Kern County Administrative Policy and Procedures Manual
CHAPTER 1
HUMAN RESOURCES
Section Page
101. General Statement......................................................................................................................................1
102. Governing Documents................................................................................................................................1
103. Other Policies.............................................................................................................................................1
104. Definitions.................................................................................................................................................1
105. Position Classification and Job Specifications ............................................................................................2
106. Position Reclassification ............................................................................................................................3
107. Assignment of Duties Outside of Classification..........................................................................................3
108. Employees Working in Two Classifications ...............................................................................................4
109. Salary Range and Base Cost of Living Adjustment Step Levels..................................................................4
110. Base Cost of Living Adjustments ...............................................................................................................4
111. High-Performance Step Adjustments .……………………………………………………………………….4
112. Kern$Flex Pay ...........................................................................................................................................5
113. Fees, Commissions, Other Compensation...................................................................................................5
114. Other Pay Allowances................................................................................................................................5
115. Deputies.....................................................................................................................................................5
116. Work Schedules.........................................................................................................................................5
117. Overtime....................................................................................................................................................7
118. Compensatory Time Off.............................................................................................................................9
119. Paid Sick Leave..........................................................................................................................................9
120. Bereavement Leave....................................................................................................................................11
121. Vacation Leave ..........................................................................................................................................11
122. Vacation and Sick Leave Benefits—Exclusions..........................................................................................13
123. Vacation and Sick Leave Benefits - Disposition Upon Assuming Elective Office .......................................13
124. Catastrophic Leave Pay ..............................................................................................................................13
125. Holidays.....................................................................................................................................................14
126. Other Leaves and Time Off........................................................................................................................16
127. Industrial Accidents ...................................................................................................................................17
128. Break in Service/Employment-Exceptions and Effect Upon Return to Service/Reemployment ...................17
129. Filling a Vacant Position ............................................................................................................................18
130. Employee Transfers....................................................................................................................................18
131. Retired Employee Hiring............................................................................................................................18
132. Extra Help Appointments...........................................................................................................................18
133. Position Revision Requests Outside of Budget Process...............................................................................20
134. Department Reorganizations.......................................................................................................................20
135. Employee Training and Development.........................................................................................................20
136. New Employee Orientation ........................................................................................................................20
137. Performance Evaluations............................................................................................................................20
138. Special Performance Evaluations................................................................................................................21
139. Service Recognition ...................................................................................................................................21
140. Disciplinary Actions...................................................................................................................................21
141. Hearings and Appeals.................................................................................................................................22
142. Physical Examinations ...............................................................................................................................22
143. Conflict of Interest .....................................................................................................................................22
144. Overpayment/Underpayment of Wages of Benefits-Correction...................................................................22
145. Salary Advance to Purchase Eligible Prior Service .....................................................................................23
146. Sexual Harassment Training Requirements.................................................................................................23
147. Contract Employees...................................................................................................................................23
148. Temporary Out-of-Country Duty Assignments …………………………………………………………….24
149. Post Employment Restrictions....................................................................................................................24
150. Volunteers…………………………………………………………………………………………………….24
Exhibit A – Employee Grievance Procedure
Exhibit B – Sexual Harassment Policy
Exhibit C – Alcohol and Drug Abuse Policy
Exhibit D – Return to Work Program
Exhibit E – Nepotism Policy
Exhibit F – Retirement Incentive Program
Exhibit G – Workplace Violence Policy
Exhibit H – Bilingual Pay Policy
Exhibit I – Retired/Rehired Employee Acknowledgment of Employment Conditions
Exhibit J – Hostile Work Environment Policy
Exhibit K – Telework Policy
Exhibit L – Kern County Non-Smoking Policy
Exhibit M – Extended Leave Holding Unit Policy
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CHAPTER 1
HUMAN RESOURCES
101. General Statement. It is the policy of the Board of Supervisors to adhere to State and federal laws, and the
provisions of the Civil Service Ordinance, which place employment on a merit basis and establish equitable and
uniform human resources policies and procedures. This Chapter provides implementing procedures. Provisions within
Memoranda of Understanding with employee unions supersede the provisions within this Chapter for represented
employees.
102. Governing Documents. The Chief Human Resources Officer shall maintain, administer, and implement the
provisions of this chapter, and maintain the following other documents that also govern the human resources system
administration:
a. Ordinance Code – Title 3
b. Civil Service Commission Rules
c. Departmental Positions and Salary Schedule
d. Rater’s Guide for Employee Performance Reports
e. Administrative Policy and Procedures Manual
f. Memoranda of Understanding
103. Other Policies. In addition to the policies and procedures contained in this Chapter, the following policies,
most of which are appended to this Chapter, are in effect:
a. Alcohol and Drug Abuse Policy (Exhibit C)
b. Bilingual Pay Policy (Exhibit H)
c. Equal Employment Opportunity (Request from Human Resources Division)
d. Retirement Incentive Program (Exhibit F)
e. Grievance Procedure (Exhibit A)
f. Health Plan Eligibility Policy (Request from Health Benefits Division of the County Administrative
Office)
g. Hostile Work Environment Policy (Exhibit J)
h. Extended Leave Holding Unit Policy (Exhibit M)
i. Nepotism Policy (Exhibit E)
j. Non-Smoking Policy (Exhibit L)
k. Retired/Rehired Employee Acknowledgment of Employment Conditions (Exhibit I)
l. Return to Work Program (Exhibit D)
m. Sexual Harassment Policy (Exhibit B)
n. Telework Policy and Procedure (Exhibit K)
o. Workplace Violence Policy (Exhibit G)
104. Definitions. The following are definitions of terms used in this Chapter:
.1 Anniversary Date. An employee’s anniversary date is the date following one year of continuous service
at a particular salary step level in a classified position. Whenever any anniversary date is a factor in the computation
of any compensation, or any element of compensation including vacation, and the anniversary date falls within a
biweekly payroll period, for the purpose of such computation the anniversary date shall be the first day of the biweekly
payroll period.
.2 Appointing Authority. The appointing authority is the department, division, or agency head. If this
authority is delegated, the Human Resources Division and the Auditor-Controller-County Clerk must be notified in
writing.
.3 Compensatory Time Off (CTO). Time off without loss of pay during a regular workweek that is granted
to an employee as compensation for authorized overtime.
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.4 Continuous Service. Continuous service means uninterrupted service in a classified position, except as
otherwise provided in this Chapter.
.5 Full-time Employee. An employee working in a permanent position requiring at least 80 regular working
hours per biweekly payroll period is a full-time employee.
.6 Holiday. A holiday is one, eight-hour workday.
.7 Normal Work Schedule. Five, eight-hour days per workweek is a normal schedule.
.8 Part-time Employee. An employee working in a permanent position requiring less than 80 regular working
hours per biweekly payroll period is a part-time employee.
.9 Permanent Employment Status. The employment status of an employee in a classified and budgeted
position that has completed the probationary period for the position.
.10 Regularly Employed/Regular Employee. Employment in a position that is not temporary in nature.
.11 Salary Range. The numerical compensation range (such as Range 40.4) approved by the Board of
Supervisors for a position.
.12 Paid Sick Leave. A paid leave of absence taken by an employee using accrued paid sick leave hours due
to illness, accidental injury, or pregnancy and related complications.
.13 Base Cost of Living Adjustment Step Level. One of ten numerical compensation levels within a salary
range.
.14 Base Cost of Living Adjustment. An increase in compensation within a position’s salary range of one
step level to another step level the first full pay period following July 1.
.15 Vacation Leave. A paid leave of absence taken by an employee using accrued vacation leave hours.
.16 Workday. A workday begins at 12:01 a.m. and ends at midnight the same day.
.17 Workweek—General. A workweek is the time beginning at 12:01 a.m. on Saturday and ending at 12
midnight the following Friday.
.18 Workweek—9/80 Schedule. The workweek for employees on a 9/80 schedule begins four hours after the
standard start time of their shift on the eight-hour workday and ends 168 hours later.
.19 Volunteer. A Volunteer is an individual over the age of 18 who voluntarily offers himself or herself for
a service or undertaking to Kern County without pay.
105. Position Classification and Compensation. Government Code section 25300 authorizes the Board of
Supervisors to prescribe the compensation of all county officer and provide for the number, compensation, tenure,
appointment, and conditions of employment of county employees.
.1 Position Classification Criteria. The Board of Supervisors classifies each position based upon the
character of the work required, and the duties and responsibilities. They assign each position a separate item number,
position title, and salary range by resolution, published in the Departmental Positions and Salary Schedule.
.2 New Classifications. The Chief Human Resources Officer recommends the position title and salary range
for all new classifications to the Board of Supervisors.
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.3 Job Specifications. The specifications for each position filed with the Human Resources Division
prescribe the title, definition, essential functions, and employment standards for each classification. The Civil Service
Commission approves all specifications with the following exceptions:
a. At Will Positions. The job specifications for “at will” positions (i.e., those positions exempt from
the Civil Service System) shall be approved by the Chief Human Resources Officer.
b. State Prescribed Qualifications. All qualifications prescribed by State constitution or statute will
be stated in the job specification.
106. Position Reclassification. Position reclassifications occur if an employee is performing work that is outside
the essential functions prescribed in the employee’s job specification. The Chief Human Resources Officer, appointing
authority, or an incumbent employee may request a reclassification study.
A request for a reclassification study to the Human Resources Division shall include:
a. A letter with the rationale supporting the request and an explanation of the cost impact and funding
source. If a State or federal law, rule, or regulation change is the basis for the request, attach a copy
of the document, and an analysis of the requirements.
b. A Classification Questionnaire prepared by the employee occupying the position.
c. An organizational chart showing the changes the request will have on other positions in the
department.
.1 Human Resources Division Review. The Chief Human Resources Officer or his/her designee shall
determine whether to conduct a reclassification study. If a study is completed, the report shall determine whether a
reclassification of the affected position is recommended.
.2 Board of Supervisors Action. The Chief Human Resources Officer prepares a report to the Board of
Supervisors with his/her recommendation, including an explanation and justification of the proposed reclassification
actions, an estimate of annual salary and benefit cost increases/decreases, and a funding proposal for each
recommended change.
.3 Title Change Only. The Chief Human Resources Officer may approve reclassification requests that only
result in a title change.
.4 Approval of Reclassification. Approval of a reclassification request shall not cause a decrease in an
employee’s base salary and shall not modify an employee’s current anniversary date. If a reclassification to a lower
salary classification is approved, all incumbent employees shall be Y-rated within the new classification.
107. Assignment of Duties Outside of Classification (Working Out-of-Class). An appointing authority may
temporarily assign a regular employee to perform duties normally assigned to a higher or lower salary classification
for up to 30 consecutive calendar days without changing the employee’s position classification or salary.
All extended out-of-class assignments beyond the 30-day period must have prior approval of the Chief Human
Resources Officer. All extended out-of-class assignments must be in the best interest of the County. The appointing
authority may request an extended out-of-class assignment when the incumbent is incapacitated or when a permanent
employee is temporarily not available for appointment. Requests should include a statement of justification and the
estimated dates for the extended out-of-class assignment. Departments shall not use extended out-of-class assignments
in lieu of filling vacant positions through the normal appointment process. This section does not apply to vacation
relief assignments.
.1 Duration. All extended out-of-class assignments and any related compensation will automatically
terminate at six months from the original date of assignment, unless prior approval from the Chief Human Resources
Officer for an extension beyond the six-month period is given. The appointing authority may terminate extended out-
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of-class assignments at any time prior to the six-month termination date and must notify the Chief Human Resources
Officer.
.2 Extended Out-of-class Compensation. Extended out-of-class compensation is the new temporary base
salary for an extended out-of-class assignment in a position with a higher salary. The compensation shall be at least
one step level increment higher than the employee’s current base salary. If the out-of-class assignment is in a position
with a lower base salary, the employee continues to receive his/her regular pay. The employee returns to his/her
permanent position and salary range when the temporary assignment ends.
.3 Employee Status. Civil Service status and classification title for employees receiving special salary
compensation for the extended out-of-class assignment are unchanged. An employee’s anniversary date remains the
same as if the extended out-of-class assignment had not occurred.
108. Employees Working in Two Classifications. Board of Supervisors’ approval is required if an employee is
employed to work in two classifications when the employment will result in the employee working more than a total
of 40 working hours in any one workweek, authorized overtime excepted.
109. Salary Range and Base Cost of Living Adjustment Step Levels.
.1 Salary Range and Step Levels. The salary range for each position includes ten numerical Base Cost of
Living Adjustment (COLA) step levels, denoted as Steps 1-10, with 2% incremental growth between each COLA
step.
.2 Step Y. This is the rate of compensation for an employee reclassified to a position with a lower salary
range in which Step 10 provides a rate of compensation lower than the rate then earned by the employee. Step Y is
the employee’s rate of compensation immediately prior to the reclassification. The employee continues in Step Y until
the salary range in the reclassified position exceeds Step Y, or the employee transfers to a position that provides a rate
of compensation greater than Step Y.
.3 Step Level at Hiring. The appointing authority determines the new employee’s step level upon
appointment.
.4 Step Level at Promotion. The appointing authority determines the promoted employee’s step level upon
promotion, which shall be at least an increase of 5% above the employee's current salary, unless the new position’s
step 10 is less than 5% higher than the employee’s current salary.
.5 Termination and Reemployment—Step Level. An employee who terminates employment for any reason
and rehired within 30 days of termination into the same classification, retains the step level obtained at termination.
The period of absence does not count as continuous service and the employee’s anniversary date extends accordingly.
If the break in employment is over 30 days, the appointing authority determines the new step level upon reappointment.
.6 Salary Range Adjustment—Step Level. If the Board of Supervisors adjusts the salary range for a position,
the department head may determine that there is cause to deny the compensation increase and may place the employee
at a step level within the new salary range which most closely corresponds to, but is not less than, the compensation
that the employee was receiving prior to the salary range adjustment.
110. Base Cost of Living Adjustments. Annual Base Cost of Living Adjustments are effective on the first day of
the payroll period following July 1. Advancement between steps is not based on employee performance.
111. High-Performance Step Adjustments. Notwithstanding section 110, a Department Head may recommend and
request a High-Performance Step Adjustment for an employee on the salary range to recognize and reward high
performance. It is the intent of this section to provide Department Heads the ability to reward extraordinary
performance by an employee. The request can be made once per fiscal year for up to three steps (6%)
for Outstanding performance by any individual employee.
High-Performance Step Adjustments can be requested throughout the fiscal year except for the pay period in which
the annual Base COLA adjustments are made. Each request must be made in writing to the Chief Human Resources
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Officer and accompanied with documentation supporting the employee’s exemplary performance. The Chief Human
Resources Officer shall review and approve or deny the request within 14 calendar days of receipt. Requests may be
denied if deemed inconsistent with the intent of this section, if they do not meet the required justification, or due to
concerns over the fiscal impact. All requests must be accommodated within the requesting departments existing
budget. If approved, the step adjustment will be effective the first full pay period following approval and shall not be
retroactive. (Rev. 11/22)
112. Kern$Flex Pay. Managers, mid-managers, and confidential employees qualify for Kern$Flex, a flexible
benefits plan. The County’s contribution is the greater of a set percentage of the employee’s base salary or the
minimum bi-weekly contribution. In the event a qualified employee works out-of-class, Kern$Flex will also apply to
out-of-class pay earned. (Rev. 09/09) The minimum bi-weekly contributions are as follows:
Confidential $46.15
Mid-managers $57.69
Managers $69.23
Assistant Department Heads $80.77
Department Heads/Elected Officials $92.31
113. Fees, Commissions, Other Compensation. All fees, commissions, or other compensation of any nature
received by an officer or employee in their official County capacity that is in addition to the compensation paid by the
County will be turned into the employee’s department and paid into the County treasury unless otherwise specifically
provided by any provision of this Manual or the County Ordinance Code.
114. Other Pay Allowances. Refer to the applicable MOU.
115. Deputies. Every County officer, except members of the Board of Supervisors, may name as their deputies in
the manner prescribed by law such persons herein classified and employed within their office as such officers in their
discretion shall determine. If an officer appoints a non-county employee as a deputy, this deputy serves without
compensation or benefits. However, if requested in advance, the Board of Supervisors may approve that these deputies
receive actual and necessary traveling expenses incurred in performing duties requested by the appointing County
officer at the same rate as a County employee.
116. Work Schedules.
.1 Maximum Working Hours. No regularly scheduled full-time or part-time employee will be employed to
work for more than a total of 40 working hours in any one workweek, authorized overtime excepted.
.2 9/80 Work Schedule. Employees on a 9/80 work schedule work eight nine-hour workdays and one eighthour workday each pay period. The eight-hour workday and the day off shall occur on the same day of the week in
consecutive weeks.
.3 4/10 Work Schedule. Employees assigned to work a 10-hour workday on a four day per week regular
work schedule.
.4 12-hour Work Schedule. Employees assigned to work a 12-hour workday on a three or four day per week
regular work schedule.
.5 Flexible Schedules. Upon mutual written agreement of the appointing authority and an employee, the
employee may be permitted to work a flexible schedule for a specified term that allows the employee to arrive or
depart at other than normal work schedule times, provided that each workweek does not exceed 40 hours.
.6 Special Work Schedules. Departments with operational cycles that require scheduling employees on other
than their normal five, eight-hour days per week schedule must post, in advance, a written schedule of the complete
operational cycle for each employee that provides for no more than 40 hours per employee workweek. The schedule
must be posted in a place accessible to the employees.
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.7 Variable, Project-Based Schedule. Departments requiring employee assignment on a project basis
involving variable time periods must designate the employee in writing. The department head should establish the
employee’s estimated work schedule as far in advance as possible, and the schedule will be based on 40 hours in a
workweek.
.8 Reduced Work Schedule. A reduced work schedule permits an employee temporarily to work a regular
work schedule of less than a typical amount per pay period. A reduced work schedule cannot be less than 40 hours
biweekly for a full-time employee or 20 hours biweekly for a part-time employee. A request to start, change, or cancel
a reduced work schedule may be initiated by either an employee or the employer, and must be submitted two weeks
in advance of the effective date. The mutually agreed upon reduced work schedule must be documented by a written
letter of agreement, signed by the appointing authority and the employee, and submitted to the Human Resources
Division and placed in the employee’s personnel file. The agreement cannot exceed one year in duration. The
agreement must include as a minimum the following information:
a. Name and classification of employee;
b. Beginning and ending date of period of reduced work schedule;
c. Description of existing and reduced work schedule; and
d. Statement that there is an understanding that a request for a change or a cancellation of the agreed
upon reduced work schedule must be submitted two weeks in advance of the requested
change/cancellation.
.9 Voluntary Furlough Program. A work furlough permits an employee to periodically take time off without
compensation. The number of hours of furlough cannot exceed 40 hours biweekly for a full-time employee or 20 hours
biweekly for a part-time employee. An employee may request uncompensated time off as a furlough by submitting a
written request showing the dates and hours requested as furlough for department head approval.
.10 Payroll Considerations. Payroll considerations for alternate work schedules compensated at less than
40 hours per week, including voluntary furloughs, are as follows:
a. In the case of voluntary furloughs, include furlough hours on the Attendance Report using the
furlough code. In the case of reduced work schedules, report the actual time worked on the
Attendance Report. In the comments section, include the number of hours without pay due to
reduced work schedule.
b. The County considers time off without pay under a reduced work schedule or furlough time worked
for the following purposes: computing seniority, probationary period completion, promotions, step
level increments, and longevity pay.
c. Paid sick leave and vacation will accrue pro-rata based upon hours paid. Holiday pay is governed
in the same manner as for part-time employees. Health Plan eligibility is based on the number of
hours paid.
d. All retirement service credit and contributions for part-time employees who are members of the
Kern County Employees’ Retirement Association will be paid on actual hours worked for eligible
employees who work 20 hours per week or more.
e. Time off without pay as a furlough or under a reduced work schedule is not considered hours worked
for overtime compensation purposes except in the event an employee is called back to work.
f. Longevity and shift differential pay paid as a premium percentage based on hours worked.
g. Those employees classified as exempt may not reduce their workweek or otherwise voluntarily
furlough in increments of less than one day. Exempt employees may request alternate work
schedules.
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117. Overtime. The provisions of this Chapter concerning overtime shall be supplemental to, governed by, and
construed consistently with Chapter 3.24 of Title 3 of the Ordinance Code.
.1 Authorization. Only a department head or designee authorized in writing by the department head may
authorize overtime work. Overtime costs are requested and approved as a part of the annual budget process.
.2 Authorized Overtime Defined. Authorized overtime is defined as follows:
a. Normal Work Schedule. Time worked in excess of 40 hours in a workweek for employees on a
normal work schedule.
b. 9/80 Schedule. Time worked in excess of nine hours in a workday or 40 hours in a workweek for
employees assigned to work a 9/80 schedule. (see Section 104.18 for 9/80 workweek definition.)
c. 4/10 Work Schedule. Time worked in excess of 40 hours in a workweek for employees assigned to
work a ten-hour workday for four days per week as their regular schedule.
d. 12-hour Workday. Time worked in excess of 40 hours in a workweek for employees assigned to
work a 12-hour workday three or four days per week as their regular work schedule.
e. Special Work Schedules. For work schedules established under subdivision H of Ordinance Code
section 3.24.020, time worked in excess of the work schedule established by the department head
for employees on other than the normal work schedule or time worked in excess of 40 hours per
week.
f. Project Based Variable Work Schedule. Time worked in excess of eight hours in a workday or 40
hours in a workweek.
g. Flexible Schedule. Employees working a flexible schedule during any week with the permission of
the department head shall be paid overtime only for hours worked in excess of 40 hours during any
such week.
h. Memoranda of Understanding – Employee contract. As otherwise provided for in an MOU or a
contract with a contract employee. The terms and conditions of the contract or MOU supersede any
contrary provisions of the Ordinance Code or this Chapter.
i. Unrepresented Employees. Non-productive paid hours such as vacation, sick leave, compensatory
time-off, etc. shall not count as actual hours worked under this section. Work time spent on jury
duty or paid holiday time off shall be considered hours worked under this section.
.3 Extra Help Employees. Extra help employees will receive overtime compensation for all hours worked
in excess of 40 hours in a workweek. Notwithstanding any other provision of this Chapter, in no event shall an extra
help employee receive overtime compensation in excess of what a regular employee in the same classification,
working the same hours, would receive. At the County’s option, this overtime may be paid as compensatory time off.
.4 Exempt Employees—General. Those employees classified as management and mid-management,
attorneys in County Counsel’s or Public Defender’s Office, Board of Supervisors’ staff and others exempted from
Chapter 3.24 of the Ordinance Code by the Board of Supervisors are exempt from overtime provisions of Chapter
3.24.
a. When, due to extraordinary circumstances, substantial additional work has been performed beyond
reasonable job requirements of these exempt employees, the department head may grant limited
paid time off to the employee.
b. At the request of a department head, the Board of Supervisors may by resolution designate specified
management and mid-management personnel as eligible to receive overtime.
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.5 Exempt Employees During an Emergency. During an emergency requiring the activation of either the
County Emergency Operations Center and/or a departmental emergency operation center, the County Administrative
Officer may approve additional pay for employees exempt from the provisions of this chapter if the emergency is of
sufficient duration and degree to warrant such pay. The affected employees must be sheriff, fire, or other safety
personnel defined under the Fair Labor Standards Act or, if non-safety personnel, the employees must be primarily
engaged in extraordinary work above and beyond their usual duties.
Exempt employees are eligible for this additional pay for all hours worked over and above eight (8) hours in a single
day. Exempt employees shall be paid, at their regular hourly rate, for each additional hour worked between the hours
of 5:00 p.m. and 8:00 a.m. Monday through Friday morning, and any hours worked from 5:00 p.m. Friday until 8:00
a.m. Monday morning. Employees shall be paid cash in lieu of compensatory time.
If there is any reimbursement from Federal or State agencies, all departments whose exempt employees have
received such additional pay shall submit the additional pay as “overtime” or “additional pay” for Federal and State
reporting purposes.
Within one month after the cessation of the emergency, the County Administrative Office shall present a report to
the Board of Supervisors detailing the additional amounts paid, as well as any reimbursement anticipated or
received.
.6 Employees Working in Two Departments. An employee who works in two or more departments in any
combination of full-time, part-time, or as extra help is entitled to compensatory time off or paid overtime pursuant to
section 116.2 only for the overtime worked in one department, except as required by law. All other hours worked in
any other department shall be compensated at the employee’s regular rate of pay for the position involved. Such
employee may only be authorized to work overtime in a single department during any workweek, unless authorized
by the Board of Supervisors.
.7 Shift Changes. Routine shift changes in workday schedules that cause working hours in excess of a regular
workweek will not entitle an employee to any overtime compensation, nor will an employee be penalized by loss of
pay if such shift change causes working hours of less than the regular working week.
.8 Public Emergency. A public emergency is a declaration by the Board of Supervisors based on either a
public calamity due to fire, flood, earthquake, riot, insurrection, pestilence or other catastrophe adversely affecting the
public peace, health, safety or general welfare.
a. The Board of Supervisors, after receiving request from the department head and recommendation
from the administrative officer, may approve cash compensation for authorized overtime worked by
non-exempt employees in emergency situations or when due to unusual circumstances it would
create an extreme hardship for the office, department, or institution involved to conform to the
provisions relating to compensatory time off. Such compensation will be at the rate of one and onehalf (1 ½) times the non-exempt employee’s regular rate of compensation.
.9 Call-back Overtime and Stand-by Pay. Refer to the applicable MOU for represented employees.
Otherwise eligible unrepresented employees are entitled to call back overtime, standby pay and court standby pay as
provided for in the MOU covering represented employees working in the same classification, on the same shift and
for the same number of hours as the unrepresented employee. When such is not the case, reference Ordinance Code
sections 3.24.010(B) and 3.24.090 for call back overtime and Ordinance Code sections 3.24.010 subdivisions (G) and
(H), 3.24.100, 3.24.110 and 3.24.120 for standby pay.
.10 Computation of Overtime. Overtime shall be calculated in accordance with section 3.24.160 of the
Ordinance Code.
.11 Regularly Scheduled Overtime. Notwithstanding any other provision of this Chapter, in the event that
authorized overtime is regularly scheduled and is included in an employee’s “compensation earnable,” as defined in
Government Code section 31461, the overtime must be approved by the Board of Supervisors.
