RULES Of the CIVIL SERVICE COMMISSION

RULES
Of the
CIVIL SERVICE
COMMISSION
County of Kern
Enacted by the
CIVIL SERVICE COMMISSION
(Revised September 15, 2025)
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TABLE OF CONTENTS
RULE 100 DEFINITIONS
Definition of Terms
RULE 200 CLASSIFICATION AND COMPENSATION
201.00 Authority - Salary Ordinance
202.00 Classification of Positions
202.10 Descriptive Title
202.20 Qualifications
202.30 Similar Selection Methods
202.40 Compensation
203.00 Amendment and Maintenance of Classification Plan
203.10 Classification Review Initiated by Appointing Authority
203.20 Allocation of Positions
203.30 New Positions
203.40 Recommendations Affecting Salary Schedules
203.50 Examinations Associated with Reclassification
204.00 Employment Specifications
204.10 Maintenance of Employment Specifications
204.20 Essential Components of Employment Specifications
204.21 Director Approval of Employment Specifications
204.30 Scope of Employment Specifications
205.00 Compensation Plan
205.10 Maintenance of Compensation Program
RULE 300 APPLICATIONS FOR EXAMINATIONS
301.00 Filing of Applications
301.10 Minimum Qualifications
301.20 Job Announcements
302.00 Age
302.10 Bona fide Occupational Qualifications
303.00 Medical and Physical Standards
303.10 Physical Ability
303.20 Meeting Ability Criteria
303.21 Withheld from Placement
303.22 Removed from Eligible List
303.23 Withheld from Certification Pending Attainment of Standards/Waiver
303.30 Waiver
303.40 Second Medical Opinion
303.50 Separation Based Upon Non-attainment of Standards/Waiver
304.00 Special Qualifications
305.00 Experience
305.10 Experience Gained Working Other Duties
305.20 Volunteer Experience
306.00 Investigation and Fingerprints
307.00 Disqualification
307.00.01 Minimum Qualifications
307.00.02 False Statement of Material Facts
307.00.03 Deception/Fraud on Application or Supporting Materials
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307.00.04 Deception/Fraud in the Examination Process
307.00.05 Previous Dismissal from Public Service
307.00.06 Resignation from Public Service Not in Good Standing or to Avoid Dismissal
307.00.07 Personal/Political Influence to Obtain Appointment
307.00.08 Failure to Submit Application Correctly or Timely
307.00.09 Other Violation of Civil Service Rules
307.05 Violation of Section 307.00 Pertaining to Existing Safety Employees
307.06 Right of Personnel Director to Investigate Allegations of Cheating
307.07 Removing Name from Eligible List upon Finding of Cheating
307.10 Disqualification Based on Conviction Record/Addiction to Alcohol, Illegal Drugs,
Other Controlled Substances
307.10.01 Definition and Consideration of Convictions
307.10.02 Current Use of Illegal Drugs
30710.03 Failure of Drug or Alcohol Screening test
307.10.04 Incarceration
307.10.05 Probation for Previous Convictions Related to Peace Officer Positions
307.20 Criminal Determination by Director of Personnel
307.20.01 Classification under Consideration
307.20.02 Nature and Seriousness of Conduct
307.20.03 Circumstances Surrounding Conduct
307.20.04 Time Lapse Since Occurrence of Conduct
307.20.05 Frequency of Conduct
307.20.06 Age at the Time of Conduct
307.20.07 Rehabilitation
307.20.08 Consideration of Other Material Factors
307.20.09 Cause for Rejection for Continuous (Series) Examination
308.00 Notification of Disqualified Applicants
309.00 Applications Not to be Returned
310.00 Veterans' Preference
310.10 Veterans’ Preference Credits Not Applied in Promotional Examination
310.20 Waiver of Veterans’ Preference Credits
311.00 Prohibition Against Discrimination
312.00 Extra Help Service Credit
RULE 400 EXAMINATIONS
401.00 Examination Management Objective
402.00 Call for Examination
403.00 Character and Preparation of Examination
403.01 Written Examination
403.02 Performance Examination
403.03 Oral Interview
403.04 Physical Ability Examination
403.05 Rating of Education, Training and Experience
403.06 Assessment Center
403.07 Work Sample Exercises
403.10 Job Related Examinations
403.20 Assistance with Examinations
403.21 Unauthorized Disclosure of Exam Materials
404.00 Notice of Examination
404.01 Components of Notice
404.02 Open/Close Recruitment Dates for Open Examinations
404.03 Recruitment Dates for Promotional Examinations
404.04 Requirements on Announcements
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404.05 Special Requirements
404.06 Restrictions
404.10 Posting/Distribution of Announcements
405.00 Competition
405.10 Applicant Limiting
405.20 Prompt Attendance for Testing
405.30 Promotional Examinations (Covered in Rule 900)
406.00 Examination Procedure
406.10 Identification of Applicant
406.20 No Explanation of Exam Question to Individuals
406.30 Reasons for Rejection of Examination Paper
406.40 Disclosure of Exam Material
407.00 Rating of Examinations
407.03 Scoring Based Upon Job Analysis
407.10 Minimum Grade Required
407.20 Veterans’ Preference Credits
407.30 Failure to Attain Passing Grade
407.40 Qualifications Appraisal Grading
407.41 Passing Score
407.42 Failing Score
408.00 Notice of Results of Examination
409.00 Inspection and Review of Individual Application Materials and Test Papers
409.01 Review of Application Materials
409.02 Review of Answer Sheet and for Objectively Scored Written Examinations
Scoring Key
409.03 Review of Examination Materials for Objectively Scored Performance
Examinations
409.04 Review and Tabulation of Scoring for Subjectively Graded Examinations
410.00 Series Examinations
411.00 Appeal from Qualification Appraisal Board
412.00 Appeal on Discrimination
RULE 500 ELIGIBLE LISTS
501.00 Order of Eligibles
502.00 Duration of Eligible Lists
502.10 Duration of at Least Six (6) Months and Not More Than Two (2) Years
502.20 Extension of Eligible Lists Resulting from Continuous Testing
503.00 Promulgation of Eligible Lists
503.10 Preparation of Eligible Lists
503.20 Work Experience Training Program
504.00 Alternate Work Eligibility Lists
504.10 Duration of Alternate Work Rights
505.00 Re-employment Lists
505.10 Layoff
505.20 Resignation and Subsequent Reinstatement on Re-Employment List
505.21 Waiver of Time Limit to Make Application for Reinstatement on Re-Employment
List
505.22 Reinstatement to Re-Employment List from a Non-Civil Service Position
505.30 Disability Retirement and Subsequent Reinstatement on Re-Employment List
505.40 Order of Names
505.41 Seniority
505.42 Names Based Upon Order of Date of Application
505.50 Duration of Re-Employment Rights
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505.60 Removal of Names from Re-Employment Lists
506.00 Promotional Lists
507.00 Seasonal Lists
508.00 Inactive List
509.00 Subdivision of Lists
510.00 Removal of Names from Eligible List
510.01 For any Cause (Refer to Rule 307)
510.02 Inability to Locate Eligible
510.03 Eligible Declines Appointment
510.04 Eligible Declines Maximum Number for Permanent Appointment
510.05 Failure to Respond
510.06 Following Certification Selection Results in Appointment Below Eligible’s Name
510.07 Eligible’s Name in Clerical Services Results in Appointment Below Eligible List
510.08 Acceptance of Regular Appointment
510.10 Request from Eligible to Withhold Certification or Remove from Eligible List
510.11 Separation During Probationary Period
510.15 Eligible Separated from Classified Service Shall Be Considered Only on Open
Eligible List
510.20 Removal from Seasonal Eligible List
510.30 Failure or Failure to Appear for Testing
RULE 600 REQUISITION, CERTIFICATION AND APPOINTMENT
601.00 Request for Certification
601.10 When to Request Certification
601.20 Provisional Appointment Prompts Certification Following Establishment of
Eligible List
602.00 Certification of Names
602.10 Order of Certification for Eligible Lists
602.10.10 Dept. Layoff Re-Employment List Ranking
602.10.20 Alternate Work Eligibility List
602.10.30 Layoff Re-Employment List
602.10.31 Promotional Certification
602.10.40 General Re-Employment List Previously Employed in the Department
602.10.50 Departmental Promotional List Within Department
602.10.60 County-wide Promotional List Within Department
602.10.61 Certification in the Absence of Departmental Promotional List
602.10.70 County-wide Promotional List
602.10.80 General Re-Employment List
602.10.90 General Eligible List
602.20 Number to be Certified
602.21 More Than One Position
602.22 Order of Selection
602.23 Eligible Waives Appointment
602.24 Insufficient Eligibles on List
602.25 Absence of Eligible List
602.26 Use of Expired Eligible List
602.30 Promotional Certification
602.50 Failure to Respond
603.00 Certification of Eligible with Special Qualifications
603.10 Use of Approved Work Experience Training Programs
604.00 Authorization of Provisional Appointment
604.10 Timeline for Establishing Eligible List
605.00 Notice of Certification
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606.00 Certification to Position of Lower Class
607.00 Waiver
608.00 Objection and Substitution
608.05 Written Objection
608.06 Removal of Name from Eligible List
608.10 Notification of Action and Certification Procedure
608.20 Temporary Disability/Inactive Status
609.00 Appointments
609.10 Selection
609.20 Non-discrimination Practices
609.30 Non-discrimination Practices Related to Disability609.40 Interviews
609.40 Interview All
609.50 Time Allowed for Training by Incumbent
610.00 Appointment on Authorization for Provisional Appointment
611.00 Appointments in Emergencies or Elections Administered by the County Clerk
612.00 Permanent Appointments
613.00 Temporary Appointments
613.10 Temporary to Permanent Positions for Leave of Absences Without Pay
613.10.10 Positions Vacated for Educational/Personal Enrichment Leaves
613.10.20 Appoint Temporary to next available permanent position
613.10.30 Permanent Employees/Promote to Temporary Appointment/Revert Without
loss of County Seniority
613.20 Trainee Level Within Flexible Classification
613.20.10 Probationary Period
613.20.20 Restoration to Prior Position
613.20.30 Promotional Probationer Who Promotes
613.20.40 Promotional Probationer Who Demotes
613.20.50 Demotion with Permanent Status
613.30 Temporary Appointments to Permanent Positions for Structured Training
Program
613.40 Refusal of Temporary Appointment
613.50 Non-Civil Service Temporary Appointment
614.00 Provisional Appointments
614.10.10 Maximum Duration
614.10.20 Termination After Certification
614.10.30 Provisional Promotion of a Permanent Employee
615.00 Limited Term Appointments
615.10 Reappointment to Limited Term Position
615.20 Provisional Appointment from Limited Term Position
616.00 Reports of Appointments
618.00 Cancellation of Requisition
RULE 700 PROBATION PERIOD
701.00 Purpose of Probation
702.00 Duration and Status of Probation
702.10 Probation Period - Safety Members
702.11 Probation Period - Transferees
702.20 Time Included
702.21 Time Excluded
702.22 Probationary Period Extensions
703.00 Conditions Preliminary to Permanent Appointment
703.10 Documentation of Satisfactory Completion of Probationary Period
703.20 Timely Submittal of Performance Evaluation Report
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703.30 Refusal or Failure to File Performance Evaluation Report
704.00 Separation of Probationer
704.10 Restoration of Promotional Probationer
704.20 Termination of Transferred Probationer
704.30 Rejected Probationary Employee
704.40 Reinstatement of Probationer to an Eligible List
RULE 800 PERFORMANCE EVALUATION REPORTS – DELETED BY ORDER OF CIVIL
SERVICE COMMISSION ON 12/14/15 (See Kern County Administrative Policy and
Procedures Manual Section 135).
RULE 900 PROMOTION
901.00 Promotion Based on Examination
901.10 Competitive Examination
901.20 Appointments from Eligible List
901.30 Rules Governing Promotional Examinations
902.00 Types of Promotional Examinations
902.10 Departmental Promotional
902.20 Interdepartmental Promotional
903.00 Eligibility for Promotional Examinations
903.10 Qualifications for Promotional Examinations
903.20 Status of Eligibility if Separated from Classified Service
903.30 Temporary Employment Resulting from Military Leave of Absence
904.00 Promotion from Entrance Level Classification Where Flexible Position Allocations
Exist
904.10 Probation, any Period, in a Flexible Series
905.00 Demotion Defined
905.10 Not Have Permanent Status
905.20 No Probationary Period
905.30 No Right to Revert Back
905.40 Not to be Placed on Re-Employment List
906.00 Voluntary Demotion Defined
906.10 Permanent Status
906.20 Probationary Period
903.30 Right to Revert Back
906.40 Re-Employment List
RULE 1000 TRANSFERS
1001.00 Transfer Defined
1002.00 Requirements for Transfer
1002.10 Classification Criteria
1002.20 Permanent Status Required
1002.30 Employee Concurrence
1003.00 Transfer of Elected Official
1004.00 Transferred Employees’ Probationary Period
RULE 1100 VACATIONS - DELETED BY ORDER OF CIVIL SERVICE COMMISSION ON
12/14/15 (See Kern County Administrative Policy and Procedures Manual).
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RULE 1200 LEAVES OF ABSENCE
1201.00 Mandatory Leaves of Absence
1201.10 Notice of Leave
1201.20 Non-Job-Related Medical Leave
1201.20.10 Eligible Employees
1201.20.20 Amount of Leave
1201.20.30 Substitution of Paid Leave
1201.20.40 Concurrent Leaves
1201.20.50 Return to Duty
1201.30 Family Care Leave
1201.30.10 Eligible Employees
1201.30.20 Amount of Leave
1201.30.30 Reasons for Leave
1201.30.40 Both Spouses Employed by County
1201.30.50 Substitution of Paid Leave
1201.30.60 Certifications
1201.30.70 Fitness for Duty
1201.30.80 Intermittent Leave or Leave on a Reduced Leave Schedule
1201.30.90 Minimum Duration for Bonding Leaves
1201.30.100 Concurrent Leaves
1201.40 Military Leave
1201.40.10 Temporary Military Leave
1201.45 Other Military Leaves
1201.45.10 Request for Re-employment
1201.50 Spousal Military Leave
1201.60 Leave for Compensable Disability
1201.60.10 Employee’s Obligation to Provide a Doctor’s Report on Condition
1201.60.20 Service-Connected Disability Retirement Prior to Re-employment
1201.70 Family School & Licensed Child Day Care Activity Leave
1202.00 Discretionary Leaves of Absence without Pay
1202.10 Request for Leave
1202.20 Personal Necessity Leave
1202.20.10 Condition Remedial Within the Period Requested
1202.20.20 Condition Not Remedial by Other Means
1202.20.30 Personal Hardship
1202.20.40 No Interference with Department Business
1202.20.50 Use of Other Time Off Credited to Employee
1202.20.60 Employee has Exhausted Other Leave Options
1202.31.20 Position Still Exists
1202.40 Educational/Personal Enrichment Leave
1202.41 Conditions of Reappointment
1202.42 Payroll Status
1202.43 Obligation to Accept First Appointment
1202.44 Rights Under This Rule as Conditioned on the Employee
1202.44.10 Using Credited Time Prior to Leave of Absence
1202.44.20 Cancellation, if Employee Fails to Meet Conditions
1202.44.30 Sick Leave Credit Upon Return
1203.00 Duration/Extension of Leaves Without Pay
1204.00 Return Before Expiration
1205.00 Leaves of Absence for Non-Promotional Probationary Employees
1205.10 Conditions of Leave
1205.20 Family Sick Leave Purposes
1205.30 Discretionary Leave
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1205.40 Jury Duty
1205.50 Concurrent Leave
1206.00 Vacation or Sick Leave Accruals While on Leave
1207.00 Record of Leaves
RULE 1300 LAYOFF: GENERAL MEMBER EMPLOYEES
1310.00 Definitions
1310.10 Seniority
1310.10.10 Military Leave
1310.10.20 Leave without Pay for Illness or Injury
1310.10.30 Identical Seniority Dates
1310.20 Qualified Permanent Employee
1310.30 Non-Qualified Permanent Employee
1310.30.10 Employee Performance Rating
1310.40 Flexible Staffing Allocation
1310.50 Displace
1310.60 Recalled Employee
1310.70 Department Layoff Re-Employment List
1310.70.10 Retained by Lateral Transfer of Qualified Employee
1310.80 County Layoff Re-Employment List
1320.00 Order of Layoff
1320.10 Vacant Positions Deleted
1320.20 Within the Department
1320.30 By Classifications Affected in the Department
1320.30.10 Non-permanent Employees
1320.30.10.10 Extra-Help Employees
1320.30.10.20 Temporary Employees
1320.30.10.20.10 Contract Employees
1320.30.10.20.20 Retired Employees
1320.30.10.30 Provisional Employees
1320.30.10.40 Probationary Employees
1320.30.20 Non-qualified Permanent Employees
1320.30.30 Permanent Employees
1320.30.30.10 Qualified Permanent Employee in Probationary or Provisional Status
1330.00 Method of Identification of Employees to be Laid Off
1330.10 Department Head Responsibility
1330.20 Order of Layoff
1330.30 Displacement of a Less Senior Employee
1330.30.10 Employee Held Lower Classification in the Department
1330.30.20 Employee May Fill Another Position
1330.30.30 Appointing Authority Determines Stipulations to Fill Supervisory Positions
1330.40 Salary Provided by Ordinance Code 1330.50 Probationary Period
1330.50 Employee Displaced to Lower Classification Not Required to Serve Probationary
Period
1340.00 Notice of Layoff
1340.10 Responsibility for Notification
1340.20 Notification Shall Include
1340.20.10 Reason for Layoff
1340.20.20 Effective Date of Layoff
1340.20.30 Retention of Names on Re-Employment Lists
1340.20.40 Procedures for Appeal
1340.20.50 Displacement of a Less Senior Employee
1340.20.60 Options for Employees Following Cessation of Benefits
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1350.00 Placement of Names on Layoff Re-Employment Lists
1350.10 Department Layoff Re-Employment List
1350.10.10 Placement of Names on This List Shall Be Determined by Total County
Seniority
1350.20 County Layoff Re-Employment List
1360.00 Use of Layoff Re-Employment Lists
1360.10 Certification of Names
1360.10.10 Person Ranked Highest on Department Layoff Re-Employment List
1360.10.20 Persons Ranked Highest on County Layoff Re-Employment List
1360.10.21 Promotional Certification
1370.00 Rights of Employees Recalled from Layoff Displacements
1370.10 Employees Recalled from Department Layoff Re-Employment List
1370.10.10 Probationary Period
1370.10.20 Salary
1370.10.30 Benefits
1370.20 Employees Recalled from County Layoff Re-Employment List
1370.20.10 Probationary Period
1370.20.20 Salary
1370.20.30 Benefits
1380.00 Priority and Duration of Layoff Re-Employment Lists
1380.10 Precedence of Re-Employment Lists
1380.20 Rights to Recall
1380.30 Removal of Names from Re-Employment Lists
1380.30.10 Failure to Accept Employment Within Department in Same Classification
1380.30.20 Failure to Appear for Job Interview
1380.30.30 Failure to Respond
1380.30.40 Request for Removal by Employee
1380.30.50 Failure to Accept Employment for Classification Refused
1380.40 Re-Employment
1390.00 Restoration of Former Employee's Name to Layoff Re-Employment List
1390.10 Reasons for Restoration
1390.11 Medical Circumstances
1390.20 Duration of Rights
RULE 1400 LAYOFF: SAFETY MEMBER EMPLOYEES
1405.00 Definitions
1405.10 Safety Member
1405.10.10 Safety Classification Series Includes
1405.20 Safety Department Layoff Re-Employment List
1405.30 Displace
1405.40 County Layoff Re-Employment List
1405.50 Flexible Staffing Allocation
1405.60 Non-Qualified Permanent Employee
1405.70 Recalled Employee
1405.80 Qualified Permanent Employee
1405.90 Seniority
1410.00 Order of Layoff
1410.10 Within the Department
1410.11 By Classifications Affected in the Department
1410.11.10 Non-Permanent Employees
1410.11.11 Extra-Help Employees
1410.11.12 Temporary Employees
1410.11.13 Provisional Employees
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1410.11.14 Probationary Employees
1410.11.20 Non-Qualified Permanent Employees
1410.11.30 Permanent Employees
1410.20 Probationary or Temporary Employees
1420.00 Selection of Permanent Safety Employees to be Laid Off
1420.10 Appointing Authority’s Responsibility to Identify Employees Affected
1425.00 Notice of Layoff
1425.10 Notice of Layoff to Affected Employees Shall Include
1425.11 Reason for Layoff
1425.12 Effective Date of Layoff
1425.13 Retention of Names on the Re-Employment Lists
1425.14 Appeal
1425.15 Benefits
1430.00 Placement of Names on Layoff Re-Employment Lists
1430.10 Safety Department Layoff Re-Employment List
1430.20 County Layoff Re-Employment List
1435.00 Reallocation of Positions in Various Classifications Affected by Personnel Reduction
1435.10 Departmental Reorganization Following Layoff
1440.00 Displacement of Employees to Lower Level Classifications
1440.10 Starting with Highest Level of Affected Classification
1440.10.10 Reverting to Lower Classification
1440.20 Displacing Less Senior Non-Safety Employees
1445.00 Use of Layoff Re-Employment Lists
1445.10 Safety Department Layoff Re-Employment List
1445.20 County Layoff Re-Employment List
1450.00 Rights of Recalled Employees
1450.10 Return at Same Step and Range Level Held Prior to Displacement
1450.10.10 Vacation/Sick Leave Credits
1450.20 Probationary Period
1455.00 Priority and Duration of Layoff Re-Employment Lists
1455.10 Precedence of Safety Department Layoff and County Layoff Re-Employment
Lists
1455.20 Rights to Recall
1455.30 Reasons to Remove Names from Layoff Re-Employment Lists
1455.31 Failure to Accept Employment
1455.32 Failure to Appear for Job Interview
1455.33 Failure to Respond
1455.34 Request to be Removed by Employee from Re-Employment Lists
1455.35 Failure to Accept Employment Within Department in Same Classification
1460.00 Restoration of Former Employee's Name to Layoff Re-Employment List
1460.10 Reasons for Restoration
1460.10.10 Medical Disability
1460.10.20 Failure to Comply Due to Unusual Circumstances
1460.20 Duration of Rights
1460.30 Restoration to County Layoff Re-Employment List
RULE 1500 DISPLACEMENT APPEAL PROCEDURE
1510.00 Definitions
1510.10 Hearing Officers
1510.20 Displacement
1520.00 Displacement Appeal
1525.00 Appeal Procedure
1525.10 Violation of Civil Service Commission Rules
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1525.20 Appeal Procedure
1525.21 Step 1, Completion & Filing Appeal Petition
1525.22 Step 2, Review and Response to Employee
1525.23 Step 3, Appeal to Civil Service Commission
1525.24 Step 4, Commission Hearing
RULE 1600 RESIGNATION
1610.00 Resignation - Written Notice
1620.00 Failure to Resign Appropriately
1630.00 Employee’s Standing at Time of Resignation
RULE 1700 DISMISSAL, SUSPENSION, REDUCTION
1705.00 Cause for Dismissal, Suspension or Reduction
1705.01 Absence without Leave
1705.02 Conviction Defined
1705.03 Conduct Unbecoming an Employee in the Public Service
1705.04 Disorderly or Immoral Conduct
1705.05 Incapacity
1705.06 Incompetency or Inefficiency
1705.07 Insubordination
1705.08 Possession of Alcohol/Drugs
1705.09 Neglect of Duty
1705.10 Negligence or Willful Damage to Public Property
1705.11 Violation of Lawful Regulation or Order by Superior
1705.12 Fraud
1705.13 Dishonesty
1705.14 Controlled Substance or Narcotic
1705.15 Discourteous Treatment
1705.16 Improper Political Activity
1705.17 Willful Violation of Civil Service Law or Rules
1710.00 Notice of Proposed Action and Employee's Right to Respond
1710.10 Written Notice Requirements
1710.20 Employee’s Right to Inspect Materials
1710.30 Employee’s Right to Respond
1715.00 Duty Status During Notice Period
1715.10 Temporary Reassignment of Duties
1720.00 Exceptions to Notice Period and Opportunity to Respond
1720.01 Crime Which May Require Imprisonment
1720.02 Extraordinary Circumstances
1725.00 Order of Dismissal, Suspension or Reduction
1725.20 Written Rebuttal
1730.00 Appeal and Answer
1730.10 Notice of Request for Appeal
1730.20 Request for Bill of Particulars
1730.30 Distribution of Bill of Particulars
1735.00 Hearings
1735.10 Commencement Timeline
1735.13 Delay or Postponement
1735.15 Public/Closed Hearings
1735.19.10 Pre-Hearing Motions
1735.19.20 Hearing Motions
1735.19.30 Failure to Comply
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1735.20 Conduction of Hearing
1735.21 Hearing Format
1735.22 Exhibits
1735.23 Pre-Hearing Meet and Confer
1735.24 Hearing Document Submissions
1735.25 Hearing Readiness
1735.30 Hearing Representation
1735.30.10 Proceedings Duties
1735.40 Hearing Standards
1736.00 Pitchess Motions
1736.10 California Law
1736.20 Pitchess Motion Filing
1736.30 California Code of Civil Procedure
1736.40 California Evidence Code
1736.50 Hearing of a Pitchess Motion
1740.00 Findings and Decision
1740.10 Commission’s Responsibility
1745.00 Maximum Suspension
1750.00 Hearing Officer
1760.00 Occupational Alcoholism - Non-Punitive Action
1760.05 Treatment Program
1760.10 Disciplinary Action
1760.20 Employee’s Failure to Meet Treatment Goals
RULE 1800 DISCRIMINATION APPEALS
1810.00 Complaints Based on Discrimination and Harassment
1810.01 Unlawful Discrimination or Discriminatory Harassment
1810.02 Prohibition Against Discrimination, Harassment or Retaliation for Complaint
1810.03 Prohibition Against Discrimination, Harassment or Retaliation for Personal
Involvement
1810.04 Unlawful Acts
1810.04.10 Verbal or Physical Abuse or Threats of Harm
1810.04.20 Disciplinary Actions
1810.04.30 Failure to Give Equal Consideration
1810.04.40 Imposition of Adverse Working Conditions
1810.04.50 Unreasonable Denial of Employment Benefits
1820.00 Complaint Procedure
1820.01 Informal Investigation
1820.02 Formal Investigation
1820.03 EEO Officer Findings and Recommendations
1830.00 Hearing
1830.01 Purpose of Hearing
1830.02 Hearing Format
RULE 1900 ELIMINATION OF OFFICE
1900.00 Definitions
1910.00 Appointment of Former Employees of Eliminated Secondary Office
1910.10 Deputies
1910.20 Other Than Deputies
1920.00 Probationary Period
1930.00 Vacation, Sick Leave and Retirement
1931.00 Terms and Condition of Agreement
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RULE 2000 POLITICAL ACTIVITY OF COUNTY EMPLOYEES
2000.00 No Person Employed Under the System Hereby Created Shall Participate in any
Political Activity on County Time
RULE 2100 CERTIFICATION OF PAYROLLS - DELETED BY ORDER OF CIVIL SERVICE
COMMISSION ON 12/14/15 (See Kern County Administrative Policy and Procedures Manual
Chapter 2).
