In Procedures

COUNTY OF SAN MATEO HUMAN RESOURCES DEPARTMENT Inter-Departmental Correspondence DATE: April 2015 TO: All Management Employees FROM: Nicole McKay, Employee & Labor Relations Manager SUBJECT: Employee Relations Bulletin 4 Appeals Before the Civil Service Commission Civil Service Rule XIV provides that employees may request an appeal of disciplinary actions before the Civil Service Commission. Rule XII provides that employees may appeal to the Commission for a review of substandard performance evaluations. The attached guidelines are to assist Departments in preparing for and presenting cases before the Commission. Please note that these are general guidelines which may vary from case to case. The method of presenting individualRead More →

In 13. The Civil Service Appeal Process

Reference Civil Service Rule XIV provides that employees may appeal dismissal, demotion, or suspension / non-punitive suspension actions to the Commission. In cases involving dismissal, demotion, or suspension / non-punitive suspension, an appeal hearing by the Commission is mandatory, if requested by the employee. In cases other than dismissal, demotion, or suspension / non-punitive suspension, a hearing is discretionary with the Commission. When discretionary, the Commission decides whether to have a hearing after a review of written materials submitted by the employee and by the Department or after a brief oral summary of the merits of the case by the petitioner. Section 5.A of CivilRead More →

In 13. The Civil Service Appeal Process

Reference Section 4 of Civil Service Rule XII provides that “Permanent employees may appeal to the Commission for a review of performance evaluations which are below a standard score or rating set by the Director.” Rule XII further states: “This review is a fact-finding examination for the purpose of detecting and correcting any abuse of discretion.” Upon receipt of a written appeal for a review by the employee, the Human Resources Department places the request for appeal on the agenda for the next meeting of the Civil Service Commission. At that meeting, the Commission will first decide whether to accomplish the review through a fact-finding committee ofRead More →

In 13. The Civil Service Appeal Process

These are general guidelines, which may vary from case to case. The method of presenting individual cases will be decided in a meeting between the department, County Counsel, and Employee & Labor Relations. These guidelines are based on the presumption that the employee’s performance was substandard or did warrant disciplinary action. You may want to review these guidelines prior to issuing a substandard performance evaluation or taking disciplinary action to ensure that you are in good position and have sufficient evidence to defend your action if necessary. As a reminder, you are encouraged to contact your Employee & Labor Relations representative to review the situationRead More →

In 13. The Civil Service Appeal Process

Depending on the nature of the matter being appealed, the appeal may be heard by the entire Commission, or by a sub-committee comprised of two Commissioners. The Commission listens to presentations by both parties, asking clarifying questions as needed. Depending on the nature of the matter being appealed, an employee/applicant may represent himself/herself, or may use a Union representative or attorney to present his/her case. The Department’s position may be presented by a management representative or by County Counsel. Once both parties have completed their presentations, the Commission members go into an “executive session” to consider the merits of the case and discuss their findings.Read More →

In 13. The Civil Service Appeal Process

Employees or applicants may appeal ratings of oral boards or appraisal of qualification boards that are below passing, and only if they allege bias, discrimination, or fraud in the conduct of such board. Employees who are rejected during probation may appeal to the Commission only if they allege and substantiate in writing that the probationary rejection was based on race, color, religion, sex, national origin, age or handicap. Permanent classified employees, as articulated in Civil Service Rule XII, may appeal Performance Evaluations carrying an overall Below Standard (Improvement Needed or Unsatisfactory) rating. Classified employees may appeal disciplinary action (dismissal, demotion, suspension, non-punitive disciplinary letter) asRead More →

In 13. The Civil Service Appeal Process

The Civil Service Commission is a board of five electors of the County appointed by the Board of Supervisors to prescribe and administer the Civil Service Commission Rules. No commissioner may be a current County employee. The Rules of the San Mateo County Civil Service Commission can be accessed at: http://hr.smcgov.org/civil-service-commission-rulesRead More →

In Civil Service Rules

These definitions apply throughout these rules unless otherwise specified. APPOINTING AUTHORITY OR POWER: A person having the lawful power to make appointments or to remove persons from positions in the County service. APPOINTMENT: The designation of a person by an appointing authority to fill a vacant position, and the acceptance by such person of the position. BAND: A scoring method used to group test scores into a specific range. Candidates whose scores fall within the same range are then grouped together and are considered to have the same score. CONTINUOUS SERVICE: Uninterrupted employment in the County service, except by authorized absence. DAY, WEEK, MONTH, YEAR:Read More →

In Civil Service Rules

Section 1.   The employees of the Superior Court shall be covered by the provisions of these Rules of the Civil Service Commission of San Mateo County as if they were employees of the classified County service unless otherwise specified below, and the Civil Service Commission agrees to act for the employees of the Superior Court.    A. Rule XI – Appointment, Probation, Promotion, Demotion and Transfer. Employees of the Court are covered by this rule except for establishing and extending probation periods and appeals both of which are covered by the Rules of the Court. B. Rule XII – Employee Performance Evaluation. Employees of the Court are coveredRead More →