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118. Compensatory Time Off (CTO). A regular employee is entitled to receive CTO in lieu of paid overtime at
the rate of one and one-half hour for each hour of overtime worked. Compensatory time off shall be included in any
computation of time used as a measure of any employee benefit or salary schedule.
.1 Approval. Department heads must approve the time when an employee will take CTO.
.2 Maximum Hours. Employees cannot accumulate more than 120 hours of CTO credit, unless recommended
by the County Administrative Officer and approved by the Board of Supervisors. Additional hours will only be
allowed for those employees involved in seasonal work requiring significant overtime, and where predictable slack
work periods will permit reduction of CTO balances to no more than 120 hours of credit. To request additional hours
the department should submit a letter to the County Administrative Officer, including the names of the employees
involved, requested maximum hours accumulation, justification for the additional hours, and anticipated time of year
when the CTO balance will be reduced.
.3 Departmental Training Meetings. If an employee is required by the department head to attend a special
departmental training meeting during off-duty hours, the employee is entitled to CTO at the rate of one and one-half
hour for each hour of attendance at the meeting.
.4 Cash Payment in Lieu of CTO. The Board of Supervisors, after receiving request from the department
head and recommendation from the County Administrative Officer, may approve cash compensation for authorized
overtime worked in emergency situations or when due to unusual circumstances it would create an extreme hardship
for the office, department, or institution involved to conform to the provisions relating to compensatory time off.
.5 Payment Upon Separation. Employees are entitled to a cash payment of CTO balances upon separation.
When an employee is leaving employment, the employee should be encouraged to take CTO so that the employee’s
CTO balance is zero upon separation. For employees transferring from one department to another, the department
head should arrange work schedules so that the CTO balance is reduced as much as possible prior to transfer. The
CTO balance may be carried over to the receiving department; however, the receiving department should be notified
of the balance. Otherwise, the employee should receive payment for the CTO balance from the department that they
are leaving.
119. Paid Sick Leave.
Only probationary, temporary, provisional, elected/appointed, and permanent employees are eligible to accrue sick
leave.
Eligible employees commence accruing paid sick leave on the first date of employment. Paid sick leave may be taken
as it is accrued.
.1 Accrual Rate and Maximum Accrual. The maximum paid sick leave accrual and the accrual rate for
represented employees are as specified in the applicable MOU. The maximum paid sick leave accrual and the accrual
rate for part-time employees shall be proportionate to the maximum accrual and accrual rate of full-time employees
based on the number of regular hours worked per pay period by the part time employee.
Non-elected management, mid-management, and confidential employees accrue paid sick leave as follows:
TYPE OF HOURS
WORKED
YEARS OF
CONTINUOUS
SERVICE
BIWEEKLY
ACCRUAL
ANNUAL
ACCRUAL
MAXIMUM
ACCRUAL
Regular Biweekly 0 through 5 2.66667 hrs. 8.67 Days
Regular Biweekly 6 or more 3.69231 hrs. 12 Days 1152 max hours
Hourly rate and elected employees accrue paid sick leave as follows:
TYPE OF HOURS
WORKED
BIWEEKLY
ACCRUAL
MAXIMUM
ACCRUAL
Kern County Policy and Administrative Procedures Manual 1:10
Regular Biweekly 2.66667 hrs. 48 hrs.
.2 Use of Paid Sick Leave. Upon an oral or written request, an employee shall be permitted to use sick leave
for the purposes required by Labor Code section 246.5, including the:
a. For the diagnosis, care, or treatment of an existing health condition of, or preventative care for, an
employee or an employee’s family member. Use of paid sick leave for an employee’s family member is
limited to a maximum of 80 hours per calendar year, or up to 6 on duty days per year for 56-hour
employees working for the Fire Department
b. For an employee who is a victim of domestic violence, sexual assault, or stalking, the purposes described
in Labor Code section 230.2 (c).
c. For the purposes of this section, “family member” is generally defined by Labor Code section 245.5 (c),
and shall include an employee’s child (biological, adopted, foster child, stepchild, legal ward, or child
to whom the employee stands in loco parentis), parent (biological, adopted, foster parent, stepparent,
legal guardian, or person who stood in loco parentis when the employee was a minor child), spouse,
registered domestic partner, grandparent, grandchild, sibling, parent-in-law, grandparent-in-law, siblingin-law, or designated person identified by the employee at the time of the leave.
d. A “designated person” means any individual related by blood or whose association with the employee
is the equivalent of a family relationship. An employee is limited to one designated person per 12-month
period.
e. Departments shall not deny an employee the right to use paid sick leave, or discharge, threaten to
discharge, demote, suspend, or in any manner discriminate against an employee for using paid sick leave,
or attempting to exercise the right to use paid sick leave.
.3 Doctor’s Certificate. Use of accrued sick leave is permitted for illness which prevents you from
performing your normal job functions. The County also encourages employees to refrain from reporting for duty when
ill. In order to promote a healthy and productive, work environment employees may utilize accrued sick leave,
vacation, alternate days off or compensatory time for the purposes prescribed by Labor Code section 246.5; which
includes the diagnosis, care or treatment of an existing health condition or preventative care for an employee or an
employee’s family member. Employees seeking a leave of absence under FMLA, CFRA, or PDL are directed to
comply with the requirements of the applicable leave program.
All employees are expected to comply with the policies of their department when requesting use of accrued vacation,
alternate days off or compensatory time. The County expects employees will refrain from claiming illness to
circumvent the applicable policies for requesting the use of accrued vacation, alternate days off or compensatory time.
An employee using accrued vacation, alternate days off or compensatory time for the purposes prescribed by Labor
Code section 246.5 in lieu of accrued sick leave may be required to submit a doctor’s certificate upon the request of
the department head or the County Administrative Officer when the employee intends to use accrued leave time, other
than accrued sick leave hours, to cover absences of three consecutive days, or three days in one month. An employee
may be subject to discipline, (up to and including termination) for the knowing misrepresentation regarding the nature
of paid time off with the intention of circumventing departmental leave policies.
.4 Bonus Pay for Unused Paid Sick Leave. The annual cash bonus for unused paid sick leave is provided
within the applicable MOU. Management, mid-management and confidential employees are eligible to receive an
annual cash bonus equal to 24 hours at their regular rate of pay if on the last day of the last payroll period to be paid
in the calendar year they have accrued the maximum amount of paid sick leave and have used 10 hours of paid sick
leave or less during the previous 26 payroll periods. The bonus is automatically paid.
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.5 Effect of Leave of Absence—Accrual Rate. An authorized leave of absence without pay or qualifying
military leave does not constitute a break in service for the purpose of determining the employee’s paid sick leave
accrual rate, but paid sick leave credit is not earned during the leave period.
.6 Disposition Upon Termination. If an employee terminates his or her employment and is rehired by the
employer within one year from the date of termination, previously accrued and unused paid sick leave shall be
reinstated. The employee shall be entitled to use previously accrued and unused paid sick leave upon rehiring.
.7 Payment Upon Retirement or Death. The percentage payment of sick leave balances when a represented
employee retires, or dies is provided for in the applicable MOU. The following applies to non-elected management,
mid-management, and confidential employees. Extra help, hourly rate and elected employees are not eligible for
payment of unused sick leave balance.
When an employee retires (excepting deferred and disability retirement), or if an employee dies, the following
percentages will be paid to the employee or the employee’s estate:
Less than 20 years of continuous service: 50%
More than 20 years and less than 25 years of continuous service: 75%
25 or more years of continuous service: 100%
.8 Fire Department—Conversion of Balances. If an employee’s basis of service is changed to or from a
56-hour work schedule, any sick leave balance at the time of the change will be converted to an equivalent balance
under the employee’s new basis of employment.
120. Bereavement Leave. This Section shall apply to all employees, as defined below, unless covered by a
Memorandum of Understanding, which includes bereavement leave equivalent to or greater than that provided in
subsection 2.
.1 Definitions.
a. “Employee” means a person employed with Kern County for at least 30 days prior to the commencement
of the leave provided by this Section.
b. “Family member” means a spouse or a child, parent, sibling, grandparent, grandchild, domestic partner,
or parent-in-law as defined in Government Code section 12945.2.
c. “Documentation” includes a death certificate, a published obituary, or written verification of death,
burial, or memorial services from a mortuary, funeral home, burial society, crematorium, religious
institution, or governmental agency.
.2 Bereavement Leave. Employees shall be entitled to take up to five days of paid leave upon the death of a
family member. Such leave need not be consecutive but must be taken within three months of the date of death.
.3 Documentation. Within 30 days of the first day of the leave taken pursuant to this Section, the employee
shall provide their department with documentation of the death of the family member. Such documentation shall be
maintained as confidential and shall not be disclosed except to internal personnel or counsel, as necessary, or as
required by law.
121. Vacation Leave. Only probationary, temporary, provisional, and permanent employees are eligible to accrue
vacation leave. (See section 121 for excluded employees.) Vacation leave is accrued each payroll period. Each
employee’s vacation balance is increased by the vacation time earned (accrued) and decreased by vacation time taken.
Employees will only be credited with the amount of vacation time actually earned at the rate and the time of accrual,
irrespective of the total amount of vacation time that an employee may earn in any one-year period of employment.
Employees may use their accrued vacation leave at any time, subject to department head approval and provided that
the amount taken at one time does not exceed twice the amount the employee currently earns for one year. Any
employee becoming ill while on vacation leave may substitute sick leave for vacation leave only while hospitalized.
.1 Authorization. Department heads are responsible for approving vacation leave requests. A department
head may refuse a request for good cause, defined as substantial detriment to the proper and efficient operation of the
Kern County Policy and Administrative Procedures Manual 1:12
department. The employee may appeal a department head’s refusal in writing to the Board of Supervisors, which may
overturn the department head only if it is found that the department head acted in an arbitrary manner or without good
and sufficient cause.
.2 Accrual Rate. The vacation leave accrual rate is as provided with the applicable MOU. Part-time
employees will earn vacation leave at a rate proportionate to full-time employees based on the number of regular hours
worked by the part-time employee per pay period in relation to 80 hours.
The accrual rate for management, mid-management, and confidential employees is as follows:
Length of Service
Biweekly
Accrual Rate
Annual
Accrual
Maximum
Accrual
0 (Start of first year)
through 4 years 3.69231 96 hrs. 312 hrs.
5 (Start of fifth year)
through 9 years 5.23077 136 hrs. 432 hrs.
10 (Start of tenth year)
through 14 years 6.76923 176 hrs. 552 hrs.
15 years (Start of fifteenth year and after) 8.30769 216 hrs. 672 hrs.
.3 Maximum Accrual. An employee’s vacation time balance (accrual) may not exceed the stated maximum
amounts. If the maximum amounts are reached, the employee will not earn (accrue) vacation leave until the vacation
leave balance is reduced below the maximum.
.4 New Employees. New employees will accrue vacation leave after the first day of regular and continuous
employment. They may use all accrued vacation leave in accordance with this policy or the applicable MOU.
.5 Effect of Other Leaves—Accrual Rate. An authorized leave of absence without pay or qualifying military
leave does not constitute a break in service for the purpose of determining the employee’s vacation accrual rate, but
vacation credit is not earned during these leave periods.
.6 In-lieu Compensation. Wages will not be paid in lieu of taking vacation leave.
.7 Disposition Upon Separation. Employees separating from County service, for any reason, will receive
payment for their vacation leave balance as of the termination date calculated at the employee’s current compensation
rate.
.8 Terminal Vacation. Only employees leaving County service by retirement are allowed to take terminal
vacation immediately prior to separation. Retiring employees, including those receiving a disability retirement, may
elect to take paid vacation leave immediately prior to their retirement date in the amount of their vacation leave
balance, or may receive a cash payment for their vacation leave balance.
a. Effect on Employee’s Position. If an employee elects to take terminal vacation, the employee’s
position is deemed vacant on the date the terminal vacation (retirement) begins and the department
may take action to fill the position.
b. Employee’s Status. During terminal vacation, the employee is in a special employment status in
that the employee remains a County employee only for the purpose of receiving compensation, but
has no other status or powers associated with the position vacated, and upon commencement of the
terminal vacation shall have no right to return to the position vacated without the authorization of
the appointing authority, whose decision shall be final.
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.9 Reemployment or Transfer to Extra Help. When a terminated employee is reemployed in a regular
classified and budgeted position within 30 days of the date of termination, the employee’s seniority is restored for the
purpose of determining the employee’s vacation leave accrual rate and maximum accrual. When an employee transfers
from a regular classified and budgeted position to extra help employment and is retransferred to a regular classified
and budgeted position within 30 days of the original transfer, seniority for purposes vacation accrual rates and
maximum accruals shall be restored.
.10 Transfer to Extra Help Without Retransfer. Employees electing to transfer to an extra help position with
an accrued vacation leave balance must deplete their vacation leave balance within nine months of the date of transfer
or the vacation leave balance will lapse, and the employee will be paid for the vacation leave balance at the employee’s
then present compensation rate.
.11 Transfer to Part-Time Position. If an employee’s transfer from a full-time to a part-time position causes
the employee to exceed the maximum vacation leave accrual for the part-time position, the employee will be paid for
that amount of the vacation leave balance over the maximum allowed.
.12 Fire Department—Conversion of Balances. If an employee’s basis of service is changed to or from a
56-hour work schedule, any vacation leave balance at the time of the change will be converted to an equivalent balance
under the employee’s new basis of employment.
.13 Cash Payment of Accrued Vacation Balance—Financial Hardship. If an employee incurs a serious
financial hardship because of family illness or death, the employee may request in writing, with supporting
justifications, to cash out any vacation leave balance. If approved by the department head, a Claim for Payment will
be submitted to the Auditor-Controller-County Clerk. Disputes arising from the department head’s decision will be
resolved by the Employee Grievance Procedure (Exhibit A).
122. Vacation and Sick Leave Benefits—Exclusions. Extra help employees, employees whose compensation is
fixed at a flat hourly rate, elective officers, and members of appointed boards or commissions do not receive vacation
leave benefits. Members of appointed boards or commissions and extra help employees do not receive sick leave
benefits.
123. Vacation and Sick Leave Benefits—Disposition Upon Assuming Elective Office.
.1 Elected Officer. An elected County officer that has accrued during employment with the County sick
and/or vacation leave balances may at the time of assuming office either: 1) cash in the entire vacation balance and
the percentage of the sick leave provided for his/her position and seniority under section 118 of this Chapter at the
compensation level of the officer’s prior county employment; or 2) retain the sick and vacation leave balances while
serving as an elected officer; or 3) if reemployed as a County employee with 30 days of leaving the elected office,
retain such balances in accordance with the policies governing sick and vacation leave generally.
.2 Employees Appointed by the Board of Supervisors to Elective Office. Section 122.1 shall not apply to an
employee appointed by the Board of Supervisors to serve in an elective office because of a vacancy created by death,
retirement, resignation, or removal, provided the employee serves in the office for less than six months and, unless
prevented by circumstances beyond the control of the employee, returns to a regular classified position within 30 days
after leaving said office. If these requirements are satisfied, the employee will continue to accrue vacation and sick
leave benefits during the appointment period at the same rate that the employee would have been entitled to if not
appointed. The value of the employee’s sick leave and vacation balances shall at all times be in accordance with the
employee’s classified position.
124. Catastrophic Leave Pay. All unrepresented permanent full-time employees are eligible for catastrophic leave
pay in the manner described below. The purpose of catastrophic leave pay is to provide a portion or all of an
employee’s pay during the time the employee would otherwise be on an approved leave of absence under the
California Family Rights Act (“CFRA”), the Family and Medical Leave Act (“FMLA”), or Pregnancy Disability
Leave (“PDL”) pursuant to state and federal law. Catastrophic leave pay is contingent on the receipt of donated paid
time off in the manner described below.
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.1 Catastrophic leave pay does not increase or limit an employee’s rights to a leave of absence under County
policy, except that, the employee will continue in a paid status during that leave.
.2 Eligibility. An employee is eligible for catastrophic leave pay with certification of the need for a leave of
absence pursuant to CFRA, FMLA, and/or PDL, and after the employee has exhausted all accrued paid time off.
Employees may only donate accrued paid time off to another employee who becomes eligible for catastrophic leave
pay.
.3 Procedure. To begin receiving catastrophic leave donations, employees must submit a written request to
the Human Resources Division with sufficient information to enable the Chief Human Resources Officer or his/her
designee to determine whether they are eligible. Accrued paid time off may be pledged for possible donation to
employees who are eligible for catastrophic leave donations. Pledged paid time off hours will be noted on a list in the
order received by the Human Resources Division. Pledged paid time off will be deducted as donated catastrophic
leave in the order received and only as actually used by the requesting employee.
.4 Donation Provisions. Employees requesting catastrophic leave pay or supportive co-workers are
responsible for canvassing other employees for catastrophic leave donations. Pledges and donations must be made
voluntarily and not through coercion. Pledges and donations must be made on the County-approved authorization
form. Pledged paid time off that is not used by the requesting employee will not be deducted from the pledging
employee’s accrued paid time off. All donations are irrevocable. Donations are taxable on the part of the recipient, in
accordance with IRS regulations, and are subject to withholding as required by law. Donations must be a minimum of
eight hours. The County will convert the donations to a dollar equivalent amount using the recipient’s hourly wages.
Only the dollar equivalent amount will be deducted as donated catastrophic leave.
.5 Health Insurance Coverage and Retirement Contributions. Health insurance coverage and retirement
contributions will continue in the same manner as if the recipient employee was on paid sick leave. The recipient
employee will not accrue additional paid time off while receiving catastrophic leave pay.
.6 Termination of Catastrophic Leave. Catastrophic leave terminates upon one or more of the following:
a. The employee has returned to duty from an eligible CFRA, FMLA, or PDL leave of absence; or
b. All donations are exhausted.
125. Holidays. Applicable MOUs provide the holiday schedule for represented employees. The holiday schedule
for unrepresented employees is as follows:
July 4th Christmas Day
Labor Day New Year’s Eve
Veterans Day New Year’s Day
Thanksgiving Day Martin Luther King’s Birthday
Day after Thanksgiving Day Presidents’ Day
Christmas Eve Memorial Day
.1 Days Observed. Holidays that fall on Saturdays are observed on the preceding Fridays. Holidays that fall
on Sundays are observed on the following Mondays. In a year in which Christmas and New Year’s Day fall on a
Saturday, the holidays are observed on Friday, and the Christmas Eve and New Year’s Eve holiday are observed on
the preceding Thursday. In a year in which Christmas Eve and New Year’s Eve fall on a Saturday or Sunday, the
holidays are observed on the preceding Friday.
.2 Eligibility—Exception. An employee who does not receive any pay the workday preceding a holiday is
not entitled to receive pay for that holiday.
.3 Effect of Leaves, Days Off. If a holiday falls on a day that an employee is absent on paid sick or vacation
leave, the holiday will not be charged against the employee’s leave balance. If a holiday falls on an employee’s
scheduled day off, the employee must be granted an alternate day off. Employees on a leave of absence without pay
will not be compensated for holidays.
Kern County Policy and Administrative Procedures Manual 1:15
.4 Work on a Holiday. When a department head requires a confidential, management, or mid-management
employee to work on a County holiday, the employee receives double their regular rate of pay for the holiday.
.5 Part-time Employees. This section only applies those part-time employees assigned a regular and definite
schedule to work at least two calendar days per week.
A part-time employee regularly scheduled to work on a holiday, but who is not required to work, receives time off
with pay for the number of hours for which he/she is regularly scheduled.
A part-time employee regularly scheduled and required to work on a holiday receives double their regular rate of pay
for all scheduled and worked hours, and their regular rate of pay for any hours scheduled, but not worked.
Any part-time employee who is required to work on a holiday that does not fall within the regularly designated work
schedule receives compensation according to the applicable overtime policies for that position.
126. Other Leaves and Time Off.
.1 Rest Periods. A department head may authorize rest periods not to exceed 15 minutes during each fourhour work period. An employee’s failure to take a rest period is not a basis for ending a workday early or for earning
overtime pay. Per Labor Code section 1030, departments must provide a reasonable amount of break time to
accommodate an employee desiring to express breast milk, unless doing so would seriously disrupt operations. The
break time should coincide with the employee’s paid break time. If not, the break time is unpaid. Departments must
also make a reasonable effort to provide lactating employees with the use of an appropriate facility for milk expression,
such as a vacant office. This statute specifically notes that a toilet stall is not an appropriate facility.
.2 Voting Time. An employee who does not have sufficient time outside of working hours to vote at a
Statewide election may take off enough working time such that, with available non-working time, the employee will
be able to vote. No more than two hours of this time will be paid time and must be taken at the beginning or end of
the regular working shift, whichever allows the employee to vote with the least time off, unless otherwise mutually
agreed. Employees are to give at least two working days’ notice of the need for time off to vote, or as soon as known.
At least 10 days before every Statewide election, department heads will conspicuously post these procedures regarding
time off for voting.
.3 Jury Duty and Court Witness. All regular full and part time and extra help employees shall be entitled to
time off without loss of pay when legally required pursuant to a duly served subpoena or other legal process to serve
on a jury or to appear as a witness in a criminal action or proceeding involving an event or transaction perceived or
investigated in the course of the employee’s official duties or to appear as a witness in civil action or proceeding,
including an administrative proceeding, involving an event or transaction perceived or investigated in the course of
the employee’s official duties. Such time off shall include any actual and necessary travel time from the regular place
of employment to the court or hearing place designated in the jury summons, subpoena or other legal process.
Employees receiving their regular compensation while on jury duty are ineligible to receive juror fees. Employees
are to advise jury services’ staff of their status as a County employee and that they are receiving their regular
compensation. Any fees or sums collected by employees for serving a court on their own time, such as vacation or on
an unscheduled workday, are retained by the employee, as is mileage reimbursement.
.4 Civil Service Examination. Employees are entitled to time off with pay, including travel time from and
returning to the employee’s regular work location, to take a civil service examination that is scheduled during the
employee’s normal working hours. The employee is to provide the department head with 48 hours’ notice. The
department head may request a certification from the Chief Human Resources Officer documenting the employee’s
presence at the examination and the duration of the exam.
.5 Department Head Absences. A department head must notify each member of the Board of Supervisors
and the County Administrative Officer via memorandum if he/she is to be absent for more than one week. Board of
Supervisors’ approval is required if a department head is absent from the State for more than 30 days (Gov. Code
section 1063).
Kern County Policy and Administrative Procedures Manual 1:16
.6 Paid Leave Time—Exempt Employees. Any officer or employee deemed “exempt” or “non-covered”
under the provisions of the Fair Labor Standards Act and who is subject to the “executive,” “administrative,” or
“professional” exemptions from overtime compensation under that Act, will not have his/her regular biweekly pay or
paid leave allowances subject to reduction on account of an absence from duty of less than a day. Upon a written
request to establish a catastrophic leave bank, an exempt employee may use less than eight (8) hours of paid leave
allowances for the purpose of catastrophic leave eligibility. “Paid leave allowances” include accrued vacation leave
credit, sick leave credit, administrative time-off credit, accumulated CTO, and any other entitlement to a paid leave of
absence.
.7 Pregnancy Related Leave. Accumulated sick leave may be used for pregnancy-related illness and
disability, childbirth, and postnatal recovery, subject to established procedures and limitations governing sick leave
usage. An employee shall be allowed to work through the pregnancy until physically or emotionally unable to meet
normal job demands.
At that time of “temporary disability”, the employee is to submit a request to the department head for use of
accumulated sick leave to cover the pregnancy-related disability period through childbirth and reasonable postnatal
recovery along with a physician’s statement specifying the probable date of delivery and probable date of return to
work. Use of sick leave for postnatal recovery is allowed only for the time the employee is actually unable to work,
with a maximum of fifteen working days following delivery allowable without further physician verification.
Disability that continues beyond the maximum duration will require verification by a physician and an additional
request for sick leave usage. Beyond the recovery point mentioned above, additional leave for childcare cannot be
charged to accumulated sick leave, but may be requested in the form of vacation, compensatory time off, or leave
without pay (personal). Refer to Chapter 2 for disability related provisions.
.8 Leave of Absence Without Pay. Submit a Change in Employee Status (CES) form and a Form 395-5230,
Request For Leave of Absence, along with a doctor’s note, to the Human Resources Division detailing the
circumstances and conditions of the leave. See Civil Service Rule 1202.00 for specific guidelines for leaves of absence.
.9 Leave of Absence—Health and Dental Plan Premium Payments.
a. Job-Connected Illness or Disability. The County will continue to pay medical and dental premiums
for the employee and dependents for up to one year. At the end of this time, the employee has the
option of continuing the health and dental plan at the employee’s personal expense.
b. Mandatory Leaves-of-Absence. In cases of non-job-related illness or disability, Family Care Leave
(maternity), and Intermittent and Military Leave, the County will continue to pay medical and dental
premiums for the employee and dependents for six full payroll periods plus the payroll period in
which the employee was first placed in a leave without pay status, providing the employee continues
to qualify for leave without pay. Following this time, continuation of the health and dental plans is
at the employee’s option as provided below.
c. Discretionary Leave-of-Absence Without Pay. In cases of personal necessity leave, military leave
other than as specified in Civil Service Rules 1202.00, or Educational/Personal Enrichment Leave
without pay, the County will not continue to pay the health and dental premiums while the employee
is on leave without pay status except as provided below.
d. Continuation of Health and Dental Plans While on Leave. To continue the health and dental plan
while on “leave without pay status,” after the allowable time period, the employee will pay in
advance the full amount of the premiums. Contact the Human Resources Division of the County
Administrative Office for instructions. When an employee returns to work, providing the employee
otherwise qualified for coverage, the employee will be covered by the health and dental plan without
a health statement.
If an employee does not arrange to continue medical and dental insurance premium payments during the leave of
absence, insurance coverage will be terminated after the period of County obligation.
Kern County Policy and Administrative Procedures Manual 1:17
.10 Rights Under California Family Rights Act (CFRA).
a. It is unlawful to refuse to hire, or to discharge, fine, suspend, expel, or discriminate against, any
individual, because the individual exercised the right to take a leave under the CFRA.
b. At the conclusion of a leave taken pursuant to CFRA, the employee must be reinstated to the same or an
equivalent job.