RULE 2200 ORGANIZATION AND ADMINISTRATION
2210.00 The Commission
2210.10 Duties and Responsibilities
2210.11 County of Kern Initiative Civil Service Ordinance A-126
2210.12 Investigations
2210.13 Staff
2210.14 Establish General Policy
2210.15 Minutes of Proceedings, and Other Records
2210.16 Annual Report to the Board of Supervisors
2210.17 Appeals
2210.18 Commission Budget Recommendation to the Board of Supervisors
2220.00 Election of Officers
2225.00 Quorum
2227.00 Commission Meetings
2229.00 Order of Business
2229.10 Reading of the Minutes
2229.20 Public Requests
2229.30 Departmental Requests
2229.40 Human Resources Division Reports/Requests
2229.50 Commissioner Items
2230.00 Secretary to the Commission
2230.10 Secretary Appointment
2230.20 Records of Commission Proceedings
2230.30 Commission Forms
2230.40 Commission Correspondence
2230.50 Commission Meetings
2230.60 Appeal Hearings
2230.70 Commission Liaison
2230.80 Division of Human Resources Collaboration
2230.90 Annual Report to the Board of Supervisors
2230.100 Commission Website
2230.110 Meeting Agendas
2230.120 Prepare and Administer the Commission Budget
2230.130 New Commissioners Orientation
2230.140 Other Duties
2232.00 Chief Human Resources Officer
2232.10 Responsibilities for Civil Service Rules
2232.20 Examinations
2232.30 County Employees Roster
2232.40 Certification of Eligibles
2232.50 Administer Provisions for Transfers, Leaves of Absences, Separations, and Re-
16
Employment Privileges
2232.60 Prepare/Conduct Examinations
2232.61 Examination Management System
2232.62 Job Bulletins
2232.63 Examination Components and Weighting
2232.64 Examination Questions
2232.65 Examination Protection
2232.66 Subject Matter Experts
2232.67 Directing Work of Others
2232.68 Applicant Eligibility Determination
2232.70 Payroll Certification
2232.80 Administer Classification and Compensation Plans
2232.90 Annual Review of Salary Data
2240.00 Records
RULE 2300 RULES AND REGULATIONS
2301.00 Amendment of Rules
2302.00 Regulations
2303.00 Judicial Review
17
Rule 100 DEFINITIONS
Applicant - shall mean a person who has made formal application to take a civil service
examination.
Appointing Authority - shall mean the head of a department, supervising head of a
department, or any person or group of persons authorized by statute, ordinance, or lawful
delegation of authority to make appointments to employment positions.
Board - shall mean the Board of Supervisors.
Business Day - shall mean the business days of the division of Human Resources.
Certification - shall mean the submission by the Division of Human Resources of names from
an appropriate eligible list to an appointing authority.
Chief Human Resources Officer - shall refer to the administrator of the Division of Human
Resources as provided in Kern County Ordinance Code Chapter 3.02.
Class or Class of Positions - shall mean a group of positions sufficiently similar in respect to
their duties and responsibilities that the same descriptive title, the same qualification
requirements, the same test of fitness, and the same schedule of compensation may be
applied to each position in the group.
Classification Plan - shall mean a summary and schematic outline of the classes of positions
in the classified service arranged by broad service, groups of classes, and series of related
classes as approved by the Board; the class specifications and the rules for administration of
the plan.
Classification or Reclassification - shall mean the determination of a position's contents and
its allocation by the Board to a class in accordance with the duties performed and the authority
and responsibility exercised.
Classified Service - shall mean all offices, positions, and employments in the Kern County
Service, except those expressly designated as exempt from the provision of the Civil Service
System under Section 3.04.020 of the Kern County Civil Service Ordinance.
Commission - shall mean the Kern County Civil Service Commission.
Compensation - shall mean any salary, wage, fee, allowance, or other emolument paid to an
employee for performing the duties and exercising the responsibilities of a position.
Confidential Assistant - shall mean any person appointed to a budgeted position officially
designated as a confidential assistant by the Board of the County and whose duties,
responsibilities, and authority emanate from the elected official making the appointment.
County - shall mean the County of Kern Government.
Demotion - shall mean a change in status of an employee for disciplinary purposes from one
class position to another class position, with a lower range of pay. 
18
Rule 100 DEFINITIONS
Disability - shall mean a physical or mental impairment that substantially limits one or more of
the major life activities of an individual, having a record of such an impairment, or being
regarded as having such an impairment.
Dismissal - shall mean the separation of an employee by an appointing authority for cause.
Eligible - shall mean an applicant for any examination who receives a final passing rating and
whose name appears on an eligible list.
Eligible List - shall mean an officially promulgated list of names of persons who have been
examined in an open competition or promotional examination arranged in order of merit and
who are eligible for certification for a specific class.
Emergency Appointment - shall mean an appointment, not to exceed 15 calendar days’
duration, made during an actual emergency to prevent the stoppage of public business.
Employee - shall mean a person legally holding a position in the classified service of the
County of Kern.
Employment List - shall mean eligible list, promotional eligible list, and re-employment list.
Essential Functions - shall mean those job functions, as listed in the specifications for the
position prepared by the Division of Human Resources, which are fundamental to the
successful performance of the position.
Extra Help - shall mean employment in the classified service required because of temporary,
limited-term, or seasonal needs for which regular positions are not provided by the Salary
Ordinance.
Human Resources - shall refer to the Division of Human Resources referenced in Kern
County Ordinance Code Chapter 3.02.
Job Analysis - shall mean the systematic process which embraces the collection, compilation,
verification, study, and application of all pertinent information about the nature of a specific job
or group of jobs in the same classification for purposes of meeting such personnel
management needs as job evaluation, position classification, recruitment, examination
development and validation, and employee performance planning and appraisal.
Layoff - shall mean termination of employment of an employee without prejudice because of
lack of funds or work, because of natural changes of duties or organization, or in order to
permit reinstatement of an employee who has been on duly authorized leave of absence
without pay.
Leave of Absence - shall mean permission to be absent from duty for a specified period,
which gives the employee the right to return to his position at the expiration of the period.
Objectively Graded Test - shall mean any test in which an examinee receives a score that is
not influenced by the views or opinions of those grading the test or evaluating the test results
(e.g., a multiple-choice written test - not subject to interpretation).
19
Rule 100 DEFINITIONS
Oral Interview - shall mean an examination employing one or more interview panel members
who have the responsibility to assess and subjectively rate an examinee's fitness and
qualifications for employment.
Performance Evaluation - shall mean the recording, on the form prescribed by the County, of
the behavior, productivity, and individual efficiency of each probationary and permanent
employee of the classified service.
Performance Examination - shall mean any examination requiring the examinee to
demonstrate knowledge, skills, abilities, and attributes. Such examinations may employ
written, oral, or physical responses from the examinee, may be objectively or subjectively
graded (or a combination of the two), and may present the test material through a variety of
media.
Permanent Employee - shall mean any employee who has permanent status in the classified
service.
Permanent Status - shall mean the status of an employee who is lawfully retained in his
position after the completion of the probationary period as provided in these rules.
Physical Ability Test - shall mean a test of an examinee's physical abilities (as contrasted with
mental abilities). Such tests may include, but not be limited to, demonstrations of static
strength, dynamic strength, balance, quickness, stamina, flexibility, and manual dexterity.
Pitchess Motion – shall mean any motion filed with the Commission in which the moving party
seeks disclosure of information from any portion of the personnel files of a peace officer or
custodial officer as those terms are defined in the California Penal Code.
Position – shall mean a specific office or employment provided by the Positions and Salary
Schedule, whether occupied or vacant, limited term or permanent, calling for the performance
of certain duties and the carrying of certain responsibilities by an employee either on a parttime or full-time basis.
Probationary Period – shall mean a period of active service following date of appointment to a
permanent position from an eligible list, successful completion of which shall give the employee
permanent status.
Probationary Status – shall mean the status of an employee who has been certified and
appointed from an eligible list or a promotional eligible list but has not completed the
probationary period as provided in these rules.
Promotion - shall mean a change in status of an employee advancing him/her through
certification from an eligible list to a vacant position in a higher class with higher duties,
responsibilities, qualifications, and a higher range of compensation.
Promulgation - shall mean the formal act, by Human Resources, of authenticating and
approving for use the eligible lists developed for the various classes of positions within the
County.
20
Rule 100 DEFINITIONS
Provisional Appointment - shall mean an appointment made in the absence of any
appropriate eligible list as provided in these rules and the Section 3.04.060 of the Kern County
Civil Service Ordinance.
Provisional Employee - shall mean an employee holding a position under provisional
appointment, pending a competitive examination for the class.
Reduction in Compensation – shall mean a reduction in an employee’s compensation for
disciplinary purposes without a demotion in class of position by ordering the employee’s step
level changed to a lower step level.
Seasonal Position - shall mean any position which requires or is likely to require the services
of an incumbent during certain parts of each year or recurring annually or at other periods.
Secretary – shall refer to the Civil Service Commission Secretary. This position may also be
sometimes referred to in these Rules as Commission Secretary.
Subjectively-Graded Test - shall mean any test in which examinee scores result from the
assessment, interpretation, opinion, evaluation, or observation of another person or group of
persons, or for which there can be many forms of a correct response or responses. Tests
normally employing subjective grading techniques include, but are not limited to, performance
tests (practical demonstrations of skill and ability), oral interviews, assessment centers, and
assessment exercises.
Suspension - shall mean an enforced absence of an employee without pay for disciplinary
purposes or pending investigation of charges made against an employee.
Transfer – shall mean a transfer from a class position in one County department to the same
class position in another County department with joint consent of both departments involved.
Written Examination - shall mean an examination which employs multiple choice completion
or true/false responses (or a combination) to the questions presented and which is graded
objectively.
21
Rule 200 CLASSIFICATION AND COMPENSATION
201.00 UNDER AUTHORITY OF CHAPTER 2, DIVISION 3, PART 1, of the Ordinance
Code, Rule II classifies and prescribes salaries for all positions in the classified
service of the County of Kern. Because of its size and because it is periodically
re-enacted with or without amendments, Rule II is printed in a separate book to
which reference is here made.
202.00 CLASSIFICATION OF POSITIONS
Each position in the classified service shall be classified upon recommendation
of the Chief Human Resources Officer and approval of the Commission and the
Board and shall be allocated to the appropriate class in accordance with the
character, difficulty, and responsibility of its assigned duties. Positions shall be
allocated to the same class when their duties are sufficiently similar that:
202.10 The same descriptive title may be used to designate each position in the class.
202.20 The same level of education, experience, knowledge, and other qualifications
may be required of incumbents.
202.30 Similar tests of fitness may be used to select incumbents.
202.40 The same schedule of compensation will apply with equity under substantially
the same employment conditions.
203.00 AMENDMENT AND MAINTENANCE OF THE CLASSIFICATION PLAN
Whenever one or more new positions are to be established or whenever,
because of any change in organization or method, significant change in the
duties or responsibilities of any existing position is to be made which requires the
amendment of the classification plan, such revision and amendment of the
classification plan shall be made in the manner as provided herein.
203.10 Whenever an appointing authority proposes that a significant change be made
in the duties and responsibilities of an existing position, they shall forthwith
report the significant facts in writing to the Chief Human Resources Officer.
Thereupon, the Chief Human Resources Officer shall make a study of the
duties and responsibilities of any such position and of the qualifications
required for filling the same and of the relationship of such positions to other
classes of positions in the classification plan.
203.20 The Chief Human Resources Officer, upon written request of a department
head or any employee or upon its own initiative, may investigate the allocation
of any existing position because of a significant change in the duties and
responsibilities or because of the creation of a new class to which such position
may more appropriately be allocated or because of the abolishment or
combination of any existing positions or classes.
203.30 Whenever a new position is created and is classified before it is occupied, such
position shall be subject to investigation to determine if it is correctly classified
after the position is occupied.
22
Rule 200 CLASSIFICATION AND COMPENSATION
203.40 Upon completion of such investigation, the Chief Human Resources Officer
shall present his or her findings to the Commission and the Commission shall
determine whether the duties of any existing or proposed positions have been
changed, added to, or eliminated. If appropriate, the Commission shall direct
the Chief Human Resources Officer to make a recommendation to the Board
as to the changes that should be made in the salary schedules affected.
203.50 An employee occupying a position in the classified service under consideration
for reclassification to a higher level must meet the employment standards for
the higher-level classification. Subject to the judgment and discretion of the
Chief Human Resources Officer, the employee may be required to demonstrate
qualifications for the higher-level classification by appropriate examination.
204.00 SPECIFICATIONS
204.10 The Commission shall maintain a written specification for each class of position
in the classified service and, when approved and adopted by the Commission,
they shall constitute the official specifications of classes in the County Service.
The official copy of the specification for each class of position shall be
maintained in the office of the Commission and shall indicate the date of
adoption or last revision or amendment.
204.20 The specification shall include: the class title; a brief description of the scope,
nature, and responsibility of the class; a description, typical but not necessarily
restrictive, of tasks or duties ordinarily performed in positions allocated to the
class; a statement of education, experience, knowledge, skills, abilities, and
additional factors or features necessary to perform satisfactorily on the job.
204.21 The Chief Human Resources Officer may approve new specifications and
revise existing specifications, pursuant to the terms of this subsection. Such
approval or revision shall require the concurrence of any recognized employee
organization(s) and affected County department(s), it shall be calendared for
review and approval by the Commission at a regularly scheduled or special
meeting. The Commission shall approve or reject the proposed new or revised
specifications at that time.
204.30 Specifications are not restrictive and shall not be construed as declaring that
duties and responsibilities shall not be changed or that an appointing authority
may not temporarily assign other duties and responsibilities to or otherwise
direct and control the work of employees under his supervision.
205.00 COMPENSATION PLAN
The Basic Pay Plan consists of the salary schedule and the assignment of
classes to such schedules as provided in the Salary Ordinance. Each employee
shall be paid within the schedule for his class as provided in said ordinance.
205.10 The County's compensation program shall be maintained through a program
involving meetings and conferences between the Board of Supervisors'
designated representatives and representatives of recognized employee 
23
Rule 200 CLASSIFICATION AND COMPENSATION
organizations conducted in accordance with the provisions of the MeyersMilias-Brown Act (Government Code Section 3500 et seq.) and ordinances,
resolutions, and regulations adopted from time to time by the Board of
Supervisors regarding employer-employee relations. This Rule is adopted for
the expressed purpose of implementing Section 3.04.060(B) of the Kern
County Civil Service Ordinance in conformity with the Meyers-Milias-Brown Act
which was intended by the State Legislature to regulate the field of public
employee labor relations throughout the State.
24
Rule 300 APPLICATIONS AND EXAMINATIONS
301.00 FILING OF APPLICATIONS
No person shall be admitted to an examination for employment unless such person
shall have completed and filed an application for said examination upon the form
approved by the Commission and furnished by Human Resources. The application
shall not have been rejected by the Commission or Chief Human Resources Officer
for cause in accordance with the provisions of these rules. Applicants must file
applications in the office of Human Resources, in person, electronically or by mail,
not later than the final filing date prescribed in the notice of examination. The
application must be received in the office of Human Resources by the close of
business on the final filing date specified in the announcement. The applicant shall
certify as to the correctness of all statements made in his/her application.
301.10 Applicants must possess the minimum qualifications for the class of position
applying to on or before the final date for filing applications.
301.20 Applicants must comply with all special instructions contained in the
announcement.
302.00 AGE
No person shall be denied employment in the classified service solely because of
age, nor shall any applicant who meets the minimum qualifications for a job be
denied admission to any examination solely because of age.
302.10 The Commission may fix minimum and/or maximum age requirements when
compatible with legal requirements or when the Commission finds that certain age
restrictions constitute a bona fide occupational qualification.
303.00 MEDICAL AND PHYSICAL STANDARDS
The Commission may establish medical and physical standards for some or all of
the various classes of positions in the Classified Service which shall measure each
entering employee's ability to perform the essential functions of the position. Each
individual who has received a conditional offer of employment shall be required to
meet the medical and physical standards prescribed by the Commission and may
be required to take a medical and physical examination to determine whether or not
he or she meets such standards prior to commencing work. An offer of employment
may be withdrawn if the individual does not meet the standards and cannot, with
reasonable accommodation, perform the essential functions of the job.
Notwithstanding any provision of these Rules to the contrary, the Chief Human
Resources Officer may allow appointment without such examination in the case of
temporary employment with the approval of the Commission. The Chief Human
Resources Officer shall designate the physicians to make such examinations.
Candidates for employment may be required to submit to drug and alcohol
screening tests. The standards for such testing shall be as defined in the County
Alcohol and Drug Policy approved by the Kern County Board of Supervisors or by
any other applicable drug and alcohol policy. Persons who fail to appear for or fail to
pass a drug or alcohol screening test or otherwise violate the County Alcohol and 
25
Rule 300 APPLICATIONS AND EXAMINATIONS
Drug Policy or other applicable drug and alcohol policy shall be removed from all
eligible lists and disqualified from participating in examinations for employment for
not less than 180 calendar days from the date of initial detection, and any offer of
employment shall be deemed void and withdrawn. In addition, candidates other than
current County employees shall be barred from County Employment for not less
than 180 calendar days from the date of initial detection.
303.10 Physical Ability: The Chief Human Resources Officer shall establish a physical
ability testing methodology for classifications designated by the Commission. The
testing methodology shall be designed to determine an applicant's physical ability
to perform the essential functions of the classification, with or without reasonable
accommodation. When the Chief Human Resources Officer establishes a
physical ability test for a particular classification, each applicant or eligible shall be
required to take the physical ability test. The Chief Human Resources Officer
shall designate the physician or other professional qualified to design and/or
administer a physical ability test.
303.20 If the applicant or eligible is found not to meet the prescribed standards by the
professional designated by the Commission to administer the physical ability test,
and reasonable accommodation cannot be made, his name shall be:
303.21 Withheld from placement on the eligible list by the Chief Human Resources
Officer; or
303.22 Removed from the eligible list by the Commission; or
303.23 Withheld from certification by the Chief Human Resources Officer until the eligible
does meet the required standards unless waiver of medical and physical
standards is granted.
303.30 The Commission or Chief Human Resources Officer may exercise discretion in
granting a waiver of medical and physical standards to allow temporary or
permanent appointment of an applicant or eligible who does not possess the
required health and physical ability. Such waiver may be made upon such
conditions or for such period as the Commission or Chief Human Resources
Officer may prescribe with the approval of the Commission.
303.40 The Chief Human Resources Officer may permit an applicant to obtain a second
medical opinion, at his or her expense, for the purpose of clarifying medical or
physical qualifications. The second medical opinion shall be given whatever
weight and consideration the Chief Human Resources Officer, in his judgment,
deems appropriate and is no guarantee of employment or placement on an
eligible list.
303.50 In the event of employment in advance of medical and physical examination or in
the event of appointment after waiver subject to attainment of required standards
within a specified time, such employee shall be separated on order of the Chief
Human Resources Officer unless the employee attains the standards or is granted
an adequate waiver.
26
Rule 300 APPLICATIONS AND EXAMINATIONS
304.00 SPECIAL QUALIFICATIONS
In application for examinations for positions which are scientific, professional, or
technical, or for positions that duties of which require special qualifications, the
Commission may demand evidence of a satisfactory degree of education, training, or
experience, and may demand certificates of competency or the possession of such
license as the law may provide as necessary for the practice of the profession, art, or
trade involved and may exclude applicants who fail to give such evidence or
certificates or who do not possess such licenses. All such requirements or evidence
of education or licenses shall be prescribed in the public notice of the examination.
305.00 EXPERIENCE
Experience shall be credited if the applicant held the payroll title of the classification
as a permanent or probationary employee in which experience is claimed and was
paid the prevailing rate in that classification. The length of time credited to a given
level of experience shall be the time actually paid as a permanent or probationary
employee for the services performed in that classification or job. (Rev.10/24)
305.10 In the event an employee of the county claims to have performed duties outside
those stated in the job specifications without compensation, the experience gained
shall be included in the assessment of the employee’s employment application. In
order for the experience to be included the employee must provide a letter from the
department head that verifies out-of-class duties performed, length of assignment
and percentage of time spent performing the duties. The letter must be attached to
the employment application. Experience qualified in this manner that is
contemporaneous to the application submission shall be considered a standing
order for a classification review by Human Resources. (Rev. 10/24)
305.20 Volunteer Experience.
For those classifications which allow it, volunteer experience will be credited upon
certification by the head of the recognized organization in which the volunteer
experience was obtained. The certification must include the nature, duration, and
level of responsibility of the volunteer experience. To be counted, such experience
must be found by Human Resources and the requisitioning departments to be
directly relevant to the applied for position.
306.00 INVESTIGATION AND FINGERPRINTS
In any examination for employment, the Commission may require as a
prerequisite to such examination the taking of fingerprints of all applicants,
and the Chief Human Resources Officer may make special inquiry into past
records of all applicants and any other investigations as deemed necessary.
Any person whose record or reputation shall, in the Commission’s judgment,
so warrant shall be disqualified from taking such examination or, having taken
said examination and whose name appears on the eligible list, be withheld
from certification, or removed from said list. 
