All vacancies in the civil service shall be filled by transfer,
reemployment, reinstatement, demotion, or from eligibles certified
by the Director of personnel management from an appropriate list,
if available, or by provisional appointment. Certification of eligibles
and provisional appointments are governed by rules of the civil service
commission.
(SCC 226 § 2, 1975)
A.
An employee
may transfer from one department to another, within the same class,
with the approval of the appointing authorities of both departments.
B.
An employee
may transfer from a position in one class to a position in another
class with the prior approval of the Director of personnel management.
Requests for transfer to another class shall be made in writing to
the Director of personnel management. An employee may not transfer
to a class for which the employee is not qualified.
C.
This subdivision is intended to continue in effect without change the provisions of Rule 7.7(d) as adopted by the civil service commission on October 19, 1972, and is applicable only to medical center employees. From and after July 1, 1973, the Director shall from time to time prepare transfer eligibility lists of those County employees described in Section 2.78.820 who are not laid off pursuant thereto and hold positions in classifications which exist in departments other than the medical center. The director shall certify for appointment to vacant positions in such classes and departments other than the medical center persons on such transfer eligibility lists in the same manner as he would otherwise certify eligibles for open or promotional appointments. Employees on such transfer eligibility lists who do not desire to transfer from the medical center may decline to transfer at the time appointment to the vacant position is offered. Employees who have declined such transfer shall remain on the transfer eligibility lists and be entitled to decline offers of appointment thereafter. The foregoing shall be the exclusive method of filling such vacancies so long as there are employees in classes described in Section 2.78.820 for which such vacancies exist who desire to transfer.
D.
An employee
assigned to the Medical Center may qualify for a transfer pursuant
to subsection (c) by passing a transfer examination for a comparable
County class.
(SCC 226 § 2, 1975; SCC
522 § 1, 1982)
Persons who are laid off shall have the following entitlements
relating to reemployment:
A.
A person who held permanent status in the class from which the person was laid off, shall during the two-year period following the effective date of layoff be entitled to be appointed from a departmental reemployment list to a vacancy authorized to be filled in that class within the department from which the person was laid off, pursuant and subject to the provisions set forth in Sections 2.78.321 through 2.78.328.
B.
A person who held permanent status in the class from which he or she was laid off, shall also, during the two-year period following the effective date of layoff, be entitled to certification from a County-wide reemployment list for a vacancy in the class from which the person was laid off, which is authorized to be filled, pursuant and subject to the provisions set forth in Sections 2.78.321 through 2.78.328.
(SCC 226 § 2, 1975; SCC
337 § 1, 1978; SCC 415 § 9, 1980)
The entitlement to appointment or certification applies whether
the position in which the vacancy occurs is regular, temporary or
limited-term.
(SCC 337 § 2, 1978)
A.
Personnel
serving under limited-term appointments shall not be entitled to reemployment
rights or to placement on either a departmental or County-wide reemployment
list, whether or not they held permanent status as limited-term appointees
in the class from which they are separated.
B.
The
right of personnel employed under the Comprehensive Employment and
Training Act (CETA) to reemployment, to be placed upon either departmental
or County-wide reemployment lists, their order on such lists, and
their priority of appointment from such lists shall be subject to
and in compliance with all requirements established by congressional
enactments, federal regulations and orders and grant terms and conditions
as such enactments, regulations, orders, terms and conditions may
change and apply from time to time.
(SCC 337 § 2, 1978)
The County shall prepare a departmental reemployment list for
each class in each department in which an employee with permanent
status in that class is laid off. As personnel are separated from
a class in which they held permanent status their names shall be added
to the list for the class and department in which the layoff occurs.
The order of personnel on each departmental reemployment list shall be based upon seniority according to the original date of appointment to the class to which the list refers as determined under Sections 2.78.810, 2.78.815 and 2.78.816.
(SCC 337 § 2, 1978; SCC
415 § 10, 1980; SCC 463 § 1,
1981)
The County shall prepare County-wide reemployment lists for
each class from which personnel with permanent status in the class
are laid off. Each list shall constitute a merger from departmental
reemployment lists of persons who are laid off from the class and
who hold permanent status therein.
The order of personnel on each County-wide reemployment list shall be based upon seniority according to the original date of appointment to the class to which the list refers, as determined under Sections 2.78.810, 2.78.815 and 2.78.816.
(SCC 337 § 2, 1978; SCC
463 § 2, 1981)
With respect to the entitlement to appointment or certification,
the following priorities shall apply in relation to vacancies in classes
to which the entitlement is applicable:
A.