127. Industrial Accidents. The County has a wage continuation plan for employees who are sickened or injured
by an industrial accident. Labor Code section 4850 provides for up to fifty-two weeks leave of absence without loss
of pay for safety members who are sick or injured as a result of an industrial accident.
An injured employee is entitled to receive full pay without using accumulated sick leave during the first three days of
absence due to incapacity to work from industrial sickness or injury determined by the State workers’ compensation
law. However, the employee must deposit any compensation received during this period under the workers’
compensation law in the County treasury. The date of injury is counted as the first day.
After the three-day period, the employee has two options:
a. To take a leave of absence without loss of pay, for a maximum of the total workdays equal to the
employee’s accumulated sick leave balance. The employee’s sick leave balance is charged during
the leave of absence. Sick leave used during the absence is restored to the employee’s accumulated
balance on the basis of three days restored for each full week of disability (partial week disabilities
will be prorated accordingly). Any workers’ compensation payments received by the employee,
however, must be deposited into the County treasury.
b. To take a leave of absence without pay and receive workers’ compensation at the rate of two thirds
(2/3) of the employee’s biweekly rate, not to exceed the maximum weekly rate of $490.
The employee must choose one option; the two options cannot be combined.
Workers’ compensation payments are nontaxable for federal and State income tax and Social Security. The County’s
Return to Work Program information is contained in Exhibit D.
.1 Fire and Safety Personnel – 4850. Under Labor Code Section 4850, employees covered under Section
31469.3 and 31676.1 of the Public Employees Retirement Act of 1937, commonly referred to as safety members, are
entitled to a leave of absence with full pay for a maximum period of fifty-two aggregate weeks without using sick
leave or vacation balances for a work-related injury.
A Request for Payment of 4850 Time is submitted to Risk Management who then forwards the request to the AuditorController-County Clerk. A monthly report of workers’ compensation claims for each department is prepared by Risk
Management and forwarded to the Auditor-Controller-County Clerk. When a disability under Section 4850 is expected
to exceed three months, the employee may request changes to his/her federal and State exemptions.
.2 General Employees. Risk Management will determine if the claim is a valid Workers’ Compensation
Claim and, if so, commence paying benefits. Risk Management will notify the department of sick leave adjustments
to be made to the employee’s sick leave balance. A Change in Employee Status (CES) form is prepared to restore the
sick leave balance. The Auditor-Controller-County Clerk will cancel, or deposit Workers’ Compensation checks
returned to the County by the employee.
128. Break in Service/Employment—Exceptions and Effect Upon Return to Service/Reemployment.
.1 Non-job Connected Illness. Leaves of absence for any illness unconnected with employment with the
County which do not exceed 30 days at any one time shall not constitute a break in service and upon return to service
the employee shall return at the same step level for his position at which he left without credit for the period of his
absence on leave in determining his right to advance to a higher step level, and his anniversary date shall be extended
accordingly.
Kern County Policy and Administrative Procedures Manual 1:18
.2 Leaves of absence in excess of 30 days granted for any reason except as provided in subsections .3, .4,
and .5 of this section shall constitute a break in continuity of service, but not a break in employment.
.3 Job Connected Illness or Injury. Leaves of absence without pay and without limitation as to time granted
for injuries or illness suffered by an employee during the course and scope of his employment with the County and
during the period that such employee is drawing temporary disability insurance for such injury or illness under the
workers’ compensation laws of the State of California shall not constitute a break in service so far as vacation accrual
rates are concerned and the employee’s seniority with respect to vacation accrual rates shall be deemed restored upon
return to active service.
.4 Disability Retirement—Reemployment. Any employee who is granted a service-connected disability
retirement who is later determined by the retirement board to be no longer incapacitated and who is then reemployed
by the County is deemed to have been on an approved leave of absence without pay for the period of time the employee
received disability retirement. When reemployed, the employee is considered a new employee for the purposes of sick
leave credit or accrual rates, but so far as vacation accrual rates are concerned, the employee’s seniority with respect
to vacation accrual rates shall be deemed restored.
.5 Military Leave—Reemployment. A leave of absence to enter and entry into the Armed Forces of the
United States pursuant to and which specifically fulfills the requirements of section 389 et seq. of the Military and
Veterans Code and other applicable provisions of law which require the County to provide continuous service credit
and associated benefits as described for persons employed by the County who temporally leave employment for
military service provided the affected employee applies for reemployment with the County within 90 days, or within
such other time frame as may be specified by law, after discharge from the Armed Forces, where the discharge is
under conditions other than dishonorable.
129. Filling a Vacant Position. Departments seeking to fill a vacant position must submit the request to fill through
the Position Authorization program and receive County Administrative Office approval.
.1 CAO Approval. The County Administrative Office frequently reviews requests to fill vacancies. Requests
to fill should include anticipated date to hire. Only approved requests result in the opening of recruitment or
certification of names from an established eligible list.
.2 Recruitment and Certification. The Human Resources Division will begin recruitment to fill all CAOapproved requisitions, unless there is an established eligible list for the classification. The hiring department will
receive the list of certified names allowable upon establishment of an eligible list. The Human Resources Division
instructs all referred candidates to contact the department within five days to arrange a hiring interview.
.3 Interview and Selection. The hiring department interviews all referred candidates and selects one of the
eligible candidates. The hiring department arranges a hire date with the appointee and completes the forms necessary
for placing the employee on the payroll. The hiring department also notifies those referred candidates that were not
selected.
.4 Post-offer Physical Examinations. The Human Resources Division maintains a list of classifications
requiring post-offer physical examinations. The Human Resources Division arranges for any required post-offer
physical examination with the service provider and notifies the department when it receives physical examination
clearance.
130. Employee Transfers. An employee may transfer from one department as permitted by Rule 1000 of the Civil
Service Commission.
131. Retired Employee Hiring. Exhibit I establishes the policy for hiring retired employees with the Kern County
Employees’ Retirement Association system who desire to maintain their retired status. All other rehired retired
employees must go through the process of reinstatement to the retirement system.
132. Extra Help Appointments. Extra help employment is to be limited to instances of unusual and seasonal
department needs, such as special projects, staffing for absences in fixed-post positions, or in peak period workloads.
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Extra help employment cannot exceed two years after which there must be at least a 90-day break in service before
further extra help employment in any department may be authorized for that individual.
1 Definitions.
a. Full-time Extra Help. Extra help employment that is reasonably expected upon appointment to
exceed 59 hours worked per pay period or determined to have exceeded an average of 130 hours
worked per month during a respective look-back measurement period for existing extra help
employees.
b. Part-time Extra Help. Extra help employment that is reasonably expected upon appointment to be
59 hours worked or less per pay period or determined to have been to have been less than an average
of 130 hours worked per month during a respective look-back measurement period for existing extra
help employees.
c. Variable Hour Extra Help. Extra help employment that upon appointment, the appointing
department cannot adequately determine will exceed or be less than 59 hours worked per pay period.
d. Look-back Measurement Period. The time period from October 15 of the prior year through October
14 of current year.
e. Administrative Period. The time period from October 15 through December 31 of each year.
f. Stability Period. The time period from January 1 through December 31 of each year.
.2 Designation of Appointment Type. Each department must request approval of the County Administrative
Office through Position Control to solicit and accept applications for extra help employment. In each request, the
department must designate whether the appointment is for full-time extra help, part-time extra help, or variable hour
extra help employment.
.3 Employment Applications. Each department may solicit and accept applications and select an applicant
for extra help employment. Extra help applications are also submitted online and may be accessed by departments via
CountyNet upon approval of the Human Resources Division. Upon appointment, the department must attach the
approved appointment request and the application to the Notice of Employment (NOE).
.4 Determination of Ongoing Employee Status. Ongoing extra help employees will continue to have their
status measured annually by the appointing department based upon their average hours worked per month during the
annual look-back measurement period. If an ongoing extra help employee works an average of 130 hours or more per
month during the look-back measurement period, he or she shall be a full-time extra help employee for the following
stability period. If an ongoing extra help employee works an average of less than 130 hours per month during the lookback measurement period, he or she shall be a part-time extra help employee for the following stability period. The
County Administrative Office shall complete this determination and offer full-time extra help employees health
benefits coverage pursuant to the terms of the County health benefits eligibility policy within the associated
administrative period.
.5 Minimum Qualifications. Extra help employees must meet the minimum qualifications as regular
positions in the same classification. The NOE will not be processed until the Chief Human Resources Officer concurs
that the prospective employee meets the minimum qualifications.
.6 Positions. Extra help employees may be hired into any classification, whether or not the classification is
allocated as a budgeted position in the department.
.7 Offer of Health Benefits Coverage. Within 90 days of appointment, full-time extra help employees, if
deemed eligible, shall be offered coverage pursuant to the terms of the County health benefits eligibility policy.
Departments will be responsible to pay a flat biweekly charge for each full-time extra help employee, to cover
administrative and benefits funding costs.
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.8 Penalties for violation of maximum hours. Should any extra help employee, including full-time extra help,
work actual hours of 30 hours a week or more or an average of 130 hours a month or more, the employing department
will be responsible to pay any penalties associated to that individual that are assessed to the County under the
Affordable Care Act. Allocation of penalties related to benefits eligibility under the Affordable Care Act will be
determined by and will be at the discretion of the County Administrative Office.
133. Position Revision Requests Outside of Budget Process. To request a new position or the concurrent addition
and deletion of positions outside the budget process, prepare a letter of justification that includes the purpose, cost,
and funding sources. Submit the package to the County Administrative Office and Human Resources Division 30 days
prior to the anticipated Board of Supervisors meeting date.
If the County Administrative Office denies the request, the department will receive a written justification. If the request
is supported, the department will be authorized to prepare a letter to the Board of Supervisors. The Board letter must
contain a statement that the County Administrative Office either does or does not concur with the request. The
recommended Board action must include the effective date and referral to the Human Resources Division to amend
the Departmental Position and Salary Schedule. (Rev. 09/09) For example:
Therefore, IT IS RECOMMENDED that your Board approve the addition of one Account Clerk III position
and the concurrent deletion of one Typist Clerk III position, effective October 15, 20XX, and refer
amendment of the Departmental Position and Salary Schedule to the Human Resources Division.
134. Department Reorganizations. The Chief Operations Officer and Chief Human Resources Officer review and
approve all requests for organizational restructuring that change position assignments, reporting relationships, service
delivery, operation costs, etc. They total organizational structure and work assignment relationships will be reviewed.
A review of other functions, such as management procedures, assignment necessity, workflow, work standards, work
assignments, staffing levels, operational policies, cost analyses, and financing methods may also be conducted.
135. Employee Training and Development. Department heads are responsible for identifying department specific
training needs, establishing training programs to meet those needs, and creating an environment conducive to
employee development. The Chief Human Resources Officer coordinates countywide training, learning, and
development programs. Employee training and development programs are to facilitate the improvement of the quality
of service rendered to the public through a planned continuum of learning opportunities which prepare employees to
meet and adapt to changes in job requirements, increase the effectiveness of supervision and management, and
improve employee-management relations through increased understanding of organization objectives. Continuing
education programs are subject to the provisions in Chapter 3.
136. New Employee Orientation. All employees shall attend the countywide new employee orientation within the
first 90 days of their employment with the County. The Human Resources Division will hold the countywide new
employee orientation on a quarterly basis to ensure that all employees can meet this requirement.
137. Performance Evaluations. Employee performance evaluation reports are submitted to the Human Resources
Division at the three- and six-month probationary dates, and annually on the hiring anniversary date. For those
employees subject to a twelve-month probationary period, evaluation reports are filed at three-, six-, nine- and twelvemonth intervals from date of hiring, and thereafter annually on the employee’s anniversary date. The evaluation form,
which specifies the due date, will be sent to each department head approximately two pay periods in advance.
.1 Process. The mechanics of the performance evaluation are explained in the Rater’s Guide for Employee
Performance Reports. Department heads are to ensure the employees are counseled on their performance. The
employee’s signature is required on the report. An employee who disagrees with the rating may file a written statement
of reasons within 30 days after the date the evaluation is prepared. This statement must be signed by the employee
and department head and attached to each copy of the rating form.
.2 Record Maintenance. The Chief Human Resources Officer maintains records of evaluation ratings for
use in promotional examinations, determining order of layoff and reinstatement, and for recommendations relating to
transfer, demotion, and removal. The department retains a copy for the employee’s file. The original is placed in the
employee’s official personnel file.
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.3 Termination. A performance evaluation report must be completed when employment is terminated,
including retirement. These reports may be used if reinstatement or reemployment is considered.
.4 Evaluation ratings shall be confidential except that employees may, upon application at the County Human
Resources office, ascertain their own rating.
138. Special Performance Evaluations. A special performance evaluation should be completed when a change of
raters occurs within an annual cycle and at any time for commendation or disciplinary action.
139. Service Recognition.
.1 Board of Supervisors’ Resolution. Employees retiring with 25 or more years of service may receive a
Board of Supervisors Resolution. A request for Resolution should be placed on the departmental sub-agenda. Public
presentation of the Resolution is at the option of the employee.
.2 Retiring Reserve Deputy Sheriffs. A reserve deputy sheriff retiring after 15 or more years of service will
receive a retirement badge or other suitable item in recognition of the deputy’s meritorious service. The design,
engraving, and type and manner of presenting of the badge is at the discretion of the Sheriff, except that the badge
must clearly show that the bearer is not a County employee or a reserve deputy sheriff.
140. Disciplinary Actions. Any employee may be dismissed, suspended, reduced in rank and/or compensation,
reprimanded or otherwise disciplined for any action or conduct which in the judgment of the appointing authority
provides good cause for discipline under the Civil Service Rules or other laws, regulations, or policies. Civil Service
Rule 1700 et. seq. specifies the procedures for dismissal, suspension or reduction in rank or compensation for
employees in the classified service.
.1 County Counsel Review of Proposed Disciplinary Action. The department head must consult with County
Counsel prior to any suspension without pay, demotion, compensation reduction, or termination. County Counsel will
evaluate the merits of, and evidence to support, the disciplinary action and make a recommendation. County Counsel,
as a rule, will not represent a department before the Civil Service Commission unless that office has been afforded an
opportunity to make a thorough assessment of the discipline case before the disciplinary action is commenced by the
issuance of a notice of proposed action letter (i.e., Skelly letter) by the department. If County Counsel determines that
the proposed disciplinary action is warranted, it may represent the department in disciplinary actions before the Civil
Service Commission.
.2 Reprimand. Reprimands may be verbal and/or written, and in cases where the reprimand does not require
any action of dismissal, suspension, or compensation or rank reduction for employees in the classified service, the
department head is not compelled to follow the Civil Service Rule 1700 procedures.
A performance evaluation report, or formal written memorandum or letter should be used in cases of reprimands to
provide a permanent record of the cause of the disciplinary action, discussion with the employee, time limits for
correction of the problem, suggestions for improving performance, and any other related items. The completed report,
memorandum, or letter should be forwarded to the Human Resources Division and a copy placed in the departmental
file. The employee may file a written response within 30 calendar days of the date of reprimand.
.3 Administrative Leave with Pay. An appointing authority or the Chief Human Resources Officer may place
an employee on administrative leave with pay if he or she determines that the employee is engaged in conduct posing
a danger to County property, the public or other employees, or the continued presence of the employee at the work
site will hinder an investigation of the employee’s alleged misconduct or will severely disrupt the business of the
department.
During the administrative leave, the employee shall be ordered to remain at home and available by telephone during
the normally assigned workday. A department head may, if necessary, adjust the employee’s work schedule to provide
availability during normal business hours, Monday through Friday, 8:00 AM to 5:00 PM. An appointing authority
may not order administrative leave with pay for a period in excess of five assigned workdays within a single pay
period without the written authorization of the Chief Human Resources Officer. Changes in duty status following the
issuance of a notice of proposed action are as provided in Civil Service Rule 1715 et. seq., not this section.
Kern County Policy and Administrative Procedures Manual 1:22
141. Hearings and Appeals.
.1 Suspension, Demotion, Compensation Reduction, or Termination. A permanent employee is entitled to
appeal a suspension, compensation reduction, demotion, or termination as a disciplinary action to the Civil Service
Commission.
.2 Step Level Increment Denials. Any employee who has not received a step level advancement as provided
in section 110 because of the refusal or failure of the employee’s department head to recommend such advancement
or because of the refusal or failure of the Chief Human Resources Officer to approve such advancement, may appeal
to the Civil Service Commission for a hearing on the question of the right of the employee to receive such step increase
by filing a written appeal with the Chief Human Resources Officer.
The Commission shall set and conduct a hearing on the matter in due course in accordance with its rules, policies and
practices. Within 10 days of the conclusion of the hearing the Civil Service Commission shall determine whether or
not the appellant has capably and conscientiously performed the duties of his position for the period of one year
immediately preceding the employee’s anniversary date, and whether or not the failure or the refusal of the department
head or the Chief Human Resources Officer to approve the step level increase was arbitrary or unreasonable. The
decision of the Commission shall be final for all purposes.
.3 Salary Range Adjustment Denial. Whenever the salary range for a classification is adjusted, and the
department head determines under section 109.6 that there is cause not to grant the compensation increase, the
department head may deny the raise to the employee and may place the employee at a step level within the salary
range for the position which most closely corresponds to but is not less than the compensation that the employee was
receiving prior to the salary range adjustment for the position. The employee may appeal the department head’s
decision to the Civil Service Commission, which shall here the matter in accordance with the procedures and rules for
reductions in compensation generally.
.4 Performance Evaluation Reports. Performance evaluation reports represent the judgment and opinion of
the department head with respect to an individual’s performance on the job and are not subject to a formal appeal and
hearing.
142. Physical Examinations. An employee may be required at any time to take a medical, physical, and/or
psychological examination to determine whether the employee meets the medical and physical standards prescribed
for the position. The department head may request an examination upon approval of the Chief Human Resources
Officer.
143. Conflict of Interest. Ordinance Code Chapter 2.02 establishes the policy and procedures relating to activities
of officers and employees that are inconsistent, incompatible, or conflicting with the duties of public office or
employment. Department heads are responsible for developing “regulations determining and prescribing
employments, activities, and enterprises which are prohibited as being inconsistent, incompatible or in conflict with
their duties as employees.” Each employee must sign and date a statement that he/she has read, understood, and is
compliant with the Ordinance Code and the departmental regulation relating to conflict of interest. The department
maintains an internal file of its employees’ statements.
144. Overpayment/Underpayment of Wages or Benefits—Correction. If an administrative error results in an
employee receiving payment for wages or benefits in excess of that legally due, the employee will reimburse the
County. Corrections are initiated by completion of a Request for Correction of Payroll form signed by the department
head and the employee which the department shall forward to the Human Resources Division for review and approval.
The Human Resources Division shall forward the form to the Auditor-Controller-County Clerk for approval and
processing. The correction will be by one or more of the following methods as deemed appropriate for the
circumstances by the Auditor-Controller-County Clerk:
1. Repayment in cash, net of taxes, in full or by a fixed installment plan agreed to by the employee
and the Auditor-Controller-County Clerk;
2. Repayment in full, deducted from the next payroll warrant issued to the employee;
Kern County Policy and Administrative Procedures Manual 1:23
3. Repayment by the reduction of accumulated vacation hours and/or compensatory time off hours
by the number of hours calculated to produce a dollar amount, net of taxes, to repay the County;
4. Repayment by fixed installment deductions from sequential payroll warrants, with the number and
amount of installments to be determined by the Auditor-Controller-County Clerk, with due
consideration of the amount of the overpayment and the amount of disposable earnings available
to the employee; or
5. Any combination of the above, as mutually agreeable to the employee and the Auditor-ControllerCounty Clerk.
If, as a result of an administrative error, any employee of the County receives payment of monies or benefits less than
that legally due, the County will reimburse the employee by one or more of the following methods:
1. An employee who is underpaid on a payroll warrant will receive a corrected payment in the next
available payroll cycle; or
2. In the event an employee is underpaid a substantial portion of monies or benefits legally due, on a
payroll warrant, the Auditor-Controller-County Clerk may issue a salary advance as provided in
Chapter 2.
Administrative corrections for the underpayment of wages or benefits may be made only upon written certification of
the Chief Human Resources Officer to the Auditor-Controller-County Clerk within one year of the date of the error.
Corrections past this one-year limitation must be approved by the Board of Supervisors. (Rev. 11/09)
145. Salary Advance to Purchase Eligible Prior Service. Employees who have given written notice of their intent
to retire are eligible to receive a salary advance of their eligible sick leave payoff and/or vacation balance up to the
verified amount needed to purchase their eligible prior public service. The Auditor determines and withholds the
employee’s tax liability amount from the salary advance total. The employee must submit the necessary forms to the
Retirement Administration at least 90 days prior to the retirement date. The County deducts any salary advance made
to an employee from any final salary and/or accumulated leave payments made to the employee upon his or her
retirement.
146. Sexual Harassment Training Requirements. Government Code section 12950.1 requires that, every two
years, employees in a supervisory position attend a two-hour training session on identifying and preventing sexual
harassment, and the appropriate way to respond to allegations of sexual harassment. It is the policy of the Board of
Supervisors that employees hired or promoted into a supervisory position attend a sexual harassment training session
within 60 days of assuming the position. Contact County Counsel for training session scheduling
147. Contract Employees. Departments that have identified a need for specialized services for a limited duration
may contract for those services with an individual, subject to the following provisions:
a. Contract employees shall not be used to circumvent the Civil Service selection and appointment process.
b. Contract employees shall not be used when the work to be performed can be performed by a regular Civil
Service position.
c. Contract employees shall not be used when the work to be performed is expected to last for more than two
years.
d. Contract employees shall not be paid more than the compensation for an equivalent Civil Service position.
.1 Contract Terms.
a. FICA 1 and FICA 2. The County will only pay the employment taxes related to Medicare (FICA
2), and the contract employee must participate in the County’s Part-time, Seasonal, and Temporary
Kern County Policy and Administrative Procedures Manual 1:24
program (PTST), which is a recognized “meaningful retirement program” for “temporary”
employees. Contract employees must pay 7.5% of their salary into a fund and are also responsible
for paying the “employee” share of FICA 2. Contract employees’ participation in PTST allows the
County to avoid paying Social Security taxes (FICA 1).
b. Duration. A contract employee’s term of employment shall be limited to two years. Under IRS
regulations, in order to be considered part-time, seasonal, or temporary, the term of the contract
cannot exceed two years. If the need for specialized services is for longer than two years, the position
must be converted to a permanent County position, subject to Board of Supervisors’ approval.
c. Benefits. Contract employees shall not earn vacation or sick leave, nor paid holidays. Health
benefits are negotiable and may be included in the employment contract subject to County
Administrative Office approval. Kern$Flex, deferred compensation, and the County’s retirement
plan are not available to contract employees due to their participation in the PTST program.
.2 Approvals Required. The department must consult with the Human Resources Division to determine the
appropriateness of using a contract employee. If the Human Resources Division agrees that a contract employee is
appropriate, the department must recommend a compensation level to the Human Resources Division and the County
Administrative Office for their approval. The contract must be approved by the Chief Human Resources Officer as to
content and by County Counsel as to form.
.3 Contract Employee vs. Independent Contractor. This policy does not apply to independent contractors.
An independent contractor’s status is measured by three categories of evidence: behavioral control, financial control,
and relation of the parties. Independent contractor status is normally upheld if the contractor has an economic existence
apart from the contract with the County. Independent contractors are responsible for paying their employment taxes.
If a contractor is treated as an independent contractor and the IRS determines that the individual is an employee, the
County will be required to pay the employment taxes owed for both the County and the employee, plus interest and
penalties. County Counsel will assist departments in determining the employment status of a contractor.
148. Temporary Out-of-County Duty Assignments. Board of Supervisors’ approval is required to station an
employee in a temporary duty assignment out-of-County if the assignment duration is one year or more. In seeking
approval, the department must fully explain the financial ramifications on the County, including the impact on the
County’s retirement system and the arrangements that are made to accommodate housing and other expenses.
149. Post-Employment Restrictions. Pursuant to Ordinance Code Chapter 2.02, the following post-employment
restrictions apply to elected officials, and employees classified as management, mid-management, and confidential:
.1 Definitions. Refer to Ordinance Code Chapter 2.02.
.2 Acting as an Agent or Attorney. The above enumerated employees cannot act as an agent or attorney or
otherwise represent, for compensation, a private company or individual, for a period of one year following
employment with the County for the purpose of influencing administrative or legislative actions of the County or
influencing any action or proceeding involving the issuance, amendment, awarding or revocation of a permit, license,
grant, or contract, or the sale or purchase of goods or property. Expressly prohibited are making a formal or informal
appearance or making any oral or providing any written communication to the Board of Supervisors or an individual
member of the Board, or a County officer, employee, or department, unless the individual is, at the time of the
appearance or communication, a board member, officer, or employee of a local government agency or an employee
or representative of any other public agency and is appearing or communicating on behalf of that entity.
3. Providing Aid, Advice, or Counsel. The above enumerated employees also cannot aid, advise, counsel,
consult or assist any other person regarding an appearance or communication which the official or employee would
be prohibited from under section 151.2 above.
150. Volunteers. The County of Kern supports and encourages the use of volunteers when and where it is feasible
and appropriate. The Volunteer Program encourages citizens to volunteer their time and talents as well as Department
Kern County Policy and Administrative Procedures Manual 1:25
Heads to support and promote voluntarism in their departments to enhance productivity. The use of volunteers to
replace a County employee is prohibited. Volunteers augment paid staff and are not to be used to displace paid staff.
Volunteers shall be recruited and placed without regard to any individual’s sex, race, color, religion, national origin,
pregnancy, age, marital status, medical condition, disability, or any other basis prohibited by local, state or federal
law. Additionally, the County will provide reasonable accommodation to qualified, disabled volunteers.
.1 Establishment of Volunteer Programs. Volunteer programs in the County of Kern are department-based
and managed. County Department/Agency Directors may establish a Department Volunteer Program upon
determining that volunteers could make an effective contribution toward meeting the needs of the department/agency,
that the use of volunteers is appropriate to the mission and tasks of the organization, and that resources will be
dedicated to establishing and maintaining a volunteer program.
Upon the determination to establish a volunteer program, the department should designate a coordinator. It is the
departmental coordinator’s role to serve as a point of contact for the department’s volunteer activities and to assist the
department in organizing, implementing and overseeing the volunteer program, including the establishment of goals,
objectives and appropriate department-level volunteer policies.