27
Rule 300 APPLICATIONS AND EXAMINATIONS
307.00 DISQUALIFICATION
The Commission may refuse to examine or, after examination, to certify as
eligible or may remove from the eligible list any person:
307.00.01 Who lacks any of the minimum qualification established by the
Commission for the examination of position to which he/she seeks
appointment;
307.00.02 Who has made a false statement of one or more material facts in
his/her application or supporting materials;
307.00.03 Who has engaged in deception or fraud on his/her application or
supporting materials in attaining or attempting to attain eligibility or
appointment;
307.00.04 Who has engaged in deception, fraud or cheating in the
examination process in attaining or attempting to attain eligibility or
appointment;
307.00.05 Who has been previously dismissed for good cause from any public
service;
307.00.06 Who has resigned from public service not in good standing or in
order to avoid dismissal;
307.00.07 Who has used, or attempted to use, any personal or political
influence to further his/her eligibility or appointment;
307.00.08 Who has failed to submit the application correctly or within the
prescribed time limits;
307.00.09 Who has otherwise violated provisions of these rules.
307.05 Potential violations of section 307.00 by existing employees covered under the
Public Safety Officers Procedural Bill of Rights and/or the Firefighters Bill of
Procedural Bill of Rights will be referred to the applicable employing department
head for investigation and potential further action.
307.06 The Chief Human Resources Officer may investigate allegations of cheating by all
other persons not specifically covered in Section 307.05 or may choose to refer the
matter to the appropriate department head for investigation.
307.07 If the allegations of cheating by an existing employee are substantiated, the
employing department or the Chief Human Resources Officer may ask the Civil
Service Commission to remove the employee’s name from any eligible list he/she
may currently be on, and/or any exam currently in process.
307.10 Disqualification from County Employment Based Upon Conviction or Violation of
the County Alcohol and Drug Policy. 
28
Rule 300 APPLICATIONS AND EXAMINATIONS
An applicant may be disqualified by the Chief Human Resources Officer from
participating in an examination for employment with the County based on certain
criminal convictions or one or more violations of the County Alcohol and Drug
Policy. The following provisions shall cover the exclusions for employment with the
County based upon criminal conduct conviction or violation of the County Alcohol
and Drug Policy.
307.10.01 Conviction of any felony, or any crime(s) involving moral turpitude,
provided the crime is substantially related to the qualifications,
functions, or duties of the position sought. The term conviction, as
used in this rule, shall include a plea of guilty or a conviction following
a plea of nolo contendere.
307.10.02 Current use of illegal drugs.
307.10.03 Failure of a pre-employment drug or alcohol screening test
administered or required by the County, failure of a drug or alcohol
screening test in the 180 days preceding the application for
employment; or other violation of the County Alcohol and Drug Policy
or other applicable drug and alcohol policy.
307.10.04 Failure to respond to notice due to incarceration.
307.10.05 Applicants on probation by the court for a previous conviction(s) may
not be considered for peace officer positions.
307.20 The following factors may be considered in determining whether the crime(s) is
substantially related to the qualification, functions, or duties of the particular
classification for which application is made as provided in Rule 307.10.01.
307.20.01 The classification involves maintenance, and/or custody of firearms; the
handling of legal, financial, or confidential documents; drugs, narcotics,
or medical supplies; the operation of motorized vehicles; or involves
responsibility over adults or juveniles.
307.20.02 The nature and seriousness of the conduct.
307.20.03 The circumstances surrounding the conduct.
307.20.04 The time lapse since the occurrence of the conduct.
307.20.05 The frequency of the conduct.
307.20.06 The age of the individual at the time of the conduct.
307.20.07 The presence or absence of rehabilitation.
307.20.08 Other material factors considered applicable by the Commission on a
case-by-case basis. 
29
Rule 300 APPLICATIONS AND EXAMINATIONS
307.30 An applicant for a continuous (series) examination shall automatically be
rejected if he/she is currently on the eligible list for the same exam number or
has been unsuccessful testing for the class in the 60 days preceding the date
of application, provided, however, that applicants who fail an exam component
subsequent to the written exam may again test at the next scheduled time for
that component.
308.00 NOTIFICATION OF DISQUALIFIED APPLICANTS
An applicant disqualified pursuant to rule 303.10 or rule 307.00 or an individual
whose conditional offer of employment is withdrawn pursuant to rule 303.00 shall be
promptly notified of the disqualification by the Chief Human Resources Officer.
Notice of disqualification shall be mailed to the applicants’ last known address.
309.00 APPLICATIONS NOT TO BE RETURNED
Applications, whether accepted or rejected, shall remain on file in the office of
Human Resources and shall not be returned. Minor defects or omissions in the
application on file may be corrected or supplied only after obtaining special
permission from the Chief Human Resources Officer. The date of receipt of
application shall be endorsed thereon or otherwise electronically recorded.
Applications of persons who fail to appear for examination shall not be used for any
other examination and shall be canceled. The names of applicants shall not be
disclosed to the public without the expressed permission of the Commission.
310.00 VETERANS' PREFERENCE
In order to qualify for Veteran’s Preference Credits as provided in Kern County
Ordinance Code Section 3.04.060(H), an applicant must have served in the United
States Army, Navy, Air Force, Marine Corps, Coast Guard, or any division thereof in
time of war or in any expedition of the armed forces of the United States and have
received an Honorable discharge, a Certificate of Honorable Active Service, or an
Under Honorable Conditions (General) discharge. Discharges which are classified
as Under Other Than Honorable Conditions, Bad Conduct, Dishonorable or
Uncharacterized are not qualifying for Veteran’s Preference Credits. In addition, he
or she must have applied for such credits on the form approved by the Commission
and provided by Human Resources - Application for Examination and must have
presented to the Chief Human Resources Officer the original or photostatic copy of
the appropriate discharge or certificate of honorable active military service or
acceptable evidence of required military service not later than the final filing date.
310.10 Veterans' Preference Credits shall not be applied in promotional examinations.
310.20 Applicants who fail to apply for Veterans' Preference Credits or who do not
present the required credentials within the prescribed time allowed will be deemed
to have waived such credits.
311.00 PROHIBITION AGAINST DISCRIMINATION
Discrimination against any person in the classified service or any person seeking
admission thereto because of race, national origin, sex, age, physical disability, 
30
Rule 300 APPLICATIONS AND EXAMINATIONS
color, medical condition, marital status, ancestry, or union activity is prohibited.
Discrimination on the basis of age, sex, or physical disability is prohibited except
where age, sex, or physical requirements constitute a bona fide occupational
requirement.
312.00 EXTRA HELP SERVICE CREDIT
An extra credit of five percent (5%) of the total credits earned in any competitive open
examination for permanent employment shall be given to all persons who have earned the
minimum qualifying score on the examination and who have successfully performed with a
rating that meets or exceeds expectations on a formal annual evaluation while serving in
an extra help (limited term) capacity in the same classification. Applicants must submit
documentation of qualifying extra help experience with their application materials.
312.10 Extra help credit will be limited to two years or ten percent (10%) of total credit earned.
312.20 Extra help credit shall not be applied in promotional examinations.
312.30 Applicants who fail to apply for extra help service credit or who do not provide the required
documentation within the prescribed time will be deemed to have waived such credits.
31
Rule 400 EXAMINATIONS
401.00 EXAMINATION MANAGEMENT OBJECTIVE
It shall be the objective of the Commission to develop and administer examinations
(selection processes) for each class of position, which conform as closely as
possible to accepted test and measurement standards for validity and reliability. The
Chief Human Resources Officer shall, as necessary, establish policies or
procedures consistent with these Rules, which will contribute to this objective.
402.00 CALL FOR EXAMINATION
Subject to the approval of the Commission, the Chief Human Resources Officer
shall call open or promotional examinations to fill vacancies in the classified service
or to provide eligible lists for classes of positions where vacancies are likely to occur
and shall prepare, announce, and conduct same in the manner hereinafter provided.
403.00 CHARACTER AND PREPARATION OF EXAMINATION
Examinations may consist of any one, or combinations of, the following as
determined by the Chief Human Resources Officer.
403.01 Written examination,
403.02 Performance examination,
403.03 Oral interview,
403.04 Physical ability examination,
403.05 Rating of education, training, and experience,
403.06 Assessment center,
403.07 Work sample exercises.
403.10 Examinations shall be practical in nature and shall be related to such matter as
will test fairly and practically the ability of the applicant to perform the essential
functions of the position to which he/she seeks appointment, and such as will
reveal his general background and related knowledge. No questions pertaining to
religious or political opinions or affiliations shall be asked of any applicant.
403.20 Examinations shall be prepared under the direction of the Chief Human
Resources Officer, who may request or employ persons of recognized
attainments, other personnel agencies, personnel consultants or experts, officers
or employees of the County, or such other assistance as deemed necessary, to
assist in the preparation, conduct, or grading of such examinations.
403.21 No person who participates in the examination process including the creation of
some or all of the exam component(s); reviewing of exam materials, or who
participates in an oral interview panel, shall individually or in cooperation with
other person(s), furnish confidential examination materials to anyone for
promotion or appointment. Unauthorized disclosure of confidential examination
materials, including verbal dissemination of examination questions, will result in
disqualification by the Civil Service Commission from future participation in the
preparation, conduct or grading of examinations.
32
Rule 400 EXAMINATIONS
404.00 NOTICE OF EXAMINATION
Examination announcements shall be written or printed and shall contain:
404.01 The title, class, and salary range for the classification to be filled;
404.02 The period during which applications for open examinations will be received and
final filing date;
404.03 The period during which applications for promotional examinations will be received
and final filing date;
404.04 The subjects of examination and their respective weights and a statement of the
scope of the job duties, including the essential and non-essential functions of the
job;
404.05 Any special physical or medical requirements and examinations where such
requirements are included in the examination and any special minimum
qualifications of education, training, or experience required of applicants;
404.06 Restrictions, if any, as to previous service, age, sex, or residence, and such other
qualifications as may be required;
404.10 Except in cases of promotional examinations, notice of examination shall be given
at least five (5) calendar days prior to the closing date fixed for filing applications
by posting copies of the announcement on a bulletin board designed by the
Commission and by publicly announcing the same in such manner as will, in the
judgment of the Chief Human Resources Officer, attract qualified persons to
compete therein. Copies of said announcements may also be sent to the County
departments, institutions, and boards concerned. Examinations may be
postponed or canceled by order of the Commission.
405.00 COMPETITION
All open examinations for positions in the classified service of the County shall be
public, competitive, and open to the applicants who meet the requirements as
provided by the Civil Service Ordinance and Rules of the Commission and who
have not been debarred for cause in accordance with the provisions of said Rules.
405.10 In those instances where the Chief Human Resources Officer determines in open
recruitment that there is sufficient cause to limit the size of the applicant pool for a
specific examination, he may take action through the testing procedure to limit the
number of applicants to such multi-component examination or any specific phase
of the examination provided the procedures for such limitation are indicated on the
examination announcement. In the event that an unacceptably high number of
applications are received for an examination after the examination has been
announced and no procedures for applicant limitation have been specified in the
announcement, the Chief Human Resources Officer may, through the testing
procedure, take such action as has been approved by the Commission for the
purpose of applicant limitation.
405.20 Any applicants appearing late for a written examination shall not be admitted
thereto after any candidate has completed his work and left the examination room.
33
Rule 400 EXAMINATIONS
405.30 The rules governing promotional examination will be found in Rule 900.
406.00 EXAMINATION PROCEDURE
Unless otherwise ordered by the Commission, all examinations shall be conducted
under the supervision of the Chief Human Resources Officer. The Commission
may, when deemed advisable, appoint competent persons to conduct all or any part
of an examination and to rate the persons participating therein.
406.10 Applicants participating in a written examination or an examination having a
writing requirement shall write his/her name and other requested information upon
an identification form, in a manner as defined by the examination instructions. Any
examination paper bearing a name, number, sign, mark, or character of any kind
other than as specified in the examination instructions, which might disclose the
identity of the applicant shall be rejected.
406.20 No explanation of any examination question shall be made to any individual
applicant and no remarks relating thereto which might assist in its solution shall be
made by the examiner or proctor. Any explanation, which may be deemed
necessary, shall be made to the entire group.
406.30 No conversation or communication between applicants during an examination
shall be permitted nor shall any applicant be permitted to retain in his or her
possession any written, printed matter, electronic device, or other media, which
might serve as an aid in the examination, unless expressly permitted. Evidence of
copying or collusion by an applicant, shall constitute good cause for the rejection
of his/her examination papers and debarment from future examinations. Copies of
the questions in an examination shall not be made nor shall they be taken from
the examination room.
406.40 No applicant(s) shall discuss or disseminate the content or nature of any
component in general or specific terms of an examination once beginning the
exam process. Disclosures of examination materials, including verbal
dissemination of examination questions or topics, will result in disqualification by
the Civil Service Commission from the examination and future examinations with
the County of Kern for a period of two (2) years.
407.00 RATING OF EXAMINATIONS
The various subjects in an examination, which are graded independently, shall be
assigned weights representing their relative values in ascertaining the fitness of the
applicant. These weights shall represent the value of each subject in the whole
examination. Unless otherwise provided in the announcement, applicants will be
graded on a scale in which 100 percent represents the highest degree of
competency, which reasonably can be expected, and, unless otherwise ordered by
the Commission, an earned average of 70 percent shall represent the lowest
acceptable degree of competency. Final earned scores (a composite of all
component scores) shall be rounded up to the next whole percentage point for all
entry-level examinations (Veterans' Preference Credits apply). Scores in
promotional examinations shall be reported to two decimal places.
34
Rule 400 EXAMINATIONS
407.03 Notwithstanding the provisions of 407.00, the Chief Human Resources Officer
may report examinee scores for entry-level examinations to two decimal places
when, in his judgment, the examination is sufficiently valid and reliable and
founded in job analysis.
407.10 A minimum grade in any specifically named subject or component below which
any grade attained shall disqualify the applicant in the entire examination may be
established by announcing such required minimum grade in the examination
notice.
407.20 Any applicant who received the minimum acceptable grade on the various
subjects of the examination, other than promotional, who qualifies as a veteran
under provisions of the Civil Service Ordinance 3.04.060-H and Rule 310.00, shall
be given a preferential credit of five percent of the total credits earned for such
examination, which added to his/her actual rating shall constitute the total rating.
An additional credit of five (5) percent shall also be given to all such persons who
are presently receiving compensation for military service-connected disability of
10% or more.
407.30 Failure by an applicant to attain a passing grade in any component of an
examination shall eliminate such applicant from competing in any further portion of
the examination. Any applicant so eliminated shall be notified immediately in
writing.
407.40 The grade of an applicant in the Qualifications Appraisal procedure shall be the
average of the ratings assigned by each individual rater.
407.41 If the applicant received a majority of passing ratings, the applicant will be
considered to have passed in this part of the examination. However, his or her
actual score for this part of the examination will be the average of the ratings given
by each individual rater, and this score will be weighed in with other parts of the
examination provided for in the examination announcement. In such case, it is
possible for an applicant to pass this part of the examination but receive a score of
less than 70 percent.
407.42 Conversely, if an applicant receives a majority of failing ratings, he or she shall be
considered to have failed in this part of the examination.
408.00 NOTICE OF RESULTS OF EXAMINATION
As soon as the rating of an examination has been completed and the eligible list
established, each applicant shall be notified either electronically or by mail of the
examination results and, if successful, of his or her final earned percentage and
relative position upon the eligible list. The applicant may request his or her earned
score on each component of the examination.
409.00 INSPECTION AND REVIEW OF INDIVIDUAL APPLICATION MATERIALS AND
TEST PAPERS
The application and examination papers of an applicant shall be treated as
confidential records of the Commission and shall not be removed from its office.
35
Rule 400 EXAMINATIONS
409.01 Examination papers shall not be available for an applicant’s review. However, an
applicant, within five (5) working days after the tests have been graded and test
results mailed, may petition the Chief Human Resources Officer in writing to
review and confirm the accuracy of the tabulation. The applicant shall be promptly
notified of the results of this review.
409.02 Applicants are permitted to challenge and appeal any item on a written
examination. The appeal shall be prepared on the form prescribed by the
Commission and submitted to the Chief Human Resources Officer within three (3)
working days after the date of the examination. The applicant shall be as specific
as possible in describing the reason for the challenge. Any appeal, which fails to
clearly set forth the reason or authority for the challenge will not be considered.
409.03 The Chief Human Resources Officer shall investigate the appeal as promptly as
possible. After considering all facts, the Chief Human Resources Officer shall
make the final ruling and, thereafter, the examination papers shall be scored
according to the Chief Human Resources Officer’s decision. The results of the
investigation and decision on the appeal shall be promptly provided to the
applicant.
409.04 Examination booklets containing test items and examination requirements, or
instructions shall not be available for applicant review after the applicant has left
the examination area.
410.00 SERIES EXAMINATIONS
A series of open examinations for the same class of positions may be announced by
a single notice. Such examination may be administered from time to time as
applicants are available or as appointments are necessary. A separate eligible list
shall be created for each examination of the series in which there are successful
applicants, provided, however, the Chief Human Resources Officer may prescribe in
the examination announcement that the names of all applicants who qualify in any
examination of the series shall be placed on the eligible list in the order of their final
grades. Names shall be removed from such eligible list one (1) year after the date
they were placed thereon unless the Commission extends the period not more than
one additional year.
411.00 APPEAL FROM QUALIFICATION APPRAISAL BOARD
Within ten (10) days after the notice of the examination results has been sent, a
competitor disqualified by a Qualifications Appraisal Board may appeal in writing to
the Commission only upon the grounds of irregularity, bias, or fraud, but no such
appeal will be considered unless it contains specific allegations citing the exact
cause therefore. The Commission shall rule upon such appeals, and, if it grants the
appeal, it shall give the competitor a rating of 70 percent on education, experience,
and personal qualifications, except that if the Commission finds that the
Qualifications Appraisal Board acted fraudulently, it shall give the competitor such
passing rating as it may decide. 
36
Rule 400 EXAMINATIONS
412.00 APPEAL ON DISCRIMINATION
Within five (5) working days after notice of disqualification, an employee or person
seeking appointment to the classified service may appeal in writing to the
Commission upon the grounds of discrimination for political or religious affiliation
because of race, national origin, sex, age, physical disability, or other non-merit
factor, but no such appeal will be considered unless it contains specific allegations
together with documented evidence supporting the appellant's position. The
Commission shall hear the appeal, consider the testimony and evidence from
interested parties, and render a decision. 
37
Rule 500 ELIGIBLE LISTS
501.00 ORDER OF ELIGIBLE
Upon the completion of an examination, the Commission shall establish a list of
eligible for the class of position for which the examination was given, upon which
shall be enrolled all successful competitors in the order of each competitor's final
earned percentage (computed in accordance with Rule 407.00) in the examination.
When two or more eligible have the same percentage final earned score, each
eligible shall receive the same numerical ranking upon the eligible list with the
added notation, Tie Score. Numerical ranking shall be cumulative. The next ranking
after a tie score shall be one number higher than the total of preceding eligible on
the list. (Rev. 08/96)
502.00 DURATION OF ELIGIBLE LISTS
502.10 Eligible lists shall continue in force for a period of one (1) year from date of
promulgation unless abolished or extended by order of the Commission. In no
event shall lists remain in force for less than six (6) months nor more than two (2)
years. Notice of intention to abolish an eligible list shall be sent to all eligible
whose names appear upon the list to be abolished. (Rev. 08/96)
502.20 When ordered by the Commission, eligible lists resulting from continuous testing
(Rule 410.00 -Series Examinations) may be extended provided that each eligible
on the list who has been on the list less than the maximum two (2) years is
extended an equal period and that no person is extended beyond the date which
would give that person standing after the maximum of two (2) years. (Rev. 08/96)
503.00 PROMULGATION OF ELIGIBLE LISTS
503.10 Preparation of Eligible Lists: The Director shall prepare a statement of the results
of each examination. This statement will show the names of applications rejected,
names of candidates taking the examination, those failing to appear, those
withdrawing, the percentage rating of each examinee in each portion of the
examination, the total earned percentage score computed in accordance with Rule
407.00 of each examinee, and the relative order of ranking of each examinee
whose total score is 70 percent or more. (Rev. 08/96)
503.20 Any individual who has successfully completed a work experience training
program which has been approved by the Director shall have his/her name placed
on the eligible list for the classification for which the employee took special training
and work experience. For the purpose of establishing eligibility, the special
training and work experience shall be deemed as the examination for the class.
(Rev. 08/96)
504.00 ALTERNATE WORK ELIGIBILITY LISTS
In addition to the general employment list, there shall be established for each class
an alternate work list containing the names of employees who have become
permanently incapacitated for the performance of their job duties but who are
qualified to perform the job tasks of other classifications in the same or lower salary
38
Rule 500 ELIGIBLE LISTS
range as the classification from which the employee is disabled. The Director shall
approve the placement of a name on the applicable alternate work lists upon
determination that the employee has the minimum qualifications for the class.
Non-Civil Service employees may not exercise the provisions of this rule to achieve
permanent status in a Civil Service position. (Rev. 08/96)
504.10 Duration of Alternate Work Rights: The name of any person deemed eligible for
placement on an alternate work eligibility list shall continue on the list for a period
of one (1) year after it is placed thereon, after which time it shall be automatically
removed. (Rev. 08/96)
505.00 RE-EMPLOYMENT LISTS
In addition to the general employment list, there shall be established for each class
a re-employment list containing the names of individuals, 1) who have been laid off
or demoted in lieu of layoff through no fault or delinquency on their part, 2) who
have resigned in good standing and have been duly reinstated by the Commission,
or 3) who have been found by the Retirement Board to be no longer incapacitated
from earlier disability retirement and have been duly reinstated by the Commission;
or 4) who have been reclassified with y-grade per County Ordinance 3.08.130. In
this instance, reinstatement shall be subject to the same terms and conditions
applicable to the Civil Service Rule 505.20 (Resignation and Subsequent
Reinstatement on Re-Employment List . . .) (Rev. 01/12/09)
505.10 Layoff: Any personal having permanent status in the classified service who is laid
off because of temporary or permanent abolishment of their position, provided
their overall efficiency report has been satisfactory, shall have their name placed
on the re-employment list for the class of position from which they were laid off.
(Rev. 08/96)
505.20 Resignation and Subsequent Reinstatement on Re-Employment List: Any
employee having permanent status in the classified service and who has resigned
in good standing may make application for reinstatement within one (1) year after
the date of resignation, and, if such request is granted, will be placed on the reemployment list for the class of position from which resigned. Such application
must be made within one (1) year after the effective date of the resignation. It
shall be referred to the appointing authority of the department from which the
person resigned for recommendation. If the Commission grants re-employment
privileges to such person, the person's name shall be placed on the appropriate
re-employment list. (Rev. 08/96)
505.21 Notwithstanding any provisions to the contrary, the Commission may, at its
discretion, waive the one (1) year time limit to make application for reinstatement if
in its judgment unusual and unique circumstances existed which resulted in an
employee's failing to file for reinstatement within one (1) year after the effective
date of resignation. (Rev. 08/96)
39
Rule 500 ELIGIBLE LISTS
505.22 A waiver of the one (1) year time limit is automatically granted to any permanent
employee, in the classified service, who resigns to accept a non-civil service
position (Exclusive of Extra-Help) within the County. In such cases, the individual
has one (1) year from the date he/she leaves the non-civil service position to
exercise re-employment rights. (Rev. 08/96) Upon re-employment, the individual
adheres to the following employment criteria: (1) serves a regular probationary
period of six (6) months; (2) returns to any salary step for the classification,
pursuant to provision of the Ordinance Code; (3) assumes the same vacation
accrual rate as held prior to resignation, upon completion of the probationary
period. The vacation accrual date is adjusted for the time period following
resignation from County employment. All sick leave hours accrued through the
date of resignation are credited to the individual upon completion of the
probationary period. (Rev. 08/96)
505.30 Disability Retirement and Subsequent Reinstatement on Re-Employment List:
Any employee who has retired for disability, then, subsequent to disability
retirement, has been found by the Retirement Board to be no longer incapacitated
after medical examination pursuant to Government Code Sections 31729 and
31730 may make application for reinstatement within one (1) year after the date
the non-incapacity is determined. Such application shall be referred for
recommendation to the former appointing authority together with any reports from
the Retirement Board which may be available. If the Commission grants reemployment privileges to such person, his name shall be placed on the reemployment list for the class of position from which he was disabled. (Rev. 08/96)
505.40 Order of Names: The names of persons laid off shall precede the names of
persons granted reinstatement privileges after resignation or disability retirement.
The names of persons granted reinstatement privileges after having been found
by the Retirement Board to be no longer incapacitated from earlier disability
retirement shall preceded the names of persons granted reinstatement privileges
after the resignation. (Rev. 08/96)
505.41 The names of persons laid off shall be placed on the appropriate re-employment
list in order of seniority as determined by length of service. (Rev. 08/96)
505.42 The names of persons granted re-employment privileges after resignation or
disability retirement shall be placed on the appropriate eligible list in the order of
date of application for re-employment, the most recent application shall be last.
