standards Act shall not be disciplined by suspension without pay for less than a full work week, unless it is a penalty imposed in good faith for infractions of safety rules of major significance.
F. 
PCLEMA Represented Employees. For employees represented by PCLEMA, the discipline procedure shall be as set forth in the Memorandum of Understanding between the county and PCLEMA.
(Prior code § 14.2213; Ord. 5044-B, 2000; Ord. 5478-B (Attach. A), 2007; Ord. 5577-B § 2, 2009; Ord. 5627-B § 16, 2010; Ord. 6213-B § 1, 2023; Ord. 6246-B, 1/23/2024; Ord. 6303-B, 3/18/2025)
Except as provided in Section 3.08.1250, disciplinary action shall be commenced by an appointing authority preparing a written notice of proposed action containing the following:
A. 
The name of the employee.
B. 
The section number or numbers of the rules or regulations violated constituting the charges.
C. 
The reasons for which the disciplinary action is proposed to be taken on such charges.
D. 
Any materials upon which the action is based.
E. 
A statement informing the employee of his or her rights to respond, either orally or in writing, to the appointing authority within seven calendar days.
(Prior code § 14.2215; Ord. 5478-B (Attach. A), 2007; Ord. 5577-B § 3, 2009; Ord. 5627-B § 17, 2010)
At the expiration of the time specified in Section 3.08.1210(E), and after investigating and considering such responses, oral or written, as the employee may have made, the appointing authority may file, within 40 calendar days, a written order initiating discipline containing the following:
A. 
The name of the employee.
B. 
The section number or numbers of Placer County code, policies or procedures violated constituting the charges.
C. 
The reasons for which the disciplinary action is proposed to be taken on such charges.
D. 
Any materials upon which the action is based.
(Prior code § 14.2220; Ord. 5478-B (Attach. A), 2007; Ord. 5577-B § 4, 2009; Ord. 5627-B § 18, 2010; Ord. 6223-B, 10/17/2023)
Deputy Sheriff's Association, PCLEMA, DDAA, PPOA, and PPEO Represented Employees, Classified Management and Confidential. The appointing authority or designated representative shall personally serve one copy on the employee and send one copy to the director of human resources. No copy of such order may be placed in such employee's personnel file until the discipline has become effective as provided in Section 3.08.1260.
(Prior code § 14.2222; Ord. 5478-B (Attach. A), 2007; Ord. 5577-B § 5, 2009; Ord. 5627-B § 19, 2010; Ord. 5991-B § 1, 2019; Ord. 6213-B § 1, 2023; Ord. 6246-B, 1/23/2024; Ord. 6303-B, 3/18/2025)
DSA, PPEO, PCLEMA, DDAA, PPOA, Classified Management and Confidential Employees.
A. 
Pending investigation by the appointing authority of charges against an employee, the appointing authority may, in writing, and with the approval of the county executive officer order the employee placed on immediate paid administrative leave of absence until charges are filed under Section 3.08.1230. Such interim suspension may only be made if the appointing authority and county executive officer determine it is in the best interest of the department or county to do so.
B. 
If notice is served under Section 3.08.1210, the appointing authority may with county executive officer approval, in writing, order that such interim suspension continue until such discipline becomes effective as provided in Section 3.08.1260, or such charges are dismissed. Such further suspension may only be made if the appointing authority and the county executive officer determine that it is in the best interest of the department or county to do so.
(Prior code § 14.2225; Ord. 5478-B (Attach. A), 2007; Ord. 5577-B § 6, 2009; Ord. 5627-B § 20, 2010; Ord. 5683-B § 47, 2012; Ord. 5700-B § 36, 2013; Ord. 6213-B § 1, 2023; Ord. 6246-B, 1/23/2024; Ord. 6303-B, 3/18/2025)
The employee may file a request for an appeal hearing within 10 calendar days of being served, per Placer County Code, Chapter 3, Section 3.08.1280.
A. 
PPEO, PCLEMA, DDAA, PPOA, Classified Management and Confidential. Discipline less than termination shall become effective 11 calendar days after the employee has been served with the order of discipline, whether or not an appeal has been filed by the employee.
B. 
DSA Represented. Discipline not involving termination shall become effective when either the employee has not filed a request for appeal hearing (within the 10 calendar days as required under Section 3.08.1280) or at the conclusion of a hearing when findings have been made by the commission.
C. 
Discipline that involves discharge shall become effective when the appointing authority has served the employee with a copy of the order and filed the original order with the human resources director pursuant to Section 3.08.1240.