Elements essential to the establishment of a volunteer program include:
a. Application – A Volunteer Application serves to ensure that volunteers are registered and that their status as
volunteers is documented. Volunteer Applications are submitted through the Kern County Human Resources
Division website and provided to departments.
b. Registration Form - Contains applicant information which may include interests, contact with law
enforcement (applicants may request volunteer hours to comply with a court requirement, however, may be
precluded from performing certain assignments), emergency contacts, and an agreement to adhere to the
policies of the County, department and program (such as Drug and Alcohol, Violence and Threats in the
Workplace, Sexual Harassment, Liability Waiver, etc.).
• Any volunteer who will drive on County business shall possess valid driver's license and be
enrolled in the DMV – Pull Notice Program.
• County volunteers may be subject to a criminal background check.
c. Volunteer Status Agreement - The form must be signed by each applicant acknowledging that they
understand their work is NOT for payment.
d. Job Description - The department shall ensure that a written volunteer job description and a record of
having communicated the job description with the volunteer, is placed in the volunteer’s personnel file.
.2 Management of Volunteer Programs. Elements essential to the successful management of a volunteer
program include:
a. Readiness - Before beginning an assignment, volunteers should receive an orientation to the volunteer
program, the department, the responsibilities and duties of their position and a review of applicable County
and department policies.
b. Goal Setting - Volunteers shall be treated as unpaid staff subject to performance evaluations, termination
and other personnel management techniques. Volunteers should be provided with appropriate initial
training and ongoing supervision by the department to which they are assigned. The composition and extent
of training may vary with the assignment and the completion of any training should be documented within
the volunteer’s performance evaluation. Goals should be established for each volunteer program and for
volunteers within the program.
Kern County Policy and Administrative Procedures Manual 1:26
c. Recognition - The recognition of volunteer efforts is the responsibility of the department to which a
volunteer contributes. Departments are encouraged to recognize volunteers in as many ways as possible,
both formally and informally.
d. Record Keeping - Volunteer records will be compiled and maintained for reference, recognition, and
required statistical reports. Records for all volunteers shall be updated when necessary to reflect
performance evaluations, the completion of any training, changes in emergency information, changes in
job description, etc. The total number of hours each volunteer works should be maintained in the
department’s personnel file (and/or within a computerized tracking system).
e. Review - Departments are encouraged to conduct a periodic review of their volunteer program to evaluate
its effectiveness and identify areas for improvement and/or expansion.
.3 Responsibilities of the County Administrative Office. Through cooperation with the departmental
coordinators, the County Administrative Office, in partnership with the Human Resources Division, will assist
County departments with their volunteer programs to ensure that the following functions and/or roles are filled:
a. Communication - The County Administrative Office shall disseminate information relevant to the
County’s volunteer program participants during periodic scheduled meetings with department
coordinators.
b. Recognition - The County Administrative Office shall execute a regular volunteer recognition program
and an annual volunteer event for the Board of Supervisors as means of formally recognizing and thanking
volunteers for their contribution to the community.
c. Referral - The County Administrative Office shall refer potential volunteers to suitable work locations
within the County.
d. Tracking – The County Administrative Office shall compile the total number of hours as reported by the
departmental volunteer coordinators on an annual basis, for the period covering July 1 through June 30.
EXHIBIT A
GRIEVANCE PROCEDURE
Grievance procedures for represented employees are governed by the applicable MOU. Employees who are not in
the classified service must use the process as is afforded them within their department. For all other employees, the
following applies.
.1 Application. The following procedure applies to employee complaints relating to working conditions or policies
governing personnel practices. A grievance may be filed when the employee believes an injustice has been done
because of an unfair application or deviation from a departmental policy. This grievance procedure does not apply to
employee disciplinary matters, which are subject to Civil Service Commission appeal. Also exempted from this
grievance procedure are disciplinary reassignments, written reprimands, employee performance evaluations, and work
assignments.
.2 General Objective. The purpose of this grievance procedure is to:
a. informally settle disagreements at the employee-supervisor level;
b. provide an orderly procedure to handle the grievance through each level of supervision;
c. correct, if possible, the cause of the grievance to prevent future complaints;
d. promote harmonious relations among employees, their supervisors, and departmental
administrators;
e. assure fair and equitable treatment of all employees; and
f. resolve grievances at the departmental level before appeal to higher levels.
.3 Definitions.
a. Employee: Any employee in the classified service of the county, regardless of status.
b. Immediate Supervisor: The person who assigns, reviews, or directs the work of an employee.
c. Superior: The person to whom an immediate supervisor reports.
d. Representative: A person who appears on behalf of the employee.
e. Department Head/Appointing Authority: The officer or employee having charge of the
administration of a department.
.4 Time Limits. Time limits are established to settle grievances quickly. Time limits may be extended by agreement
of the parties. If the grievant is not satisfied with the decision rendered, it is the grievant’s responsibility to initiate
the action which submits the grievance to the next level of review within the time limits specified. Failure of the
employee to submit the grievance within the time limits imposed terminates the grievance process, and the matter
shall be considered resolved. Failure of the County to respond within the time limits specified will allow the grievant
to submit the grievance to the next higher step of the grievance procedure.
.5 Informal Grievance Disposition. Within 20 days from the occurrence of the issue that gave rise to the complaint,
or within 20 days from the employee’s knowledge of the occurrence (but no later than one year from the date of
occurrence), an employee will promptly and informally meet to discuss the complaint with his/her immediate
supervisor. In those circumstances where the nature of the complaint involves the immediate supervisor, the employee
may informally discuss the complaint with the next higher level of supervision, provided prior notification is given
the immediate supervisor by the employee.
If the employee is not satisfied with the result of the informal meeting with his/her immediate supervisor or the next
level of supervision in the instance of a complaint involving the immediate supervisor, the employee may use the
formal grievance procedure. Grievance forms are available in the department.
.6 Formal Grievance Procedure.
Step 1. The grievance form and any supporting documents shall be delivered to the supervisor with whom the
informal meeting was held, no later than five days from receipt of the supervisor’s informal response or
within ten days from the close of the informal meeting if no decision is rendered. The formal grievance
procedure shall be initiated by the employee, stating the nature of the grievance, the alleged violation by
section or number, if any, and the desired solution, in writing on the grievance form, together with any
supporting documents attached to the grievance form.
The supervisor shall hold a formal meeting with the employee within five days of the receipt of the formal
grievance to review the facts, gather all supporting documents, discuss the complaint and desired solution,
and discuss the proper appeal procedure.
Step. 2. If the employee feels the immediate supervisor has not resolved the grievance, the employee may appeal to
the next higher level of supervision and department head jointly. At this time, all supporting documents and
evidence relative to the grievance shall be included with the appeal and made known to both parties. The
person occupying the next higher level of supervision (identified by the department), together with the
department head, shall hold a formal meeting with the employee and his/her representative, if requested,
within ten days from the date of the appeal receipt, and attempt to settle the grievance.
A decision shall be made, in writing, on the original grievance form to the employee by the department head
within ten days from the close of the formal meeting.
Step 3. If the employee is not satisfied with the decision of the department, he/she may appeal the decision to the
County Administrative Officer within five days from receipt of the department head’s decision. In his/her
appeal to the County Administrative Officer, all supporting documents must be attached to the grievance
form, together with the grievant’s reason for appeal and stated remedy requested.
The County Administrative Officer or designee will review the original grievance, all supporting documents,
the department head’s response, and the remedy requested, and issue a written decision within ten days of
the receipt of the grievance. Such decision shall be final.
In the event that the County Administrative Officer was involved in the decision that gave rise to the
grievance, the County Administrative Officer shall not hear the appeal or designate any employee in the
County Administrative Office to hear the appeal.
Such appeals shall be heard by an arbitrator who shall issue a written decision within ten days of the receipt
of the grievance. Such decision shall be final.
COUNTY OF KERN GRIEVANCE FORM
Department:
Date:
Employee: Classification:
Division: Section:
Nature of Grievance:
Settlement Desired:
Signature:
1st Step (Immediate Supervisor) Date Received:
Date Discussed Informally
Summary of Facts:
Decision:
Date: Signature:
Title:
2nd Step (Next Higher Supervisor and Department Head) Date Received:
Head Jointly)
Additional facts adduced:
Decision:
Date: Signature:
Title:
3rd Step (County Administrative Officer) Date Received:
Additional facts adduced:
Decision:
Date: Signature:
Title:
EXHIBIT B
SEXUAL HARASSMENT POLICY
It is the policy of the County to provide employees a workplace free from any form of sexual harassment. Sexual
harassment in any manner or form is expressly prohibited. All employees and applicants for employment are to be
treated with respect and dignity. Violations of this policy shall result in disciplinary actions.
.1 Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors and other verbal
or physical contact of a sexual nature when:
a. Submission to such conduct is made either explicitly or implicitly a term or condition of
an individual’s employment, or
b. Submission to or rejection of such conduct by an individual is used as the basis for
employment decisions affecting such individual, or
c. Such conduct has the purpose or effect of unreasonably interfering with an individual’s
work performance or creating an intimidating, hostile or offensive work environment.
.2 Individuals who believe that they have been victims of sexual harassment shall inform their immediate
supervisor, another supervisory employee in the individual’s department or, as an alternative, the Equal Employment
Opportunity Division of the Personnel Department in accordance with Civil Service Rules 1800 et seq. No
individual will be retaliated against for making a complaint or bringing inappropriate conduct to the County’s
attention. A supervisor receiving a complaint shall immediately report it to the department head, assistant
department head or the Equal Employment Opportunity Division of the Personnel Department. A prompt and
thorough investigation shall ensue and the department head or appointing authority shall take prompt remedial
action, including disciplinary action, when it is warranted.
.3 Department heads shall be responsible for ensuring that all new employees in their department receive a
copy of this policy and sign an acknowledgment which shall be retained in the employee’s personnel file. In
addition, department heads shall ensure that, on an annual basis, each employee in their department receives a copy
of this policy and that an acknowledgment of receipt is contained in each employee’s personnel file.
.4 Department heads may establish departmental policies and internal complaint procedures regarding
sexual harassment provided that those policies and procedures are consistent with this policy.
ACKNOWLEDGEMENT OF SEXUAL HARASSMENT POLICY
NOTICE TO EMPLOYEES
I, the undersigned County employee, hereby acknowledge receipt of a copy of the County’s Sexual
Harassment Policy, Exhibit B to Chapter 1 of the County Administrative Policy and Procedures Manual, on the date
appearing next to my signature below.
Dated: ____________________
Signature:
Print Name:
County of Kern Alcohol and Drug Abuse Policy EXHIBIT C
1
ALCOHOL AND DRUG ABUSE POLICY
I. PURPOSE
It is the intention of this policy to end substance abuse and its effects in the Kern County
workplace. The County of Kern has no intention of intruding into the private lives of its
employees. However, involvement with drugs1 and alcohol on and off the job can lower
job performance and impact employee safety. Our goal is for all employees to be in a
condition to perform their duties safely and efficiently, in the interest of the public and coworkers. The presence of drugs and alcohol on the job and the influence of these
substances on employees are inconsistent with this goal.
This policy provides guidelines for the detection and deterrence of alcohol and drug abuse
as it impacts the workplace. It also outlines the responsibilities of all County employees.
The County will act to end the abuse, by any County employee, of any substance, which
increases the potential for accidents, absenteeism, substandard performance, poor
employee morale or otherwise adversely impacts the County workplace. All employees
should be aware that violations of this policy may result in discipline, up to and including
dismissal.
In recognition of the public service responsibilities entrusted to the employees of the
County of Kern, and because drug and alcohol usage can hinder a person’s ability to
perform duties safely and effectively, the Kern County Board of Supervisors adopts this
policy.
II. POLICY
It is the County’s policy that employees shall not be under the influence of drugs or
alcohol, and shall not possess alcohol or drugs or manufacture illegal drugs while on
County property, at County work locations, or while on duty or on stand-by. Employees
shall not sell or provide drugs or alcohol to any person while the employee is on duty or
standby.
Use of medically prescribed medications and drugs is not by itself a violation of this
policy. However, an employee who is taking medication, which could foreseeably interfere
with the safe and effective performance of duties or the operation of County equipment,
must inform his/her supervisor before beginning work. It is the employee’s responsibility
to know the impairing effects of a prescribed medication. Failure to inform one’s supervisor
of a potential impairment relating to the employee’s use of prescription medication can
result in discipline, up to and including dismissal. If there is a question about an
employee’s ability to safely and effectively perform duties while using medications, the
County may require clearance from a qualified physician.
1 For the purposes of this policy, the term “drug” means “controlled substances” as identified in schedules I
through V of section 202 of the Controlled Substances Act (21 U.S.C. 812), and as further defined at 21 C.F.R.
Part 1308. The term may, depending on context, include prescription medications, heroin, cocaine, morphine
and its derivatives, P.C.P., methadone, barbiturates, amphetamines, marijuana and other cannabinoids.
County of Kern Alcohol and Drug Abuse Policy EXHIBIT C
2
Except as provided for in Government Code Section 3309, and because employees have
no privacy interest in County worksite areas or in any property which the County owns or
maintains exclusive control, the County reserves the right to search, when reasonably
suspicious of a violation of this policy, all worksite areas and property which the County
owns or maintains exclusive control. The County of Kern may also notify the appropriate
law enforcement agency regarding suspected criminal activity related to drugs and alcohol.
The foregoing shall not be interpreted to permit the County to search any personal
belongings of the employee.
Refusal to submit immediately to an alcohol or drug analysis when requested by County
management, when management is reasonably suspicious of a violation of this policy,
may be considered an insubordinate act. Insubordination is just cause for discipline up to
and including dismissal (Civil Service Commission Rule 1705.07).
The County commends those employees who voluntarily seek treatment for a drug or
alcohol problem, and provides a voluntary Employee Assistance Program (EAP) to help
those employees who voluntarily seek help for alcohol or drug problems. The County
urges employees who believe they have an alcohol or drug abuse problem to seek
confidential help from the EAP. Employee should contact their supervisors or the EAP
Provider for additional information. Such voluntary treatment does not excuse violations
of this policy.
The County will train its supervisors and managers to recognize substance abuse in the
workplace and to effectively implement this policy. The County will not tolerate job
related alcohol or drug abuse. The County will take personnel action as necessary to
achieve this goal, including disciplinary action up to and including dismissal, as provided
for in Kern County Civil Service Commission Rule 1700.
III. APPLICATION
This policy applies to alcohol and other substances, which could impair an employee’s
ability to effectively and safely perform the functions of the job. The policy applies to all
employees of the County of Kern. In addition to this policy, the Sheriff’s Department
maintains its own policies with respect to Drug and Alcohol testing. Because Sheriff’s
Department employees are covered by their departmental policies, the County policy only
applies to the extent Sheriff’s Department employees are subject to Schedules B-2, C, or
D of this policy.
In addition, as mandated by 49 C.F.R. § 382.101 et seq., all County of Kern employees
regularly or occasionally assigned to duties as DMV Class “A” or Class “B” licensed
drivers of commercial motor vehicles which weigh in excess of 26,001 pounds or which
are required to display a hazardous materials placard or which transport 16 or more
passengers (“commercial motor vehicle drivers”) are subject to alcohol and drug testing
standards in addition to those set forth herein. This “commercial motor vehicle drivers”
drug and alcohol policy is attached herewith as Schedule C, and shall only apply to those
employees and applicants described in Schedule C.
In addition, as mandated by 49 C.F.R. Parts 653 and 654, all County of Kern employees
performing transit system duties which are related to the operation of mass transit service
(“safety sensitive transit duty employees”) are subject to drug and alcohol standards in
addition to those set forth herein. This “safety sensitive transit duty employees” drug and
County of Kern Alcohol and Drug Abuse Policy EXHIBIT C
3
alcohol policy is attached herewith as Schedule D, and shall only apply to those employees
and applicants described in Schedule D.
Because prescription drugs and controlled substances are more readily available for
employees in classifications whose duties are directly related to patient care, applicant and
pre-promotional/transfer drug screens for such classifications shall be more extensive and
shall include the substances listed in Schedule A, Section II, Testing Protocol, items A
1(b) and C 1(b) in addition to those substances listed in Schedule A, Section II, Testing
Protocol, items A 1(a) and C 1(a). Pre-promotional drug testing will not be conducted on
KMC employees who have previously passed the KMC drug screening described above.
All applicants offered conditional employment at Kern Medical Center are subject to preemployment drug screening as set forth in this policy.
All operating departments of the County of Kern receiving federal grant monies are
specifically required to comply with the Drug Free Workplace Act of 19882
, all applicable
provisions of which are incorporated herein. The Drug Free Workplace Act defines a
“drug-free workplace” as any site for the performance of work done in connection with a
specific grant at which employees of the grantee are prohibited from engaging in the
unlawful manufacture, distribution, dispensing, possession or use of a controlled
substance.
IV. EMPLOYEE RESPONSIBILITIES
A. Employees shall not report to work or be on standby when on or off duty alcohol or
drug use has impaired his/her ability to perform job duties.
B. Employees shall not possess or use alcohol, illegal drugs or prescription drugs without
a valid prescription during working hours or while on official standby, on breaks, or at
anytime while on County property.
C. Employees shall inform their supervisor, before beginning work, when taking any
medications, prescription or non-prescription, which may interfere with the safe and
effective performance of job duties or operation of County equipment or vehicles.
D. Employees shall not directly or indirectly sell or provide drugs or alcohol to any
person, while on duty. An employee shall not sell or provide drugs or alcohol to any
on-duty County employee, regardless of their own duty status.
E. Employees shall submit immediately to an alcohol and/or drug test when requested to
do so by a manager or supervisor from the employee’s department or other authorized
manager orsupervisor.
F. Employees shall provide, within 24 hours of request, proof of a current prescription
for any drug or medication identified when a drug screen/test is positive, or written
documentation that a sample drug was provided by a physician, if the employee is
taking the identified drug under orders of a physician. The prescription must be in the
employee’s name.
2 41 USC section 701 et seq..
County of Kern Alcohol and Drug Abuse Policy EXHIBIT C
4
G. Any employee who is convicted of violations of a criminal drug statute as a result of
activity, occurrences, or events, which are also in violation of the terms of this policy,
SHALL report the conviction to their department head within five (5) days following
said conviction. Failure to provide such notification may result in disciplinary action
pursuant to Rule 1700 of the Civil Service Commission Rules.
V. MANAGEMENT RESPONSIBILITIES AND GUIDELINES
A. Managers and supervisors are responsible for the enforcement of this policy.
B. Managers and supervisors may request that an employee submit to a drug or alcohol
test when a manager or supervisor has a reasonable suspicion that an employee is
under the influence of drugs or alcohol while on the job or on stand-by. (Refer to
Schedule A, Section I (B.) for testing procedure.)
“Reasonable suspicion” is a belief based on objective facts sufficient to lead a
supervisor or manager to suspect that an employee is under the influence of drugs or
alcohol such that the employee’s ability to perform the functions of the job is impaired
or the employee’s ability to perform his/her job safely is reduced.
FOR EXAMPLE, any of the following, alone or in combination, MAY create reasonable
suspicion:
1. Slurred or incoherent speech;
2. The odor of an alcoholic beverage on the breath;
3. Unsteady walking and movement;
4. An accident involving County property;
5. Unusual appearance (e.g. glassy or bloodshot eyes);
6. Unusual or irrational behavior;
7. Possession of alcohol or drugs;
8. Information received from a reliable person with personal
knowledge3
.
C. Any manager or supervisor requesting an employee to submit to a drug or alcohol test
SHALL document in writing, the facts which caused their reasonable suspicion that the
employee in question was intoxicated or under the influence of drugs. Said
documentation shall be maintained by the manager/supervisor’s department for use if
disciplinary or legal action becomes necessary.
D. Any manager or supervisor encountering an employee who refuses an order to submit
to a drug or alcohol analysis upon request shall remind the employee of the potential
consequences of his/her refusal. When there is a reasonable suspicion that the employee
is under the influence of alcohol or drugs, the manager or supervisor must order the
employee to leave County property and instruct the employee not to drive a motor
vehicle. The employee should be considered to be on leave with pay the balance
of the day’s normal shift, and returned to regular duty at the Department Head’s
discretion.
3 A reliable person with personal knowledge may be any employee or private citizen who directly witnesses an
act in violation of this policy, absent some circumstance that would cast doubt upon the credibility of their
information.
County of Kern Alcohol and Drug Abuse Policy EXHIBIT C
5
The manager or supervisor should offer to transport the employee to his/her residence.
If the employee declines the offer of transportation, a reasonable attempt should be
made to get the employee to wait until someone of the employee’s choice can safely
transport the employee home. While reasonable attempts should be made to
discourage the employee from leaving unassisted, under no circumstance will a
manager or supervisor try to hold the employee against the employee’s will. If all
other attempts to provide safe transportation fail, the manager or supervisor should
seek assistance from the appropriate law enforcement agency.
E. Managers and supervisors shall notify their department head or designee when they
have reasonable suspicion to believe that an employee may have illegal drugs in his or
her possession in an area fully or partially controlled by the County. If the department
head or designee agrees there is a reasonable suspicion of illegal drug possession, the
department head shall contact the appropriate law enforcement agency.
F. Department heads, managers, and supervisors of those County departments determined
to be subject to the compliance provisions of the federal Drug Free Workplace
Act (those performing work under federal grants) are specifically required to provide
employees this policy statement, to provide employees a drug awareness program,
and to notify the grantor agency of any employee convicted of any workplace drug
conviction within ten (10) days. Further, the Act requires, if any employee is so
convicted, appropriate personnel action be taken against the employee within thirty (30)
days.
VI. TEST PROCEDURE
The County may test for the presence of drugs or alcohol, which could impair an
employee’s ability to effectively and safely perform the functions of his/her job. Schedule
“A” describes the method by which the County will conduct the testing for alcohol and
drugs.
VII. APPLICANT AND PREPROMOTIONAL DRUG TESTING
A. Applicants (i.e. individuals not presently employed by the County) for the
classifications listed in Schedule B-1 are subject to pre-employment drug testing and
promotional employees (i.e. individuals presently employed by the County applying
for other jobs within the County) seeking a classification listed in Schedule B-2 are
subject to pre-promotional drug testing. Notwithstanding the foregoing, except for
employees seeking positions involving direct patient care at Kern Medical Center, and
employees seeking positions subject to the Sheriff’s Department pre-employment drug
policy, pre-promotional drug test will not be conducted on County employees who
have previously passed a County pre-employment drug test.
B. Applicants and County employees who seek positions with assignments, and County
employees assigned as “commercial motor vehicle drivers”, as defined by 49 C.F.R. §
382.107, and who are required to maintain DMV Class “A” or Class “B” operator’s
licenses as a condition of employment shall be subject to drug and alcohol testing
procedures set out in C.F.R. § 382.101 et seq., and the special testing procedures set
out in Schedule C. The applicants and County employees who are subject to these
procedures are set forth in Schedule “C”.
County of Kern Alcohol and Drug Abuse Policy EXHIBIT C
6
In addition, the drug and alcohol drug testing procedures set forth in 49 CFR section
382.101 et seq., and the special testing procedures set forth in Schedule C shall apply
to any County employee in any other job classification, which requires the assignment
of the employee to operate a “commercial motor vehicle” as defined by 49 C.F.R. §
382.107 as part of his/her duties.
Applicants and County employees who seek positions with assignments, and County
employees assigned as “safety sensitive transit system employees”, as defined by 49
C.F.R. Parts 653 and 654, shall be subject to drug and alcohol testing procedures set
out in 49 C.F.R. Part 40, and the special testing procedures set out in Schedule D
when they are performing safety sensitive functions. The applicants and County
employees who are subject to those procedures are set forth in Schedule D.
VIII. RESULTS OF DRUG AND/OR ALCOHOL ANALYSIS
A. Pre-employment Tests
1. A positive result from a drug analysis may result in the applicant’s rejection
when the applicant’s use of drugs could affect necessary job standards, duties
or responsibilities.
2. If a drug screen is positive at the pre-employment test, the applicant must
provide, within 24 hours of request (excluding holidays and weekends), proof
of a current prescription for the drug identified in the drug screen, or written
documentation that a sample drug was provided by a physician. If the
prescription is not in the applicant’s name or the applicant does not provide
acceptable proof, or if the drug is one that is likely to impair the applicant’s
ability to perform the job duties, the County may reject the applicant.
3. An applicant rejected for failure to successfully pass the drug screen will be
removed from all eligibility lists for County employment per Civil Service
Rule 307.10.03.
4. An applicant rejected for failure to successfully pass the drug screen will be
barred from all County employment for not less than 180 days from the date
of the original detection/rejection.
B. Pre-promotional Drug Tests
1. An employee rejected for failure to successfully pass the drug screen will be
removed from the promotional examination list, and will be barred from all
County employment testing for not less than 180 days from the date of the
original detection/rejection. The employee is also subject to disciplinary
action, up to and including dismissal, for any other violation of this Policy.
2. If a drug screen is positive at the pre-promotional test, the employee must
provide, within 24 hours of request (excluding holidays and weekends), proof
of a current prescription for the drug identified in the drug screen, or written
documentation that a sample drug was provided by a physician. If the
prescription is not in the employee’s name or the employee does not provide
County of Kern Alcohol and Drug Abuse Policy EXHIBIT C
7
acceptable proof, or if the drug is one that is likely to impair the employee’s
ability to perform the job duties of the promotional position, the County may
reject the employee as described above.
C. Reasonable Suspicion Alcohol/Drug Tests
1. A positive result from a drug or alcohol analysis WILL result in appropriate
personnel action which may include disciplinary action, up to and including
dismissal. A positive result from a drug or alcohol analysis for an extra-help
or other “at will” employee will result in the employee being dismissed and
barred from all County employment for not less than 180 days from the date
of the original detection. Additionally, a positive result from a drug or
alcohol analysis conducted under Schedule C or Schedule D will result, at a
minimum, in the employee being removed from their safety sensitive duties
and evaluated by the Substance Abuse Professional in accordance with
Section 6 of Schedule C or Schedule D.
2. If a drug screen is positive, the employee must provide, within 24 hours of
request, proof of a current prescription for the drug identified in the drug
screen. The prescription must be in the employee’s name. If the employee
does not provide acceptable proof of a prescription, or if the prescription is
not in the employee’s name, or if the employee has not previously told his or
her supervisor of potential impairment due to use of medication, the employee
will be subject to disciplinary action, in conformance with Kern County Civil
Service Commission Rule 1700.