(Rev. 08/96)
505.50 Duration of Re-Employment Rights: The name of any person granted reemployment privileges, with the exception of a person laid off who shall have reemployment rights as specified in Rules 1380 and 1455 respectively, shall
continue on the appropriate re-employment list for a period of one (1) year after it
is placed thereon, provided that such person may be continued on the list for an
additional year if application for extension of eligibility is made before the
expiration of the original period of eligibility. The name of any eligible on a reemployment list shall be automatically removed from said list at the expiration of
the period of eligibility. (Rev. 08/96)
40
Rule 500 ELIGIBLE LISTS
505.60 Removal of Names from Re-Employment Lists: The Commission may remove the
names of any eligible from a re-employment list for any reason listed in these
rules, or the name of any re-employment eligible may be removed from the list if
five (5) certifications of his/her name have failed to result in his or her selection
and appointment. (Rev. 08/96)
506.00 PROMOTIONAL LISTS
The names of competitors who are successful in promotional examinations as
provided in Rule 900 shall be placed on the promotional eligible list for the class of
position for which said examination is held, in the order of their examination ratings,
and said list shall take precedence over the general re-employment list and the
general eligible list. (Rev. 08/96)
507.00 SEASONAL LISTS
Employees who have been regularly appointed to seasonal work and have served
satisfactorily in a position recurring seasonally in a given department and who have
been recommended by the appointing authority for inclusion on such list shall be
placed upon seasonal lists for work. Said names shall be placed on said list in the
relative order of the original examination ratings of the eligible. In filling a seasonal
position in a given department, persons whose names appear on the list for that
department shall be preferred to those on the general eligible list. (Rev. 08/96)
508.00 INACTIVE LIST
The name of an eligible who is not available for immediate certification may, upon
written request, be placed on an inactive list and may be restored to the active list
from which removed upon request of such eligible provided said list is still in
existence. (Rev. 08/96)
509.00 SUBDIVISION OF LISTS
When duties of the positions or efficiency of recruiting require, eligible lists may be
subdivided or separate eligible lists established for the various departments,
subdivisions of departments, institutions, or sections of the County. All such
separations or subdivisions shall be by order of the Director and shall be in the
public notice of the examination or by order of the Commission recorded in the
Minutes of the Meeting. (Rev. 08/96)
510.00 REMOVAL OF NAMES FROM ELIGIBLE LISTS
The name of an eligible may be removed from an eligible list or withheld from
certification to a specific department or group of departments for any of the following
reasons: (Rev. 08/96)
510.01 For any cause as set forth in Rule 307.00; (Rev. 08/96)
510.02 On evidence that the eligible cannot be located by the postal authorities or
contacted through a valid electronic mail account; (Rev. 03/14)
41
Rule 500 ELIGIBLE LISTS
510.03 On receipt of a statement from the eligible declining an appointment and stating
that he no longer desires consideration for a position with the County; (Rev. 08/96)
510.04 If three (3) offers of a permanent appointment to the class for which the eligible list
was established have been declined by the eligible; (Rev. 08/96)
510.05 For failure to respond within stipulated time after notice of certification, without
suitable explanation; (Rev. 08/96)
510.06 If certified three (3) times for permanent appointment which has failed to result in
selection, and appointments in each case were made below the eligible's name,
provided, however, that the appointing authority states in writing to the
Commission the reason for the recommendation and further that the Commission
concurs with such recommendation. (Rev. 08/96)
510.07 If five (5) certifications for permanent appointment from an employment list in the
clerical series, including certifications to three (3) different departments have failed
to result in selection and appointment. (Rev. 08/96)
510.08 Upon acceptance by an eligible of a regular appointment from such list. (Rev.
08/96)
510.10 Upon receipt of a request from an eligible that his/her name be withheld from
certification or removed from the eligible list. (Rev. 08/96)
510.11 If previously separated from County service during his/her probationary period.
(Rev. 08/96)
510.15 The name of an eligible on the promotional list shall be considered to be on an
open eligible list instead of a promotional list if such eligible is separated from the
classified service. Unless such separation is by layoff due to lack of work or
funds, re-employment in the classified service shall not restore the name of the
eligible to the promotional list. (Rev. 08/96)
510.20 If an employee whose name is on a seasonal list fails to work for two seasons,
his/her name shall be removed from the list and he/she shall have no further
standing in such class of position. Notice of removal and the reasons therefore
shall be mailed to the eligible at his/her last known mailing address. (Rev. 08/96)
510.30 Any person who fails, or fails to appear for without good cause, a test subsequent
to the eligible list being promulgated shall be removed from the eligible list,
provided such test was included in the examination process announced on the
appropriate job bulletin. (Rev. 08/96)
42
Rule 600 REQUISITION, CERTIFICATION, AND APPOINTMENT
601.00 REQUEST FOR CERTIFICATION
Whenever any appointing authority learns that a vacancy in the classified service
has occurred or is about to occur in the department, he/she may notify and make
requisition to the Commission for certification of eligibles for the vacant position.
Such requisition shall be upon the form prescribed by the Commission and shall
state the department, board, or institution in which the vacancy exists and shall
specify the class title, schedule and item numbers, date when employment will
begin, duration of employment, and may, subject to the approval of the Director,
specify special qualifications of the eligible when a bona fide occupational need
exists.
601.10 The appointing authority shall make a request for certification as long in advance
of the known or prospective date of appointment as possible.
601.20 A provisional appointment in a position in the classified service shall be deemed
to be a continuing request for certification of eligibles for permanent
appointment, and, immediately following establishment of an appropriate eligible
list, the Director shall certify eligibles to such position without further request
from the appointing authority.
602.00 CERTIFICATION OF NAMES
Upon receipt of an appointing authority's request for certification, or as soon as
practicable thereafter, the Director shall certify to the appointing authority the names
and addresses of the persons entitled to certification, in accordance with these rules
and provisions contained therein.
602.10 Order of Certification from Eligible Lists
602.10.10 The name of the person ranked highest on the Department Layoff ReEmployment List for the classification. (Rev. 06/93)
602.10.20 Except in the case of a departmental promotion as specified in Rule
602.10.50, the names of all persons on the Alternate Work Eligibility list
shall be certified. (Rev. 08/96)
602.10.30 The names of the three (3) persons ranked highest on the County Layoff
Re-Employment List for the classification. (Rev. 11/14)

602.10.31 Notwithstanding 602.10.30, the Civil Service Commission may approve a
department head's request for a promotional certification in order to avoid
displacement of departmental employees resulting from an organizational
change approved by the Board of Supervisors. (Rev. 08/96)
602.10.40 The names of the three (3) persons ranked highest on the general reemployment list for the classification who have previously been employed
in the department making the request. (Rev. 08/96)
43
Rule 600 REQUISITION, CERTIFICATION, AND APPOINTMENT
602.10.50 The three (3) persons ranked highest on the Department promotional list
for the classification who are presently employed in the department making
the request shall be certified. (Rev. 08/96)
602.10.60 The three (3) persons ranked highest on the County-wide promotional list
for the classification who are presently employed in the department making
the request shall be certified. (Rev. 08/96)
602.10.61 Notwithstanding Civil Service Rule 602.10.50 above, in the absence of a
department promotional list, the Director of Personnel may approve a
department head's request to certify the top three (3) names ranked
highest on the County-wide promotional list. (Rev. 08/96)
602.10.70 The three (3) persons ranked highest on the County-wide promotional list
shall be certified. (Rev. 08/96)
602.10.80 If no one, as specified in the foregoing paragraphs, is available, then the
names of the seven (7) persons ranked highest on the general reemployment list for the classification shall be certified. (Rev. 09/2012)
602.10.90 If no one is available as above specified, then the names of the seven (7)
persons ranked highest on the general eligible list for the classification
shall be certified. (Rev. 09/2012)
602.20 Number to be Certified: Except as otherwise provided by these Rules and if there
are no names on the Alternate Work Eligibility List, a minimum of seven (7) names
shall be certified for each request for certification. In the event that tie scores, as
defined in Civil Service Rule 501.00, exist within the highest seven (7) persons on
the eligible list, all persons with the same tie score shall be certified to the
vacancy. The certifications shall designate which eligibles, if any, have the
scores, and the appointing authority may select any of the eligibles so certified to
fill the vacancy. (Rev. 09/2012)
602.21 If more than one vacancy is to be filled in any class in a department at the same
time, the number of names certified to the appointing authority for appointment
shall be equal to seven (7) for the first vacancy plus two (2) for each additional
vacancy, or more if tie scores are involved. Such certification shall constitute a
complete certification. (Rev. 01/2014)
602.22 If more than one vacancy is to be filled in any class, the appointing authority shall
fill the first vacancy by selecting one of the seven (7) highest eligibles so certified,
or more if tie scores are involved. Each succeeding vacancy shall be filled
selecting from the remaining names and the additional two (2) names certified for
that vacancy (Example: nine names certified for two vacancies, eleven names
certified for three vacancies). (Revised 01/2014)
602.23 Whenever an eligible waives an appointment or fails to respond to certification
within the prescribed time, the next highest eligible or eligibles on the list shall be
certified if requested by the appointing authority and if needed to constitute
certification of at least the minimum number of names for consideration to fill the
vacancy.
44
Rule 600 REQUISITION, CERTIFICATION, AND APPOINTMENT
602.24 In case there are less than seven (7) names on an eligible list, the number thereon
shall be certified for appointment, but the appointing authority may demand
certification of seven (7) names, whereupon examinations shall be conducted until
at least seven (7) names can be certified. (Rev. 09/2012)
602.25 When no eligible list for the class of position exists or when the eligible list has
become exhausted and until a new list can be created, certification may be made
from the eligible list most nearly appropriate to the position to be filled.
602.26 At the option and request of the appointing authority, when no eligible list for the
class of position exists, certification of eligibles may be made from an expired
eligible list for the class of position in which the vacancy exists provided one (1)
year has not elapsed since the list has expired.
602.30 Promotional Certification: An eligible with permanent status in the classified
service who has been placed on an existing open list may be certified to the
department in which he or she is currently employed. For this to occur, there must
be no promotional list for the same classification and the department must make
written request that a similar position be filled promotionally. Names are certified
in such manner as if they were on a promotional list for the classification to be
filled.
602.50 Failure to Respond: A failure to respond to the notice of certification within five (5)
business days from date of electronic transmission or mailing shall be deemed to
be a refusal of appointment to the position to which the eligible is being certified.
(Rev. 03/14)
603.00 CERTIFICATION OF ELIGIBLE WITH SPECIAL QUALIFICATIONS
In case a position to be filled requires a person of a particular sex or with residence
in a certain locality or with willingness and ability to work certain unusual hours or
with some other special qualifications and upon written request of the appointing
authority, the Director may authorize the certification of only such eligibles who
possess such qualifications.
603.10 The Director may, at the request of the appointing authority, certify only those
eligibles who have successfully completed an approved work-experience training
program, which has been approved by the Director.
604.00 AUTHORIZATION FOR PROVISIONAL APPOINTMENT
When an appointing authority makes a request for certification to fill a position in the
class for which no eligible list is available or in case no eligible or insufficient
eligibles to complete the certification will accept appointment to the position, the
Director may authorize the appointing authority to appoint any person who
possesses the minimum qualifications for the class as set forth in the class
specifications, provided that said person files with the Commission on the
prescribed form an application showing the minimum requirements have been
satisfied for the class of position for which provisional appointment is requested.
45
Rule 600 REQUISITION, CERTIFICATION, AND APPOINTMENT
604.10 Whenever the Director has authorized a provisional appointment, he shall, within
six (6) months from the date of such appointment, schedule an examination to
establish an eligible list for the class of position for which the provisional
appointment was authorized.
605.00 NOTICE OF CERTIFICATION
Notice of Certification shall be given by the Director to each person whose name is
certified, by sending to his/her electronic mail or postal address, as it appears on the
records of the Commission, a written notice setting forth the title, entrance salary,
compensation schedule applying to the class, location of the position, the
organization unit, and the name and address of the appointing authority. Such
notice shall state that unless the eligible reports to the appointing authority for an
interview within three (3) days after receipt of such notice, he or she will be
considered as having declined the position and that unless the Director is notified
within such period that appointment is not desired, giving satisfactory reasons
therefore, his or her name may be removed from the eligible list. (Rev. 03/14)
606.00 CERTIFICATION TO POSITION OF LOWER CLASS
Whenever a request for certification is made to fill a position in a class for which
there is no eligible list, an eligible may be certified to a position in a class lower than
that for which examined, provided such position is determined by the Director to
have similar duties and responsibilities. The acceptance of such a position shall not
affect his right to be certified to a position in the class for which originally examined.
607.00 WAIVER
An eligible may waive appointment after certification by filing with the Commission a
written statement of reasons therefore, which reasons must be satisfactory to the
Director. But, after three (3) such waivers of appointment to positions in any given
class, the eligible's name shall be removed from the eligible list for that class. The
eligible's name may also be removed from the active list when the reasons for
waiving appointment are not satisfactory to the Director.
608.00 OBJECTION AND SUBSTITUTION
In case objection is made by the appointing authority to any of the persons certified,
reasons must be stated specifically in writing and subject to the approval of the
Commission. Any cause contained in Rule 307.00 shall be deemed sufficient
reason for objection, but the Commission may approve objection for good cause
shown.
608.05 When an appointing authority objects to the certification of a person or persons
certified and files a written report of the reasons therefore in accordance with Rule
608.00, the Director shall notify in writing the person(s) so named. Such
notification shall include information regarding the time and date when the
Commission will meet and consider the matter, as well as a copy of the objections
provided by the appointing authority. (Rev. 12/86)
46
Rule 600 REQUISITION, CERTIFICATION, AND APPOINTMENT
608.06 Persons shall be notified that they are being removed from an eligible list or
withheld from certification and may personally appear before the Civil Service
Commission on the date/time scheduled to rebut or explain circumstances related
to the objection(s). (Rev. 12/86)
608.10 If, the objection is sustained by the Commission, the next highest name on the
eligible list shall be certified and notice of withdrawal of certification shall be sent
to the person against whom the objection was sustained.
608.20 Eligible having a temporary disability for 30 days or more which would render
them unfit to perform the duties of the position to which they have been certified
shall be withheld from certification and the next highest name on the eligible list
shall be certified. The eligible withdrawn from certification due to temporary
disability shall remain on the eligible list in an inactive status and shall be restored
to active status when the condition affecting the temporary disability has been
resolved.
609.00 APPOINTMENTS
609.10 Upon receipt of certification of eligible, the appointing authority shall proceed with
any job-related interview and investigation deemed necessary. The appointing
authority shall be permitted to examine applications and pertinent job-related
investigations of the eligible certified. Upon selection, the appointing authority
shall notify all eligible of the decision and shall make arrangements with the
appointee to begin work.
609.20 No eligible certified for employment or employee shall in any way be favored or
discriminated against because of political opinion or affiliations nor shall any
inquiry be made concerning such opinions or affiliations, and all voluntary
disclosures thereof shall be ignored.
609.30 No person in the classified service or seeking admission thereto shall be
appointed, reduced, or removed, or in any way favored or discriminated against
because of his religion, creed, national origin, ancestry, disability, sex, or age,
except where sex or age is a valid occupational qualification.
609.40 No appointment will be deemed complete until all eligible certified are interviewed
and their relative qualifications considered.
609.50 At the discretion of the appointing authority, an incumbent employee prior to
vacating their position may train a replacement employee, for a period not to
exceed sixty (60) calendar days. The replacement employee must be certified
from an eligible list or transfer from another County department. Both the
incumbent and the replacement employee shall receive credit for vacation, sick
leave, and all other benefits, and service shall be considered as continuous. (Rev.
09/06)
47
Rule 600 REQUISITION, CERTIFICATION, AND APPOINTMENT
610.00 APPOINTMENT ON AUTHORIZATION FOR PROVISIONAL APPOINTMENT
Whenever the Director has authorized a provisional appointment to a position as
provided in 604.00 of these Rules, the appointing authority may select any person
who meets the minimum qualifications for the class, provided that in such case such
person has not previously been qualified, the appointing authority shall ascertain
that the person has filed an application in the office of the Commission and
possesses the required qualifications.
611.00 APPOINTMENTS IN EMERGENCIES OR ELECTIONS ADMINISTERED BY THE
COUNTY CLERK
In emergency situations, which are hereby defined as situations where there is a
threatened interruption of essential county services and immediate action is
necessary, or when elections are administered by the County Clerk, the appointing
authority may appoint a person or persons without reference to eligible lists for a
period not to exceed fifteen (15) calendar days, provided that each such
appointment shall be reported in writing to the Commission stating specifically the
situation that exists.
612.00 PERMANENT APPOINTMENTS
Any appointment to a permanent position in the classified service, other than a
temporary appointment resulting from an authorized leave of absence without pay,
upon certification from an eligible list shall be a permanent appointment subject to a
probation period as provided in these rules.
613.00 TEMPORARY APPOINTMENTS
613.10 Temporary appointments to permanent positions are required when the incumbent
is on an authorized leave of absence without pay, exclusive of those
educational/personal enrichment leaves provided under Civil Service Rule
1202.40. (Rev.11/94)
613.10.10 Temporary appointments may be made to positions vacated by
incumbents on authorized educational/personal enrichment leaves,
pursuant to Civil Service Rule 1202.40, at the discretion of the department
head. (Rev.11/94)
613.10.20 The department head shall appoint an employee serving a temporary
appointment to the next available permanent position in the classification.
(Rev. 06/03)
613.10.30 Permanent employees who accept a promotional temporary appointment
shall revert to their previous position without loss of County seniority in the
event:
a) incumbent returns from leave;
b) position being occupied on a temporary basis is deleted;
c) performance by temporary employee is below “Standard” within
the first six (6) months of the employee’s temporary appointment.
(Rev. 06/03)
48
Rule 600 REQUISITION, CERTIFICATION, AND APPOINTMENT
613.20 Temporary appointments to permanent positions are required at the Trainee level
in a flexible classification series that accommodate a structured training program
approved by the Civil Service Commission, such as, Firefighter Recruit, Deputy
Sheriff Trainee, Human Services Technician I. Department Heads may request
the creation of temporary trainee classifications. Such requests must be
submitted to the Personnel Director and justified based on the professional,
technical, managerial or supervisorial nature of the classification. The
Personnel Director will maintain a list of such approved classifications.
(Rev. 05/11)
613.20.10 Upon successful completion of the training program, an employee who
does not have permanent status in the classified service, shall be
promoted to the probationary level in the flexible classification series (Rev.
06/03);
613.20.20 An employee with permanent status in the classified service, who
promotes or demotes to the trainee level in the flexible classification series
and fails the training program, shall be restored to the position from which
he or she last held permanent status (Rev. 06/03);
613.20.30 An employee with permanent status in the classified service, who
promotes to the trainee level in the flexible classification series and
subsequently promotes to the probationary level in the series shall be
subject to Civil Service Rule 704.10 (promotional probationary). (Rev.
06/03);
613.20.40 An employee with permanent status in the classified service, who demotes
to the trainee level in the flexible classification series and subsequently
promotes to the probationary level in the series shall be subject to Civil
Service Rule 704.10 (promotional probationer). (Rev. 06/03);
613.20.50 An employee with permanent status in the classified service, who demotes
to the trainee level in the flexible classification series and subsequently
advances to the next level in the series, which is also a demotion from the
classification position in which they last held permanent status, shall not
serve a probationary period.
(Rev. 06/03)
613.30 Temporary appointments as defined in Rules 613.10 and 613.20 shall be made
upon certification from a regular eligible list, pursuant to certification procedures
defined in Civil Service Rule 602.10. (Rev.11/94)
613.40 The acceptance or refusal to accept a temporary appointment shall not be a bar to
a permanent appointment. (Rev.11/94)
613.50 Individuals appointed to positions allocated by the Board of Supervisors as nonCivil Service temporary need not be certified from an eligible list. (Rev.11/94)
49
Rule 600 REQUISITION, CERTIFICATION, AND APPOINTMENT
614.00 PROVISIONAL APPOINTMENTS
Any appointment of a person to a permanent position in the classified service, upon
an authorization to make a provisional appointment in the absence of an appropriate
eligible list, shall be a provisional appointment. (Rev. 08/96)
614.10.10 Maximum Duration: In no case shall a permanent position be filled by a
provisional appointment for a period longer than one (1) calendar year or
30 calendar days after certification of eligible, whichever occurs first. (Rev.
08/96)
614.10.20 Termination After Certification: A provisional appointment to a permanent
position shall be terminated within 30 calendar days after the date of
certification by the Commission of eligible from an appropriate eligible list.
In the event the department fails to remove the provisional appointee in
accordance with this rule, the Director shall terminate the provisional
appointment, following a ten (10) day notice to the Department Head and
the Board of Supervisors of the intent to do so. (Rev. 08/96)
614.10.30 Provisional Promotion of a Permanent Employee
An employee with permanent status in the classified service who accepts a
provisional appointment to a classified position with a higher salary range
shall have the right to return to the position which that employee held
immediately prior to the provisional appointment.
(Rev. 08/96)
615.00 LIMITED TERM APPOINTMENTS
Any appointment of extra help to a limited term position shall not exceed
nine (9) calendar months, whether upon certification from an eligible list or
upon authorization to appoint any person, who meets the minimum
qualifications of the class, shall be a limited term appointment. During the
term of the appointment, an extra-help employee may move from an extrahelp assignment to another extra-help assignment, including assignments in
different departments, provided that the length of the term of appointment
does not exceed nine (9) months and the employment is continuous. (Rev.
02/09/09)
615.10 There shall be no such reappointment within any department for sixty (60) days
following termination. The acceptance or refusal to accept appointment to a
limited term appointment position on the part of an eligible shall in no way interfere
with his right to certification to a permanent position in the classified service. (Rev.
07/03)
615.20 There shall be no provisional appointment to any position in the classified service
for sixty (60) days following termination from extra-help employment. (Rev.07/03)
50
Rule 600 REQUISITION, CERTIFICATION, AND APPOINTMENT
616.00 REPORTS OF APPOINTMENTS
All appointments to positions in the classified service whether permanent,
provisional, limited term, temporary, or emergency, shall be promptly reported by
the appointing authority to the Commission on forms prescribed by the Commission
and signed by the appointing authority.
618.00 CANCELLATION OF REQUISITION
The appointing authority may request cancellation of a requisition providing,
however, that the reasons for the request are stated in writing and satisfactory to the
Director. The requisition shall be canceled and any eligible certified shall be notified
in writing. (Rev.06/93)
51
Rule 700 PROBATION PERIOD
701.00 PURPOSE OF PROBATION
The probation period shall be the final phase of the examination or transfer process
and shall be used by the appointing authority for the effective adjustment of the new
or transferred employee and for the elimination of any probationary employee
whose work does not meet the required standards of performance.
702.00 DURATION AND STATUS OF PROBATION
All appointments from officially promulgated eligible lists for original entrance or
promotion shall be subject to a probationary period of six or twelve months as may
be determined by the Commission for each classification. In addition, employees
certified from the Alternate Work Eligibility List, subject to Civil Service Rule 504,
shall be subject to a probationary period of six or twelve months as may be
determined by the Commission for each classification.
702.10 Notwithstanding any other provisions to the contrary, the probationary period for
entry-level Deputy Sheriff, Sheriff’s Detention Deputy, Sheriff's Dispatcher or
Sheriff’s Dispatcher Assistant depending on the entry level initially appointed, Fire
Fighter, Park Ranger, Deputy Coroner, Deputy Probation Officer, and Juvenile
Corrections Officer I – Probation Department shall be twelve months.
702.11 Notwithstanding any other provisions to the contrary, the probationary period for
transferees (as defined in Rule 1001.00) shall be 60 days.
702.20 Time included: The probationary period shall date from the time of appointment to
a permanent position after certification from an eligible list or from the effective
date of transfer to a new position in a different department.
702.21 It shall not include time served as a provisional, temporary, or emergency
appointee.
702.22 The probationary period shall be extended by one day for each day a probationer
is absent due to an approved leave without pay or an approved leave of absence
for jury or military duty or on an approved leave under the provisions of Labor
Code Section 4850.
703.00 CONDITIONS PRELIMINARY TO PERMANENT APPOINTMENT
The permanent appointment of a probationary employee shall begin on the day
following the end of the probationary period.