In Civil Service Rules

SECTION 1. WHEN LAY OFFS MAY BE MADE: Any department head may, with the Board of Supervisors approval, lay off employees because of lack of work, lack of funds, reorganization, or otherwise when in the best interests of the County. The procedures and order of lay offs shall be in accordance with rules of the Commission. SECTION 2. REPORTS AND NOTICES OF LAY OFF: A. After the above described decision is made to order a lay off the department head will report promptly to the Director the number of employees in each classification to be laid off, and the effective dates. B. The department headRead More →

In Civil Service Rules

SECTION 1. RESIGNATION IN GOOD STANDING: A. In order to resign in good standing a permanent or probationary employee shall submit a written notice to the appointing authority at least fourteen days in advance, unless the latter agrees to shorter notice. The appointing authority shall forward this notice to the Director for inclusion in the employee’s personnel file. Failure by the employee to give this notice may result in forfeiture of future employment rights, as well as the right to have his/her name replaced on the reinstatement eligible list. B. Resignation severs all seniority and employment rights, except that of requesting replacement of the formerRead More →

In Civil Service Rules

SECTION 1. AUTHORITY TO DISMISS, SUSPEND, REDUCE IN STEP OR DEMOTE: The appointing authority may dismiss, suspend, reduce in step or demote any employee in the classified service provided the rules and regulations of the Commission are followed, and provided further that any permanent classified employee shall have the right to appeal such an action to the Commission in accordance with the provisions of Rule XIV. All employees, except those represented by the California Nurses Association, are covered by the Non-Punitive Discipline Program. For covered employees, a disciplinary letter, which equates to a suspension of a specified length (e.g.; one day, three days, etc), may be issuedRead More →

In Civil Service Rules

SECTION 1. PROVISION OF JOB PERFORMANCE EVALUATION SYSTEM: The Director shall establish a system for measuring, reporting, and recording the job performance of County employees. The objectives of this system will include, but not be limited to, assisting supervisors and their employees in measuring progress towards goals, employee development, and recording for possible future use information needed for personnel decisions affecting employees who are evaluated. This system shall apply to all probationary and permanent employees, as well as other employees designated by the Director. SECTION 2. UTILIZATION OF JOB PERFORMANCE EVALUATION: The Director shall determine the use and significance, if any, of job performance evaluationsRead More →

In Civil Service Rules

SECTION 1. GENERAL: Vacancies may be filled by permanent, probationary, provisional, or temporary appointments, as well as by transfer, promotion, or demotion. SECTION 2. APPOINTMENT AND NOTIFICATION OF APPLICANTS: The appointing authority will interview all candidates certified to the requesting department before making an appointment. All candidates on an eligible list in the top seven (7) ranks or established bands are eligible for selection. After making the selection the appointing authority will notify all candidates interviewed of the results. SECTION 3. PERMANENT APPOINTMENT: Employees who have successfully completed the probationary periods designated for their classifications shall be given permanent status. Former permanent employees appointed fromRead More →

In Civil Service Rules

SECTION 1. AUTHORITY: The Director shall prescribe medical standards for employment based on job requirements, and establish administrative procedures for conducting examinations, as are required to meet the provisions of this rule. SECTION 2. SCHEDULING: Persons selected for County employment must successfully complete the prescribed medical examination prior to beginning work. Under special circumstances the Director may authorize that the examination be completed immediately upon reporting for work. SECTION 3. SPECIAL EXAMINATIONS: If there are facts causing the appointing authority to believe that an employee over whom s/he has authority is physically or mentally incapable of properly performing his/her duties, s/he may, with the approvalRead More →

In Civil Service Rules

SECTION 1. REQUISITION OR REQUEST FOR PERSONNEL: Whenever a vacancy in the classified service is to be filled, other than by transfer or demotion, the appointing authority will notify the Director as far in advance as possible and request certification on a form prescribed by the Director. In cases where selective certification based on bona fide occupational qualifications or on special skill requirements is desired the personnel requisition will include complete justification. Following receipt of a request for personnel the Director will determine which eligible list is to be used. SECTION 2. PRIORITY OF ELIGIBLE LISTS: Eligible lists shall be certified to fill permanent vacanciesRead More →

In Civil Service Rules

SECTION 1. ORDER OF ELIGIBLES: Applicants for employment who qualify in an examination shall have their names placed on the appropriate eligible lists in the order of their final scores and/or band of scores. SECTION 2. EFFECTIVE DATE OF ELIGIBLE LISTS: Eligible lists shall be in effect from the date on which approved by the Director. Changes in rank, or addition or subtraction of names because of errors or re-ratings, shall not change the effective date of an eligible list. SECTION 3. DURATION OF ELIGIBLE LISTS: A. The duration of eligible lists shall be as follows: 1. Departmental promotional eligible lists are established for aRead More →

