Except as otherwise required by the context, when used in this chapter, the following terms shall have the meanings stated:
1. 
"Benefits" means County unemployment benefits payable pursuant to this chapter.
2. 
"Full-time work" means paid services for full-time County employment, normally 40 hours a week.
3. 
"Director" means the County personnel director or his designee, functioning under the direction of the County Executive.
4. 
"Week" means calendar week.
5. 
"Wages" means all monetary compensation for personal services paid by the County, but excluding mileage, travel, clothing or uniform, and other reimbursements.
(SCC 76 § 1, 1972)
Benefits are payable to unemployed individuals who have been laid off from employment with permanent civil service status, in conformity with Rule 10.1 of the Sacramento County Civil Service Rules.
(SCC 76 § 1, 1972)
Benefits are payable to individuals hired under the Emergency Employment Act who have been laid off from employment with permanent civil service status, in conformity with Rule 10.1 of the Sacramento County Civil Service Rules, to the extent that federal grant funds are available to pay such unemployment benefits.
(SCC 76 § 1, 1972)
An individual is "unemployed" in any week during which he or she performs no services and with respect to which no wages are payable to him or her, or in any week of less than full-time work if the wages payable to him or her with respect to that week are less than his weekly benefit amount. For purposes of this section, the term "wages" includes any and all compensation for personal services whether performed as an employee or as an independent contractor.
(SCC 76 § 1, 1972)
An unemployed individual is eligible to receive benefits with respect to any week only if the Director finds that:
a. 
A claim for benefits with respect to that week has been made in accordance with authorized regulations;
b. 
He or she has registered for work, and thereafter continued to report, at a public employment office or such other place as the Director may approve;
c. 
He or she was able to work and available for work for that week;
d. 
He or she conducted a search for suitable work in accordance with specific and reasonable instructions of the Director.
(SCC 76 § 1, 1972)
An individual who has been unemployed for one or more weeks and who has been receiving benefits shall not be terminated from benefits in the event he or she is unable to work due to disability and he or she is able to provide the Director with satisfactory evidence that the disability is sufficient to keep him or her from working or seeking work. Any income received from disability benefits or disability insurance, during a period an unemployed individual receives benefits under this section, shall be considered "wages". If an individual becomes disabled when he or she is not receiving benefits, he or she shall not be eligible for benefits until he or she meets the requirements of Section 2.81.021.
(SCC 76 § 1, 1972)
An unemployed individual who is in all respects otherwise eligible for benefits shall not be deemed ineligible for any week in which, for not exceeding two working days, he or she cannot reasonably be expected to work because:
a. 
There has been a death in his immediate family;
b. 
He or she is unlawfully detained;
c. 
He or she is lawfully detained or arrested, but the charge against such individual is subsequently dismissed;
d. 
Notwithstanding any other provision of this chapter, any determination made pursuant to subdivision (c) of this section may, if no appeal has been filed therefrom, be reconsidered by the Director within 15 days from the date that the charge is dismissed. Notice of any reconsidered determination shall be given to the claimant.
(SCC 76 § 1, 1972)
An individual is not eligible for benefits on account of unemployment for any week or part of any week with respect to which he has received or is seeking unemployment benefits under the unemployment compensation law of any state or of the United States. If the appropriate agency of the state or of the United States finally determines that he or she is not entitled to unemployment compensation benefits, this section shall not apply.
(SCC 76 § 1, 1972)
a. 
An individual is not eligible for benefits for the same day or days of unemployment for which he or she is allowed by the Worker's Compensation Appeals Board, or for which he or she receives benefits in the form of cash payments for temporary total disability indemnity, under a worker's compensation law or employer's liability law of this state, or of any other state, or of the federal government, except that if such cash payments are less than the amount he or she would otherwise receive as benefits under this chapter, he shall be entitled to receive for such day or days, if otherwise eligible, benefits reduced by the amount of such cash payments.
b. 
Notwithstanding any other provision of this chapter, an individual who is ineligible to receive benefits under subsection (a) of this section for one or more days of a week of unemployment and who is eligible to receive unemployment benefits for the other days of that week is, with respect to that week, entitled to an amount of unemployment benefits computed by reducing his weekly benefit amount by the amount of temporary total disability indemnity received for that week.
c. 
The amount determined under subsection (a) or (b), if not a multiple of one dollar, shall be computed to the next higher multiple of one dollar.