703.10 The appointment authority shall file with the Commission a performance
evaluation report showing that the services of the employee during the
probationary period have been satisfactory and that the employee is
recommended for permanent appointment.
703.20 The appointing authority shall return said performance evaluation report to the
office of the Commission at least two weeks prior to the end of the probationary
period. Failure or refusal by the appointing authority to return said performance
evaluation report prior to the completion of the probationary period shall not
negate permanent appointment nor extend the probationary period.
52
Rule 700 PROBATION PERIOD
703.30 In the absence of a performance evaluation report recommending permanent
status, the Human Resources Division shall confirm permanent appointment on
the day following completion of the probationary period and shall immediately
make such investigation as deemed necessary to determine the reason for the
appointing authority's failure or refusal to file said performance evaluation report.
Willful refusal or failure to file such report by the appointing authority shall be
reported to the Civil Service Commission at its next regular meeting.
704.00 SEPARATION OF PROBATIONER
A probationary employee may be separated from the service at any time during the
probationary period without right of appeal or hearing. In case of such separation,
the appointing authority shall submit, in writing to the Commission, a statement of
the reasons for such dismissal.
704.10 Restoration of Promotional Probationer: Notwithstanding any other provisions of
this Rule, a permanent employee who is rejected during his or her probationary
period from a position in the classified service to which he/she had been promoted
shall be restored to the position from which he or she last held permanent status.
704.20 Termination of Transferred Probationer: Notwithstanding any other provisions of
this Rule, a transferred employee as defined in Rule 1001.00, rejected during the
probationary period from a position in the classified service or who desires to
return to his/her former position prior to the probationary period expiring, shall
have the right to revert to his/her former position. The Commission shall have
final authority in determining whether the employee shall revert to his or her
former position.
704.30 Rejected Probationary Employee: If a rejected probationary employee feels that
the termination by the appointing authority is based upon discrimination because
of race, religion, color, national origin, sex (including pregnancy, childbirth, and
related medical conditions), age (40 and older), citizenship status, genetic
information, AIDS/HIV, disability (physical or mental), or political activities or
affiliations, the employee shall have the right to appeal the decision in accordance
with Rule 1810, provided the employee appeals the decision to the Equal
Employment Opportunity Officer (EEO Officer) within five working days of the date
of termination. The EEO Officer shall transmit the appeal to the Equal
Employment Opportunity Division for processing under Rule 1800.
704.40 Reinstatement of Probationer to an Eligible List: In the event a promotional
probationer fails probation and displaces a new probationer or a new probationer
is displaced through layoff, the department head may request, in writing, that the
new probationer be reinstated onto the eligible list from which certified. Placement
on the list is dependent upon the approval by the Director of Personnel. If
approved, the displaced employee shall be placed on the eligible list based on
their final earned score and remaining duration of their eligibility, per the qualifying
examination. 
53
Rule 800 PERFORMANCE EVALUATION REPORTS – DELETED BY
ORDER OF CIVIL SERVICE COMMISSION ON 12/14/15 (See Kern County Administrative
Policy and Procedures Manual Section 135).
54
Rule 900 PROMOTION
901.00 PROMOTION BASED ON EXAMINATION
901.10 Promotion in the classified service shall be based on competitive examination and
shall include an appraisal of the qualifications of employees as shown by their
performance evaluation reports.
901.20 Candidates who attain the required standard in a promotional examination shall
have their names placed on an eligible list and appointments made there from
shall be made in the same manner as original appointments. Whenever
practicable, vacancies shall be filled by promotion.
901.30 The rules governing promotional examinations shall be the same as those
governing original entrance examinations except as herein provided.
902.00 TYPES OF PROMOTIONAL EXAMINATIONS
Examinations for the creation of eligible lists for promotional positions in the
classified service shall be ordered as often as may be necessary to meet or
anticipate the needs for such lists. Such examinations shall be known as:
902.10 Departmental Promotional: Limited to eligible employees in the department in
which the promotional position exists.
902.20 Interdepartmental Promotional: Open to eligible employees in the classified
service.
903.00 ELIGIBILITY FOR PROMOTIONAL EXAMINATIONS
In order to qualify for promotional standing in any examination called on a
promotional basis, a person must have permanent status in a class of the classified
service and must possess at least an overall standard rating on his or her most
recent performance evaluation report. In addition, the person must possess the
minimum qualifications of the class.
903.10 Applicants will be admitted to promotional examinations only if the requirements
enumerated in 903.00 are met on or before the final date for filing applications for
promotional examinations.
903.20 In case a person who has qualified on a promotional eligible list is separated from
the classified service, except by layoff, their name shall be removed from the
promotional list. If the separation has been through resignation in good standing,
their name shall be placed on the open list for the class in the position in which
their score would have entitled them, upon the employee's request.
903.30 Notwithstanding any provisions to the contrary, employees who are filling positions
temporarily as a result of a military leave of absence, may compete upon
recommendation of the appointing authority on promotional examinations provided
they meet the minimum qualifications and have served in the temporary position at
least six months with at least an overall satisfactory evaluation report.
55
Rule 900 PROMOTION
904.00 PROMOTION IN CLASSIFICATIONS WHERE FLEXIBLE POSITION
ALLOCATIONS EXIST
Wherever in the classified service there exists a series of classifications wherein the
number of positions allocated to the series of classifications may be interchanged
among levels and the first level is considered the entrance or trainee level, the
appointing authority in whose department the series exists may recommend the
promotion of an employee, without further tests, to a level higher than the employee
currently occupies when the employee meets the minimum qualifications for the
higher level. At the time of the promotion, the appointing authority shall certify that
the employee has been satisfactory in all respects on the job and that promotion to
the higher level of classification is recommended.
904.10 Employees must pass an additional probationary period for each subsequent
promotion in a flexible series.
905.00 DEMOTION DEFINED
A demotion is a personnel transaction that involves the change of an employee
who has permanent status in the classified service from one class position to
another class position having lesser duties and responsibilities, lower
qualifications, and a lower range of compensation.
905.10 The employee must hold permanent status with the county and shall demote
with permanent status.
905.20 The employee shall not serve a probationary period.
905.30 The employee shall not have the right to revert back to the previously held
position.
905.40 The employee shall not have the right to be placed on a re- employment list
for the previously held classification.
906.00 VOLUNTARY DEMOTION DEFINED
A voluntary demotion is a transfer initiated by the incumbent that involves the
change of an employee who has permanent status in the classified service from
one class position to another class position having lesser duties and
responsibilities, lower qualifications, and a lower range of compensation.
906.10 The employee must hold permanent status with the county.
906.20 The employee shall serve a 60 day probationary period during which either
the employee or the department may choose to revert to the previously held
position per Rule 702.11.
906.30 The employee shall have the right to revert back to the previously held
position during the 60 day probationary period.
906.40 The employee shall have the right to be placed on a re-employment list (as
defined by Rule 505.10) for the previously held classification.
56
Rule 1000 TRANSFERS
1001.00 TRANSFER DEFINED
A transfer is a personnel transaction as defined generally in Rule 100 of these rules.
Notwithstanding, the Chief Human Resources Officer may authorize a transfer
between positions not in the same class or in the same salary allocations (i.e.,
voluntary demotions) where the two classes have similar minimum qualifications.
1002.00 REQUIREMENTS FOR TRANSFER REQUEST
The following conditions are required in order to qualify for transfer request:
1002.10 The position shall be in the same class or if in different classes, shall have been
determined by the Chief Human Resources Officer to be appropriate for transfer
on the basis of minimum qualifications and salary grade.
1002.20 The employee shall have permanent status in the classified service, and in the
classification which he/she holds.
1002.30 The employee’s acknowledgment of the transfer shall be indicated on the form
or transaction required for the transfer.
1003.00 TRANSFER OF ELECTED OFFICIAL
Notwithstanding Rules 1001.00 and 1002.20, when the office of an elected official is
eliminated, either by action of the State Legislature or the Board, the incumbent
shall have the right to transfer to a permanent county position provided he/she
meets the minimum qualifications of the position to which he/she transfers.
1004.00 TRANSFERRED EMPLOYEES' PROBATIONARY PERIOD
All employees transferred between two departments shall be subject to the
probationary period set forth in Rule 702.11.
57
Rule 1100 VACATIONS – DELETED BY ORDER OF CIVIL SERVICE
COMMISSION ON 12/14/15 (See Kern County Administrative Policy and Procedures Manual).
58
Rule 1200 LEAVES OF ABSENCE
1201.00 MANDATORY LEAVES OF ABSENCE
1201.10 Notice of Leave: Any County employee requesting a leave of absence without
pay under Sections 1201.20, 1201.30, or voluntary leave under Section 1201.40
shall, when possible, give notice of that request to the appointing authority, in
writing, not less than 30 days prior to the date the leave is to commence. Such
notice shall be forthwith forwarded to the Director by the appointing authority. The
notice shall be submitted on a form prescribed by the Commission and shall
specify the leave to be taken, the reason or reasons therefore, and, to the extent
possible, the beginning and ending dates of the leave. (Rev. 8/92)
1201.20 Non-Job-Related Medical Leave:
The purpose of this Rule is to provide eligible employees with a leave of absence
in the case of a non-job related illness or disability. It is the intent that the leave
provided by this Rule shall implement all leaves for pregnancy disability mandated
by Government Code section 12945. (Rev. 07/2013)
1201.20.10 Eligible Employees
In order to qualify for a leave, an employee must:
a) Use all sick leave accruals prior to using any other form of accruals;
b) Provide the appointing authority with completed leave of absence paperwork
and a certification from a medical doctor of the necessity for the leave,
including the required anticipated duration of the leave. This certification may
provide verification that the employee will be medically able to return to work at
the expiration of the leave period. (07/2013)
1201.20.20 Amount of Leave
Eligible employees are entitled to up to six (6) months of non-job-related medical leave
in any twelve (12) month period, except as required by law. This leave entitlement shall
not be used intermittently in lieu of a reduced work schedule. (07/2013)
1201.20.30 Substitution of Paid Leave
The leave provided by this Rule may be taken in a paid status. Eligible employees shall
be entitled to concurrently use all accrued leave balances, other than sick leave, such
as vacation and compensatory time off in order to continue in a paid status. All other
leaves taken pursuant to this Rule will be deemed unpaid. (07/2013)
1201.20.40 Concurrent Leaves
To the maximum extent permitted by law, all leaves authorized by this Rule shall run
concurrently with leaves taken pursuant to Rule 1201.30 and shall count against the
twelve (12) week limitation contained in Rule 1201.30. (07/2013)
59
Rule 1200 LEAVES OF ABSENCE
1201.20.50 Return to Duty
Upon expiration of the approved leave and prior to returning to duty, the employee may
be required to obtain and present certification from a medical doctor that the employee
is able to resume work. The employee may also be required to pass a physical,
medical, and/or psychological examination designated by the County at its expense.
(07/2013)
1201.30 Mandated Family and Medical Leaves - (Employees and Family):
The purpose of this Rule is to implement leaves which are mandated by the Family
and Medical Leave Act of 1993 (“FMLA”) and the California Family Rights Act
“CFRA”).
Family and medical leaves of absence are available on an unpaid basis to eligible
employees. (Rev. 09/14/09)
1201.30.10 Eligible Employees
In order to qualify for a leave, an employee must:
a) Have been employed for at least twelve (12) months; and
b) Have worked at least 1,250 hours of service during the twelve (12) month period
immediately before the commencement of the leave.
In calculating the twelve (12) months of employment in subsection (a) above, service
prior to a seven year break in service does not count unless that break is caused by
the fulfillment of the employee’s National Guard or Reserve military obligation. In
addition, the time spent fulfilling National Guard or Reserve military service obligations
shall count towards the 1,250 hours of service requirement in subsection (b) above.
1201.30.20 Amount of Leave
Eligible employees are entitled to up to twelve (12) work weeks leave in a twelve (12)
month period except an employee is entitled up to twenty-six (26) work weeks to care for
a covered service member.
The twelve (12) month period used to measure the twelve (12) week entitlement will be
the rolling twelve (12) month period measured backward from the date the leave is used.
Under the rolling twelve (12) month period, each time an employee takes leave, the
remaining leave balance consists of the portion of the twelve (12) weeks that was not
used during the immediately preceding twelve (12) months.
The twenty-six (26) week entitlement is for a twelve (12) month period, which begins on
the first day an eligible employee takes leave to take care of a covered service member
and ends twelve (12) months after that date.
60
Rule 1200 LEAVES OF ABSENCE
1201.30.30 Reasons for Leave
Leave is only permitted - for the following reasons:
1. The birth of a child or to care for a newborn child of an employee;
2. The placement of a child with an employee in connection with the adoption
or foster care of a child;
3. Leave to care for spouse, child, parent or domestic partner who has a
serious health condition;
4. Leave because of a serious health condition of the eligible employee which
prevents the employee from performing the essential functions of his or her
position;
5. Leave for a “qualifying exigency” arising out of the fact that the spouse, son,
daughter or parent of the eligible employee is on active duty or called to
active duty status in the National Guard or Reserves in support of a
contingency operation. This “qualified exigency leave” is an entitlement
under the FMLA only, not the CFRA.
6. Leave to care for the spouse, son, daughter, parent or next of kin of a
covered service member of the United States Armed Services who has a
serious injury or illness incurred in the line of duty while on active military
duty shall be entitled to a total of twenty six (26) weeks of leave during a
twelve (12) month period to care for the service member but in no event shall
that leave, when combined with other qualifying FMLA leave, exceed twenty
six (26) weeks in a single twelve (12) month period.
1201.30.40 Both Spouses Employed by County
When both a husband and a wife are employed by the County, the amount of leave for
bonding (i.e., birth, adoption, or foster care placement) or to care for the employee’s
parent with a serious health condition is limited to an aggregate of twelve (12) work
weeks, between the spouses, in a twelve (12) month period.
In any case in which a husband and wife are both employed by the County, the aggregate
number of work weeks to which both may be entitled may be limited to twenty-six (26)
work weeks during any twelve (12) month period if leave is taken to care for a covered
service member.
1201.30.50 Substitution of Paid Leave
Employees shall exhaust all accrued sick leave to the maximum extent permitted, at the
commencement of the leave. Employees shall be entitled to use any other accrued leave
balances, concurrently with the leave given by this section. This Rule is not intended to
supersede the provisions of Kern County Administrative Procedures Manual Section 119,
which limits the amount of sick leave, which an employee may use for illness of members
of the employee’s immediate family. 
61
Rule 1200 LEAVES OF ABSENCE
1201. 30.60 Certifications
1. Serious Health Conditions
If an employee requests a leave due to a serious health condition of the
employee or a family member, the employee must support the request with
a legally sufficient certification issued by the health care provider of the
individual with the serious health condition. The County may request
subsequent recertification of medical conditions as permitted by law (Rev.
01/97).
2. Qualifying Military Exigency
The first time an employee requests leave because of a qualified exigency
arising out of the active duty or call to active duty by a covered military
member, the County may require the employee to provide a copy of the
covered military member’s active duty orders or other permitted
documentation.
3. Military Caregiver Leave
When an employee requests leave to care for a covered service member
with a serious injury or illness, an employer may require an employee to
obtain a certification completed by an authorized health provider of the
covered service member.
1201. 30.70 Fitness for Duty
As a condition of restoring an employee whose leave was occasioned by the employee’s
serious health condition that made the employee unable to perform the employee’s job,
the employee shall obtain and present certification from the employee’s health care
provider that the employee is able to resume work.
1201.30.80 Intermittent Leave or Leave on A Reduced Leave Schedule
If an employee requests leave intermittently or on a reduced leave schedule for the
employee’s serious health condition or to care for an immediate family member with a
serious health condition, the employee must provide medical certification that such leave
is medically necessary. “Medically necessary” means that there must be a medical need
for the leave and that the leave can best be accomplished through an intermittent or
reduced leave schedule. Employees needing such intermittent or reduced leave
schedules must make a reasonable effort to schedule such leaves so as not to disrupt
the employee’s department’s operations.
1201.30.90 Minimum Duration for Bonding Leaves
Leave taken for reason of the birth, adoption or foster care placement of a child of the
employee does not have to be taken in one continuous period of time. Any such leave
taken shall be concluded within one year of the birth or placement of the child. The
basic minimum duration of the leave shall be two weeks, however, the County shall
grant a request for such leaves for less than two weeks’ duration on two occasions. 
62
Rule 1200 LEAVES OF ABSENCE
1201.30.100 Concurrent Leaves
To the maximum extent permitted by law, any leave taken by an employee under this or
any other Rule or authority shall be credited against the twelve (12) week limit contained
in this Rule. The leave provided by this Rule shall run concurrently with all other leaves,
which apply to the employee’s absence to the maximum extent permitted by law.
1201.40 Temporary Military Leave Pursuant to California Military and Veterans Code
sections 395 and 395.01, any County employee who is a member of the reserve
corps of the Armed Forces of the United States or of the National Guard or the
Naval Militia, is entitled to a temporary military leave of absence while engaged in
military duty ordered for the purposes of active military training, inactive duty
training, encampment, naval cruises, special exercises or like activity, provided that
the period of ordered duty does not exceed 190 calendar days, including time
involved in going to and returning from that duty; and, provided a copy of the military
orders accompany the request for military leave.
Any employee who has been in the service of the County for at least one year,
immediately prior to the date upon which a temporary military leave of absence
begins, shall, to the extent required by law, be entitled to receive his/her salary for
the first 30 calendar days of such leave and, shall accrue the same vacation, sick
leave and holiday privileges and the same rights and privileges to promotion,
continuance in office, employment, reappointment to office, or re-employment that
the employee would have enjoyed had he/she not been absent there from; however,
any uncompleted probationary period must be completed upon reinstatement. (for
purposes of this section, in determining the one year of service with the County, all
service of the public employee in the recognized military service shall be counted as
County service). The employee’s seniority dates (i.e., County, Vacation and
Increment) will not be adjusted for the duration of the leave. The employee may
utilize vacation and compensatory time off accruals before beginning in a non-pay
status. Notwithstanding the above, an employee on temporary military leave for the
purpose of “inactive duty training” is not entitled to have any of his/her salary paid as
described above. (Rev. /01)
1201.40.10 Pursuant to California Military and Veterans Code section 395©, upon
expiration of any temporary military leave of absence, an employee has a
right to be restored to his/her former office or class position and status
formerly held by the employee in the same locality and in the same County
department. If the office or class position has been abolished or otherwise
has ceased to exist during the employee’s absence, he/she shall be
reinstated to a position of like seniority, status, and pay if a position exists or,
if no position exists, the employee shall have the same rights and privileges
that he/she would have had if he/she had occupied the class position when it
ceased to exist and had not taken a temporary military leave of absence.
(Rev. /01)
1201.45 Other Military Leaves Any County employee who volunteers for or is required to
serve as a member of any branch of the armed forces (including, but not limited
to, initial enlistment), shall be granted a military leave of absence without pay for
a period of one enlistment, not to exceed five (5) years’ duration, provided a
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Rule 1200 LEAVES OF ABSENCE
copy of the military orders accompany the request for military leave. The
employee’s seniority dates (i.e., County, Vacation and Increment) will not be
adjusted for the duration of the leave; however, the employee will not accrue
benefits, which are based on merit or hours worked (including, but not limited to
vacation and sick leave). Military leaves of absence are governed by both the
California Military and Veterans Code sections 389 et seq. and Title 38 of the
United States Code, sections 4301 et seq. (Rev. /01)
1201.45.10 Pursuant to title 38 of the United States Code, section 4312, an
employee returning from an approved military leave of absence shall be
entitled to return to his/her formerly held class position with the County,
without loss of standing, as described above, provided the returning
employee notifies the County of his/her intent to return to work in
accordance with the notice provisions listed below:
An employee who has been on military leave for less than thirty-one (31)
days must notify the County’s Personnel Department, in writing, of
his/her intent to return to work no later than the beginning of the first full
pay period on the first full calendar day following the completion of the
period of service and the expiration of eight hours after a period allowing
for the safe transportation of the employee from the place of service to
the employee’s residence; or, if through no fault of his/her own, the
employee cannot report as set forth above, he/she must do so as soon
as possible.
An employee who has been on military leave for more than thirty (30)
days, but less than 181 days will be retained on the County payroll in an
inactive status. The employee must notify the County’s Personnel
Department, in writing, of his/her intent to return to work no later than
fourteen (14) days after the completion of the service; or, if through no
fault of his/her own, the employee is unable to provide the written notice
in the manner described, then he/she must do so by the first full calendar
day possible.
An employee who has been on military leave for more than 180 days
must notify the County, in writing, of his/her intent to return to work no
later than ninety (90) days after completion of the service.
Notwithstanding the foregoing, the County may refuse to re-employ an
employee returning from military leave if: 1) The County’s circumstances
have changed so much as to make the re-employment impossible or
unreasonable; 2) The class position from which the person previously
held has been deleted and there are no similar or comparable positions;
3) Re-employment would cause undue hardship on the County; and/or 4)
The employment from which the person left was for a brief, non-recurrent
period and there was no reasonable expectation the job would continue
indefinitely or for any significant period. (Rev.11/01)
1201.50 Spousal Military Leave: As provided in Military and Veterans Code Section
395.10, a full-time employee who is the spouse of a qualified member of the
military, as defined in Military and Veterans Code Section 395.10(b)(4), shall be 
64
Rule 1200 LEAVES OF ABSENCE
entitled to ten days of unpaid leave while the qualified military member is
deployed during a period of military conflict.
1201.60 Leave for Compensable Disability: County employees shall have an automatic
leave of absence from employment during such period as the employee is
eligible to receive temporary disability compensation under the workers'
compensation laws of the State. Said leave shall automatically terminate when
the right to such compensation terminates, the employee is determined by the
Risk Management Division of the County Counsel's Office not to be eligible for
workers' compensation benefits, the employee has been released to return to
work by a doctor authorized by the Risk Management or a County doctor, or the
employee retires from County service, whichever occurs first.
Employees may use sick leave during the leave here provided for in accordance
with Ordinance Code Section 3.28.110. Employees determined not to be
eligible for Worker's Compensation benefits shall have all leave time taken
under this section converted to allowable leaves under Sections 1201.20, or
1202.20 of the Civil Service Rules, as applicable. (Rev. 01/97)
To the maximum extent permitted by law, all leaves authorized by this Rule shall
run concurrently with leaves taken pursuant to Rule 1201.30 and shall count
against the twelve (12) week limit contained in Rule 1201.30. (Rev. 01/97)
1201.60.10 Employees who are on a compensable disability leave of absence shall
submit a statement of their condition from their doctor to their appointing
authority as long as they remain on such leave of absence. (Rev. 8/92)
1201.60.20 Any employee who is granted a service-connected disability retirement
and who later is determined by the Retirement Board to be no longer
incapacitated and who desires to return to active County employment
and is re-employed shall be deemed to have been on an approved leave
of absence without pay for the period of time he/she received said
service-connected disability. (Rev. 8/92)
1201.70 Family School And Licensed Child Day Care Activity Leave: Any full-time or
part-time County employee who is a parent, guardian or grandparent with
custody of a child in grades Kindergarten through Twelve or attending a licensed
child day care facility, shall be entitled to, upon proper written request to the
appointing authority, a leave from work up to a maximum of forty (40) hours per
year, but no more than eight (8) hours in any calendar month, to participate in
the activities of the school or licensed child care facility of any of his or her
children. The employee shall use vacation, compensatory time-off or any other
paid leave allowances other than sick leave. If the employee has no paid leave
time accrued, leave without pay shall be taken. The employee shall, give notice
of that request in writing to the Department Head no less than three (3) working
days prior to the date of the scheduled school or day care activity. If both
parents work for the same department, the department head may limit the leave
to the parent initially making the request. If requested to do so by the
department head, the employee shall provide written verification of his or her
participation in the school or day care activity. (Rev. 02/98)
65
Rule 1200 LEAVES OF ABSENCE
1202.00 DISCRETIONARY LEAVES OF ABSENCE
1202.10 Request for Leave: Any County employee who occupies a regular classified
position may apply for the discretionary leaves provided for in this Rule.