In Civil Service Rules

SECTION 1. USE AND NATURE OF EXAMINATIONS: Examinations will be used to determine the eligibility of applicants for employment and their relative positions on eligible lists. Examinations used will be prepared in compliance with Federal and State laws or guidelines and will be based on job requirements. SECTION 2. SCHEDULING OF EXAMINATIONS: A. The Director will schedule all examinations and will distribute notices and determine where they will be posted. Notices will be posted in the Human Resources Office or on line on the County’s official designated website in advance of the final date for filing applications in accordance with the provisions of these rules.Read More →

In Civil Service Rules

SECTION 1. FILING OF APPLICATIONS: A. Official application forms shall be provided by the Human Resources Department. Application forms must be filled out completely and must be signed by the applicant or certified through electronic submission. Applications that are filed become the property of the County and will not be returned. A separate and complete application is required for each examination, unless otherwise specified in the examination announcement. B. For regular recruitments and for continuous recruitments that are being closed, applications must be received by the Human Resources Department not later than the office closing time on the published last day to file or mustRead More →

In Civil Service Rules

SECTION 1. METHODS: Department heads shall advise the Director in a timely manner of current and anticipated vacancies. The Director shall determine the methods to be used in recruitment. The Director may postpone, cancel, extend or otherwise modify the recruitment efforts as circumstances indicate. SECTION 2. EQUAL EMPLOYMENT OPPORTUNITY: In planning and conducting recruitments the Director and all other persons involved will give due consideration to the goals of the Equal Employment Opportunity Program. SECTION 3. ANNOUNCEMENTS: A. Announcements for examinations shall be posted on line on the County’s official designated website or in the principal Human Resources Office of the County for the durationRead More →

In Civil Service Rules

SECTION 1. GENERAL: All positions shall be classified according to the duties and responsibilities assigned. All classification actions shall be based on the principle that positions with similar duties and responsibilities and requiring similar qualifications shall be grouped together in common classifications. Positions in the same classification shall be designated by the same title, filled by using the same qualification standards and selection criteria, and compensated according to the pay scales of the classification. The Director shall periodically review the duties of positions in the classified service and revise classification specifications and reallocate positions as needed. The Director shall provide assistance to department heads inRead More →

In Civil Service Rules

The Director of Human Resources (hereinafter referred to as Director) or the Director’s designee shall be responsible for the administration of the classified personnel system in conformity with the provisions of the County Charter and the Rules of the Commission. The duties of the Director shall include the following: A. act as the executive officer for the Commission and be responsible for carrying out the decisions, instructions, and rules of the Commission. B. issue administrative regulations or procedures for the administration of these rules. C. prepare the Commission’s agenda and keep an official record of all actions taken by the Commission. D. make recommendations forRead More →

In Civil Service Rules

SECTION 1. ORGANIZATION: In accordance with the provisions of the County Charter, the Commission shall consist of five members. Members shall be appointed by the Board of Supervisors to four-year terms. SECTION 2. ELECTION OF OFFICERS: At its first meeting of each year the Commission shall elect one of its members as chairperson and another as vice-chairperson. SECTION 3. MEETINGS: The Commission shall hold regular public meetings each month at a date, time and location determined by the Commission. In addition, the Commission may hold special meetings upon the call of the chairperson or any two members of the Commission at such time and placeRead More →

In Civil Service Rules

SECTION 1. AUTHORITY TO ADOPT RULES: Under the authority of Section 505, Article 5, Charter of the County of San Mateo, the Civil Service Commission of San Mateo County hereby prescribes and adopts these rules. SECTION 2. APPLICABILITY: These rules apply to all positions in the classified service, which includes all positions and employments in service of the County except those specifically exempted in Section 502, Article 5 of the County Charter. These rules shall be binding upon the Board of Supervisors, elective officials, boards and commissions, and all employees in the service of the County. SECTION 3. PURPOSE: These rules are prescribed to carry out theRead More →

In Civil Service Rules

The Civil Service Commission hears appeals to dismissals, demotions, or suspensions of employees; reviews requests for extension of eligible lists, allocates new or revised job classifications to an appropriate bargaining unit for employee/employer relation purposes. The 5-member Commission meets the first Thursday of the month in Redwood City. The amended Civil Service Commission Rules contained herein were adopted on June 4, 2009. They are published for the information and guidance of all concerned. Bob Stine Chairperson, Civil Service Commission   Note: The Commission revised Rule IV, Sections 2 and 4A, on February 4, 2000. Note: The Commission revised Rule V, Section 2, on February 4,Read More →