3. If an alcohol or drug test is positive, the County shall conduct an investigation
into the matter. Any disciplinary action will be carried out in conformance
with Kern County Civil Service Commission Rule 1700.
IX. CONFIDENTIALITY
Laboratory reports or test results shall not appear in an employee’s general personnel file.
The Personnel Director will keep under his/her control information of this nature in a
separate confidential medical folder. The Personnel Director shall provide reports or test
results to County management on a strictly need-to-know basis and to the tested employee
upon request. Disclosures, without the employee’s consent, may also occur when: (1)
judicial or administrative process compels by law the release of the information; (2) a
formal dispute between the employer and employee places the information at issue; (3) the
information is to be used in administering an employee benefit plan; (4) medical personnel
need the information for the diagnosis or treatment of a patient who is unable to authorize
disclosure; and (5) as required by law.
X. AMENDMENT OF POLICY
Until the Board of Supervisors amends this policy, the list of classifications contained in
the attached Schedules shall remain unchanged except classifications may be added to or
deleted from the Schedules with the concurrence of the Director of Personnel, the County
Administrative Officer and County Counsel. All other changes or amendments to this
policy require the approval of the Board of Supervisors.
County of Kern Alcohol and Drug Abuse Policy EXHIBIT C
Schedule A 1
SCHEDULE A
PROCEDURE FOR DRUG/ALCOHOL TESTING
I. PROCEDURE
A. Pre-employment and Pre-promotional Screens
1. Upon an applicant’s or employee’s certification for appointment to one of the
specified classifications, the appointing authority will make an appointment for
the applicant or employee with the contracted laboratory. The contracted
laboratory will schedule pre-employment or pre-promotional testing samples at
least twice monthly. An applicant or employee shall not be appointed until a
negative result has been confirmed.
2. The collected sample will be screened by the contracted laboratory in
accordance with the protocols described in Section II or Section III, below.
3. The contracted laboratory will notify the Director of Personnel and the
appointing authority in writing of the results of the screen.
4. The Director of Personnel will notify the applicant or employee of the screen
results.
5. If an applicant’s or employee’s sample screens positive for the presence of
drugs:
(a) The applicant will be notified, in writing, of the type of substance and
amount of substance identified, and told of their right to have a portion of
the sample tested by a licensed laboratory of their choice and at their own
expense.
(b) In compliance with section VIII, A, above, the applicant or employee may
provide, within 24 hours (excluding holidays and weekends) of
notification, proof of a current prescription for the drug identified in the
drug screen, or written documentation that a sample drug was provided by
a physician.
B. Reasonable Suspicion Screen – Drugs and Alcohol
1. Upon determination that reasonable suspicion exists to believe an employee is
under the influence of alcohol and/or drugs, in violation of this policy, the
suspect employee’s department head, or designee, or other authorized manager,
may order the employee to provide a urine sample for testing.
2. The employee will be warned that refusal to provide a urine sample will be
considered an insubordinate act, and may subject the employee to disciplinary
action up to and including dismissal pursuant to the Civil Service Rules (e.g,,
Rules 1705.07, 1705.11). Additionally, “safety sensitive employees” tested in
accordance with Schedule C or Schedule D shall be warned that their refusal to
submit to testing will be considered a positive test.
County of Kern Alcohol and Drug Abuse Policy EXHIBIT C
Schedule A 2
3. The employee will also be told of their option to have blood drawn and analyzed
in addition to the urine sample testing. Additionally, for tests of employees
covered under Schedule C or Schedule D, the employee will also be told of their
right to request testing of the split sample.
4. Departments will utilize the procedure as set forth below unless otherwise
approved by County Counsel. Said procedures will include the following
minimum standards:
a. If the event occurs in the immediate Bakersfield area, and if contracted
laboratory personnel are available, the department may elect to transport a
willing employee to the contracted laboratory for sample collection.
b. Transporting employees from distant work-sites is not recommended.
Departments with offices outside the immediate Bakersfield area should
be prepared to accomplish sample collection as provided below.
i. One manager or supervisor of each sex should be designated to
supervise the sample collection.
ii. The collection point (restroom) should be, if possible, one not
normally available to the public. A cursory inspection of the
collection point should be made prior to use to insure reasonable
security.
iii. Employees should NOT be searched, but should not be allowed to
carry articles (i.e. handbags, backpacks, packages, etc.) into the
collection point.
iv. The designated manager/supervisor WILL allow the employee
privacy within a bathroom stall, but to protect against sample
contamination or dilution, the manager/supervisor should place dye
in the toilet bowl to be used, and remain inside the bathroom until
the sample has been obtained.
v. Once the designated manager/supervisor has obtained the urine
sample from the employee, the container label should be marked
with ONLY the employee’s identification number (name will be
excluded), and their own name or initials.
vi. The designated manager/supervisor will personally transport the
sample to the contracted laboratory. Maintenance of the chain of
evidence will be the responsibility of the designated
manager/supervisor and the contracted laboratory in conformance
with standards utilized in the handling of criminal evidence.
c. For employees covered by Schedule C or Schedule D, sample collection
should be done only by laboratories designated as collection sites for
post-accident testing.
County of Kern Alcohol and Drug Abuse Policy EXHIBIT C
Schedule A 3
d. The contracted laboratory will screen the sample to determine the
presence or absence of alcohol or drugs. Test results will be forwarded to
the Director of Personnel and maintained in accordance with Article IX,
above.
e. If either of the body fluid tests result in a positive determination of the
presence of drugs, the Director of Personnel will notify the employee in
writing of the employee’s right to produce, within 24 hours (excluding
weekends and holidays), proof of a prescription for the drug, or written
documentation that a sample drug was provided by a physician. The
employee will be further notified of her/his right to obtain a portion of the
fluid for testing by a licensed laboratory of their choice and at their own
expense.
5. If the employee elects to have blood drawn and analyzed, the department head
or designee will contact the Senior Administrator on-duty or on-call at the Kern
Medical Center (KMC) (661) 326-2000, and arrange an appointment with the
hospital for the employee. Said appointment must occur within 2-1/2 hours of
the time when the manager/supervisor notifies the employee of his/her
reasonable suspicion. The employee must arrange his/her own transportation to
and from KMC and must be willing and able to identify themselves to KMC
laboratory personnel with a California Drivers License or I.D. card.
(a) Blood samples (if elected) will be forwarded to the contracted laboratory
and screened to determine the blood alcohol/drug level. Test results will
be forwarded to the Director of Personnel, the submitting employee and
the head of the employee’s department and maintained in accordance with
Article IX, above.
II. TESTING PROTOCOL
A. First Screen
1a. The specific gravity of the sample must be 1.002 or greater. If the individual is unable
to provide an acceptable sample, the individual may elect, with Director of Personnel
approval, to have blood drawn in lieu of a urine sample. Urine samples will be
screened by Enzyme Immunoassay (EIA), for the following drugs, at the listed positive
“cut-off” levels:
Initial Test Confirmatory Test
Drug Levels(ng/ml) Levels(ng/ml)
Amphetamine 300 260
Methamphetamine 300 260
MDMA/MDA (ecstasy) 1000 260
Barbiturates(e.g., amobarbital, 300 100
butalbarbital, butalbital,
pentobarbital, phenobarbital,
secobarbital)
Opiates(e.g., heroin, codeine, 300 150
morphine, hydromorphone,
County of Kern Alcohol and Drug Abuse Policy EXHIBIT C
Schedule A 4
Initial Test Confirmatory Test
Drug Levels(ng/ml) Levels(ng/ml)
hydrocodone)
Cocaine (benzoyl, ecgonine) 300 150
Phencyclidine (PCP) 25 25
Methadone 300 100
Marijuana (THC) 20 10
Oxycodone 100 100
Propoxyphene 300 300
Benzodiazehpines(e.g., valium, 300 100
librium, oxazepam serax,
dalmane, ativan)
Metaqualone 300 300
1b. The initial test shall be performed using a Gas Chromatography/Mass Spectrometry
test for the following drugs, at the listed positive “cut-off” levels:
Initial Test
Drug Levels(ng/ml)
Fentanyl 1
Ketamine 25
Meperidine 500
2. The screen results of any sample containing levels of drugs below those listed above
will be reported as negative ONLY.
3. Other drugs will be done by specific request.
4. Alcohol will be screened only in reasonable suspicion situations, at a level of 0.02%
B. Confirmatory Screen
If the EIA urine screen for one of the substances (except alcohol), listed above is
positive, the laboratory will then perform a Gas Chromatography/Mass Spectrometry
test for confirmation.
C. Reasonable Suspicion Screen
1a. The initial test shall use an immunoassay, which meets the requirements of the Food and
Drug Administration for Commercial distribution. The following initial cutoff levels
shall be used when screening specimens to determine whether they are negative for
these five drugs or classes of drugs:
Initial Test
Drug Levels(ng/ml)
Marijuana metabolites 20
Cocaine metabolites 300
Opiate metabolites 300
Phencyclidine 25
Amphetamines 300
County of Kern Alcohol and Drug Abuse Policy EXHIBIT C
Schedule A 5
1b. The initial test shall be performed using a Gas Chromatography/Mass Spectrometry
test for the following drugs, at the listed positive “cut-off” levels:
Initial Test
Drug Levels(ng/ml)
Fentanyl 1
Ketamine 25
Meperidine 500
D. Confirmatory Test
All specimens identified as positive on the initial test shall be confirmed using gas
chromatography/mass spectrometry techniques. All confirmations shall be by
quantitative analysis.
Concentrations, which exceed the linear region of the standard curve, shall be
documented in the laboratory record as “greater than highest standard curve value.”
Confirmatory lest levels are listed under section A, item 1a above.
III. TESTING PROTOCOL FOR CLASSIFICATIONS LISTED IN SCHEDULE C OR
SCHEDULE D
This testing is mandated by and shall be conducted in accordance with applicable federal
regulations. The test will be considered positive if the amounts present are above the minimum
thresholds established by federal regulation.
IV. COST
The cost of tests ordered by the County will be paid by the County department for whom the
employee works or with whom the prospective employee has applied for a position. Costs of
administration of the testing under Schedule C and Schedule D will be divided among the
County departments with covered employees, pro-rated to each department based on the number
of covered employees in the department versus the number of total covered employees. The
cost of split sample testing under Schedule C and Schedule D will be paid by the County
department for whom the employee works.
V. EVIDENCE
A. Samples
1. The contracted laboratory will maintain all samples in a secure place according
to the following schedule:
a. Negative samples – three months.
b. Positive samples – six months.
c. Confirmed positive – three years.
County of Kern Alcohol and Drug Abuse Policy EXHIBIT C
SCHEDULE B-1
CLASSIFICATION SUBJECT TO PRE-EMPLOYMENT SCREENING
Schedule B-1 1
1. Fiscal Support Technician
2. Ag Biologist/W&M Inspector Trainee I/II/III/IV
3. Air Conditioning Mechanic
4. Airports Analysis and Marketing Manager
5. Airports Maintenance Supervisor
6. Airports Maintenance & Operations Mgr.
7. AppraiserI/II/III/IV
8. Assistant Director of Disease Control
9. Assistant Program Director
10. Assistant Program Director – District Offices
11. Assistant Director of Human Services
12. Assistant Director of PH Nursing
13. Assistant Public Health Officer
14. Auditor-AppraiserI/II/III
15. Automotive Mechanic I/II/Senior
16. Automotive Service Worker I/II
17. Building Services Manager
18. Building Services Worker I/II/III
19. Chief Deputy-Fire
20. Chief District Attorney Investigator
21. Clinical Pharmacist
22. Clinical Psychologist I/II
23. CommunicationsInformation Specialist
24. CommunicationsManager
25. Communications Technician I/II/III
26. Control Coordinator
27. Coroner Division Chief
28. Coroner’sInvestigator
29. District Attorney’sInvestigator I/II/III
30. District Attorney’s Lieutenant
31. Deputy Conservator
32. Deputy Director of Mental Health
33. Deputy Fire Chief
34. Deputy Public Health Officer
35. Deputy Probation Officer I/II/III
36. Deputy Public Administrator
37. Director of Airports
38. Director of Human Services
39. Director of Mental Health Services
40. Director of Public Health Nursing
41. Director of Public Health Services
42. Eligibility Worker
43. Emergency Medical Services Coordinator
44. Employment Counselor I/II/III
45. Equipment Operator
46. Facilities Attendant
County of Kern Alcohol and Drug Abuse Policy EXHIBIT C
SCHEDULE B-1
CLASSIFICATION SUBJECT TO PRE-EMPLOYMENT SCREENING
Schedule B-1 2
47. Facilities Manager
48. Family Advocate
49. Fire Battalion Chief
50. Fire Captain
51. Fire Chief
52. Fire Crew Worker
53. Fire Dispatcher I/II
54. Fire Engineer
55. Fire Equipment Mechanic
56. Fire Equipment Service Worker
57. Fire Equipment Technician
58. Fire Fighter
59. Fire Fighter Apprentice
60. Fire Haz Mat Program Specialist
61. Fire Heavy Equipment Operator
62. Fire Helicopter Pilot
63. Fire Prevention Specialist
64. Garage Shift Supervisor
65. Group Counselor Facility Maintenance Worker – Probation
66. Group Counselor Maintenance Worker – Probation
67. Group Counselor Custodian – Probation
68. Group Counselor Cook – Probation
69. Group Counselor Senior Cook – Probation
70. Group Counselor I/II/III – Probation
71. Group CounselorI/II/III-Probation-Extra-Help
72. Group Counselor Support Services – Probation
73. Group Counselor Institution Supervisor – Probation
74. Group Counselor DHS-Extra Help
75. Group Counselor I/II/III - DHS
76. GroundskeeperI/II/III
77. Health Education Assistant I/II
78. Health Educator
79. Heavy Equipment Service Worker
80. Heavy Equipment Mechanic
81. Heavy Equipment Mechanic Helper
82. HIV Services Supervisor
83. Hospital Staff Nurse I/II
84. Human Services Personnel Manager
85. Human Services Program Director
86. Human Services Aide
87. Human Services Tech I/II/III
88. Investigative Aide
89. Junior Public Health Nurse
90. Mail Clerk I/II
91. Maintenance Carpenter
92. Maintenance Electrician
93. Maintenance Painter
County of Kern Alcohol and Drug Abuse Policy EXHIBIT C
SCHEDULE B-1
CLASSIFICATION SUBJECT TO PRE-EMPLOYMENT SCREENING
Schedule B-1 3
94. Maintenance Plumber
95. Maintenance Supervisor
96. Maintenance Worker I/II/III/IV
97. Marketing and Promotions Associate
98. Medical Investigator
99. Mental Health Housing Administrator
100. Mental Health Medical Director
101. Mental Health Nurse I/II
102. Mental Health Physician
103. Mental Health Recovery Specialist Aide
104. Mental Health Recovery Specialist I/II/III
105. Mental Health Technician I/II
106. Mental Health Unit Supervisor I
107. Nurse Practitioner
108. Nursing Attendant
109. Occupational Therapist
110. Occupational Therapy Technician
111. Outreach Worker
112. Park Ranger I/II/III
113. Park Ranger Supervisor
114. Park Ranger Trainee
115. Parks Security Officer
116. Parks and Aquatics Specialist
117. Patient’s Rights Advocate
118. Pharmacist
119. Physical Therapist
120. Physician’s Assistant
121. Pre-licensed Vocational Nurse
122. Property Control Officer
123. Psychiatrist I/II-Mental Health
124. Psychiatrist III-Mental Health
125. Psychologist Intern
126. Public Health Aide I/II
127. Public Health Chemist
128. Public Health Laboratory Director
129. Public Health Nurse I/II/III
130. Public Health Nutritionist
131. Road Maintenance Worker I/II
132. Road Maintenance Worker III
133. Senior Building Services Worker
134. Senior EMS Coordinator
135. Social Service Supervisor I/II
136. Social Service Worker I/II/III/IV/V
137. Staff Nurse
138. Stock Clerk
139. Storekeeper I/II
140. Substance Abuse Program Monitor
County of Kern Alcohol and Drug Abuse Policy EXHIBIT C
SCHEDULE B-1
CLASSIFICATION SUBJECT TO PRE-EMPLOYMENT SCREENING
Schedule B-1 4
141. Substance Abuse Specialist I/II
142. Supervising Building Services Worker
143. Supervising Communications Tech
144. Supervising Facilities Manager
145. Supervising Fire Dispatcher
146. Supervising Heavy Equipment Mechanic
147. Supervising Mental Health Clinician
148. Supervising Road Maintenance Worker I/II
149. Supervising Therapist
150. TelecommunicationsEngineer
151. Vocational Nurse I/II
County of Kern Alcohol and Drug Abuse Policy EXHIBIT C
SCHEDULE B-2
Schedule B-2 1
CLASSIFICATIONS SUBJECT TO PRE-PROMOTIONAL/TRANSER SCREENING
1. Fiscal Support Technician
2. Airports Analysis and Marketing Manager
3. Airports Maintenance Supervisor
4. Airports Maintenance and Operations Manager
5. Clinical Pharmacist
6. CommunicationsInformation Specialist
7. CommunicationsManger
8. Communications Technician I/II/III
9. Deputy Probation Officer I/II/III
10. Director of Airports
11. Group Counselor I/II/III – DHS
12. Group Counselor I/II/III – Probation
13. Heavy Equipment Service Worker
14. Heavy Equipment Mechanic
15. Hospital Staff Nurse I/II
16. Junior Public Health Nurse
17. Nurse Practitioner
18. Occupational Therapy Technician
19. Park Ranger I/II/III
20. Park Ranger Supervisor
21. Pharmacist
22. Physical Therapist
23. Physician Assistant
24. Public Health Aide I/II/III
25. Public Health Chemist
26. Public Health Clinician
27. Public Health Nurse I/II/III
28. Public Health Nutritionist
29. Road Maintenance Worker I/II
30. Road Maintenance Worker III
31. Staff Nurse
32. Supervising Communications Technician
33. Supervising Therapist
County of Kern Alcohol and Drug Abuse Policy EXHIBIT C
Schedule C 1
SCHEDULE C
ADDENDUM TO COUNTY OF KERN ALCOHOL AND DRUG ABUSE POLICY
SPECIAL ALCOHOL AND DRUG ABUSE PROVISIONS APPLICABLE TO COUNTY
EMPLOYEES OPERATING LARGE COMMERCIAL MOTOR VEHICLES
AND BUSES SUBJECT TO 49 CFR 382.107
1. PURPOSE
A. This addendum has been adopted as a supplement to the County of Kern's general policies and
procedures to end substance abuse in the workplace and to assure the public safety adopted as
the "County of Kern Alcohol and Drug Abuse Policy."
B. This special addendum applies to non-exempt County employees assigned to operate (1)
County motor vehicles having a combined gross weight in excess of 26,001 pounds, or (2)
vehicles required to display a hazardous materials placard, or (3) passenger vehicles
transporting 16 or more individuals on the public highways. The standards set in this special
addendum policy are in addition to the general policies and procedures applicable to all
County employees. This addendum is a mandated federal program made applicable to the
County of Kern by 49 U.S.C. app. 2717, § 12020(e)(l) of the Omnibus Transportation
Employee Testing Act of 1991 and 49 CFR § 382.101 et seq.
2. APPLICATION
A. This applies to applicants for employment and County employees who are assigned or who
seek to be assigned to duties as drivers of commercial motor vehicles as those terms are
defined by 49 CFR § 382.107. For purposes of this policy, "commercial motor vehicles" are
vehicles which require a Class "A" or Class "B" license to operate and which (1) weigh in
excess of 26,001 pounds, (2) are legally required to display a hazardous materials placard, or
(3) which carry 16 or more passengers.
B. This policy is not applicable to California Restricted Class "C" Kern County Fire Department
employee and volunteer operators of fire fighting and emergency equipment who operate
vehicles weighing in excess of 26,001 pounds under licensing provisions of Vehicle Code §
15250.5-12250.6. Such individuals remain subject to the regular provisions of the "County of
Kern Alcohol and Drug Abuse Policy."
C. The job classifications of the County employees to which this policy applies are asfollows:
Fire Department employees assigned to drive "commercial motor vehicles" including
but not limited to, certain employees in the following classifications:
• Fire Equipment Mechanic
• Fire Equipment Service Worker
• Auto Mechanic I/II/Senior
County of Kern Alcohol and Drug Abuse Policy EXHIBIT C
Schedule C 2
Sheriff's employees assigned to drive "commercial motor vehicles" including, but not
limited to, certain employeesin the following classifications:
• Deputy Sheriff Trainee/I/II/Senior
• Sheriff’s Detention Officer
Parks Department employees assigned to drive "commercial motor vehicles"
including, but not limited to, certain employeesin the following classifications:
• Equipment Operator
• Maintenance Worker I/II/III/IV
• Supervising Auto Mechanic
• Park Supervisor I/II
• Tree Trimmer I/II/III
• GroundskeeperI/II/III
• Park Caretaker
Roads Department employees assigned to drive "commercial motor vehicles"
including, but not limited to, certain employeesin the following classifications:
• Maintenance Painter
• Highway Paint Equipment Superintendent
• Road Maintenance Worker I/II
• Road Maintenance Worker III
• Supervising Road Maintenance Worker I/II
• Heavy Equipment Mechanic
• Heavy Equipment Service Worker
Agricultural Commission/Sealer employees assigned to drive "commercial motor
vehicles" including, but not limited to, certain employees in the following
classifications:
• Assistant Director
• Agricultural Biologist/W&M Inspector Trainee/I/II/III/IV
Waste Management Department employees assigned to drive "commercial motor
vehicles" including, but not limited to, certain employees in the following
classifications:
• Wastewater Treatment Plant Operator Trainee/I/II/III
• Waste Management Specialist I/II/III
Airports Department employees assigned to drive "commercial motor vehicles"
including, but not limited to, certain employeesin the following classifications:
• Maintenance Worker I/II/III/IV
County of Kern Alcohol and Drug Abuse Policy EXHIBIT C
Schedule C 3
General Services Department employees assigned to drive "commercial motor
vehicles" including, but not limited to, certain employees in the following
classifications:
• Automotive Service Worker I/II
• Automotive Mechanic I/II/Senior
• Garage Shift Supervisor
Library employees assigned to drive "commercial motor vehicles" including, but not
limited to, certain employeesin the following classifications:
• Office Services Assistant
• Office Services Technician
• Office Services Specialist
• Senior Office Services Specialist
• Library Associate
• Light Vehicle Driver
Public Transportation employees assigned to drive "commercial motor vehicles"
including, but not limited to, certain employeesin the following classifications:
• PlannerI/II/II/Analyst
Heavy Equipment Mechanic
These standards apply to any County employee in any other job classification, which requires
the assignment of the employee to operate a "commercial motor vehicle" as defined by 49
CFR § 382.107 as part of his/her duties.
D. All applicants for employment in these designated positions and employees performing duties
in positions subject to this addendum are hereafter referred to as "covered applicants" or
"covered employees."
E. The provisions of this Addendum are more restrictive and in addition to the standards of
conduct, drug and alcohol testing procedures and record keeping requirements applicable to all
County employees. In case of any conflict between the provisions of this Addendum and the
general County Alcohol and Drug Testing Policy, the more stringent testing standard shall be
applicable.
F. Each covered applicant or employee shall be provided with a copy of the "County Alcohol and
Drug Abuse Policy" as well as this Schedule and execute a written acknowledgment of receipt of
the same. Such covered applicants and employees shall also be required to execute written
consents to submit to the pre-employment, periodic, random, reasonable cause and post-accident
drug and alcohol tests described in this addendum as a condition of employment. The failure or
refusal to submit to testing upon the direction of the County provides sufficient grounds for refusal
to employ or for discipline of the employee under Kern County Civil Service Commission Rule
1705.03 (conduct unbecoming) and Rule 1705.11 (violation of any lawful order).
County of Kern Alcohol and Drug Abuse Policy EXHIBIT C
Schedule C 4
3. EMPLOYEERESPONSIBILITIES
A. Employees must not report to work or be on official standby when on or off duty alcohol or
drug use has impaired his/her ability to perform job duties. Employees shall not operate any
County motor vehicle or any other vehicle in the course of their job duties within four (4)
hours of consuming any alcohol. Employees shall not operate such vehicles with a blood
alcohol level in excess of 0.02% grams of body weight. Employees shall not operate such
vehicles with any measurable amount of a controlled substance in their bodies (whether legal,
illegal, prescribed or non-prescribed), which impairs or may impair safe vehicle operation.
B. Employees must not possess or use alcohol or impairing drugs (illegal drugs and prescription
drugs without a prescription) during working hours or while on official standby, on breaks, or
at anytime while on County property.
C. Employees must inform their supervisor, before beginning work, when taking any
medications, prescription or non-prescription, which may interfere with the safe and effective
performance of duties or operation of County equipment.
D. Employees must not directly or indirectly sell or provide drugs or alcohol to any person, while
on duty. An employee must not sell or provide drugs or alcohol to any on-duty County
employee, regardless of their own duty status.
E. Employees must submit immediately to an alcohol and/or drug test when requested to do so
by a responsible manager or supervisor from the employee's department.
F. Employees must provide, within 24 hours of request, proof of a current prescription for any
drug or medication identified when a drug screen/test is positive, if the employee is taking the
identified drug under the orders of a physician. The prescription must be in the employee's
name.
G. Any employee who is convicted of violations of a criminal drug statute as a result of activity,
occurrences, or events which are also in violation of the terms of this policy MUST report the
conviction to their department Head within five (5) days following said conviction. Failure to
perform such notification may result in disciplinary action pursuant to Rule 1700 of the Civil
Service Commission Rules.
4. MANAGEMENTRESPONSIBILITIES AND GUIDELINES
A. Managers and supervisors are responsible for reasonable enforcement of this policy.
B. Managers and supervisors may request that an employee submit to a drug or alcohol test when
a manager or supervisor has a reasonable suspicion that an employee is under the influence of
drugs or alcohol while on the job or on stand-by. (Refer to Schedule A, Section I, B. for
testing procedure.)
"Reasonable suspicion" is a belief based on objective facts sufficient to lead a supervisor to
suspect that an employee is under the influence of drugs or alcohol such that the employee's
ability to perform the functions of the job is impaired or the employee's ability to perform
his/her job safely is reduced.