Requests for any such leave without pay shall be made upon forms prescribed
by the Commission and shall state specifically the reason for the request, the
date when the employee desires the leave to commence, and the specific date
of return. The request shall be delivered to the appointing authority for written
recommendation that it be granted, modified, or denied, and both the request
and the recommendation shall be promptly transmitted to the Director by the
appointing authority. If the appointing authority recommends denial or
modification of the leave requested, the reasons therefore shall be
communicated to the Director in writing. No such request shall be denied or
modified without notice to the employee, who may appeal the denial or
modification to the Commission. (Rev. 8/92)
1202.20 Personal Necessity Leave: Any permanent full-time or permanent part-time
employee in the classified service may be granted, upon proper written request
and approval of the appointing authority and the Director, a leave of absence not
to exceed three (3) months for personal reasons. (Rev. 06/14)
Approval of such leave without pay under this section shall be conditioned on
findings that:
1202.20.10 The situation or condition necessitating leave is remedial within the
period requested. (Rev. 8/92)
1202.20.20 The situation or condition necessitating leave is not remedial by other
means. (Rev. 8/92)
1202.20.30 Refusal to authorize leave will result in personal hardship or suffering for
the employee or the employee's immediate family. (Rev. 8/92)
1202.20.40 The employee's absence will not substantially interfere with the business
of the affected department. (Rev. 8/92)
1202.20.50 The employee shall be entitled to use all of his/her accrued vacation
leave and compensatory time off concurrently with this leave of absence.
(Rev. 01/12)
1202.20.60 The employee has exhausted the leave provided for in Section 1201.20
or Section 1201.30, or both, or is otherwise not eligible for either of such
leaves. (Rev. 8/92)
1202.31.20 The position still exists and the employee is otherwise qualified for the
position. (Rev. 8/92)
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Rule 1200 LEAVES OF ABSENCE
1202.40 Educational/Personal Enrichment Leave: Any permanent full-time or permanent
part-time employee in the classified service may be granted, upon proper written
request and approval of the appointing authority and the Director, a leave of
absence without pay not to exceed one (1) year for educational or personal
enrichment purposes. The educational or personal enrichment leave may be
extended, upon the proper written request and approval, one (1) additional year.
(Rev. 01/93)
1202.41 An employee granted an educational/personal enrichment leave of absence
without pay shall, for two (2) years, retain the right to be appointed to the first
vacant position available in the approving department in the class of position
which he/she had previously occupied prior to the leave of absence. (Rev.
01/93)
1202.42 During the period of the educational/personal enrichment leave of absence, and
for a period of two (2) years following the completion of the leave, if the
employee is awaiting a vacancy in the department which approved the leave in
the class of position which he/she had previously occupied, the employee shall
be retained on the payroll in an inactive status. During this period, the employee
retains the same benefits as other employees on leave of absence for other
purposes under Rule 1202. If, after two (2) years following completion of the
educational/or personal enrichment leave of absence, a vacancy has not
become available to which the employee can be appointed, then payroll status
will be terminated. If such occurs, the employee shall automatically be placed
on the re-employment list for the class or classes in which the employee
previously held regular status. (Rev. 01/93)
1202.43 The employee is obligated to accept the first appointment offered following
completion of the education/personal enrichment leave. Failure to do so will
result in the forfeiture of all rights under this Rule. (Rev. 01/93)
1202.44 Rights under this Rule are conditioned on the employee:

1202.44.10 Using all vacation leave, holiday time, and compensatory time off to
his/her credit prior to the effective date of the leave of absence. (Rev.
8/92)
1202.44.20 If the employee fails to actively, continuously, and successfully pursue an
educational/personal enrichment goal, the leave of absence shall be
immediately canceled, and the employee will lose the right to return to a
position within the classified service. (Rev. 01/93)
1202.44.30 Upon return from such leave of absence to a position within the classified
service, an employee shall be entitled to, and have reinstated to his/her
credit, all sick leave accumulated by him/her at the time of the granting of
the leave of absence. The employee shall also retain the vacation
accrual rate enjoyed prior to the leave of absence. The employee shall
also have his/her seniority date restored, minus the length of time he/she
was on the leave of absence. (Rev. 8/92)
67
Rule 1200 LEAVES OF ABSENCE
1203.00 DURATION/EXTENSION OF LEAVES
Leaves of absence may be approved for the maximum period of time as specified in
these Rules based upon the reason for the request. If the original leave of absence
is not for the maximum duration allowed and the employee desires an extension of
the original leave of absence, the employee must request said extension on the
leave of absence form and return the completed form to the appointing authority ten
(10) days prior to the expiration of the original leave. The appointing authority, with
approval of the Director, may extend such leaves only to the maximum time periods
specified herein. (Rev. 06/14)
1204.00 RETURN BEFORE EXPIRATION
Whenever an employee who has taken a leave desires to return before expiration of
such leave, the employee shall so notify the appointing authority in writing at leave
five (5) calendar days in advance of the return. The Director shall be notified
promptly of the employee's return. (Rev. 06/14)
1205.00 LEAVES OF ABSENCE FOR NON-PROMOTIONAL PROBATIONARY
EMPLOYEES
Notwithstanding any other provision of Rule 1201.20 or Rule 1202 to the contrary,
leaves of absence for probationary employees shall be administered according to
the following:
1205.10 Non-promotional probationary employees shall be entitled to a leave of absence
without pay for non-job-connected illness or disability, including disability
resulting from pregnancy, childbirth, or related condition. Such leave shall not
exceed a maximum of four (4) months. Application shall be made in accordance
with Rule 1201.10. Verification from a medical doctor of continued disability
may be requested and such written verification shall be provided at 40-day
intervals as requested. The employee may be required to pass a physical
examination at County expense prior to returning to duty if the illness or
disability may affect job performance or the health or safety of fellow workers or
the public. Actual full days away for non-job-connected illness or disability,
including disability resulting from pregnancy, childbirth or related condition, will
be added to the probation period on a day-for-day basis. (Rev. 01/2014)
1205.20 Non-promotional probationary employees shall be entitled to a leave of absence
without pay for family sick leave purposes. Such leave will be awarded at the
discretion of the appointing authority and shall not exceed 15 calendar days.
Actual full days away will be added to the probation period on a day-for-day
basis. (Rev. 01/2014)
1205.30 Non-promotional probationary employees shall not be granted a discretionary
leave of absence without pay for any reason other than specified in Rules
1205.10 and 1205.20 at the discretion of the appointing authority up to a
maximum of thirty (30) days during the non-promotional probationary period.
Actual full days away will be added to the probation period on a day-for-day
basis. (Rev. 01/2014)
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Rule 1200 LEAVES OF ABSENCE
1205.40 Non-promotional probationary employees called to serve on jury duty shall be
granted time off without loss of pay. Actual time away for jury service will be
added to the probation period on a day-for-day basis as provided in Rule
702.22. (Rev. 01/2014)
1205.50 To the maximum extent permitted by law, all leaves authorized by Rule 1205
shall run concurrently with leaves taken pursuant to Rule 1201.30 and shall
count against the twelve (12) week limit contained in Rule 1201.30. (Rev. 02/98)
1206.00 VACATION OR SICK LEAVE ACCRUALS WHILE ON LEAVE
No employee who has been granted a leave without pay for any reason shall accrue
vacation or sick leave during the time of such leave. (Rev. 8/92)
1207.00 RECORD OF LEAVE
Records of leaves without pay, military leaves, sick leave and vacation accruals,
deductions, and balances shall be maintained in the office of the Commission. The
Director shall furnish the appointing authority any information from such records as
may be requested. (Rev. 8/92)
69
Rule 1300 LAYOFF: GENERAL MEMBER EMPLOYEES
1300.00 Whenever it becomes necessary, as determined by the Board of Supervisors, to
reduce the number of authorized budgeted positions in the classified service, the
following rules and regulations relative to layoff procedures shall apply to General
Member employees, however, in no event shall an employee on active military duty
be subject to layoff. (Rev. 09/2009)
1310.00 DEFINITIONS
1310.10 Seniority: The length of total uninterrupted time worked in County service in a
regular, budgeted, permanent position (continuous service). Approved leaves of
absence without pay maintain the continuity of employment, but the duration of
the leave is deducted from continuous service. The employee’s seniority date is
the date upon which continuous service commenced, adjusted for leaves of
absence without pay. (Rev. 04/10)
1310.10.10 Military leave without pay maintains the continuity of employment; the
duration of the military leave without pay is not deducted from continuous
service. (Rev. 04/10)
1310.10.20 Leave of absence without pay for illness or injury suffered during the
course and scope of County employment, as provided under the
workers’ compensation laws of the State of California, maintains the
continuity of employment; the duration of such leave is not deducted
from continuous service. (Rev. 04/10)
1310.10. 30 Should two (2) or more employees have identical seniority dates, the
order of displacement will be determined by the employee's length of
continuous service in the affected classification. The employee with the
least amount of continuous service in the affected classification will be
displaced first. Should two (2) or more employees have identical
continuous service in the affected classification, displacement will be in
inverse order of the employee's final score derived from the eligibility list
from which they were appointed and then, by lot. (Rev. 04/10)
1310.20 Qualified Permanent Employee: An employee with permanent civil service
status whose overall performance evaluation rating for one of the last two
annual rating periods, was Standard or higher. In the event the employee has
less than two (2) years of service, the rating for the last rating period must have
been Standard or higher. (Rev. 04/10)
1310.30 Non-Qualified Permanent Employee: An employee with permanent civil service
status whose overall performance evaluation rating for the last two (2) annual
rating periods was Improvement Needed or Unsatisfactory. (Rev. 04/10)
1310.30.10 In the event the employment period does not include two (2) annual
performance evaluations, an employee who received one annual overall
rating of Improvement Needed or Unsatisfactory shall be considered a
non-qualified permanent employee. (Rev. 04/10)
1310.40 Flexible Staffing Allocation: Positions within a flexible classification series shall
be considered as one classification. (Rev. 06/93)
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Rule 1300 LAYOFF: GENERAL MEMBER EMPLOYEES
1310.50 Displace: An action caused by a reduction of authorized, budgeted positions
wherein an employee is demoted or laid off.
1310.60 Recalled Employee: An employee who returns to any position within the
classification from which displaced. (Rev. 06/93)
1310.70 Department Layoff Re-Employment List: A list containing names of qualified,
permanent employees, by total county seniority, displaced from a position within
a department as a result of a reduction of operations or personnel. Placement
on this list grants specific rights to displaced employees for return to any position
within the same classification and department should vacancies occur after
displacement. (Rev. 04/10)
1310.70.10 Qualified permanent employees who retain employment in their
current classification by accepting a lateral transfer as a result of
layoff may request to have their name placed on this list. (Rev.
04/10)
1310.80 County Layoff Re-Employment List: Qualified permanent employees, who are
laid off or accept a voluntary demotion with a transfer as a result of layoff, may
have their names placed on this list for the classifications in which they
previously held permanent status. This list shall be used to fill vacant positions
after exhausting the Department Layoff Re-Employment List and prior to the use
of other employment lists. (Rev. 04/10)
1320.00 ORDER OF LAYOFF
1320.10 All vacant authorized positions in the affected classification, within a department,
must be deleted. (Rev. 04/10)
1320.20 Notwithstanding any provision to the contrary, the order of layoff of employees
within the department affected by the reduction of authorized positions shall be:
(Rev. 04/10)
1320.30 By classifications affected in the department: (Rev. 04/10)
1320. 30.10 Non-permanent employees: (Rev. 04/10)
1320.30.10.10 Extra help employees, (Rev. 04/10)
1320. 30.10.20 Temporary employees, (Rev.04/10)
1320.30.10.20.10 Contract employees, unless otherwise provided, (Rev.
04/10)
1320.30.10.20.20 Retired employees, employed under Government
Code Section 31680.2, (Rev. 03/10)
1320.30.10.30 Provisional employees, (Rev.04/10)
1320. 30.10.40 Probationary employees. (Rev.04/10)
71
Rule 1300 LAYOFF: GENERAL MEMBER EMPLOYEES
1320.30.20 Non-qualified permanent employees. (Rev.04/10)
1320.30.30 Qualified Permanent employees. (Rev. 04/10)
1320.30.30.10 A qualified permanent employee who has been promoted or
transferred and whose status is probationary or provisional
shall, for the purpose of these layoff rules, be defined as a
permanent employee of the department in which the
currently-held position is allocated. (Rev.04/10)
1330.00 METHOD OF IDENTIFICATION OF EMPLOYEES TO BE LAID OFF
(Rev. 04/10)
1330.10 Upon the determination to reduce the number of authorized positions within a
department, the department head shall decide the number of positions, by
classification, to be deleted. The department head shall notify the Director of
Personnel in writing of the number of authorized positions, by classification, to
be deleted by the Board of Supervisors. Upon receipt of such notice, the
Director of Personnel shall give the appointing authority the names of those
employees who are least senior in total county seniority for the positions, by
classification, affected. (Rev. 04/10)
1330.20 Qualified permanent employees so affected by the layoff procedures shall be
displaced in inverse order of total county seniority.
1330.30 A qualified permanent employee who receives a notice of layoff may displace a
less senior employee in a lower classification within the department, provided
that:
1330.30.10 The employee held a position within the lower classification in the
department without a break in employment; (Rev. 04/10)
1330.30.20 Or, the appointing authority agrees that the lower-level position is
sufficiently similar to the higher-level position and that the more senior
employee possesses the necessary skills and abilities to perform
adequately the duties of the lower-level position;
1330.30.30 And, where the lower classification is a supervisory position, the more
senior employee must be in a supervisory position prior to displacement
to the lower level or must have held a supervisory position in a related
field in order to displace the less senior supervisory employee. (Rev.
06/93)
1330.40 The salary level of an employee displaced to a lower level shall be as provided
by the Kern County Ordinance Code. (Rev. 04/10)
1330.50 An employee displaced to a lower classification shall not be required to serve a
probationary period.
72
Rule 1300 LAYOFF: GENERAL MEMBER EMPLOYEES
1340.00 NOTICE OF LAYOFF
1340.10 Upon approval of the Board of Supervisors, it shall be the department head's
responsibility to notify all displaced employees at least fifteen (15) calendar days
prior to the effective date of the layoff. (04/10)
1340.20 The notice of layoff to displaced employees shall include: (Rev. 06/93)
1340.20.10 The reason for layoff.
1340.20.20 The effective date of layoff.
1340.20.30 The requirements governing retention of their names on the Department
Layoff Re-Employment List and County Layoff Re-Employment List.
1340.20.40 Procedures for employee appeal of layoff action as delineated in Rule
1500. (Rev. 06/93)
1340.20.50 Procedures for displacement of a less senior employee in a lower
classification in accordance with Civil Service Rule 1330.30. (Rev.
06/93)
1340.20.60 List of benefits which will cease as a result of layoff, including available
options for employees. (Rev. 06/93)
1350.00 PLACEMENT OF NAMES ON LAYOFF RE-EMPLOYMENT LISTS
1350.10 Department Layoff Re-Employment List: The name of every qualified
permanent employee, who is displaced as a result of reduction of authorized
positions, shall be placed on the re-employment list for the classification held at
the time of displacement. If displaced further, the employee's name shall be
placed on each successive re-employment list for each lower classification held
in the department without a break in employment. (Rev. 06/93)
1350.10.10 Placement of names on this list shall be determined by total County
seniority. (Rev. 04/10)
1350.20 County Layoff Re-Employment List: Every qualified permanent employee laid
off shall have the right to complete a County Layoff Re-Employment form listing
positions in which they previously held permanent status without a break in
County service. (Rev. 06/93)
1360.00 USE OF LAYOFF RE-EMPLOYMENT LISTS
If, after a layoff occurs within the County, a position subsequently becomes
available in an affected classification, the following method of filling the vacant
position shall be used: (Rev. 04/10)
1360.10 The department head shall notify the Director of Personnel of the vacant position
to be filled. The Director of Personnel shall certify the names and addresses of
the persons entitled to certification, in accordance with these rules and
provisions contained therein: (Rev. 06/93)
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Rule 1300 LAYOFF: GENERAL MEMBER EMPLOYEES
1360.10.10 The name of the person ranked highest on the Department Layoff ReEmployment List for the classification.
1360.10.20 The names of the three (3) persons ranked highest on the County Layoff
Re-Employment List for the classification. If less than three (3) names
are certified from County Layoff Re-Employment List, the department
must make an appointment from among the names certified. (Rev 04/10)
1360.10.20.10 Notwithstanding 1360.10.20, the Civil Service Commission may
approve a department head request for a promotional certification
in order to avoid displacement of departmental employees
resulting from an organizational change approved by the Board of
Supervisors. (Rev.04/10)
1370.00 RIGHTS OF EMPLOYEES RECALLED FOLLOWING LAYOFF DISPLACEMENTS
(Rev. 06/93)
1370.10 Employees recalled from the Department Layoff Re-Employment List
1370.10.10 Probationary Period: If the recalled employee was displaced during a
probationary period, the remaining probationary time shall be served
when recalled. If the recalled employee fails their probationary period,
they shall be terminated from employment. No probationary period is
otherwise required. (Rev. 04/10)
1370.10.20 Salary: The recalled employee returns to the same salary step, as per
the classification and level, held prior to displacement. The salary
increment date is adjusted for the layoff period. (Rev.04/10)
1370.10.30 Benefits: The recalled employee assumes the same vacation accrual
rate as held prior to displacement. The vacation accrual date is adjusted
for the layoff period. All sick leave hours accrued through the date of
layoff are credited to the recalled employee. (Rev. 06/93)
1370.20 Employees recalled from the County Layoff Re-Employment List
1370.20.10 Probationary Period: The recalled employee serves a regular
probationary period, even if the employee had completed a probationary
period in another department prior to layoff.
1370.20.20 Salary: The recalled employee returns to any salary step for the
classification, pursuant to provisions of the Kern County Ordinance
Code. (Rev. 04/10)
1370.20.30 Benefits: The recalled employee assumes the same vacation accrual
rate as held prior to displacement, upon completion of the probationary
period. The vacation accrual date is adjusted for the layoff period. All
sick leave hours accrued through the date of layoff are credited to the
recalled employee upon completion of the probationary period. (Rev.
06/93)
74
Rule 1300 LAYOFF: GENERAL MEMBER EMPLOYEES
1380.00 PRIORITY AND DURATION OF LAYOFF RE-EMPLOYMENT LISTS
1380.10 Notwithstanding any provision to the contrary, the Department Layoff ReEmployment List and the County Layoff Re-Employment List shall have
precedence over all other employment lists.
1380.20 The duration of affected employees' rights to recall through the Department
Layoff Re-Employment List and the County Layoff Re-Employment List shall be
two (2) years from the layoff effective date established by the Board of
Supervisors. At the request of the Department Head, Layoff Re-Employment
Lists for classifications unique to the department may be extended for a period
to be determined and approved by the Civil Service Commission. (Rev. 04/10)
1380.30 Individual names shall be removed from the Department Layoff Re-Employment
List and the County Layoff Re-Employment List for any of the following reasons:
1380.30.10 Failure to accept employment or report to work in a position in the same
classification within the department from which the employee was laid
off. (Rev. 06/93)
1380.30.20 Failure to appear for a job interview after notice of certification. (Rev.
04/10)
1380.30.30 Failure to respond, for any reason, within seven (7) working days after
notifying the employee certifying eligibility for re-employment. (Rev. 6/15)
1380.30.40 Request in writing by the employee to be removed from the list(s).
1380.30.50 Failure to accept employment or report to work within the classification
listed by the employee on the County Layoff Re-Employment form shall
result in the removal of the employee's name only for the classification
refused. (Rev. 06/93)
1380.40 Re-employment in the classification and department from which the
employee was laid off shall remove the employee from any other County
and department layoff re-employment lists.
1390.00 RESTORATION OF FORMER EMPLOYEE'S NAME TO LAYOFF REEMPLOYMENT LIST
1390.10 If a former employee's name has been removed from the layoff re-employment
lists as a result of Sections 1380.30; et seq. of these Rules, the former
employee may request restoration of his/her name to said list. Restoration of a
former employee's name to a layoff re-employment list will be permitted only for
the reasons outlined in Sections 1390.11 below. All such requests for
restoration to a layoff re-employment list shall be submitted to the Director of
Personnel. (Rev. 06/93)
75
Rule 1300 LAYOFF: GENERAL MEMBER EMPLOYEES
1390.11 If the failure to comply with Sections 1380.30; et seq. of these Rules is alleged
to be a result of a medical disability, or any unusual, unique non-medical
circumstances beyond the individual's control, the former employee shall submit
sufficient evidence to support the request for restoration to the list. The Director
of Personnel may determine, upon review of such evidence, to restore the
former employee's name to the appropriate layoff re-employment list. (Rev.
06/93)
1390.20 The restoration of any former employee to a layoff re-employment list shall not
extend the individual's original two (2) year duration of rights. Any such
restoration of a former employee to the Layoff Re-Employment List shall not
affect any prior appointment(s) from the Layoff Re-Employment List. (Rev.
06/93
76
Rule 1400 LAYOFF: SAFETY MEMBER EMPLOYEES
1400.00 Whenever it becomes necessary, as determined by the Board of Supervisors, to
reduce the number of authorized, budgeted positions, the following rules and
regulations relative to layoff procedures shall apply to Safety Member employees,
however, in no event shall an employee on active military duty be subject to layoff
(Rev. 09/09)
1405.00 DEFINITIONS
1405.10 Safety Member: Safety member shall be employees in Firefighter, Deputy
Sheriff and Sheriff’s Detentions Deputy classification series. Each safety
classification series shall be considered separately in accomplishing
displacement. (Rev. 09/10)
1405.10.10 A safety classification series shall include:
Firefighter Classification Series: Firefighter Apprentice/Firefighter;
Fire Engineer; Fire Captain; Fire Battalion Chief; Deputy Fire Chief;
Chief Deputy-Fire.
Deputy Sheriff Classification Series: Deputy Sheriff Trainee/Deputy
Sheriff I/Deputy Sheriff II; Senior Deputy Sheriff; Sheriff’s Sergeant;
Sheriff’s Lieutenant; Sheriff’s Commander; Chief Deputy Sheriff;
Undersheriff.
Sheriff’s Detentions Deputy Series: Sheriff’s Detentions Deputy
Trainee/Sheriff’s Detentions Deputy; Sheriff’s Detentions Senior
Deputy; Sheriff’s Detentions Sergeant; Sheriff’s Detentions
Lieutenant. (Rev. 09/10)
1405.20 Safety Department Layoff Re-Employment List: A list containing names of
qualified permanent employees who are placed upon the list by length of
seniority (inverse order of displacement) in the affected classification when
displaced from a position as a result of reduction of operations or personnel.
Placement on such a list grants specific rights to displaced employees for return
to a position in the former classification as vacancies occur.
1405.30 Displace: An action caused by a reduction of authorized, budgeted positions
wherein an employee is demoted or laid off.
1405.40 County Layoff Re-Employment List: Qualified permanent employees who are
laid off may have their names placed on this list for classifications in which they
previously held permanent status. This list will be used to fill vacant positions
after exhausting the Safety Department Layoff Re-Employment List and prior to
the use of other employment lists.
1405.50 Flexible Staffing Allocation: Flexible classifications shall be considered as one
position. (Rev. 09/10)
1405.60 Non-Qualified Permanent Employee: An employee with permanent civil service
status whose overall performance evaluation rating is below a Standard rating
for the last two annual rating periods.
77
Rule 1400 LAYOFF: SAFETY MEMBER EMPLOYEES
1405.70 Recalled Employee: An employee who returns to a similar position within the
classification from which displaced.
1405.80 Qualified Permanent Employee: An employee with permanent civil service
status whose overall performance evaluation is Standard or higher.
1405.90 Seniority: The length of total, continuous, unbroken time worked in County
service in a regular, budgeted, permanent position. Approved leaves of
absence without pay maintain the continuity of employment, but the duration of
the leave is deducted from the total, continuous time period. Should two or
more employees have identical seniority dates, the order of displacement will be
determined by the employee's length of continuous service in the classification
position affected.
The employee with the least amount of continuous service in the affected
classification will be displaced first. Should two or more employees have
identical continuous service in the affected classification, displacement will be in
inverse order of the employee's final position on the eligibility list and then by lot.