A vacancy
in a class shall be filled first from the Medical Center transfer
eligible lists prescribed in Section 7.7(d) of the Civil Service Rules,
as that section existed prior to August 15, 1974. If the vacancy is
not filled by appointment from the Medical Center transfer eligible
list, then;
B.
The
vacancy shall be filled from that departmental reemployment list for
the class in which the vacancy exists, and for the department in which
the vacancy exists. Persons shall be appointed to vacancies in the
order of the list.
1.
One
person shall be offered an appointment for each vacancy in accordance
with the order of the list. If that person declines appointment, the
next person in order shall be offered appointment.
2.
A
person to whom an appointment is intended to be offered may be contacted
personally and may accept appointment orally. A person shall not be
deemed to have declined appointment unless he or she has done so in
writing, or unless written notice of the offer of appointment has
been transmitted by certified mail to his or her last known address
and he or she has failed to accept the appointment in writing within
five calendar days following the date of mailing of the notice.
C.
No person
shall be certified for appointment from a County-wide reemployment
list to a vacancy in a class until there are no longer any names on
that departmental reemployment list for the class within the department
in which the vacancy exists or all persons on that departmental reemployment
list have declined appointment to that vacancy.
In such event the names of three persons shall be certified
from the County-wide reemployment list for the class in which the
vacancy exists in accordance with the order of the list. The names
shall be certified to the appointing authority for the class in which
the vacancy exists, who shall have discretion to offer the appointment
to one of the three. If there is more than one vacancy, an additional
name shall be certified for each vacancy in excess of one.
1.
For
each person who declines an offer of appointment, an additional name
shall be certified.
2.
A
person on the County-wide reemployment list shall be deemed to have
declined appointment under the same circumstances and in accordance
with the same procedure as is specified in subparagraph "2" of paragraph
"b.", above.
3.
If
there are fewer than three names on the County-wide reemployment list,
a rank or ranks of additional names shall be certified from regular
eligible lists so as to provide a total of not less than three persons
available for appointment.
(SCC 226 § 2, 1975; SCC
337 § 3, 1978)
The names of persons shall be deemed removed from departmental
reemployment lists and their entitlement to appointment from such
lists terminated as follows:
a.
Upon
the expiration of two years following the effective date of layoff
of each person;
b.
As a
result of appointment to a regular position within the County service
in a class which is the same as the one for which the list exists
or which, at the time of appointment, is equal to or higher than the
one for which the list exists in salary when measured at the top step
of the salary schedule (personnel shall not be deemed removed from
such lists by virtue of appointment to any temporary or limited-term
position in any class);
c.
Upon declination of appointment from the list, under the same circumstances and in accordance with the same procedure as is specified in subparagraph "2" of paragraph "b", of Section 2.78.325, except in instances where the person states in writing that he or she is temporarily medically incapacitated;
d.
In the
event a person states in writing that he or she does not desire appointment
from the list, or fails to file a written statement expressing his
or her desire for appointment within five calendar days following
certified mailing to his or her last known address.
(SCC 337 § 4, 1978; SCC
415 § 11, 1980)
The names of persons shall be deemed removed from County-wide
reemployment lists and their entitlement to certification from such
lists terminated, as follows:
A.
Upon
the expiration of two years following the effective date of layoff
of each person;
B.
As a
result of appointment to a regular position within County service
in a class which is the same as the one for which the list exists
or which, at the time of appointment, is equal to or higher than the
one for which the list exists in salary when measured at the top step
of the salary schedule (personnel shall not be deemed removed from
such lists by virtue of appointment to any temporary or limited-term
position in any class);
C.
In the
event a person states in writing that he or she does not desire appointment
from the list, or fails to file a written statement expressing his
or her desire for appointment within five calendar days following
certified mailing to his or her last known address;
D.
Removal
from the Departmental Reemployment List. The removal shall be from
that Countywide reemployment list for the class to which the departmental
reemployment list applied.
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Except as provided in subsection (C) of Section 2.78.326, a person shall be authorized to decline appointment to a class to which he or she has been certified by submitting a written statement which objects to the appointment on the basis of the identity of the department, geographical location of the job, or shift schedule of the job. Such a declination shall not result in removal of the person from the Countywide reemployment list.
|
|
However, the person shall not thereafter be certified for appointment
to a vacancy which falls within the description of the written objection.
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(SCC 337 § 4, 1978; SCC
415 § 13, 1980)
A.