County of Kern Alcohol and Drug Abuse Policy EXHIBIT C
Schedule C 5
FOR EXAMPLE, any of the following, alone or in combination, MAY create reasonable
suspicion:
• Slurred or incoherent speech;
• The odor of an alcoholic beverage on the breath;
• Unsteady walking and movement;
• An accident involving County property;
• Unusual appearance (e.g. glassy or bloodshot eyes);
• Unusual or irrational behavior;
• Possession of alcohol or drugs;
• Information received from a reliable person1
.
C. Any manager or supervisor requesting an employee to submit to a drug or alcohol test WILL
document in writing the facts which caused their reasonable suspicion that the employee in
question wasintoxicated or under the influence of drugs. Said documentation will be maintained
by the manager/supervisor's department for use if disciplinary or legal action becomes
necessary. A copy will be forwarded to the Director of Personnel.
D. Any manager or supervisor encountering an employee who refuses an order to submit to a
drug or alcohol analysis upon request shall remind the employee of the potential results of
his/her refusal. When there is a reasonable suspicion that the employee is under the influence
of alcohol or drugs, the manager or supervisor must order the employee to leave County
property. The employee should be considered to be on leave with pay the balance of that day's
normal shift. The employee shall not be returned to safety sensitive duties until successfully
completing Return-to-Duty testing and Follow-Up care as outlined in Section 8 below.
The manager or supervisor should offer to transport the employee to his/her residence. If the
employee declines the offer of transportation, a reasonable attempt should be made to get the
employee to wait until someone of the employee's choice can safely transport the employee
home. While reasonable attempts should be made to discourage the employee from leaving
unassisted, under no circumstance will a manager or supervisor try to hold the employee
against the employee's will. If all other attempts to provide safe transportation fail, the
manager or supervisor should seek assistance from the appropriate law enforcement agency.
E. Managers and supervisors shall notify their department head when they have reasonable
suspicion to believe that an employee may have illegal drugs in his or her possession in an
area not fully controlled by the County. If the department head or designee agrees there is
reasonable suspicion of illegal drug possession, the department head shall contact the
appropriate law enforcement agency.
F. Department heads will designate persons responsible for determining whether reasonable
suspicion exists for testing. Designated employees must participate in at least 60 minutes of
training on alcohol misuse and 60 minutes of training on substance abuse. The training must
cover physical/ behavioral, speech and performance indicators of probable alcohol misuse and
use of controlled substances.
G. Management will educate employees on procedures required following a motor vehicle
accident.
1 A reliable person with personal knowledge may be any employee or private citizen who directly witnesses an act in
violation of this policy, absent some circumstance that would cast doubt upon the credibility of their information.
County of Kern Alcohol and Drug Abuse Policy EXHIBIT C
Schedule C 6
H. Management will distribute the drug and alcohol policy, which will contain the name of a
person, designated to answer employee questions regarding the policy and will obtain a signed
receipt from the employee stating that they have been given a copy of the policy.
I. Department heads, managers and supervisors of those County Departments determined to be
subject to the compliance provisions of the federal Drug Free Workplace Act (those
performing work under federal grants) are specifically required to provide employees this
policy statement, to provide employees a drug awareness program and to notify the grantor
agency of any employee convicted of any workplace drug conviction within ten (10) days.
Further, the Act requires, if any employee is so convicted, appropriate personnel action be
taken against the employee within thirty (30) days.
5. PRE-EMPLOYMENT AND PRE-ASSIGNMENT TESTING
A. Covered applicants shall be required to submit to drug testing as a condition of employment.
All present employees promoted or transferred to duties in a covered job classification or
position shall be required to submit to alcohol and drug testing. Such testing shall be
conducted under the supervision of the Personnel Department under the procedures and
standards established by Part VII, Section A, and Schedule A of the County Alcohol and Drug
Abuse Policy and in accordance with the minimum standards set by 49 CFR Part 40. This
testing is mandated by and shall be conducted in accordance with 49 CFR § 382.301.
B. Persons rejected for failure to successfully pass the drug or alcohol screen will be disqualified
from accepting employment in a County position involving driving County commercial motor
vehicles for 180 days.
C. If the covered applicant or employee has, within the previous two years, been employed in any
private or public employment in which drug screen or alcohol screen testing was required, this
fact shall be disclosed and written consent shall be given by the covered applicant or employee
for the disclosure of the results of any testing performed.
6. PERIODIC RANDOM AND REASONABLE SUSPICION TESTING
A. Periodic Random Testing: As a condition of continued employment, not less than 50% of all
covered employees will be required by the Personnel Department to submit to unannounced
drug and alcohol abuse screening tests in each calendar year2
. These unannounced tests will
be conducted during the tested employee's normal work hours and at locations designated by
the Personnel Department. Covered employees will be selected for testing on a random basis.
Such testing shall be conducted under the supervision of the Personnel Department under the
procedures and standards established by Part VII, section A, and Schedule A of the County
Alcohol and Drug Abuse Policy. This testing is mandated by and shall be conducted in
accordance with 49 CFR § 382.305.
B. Reasonable Suspicion Testing: Covered employees are subject to drug and alcohol screening
under the conditions, standards and procedures established by Part V, Section B of the County
2 49 CFR § 382.305 requires that a minimum of 25% of all covered employees be tested for alcohol and a minimum of
50% of these employees be tested for drugs. Because drug testing will also detect alcohol usage in excess of 0.02%, the
two types of tests have been combined.
County of Kern Alcohol and Drug Abuse Policy EXHIBIT C
Schedule C 7
Alcohol and Drug Abuse Policy. Additional grounds for such testing are established by 49
CFR § 382.307.
C. Employees found to have a blood alcohol content of 0.02% grams or more or who test positive
for measurable amounts of a controlled substance shall be immediately relieved from the
performance of safety sensitive activities. Upon confirmation of the test results, the employee
shall be referred by the department head and Personnel to the Substance Abuse Professional
(Employee Assistance Program). The department head may initiate such disciplinary action,
including suspension without pay and discharge, as appears appropriate under the totality of
circumstances.
D. An employee determined to have a blood alcohol content of 0.02% grams or more in his/her
system or who tests positive for measurable amounts of any controlled substance shall not be
returned to safety sensitive duties until successfully completing a return to duty testing process
as outlined in Section 8 below. This testing is mandated by and shall be conducted in
accordance with 49 CFR §382.307.
7. TESTING FOLLOWING MOTOR VEHICLE ACCIDENT.
A. Employees shall submit to blood alcohol content testing (by breath test) and controlled
substance testing (by urine test) following any motor vehicle accident in a County vehicle or
in the course of County business if:
(1) The accident results in one or more vehicles incurring disabling damage that requires
towing from the site, or
(2) The accident resultsin a fatality; or
(3) The accident results in serious physical injury to any person, which requires
immediate medical care and treatment.
B. The employee shall immediately notify the department head (or his or her designated delegate)
of any accident requiring testing under this section. Notice shall be made as soon as practicable
after receiving any immediately necessary emergency medical care. Test samples of urine may
be drawn, or a breath test administered, with the consent of the employee, by the qualified
medical professionals rendering the emergency medical treatment.
C. Upon receipt of notice of an employee involved accident requiring testing under this section,
the Department Head shall notify the Personnel Department of the accident and arrange for the
conduct of an employee breath alcohol and drug test according to the procedure set forth in
Schedule A. Breath alcohol tests shall be administered within two (2) hours of the accident
and drug tests shall be administered within thirty-two (32) hours of the accident. Tests may be
conducted by local, state or federal authorities as part an investigation of the accident if copies
of the lab reports of the administration of the tests and portions of the sample for purposes of
retesting are available to the Personnel Department. No test for the purposes of determining
the presence of alcohol shall be taken more than eight (8) hours after the accident. No sample
shall be taken for purposes of determining the presence of a controlled substance more than
thirty-two (32) hours after the accident.
D. If no breath alcohol test is taken by the employee within eight (8) hours of the accident or if no
sample of urine is taken from the employee within thirty-two (32) hours of the accident, the
reason for this failure shall be documented by the department head and provided to the
Director of Personnel.
County of Kern Alcohol and Drug Abuse Policy EXHIBIT C
Schedule C 8
E. An employee involved in any motor vehicle accident requiring testing under this section may
not consume any alcohol after the accident (1) for a period of eight (8) hours, or (2) until the
blood alcohol/drug tests are performed; whichever occurs first.
This post-accident testing is mandated by and shall be conducted in accordance with the
provisions of 49 CFR § 382.303 and 49 CFR § 390.5.
8. RETURN-TO-DUTY DRUG AND ALCOHOL TESTING/FOLLOW-UP CARE
If a covered employee fails to successfully pass a periodic, random, reasonable cause or post-accident
drug or alcohol test as described herein, that employee will not be assigned to or permitted to perform
safety sensitive duties involving the operation or maintenance of commercial motor vehicles until that
employee has taken and passed a blood alcohol and drug screen test. In order to pass such a test, the
employee must have a blood alcohol content or 0.02% grams or less and a verified negative result for
controlled substance use. Each covered employee identified through evaluation by Substance Abuse
Professional (EAP) as needing assistance in resolving problems associated with alcohol use or
controlled substance use shall be subject to a program of rehabilitation and follow-up on the job
testing for the following six (6) to twelve (12) months as required by 49 CFR §382.605.
9. SYSTEM CONTACT
Any person with questions regarding this policy should contact the following representative(s):
Civil Service Records Technician OR
Asst Director of Personnel
Kern County Personnel Department
1115 Truxtun Avenue 1st floor
Bakersfield, CA 93301
(661) 868-3480
10. TESTING RECORDS, SUMMARIES AND CONFIDENTIALITY
All records concerning testing under this policy shall be maintained pursuant to the requirements of 49
CFR § 382.401. The records shall be maintained under the supervision of the Personnel Department
in a secure location with controlled access. Records shall be retained for the following minimum
periods:
A. Five Years:
(1) Test results indicating a blood alcohol concentration of 0.02% grams or more and all
positive controlled substance tests;
(2) Documentation of all refusals to test;
(3) Calibration documentation; and
(4) Copy of each annual calendar year summary required by 49 CFR § 382.403.
B. Two Years:
Records related to the alcohol and controlled substances collection process required to be
maintained by 49 CFR § 382.401(c).
County of Kern Alcohol and Drug Abuse Policy EXHIBIT C
Schedule C 9
C. One Year:
Records of negative and canceled controlled substances tests and blood alcohol test results of
less than 0.02% grams.
The records shall be made available upon written demand or lawful disclosure order to the Federal
Highway Administration or any other public safety or regulatory agency.
A particular employee's records shall be made available to the employee on written request. A particular
employee's records shall not be disclosed to any other third party except with the employee's written consent.
Records may be disclosed to nongovernmental third parties only upon lawful subpoena, issued with proof of
notice to the employee under Code of Civil Procedure § 1985.4-1985.6 or upon order of a court of competent
jurisdiction after application for disclosure by noticed motion under Evidence Code § 1040-1043.
County of Kern Alcohol and Drug Abuse Policy
Schedule D, Transit, 01/29/2013 1
SCHEDULE D
ADDENDUM TO COUNTY OF KERN DRUG AND ALCOHOL POLICY
SPECIAL ALCOHOL AND DRUG ABUSE PROVISIONS
APPLICABLE TO COUNTY EMPLOYEES PROVIDING TRANSIT SERVICES
1.0 STATEMENT OF POLICY
This addendum has been adopted as a supplement to the County of Kern’s general policies and
procedures to end substance abuse in the workplace and to assure the public safety adopted as the
“County of Kern Alcohol and Drug Abuse Policy.”
This special addendum applies to County employees assigned to provide transit services, either
through operation of transit vehicles or providing maintenance and repair services on transit
vehicles. The standards set forth in this special addendum are in addition to the general policies
and procedures applicable to all County employees. This addendum is a mandated federal
program made applicable to the County of Kern under the Omnibus Transportation Employee
Testing Act of 1991 and 49 CFR Part 655. The U.S. Department of Transportation (DOT) has
also enacted 49 CFR Part 40, as amended, that sets standards for the collection and testing of
urine and breath specimens. In addition, the DOT as enacted 49 CFR Part 29, “The Drug-Free
Workplace Act of 1988,” which requires the establishment of drug-free workplace polices and
the reporting of certain drug-related offences to the Federal Transit Administration (FTA).
2.0 PURPOSE
The purpose of this policy is to assure worker fitness for duty and to protect our employees,
customers and the public from risks posed by employee’s use of alcohol and prohibited drugs.
This policy complies with all applicable Federal regulations governing workplace anti-drug
programs in the transit industry. The Federal Transit Administration of the U.S. Department of
Transportation has enacted 49 CFR Part 655, that mandates urine drug testing and breath alcohol
testing for safety-sensitive positions and prohibits performance of safety-sensitive functions
when there is a positive test result.
Any provisions set forth in this policy that are included under the sole authority of the County
and are not provided under the authority of the above named Federal regulations are underlined.
Tests conducted under the sole authority of the County of Kern will be performed on non-DOT
forms and will be separate from DOT testing in all respects.
3.0 APPLICABILITY
This policy applies to applicants for employment and County employees who are assigned or
seek to be assigned to perform transit system duties, which are considered “safety-sensitive
functions” under 49 CFR Part 655.
A safety-sensitive function is defined as any duty, which is related to the operation of mass
transit service. These duties include operation of a revenue service vehicle, including when not
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in revenue service; operating a non-revenue service vehicle when required to be operated by a
holder of a Commercial Driver’s License; controlling dispatch or movement of a revenue service
vehicle; maintaining a revenue service vehicle or equipment used in revenue service (including
repairs, overhaul, and rebuilding); and carrying a firearm for security purposes. The job
classifications to which this Schedule D applies are as follows:
Heavy Equipment Mechanic Supervising
Heavy Equipment Mechanic
Equipment Maintenance Superintendent
The standards set forth in this Schedule D apply to any County employee in any job
classification, which requires assignment of the employee to safety-sensitive functions relating to
mass transit operations. All applicants for employment and employees performing duties in
positions subject to this Schedule D are hereafter referred to as “safety-sensitive employees.”
This schedule shall also apply to any volunteers who perform safety-sensitive functions if; (1)
the volunteer is required to hold a commercial driver’s license to operate the vehicle; or (2) the
volunteer performs a safety-sensitive function for the County and receives remuneration in
excess of his or her actual expenses incurred while engaged in the volunteer activity.
All applicants (new hire and employee transfers) for safety-sensitive positions must provide the
County with written consent, requesting DOT drug and alcohol testing records from all previous
DOT-regulated employers who have employed the applicant during any period within the two
years before the date of the application or transfer. If written consent is not provided, the County
will not permit the employee/applicant to perform safety-sensitive functions. The County is
required to ask all applicants for safety-sensitive positions whether they have tested positive, or
refused to test on any pre-employment drug or alcohol test administered by an employer to
which the employee applied for, but did not obtain, safety-sensitive transportation work covered
by DOT agency drug and alcohol testing rules during the past two years. If the applicant admits
they had a positive test or a refusal to test, the applicant will not be allowed to perform safetysensitive functions until the applicant documents they have successfully completed a referral,
evaluation and treatment plan as described in 49 CFR Part 655.
The standards of this Schedule D are more restrictive and in addition to the standards of conduct,
and drug and alcohol testing procedures applicable to all County employees. In case of any
conflict between the provisions of this Schedule D and the general County Alcohol and Drug
Testing Policy, this Schedule D shall apply.
Each safety-sensitive employee shall be provided with a copy of the “County Alcohol and Drug
Abuse Policy,” as well as this Schedule D. Each safety-sensitive employee shall execute a
written acknowledgement of receipt of the County policy and this Schedule D. Failure or refusal
to submit to testing upon the direction of the County provides sufficient grounds for refusal to
employ or for discipline of the employee under Kern County Civil Service Rules 1705.03
(conduct unbecoming) and 1705.11 (violation of any lawful order).
The County of Kern is dedicated to assuring fair and equitable application of this substance
abuse policy. Therefore, supervisors and managers are required to use and apply all aspects of
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this policy in an unbiased and impartial manner. Managers will be required to meet the
responsibilities and follow the guidelines provided in the general County Drug and Alcohol
Policy (section V.), which is incorporated herein by this reference. Any supervisor or manager
who knowingly disregards the requirements of this policy, or who is found to deliberately misuse
the policy in regard to subordinates, shall be subject to disciplinary action, up to and including
termination.
4.0 DEFINITIONS
The terms listed in Schedule D have the following definitions. The definitions of additional
terms used in this schedule but not listed in this section can be found in 49 CFR Parts 655 and
40, as amended.
4.1 Accident means an occurrence associated with the operation of a vehicle, whether
in revenue service or not, if as a result:
(a) an individual dies; or
(b) an individual suffers bodily injury and immediately receives medical
treatment away from the scene of the accident; or
(c) with respect to an occurrence in which the mass transit vehicle involved is
a bus, electric bus, van, or automobile, one or more vehicles (including
non-FTA funded vehicles) incurs disabling damage as the result of the
occurrence as such vehicle or vehicles are transported away from the
scene by a tow-truck or other vehicle.
4.2 Adulterated specimen is a specimen that has been altered, evidenced by test results
showing either a substance that is not a normal constituent for that type of
specimen or showing an abnormal concentration of an endogenous substance.
4.3 Alcohol the intoxicating agent in beverage alcohol, ethyl alcohol or other low
molecular weight alcohols, including methyl or isopropyl alcohol.
4.4 Alcohol concentration is the alcohol in volume of breath expressed in terms of
grams of alcohol per 210 liters of breath as indicated by a breath test under this
part.
4.5 Alcohol confirmation test a subsequent test using an Evidential Breath Testing
Device, following a screening test with a result of 0.02 or greater, that provides
quantitative data about the alcohol concentration.
4.6 Alcohol screening test is an analytic procedure to determine whether an employee
may have a prohibited concentration of alcohol in a breath or saliva specimen.
4.7 Alcohol use is the drinking or swallowing of any beverage, liquid mixture or
preparation (including any medication), containing alcohol.
4.8 Aliquot is a fractional part of the specimen used for testing. It is taken as a sample
representing the whole specimen.
4.9 Cancelled test a drug or alcohol test that has a problem identified that cannot be
or has not been corrected, or which 49 CFR Part 40, as amended, otherwise
requires to be cancelled. A cancelled test is neither a positive nor a negative test.
4.10 Confirmatory drug test is a second analytical procedure performed on a different
aliquot of the original specimen to identify and quantify the presence of a specific
drug or drug metabolite.
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4.11 Confirmatory validity test is a second test performed on a different aliquot of the
original urine specimen to further support a validity test result.
4.12 Confirmed drug test is a confirmation test result received by a Medical Review
Officer (MRO) from a laboratory.
4.13 Contractor means a person or organization that provides a safety-sensitive service
for a recipient, subrecipient, employer, or operator consistent with a specific
understanding or arrangement. The understanding can be a written contract or an
informal arrangement that reflects an ongoing relationship between the parties.
4.14 Covered employee means a person, including an applicant or transferee, who
performs or will perform a safety-sensitive function for the County.
4.15 Designated employer representative (DER) is an employee authorized by the
County to take immediate action(s) to remove employees from safety-sensitive
duties, or cause employees to be removed from these covered duties, and to make
required decisions in the testing and evaluation processes. The DER also receives
test results and other communications for the County, consistent with the
requirements of 49 CFR Parts 40 and 655.
4.16 Dilute specimen means a urine specimen with creatinine and specific gravity
values that are lower than expected for human urine as per the standards set for in
49 CFR Part 40, as amended.
4.17 Disabling damage is damage that precludes departure of a motor vehicle from the
scene of the accident in its usual manner in daylight after simple repairs. Disabling
damage includes damage to vehicles that could have been driven but would have
been further damaged if so driven. But does not include;
(a) damage which can be remedied temporarily at the scene of the occurrence
without special tools or parts; or
(b) tire disablement without other damage even if no spare tire is available; or
(c) damage to headlights, taillights, turn signals, horn, mirrors or windshield
wipers, which makes the vehicle inoperative.
4.18 DOT, The Department, DOT agency these terms encompass all United States
Department of Transportation agencies, including but not limited to, the United
States Coast Guard (USCG), the Federal Aviation Administration (FAA), the
Federal Railroad Administration (FRA), the Federal Motor Carrier Safety
Administration (FMCSA), the Federal Transit Administration (FTA), the National
Highway Traffic Safety Administration (NHTSA), the Pipeline and Hazardous
Materials Safety Administration (PHMSA), and the Office of the Secretary (OST).
These terms include any designee of a DOT agency.
4.19 Drug and Alcohol Program Manager (DAPM) is an employee authorized by the
County to manage and monitor the drug and alcohol testing program. This person
may make required decisions in the testing and evaluation process, maintain
required records, update policy and procedures, and monitor contractors and
vendors. The DAPM may also receive test results and other communications for
the County, consistent with the requirements of 49 CFR Part 655. The DAPM
may act as the DER.
4.20 Evidential Breath Testing Device (EBT) a device approved by the National
Highway Traffic Safety Administration (NHTSA) for the evidential testing of
breath at the 0.02 and 0.04 alcohol concentrations, placed on NHTSA’s
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Conforming Products List (CPL) for “Evidential Breath Measurement Devices”
and identified on the CPL as conforming with the model specifications available
from NHTSA’s Traffic Safety Program.
4.21 Initial drug test (also known as Screening drug test) this test is used to
differentiate a negative specimen from one that requires further testing for drugs
or drug metabolites.
4.22 Initial specimen validity test this is the first test used to determine if a urine
specimen is adulterated, diluted, substituted, or invalid.
4.23 Invalid drug test is the result reported by a Department of Health and Human
Services (HHS)-certified laboratory in accordance with the criteria established by
HHS Mandatory Guidelines when a positive, negative, adulterated, or substituted
result cannot be established for a specific drug or specimen validity test.
4.24 Laboratory any U.S. laboratory certified by HHS under the National Laboratory
Certification Program as meeting the minimum standards of Subpart C of the
HHS Mandatory Guidelines for Federal Workplace Drug Testing Programs; or, in
the case of foreign laboratories, a laboratory approved for participation by DOT
under 49 CFR Part 40, as amended.
4.25 Limit of Detection (LOD) is the lowest concentration at which a measure and can
be identified, but (for quantitative assays) the concentration cannot be accurately
calculated.
4.26 Limit of Quantitation for quantitative assays, the lowest concentration at which
the identity and concentration of the measure and can be accurately established.
4.27 Medical Review Officer (MRO) a person who is a licensed physician and who is
responsible for receiving and reviewing laboratory results generated by the
County’s drug testing program and evaluating medical explanations for certain
drug test results.
4.28 Negative dilute is a drug result which is negative for the five drug/drug
metabolites but has creatinine and specific gravity values that are lower than
expected for human urine.
4.29 Negative result is the result reported by an HHS-certified laboratory to an MRO
when a specimen contains no drug or the concentration of the drug less than the
cutoff concentration for the drug or drug class and the specimen is a valid
specimen.
4.30 Non-negative specimen a urine specimen that is reported as adulterated,
substituted, positive for drug(s) or drug metabolite(s), and/or invalid.
4.31 Non-negative test result is a test result from a urine sample reported as a nonnegative result due to one or more of the following, positive with
drug(s)/metabolite(s), positive-dilute, adulterated, substituted or an invalid result.
4.32 Oxidizing adulterant is a substance that acts alone or in combination with other
substances to oxidize drugs or drug metabolites to prevent the detection of the
drug or drug metabolites, or affects the reagents in either the initial or
confirmatory test.
4.33 Performing a safety-sensitive function means a covered employee is considered to
be performing a safety-sensitive function and includes any period in which he or
she is actually performing, ready to perform, or immediately available to perform
such functions.
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4.34 Positive result the result reported by an HHS-certified laboratory when a
specimen contains a drug or drug metabolite equal to or greater than the cutoff
concentrations.
4.35 Prohibited drug identified as marijuana, cocaine, opiates, amphetamines
(including ecstasy), or phencyclidine at levels above the minimum thresholds
specified in 49 CFR Part 40, as amended.
4.36 Reconfirmed the result reported for a split specimen when the second laboratory is
able to corroborate the original result reported for the primary specimen.
4.37 Refusal to test. Refusal to take a DOT drug or alcohol test as outlined in 49 CFR
40.191 and 40.261. As an employee you have refused to take a drug or alcohol
test if you:
(a) Fail to appear for any test (except pre-employment test) within a
reasonable time, as determined by the County, after being directed to do so
by the County.
(b) Fail to remain at the testing site until the testing process is complete.
(c) Fail to provide a urine specimen or adequate amount of breath for any
drug or alcohol test required by FTA regulations.
(d) In the case of a directly observed or monitored collection in a drug test,
fail to permit the observation or monitoring of your provision of the
specimen.
(e) Fail to provide a sufficient amount of urine or breath specimen, and it is
determined, through a required medical evaluation, that there was no
adequate medical explanation for the failure.
(f) Fail or decline to take an additional test the County or collector has directed
you to take.
(g) Fail to undergo a medical examination or evaluation, as directed by the
MRO as part of the verification process, or as directed by the DER as part
of the insufficient amount of urine or insufficient breath procedures.
(h) Fail to cooperate with any part of the test process (e.g. refuse to empty
pockets when so directed by the collector; behave in a confrontational way
that disrupts the collection process).
(i) For an observed collection, fail to follow the observer’s instructions to
raise your clothing above the waist, lower clothing and underpants, and to
turn around to permit the observer to determine if you have any type of
prosthetic or other device that could be used to interfere with the
collection process.
(j) Possess or wear a prosthetic or other device that could be used to interfere
with the collection process.
(k) Admit to the collector or MRO that you adulterated or substituted the
specimen.
(l) As an employee, if the MRO reports that you have a verified adulterated
or substituted test result, you have refused to take a drug test.
(m) As an employee, if you refuse to take a drug test, or alcohol test, you incur
the consequences under the FTA regulations as specified in 49 CFR Part
655.
(n) Fail to sign the certification at Step 2 of the Alcohol Testing Form
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4.38 Rejected for testing the result reported by an HHS-certified laboratory when no
tests are performed for a specimen because of a fatal flaw or a correctable flaw
that is not corrected.