(Rev. 09/10)
1410.00 ORDER OF LAYOFF
1410.10 Notwithstanding any provision to the contrary, the order of layoff within the
department affected by reduction of personnel shall be:
1410.11 By Classifications Affected in The Department:
1410.11.10 Non-permanent employees:
1410.11.11 Extra help employees,
1410.11.12 Temporary employees,
1410.11.13 Provisional employees,
1410.11.14 Probationary employees.
1410.11.20 Non-qualified permanent employees.
1410.11.30 Permanent employees.
1410.20 A qualified permanent employee who has been promoted or transferred and
whose status is probationary or temporary shall, for the purpose of these layoff
rules, be defined as a permanent employee of the department in which the
currently-held position is allocated. (Rev. 08/00)
78
Rule 1400 LAYOFF: SAFETY MEMBER EMPLOYEES
1420.00 SELECTION OF PERMANENT SAFETY EMPLOYEES TO BE LAID OFF
1420.10 Upon notification of the necessity to reduce the number of safety employees, the
appointing authority shall determine the number of employees by safety
classification series affected by the layoff and shall immediately notify the
Director. Upon receipt of such notice, the Director shall give the appointing
authority the names of those employees who are least senior in total County
seniority. Layoffs shall be accomplished by inverse order of total County
seniority, regardless of level within the classification series. (Rev. 09/10)
1425.00 NOTICE OF LAYOFF
It shall be the department head's responsibility to notify the affected employees at
least 15 calendar days prior to the effective date of the layoff.
1425.10 The Notice of Layoff to Affected Employees Shall Include:
1425.11 The reason for layoff.
1425.12 The effective date of layoff.
1425.13 The requirements governing retention of their names on the Safety
Department Layoff Re-Employment List and County Layoff Re-Employment
List.
1425.14 Procedures for employee appeal to layoff action if the employee charges
violation of the layoff procedure.
1425.15 List of benefits, which will cease as a result of layoff and available options for
employees.
1430.00 PLACEMENT OF NAMES ON LAYOFF RE-EMPLOYMENT LISTS
1430.10 Safety Department Layoff Re-Employment List: The name of every qualified
permanent employee occupying a position on permanent or probationary status
who is displaced as a result of reduction of authorized positions, as determined
by the Board of Supervisors, shall be placed on the re-employment list for the
classification held at the time of displacement and, if displaced further, on each
successive re-employment list for each lower classification held by the employee
in the department without a break in continuity of seniority. The right of
placement shall apply only to those employees who occupy a position as a
result of a Civil Service qualifying procedure. Placement of names on this list
shall be determined by length of continuous, unbroken service in the
classification affected; those with greatest service in the classification shall be
placed at the top of the list.
1430.20 County Layoff Re-Employment List: Every qualified permanent employee laid
off shall have the right to complete a County Layoff Re-Employment List form
listing any or all previously held County jobs in the sequence of continuous,
unbroken service to the County. The jobs so listed shall be in order, with the
most recently held job listed first. Names shall appear on this list in order of total
County seniority; those with greatest seniority shall be listed first.
79
Rule 1400 LAYOFF: SAFETY MEMBER EMPLOYEES
1435.00 REALLOCATION OF POSITIONS IN VARIOUS CLASSIFICATIONS AFFECTED
BY PERSONNEL REDUCTION
1435.10 The appointing authority shall reorganize the department after initial layoffs have
occurred to reasonably and accurately reflect appropriate ratios of entry-level
positions, medium-level positions, supervisory positions, and management
positions.
1440.00 DISPLACEMENT OF EMPLOYEES TO LOWER LEVEL CLASSIFICATIONS
1440.10 Starting with the highest-level affected classification after reorganization and
after determination of the number of positions in each classification has been
made, those employees with least seniority in rank classification are displaced
and shall revert to the next lower-level classification which they have previously
occupied. The employee shall assume the relative seniority position in the next
lower classification in the series which they held prior to promotion to the level
from which displacement has occurred. (Rev. 09/10)
1440.10.10 Employees with least seniority in each rank shall revert to the next lower
rank previously held until the numbers in each rank (classification) equals
final allocation numbers for each classification as determined by the
department reorganization. (Rev. 09/10)
1440.20 A safety member may displace a less senior non-safety employee in a lowerlevel classification, based on continuous county seniority. A safety member may
displace a less senior safety member in a lower-level classification, in a different
classification series, if the senior member was promoted from the classification
series. Safety members who have demoted from another department or have
been absorbed by the county from another department or agency may displace
to lower-level safety classifications based upon continuous county seniority,
even though the employee may not have held a position in the lower-level
classification. (Rev. 09/10)
1445.00 USE OF LAYOFF RE-EMPLOYMENT LISTS
If, after a layoff occurs within a department, a position subsequently becomes
available, the following method of filling the vacant position shall be used:
1445.10 The appointing authority shall notify the Director of the vacant position to be
filled. The Director shall certify the most senior individual eligible for the position
from the Safety Department Layoff Re-Employment List and notify the eligible
individual to contact the appointing authority to arrange the date for filling the
position.
1445.20 If the Safety Department Layoff Re-Employment List is exhausted, the Director
shall certify the three (3) most senior eligible individuals from the County Layoff
Re-Employment List and notify these individuals to contact the appointing
authority for a job interview. If less than three (3) names are certified from the
County Layoff Re-Employment List, the department must make an appointment
from among the names certified. (Rev. 09/10)
80
Rule 1400 LAYOFF: SAFETY MEMBER EMPLOYEES
1450.00 RIGHTS OF RECALLED EMPLOYEES
1450.10 An employee recalled to a former classification from the Safety Department Layoff
Re-Employment List shall return to the classification at the same step and range
level held prior to displacement. The employee shall not be required to serve a
probationary period, in which case the remaining probationary time shall be
completed. (Rev. 09/10)
1450.10.10 If an employee had been laid off and subsequently recalled, he/she shall
assume the same accrual rate for vacation and the same vacation accrual
date and increment seniority date (minus layoff period) as previously enjoyed
in the classification. All sick leave credits of record at the time of layoff shall
be re-accredited to the employee upon return to a full-time former
classification. (Rev. 09/10)
1450.20 An employee recalled to County service from the County Layoff Re-Employment
List shall serve a regular probationary period. The individual may be reemployed at any step level of pay range for the classification, pursuant to the
provisions of the Kern County Ordinance Code. Upon completion of the
probationary period, the employee shall assume the vacation accrual rate and
vacation accrual date (minus layoff period) enjoyed prior to layoff. Sick leave
credits of record at the time of layoff shall be re-accredited to the employee upon
completion of the probationary period. (Rev. 09/10)
1455.00 PRIORITY AND DURATION OF LAYOFF RE-EMPLOYMENT LISTS
1455.10 Notwithstanding any provision to the contrary, the Safety Department Layoff ReEmployment List and the County Layoff Re-Employment List shall have
precedence over all other employment lists.
1455.20 The duration of affected employees' rights to recall through the Safety
Department Layoff Re-Employment List and the County Layoff Re-Employment
List shall be two (2) years from the date of placement on such lists. (Rev. 09/10)
1455.30 Individual names shall be removed from the Safety Department Layoff ReEmployment List and the County Layoff Re-Employment List for any of the
following reasons:
1455.31 Failure to accept employment or report to work in a similar position in the same
classification within the department from which the employee was laid off.
1455.32 Failure to appear for a job interview after notification.
1455.33 Failure to respond, for any reason, within seven (7) business days after posting
by certified mail of a notice to the employee certifying eligibility for reemployment.
1455.34 Request in writing by the employee to be removed from the lists.
1455.35 Failure to accept employment or report to work for a position within the
classification listed by the employee on the County Layoff Re-Employment List
form shall act to remove the employee's name only for the classification refused.
81
Rule 1400 LAYOFF: SAFETY MEMBER EMPLOYEES
1460.00 RESTORATION OF FORMER EMPLOYEE'S NAME TO LAYOFF REEMPLOYMENT LIST
1460.10 If a former employee's name has been removed from the layoff re-employment
lists as a result of Sections 1455.31-1455.33 of these Rules, the former
employee may request restoration of his/her name to said list. Restoration of a
former employee's name to a layoff re-employment list will be permitted only for
the reasons outlined below. All such requests for restoration to a layoff reemployment list shall be submitted to the Director.
1460.10.10 If the failure to comply with Sections 1455.31-1455.33 of these Rules is
alleged to be a result of a medical disability, the former employee shall
include sufficient medical evidence to support the request for restoration to
the list. The Director may determine, upon review of such evidence, to
restore the former employee's name to the appropriate layoff re-employment
list. (Rev. 09/10)
1460.10.20 If the failure to comply with Sections 1455.31-1455.33 of these Rules is
alleged to be a result of unusual, unique, non-medical circumstances beyond
the individual's control, the former employee shall submit sufficient evidence
to support the request for restoration to the list. The Director may determine,
upon review of such evidence, to restore the former employee's name to the
appropriate layoff re-employment list. (Rev. 09/10)
1460.20 The restoration of any former employee to a layoff re-employment lists shall not
act to extend the individual's original two (2) year duration of rights. Any such
restoration of a former employee shall not affect any previous appointment from
the layoff re-employment list.
1460.30 A former employee who has had his/her name removed from a layoff reemployment list may, upon request to the Director, have his/her name placed on
the County Layoff Re-Employment List.
82
Rule 1500 DISPLACEMENT APPEAL PROCEDURE
1510.00 DEFINITIONS
For the purpose of this procedure, the following terms are defined as follows:
1510.10 Hearing Officers: The Commission shall act as hearing officers.
1510.20 Displacement: An action caused by a reduction of authorized budgeted
positions wherein an employee is demoted or laid off.
1520.00 DISPLACEMENT APPEAL
An employee directly affected by a displacement action, under Rules 1300 or 1400,
may appeal such action if he or she believes there has been a violation of the Rules
governing layoff. An appeal concerning layoff rules violation shall not act to stay or
stop the intended displacement.
1525.00 APPEAL PROCEDURE
1525.10 The completed appeal petition shall be the basis upon which the appeal may be
heard, and must contain all specific facts and reasons upon which an employee
is alleging a violation of the layoff rules. The appeal shall be reviewed at each
step of the process for sufficiency and merit. The petition shall be deemed as
insufficient if it fails to state all specific facts and reasons as grounds for the
appeal, or if the appeal would not entitle the displaced employee to any relief. If
the petition is denied for the reasons stated above, such denial shall be without
prejudice to the filing of an amended petition within two (2) days of receipt of
such denial.
1525.20 If an employee wishes to appeal an intended displacement action, the following
course of action shall be taken:
1525.21 Step 1: Within two (2) business days after receipt of a displacement notice, the
employee shall complete and file with the Chief Human Resources Officer a
written petition appealing the displacement action.
1525.22 Step 2: The Chief Human Resources Officer shall review the employee's
allegation and respond in writing to the appeal within two (2) days after receipt of
the employee's appeal.
1525.23 Step 3: If the employee, or appointing authority, is not satisfied with the Chief
Human Resources Officer's decision, either party may appeal the decision to the
Commission for a hearing. Such petition for a hearing must be filed in writing
with the Secretary within one (1) business day after receipt of the Chief Human
Resources Officer’s decision. The appeal must include the complete petition
and/or the amended petition, together with the decision rendered in Step 2.
1525.24 Step 4: If the Commission, after review of the complete appeal petition or
amended appeal petition, finds the petition to have merit for consideration, the
Commission shall set a hearing date, and such hearing will be governed by the
provisions of rule 1735.00. The employee may be represented at the hearing by
a person of his or her choice. 
83
Rule 1600 RESIGNATION
1610.00 RESIGNATION - WRITTEN NOTICE
An employee wishing to leave the classified service in good standing shall file with
the appointing authority a signed written resignation on Form #96-5236 giving at
least one (1) week's notice of his/her intention to leave County employment, unless
said appointing authority consents to the employee leaving sooner. The written
resignation, together with notice of its acceptance, shall be forwarded to the office of
the Commission forthwith.
1620.00 FAILURE TO RESIGN APPROPRIATELY
An employee who leaves the classified service without so filing a written resignation
or giving one (1) week's notice shall have that fact entered in his/her personnel
record in the office of the Commission and may be denied re-employment privileges
by the Commission.
1630.00 EMPLOYEE’S STANDING AT TIME OF RESIGNATION
The appointing authority shall specifically state, in the Remarks section of the
Change of Employee Status Form, whether or not the employee is in good standing
at the time of resignation. If the appointing authority is allowing the employee to
resign in lieu of dismissal, suspension, or reduction, the employee should be
considered not in good standing.
84
Rule 1700 DISMISSAL, SUSPENSION, REDUCTION
1705.00 CAUSE FOR DISMISSAL, SUSPENSION, OR REDUCTION
This rule sets forth the procedures to be followed any time the appointing authority
takes action to dismiss, suspend, or reduce in rank or compensation any regular,
non-probationary officer or employee in the classified civil service. The following
reasons shall be deemed sufficient for dismissal, suspension, or reduction in rank or
compensation, provided that such action shall not be limited to these reasons: (Rev.
12/86)
1705.01 Absence without leave: An employee is absent without leave if the employee is
absent from the job for a period of one (1) business day or more unless the
employee is entitled to be absent pursuant to an approved leave of absence or
as otherwise provided by law. In addition, an employee is absent without leave if
the employee is absent from the job for a period of one (1) business day or more
without providing notification to the appointing authority. (Rev. 08/96)
1705.02 Conviction of any felony or any crime involving moral turpitude, provided the
crime is substantially related to the qualifications, functions, or duties of the
position of office, or any misdemeanor committed while on duty. The term
conviction, as used in this Rule, shall include a plea or verdict of guilty or a
conviction resulting from a plea of nolo contendere. Evidence of the conviction
shall constitute conclusive proof of commission of the crime to which the
employee pled nolo contendere. A conviction shall be available for use under
this Rule when the time for appeal has lapsed, the judgment of conviction has
been affirmed on appeal, or when an order granting probation is made
suspending the imposition of sentence, irrespective of a subsequent order under
the provisions of Section 1203.4 of the Penal Code. (Rev. 1/92)
1705.03 Conduct unbecoming an employee in the public service.
1705.04 Disorderly or immoral conduct.
1705.05 Incapacity due to mental or physical disability, which cannot be reasonably
accommodated, to be determined by a medical examination. (Rev. 8/92)
1705.06 Incompetency or inefficiency.
1705.07 Insubordination.
1705.08 In possession of, or under the influence of, alcoholic beverages during the
employee's working hours or at his or her work site.
1705.09 Neglect of duty.
1705.10 Negligence or willful damage to public property or waste of public supplies or
equipment.
1705.11 Violation of any lawful or reasonable regulation or order made and given by a
superior officer.
85
Rule 1700 DISMISSAL, SUSPENSION, REDUCTION
1705.12 Fraud in securing appointment.
1705.13 Dishonesty.
1705.14 In possession, in use, under the influence of, or trafficking in a controlled
substance or narcotic, except when prescribed for the employee by his/her
doctor, during the employee's working hours or at his/her work site. Unless the
possession of the controlled substance or narcotic is for the purpose of
collecting, gathering, evaluating, testing, preserving, or otherwise handling such
substances as evidence within the course and scope of the employee's duties.
(Rev. 12/87)
1705.15 Discourteous treatment of the public or other employees.
1705.16 Improper political activity.
1705.17 Willful violation of any of the provisions of the Civil Service Law or of these
Rules.
1710.00 NOTICE OF PROPOSED ACTION AND EMPLOYEE'S RIGHT TO RESPOND
1710.10 The appointing authority or any person authorized by him/her may take
disciplinary action against an employee for one or more of the causes for
discipline specified in this Rule by providing written notice of the proposed
disciplinary action to the employee at least five (5) business days prior to the
effective date of the proposed action. The notice shall be served upon the
employee either personally or by registered mail and shall include: (1) a
statement of the nature of the disciplinary action; (2) the effective date of the
action; (3) a statement in ordinary and concise language of the acts or
omissions upon which the causes are based; and (4) a statement advising the
employee of his/her right to informally respond, either orally or in writing, to the
authority initially proposing the disciplinary action.
1710.20 The employee shall have the right to inspect the materials on which the notice is
based and which are relied on to support the reasons in the notice, which shall
be assembled and made available upon request to the employee for his/her
review, provided that nothing within this provision shall be construed to limit the
right of the appointing authority to use any subsequently acquired information
and materials in the case of an appeal or in any subsequent proceeding.
1710.30 The employee shall have the right to respond to the appointing authority either
orally or in writing and to informally present such reasons, statements, and other
materials as to why the proposed disciplinary action should not be
taken. The appointing authority shall consider the response offered by the
employee before final action is taken.
1715.00 DUTY STATUS DURING NOTICE PERIOD
Except as otherwise provided, an employee against whom disciplinary action is
proposed is entitled to be retained in an active duty status during the notice period.
86
Rule 1700 DISMISSAL, SUSPENSION, REDUCTION
1715.10 When circumstances are such that the retention of an employee in an active
duty status in his/her position may be detrimental to the interests of the County,
the employee, the employee's fellow workers, or the general public, the
appointing authority may temporarily assign the employee to duties in which
these conditions do not exist or place the employee in a non-active duty status
with pay.
1720.00 EXCEPTIONS TO NOTICE PERIOD AND OPPORTUNITY TO RESPOND
1720.01 When there is reasonable cause to believe an employee is guilty of a crime for
which a sentence of imprisonment can be imposed, the appointing authority is
not required to give the employee the full five (5) business days’ advance written
notice but shall give such less number of days’ advance notice and opportunity
to respond as, under the circumstances, is reasonable and can be justified.
1720.02 Extraordinary Circumstances: Notwithstanding the provisions of Section
1710.00, the appointing authority may take disciplinary action against an
employee by following the procedures of Section 1725.00 only and shall not be
required to give the employee advance written notice when circumstances are
such that the retention of an employee in an active duty status may result in
damage to County property or may be injurious to the employee, the employee's
fellow workers, or the general public.
1725.00 ORDER OF DISMISSAL, SUSPENSION, OR REDUCTION
Disciplinary action against any officer or employee in the classified civil service for
one (1) or more of the causes for discipline specified in this Rule shall become
effective upon execution of a written order by the appointing authority stating
specifically the reasons for the action. The order shall be immediately filed with the
Director, and a copy thereof shall be furnished to the person to be dismissed,
suspended, or reduced, and to the Commission.
1725.20 If the officer or employee does not wish to appeal the order, the officer or
employee may reply in writing within five (5) business days from the date the
order is filed with the Director. The response should be addressed to the
appointing authority with a copy to the Director. (Rev. 8/85)
1730.00 APPEAL AND ANSWER
The officer or employee may, within ten (10) business days after presentation to him
of the order, appeal through the Director to the Commission from the order. Upon
the filing of the appeal, the Director shall forthwith transmit the order and appeal to
the Commission for hearing. (Rev. 09/2012)
1730.10 Notice of the request for appeal by the officer or employee to the Commission
shall be transmitted forthwith by the Director to the appointing authority who
initiated the dismissal, suspension, or reduction. (Rev. 8/85)
1730.20 The appointing authority shall, within ten (10) business days after hearing dates
are calendared by the Commission, request, prepare, or cause to be prepared a
full Bill of Particulars citing the incidents and evidence to support the action
taken against the officer or employee. (Rev. 4/11)
87
Rule 1700 DISMISSAL, SUSPENSION, REDUCTION
1730.30 A copy of the Bill of Particulars shall be provided to the employee and the
Commission. This Rule shall also apply in the case of appeal for increment or
salary adjustment denial.
1735.00 HEARINGS
1735.10 Within 20 calendar days from the filing of the appeal, the Commission shall
commence a hearing and either affirm, modify, or revoke the order. If the
Commission is unable to accommodate the hearing in that time frame, hearing
dates outside that time frame will be set. The Appellant may appear personally,
produce evidence, and have counsel and a public hearing.
1735.13 If, over the objection of the Department, the Appellant requests the delay or
postponement of a civil service hearing beyond the time prescribed by Rule
1735.10 once hearing dates are set and such request is granted by the
Commission, the Appellant shall not be entitled to an award of back pay and
other benefits which would otherwise be awarded in a decision overturning or
modifying a disciplinary action during and for that period of time between the
date on which the delay requested is granted and the date on which the hearing
is actually held. Should the parties agree to postponement of a civil service
hearing beyond the time prescribed by Rule 1735.10 once hearing dates are set
and the postponement is granted by the Commission, the eligibility for back pay
and other benefits during the period of the postponement which could be
awarded in a decision overturning or modifying a disciplinary action shall be as
agreed upon by the parties.
1735.15 All hearings of the Civil Service Commission shall be open and public, and all
persons shall be permitted to attend any hearing of the Commission, except that
a hearing may be closed to the public to consider appointment, employment, or
dismissal of any employee or to hear complaints or charges brought against an
employee or applicant by another person or employee, unless such employee or
applicant requests a public hearing.
1735.19.10 Pre-Hearing Motions: For hearings set to commence more than 20
calendar days after filing of the appeal, all objections to the substantive
or procedural sufficiency of any notice, process, or proceeding occurring
prior to the commencement of hearing before the Commission, including,
but not limited to, objections to the pre-disciplinary Skelly notice, the
disciplinary investigation, the disclosure of materials on which the
proposed discipline is based and the pre-discipline hearing by the
appointing authority (Rules 1710.10, 1710.30, 1720.01, 1720.02), the
order of discipline (1725.00), the bill of particulars (Rule 1730.10-
1730.30), to exclude items of physical evidence or concerning the
issuance and/or service of Commission subpoenas shall be in writing
and shall be filed with the Commission Secretary and personally served
on the opposing party’s legal counsel or representative not less than ten
(10) full business days prior to the first date the matter is scheduled for
hearing. Any response to such objections shall be in writing and shall be
filed with the Commission Secretary and personally served on the
moving party’s legal counsel or representative not less than two (2) full
business days prior to the first day the matter is set for hearing. If a party 
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Rule 1700 DISMISSAL, SUSPENSION, REDUCTION
is not represented, then service shall be on the party. All motions and
responses thereto shall contain citations to or photocopies of the
statutes, rules, or court cases supporting the positions asserted. For any
hearing set to commence within 20 calendar days from the filing of the
appeal, all objections referenced in this section shall be due five full days
prior to the first date the matter is scheduled for hearing and any
response shall be due one full day prior to the first date the matter is
scheduled for hearing.
1735.19.20 Hearing Motions: Any motion or objection made during the course of a
hearing may be oral but shall be accompanied by written citations or
photocopies of the statutory or court decisions serving as grounds for the
motion or objection. Such written citations or photocopies are not
required to support an evidentiary objection, a motion to close the
hearing, continue the hearing or to exclude witnesses.
1735.19.30 Failure to comply with this Rule, unless excused by the Commission
upon a factual showing of good cause, shall constitute a waiver of the
motion or objection or the response to the motion or objection.
1735.20 The hearing shall be conducted informally in accordance with the provisions of
Government Code Section 11513 However, any motions shall be made in
accord with Rule 1735.19 and any party or witness may be examined at any
time pursuant to California Evidence Code Section 776.
1735.21 Each party will be allowed to give an opening statement (the department will
go first) and to engage in direct and cross examination of witnesses. Re-direct
and re-cross examination of witnesses is allowed when necessary. Following
examination of a witness by the parties, if the Commission questions the
witness, either party may ask a single series of follow-up questions of the
witness within the scope of the areas covered by the Commission’s questions.
Further follow- up questions will not be allowed except on a showing of good
cause. At the conclusion of the evidence, each party will be allowed to give a
closing argument. The department will be allowed a brief rebuttal argument.
1735.22 All Appellant exhibits should be marked in sequential numerical order
beginning with the letter A (e.g. A-1, A-2, etc.). All department exhibits
should be marked in sequential order beginning with the letter C. The
department’s exhibits not already included within the Bill of Particulars should
be identified beginning with the number next in order after the exhibits listed
in the Bill of Particulars. (i.e. if the Bill of Particulars has 10 exhibits attached,
the first exhibit outside the Bill of Particulars introduced by the Department at
the hearing should be marked C-11).
1735.23 The parties are to meet and confer prior to the hearing to pre-mark exhibits
and reach agreement as to which exhibits will be admitted without objection
and to identify those exhibits as to which objections to admissibility remain. At
the outset of the hearing, the parties must be prepared to inform the
Commission which exhibits are to be admitted without objection and they will
be admitted at that time. Any exhibit not included within the Bill of Particulars

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Rule 1700 DISMISSAL, SUSPENSION, REDUCTION
and submitted at the hearing must be pre- marked. Six three-hole-punched
copies of such exhibits must be submitted to the Secretary at the time the exhibit
is introduced. No additional copies of demonstrative evidence, video evidence
or over-sized exhibits need be provided. The parties shall also meet and confer
about any facts as to which they are willing to stipulate may be deemed
approved without the introduction or admission of evidence.