(Prior code § 14.2228; Ord. 5478-B (Attach. A), 2007; Ord. 5577-B § 7, 2009; Ord. 5627-B § 21, 2010; Ord. 5683-B § 48, 2012; Ord. 5879-B § 8, 2017; Ord. 5885-B § 2, 2017; Ord. 6223-B, 10/17/2023; Ord. 6246-B, 1/23/2024; Ord. 6303-B, 3/18/2025)
An appeal by an employee in the classified service shall be made to the civil service commission except that the director of human resources shall appeal to the board of supervisors.
(Prior code § 2230; Ord. 5478-B (Attach. A), 2007; Ord. 5991-B § 1, 2019)
PPEO, PPOA, DSA, PCLEMA, DDAA, Classified Management and Confidential Employees. An employee desiring to appeal shall file with the hearing body an answer admitting or denying, in whole or in part, the allegations of the order. Matters not admitted by the filed answer shall be deemed denied. Such answer must be filed within 10 calendar days of receipt of such order by such employee, or their representative, in care of the human resources director. The human resources director, or clerk to the commission, shall record the date it was filed and shall:
A. 
Place one copy in the employee's personnel file;
B. 
Place one copy on file for the civil service commission and counsel for the commission;
C. 
Transmit one copy to the appointing authority;
D. 
Transmit one copy to the county counsel's office;
E. 
Transmit one copy to the county executive officer.
(Prior code § 14.2235; Ord. 5478-B (Attach. A), 2007; Ord. 5577-B § 8, 2009; Ord. 5627-B § 22, 2010; Ord. 5991-B § 1, 2019; Ord. 6159-B § 1, 2022; Ord. 6223-B, 10/17/2023; Ord. 6246-B, 1/23/2024; Ord. 6303-B, 3/18/2025)
PPEO, PPOA, DSA, PCLEMA, DDAA, Classified Management and Confidential Employees.
A. 
After the date the answer is filed with the hearing body, such body shall hold a hearing at a special meeting to determine whether such disciplinary action shall be sustained. The hearing shall be scheduled at the earliest possible date taking into consideration adequate time to schedule the parties, commissioners and counsel.
B. 
Attorneys. Any party is entitled to be represented by legal counsel. The county counsel, or deputy, may participate in the examination of witnesses. The hearing body shall be represented by its counsel in the conduct of the hearing.
C. 
Closed Session Hearings. Hearings 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, unless the employee or their representative, files a written request for the hearing to be held in open session at least seven calendar days prior to the date of the hearing. 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.
D. 
Oaths. All testimony shall be given under oath. The hearing body or counsel to the hearing body shall have the authority to administer the oath.
E. 
Evidence.
1. 
Order of Evidence. All facts must be established by a preponderance of the evidence. The appointing authority shall have the burden to prove the grounds for the disciplinary action and that the proposed sanction is appropriate. The appointing authority shall be required to present its case first. The hearing body and its counsel shall have the right to ask questions of the parties and of any witnesses and each party shall have the right to present evidence in rebuttal.
2. 
Relevancy. Only evidence which is relevant and material to the disciplinary action shall be admissible. Counsel for the hearing body shall rule as to the admissibility of evidence. The hearing body shall not be bound by the formal rules of evidence required of a formal court hearing.
F. 
Recording. All oral testimony received by the hearing body shall be recorded in some appropriate form.
G. 
Subpoenas. The hearing body 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.
(Prior code § 14.2240; Ord. 5478-B (Attach. A), 2007; Ord. 5577-B § 9, 2009; Ord. 5627-B § 23, 2010; Ord. 5991-B § 1, 2019; Ord. 6159-B § 1, 2022; Ord. 6213-B § 1, 2023; Ord. 6223-B, 10/17/2023; Ord. 6246-B, 1/23/2024; Ord. 6303-B, 3/18/2025)
PPEO, PPOA, DSA, PCLEMA, DDAA, Classified Management and Confidential Employees.
A. 
At the conclusion of the hearing, the hearing body may sustain, modify or reverse the discipline imposed by the appointing authority and may make such findings and enter such orders as it deems appropriate.
B. 
If the hearing body orders reinstatement of the employee the findings shall specify the effective date of the reinstatement. The hearing body shall provide written notification to the parties of its decision in a reasonable time following the conclusion of the hearing.
(Prior code § 14.2245; Ord. 5478-B (Attach. A), 2007; Ord. 5577-B § 10, 2009; Ord. 5627-B § 24, 2010; Ord. 6159-B § 1, 2022; Ord. 6213-B § 1, 2023; Ord. 6223-B, 10/17/2023; Ord. 6246-B, 1/23/2024; Ord. 6303-B, 3/18/2025)