(SCC 76 § 1, 1972)
An employee laid off because the function served, at least in part, by his position has been transferred voluntarily or involuntarily, wholly or partially, to another agency, public or private, shall be disqualified if he does not accept employment connected with the transferred function and made available by the agency to which the transfer was made.
(SCC 76 § 1, 1972)
a. 
An individual is disqualified for benefits if the Director finds that he left his most recent work voluntarily without good cause or that he has been discharged for misconduct connected with this work.
b. 
An individual is presumed to have been discharged for reasons other than misconduct in connection with his work and not to have voluntarily left his work without good cause unless his employer has given written notice to the contrary to the Director within five days after the termination of service, or to the State Department of Human Resources Development, setting forth facts sufficient to overcome the presumption. If the employer files such notice, the question shall immediately be determined in the same manner as benefit claims.
c. 
An individual disqualified under this section under a determination transmitted to him by the Director, is ineligible to receive benefits for the week in which the act that causes his disqualification occurs and continuing until he has, subsequent to the act that causes disqualification and his registration for work, performed service in bona fide employment for which remuneration is received equal to or in excess of five times his weekly benefit amount.
(SCC 76 § 1, 1972)
An individual is also disqualified for benefits if:
a. 
He willfully made a false statement or representation or willfully failed to report a material fact to obtain any benefits under this chapter. An individual disqualified under this subdivision, under a determination transmitted to him by the Director, is ineligible to receive benefits for the week in which the determination is mailed to or personally served upon him, or any subsequent week, for which he is first otherwise in all respects eligible, for unemployment compensation benefits. No disqualification under this subdivision shall be applied to any week if all or any portion of the week is beyond the three-year period next succeeding the date of the mailing or personal service of the determination;
b. 
He, without good cause, refused to accept suitable employment when offered to him, or failed to apply for suitable work when notified by a public employment office or by the Director. An individual disqualified under this subdivision, under a determination transmitted to him by the Director, is ineligible to receive benefits for not less than two nor more than ten consecutive weeks beginning with:
1. 
The week in which the cause of his disqualification occurs, if he registers for work in that week,
2. 
The week subsequent to the occurrence of the cause of his disqualification in which he first registers for work, if he does not register for work in the week in which the cause of his disqualification occurs.
(SCC 76 § 1, 1972)
"Suitable employment" means work in the individual's usual occupation or for which he is reasonably fitted, or which he has performed for pay for the County.
In determining whether the work is work for which the individual is reasonably fitted, the Director shall consider the degree of risk involved to his health, safety, and morals, his physical fitness and prior training, his experience and prior earnings, his length of unemployment and prospects for securing local work in his customary occupation, and the distance of the available work from his residence. Any part-time or short-term work offered under such conditions is suitable if it gives to the individual wages at least equal to his weekly benefit amount for total unemployment.
In any particular case in which the Director finds it impracticable to apply one of the foregoing standards he may apply any standard which is reasonably calculated to determine what is suitable employment.
No work or employment shall be deemed suitable and benefits shall not be denied to any otherwise eligible and qualified individual for refusing new work under any of the following conditions:
a. 
If the position offered is vacant due directly to a strike, lockout, or other labor dispute;
b. 
If the wages, hours, or other conditions of the work offered are substantially less favorable to the individual than those prevailing for similar work in the locality;
c. 
If, as a condition of being employed, the individual would be required to resign from or refrain from joining any bona fide labor organization.
(SCC 76 § 1, 1972)
An individual is not eligible for benefits, and no benefits shall be payable to him, if he left his most recent work because of a trade dispute. Such individual shall remain ineligible for the period during which he continues out of work by reason of the fact that the trade dispute is still in active progress in the establishment in which he was employed.
(SCC 76 § 1, 1972)
A determination of eligibility for benefits while in retraining may be issued to an unemployed individual if the Director finds that:
a. 
Reasonable employment opportunities for which the unemployed individual is fitted by training and experience do not exist or have substantially diminished in the labor market area in this state in which he is claiming benefits;
b. 
The retraining course of instruction relates to an occupation or skill for which there are or are expected to be in the immediate future, reasonable employment opportunities in any labor market area in this state in which the individual intends to seek work;
c. 
The individual has the required qualifications and aptitudes to complete the course successfully.
(SCC 76 § 1, 1972)
An unemployed individual who is able to work is eligible to receive benefits under this chapter with respect to any week during a period of retraining only if the Director finds that:
a. 
He has been determined eligible under Section 2.81.045;
b. 
He has submitted with each claim a written certification executed by a responsible person connected with the retraining program certifying that he was enrolled in and satisfactorily pursuing the retraining course of instruction.