When
a person is reemployed from either a departmental reemployment list
or a County-wide reemployment list, the period of unemployment following
the layoff shall not be treated as an interruption of service for
purposes of reestablishing salary, benefits or seniority. The period
of such unemployment shall be treated as County service for seniority
purposes. However, with the exception of seniority, the period of
unemployment shall not be treated as County service for any other
purposes.
B.
Effective
July 1, 2009, any person who is reemployed from either a departmental
reemployment list or a County-wide reemployment list into a permanent
position in County service shall be entitled to reinstatement of any
sick leave balances that had previously accrued to that employee as
of the effective date of lay-off.
(SCC 337 § 4, 1978; SCC
415 § 13, 1980; SCC 1432 § 1,
2009)
A.
A former
employee who held permanent status in a class at the time of resignation
in good standing may be appointed to a vacancy in that class or, with
the approval of the Director of personnel management, to a lower class
for which the former employee is qualified. Reinstatement may take
place only within three years of the effective date of resignation.
Reinstatement is subject to the discretion of the appointing authority.
B.
A former
employee who is reinstated to a temporary position, within three years
of resignation in good standing, may in the discretion of the appointing
authority, and with the approval of the Director of personnel management,
be further reinstated to a permanent position in the same class even
though more than three years have passed since the person resigned
from the permanent position, provided there has been no break in the
temporary service.
C.
A permanent
employee who has vacated a regular position to accept another position
in a higher class in the same department, or in a class on the same
level in the same department, under a provisional or temporary appointment,
shall have a right to reinstatement to the former class upon the termination
of his or her provisional or temporary appointment. With the written
agreement of the appointing authorities of both departments, this
provision shall apply also to an employee who accepts a provisional
or temporary appointment in a department other than the department
of permanent assignment.
E.
Reinstatement as provided in subsections A, B, and D shall also be permissible, with the approval of the Director of Personnel Management, to a class for which the former or current employee is qualified in the same salary range as the class from which employee held permanent status at the time of resignation in good standing or layoff.
G.
The three-year period specified in subsection A shall not commence until the date on which the former employee's continuous County employment terminates. For the purposes of this subdivision, "continuous County employment" means uninterrupted employment in any position or positions as an officer or employee of the County of Sacramento, a municipal court district in the County of Sacramento, the Sacramento Superior Court or a joint powers agency organized under the provisions of the Government commencing with Section 6500 which includes the County of Sacramento as a contracting party; provided that the employee meets the minimum qualifications of the class to which the employee is reinstated as specified in the civil service class specifications for the class at the time of reinstatement.
(SCC 226 § 2, 1975; SCC
337 § 4, 1978; SCC 415 § 12,
1980; SCC 448 § 1, 1981; SCC 459 § 1, 1981; SCC 636 § 1,
1985; SCC 646 § 1, 1986; SCC 685 §§ 1, 2, 1987)
Persons appointed from a reemployment list or by reinstatement
shall be employed contingent upon passing a medical examination provided
at County expense. Persons appointed from a reemployment list shall
be approved for employment unless they are suffering from a communicable
disease or are medically incapable of performing the duties of the
position.
(SCC 226 § 2, 1975)
A.
A person with permanent civil service status appointed to a position exempt from civil service has a right to return to the former civil service position as provided in subsection (D), if released from the exempt position for reasons which are not cause for dismissal from the former civil service position. The right to return as provided in this subsection is not lost if the exempt appointee is appointed from one exempt position to another without break in service.
B.
Any person in a civil service position subject to an exempt appointee's right to return as provided in subsection (A) who was appointed to such position from a position in which the person had permanent status, and who is displaced as a result of the exercise of the exempt appointee's right to return, has a right to return to the former civil service position as provided in subsection (D).
C.
Any person in a civil service position subject to a right to return as provided in subsection (B), who was appointed to such position from a position in which the person had permanent status, and who is displaced as a result of the exercise of said right to return, has a right to return to the former civil service position as provided in subsection (D). This subsection applies in succession to persons displaced due to the application of this subsection to provide the same right for each such displaced person to return to a position in which the person formerly had permanent status.
D.
"Right
to return," for the purposes of this section, means a right to return
to the position in which a person had permanent status, from which
the person was appointed to another position. When a right to return
is exercised, if the position to which a person has a right to return
is occupied, in the discretion of the appointing authority for that
position, the person may instead be returned to an alternate position
which is vacant if one is available. Such alternate position shall
be in the same class or a similar class at a comparable salary level.
E.
This
section applies to persons appointed prior to the adoption of this
section.
F.
This
section also applies to persons appointed to the position of Retirement
Administrator of the Sacramento County Employees' Retirement System.
(SCC 226 § 2, 1975; SCC
702 § 1, 1987)
