All positions in the unclassified service shall be governed by the provisions of this part.
(Prior code § 14.2300; Ord. 5478-B (Attach. A), 2007)
For each position in the unclassified service, job specifications shall be prepared by the human resources director and approved by the county executive officer.
(Prior code § 14.2305; Ord. 5478-B (Attach. A), 2007; Ord. 5876-B § 2, 2017)
A. 
When, in the opinion of either a department head or the county executive, an employee's conduct warrants disciplinary action, either the department head or the county executive may take disciplinary action following procedures set forth in subsection B of this section. However, unclassified employees shall not be disciplined by suspension without pay for less than a full workweek, unless it is a penalty imposed in good faith for infractions of safety rules of major significance.
B. 
Except as otherwise provided, disciplinary action shall be commenced by a department head or the county executive by the preparation of a written notice of proposed action containing the following:
1. 
The name of the employee;
2. 
The reason or reasons for which the employee is being suspended;
3. 
Any written materials upon which the action is based;
4. 
A statement informing the employee of his or her right to respond, either orally or in writing, to the appointing authority within five working days.
C. 
At the expiration of the five working days and after considering such responses, oral or written, as the employee may have made, the appointing authority may file a written order initiating discipline containing the following:
1. 
The name of the employee;
2. 
The section number or numbers of the rules or regulations violated constituting the charges and the disciplinary action proposed;
3. 
The reasons for which the disciplinary action is proposed to be taken on such charges;
4. 
Any materials upon which the action is based.
D. 
The appointing authority shall personally serve one copy on the employee and send, not later than three working days after the date of the disciplinary action, one copy each to the county executive, county counsel and director of human resources.
E. 
The action of the appointing authority or executive officer in issuing the written order shall be final.
F. 
Nothing in this section shall be deemed to abridge the right of a department head or the county executive to discharge from the unclassified service any employee serving at the pleasure of his or her appointing authority.
(Prior code § 14.2315; Ord. 5044-B, 2000; Ord. 5478-B (Attach. A), 2007; Ord. 5991-B § 1, 2019)
Unclassified Management and Unclassified Nonmanagement Employees. Work-out-of-class pay is distinguished from temporary upgrade pay in that the latter is for assignments in which the employee is performing the full scope of an upgraded classification, whereas work-out-of-class pay is in recognition of duties performed in addition to their regularly assigned duties. Work-out-of-class pay is not in recognition of workload volume but to the additional higher-level duties assigned that fall outside the employee's classification.
A. 
Work-Out-of-Class Pay.
1. 
In line with the principle that an employee assigned higher level job duties outside the scope of the current classification should receive additional compensation in recognition of these additional duties, an employee may be eligible for work-out-of-class pay as set forth below.
2. 
Work-out-of-class requests shall be approved by the appointing authority and submitted to the human resources department for verification of eligibility and/or approval.
3. 
A work-out-of-class assignment for training purposes may be excluded from work-out-of-class compensation provided such training purposes can be adequately demonstrated.
4. 
No work-out-of-class compensation will be considered or paid for assignments of two workdays or less.
5. 
Additional compensation for working out-of-class shall be five percent of the employee's base hourly rate, plus longevity if applicable, and start at the beginning of the pay period, unless approved by the human resources director or designee.
6. 
Work-out-of-class pay may be approved by the appointing authority for up to 14 calendar days; from 15 calendar days up to and including 180 calendar days requires approval of the human resources director. Any extension beyond 180 calendar days shall require the concurrence of the county executive officer.
7. 
The human resources department shall hear any contention that an employee is working out-of-class. In the event of an adverse decision by the human resources department, the employee concerned and/or their employee representative shall have the right to appeal such decision to the civil service commission.
B. 
Temporary Upgrade Pay.
1. 
Employees that are required by their appointing authority to work in an upgraded classification for a limited duration shall be eligible for temporary upgrade pay.
2. 
The human resources department must certify prior to the assignment that the duties the individual employee will be working for a limited duration will be the full scope of the duties of the upgraded classification and that the employee meets the minimum qualifications of the upgraded classification.
3. 
Employees will be eligible for temporary upgrade pay when work conditions warrant.
4. 
A request for a temporary upgrade assignment shall be made by the appointing authority to the human resources department:
a. 
When the position is vacant due to an absence of the incumbent; or
b. 
When workloads necessitate the assignment of employees to supplement a specific position or perform new assignments.
5. 
A temporary upgrade assignment for training purposes may be excluded from temporary upgrade pay, provided such training purposes can be adequately demonstrated.
6. 
Temporary upgrade pay up to and including 180 calendar days requires approval by the director of human resources or designee, and durations in excess of 180 calendar days shall require the concurrence of the county executive officer.
7. 
No temporary upgrade pay will be considered or paid for assignments of 14 calendar days or less.
8. 
Temporary upgrade pay shall be no less than a minimum of five percent. The pay shall fall on the closest step in the upgraded classification that results in at least a five percent increase and shall start at the beginning of a pay period, unless approved by the human resources director or designee.
9. 
The human resources department shall hear any contention that an employee is working in a temporary upgraded assignment. In the event of an adverse decision by the human resources department, the employee concerned and/or their employee representative shall have the right to appeal such decision to the civil service commission.
(Ord. 5876-B § 1, 2017; Ord. 6161-B § 1, 2022; Ord. 6213-B § 1, 2023; Ord. 6259-B, 3/26/2024)