(SCC 76 § 1, 1972)
An unemployed individual otherwise eligible for benefits shall not be disqualified for refusing suitable employment offered to him, or failing to apply for suitable employment when notified by a public employment office, or by the Director, if the acceptance of or applying for suitable employment would require him to terminate his retraining course of instruction.
(SCC 76 § 1, 1972)
The amount of benefits shall be based on all wages paid to an individual by Sacramento County for the last twenty-six biweekly pay periods immediately prior to the start of the benefit period. The lump sum or other payment of accrued unused vacation pay and compensating time off at termination of County employment shall be wages for the purposes of this chapter, and shall be allocated to the period following termination at the individual's rate of pay at termination from County employment. Such allocation shall extend the period for which the individual last receives wages from Sacramento County for purposes of this chapter.
(SCC 76 § 1, 1972)
"Benefit period" means, with respect to any individual, the fifty-two week period beginning with the first day of the week with respect to which the individual first files a valid claim for benefits. Such period shall start within the thirteen biweekly pay periods next following the close of the pay period for which the individual last received wages from Sacramento County, and shall not start earlier than the first day of the week next following that pay period unless the payment for such pay period is less than one weekly benefit amount. No individual is eligible for benefits for any period outside the benefit period.
(SCC 76 § 1, 1972)
Each individual eligible under this chapter who is unemployed in any week shall be paid with respect to that week a benefit equal to his weekly benefit amount less the amount of wages in excess of twelve dollars payable to him for services rendered during that week. The benefit payment, if not a multiple of one dollar, shall be computed to the next higher multiple of one dollar. For purposes of this section," wages" includes any and all compensation for personal services whether performed as an employee or as an independent contractor.
(SCC 76 § 1, 1972)
An individual's weekly benefit amount is the amount appearing in column B in the following table opposite that wage bracket in column A which contains the amount of wages paid to the individual during those seven consecutive biweekly pay periods of the preceding twenty-six biweekly pay periods in which his wages were the highest:
A
B
Amount of wages in highest 7 pay periods
Weekly benefit amount
$ 187.50—$ 597.99
25
598.00—625.99
26
626.00—653.99
27
654.00—681.99
28
682.00—709.99
29
710.00—737.99
30
738.00—765.99
31
766.00—793.99
32
794.00—821.99
33
822.00—849.99
34
850.00—877.99
35
878.00—905.99
36
906.00—933.99
37
934.00—961.99
38
962.00—989.99
39
990.00—1,017.99
40
1,108.00—1,045.99
41
1,046.00—1,073.99
42
1,074.00—1,101.99
43
1,102.00—1,129.99
44
1,130.00—1,157.99
45
1,158.00—1,185.99
46
1,186.00—1,213.99
47
1,214.00—1,241.99
48
1,242.00—1,269.99
49
1,270.00—1,297.99
50
1,298.00—1,325.99
51
1,326.00—1,353.99
52
1,354.00—1,381.99
53
1,382.00—1,409.99
54
1,410.00—1,437.99
55
1,438.00—1,467.99
56
1,468.00—1,497.99
57
1,498.00—1,527.99
58
1,528.00—1,557.99
59
1,558.00—1,587.99
60
1,588.00—1,627.99
61
1,628.00—1,667.99
62
1,668.00—1,707.99
63
1,708.00—1,747.99
64
1,748.00—1,787.99
65
1,788.00—1,827.99
66
1,828.00—1,867.99
67
1,868.00—1,907.99
68
1,908.00—1,947.99
69
1,948.00—1,987.99
70
1,988.00—2,027.99
71
2,028.00—2,067.99
72
2,068.00—2,107.99
73
2,108.00—2,147.99
74
2,148.00—2,187.99
75
2,188.00—2,227.99
76
2,228.00—2,267.99
77
2,268.00—2,307.99
78
2,308.00—2,347.99
79
2,348.00—2,387.99
80
2,388.00—2,427.99
81
2,428.00—2,467.99
82
2,468.00—2,507.99
83
2,508.00—2,547.99
84
2,548.00—2,587.99
85
2,588.00—2,627.99
86
2,628.00—2,667.99
87
2,668.00—2,707.99
88
2,708.00—2,747.99
89
2,748.00—and over
90
(SCC 76 § 1, 1972; SCC 187 § 1, 1974)
The maximum amount of unemployment benefits payable to an individual in respect to any one layoff shall be twenty-six times his weekly benefit amount but in no case shall the total amount of such benefits payable be more than one-half the total wages paid by the County to the individual during the last twenty-six consecutive biweekly pay periods immediately prior to the first week of his benefit period. If the benefit is not a multiple of one dollar, it shall be computed to the next higher multiple of one dollar.
