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.
D. Reinstatement as provided in subsections
A and
B shall also be permissible for a former or current employee who held permanent status in a class at the time of layoff from such class, provided that such reinstatement occurs under subsection
A within three years of the effective date of layoff.
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.
F. A person who is reinstated to a permanent position in accordance with subsection
A,
B,
D, or
E shall be required to serve the probationary period applicable to the class to which the person is reinstated.
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.
H. Subsections
(D),
(E),
(F) and
(G) shall not be applicable to any class covered by a labor agreement unless such provision is contained in the applicable labor agreement.
(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)