1735.24 No less than five calendar days prior to the first date scheduled for the
hearing, the parties shall each submit to the Commission Secretary the
following:
a) Witness list
b) Joint exhibit list identifying each exhibit by number. This list is of
exhibits as to the admissibility of which the parties agree.
c) Party exhibit list identifying each exhibit by number. This list is of
exhibits a party intends to introduce but as to which the other party
has objection.
d) A realistic time estimate for the full length of the hearing.
e) A one-page summary of the case setting forth the charge(s), the
proposed discipline and any defenses to be raised by the Appellant.
f) A list of facts as to which the parties stipulate may be deemed
proved without the introduction or admission of evidence.
1735.25 The parties are expected to be present and ready to proceed on the dates
set for the hearing. Prior to opening statements or the taking of evidence on
the first day of the hearing, the parties must be prepared to address the
following matters with the Commission:
a) Which exhibits are to be admitted without objection. Such exhibits
will be admitted at that time.
b) Any stipulated facts. Stipulated facts will be deemed proved for all
purposes without the need for evidence.
c) Any pre-hearing motions that have not yet been resolved.
d) Any witness or scheduling problems known to the parties.
1735.30 An employee or a County Department may be represented by a person of their
choosing who:
a) Has attained the age of at least eighteen (18) years.
b) Is reputed to be of good moral character. This criterion is
presumptive by the Commission unless challenged by either the
Appellant or the Respondent.
1735.30.10 It is the duty of persons involved in the proceedings of the Civil Service
Commission hearings:
a) To maintain the respect due to the Civil Service
Commission and its officers.
b) To counsel or argue positions regarding disciplinary actions
only as legal or just, and which pertain to alleged violations of
the Rules of the Kern County Civil Service Commission.
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Rule 1700 DISMISSAL, SUSPENSION, REDUCTION
c) To be truthful, and never to seek to mislead the Commission
or any Commissioner or Commission officer by deceit or false
statement of fact or law.
d) To abstain from all offensive personal remarks, and to
advance no fact prejudicial to the honor or reputation of a
party or witness, unless required by the justice of the cause
with which he or she is charged
e) Not to encourage either the commencement or the
continuance of an action or proceeding from any corrupt
motive of passion or interest.
f) Comply with the Commission hearing rules.
1735.40 The Commission may censure or take any other appropriate action, up to and
including permanently, or for a limited period as is just, excluding any person
involved in the proceedings before the Kern County Civil Service Commission
who fails to maintain these standards. If the Commission makes a finding to take
action against such person, they will produce a written findings of facts, decision
and order.
1736.00 PITCHESS MOTIONS
1736.10 California law allows Pitchess motions to be brought before the Civil
Service Commission.
1736.20 Pitchess motions will only be entertained by the Commission after an
appeal has been filed with the Commission pursuant to Civil Service Rule 1730
and its jurisdiction thereby invoked. Any Pitchess motion filed prior to the filing
of an appeal with the Commission shall be denied without prejudice.
1736.30 Pitchess motions are considered to be pre-hearing motions, but they
shall be governed by the filing deadlines articulated in California Code of Civil
Procedure Section 1005(b).
1736.40 The papers constituting the Pitchess motion shall comply with
California Evidence Code Section 1043.
1736.50 The hearing of a Pitchess motion shall be conducted as follows:
a) The hearing shall be closed to all but the moving party, his or her
legal counsel, an employer representative, legal counsel to the
employer and the Custodian of Records.
b) The moving and opposing parties shall argue their respective
positions if they are unable to stipulate as to whether a prima facie
showing has been made by the moving party. Following argument,
the Commission will retire to closed session to decide whether a
prima facie showing has been made. The Commission will then
reconvene to the closed hearing and announce its decision.
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Rule 1700 DISMISSAL, SUSPENSION, REDUCTION
c) If the Commission concludes a prima facie showing has
been made or the parties stipulate that prima facie showing has been
made, then the Commission will adjourn to closed session to inspect
the records brought to the hearing by the Custodian of Records.
i. The Custodian of Records and legal counsel, if any,
representing the Custodian shall attend the closed
session.
ii. The Custodian of Records shall be placed under oath
during the closed session and shall respond to the
questions asked by the Commission regarding the
records produced at the hearing.
iii. The Secretary to the Commission shall tape-record
the Commission’s closed session review of the
records.
iv. Any records ordered produced by the Commission
shall be produced by the Custodian to the moving
party along with a letter articulating what records or
information, if any, has been ordered disclosed. The
Custodian shall serve a copy of the letter on the
Secretary to the Commission.
v. The tape recording of the closed session record
review shall be retained by the Secretary under seal
and the tape shall not be released or transcribed
except upon stipulation of the parties or order of the
Superior Court or appellate court.
d) In determining whether records should be released, the Commission
shall be guided in its determination by California Evidence Code
Section 1045.
1740.00 FINDINGS AND DECISION
The Commission shall, within a reasonable time after completion of the hearing,
determine a verdict. The verdict by the Commission shall specify a finding as to
each ground or reason charged.
1740.10 By specific decision, the Commission may affirm, revoke, or modify the order,
and the appointing authority shall forthwith enforce and follow the Commission's
decision.
1745.00 MAXIMUM SUSPENSION
Any suspension without pay of an employee by the appointing authority for
disciplinary purposes shall be limited to a maximum of 30 calendar days for any one
specific incident.
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Rule 1700 DISMISSAL, SUSPENSION, REDUCTION
1750.00 HEARING OFFICER
The Commission may, upon its judgment, employ a hearing officer to hear the
appeal. After hearing the appeal, such hearing officer shall submit to the
Commission a Proposed Decision, along with Findings of Fact and Conclusions of
Law, within a reasonable time. The Commission shall review the proposed decision
and either adopt it or take other such action as is appropriate under the law.
1760.00 OCCUPATIONAL ALCOHOLISM - NON-PUNITIVE ACTION
Notwithstanding any rule provisions to the contrary, it is the general policy of the
County to recognize employee alcoholism as a treatable disease and that a policy of
non-punitive action be followed for any employee whose job performance is
impaired by such condition. Non-punitive action in each case is dependent upon the
employee advising the appointing authority of existence of the condition; and the
appointing authority's concurrence that such action is in the best interest of the
County and the employee.
1760.05 An employee's continued participation in a treatment program as an alternative
to disciplinary action is contingent upon satisfactory progress in the program and
satisfactory job performance as determined by the treating professional and the
appointing authority, respectively.
1760.10 Alcoholism shall not be used by an employee as a shield from disciplinary action
taken under other provisions of these Rules after the period of response to
proposed disciplinary action has passed.
1760.20 Failure of the employee to agree to treatment after entering the treatment
program or lack of satisfactory progress as determined by the treating
professional and the appointing authority may result in further action as provided
for in these Rules.
93
Rule 1800 DISCRIMINATION APPEALS
1810.00 COMPLAINTS BASED ON DISCRIMINATION AND HARASSMENT
1810.01 Every person has the right to complain of and to seek remedy for acts of
unlawful discrimination against or discriminatory harassment experienced by the
person in applying for County employment or in the County workplace. Unlawful
discrimination is discrimination based on the person's race, national origin, sex,
age, physical ability, medical condition, marital status, ancestry, religious
affiliation, union affiliation, political affiliation, or sexual orientation.
1810.02 Every County officer and employee is prohibited from engaging in unlawful
discrimination against or harassing any person or from retaliating against or
taking adverse employment actions against a person based upon that person's
complaint of unlawful discrimination or discriminatory harassment.
1810.03 Every County officer or employee is prohibited from unlawfully discriminating
against, retaliating against, or taking adverse employment actions against an
employee based upon an employee's testimony, assistance, cooperation, or
participation in connection with an investigation, disciplinary action, or hearing
before a governmental body arising out of the complaint of unlawful
discrimination or harassment.
1810.04 As used in these rules, acts of unlawful discrimination, retaliation, and adverse
employment actions include, but are not limited to:
1810.04.10 Verbal or physical abuse or threats of harm;
1810.04.20 Disciplinary actions including demotions, suspensions, oral or written
reprimands, transfers, or termination of employment;
1810.04.30 Failure to give equal consideration in employment decisions;
1810.04.40 The imposition of adverse working conditions not encountered by
similarly-situated employees; or
1810.04.50 The unreasonable denial of employment benefits.
1820.00 COMPLAINT PROCEDURE
As set forth in Kern County Civil Service Commission Rule 1800 et seq., each
employee or applicant for employment who believes that they have experienced
unlawful discrimination or harassment in the application for employment, within the
testing for promotion within County employment, or in the general terms and
conditions of County employment may file a written complaint setting forth the
specific facts and evidence supporting the complaint with the Equal Employment
Opportunity Officer. This complaint shall provide all documentary evidence, names
of potential witnesses, and any other information believed by the complainant to be
relevant to the complaint. Such complaints shall be filed within 180 days of the
occurrence of the acts giving rise to the complaint.
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Rule 1800 DISCRIMINATION APPEALS
1820.01 INFORMAL INVESTIGATION
Upon the receipt of the written complaint, the Equal Employment Opportunity
Officer shall attempt to resolve the complaint on an informal basis through
informal investigatory and conciliation efforts between the complaining individual
and the involved County department(s). The Equal Employment Opportunity
Officer or his delegate shall have a period not to exceed thirty (30) business
days to investigate and to informally attempt to resolve the complaint. (Rev.
03/99)
1820.02 FORMAL INVESTIGATION
If the Equal Employment Opportunity Officer (EEOO) is unable to resolve the
complaint through informal conciliation efforts, the EEOO shall notify the
complainant, the Director of Personnel, and the impacted County department of
this inability in writing. If the EEOO believes there are grounds to proceed,
he/she may initiate a formal investigation of the allegations of the complainant,
interview all witnesses to the incident giving rise to the complaint (including the
complainant and the person(s) against whom the complaint is directed), and
issue written findings as to the merits of the complaint and the remedy that
should be implemented to resolve the complaint under existing County
ordinances, policies, and procedures. The Equal Employment Opportunity
Officer shall have a period of not more than forty-five (45) business days to
conduct the investigation and to issue appropriate findings of fact and
recommended remedies. (Rev. 03/99)
The complaining person, the affected County department, and the Director of
Personnel shall have twenty (20) calendar days to review and either accept or
reject the findings and recommendations of the Equal Employment Opportunity
Officer.
1820.03 EEO OFFICER FINDINGS AND RECOMMENDATIONS
If the complainant, the impacted County department, the County Administrative
Officer, and the Director of Personnel are satisfied with the findings and
recommendations of the Equal Employment Opportunity Officer, these findings
and recommendations may be implemented informally and the matter closed. If
the findings and recommendations of the Equal Employment Opportunity Officer
require some action or order on the part of the Board of Supervisors to be
implemented, the Director of Personnel shall forward the findings to the Board of
Supervisors and recommend that the Board of Supervisors authorize the action
called for therein.
1830.00 HEARING
If either the complainant or the impacted County department is not satisfied with the
findings and recommendations of the Equal Employment Opportunity Officer as a
resolution to the complaint, either may file a written request within twenty (20) days
of the issuance of the findings and recommendations of the Equal Employment
Opportunity Officer for an evidentiary hearing before the Civil Service Commission.
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Rule 1800 DISCRIMINATION APPEALS
This hearing shall be commenced within thirty (30) days of the written request for
hearing.
1830.01 The purpose of this hearing is to create an evidentiary record of the basis for the
complaint, to permit the examination and cross-examination of all witnesses
under oath, and to permit the Civil Service Commission to make factual findings
based on the evidence presented and to order/recommend specific remedies
designed to achieve a resolution to the dispute.
1830.02 The hearing shall be conducted as a public hearing, in accordance with the
evidentiary standards established by Government Code Section 11513. The
Equal Employment Opportunity Officer shall initiate the hearing by presenting
his/her report and recommended findings to the Commission. After the
presentation of the Equal Employment Opportunity Officer's report, the
complaining person shall present all relevant documentary evidence and witness
testimony that the complainant believes will establish proof of the unlawful
discrimination or harassment. At the conclusion of this presentation, the
impacted department shall present all relevant documentary evidence or witness
testimony, which the department believes to refute or disapprove the
complaining person's allegations. All witnesses shall be subject to crossexamination and to examination by the Commission. The complainant has the
burden of proof to establish the validity of the complaint. At the conclusion of
the hearing and upon the issuance of a written order, findings, and decision, the
Civil Service Commission may take such action as is within its jurisdiction under
Kern County Code Chapter 3.04 and Board of Supervisors' Resolution 85-094.
If the action deemed appropriate is beyond the limited jurisdiction of the Civil
Service Commission to implement, the Commission's findings and
recommendations shall be forwarded to the Board of Supervisors with the
recommendation that the same be adopted as an order of the Board of
Supervisors. The order and decision of the Civil Service Commission (or the
order of the Board of Supervisors implementing the decision of the Civil Service
Commission) shall be final when issued and are subject to the judicial review
provisions of Rule 2303. (Rev. 5/14)
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Rule 1900 ELIMINATION OF OFFICE
1900.00 DEFINITIONS
As used in this Rule, words and phrases are hereby defined as follows:
Secondary Office: Any office which has been eliminated as a separate entity and
the duties and functions of which have been absorbed by and are to be performed
by a primary office; a secondary office shall also include a state function assumed
by the County, any city office of any incorporated city within Kern County which has
been eliminated because of the consolidation or assumption of the duties and
functions of such city office by a County office in accordance with provisions of State
Law.
Primary Office: Any office which continues to perform the duties and functions
incumbent upon and incidental to its original purpose but which, in addition thereto,
assumes the duties and functions of a previously existing secondary office, which
has been eliminated.
Consolidate: To transfer to a primary office the duties and functions formerly
incumbent upon and performed by an eliminated secondary office.
1910.00 APPOINTMENT OF FORMER EMPLOYEES OF ELIMINATED SECONDARY
OFFICE
1910.10 Deputies: Whenever a secondary office has been eliminated and the former
duties and functions thereof have been transferred to and consolidated with the
duties and functions of a primary office under any provision of law which
provides that the duties and functions of the eliminated secondary office shall be
assumed and performed by the primary office and/or the designated deputies of
such primary office, then, in such event, the appointing authority of the primary
office may, upon request therefore made to the Commission, appoint such
designated deputies from among the former employees of the formerly-existing
secondary office who held therein, as regular employees, employment duties of
a nature substantially equivalent to the duties of the designated deputy to be
appointed by the primary office; in any such event, the appointing authority of
the primary office may make such appointment without examination as
otherwise provided in Rule 400 and without reference to the eligible list as
otherwise provided in Rule 500 and without reference to request for certification
as otherwise provided in Rule 600.
1910.20 Other Than Deputies: The appointing authority of the primary office may appoint
employees other than deputies to fill positions established in the primary office,
under the same conditions and under the same rules as provided in Section
1900.00 of this Rule for the appointment of deputies; former employees of the
secondary office appointed to the primary office under the provision of this
paragraph shall be classified in accord with the particular designation of the
employment within the primary office and without reference to any particular
classification theretofore held by the appointee in eliminated secondary office.
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Rule 1900 ELIMINATION OF OFFICE
1920.00 PROBATIONARY PERIOD
The appointee whose appointment has been affected under the provisions of this
Rule 1900 shall be subject to the provisions of Rule 700 relating to probationary
period, and said appointee shall be deemed a probationer subject to the intents and
purposes of said Rule 700, irrespective of the period of service of said appointee as
an employee of the eliminated secondary department.
1930.00 VACATION, SICK LEAVE, AND RETIREMENT
Any vacation, sick leave, or health or retirement rights or benefits which were
earned by or which accrued to the benefits of any employee of the secondary
department shall, upon the appointment of said employee to the primary department
under the provisions of this rule, be transferred to the credit and benefit of the
appointee as an employee of the primary department. Provided such vacation, sick
leave, health or other benefits were earned under the same vacation, sick leave, or
health ordinance or systems in the case of the consolidation of County offices or
departments.
1931.00 Notwithstanding the provisions of Rule 1920.00 and Rule 1930.00, when the
secondary office is either an office or function of an incorporated city or of the
state assumed by the County under the terms of an assumption or consolidation
agreement, any transfer of benefits and rights of an employee appointed from
the secondary department shall be determined and set forth in the terms and
conditions of the agreement. (Rev. 10/84)
98
Rule 2000 POLITICAL ACTIVITY OF COUNTY EMPLOYEES
2000.00 No person employed under the system hereby created shall participate in any
political activity on County time or in any manner involving the use of County
property or expenditure of public funds nor conveying the implication of County
endorsement or support for a candidate for local, state, or federal office. The
Commission may adopt such other rules regulating the political activities of
employees as may be necessary to preserve the efficiency and integrity of the Kern
County government or this civil service system.
99
Rule 2100 CERTIFICATION OF PAYROLLS - DELETED BY ORDER OF CIVIL
SERVICE COMMISSION ON 12/14/15 (See Kern County Administrative Policy and
Procedures Manual Chapter 2).
100
Rule 2200 ORGANIZATION AND ADMINISTRATION
2210.00 THE COMMISSION
A Civil Service Commission consisting of five (5) commissioners is created by the
Kern County Initiative Civil Service Ordinance.
2210.10 Duties and Responsibilities: The Commission has the authority and
responsibility to:
2210.11 Prescribe, amend, and enforce rules and regulations for the administration of a
comprehensive Civil Service System as provided in Chapter 3.04 of the Kern
County Ordinance Code.
2210.12 Make investigations concerning the enforcement and effect of Chapter 3.04 of
the Kern County Ordinance Code and these rules and regulations and take such
action as is necessary to enforce same.
2210.13 Appoint a Secretary to the Commission and such other staff as is necessary to
conduct the business of the Commission.
2210.14 Establish the general policy to be followed in the administration of the Civil
Service System.
2210.15 Keep minutes of its proceedings, and such other records as are desirable and
necessary to administer the Civil Service System. A roster of all County
employees in the classified service and a record of examinations conducted by
the Division of Human Resources shall be maintained by the Division of Human
Resources.
2210.16 Make an annual report to the Board of Supervisors.
2210.17 Hear appeals of employees in the classified service who have been dismissed,
suspended or reduced in rank or compensation.
2210.18 Recommend to the Board of Supervisors, as part of the County budget process,
the amount of money reasonably needed to carry on the work and
administration of the Commission.
2220.00 ELECTION OF OFFICERS
At its first meeting of each calendar year, the Commission shall elect one of its
members President and another Vice-President, who shall hold office until a
successor shall be elected and qualified.
2225.00 QUORUM
Three (3) members of the Commission shall constitute a quorum for the transaction
of business.
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Rule 2200 ORGANIZATION AND ADMINISTRATION
2227.00 COMMISSION MEETINGS
Regular meetings of the Commission shall be held at 5:30 p. m. on the second
Monday of each month, provided that, when such day is a holiday, the meeting shall
be held on another day of that same week at the same hour. Special meetings shall
be held on the call of the President or any three (3) of the Commissioners. All
meetings of the Commission, whether regular or special, shall be open to the public,
except for certain meetings or portions of meetings where the Commission may, by
law, enter into executive session.
2229.00 ORDER OF BUSINESS
Except as otherwise provided herein, business at Commission meetings shall be in
the following order:
2229.10 Reading of the minutes.
2229.20 Public requests.
2229.30 Departmental requests.
2229.40 Division of Human Resources reports/requests.
2229.50 Commissioner items.
2230.00 SECRETARY TO THE COMMISSION
2230.10 The Commission shall appoint the Secretary to the Commission and the
Secretary shall have the following duties:
2230.20 The Secretary shall keep the records of the proceedings of the Commission
and have charge of and be responsible for the safekeeping of the books,
records, papers, and other property of its office.
2230.30 Prepare or cause to be prepared forms for all transactions of the Commission.
2230.40 Generally conduct the correspondence of the Commission.
2230.50 Attend all Commission meetings, present matters requiring action by the
Commission, advise the Commission where appropriate on matters pending
before the Commission and prepare the minutes of Commission meetings.
2230.60 Attend all appeal hearings of the Commission and facilitate all aspects of such
hearings, including overseeing the handling of evidence, the issuance of
subpoenas, the preparation and issuance of the Commission verdict and
findings and the recording of the proceedings.
2230.70 Act as the primary liaison between the Commission and the Division of Human
Resources, the public, county departments, recognized employee unions and
any others having business before the Commission.
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Rule 2200 ORGANIZATION AND ADMINISTRATION
2230.80 Work collaboratively with the Division of Human Resources to ensure
Commission Rules are observed by the departments and that Rule violations
are reported to the Commission.
2230.90 Assist in the preparation of the Commission’s annual report to the Board of
Supervisors.
2230.100 Update and manage the Commission web page.
2230.110 Prepare meeting agendas and post the agendas and all pertinent back-up
materials in compliance with the requirements of the Ralph M. Brown Act.
2230.120 Prepare and administer the Commission budget including approval of
Commission time cards and mileage reimbursement.
2230.130 Oversee orientation of new Commissioners, track mandatory training
compliance for Commissioners and provide documentation of such to the Clerk
of the Board.
2230.140 Perform all other duties as assigned by the Commission that are consistent with
these Rules and the Civil Service Ordinance.
2232.00 CHIEF HUMAN RESOURCES OFFICER
The County Administrative Officer appoints a Chief Human Resources Officer to
direct the work of the Division of Human Resources pursuant to Kern County
Ordinance Code Chapter 3.02. The Chief Human Resources Officer shall:
2232.10 Administer and enforce these Rules; investigate the effect of their enforcement
and report from time to time any violations and other conditions which, in his or
her judgment, make it desirable to amend the Rules.
2232.20 Determine which examinations are needed and set the dates for holding them.
2232.30 Keep a roster of all County employees in the classified service and a record of
all Civil Service examinations.
2232.40 Make certification of those eligible for appointment or employment.
2232.50 Administer the provisions for transfers, leaves of absence, separations, and reemployment privileges.
2232.60 Have charge of all matters pertaining to the preparation and conduct of
examinations and, in this connection, shall:
2232.61 Establish and maintain an examination management system which provides for
valid and reliable selection and promotional examinations subject to established
resource constraints and in accordance with accepted standards for testing and
appropriate federal and state laws.
2232.62 Prepare or cause to be prepared and posted official bulletins announcing
examinations.
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Rule 2200 ORGANIZATION AND ADMINISTRATION
2232.63 Determine or cause to be determined the subjects in each examination and the
relative weights of each.
2232.64 Prepare or cause to be prepared suitable questions to be asked in the various
examinations and report the results of each examination to the Commission.
2232.65 Protect or cause to be protected all examination materials to prevent
unauthorized disclosure and compromise.
2232.66 Appoint experts to aid him/her in preparing questions and rating examination
papers, whenever necessary.
2232.67 Direct the work of examiners or other employees subordinate to him/her and
take care to secure accuracy, uniformity, and justice in their proceedings.
2232.68 Pass upon all questions relating to the eligibility of applicants for examination,
based upon their written application, and also questions relating to the
admissibility of applicants when they appear for examination and, in this regard,
conduct such investigation as necessary into the background of applicants to
ensure their fitness for the positions to which applied.
2232.70 Prepare or cause to be prepared the checking and certifying of payrolls.
2232.80 Administer the classification and compensation plans.
2232.90 Annually assemble and review pay scale data within Kern County relating to the
various classes and positions of benchmark jobs which are comparable to
various classifications in the classified service of Kern County.
2240.00 RECORDS
Minutes of the Commission meetings, the classification and pay plan, actions of
dismissal and suspension, and the Rules shall be considered public record. Other
records of the Commission and the Division of Human Resources shall be
confidential by reason of public policy, except as otherwise provided in these Rules
or by the California Public Records Act. 
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Rule 2300 RULES AND REGULATIONS
2301.00 AMENDMENT OF RULES
Amendment of the Rules and Regulations or additions thereto may be proposed at
any meeting of the Commission, but action thereon shall not be taken until a
subsequent meeting. All rules and amendments thereof shall become effective
upon the date of their adoption by the Commission and shall be printed forthwith for
distribution.
2302.00 REGULATIONS
The Commission may, from time to time, adopt and record in the minutes,
regulations or procedures for the administration of these Rules, and a copy thereof
shall be furnished to each department of the County government.
2303.00 JUDICIAL REVIEW
The adjudicatory decisions of the Civil Service Commission shall be final for all
administrative purposes upon the Commission's approval and issuance of formal
Findings of Fact, Conclusions of Law and Decision. Judicial review of any final
adjudicatory decision may be sought within ninety (90) days of its issuance pursuant
to Code of Civil Procedure 1094.5. This rule is adopted pursuant to authority
granted by Civil Procedures Section 1094.6 and is to be applied in accordance with
the provisions of the statute