(SCC 76 § 1, 1972)
Claims for benefits shall be made to the Director on forms to be provided by him. Benefits shall be paid promptly if the claimant is found eligible or denied promptly if the claimant is found ineligible. The claimant shall be so informed in writing.
(SCC 76 § 1, 1972)
Upon the filing of a new claim for benefits, a computation of the claim shall be made promptly, which shall set forth in writing the maximum amount of benefits potentially payable during the benefit period and the weekly benefit amount to which the claimant is entitled when otherwise qualified in all respects for benefits. The claimant shall be notified promptly of the computation.
(SCC 76 § 1, 1972)
Any computation of benefit entitlement and any determination with respect to eligibility for benefits may be protested by the claimant. Such protest shall be in writing, state the reason for the protest, and be presented to the Director within ten days of delivery or mailing of the notice of computation or determination to the claimant. The director may, either in response to a protest or for good cause on its own motion, reconsider a computation or determination. The claimant shall first be notified and allowed an opportunity to respond if the reconsideration is initiated by the Director. The claimant's response may be oral or written at the discretion of the Director. No formal hearing on the reconsideration by the Director shall be required. The director shall issue his reconsidered determination no later than fifteen work days from receipt of protest by the claimant or when the reconsideration is on the Director's own motion, from notice to the claimant. The period for determination may be extended by any delay caused by the claimant. Notice of the Director's decision and the reason for it shall be given promptly to the claimant. Should a number of claimants file protests on the same issue simultaneously, their cases can be consolidated at the discretion of the Director.
(SCC 76 § 1, 1972)
If a claimant is not satisfied with the decision rendered pursuant to Section 2.81.067, he may appeal the decision within five work days to the County Executive. The appeal shall be filed on a grievance appeal form. That appeal shall be processed pursuant to the grievance procedure applicable to the employee at the time of his layoff except that it shall be initiated at the County Executive step in that procedure. Employees in the district attorney's or sheriff's departments who were covered by the grievance procedure adopted by the Board of Supervisors in 1969, at the time of their layoffs shall be entitled to appeal to the County Executive.
(SCC 76 § 1, 1972)
Any person who is overpaid any amount as benefits under this chapter is liable for the amount overpaid unless:
a. 
The overpayment was not due to fraud, misrepresentation or willful nondisclosure on the part of the recipient; and
b. 
The overpayment was received without fault on the part of the recipient, and its recovery would be against equity and good conscience.
(SCC 76 § 1, 1972)
The director shall determine the amount of the overpayment and notify the person liable of the basis of the overpayment determination. In the absence of fraud, misrepresentation or willful nondisclosure, notice of the overpayment determination shall be mailed or personally served not later than one year after the close of the benefit period in which the overpayment was made.
(SCC 76 § 1, 1972)
The director, subject to the provisions of this chapter, may do either of the following in the recovery of overpayments:
a. 
File a civil action against the person liable for the recovery of the amount of the overpayment within one year of the mailing or personal service of the notice of overpayment determination;
b. 
Offset the amount of the overpayment received by the person liable against any amount of benefits to which he may become entitled within any of the following periods:
1. 
The current benefit period,
2. 
Any benefit period which begins during the three-year period next succeeding the date of the mailing or personal service of the notice of overpayment determination;
c. 
Offset the amount of the overpayment received by the person liable against any amount owing that person from Sacramento County, provided the claimant is notified of such offset within the time specified in subsection (a) of this section.
(SCC 76 § 1, 1972)
a. 
The director shall adopt such rules and procedures as are necessary to the implementation of this chapter.
b. 
Such rules and procedures shall not be inconsistent with this chapter and shall be approved by the County Executive before taking effect.
(SCC 76 § 1, 1972)
a. 
Employees of the Carmichael recreation and park district shall be covered by the terms of this chapter, except that any benefits owing shall be paid from the funds of the district.
b. 
Such employees must be in full-time positions and have permanent status with the district.
c. 
Benefits are payable in respect to unemployed individuals laid off because of lack of work, lack of funds or for other reasons requiring a reduction in work force. Section 2.81.015 does not apply to employees subject to this section.
d. 
For employees subject to this section, any appeal pursuant to Section 2.81.069 shall be to the County Executive.
(SCC 162 § 1, 1974)