4.39 Safety-sensitive function means any of the following duties, when performed by
employees of recipients, subrecipients, operators, or contractors:
(a) operating a revenue service vehicle, including when not in revenue
service;
(b) operating a non-revenue service vehicle, when required to be operated by
a holder of a Commercial Driver’s License;
(c) controlling dispatch or movement of a revenue service vehicle;
(d) maintaining (including repairs, overhaul, and rebuilding) a revenue service
vehicle or equipment used in revenue service; and
(e) carrying a firearm for security purposes.
4.40 Split specimen collection a collection in which the urine collected is divided into
two separate specimen bottles, the primary specimen (Bottle A and the split
specimen (Bottle B).
4.41 Substance Abuse Professional (SAP) a licensed physician (medical doctor or doctor
of osteopathy) or licensed or certified psychologist, social worker, employee
assistance professional, state-licensed marriage and family therapist, or addiction
counselor (certified by the National Association of Alcoholism and Drug Abuse
Counselors Certification Commission or by the International Certification
Reciprocity Consortium/Alcohol and other Drug Abuse (ICRC) or by the
National Board for Certified Counselors, Inc. and Affiliates/Master Addictions
Counselor (NBCC)) with knowledge of and clinical experience in the diagnosis
and treatment of drug and alcohol related disorders. Substituted specimen a urine
specimen with creatinine and specific gravity values that are so diminished or so
divergent that they are not consistent with human urine.
4.42 Refusal to test. Refusal to take a DOT drug or alcohol test as outlined in 49 CFR
40.191 and 40.261. As an employee you have refused to take a drug or alcohol
test if you:
(o) Fail to appear for any test (accept pre-employment test) within a
reasonable time, as determined by the County, after being directed to do so
by the County.
(p) Fail to remain at the testing site until the testing process is complete.
(q) Fail to provide a urine specimen or adequate amount of breath for any
drug or alcohol test required by FTA regulations.
(r) In the case of a directly observed or monitored collection in a drug test,
fail to permit the observation or monitoring of your provision of the
specimen.
(s) Fail to provide a sufficient amount of urine or breath specimen, and it is
determined, through a required medical evaluation, that there was no
adequate medical explanation for the failure.
(t) Fail or decline to take an additional test the County or collector has directed
you to take.
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(u) Fail to undergo a medical examination or evaluation, as directed by the
MRO as part of the verification process, or as directed by the DER as part
of the “shy bladder” or “shy lung” procedures.
(v) Fail to cooperate with any part of the test process (e.g. refuse to empty
pockets when so directed by the collector, behave in a confrontational way
that disrupts the collection process).
(w) As an employee, if the MRO reports that you have a verified adulterated
or substituted test result, you have refused to take a drug test.
(x) Fail to sign the certification at Step 2 of the Alcohol Testing Form.
Verified negative test means a drug test result reviewed by a MRO and determined to have no
evidence of prohibited drug use above the minimum cutoff levels established by the Department
of Health and Human Services.
Verified positive test means a drug test result reviewed by a MRO and determined to have
evidence of prohibited drug use above the minimum cutoff levels specified in 49 CFR Part 40 as
revised.
Validity testing is the evaluation of the specimen to determine if it is consistent with normal
urine. The purpose of validity testing is to determine whether certain adulterants or foreign
substances were added to the urine, if the urine was diluted, or if the specimen was substituted.
5.0 EDUCATION AND TRAINING
Every covered employee will receive a copy of this policy and will have ready access to the
corresponding federal regulations including 49 CFR Parts 655 and 40, as amended. In addition,
all covered employees will undergo a minimum of 60 minutes of training on the signs and
symptoms of drug use including the effects and consequences of drug use on personal health,
safety, and the work environment. The training also includes manifestations and behavioral cues
that may indicate prohibited drug use.
All supervisory personnel or County employees who are in the position to determine employee
fitness for duty will receive 60 minutes of reasonable suspicion training on the physical,
behavioral, and performance indicators of probable drug use and 60 minutes of additional
reasonable suspicion training on the physical, behavioral, speech, and performance indicators of
probable alcohol misuse.
6.0 PROHIBITED SUBSTANCES
“Prohibited substances” addressed in this policy shall include the following:
6.1 Illegally Used Controlled Substances or Drugs
Under the Drug-Free Workplace Act of 1988 any drug or any substance identified
in Schedule I through V of Section 202 of the Controlled Substance Act (21
U.S.C. 812), and as further defined by 21 CFR 1300.11 through 1300.15 is
prohibited at all times in the workplace unless a legal prescription has been written
for the substance. This includes, but is not limited to: marijuana, amphetamines,
opiates, phencyclidine (PCP), and cocaine, as well as any drug not
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approved for medical use by the U.S. Drug Enforcement Administration or the
U.S. Food and Drug Administration. Illegal use includes use of any illegal drug,
misuse of legally prescribed drugs, and use of illegally obtained prescription
drugs. Also, the medical use of marijuana, or the use of hemp related products, as
which cause drug or drug metabolites to be present in the body above the minimum
thresholds is a violation of this policy.
FTA drug testing regulations, 49 CFR Part 655, require that all covered
employees be tested for marijuana, cocaine, amphetamines (including
methamphetamine and ecstasy), opiates (including heroin), and phencyclidine as
described in Section 9.0 of this policy. Illegal use of these five drugs is prohibited
at all times and thus, covered employees may be tested for these drugs anytime
that they are on duty.
6.2 Legal Drugs
The appropriate use of legally prescribed drugs and non-prescription medication
is not prohibited. However, the use of any substance which carries a warning
label that indicates that mental functioning, motor skills or judgment may be
adversely affected shall be reported to supervisory personnel and a release to
work by the employee’s treating physician should be sought, as appropriate, before
performing safety-sensitive duties.
A legally prescribed drug means that the individual has a prescription or written
approval from a physician for the use of a drug in the course of medical treatment.
It must include the patient’s name, the name of the substance, quantity/amount to
be taken, and the period of authorization. The misuse or abuse of legal drugs
while performing transit business is prohibited.
6.3 Alcohol
The use of beverages containing alcohol (including any mouthwash, medication.
food, and candy) or substances including any medication such that alcohol is
present in the body while performing safety-sensitive duties is prohibited. An
alcohol test shall only be performed on a covered employee under 49 CFR Part
655 just before, during, or just after the performance of safety-sensitive duties.
The concentration of alcohol is expressed in terms of grams of alcohol per 210
liters of breath as measured by an EBT.
7.0 PROHIBITED CONDUCT
All employees are prohibited from reporting for duty or remaining on duty any time there is a
quantifiable presence of a prohibited drug in the body above the minimum thresholds defined in
49 CFR Part 40, as amended.
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7.1 Manufacture, Trafficking, Possession and Use
Consistent with the Drug-free Workplace Act of 1988, any employee engaging in
the manufacture, distribution, dispensing, possession, or use of prohibited
substances on County premises, transit authority premises, in transit vehicles, in
uniform, or while on transit authority business will be subject to disciplinary
action, up to and including termination. Law enforcement shall be notified, as
appropriate, where criminal activity is suspected.
7.2 Alcohol Use
No safety-sensitive employee shall report for duty or be allowed to remain on
duty when his/her ability to perform assigned functions is affected by alcohol or
when his/her breath alcohol concentration is 0.02 or greater. The County shall not
permit any safety-sensitive employee to perform or continue to perform safetysensitive functions if it has actual knowledge that the employee is using alcohol.
No employee shall use alcohol while on-duty, during on-call hours, or while
performing safety-sensitive functions. No employee shall have used alcohol
within four hours of reporting for duty. If an on-call employee has consumed
alcohol, they must acknowledge the use of alcohol at the time that they are called
to report for duty. Violation of these provisions is prohibited and shall result in
disciplinary action, up to and including termination.
No safety-sensitive employee will be allowed to perform or continue to perform
safety-sensitive functions who is found to have an alcohol concentrations of 0.02
or greater but less than 0.04. The employee may return to duty when their alcohol
concentration measures less than 0.02 or the start of the employee’s next regularly
scheduled duty period, but not less than eight hours following administration of
the test.
No covered employee shall consume alcohol for eight (8) hours following
involvement in an accident or until he/she submits to the post-accident alcohol
test, whichever occurs first.
7.3 Compliance With Testing Requirements
All safety-sensitive employees will be subject to urine drug testing and breath
alcohol testing. Any employee who refuses to comply with a request for testing,
who provides false information in connection with a test, or who attempts to
falsify test results through tampering, contamination, adulteration, or substitution,
shall be removed from duty immediately, and subject to disciplinary action, up to
and including termination. Refusal can include an inability to provide a specimen
or breath sample without valid medical explanation, as well as a verbal
declaration, obstructive behavior, or physical absence resulting in the inability to
conduct the test.
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7.4 Treatment Requirements
All employees are encouraged to make use of the available resources for
treatment for alcohol and substance abuse problems. Under certain
circumstances, employees may be required to undergo treatment for substance
abuse. Any employee who refuses or fails to comply with the County of Kern’s
requirements for treatment, after care, or return-to-duty shall be subject to
disciplinary action, up to and including termination.
7.5 SAP Compliance
Any individual (employee or applicant) who has a positive drug test, a breath
alcohol concentration of 0.04 or greater, or refused a test, must be provided a list
of Substance Abuse Professionals (SAP).
8.0 DRUG STATUTE CONVICTION
Consistent with the Drug Free Workplace Act of 1988, all employees directly involved in transit
work are required to notify the County of any criminal drug statute conviction for a violation
occurring in the workplace within five calendar days after such conviction. Failure to comply
with this provision shall result in disciplinary action, up to and including termination.
9.0 TESTING REQUIREMENTS
Analytical urine drug testing and breath testing for alcohol will be conducted as required by 49
CFR Part 40, as amended. All covered employees shall be subject to pre-employment testing
prior to performing safety-sensitive duties, for reasonable suspicion, following an accident,
random, and return-to-duty/follow-up. A drug test can be performed any time a covered employee
is on duty. An alcohol testshall only be performed just before, during, or just after the performance
of a safety-sensitive duty.
All covered employees will be subject to urine drug testing and breath alcohol testing as a
condition of ongoing employment with the County. Any safety-sensitive employee who refuses
to comply with a request for testing shall be removed from duty and subject to disciplinary
action, up to and including termination
The County affirms the need to protect individual dignity, privacy, and confidentiality
throughout the testing process. If at any time the integrity of the testing procedures or the
validity of the test results is compromised, the test will be canceled. Minor inconsistencies or
procedural flaws that do not impact the test result will not result in a cancelled test.
10.0 DRUG TESTING PROCEDURES
Testing shall be conducted in a manner to assure a high degree of accuracy and reliability and
using techniques, equipment and laboratory facilities, which have been approved by the U.S.
Department of Health and Human Services (HHS). The collection and analysis of urine samples
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used for drug testing will be conducted consistent with the procedures set forth in 49 CFR Part
40, as amended. The procedures will be performed in a private, confidential manner and every
effort will be made to protect the employee, the integrity of the drug testing procedure, and the
validity of the test result.
The drugs that will be tested for include marijuana, cocaine, opiates (including heroin),
amphetamines (including methamphetamine and ecstasy), and phencyclidine. After the identity
of the donor is checked using picture identification, a urine specimen will be collected using the
split specimen collection method described in 49 CFR Part 40, as amended. Each specimen will
be accompanied by a DOT Chain of Custody and Control Form and identified using a unique
identification number that attributes the specimen to the correct individual. The specimen
analysis will be conducted at a HHS certified laboratory. An initial drug screen will be conducted
on each urine specimen. For those specimens that are not negative, a confirmatory Gas
Chromatography/Mass Spectrometry (GC/MS) test will be performed. The test will be
considered positive if the amounts of the drug(s) or its metabolites identified by the GC/MS test
are above the minimum thresholds established in 49 CFR Part 40, as amended.
The test results from the HHS certified laboratory will be reported to a Medical Review Officer.
A Medical Review Officer (MRO) is a licensed physician with detailed knowledge of substance
abuse disorders and drug testing. The MRO will review the test results to ensure the scientific
validity of the test and to determine whether there is a legitimate medical explanation for a
confirmed positive, substitute, or adulterated test result. The MRO will attempt to contact the
employee to notify the employee of the non-negative laboratory result, and provide the employee
with an opportunity to explain the confirmed laboratory test result. The MRO will subsequently
review the employee’s medical history/medical records as appropriate to determine whether
there is a legitimate medical explanation for a non-negative laboratory result. If no legitimate
medical explanation is found, the test will be verified positive or refusal to test and reported to
the County Drug and Alcohol Program Manager (DAPM). If a legitimate explanation is found,
the MRO will report the test as negative to the DAPM and no further action will be taken. If the
test is invalid without a medical explanation, a retest will be conducted under direct observation.
There is no split specimen testing for an invalid result.
When the laboratory reports to the MRO that a specimen is dilute, the MRO will report to the
DAPM that the specimen in addition to being negative or positive, is dilute. If the MRO reports
a positive drug test is dilute the test is considered a verified positive test. If the MRO reports a
negative test was dilute and directs the County to conduct a recollection under direct observation
because the creatinine concentration of the specimen was equal to or greater than 2 mg/dL, but
less than or equal to 5 mg/dL, the County will do so immediately. If the creatinine concentration
of the dilute specimen is greater than 5 mg/dL, another test is not required. When a recollection
is required the County will ensure that the employee is given the minimum possible advance
notice to report to the collection site. The County will treat the result of the recollection test as
the test of record, not the prior test. If the result of the test required under this section is also
negative and dilute, the County will not require the employee to take an additional test because
the result was dilute. Provided, however, that if the MRO directs the County to conduct a
recollection under direct observation under 49 CFR Part 40.197(b)(1), the County must
County of Kern Alcohol and Drug Abuse Policy
Schedule D, Transit, 01/29/2013 13
immediately do so. If the employee declines to take a test as directed under this section the
employee has refused the test for purposes of this policy and the FTA regulations.
Any covered employee who questions the results of a required drug test under this policy may
request the split sample be tested. The split sample test must be conducted at a second HHS
certified laboratory with no affiliation with the laboratory that analyzed the primary specimen.
The test must be conducted on the split sample that was provided by the employee at the same
time as the primary sample. The method of collecting, storing, and testing the split sample will
be consistent with the procedures set forth in 49 CFR Part 40, as amended. The employee’s
request for a split sample test must be made to the MRO within 72 hours of notice of the original
sample verified test result. Requests after 72 hours will only be accepted at the discretion of the
MRO if the delay was due to documentable facts that were beyond the control of the employee.
The County will ensure that the costs for the testing of the split specimen are covered in order for
a timely analysis for the sample.
If the analysis of the split specimen fails to confirm the presence of the drug(s) detected in the
primary specimen, if the split specimen is not able to be analyzed, or if the results of the split
specimen are not scientifically adequate, the MRO will declare the original test to be canceled
and will direct the County to retest the employee under direct observation.
The split specimen will be stored at the initial laboratory until the analysis of the primary
specimen is completed. If the primary specimen is negative, the split will be discarded. If the
primary is positive, the split will be retained for testing if so requested by the employee through
the MRO. If the primary specimen is positive, it will be retained in frozen storage for one year
and the split specimen will also be retained for one year.
10.1 Observed Collections
Consistent with 49 CFR Part 40, as amended, collection under direct observation
(by a person of the same gender) with no advance notice will occur if:
(a) the laboratory reports to the MRO that a specimen is invalid, and the MRO
reports to the County that there was not an adequate medical explanation
for the result; or
(b) The MRO reports to the County that the original positive, adulterated, or
substituted test result had to be cancelled because the test of the split
specimen could not be performed; or
(c) The laboratory reported to the MRO that the specimen was negative-dilute
with a creatinine concentration greater than or equal to 2 mg/dL but less
than or equal to 5 mg/dL, and the MRO reported the specimen to the
County as negative-dilute and that a second collection must take place
under direct observation; or
(d) The collector observes materials brought to the collection site or the
employee’s conduct clearly indicates an attempt to tamper with a
specimen; or
(e) The temperature on the original specimen was out of range.
County of Kern Alcohol and Drug Abuse Policy
Schedule D, Transit, 01/29/2013 14
(f) It is apparent from inspection that the employee has tampered with the
specimen; the collector must immediately conduct a new collection using
direct observation procedures.
In addition, the County must direct a collection under observation of an employee
if the drug test is a return-to-duty test or follow-up test.
If the covered employee declines to allow a directly observed collection as
required under this policy this is a refusal to test.
11.0 ALCOHOL TESTING PROCEDURES
Tests for breath alcohol concentration will be conducted utilizing a National Highway Traffic
Safety Administration (NHTSA) approved Evidential Breath Testing device (EBT) operated by a
trained Breath Alcohol Technician (BAT). Alcohol screening tests may be performed using a
non-evidential testing device which is also approved by the NHTSA. If the initial test indicates
an alcohol concentration of 0.02 or greater, a second test will be performed to confirm the results
of the initial test. The confirmatory test will be conducted at least fifteen minutes after the
completion of the initial test, using a NHTSA approved EBT operated by a trained BAT. The
EBT will identify each test by a unique sequential identification number. This number, time, and
unit identifier will be provided on each EBT printout. The EBT printout, along with an approved
alcohol testing form, will be used to document the test, the subsequent results, and to attribute
the test to the correct employee. The test will be performed in a private, confidential manner as
required by 49 CFR Part 40, as amended. The procedure will be followed as prescribed to
protect the employee and to maintain the integrity of the alcohol testing procedures and the
validity of the test result.
An employee who has a confirmed alcohol concentration of 0.04 or greater will be considered a
positive alcohol test and in violation of this policy. An employee who has a confirmed alcohol
concentration equal to or greater than 0.02 but less than 0.04 is not considered positive, the
employee will be removed from his/her position for eight hours unless a retest results in a
concentration of less than 0.02. An alcohol concentration less than 0.02 will be considered a
negative test.
The Alcohol Testing Form (ATF) required by 49 CFR 40, as amended, shall be used for all FTA
required testing. Failure of the employee to sign step 2 of the ATF will be considered a refusal
to submit to testing.
12.0 TYPES OF TESTING
12.1 Pre-Employment
(a) Before allowing a covered employee or applicant to perform a safetysensitive function for the first time, the employee shall undergo urine drug
testing with a verified negative result.
County of Kern Alcohol and Drug Abuse Policy
Schedule D, Transit, 01/29/2013 15
(b) When a covered employee or applicant has previously failed or refused a
pre-employment drug test, under 49 CFR Part 655, the employee must
provide the County proof of having successfully completed a referral,
evaluation, and treatment plan as described in 49 CFR Part 655.62.
(c) An employee may not transfer from a non-safety sensitive function to a
safety-sensitive function until the employee takes a pre-employment drug
test with a verified negative result.
(d) If a pre-employment drug test is canceled, the County shall require the
covered employee or applicant to take another pre-employment drug test
with a verified negative.
(e) When a covered employee or applicant has not performed a safetysensitive function for 90 consecutive calendar days regardless of the
reason, and the employee has not been in the County’s random selection
pool during that time, the employee must take a pre-employment drug test
with a verified negative result.
12.2 Reasonable Suspicion Testing
All covered employees will be subject to a reasonable suspicion drug and/or
alcohol test when there is reasonable suspicion that the covered employee has
used a prohibited drug and/or engaged in alcohol misuse. Reasonable suspicion
shall mean that there is objective evidence based upon specific, contemporaneous,
articulable observations of the employee’s appearance, speech or body odor that
are consistent with possible drug use and/or alcohol misuse. Reasonable
suspicion referrals must be made by one or more supervisors who are trained to
detect the signs and symptoms of drug use and alcohol misuse, and who
reasonably concludes that an employee may be adversely affected or impaired in
his/her work performance due to possible prohibited substance abuse or alcohol
misuse. A reasonable suspicion alcohol test shall only be conducted just before,
during, or just after the performance of a safety-sensitive job function. An
employee who refuses an instruction to submit to a drug and/or alcohol test under
this section, will be immediately removed from performance of safety-sensitive
duties, referred to a SAP and shall not be permitted to finish his/her shift and may
be subject to disciplinary action, up to and including termination.
12.3 Post-Accident Testing
(a) Fatal Accidents
All covered employees will be required to undergo drug and alcohol testing
if they are involved in an accident with a transit vehicle regardless of
whether or not the vehicle is in revenue service at the time of the
accident that results in a fatality. This includes all surviving covered
employees that are operating the vehicle at the time of the accident and
any other covered employee whose performance could have contributed to
the accident. Post-accident drug and alcohol testing of the employee is not
required under 49 CFR Part 655.44 if the covered employee is tested
County of Kern Alcohol and Drug Abuse Policy
Schedule D, Transit, 01/29/2013 16
under the fatal accident testing requirements of the Federal Motor Carrier
Safety Administration rule 49 CFR 389.303 (a)(1) or (b)(1).
(b) Nonfatal Accidents
As soon as practicable following an accident not involving the loss of
human life in which a transit vehicle is involved, the County shall drug
and alcohol test each covered employee operating the transit vehicle at the
time of the accident unless the supervisor investigating the accident
determines, using the best information available at the time of the
decision, that the covered employee’s performance can be completely
discounted as a contributing factor to the accident. The County shall also
drug and alcohol test any other covered employee whose performance
could have contributed to the accident, as determined by the supervisor
investigating the accident using the best information available at the time
of the decision. Such a decision must be documented in detail, including
the decision making process used to reach the decision not to test.
In addition, a post-accident test will be conducted if an accident results in
injuries requiring immediate transportation to a medical treatment facility,
or one or more of the vehicles involved incurs disabling damage, unless
the covered employees’ performance can be completely discounted as a
contributing factor to the accident.
The appropriate transit supervisor shall ensure that an employee, required
to be tested under this section, is tested as soon as practicable, but no
longer than eight hours after the accident for alcohol, and within 32 hours
for drugs. If an alcohol test is not performed within two hours of the
accident, the supervisor shall prepare and maintain on file a record stating
the reasons the alcohol test was not properly administered. If the alcohol
test is not conducted within eight hours, or the drug test within 32 hours,
following an accident, attempts to conduct the test shall cease and the
reasons for the failure to test documented. Records shall be submitted to
the FTA upon request of the Administrator.
Any covered employee involved in an accident must refrain from alcohol
use for eight hours following the accident, or until he/she undergoes a
post-accident alcohol test. An employee who is subject to post-accident
testing who fails to remain readily available for such testing, including
notifying a supervisor of his or her location if he/she leaves the scene of
the accident prior to submission to such test, may be deemed to have
refused to submit to testing, and subject to disciplinary action, up to and
including termination.
Nothing in this section shall be construed to require the delay of necessary
medical attention for the injured following an accident, or to prohibit an
employee from leaving the scene of an accident for the period necessary to
County of Kern Alcohol and Drug Abuse Policy
Schedule D, Transit, 01/29/2013 17
obtain assistance in responding to the accident, or to obtain necessary
emergency medical care.
In the rare event that the County is unable to perform an FTA drug and
alcohol test (i.e., employee is unconscious, employee is detained by a law
enforcement agency), the County may use drug and alcohol post-accident
test results administered by local law enforcement officials in lieu of the
FTA test. The local law enforcement officials must have independent
authority for the test and the County must obtain the results in
conformance with local law.
12.4 Random Testing
As a condition of employment, safety-sensitive employees will be subject to
random, unannounced drug and alcohol testing. The selection of employees for
random drug and alcohol testing shall be made by a scientifically valid method of
randomly generating an employee identifier from the appropriate pool of safetysensitive employees. Under the selection process used, each covered employee
shall have an equal chance of being tested each time selections are made.
The number of employees randomly selected for drug and alcohol testing during
the calendar year shall be no less than the percentage rates established by the FTA
Administrator. Each year the FTA Administrator will publish in the Federal
Register the minimum annual percentage rates for random drug and alcohol testing
for covered employees. The Administrator’s decision to increase or decrease the
minimum annual percentage rate for random drug and alcohol testing based,
respectively on the reported positive drug and alcohol violation rates for the
entire industry. All information used for this determination is drawn from the drug
and alcohol Management Information System (MIS) reports required by 49 CFR
Part 655. Due to the low number of covered employees in the FTA random testing
pool, twelve or fewer employees, the minimum random testing rates the County
will allow are 50 percent for random drug testing and 25 percent for random
alcohol testing. These minimum rates are to ensure that at least one test is conducted
per quarter and to ensure enough tests are performed to avoid revealing test results
for any individual due to the limited number of tests performed.
Random drug and alcohol tests conducted under this policy are unannounced and
unpredictable, and the dates for administering random tests are spread reasonable
throughout the calendar year. Random testing will be conducted at all times of
the day when safety-sensitive functions are performed. A covered employee shall
only be randomly tested for alcohol misuse while the employee is performing
safety-sensitive functions; just before the employee is to perform safety-sensitive
functions; or just after the employee has ceased performing such functions. A
covered employee may be randomly tested for prohibited drug use anytime while
on duty. Employees are required to proceed immediately to the collection site
upon notification of their random selection.
County of Kern Alcohol and Drug Abuse Policy
Schedule D, Transit, 01/29/2013 18
Covered employees that fall under the FTA regulations will only be included in
the random pool maintained for FTA random testing, which is maintained
separately from the random testing pool for the Federal Motor Carrier Safety
Administration.
12.5 Return-To-Duty Testing
All covered employees who have a verified positive drug test result, a confirmed
alcohol test of 0.04 or greater, and/or has refused to submit to a test, must test
negative for drugs and below 0.02 for alcohol and be evaluated and released by
the Substance Abuse Professional (SAP) before returning to perform safetysensitive functions. For an initial positive drug test a Return-to-Duty drug test is
required and an alcohol test is allowed. For an initial positive alcohol test a
Return-to-Duty alcohol test is required and a drug test allowed. The SAP will
follow the procedures as outlined in 49 CFR Part 40, as amended. Following the
initial assessment, the SAP will recommend a course of rehabilitation unique to
the individual. The SAP will recommend the return-to-duty test only when the
employee has successfully completed the treatment requirement and is known to
be drug and alcohol-free and there is no undo concerns for public safety.
12.6 Follow-Up Testing
Following the employee’s return to duty, he or she will be subject to follow-up
drug and alcohol testing as determined by the SAP, which shall be performed for
a period of one to five years. The testing shall consist of a minimum of six
unannounced follow-up drug and/or alcohol tests with verified negative results in
the first twelve months following the employee’s return to duty. Follow-up
testing should be frequent enough to deter and/or detect a relapse. Follow-up
testing is separate and in addition to the random, post-accident, reasonable
suspicion and return-to-duty testing.
