No person in the classified or unclassified service, or seeking
admission thereto shall be appointed, reduced, removed, or in any
way favored or discriminated against because of his race, color, creed,
sex, national origin, political affiliation, age or physical or mental
handicap. The provisions of this section are not intended to prevent
the establishment of special limited programs for the employment of
economically, socially, physically or mentally deprived persons.
The time of service of all laborers or workmen or mechanics
employed upon any public works, whether said work is done by contract
or otherwise, shall be limited and restricted to eight hours in any
one calendar day, except in cases of extraordinary emergency caused
by fire, flood or other calamity endangering life or property, or
except to work upon public, military or naval defenses in time of
war; provided that in the event of any other number of hours being
established through the State by any Constitutional or Legislative
provision, then such other number of hours shall be the constituted
number of hours for the County.
In fixing compensation the Board of Supervisors shall at least
annually, by ordinance, provide in each instance for the payment of
not less than the prevailing rate for comparable service in other
employment whenever such prevailing rate can be ascertained in the
Sacramento Area.
NOTE: Section 37A authorizes compensation to be
set by resolution or contract, as well as by ordinance.
(1969)
It shall be unlawful to knowingly employ, engage or appoint
any person to serve in the public service who is not native-born or
fully naturalized citizen of the United States; and no warrant shall
be issued or approved by the Auditor for the payment of any salary
or wage to any person, until there shall have been filed with the
Auditor an affidavit that such person is such a citizen of the United
States; except that this Section shall not apply (a) to the employment
of any native-born woman of the United States who has married an alien;
(b) to the employment of any specialist or technical expert temporarily
employed by a department of this County, and engaged in special teaching,
investigation or research; (c) in cases of extraordinary emergencies
caused by fire, flood or other calamity endangering health, life or
property; (d) to work upon public, military or naval defenses in time
of war.
A violation of this Section shall constitute a misdemeanor,
and any person convicted thereof shall be punished by a fine of not
exceeding Five hundred dollars, or by imprisonment not exceeding six
months, or by both such fine and imprisonment.
NOTE: Section 64 is invalid (Purdy v. State of
Cal. 71 Cal.2d 566; County Counsel Opinion No. 74-14).
Every officer or employee absent from duty, except on account
of sickness, shall suffer a deduction in compensation equal to his
daily average rate of compensation for each day so absent.
Enforced labor without compensation, as a penalty for the commission
of public offenses is hereby prohibited. The net earnings of all County
prisoners, based upon such compensation as may be fixed by the Board
of Supervisors and which compensation need not be the prevailing rate
of compensation for similar services performed, shall go to the support
of their dependents, and if such prisoners have no dependents, such
net earnings shall accumulate and be paid to them upon their discharge.
The laws of the State of California pertaining to labor on public
works as they now are and as they may hereafter be, are hereby applicable
to all such public works in this County.