12.7 Employee Requested Testing
Any employee who questions the results of a required drug test under paragraphs
12.1 through 12.6, of this policy may request that a split sample be tested. This
test must be conducted at a different testing HHS-certified laboratory with no
affiliation with the laboratory that analyzed the primary specimen. The test must
be conducted on the split sample that was provided at the same time as the
original sample. The County is financially responsible for making sure the split
specimen is tested in a timely manner, however, the County will seek
reimbursement for the split specimen testing from the employee unless the second
test invalidates the original test. The method of collecting, storing and testing the
split sample will be consistent with the procedures set forth in 49 CFR Part 40, as
amended. The employee’s request for a retest must be made to the MRO within
72 hours of notice of the initial test result. Requests after 72 hours will only be
County of Kern Alcohol and Drug Abuse Policy
Schedule D, Transit, 01/29/2013 19
accepted if the delay was due to documentable facts that were beyond the control
of the employee.
13.0 CONSEQUENCES
Any covered employee that has a verified positive drug result, or a confirmed alcohol test of 0.04
or greater, or refuses to submit to a drug or alcohol test required by this policy shall immediately
be removed from their safety-sensitive position, informed of educational and rehabilitation
programs available, and referred to a SAP for assessment. Before the County will allow a
covered employee to resume performing a safety-sensitive function, the County shall ensure the
employee has met the requirements of 49 CFR Part 40, as amended, for returning to duty,
including taking a return-to-duty drug and/or alcohol test, and has been evaluated and released
by the SAP.
14.0 GRIEVANCE AND APPEAL
The consequences specified by 49 CFR Part 40.149 (c) for a positive test or test refusal is not
subject to arbitration.
15.0 RETENTION OF RECORDS
The County shall maintain all records of its anti-drug and alcohol misuse program as provided
under this policy pursuant to the requirements of 49 CFR Part 655. The records shall be
maintained under supervision of the Personnel Department in a secure location with controlled
access. Each record shall be maintained for the specified minimum period of time as measured
from the date of creation of the record in accordance with the schedule outlined in 49 CFR Part
655.
16.0 INFORMATION DISCLOSURE
The County shall not release information pertaining to any covered employee contained in
records required to be maintained by this policy except as required by law or expressly authorized
or required by 49 CFR Part 655.
A covered employee is entitled, upon written request, to obtain copies of any records pertaining
to the covered employee’s use of prohibited drugs or misuse of alcohol, including any records
pertaining to his or her drug or alcohol test. The County will provide the requested records
promptly and access to the records shall not be contingent upon receipt of payment for production
of the records. Covered employees also have the right to gain access to any pertinent records such
as equipment calibration records, and records of laboratory certifications. Employees may not
have access to SAP referrals and follow-up testing plans.
The County shall permit access to all facilities utilized and records maintained in complying with
the requirements of this policy to any DOT agency with regulatory authority over the County or
any of its employees. Upon request the County shall disclose data for its drug and alcohol
testing programs, and any information pertaining to the County’s anti-drug and alcohol misuse
programs required to be maintained by this policy to any DOT agency with regulatory authority
the County or its employees.
When requested by the National Transportation Safety Board as part of an accident investigation,
the County shall disclose its drug and alcohol testing information related to the accident under
investigation.
Records shall be made available to a subsequent employer upon receipt of a written request from
the covered employee. Subsequent disclosure by the County is permitted only as expressly
authorized by the terms of the covered employee’s request. The County shall release information
regarding a covered employee’s record as directed by the specific, written consent of the employee
authorizing release of the information to an identified person.
The County may disclose information required to be maintained under this policy pertaining to a
covered employee, to the employee or the decision maker in a lawsuit, grievance, or other
proceeding initiated by or on behalf of the individual, and arising from the results of a drug or
alcohol test under this policy. Including, but not limited to, a worker’s compensation,
unemployment compensation, or other proceeding relating to a benefit sought by the covered
employee.
The County will disclose drug and alcohol testing information and records maintained under this
policy to the California Department of Transportation or their contractor when required to certify
to the FTA compliance with the drug and alcohol testing procedures of 49 CFR Parts 40 and 655.
The County shall disclose a covered employee’s records upon lawful subpoena, issued with
proof of notice to the employee or upon order of a court of competent jurisdiction after application
for disclosure by noticed motion under Evidence Code sections 1040-1043.
17.0 SYSTEM CONTACT
Any person with questions regarding this policy or any aspect of the prevention of alcohol
misuse and prohibited drug use in the County’s transit program should contact:
Kern County Human Resources 1115
Truxtun Avenue, First Floor Bakersfield,
CA 93301
(661) 868-3480
County of Kern Alcohol and Drug Abuse Policy
Schedule E, 12/18/2018 21
SCHEDULE E
ADDENDUM TO COUNTY OF KERN ALCOHOL AND DRUG ABUSE POLICY
SPECIAL ALCOHOL AND DRUG ABUSE PROVISIONS APPLICABLE TO THE
UNITED STATES DEPARTMENT OF TRANSPORTATION’S DRUG AND ALCOHOL
TESTING REGULATION (49 CFR PART 40)
PURPOSE
The United States Department of Transportation (USDOT) – Office of Drug and Alcohol Policy
and Compliance (ODAPC) has issued an update to USDOT’s drug and alcohol testing regulation
(49 CFR Part 40). The new regulation has been revised and the changes (summarized below)
became effective on January 1, 2018, and the transit agencies with the County of Kern’s drug and
alcohol testing policy is amended as follows:
1. CHANGES TO THE DRUG TESTING PANEL
A. Four new opioids added to the drug testing panel –
(1) The USDOT drug test remains a “5-panel” drug test; however, the list of
opioids for which are tested will expand from three to seven opioids.
(2) The “opioid” category will continue to test for codeine, morphine, and heroin;
however, the “opioid” testing panel will now be expanded to include four (4)
new semi-synthetic opioids:
i. (1) Hydrocodone, (2) Hydromorphone, (3) Oxycodone, and (4)
Oxymorphone.
ii. Common brand names for these semi-synthetic opioids include, but
may not be limited to: OxyContin®, Percodan®, Percocet®, Vicodin
®, Lortab®, Norco®, Dilaudid®, Exalgo®.
B. ‘MDA’ will be tested as an initial test analyte
C. ‘MDEA’ will no longer be tested for under the “amphetamines” category.
2. BLIND SPECIMEN TESTING
A. The USDOT no longer requires blind specimens to be submitted to laboratories.
3. ADDITIONS TO THE LIST OF “FATAL FLAWS”
A. The following three circumstances have been added to the list of “fatal flaws”:
(1) No CCF received by the laboratory with the urine specimen.
(2) In cases where a specimen has been collected, there was no specimen
submitted with the CCF to the laboratory.
(3) Two separate collections are performed using one CCF.
County of Kern Alcohol and Drug Abuse Policy
Schedule E, 12/18/2018 22
4. MRO VERIFICATION OF PRESCRIPTIONS
A. When a tested employee is taking a prescribed medication, after verifying the
prescription and immediately notifying the employer of a verified negative result, the
MRO must then (after notifying the employee) wait five (5) business days to be
contacted by the employee’s prescribing physician before notifying the employer of
a medical qualification issue or significant safety risk.
(1) Specifically, in cases where an MRO verifies a prescription is consistent with
the Controlled Substances Act, but that the MRO has still made a
determination that the prescription may disqualify the employee under other
USDOT medical qualification requirements, or that the prescription poses a
significant safety-risk, the MRO must advise the employee that they will have
five (5) business days from the date the MRO reports the verified negative
result to the employer for the employee to have their prescribing physician
contact the MRO. The prescribing physician will need to contact the MRO to
assist the MRO in determining if the medication can be changed to one that
does not make the employee medically unqualified or does not pose a
significant safety risk. If in the MRO’s reasonable medical judgment, a
medical qualification issue or a significant safety risk still remains after the
MRO communicates with the employee’s prescribing physician, or after five
(5) business days, whichever is shorter, the MRO must communicate this
issue to the employer consistent with 49 CFR Part 40.327.
5. DEFINITIONS
A. The term “DOT, the Department, DOT Agency”
(1) Modified to encompass all DOT agencies, including, but not limited to, FAA,
FRA, FMCSA, FTA, PHMSA, NHTSA, Office of the Secretary (OST), and
any designee of a DOT agency.
(2) For the purposes of testing under 49 CFR Part 40, the USCG (in the
Department of Homeland Security) is considered to be a DOT agency for drug
testing purposes.
B. The term “Opiate” is replaced with the term “Opioid” in all points of reference.
C. The definition of “Alcohol Screening Device (ASD)” is modified to include
reference to the list of approved devices as listed on ODAPC’s website.
D. The definition of “Evidential Breath Testing Device (EBT)” is modified to include
reference to the list of approved devices as listed on ODAPC’s website.
E. The definition of “Substance Abuse Professional (SAP)” will be modified to include
reference to ODAPC’s website. The fully revised definition includes:
(1) A licensed physician (medical doctor or doctor of osteopathy) or licensed or
certified psychologist, social worker, employee assistance professional, statelicensed or certified marriage and family therapist, or drug and alcohol
counselor (certified by an organization listed at
https://www.transportation.gov/odapc/sap) with knowledge of and clinical
experience in the diagnosis and treatment of drug and alcohol related
disorders.
NOTE: The revisions listed in this addendum include only those revisions to 49 CFR Part 40 which
may be referenced in our drug & alcohol testing policy. A list of all the revisions made to 49 CFR
Part 40 can be found at https://www.transportation.gov/odapc.
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EXHIBIT D
RETURN TO WORK, INTERACTIVE PROCESS,
AND DISABILITY MANAGEMENT PROGRAM
Statement of Policy
It is the policy of the County of Kern to provide employees who have suffered illnesses or injuries that
temporarily limit their ability to perform normal job duties with temporary limited duty assignments,
regardless of whether the injury or illness is industrially related.
It is also the policy of the County of Kern to provide reasonable accommodation to employees who are
permanently incapacitated for the performance of their job duties with modified or available alternate work
that is within their medical restrictions and for which they are qualified. If an employee is unable to return to
work, it is the policy of the County to separate the employee from employment without unreasonable delay
while minimizing, if possible, hardship to an employee permanently incapacitated for the performance of job
duties.
This policy shall be implemented with the leadership and support of a Disability Management Team (as
defined herein) and in cooperation and collaboration with affected County departments through an interactive
process with disabled employees.
1. Objectives of the Return to Work Program.
1.1. Safely return injured or disabled employees to work as soon as possible.
1.2 Minimize financial hardship and promote positive reinforcement and emotional support for
disabled employees by providing an opportunity for continued productive employment.
1.3 Assist permanently disabled employees to return to work in a position providing similar
status and salary if available within their medical restrictions and for which they are
qualified.
1.4 Retain qualified and experienced County employees, while respecting the staffing needs and
constraints of the County departments that are the appointing authorities.
1.5 Comply with the County’s legal obligations under the Americans with Disabilities Act and
the California Fair Employment and Housing Act.
1.6 When appropriate, reduce the cost of disability retirement benefits borne by the County and
the Kern County Employees' Retirement Association.
1.7 Encourage proper use of the Workers' Compensation system.
1.8 Separate from employment those employees whose injuries or illnesses preclude
performance of the usual and customary job duties, and there is no reasonable and available
accommodation that permits either permanent modification to the employee’s position to
accommodate medical restrictions or alternate employment within the County.
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2. Definitions.
2.1 Adjuster. An employee or independent contractor of the County Counsel/Risk Management
Division that handles Workers' Compensation claims.
2.2 Accepted Medical Provider. Any person, other than a relative of the injured/ill employee, who
is properly licensed and recognized by the law of the state in which treatment is received, is qualified
to treat the disabling illness or injury, and is providing treatment and care that is necessary to resolve
the disability. Accepted Medical Provider may also include physicians selected by County
Counsel/Risk Management (Workers’ Compensation) or the Personnel Department when conducting
a Fitness for Duty exam; provided, however, an employee referred for a Fitness for Duty exam shall
in no case be referred to a physician currently treating the employee for a Worker’s Compensation
injury.
2.3 Alternate Work. A permanent change in classification of an employee who is medically
precluded from doing his or her regular job duties and whose position cannot be permanently
modified to accommodate medical restrictions
2.4 Disability Management Team. A committee consisting of the County Counsel/Risk
Management, County Administrative Officer and Director of Personnel, or their designees, with the
responsibility of overseeing the County’s Return to Work and Disability Management Program. The
County’s Disability Coordinator shall facilitate the activities of the Team.
2.5 Disability Coordinator. An employee or independent contractor of the County who is trained
and experienced in providing disability case management services, including evaluation, training and
placement.
2.6 Employee. Any employee of the County of Kern temporarily or permanently disabled from the
full performance of job duties by reason of injury or illness; provided that only an employee with
permanent status (as defined in Civil Service Rule 100) will be placed in an alternate work position
within the classified service.
2.7 Medical restrictions. Any restrictions placed on the activities of the employee imposed by an
accepted medical provider due to the employee’s illness or injury.
2.8 Modified Work. A permanent change in job duties and/or environment as a reasonable
accommodation to a county employee. Modified work may also include transferring the employee to
another department when there is a vacancy within the same classification and the job duties in the
receiving department may be performed within the employee’s medical restrictions.
2.9 Reasonable Accommodation. The accommodation necessary to permit a disabled employee to
perform the essential functions of his or her job. As a last resort, reasonable accommodation includes
appointment to a vacant position (i.e., alternate work) if the employee is otherwise qualified to
perform the job duties of the vacant position.
2.10 Limited Duty. Modified and/or part-time duties assigned when an employee has temporary
medical restrictions precluding full performance of job duties, and such restrictions extend beyond a
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ten (10) day period, but whose accepted medical provider indicates the employee is expected to
return to full or permanently modified duty and is released to limited work for a minimum of four (4)
hours per day.
3. Responsibilities of County Departments.
Each department head or his or her designee shall be responsible for implementing the programs encompassed
in the Return to Work Policy, including the Limited Duty program, the Modified Work program, and the
Alternate Work program, as follows:
3.1 Report of Disability. Provide a quarterly report to the Disability Coordinator, listing
employees in the department who either have been off work due to injury or illness or have been on
limited duty for a consecutive thirty (30) calendar day period.
3.2 Collaborate with the Disability Management Team to provide limited duty assignments as set
forth in section 6 to temporarily injured employees and to those employees who are eligible for
placement in alternate work positions.
3.3 Cooperate in good faith with the Disability Management Team to meet the County’s
obligations to its injured employees.
3.4 With the assistance of the Disability Management Team, consider permanent job
modifications to accommodate employees permanently disabled for the full performance of their job
duties.
3.5 With the assistance of the Disability Management Team, consider permanently placing an
employee who is permanently incapacitated for the duties of the position for which he/she was hired,
when there is available a suitable vacancy within the department.
3.6 When it has been determined that permanent modified work is unavailable, file an application
for disability retirement on behalf of the employee.
4. Functions of County Disability Management Team.
State and federal law imposes obligations on an employer to provide reasonable accommodation to disabled
employees. The Labor Code additionally provides incentives for making timely offers of permanent modified
or alternate work. In order to ensure prompt compliance with law and to meet the objectives of this program,
the Disability Management Team is comprised of representatives of departments with specialized knowledge
and expertise and is charged with the responsibility to:
4.1 Develop administrative procedures to aid in the administration of this program for
recommendation to the Board of Supervisors. Such administrative procedures shall incorporate
necessary processes to comply with applicable federal, state, and local laws, regulations, and policies
regarding confidentiality of medical information and privacy rights of employees.
4.2 Educate, communicate and consult with employees, affected departments, adjusters,
Accepted Medical Providers, and others as deemed appropriate and necessary for program
implementation.
- 4 -
4.3 After soliciting and considering the preferences and constraints of affected departments and
employees, identify appropriate modified or alternate work for permanently disabled employees and
prepare placement plans that meet the needs of the affected department and employee. Such
placement plans shall be based on the ability of the employee to perform the essential functions of the
assignment within his/her medical restrictions.
4.4 Collect, maintain, and organize data to demonstrate the program’s effectiveness in meeting
its stated goals.
4.5 Recommend distribution of funds from the Workers’ Compensation Budget Unit 8990 as
necessary and appropriate to reimburse departments for disability costs.
4.6 Annually, or more often as appropriate or requested, report program results to the Board of
Supervisors.
5. Responsibilities of the Employee.
An employee shall:
5.1 Promptly and timely report to his or her supervisor any reduced ability or inability to perform
his or her full job duties due to an injury or illness, whether or not medical care is anticipated. An
employee is expected to make such a report in order to facilitate provision of reasonable
accommodation and to ensure that the supervisor can arrange for coverage in the event of the
employee’s absence.
5.2 Provide the supervisor or the designated department contact person with specific and jobrelated information from an Agreed Medical Provider such as the employee’s functional abilities,
limitations, and prognosis for full return to duty. Such information shall be provided within one (1)
business day of the employee’s receipt of such reports or, if a report is requested by the employer, the
employee shall make reasonable and diligent efforts to provide such a report within five (5) business
days of the request. If released to return to work with temporary medical restrictions, employee shall
agree that a limited duty assignment typically will not exceed six (6) months’ duration.
5.3 Contact the supervisor or the designated department contact person no less than monthly if
the injury requires absence from work to provide the department with an update on the employee’s
prognosis for returning to limited or full duty.
5.4 Comply with personnel rules and policies as directed by the supervisor or designated
department contact person and ensure that leaves of absence forms are submitted on a timely basis.
5.5 Report any changes in address or phone number immediately to his or her supervisor
or designated department contact.
5.6 Comply with all safety regulations imposed by the department.
5.7 Comply with all medical restrictions imposed by medical treatment providers.
5.8 Cooperate fully with the County's Disability Coordinator, Personnel Department, the
- 5 -
appointing department, and the Disability Management Team, including reporting at times and
places specified for vocational assessments, medical evaluations, and limited duty assignments.
Failure by an employee to comply with the employee requirements of this Policy may be grounds for
disciplinary action, up to and including dismissal.
6. Limited Duty.
Limited Duty assignments shall be provided by the appointing department when medical prognosis indicates
that the employee is expected to return to full or permanent modified duty but has temporary medical
restrictions that preclude full performance of regular job duties, unless the appointing department cannot
timely identify a Limited Duty assignment. Accordingly, Limited Duty assignments typically will not exceed
six (6) months' duration unless an extension is approved by the Disability Coordinator. Employees in a
Limited Duty capacity working full-time will continue to receive the salary and benefits of their regular job
classification. Except as otherwise required for exempt employees and employees entitled to wage loss
replacement pursuant to the Labor Code, employees in a Limited Duty capacity working part-time who are
otherwise employed on a full-time basis shall be paid only for hours worked and shall be considered as being
on work furlough as specified in Kern County Administrative Procedures Manual section 138.2 for purposes
of determining the effect of the temporary part-time work schedule on the employee’s other employment
benefits and/or status. Employees eligible for benefits pursuant to Labor Code section 4850 shall be entitled
to full pay and benefits while working a temporary part-time schedule.
The Disability Management Team will review information provided by an Accepted Medical Provider
regarding when the employee can return to work and the medical restrictions applicable. The Disability
Coordinator shall assist the department when necessary to develop an appropriate Limited Duty assignment.
It shall be the responsibility of the employee and the supervisor(s) to ensure compliance with the medical
restrictions.
If the appointing department is unable to timely identify a Limited Duty position for the temporarily injured
employee, the Disability Coordinator shall determine whether there are other departments which have Limited
Duty positions available within the employee's medical restrictions. If the employee is assigned to another
department, the appointing department shall remain the employer and be responsible for payment of salary
and benefits while the employee is on Limited Duty with the receiving department. The receiving department
shall provide supervision and complete Employee Performance Evaluation Reports and other forms as may be
required under the County’s Civil Service Rules and personnel policies.
Appointing departments may also provide Limited Duty assignments to employees pending disability
retirement or permanent placement through the Modified or Alternate Work Program.
7. Interactive Process Meeting.
The employee and appointing department shall meet with the Disability Coordinator to discuss permanent
modified and alternate work assignments. The Disability Coordinator shall prepare a written report
documenting the County’s efforts to provide reasonable accommodation through modification of job duties or
environment and, if modification of the position is not possible, through offer of alternate work. The report
shall be submitted to the Personnel Department for placement in the employee’s permanent record.
8. Modified and Alternate Work Program.
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A County department or adjuster receiving permanent medical restrictions on any employee shall provide that
information immediately to the employee’s appointing authority and the Disability Coordinator. The
Disability Coordinator will consult with the department and the employee and (when necessary) obtain
additional clarification or information regarding an employee’s medical restrictions in order to determine
whether a permanently modified duty assignment is appropriate. An employee shall not be eligible for a
permanent modified duty assignment if the employee is medically precluded from performing the essential
functions of the position with reasonable accommodations.
Outside specialists in determining appropriate job modifications or alternate job placements may be retained
by the Disability Coordinator and the costs shall be paid by the appointing department. In the event the
appointing department offers a permanent modified job, it may be reimbursed for such costs pursuant to
section 10 herein.
When possible, permanent modifications of an employee’s regular position shall be a preferred result to
placement in an alternate position. However, if it is determined that the employee's job cannot be modified,
the Personnel Department shall seek suitable alternate work positions within the County by reviewing and
identifying funded positions for which the employee is qualified and medically able to perform that are or
become vacant within the County during the thirty (30) day period following a determination that permanent
modified work is not available. Alternate work positions which result in an increase in salary shall not be
offered through the Return to Work and Disability Management Policy although any employee is entitled to
pursue a promotion through the established competitive process.
Written offers of alternate work may be made contingent on receipt of medical approval by the employee’s
treating physician or other accepted medical provider.
If the appointing department determines that permanent modifications can be made to the employee’s job
and/or job environment or, if modification is not possible, that a vacant position within the department is
available for which the employee is qualified, the Disability Coordinator shall assist the appointing
department in preparing an offer and description of the modified or alternate work assignment for signature
by the employee.
9. Alternate Work Placement.
The Disability Management Team, based upon the level of transferable skills, knowledge and abilities of the
employee, shall determine an appropriate training period in the alternate work placement, which shall not be
less than one month. The Disability Management Team shall consult with the original appointing department
and the receiving department in establishing the length of the training period. The receiving department shall
establish reasonable criteria for the employee’s successful completion of the training period. Pending
completion of the training period, the employee shall remain on the payroll of the original appointing
department in the position for which the employee is incapacitated. If the training period is successfully
completed, the appropriate personnel transaction, as designated in the offer of alternate work, shall be
completed. In the event the employee fails to successfully complete the training period in the alternate work
placement, the employee shall return to his or her original position.
The original appointing department shall remain responsible for Workers’ Compensation costs associated
with any aggravation of the injury incurred while employed in that department, as determined by the
Disability Management Team.
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It is the desire of the County of Kern that employees eligible for alternate work placement pursuant to this
policy be placed in a position as near as possible to the salary and status as that from which the employee is
incapacitated.
10. Department Costs for Disability Management.
Certain costs incurred in providing limited, modified, or alternate work pursuant to this Policy for industrially
injured or ill workers shall be reimbursed to departments from the Workers’ Compensation Budget Unit 8990.
The Disability Management Team may make recommendations to the County Administrative Office to
establishing criteria for reimbursement of funds. Costs which may be reimbursed include, but are not limited
to, acquisition of equipment for use by a disabled employee, making modifications to a work environment,
and ergonomic assessments. Costs incurred in providing limited, modified, or alternate work pursuant to this
Policy for non-industrially injured or ill workers shall be borne by the appointing department.
11. Separation from Service Due to Disability.
With the advice and assistance of County Counsel, the appointing department shall file an application for
disability retirement on behalf of an employee who is eligible for such a benefit if, after thoroughly examining
whether permanent modified work can be provided to an injured employee, it is determined that the
employee’s medical restrictions cannot be accommodated. Prior to filing an application, the appointing
department shall document efforts at accommodation and why those efforts were deemed unsuccessful and
shall provide that information to the Board of Retirement of the Kern County Employees’ Retirement
Association.
Revised by CAO November 21, 2006
Revised draft completed October 9, 2006
Revised draft completed September 18, 2006
Revised draft completed September 6, 2006
Revised Draft Completed September 1, 2005
Revised again November 9, 2005
Revised (Version 4), May 24, 2006
Revised (Version 1) August 15, 2007
#127547 v7
#145823 v1
Purpose:
Policy:
Kern County
NEPOTISM POLICY
To establish policy for the employment of immediate relatives in order to assure employment
fairness consistent with the Civil Service Ordinance.
It is the County’s policy not to discriminate in its employment and personnel actions with respect
to its employees and applicants on the basis of marital, familial, or residential cohabitation status.
Notwithstanding this policy, the County will not appoint a person to a position in the same
department, division or facility where:
1. A relative and/or person cohabitating with an employee would have the direct authority to hire,
supervise, transfer, suspend, layoff, recall, promote, discharge, assign, reward, discipline, or
evaluate the performance of another relative or cohabitating employee.
2. One relative or cohabitating employee would be responsible for auditing the work of the other.
3. Other circumstances exist which place the relatives or cohabitating employees in a situation of
conflict between the County’s interest and their own.
4. This policy would apply only to the employee's permanent or regular assignment and not to any
temporary or incidental assignment of the employee.
Definitions: Relatives means individuals who are related by blood, marriage or adoption including the following
relationships: spouse, child, stepchild, parent, stepparent, grandparent, grandchild, brother, sister,
half-brother, half-sister, aunt, uncle, niece, nephew, parent-in-law, daughter-in-law, son-in-law,
brother-in-law, sister-in-law, and first cousin.
Cohabitating Employees means a County employee sharing a residence with another County
employee or other County employees.
Application: All full- and part-time appointments to positions in the County service and appointments of extrahelp employees and contract employees when the expected duration of the appointment is in excess
of 80 hours in a fiscal year are subject to this policy. This policy also applies to persons related by
blood or marriage residing in an employee’s home.
Existing
Employees: When two existing employees marry or begin cohabitating, and a determination has been made that
the relationship is subject to this policy, if reasonable accommodation cannot be made to reassign
one of the employees, then one of the two employees must separate from County service within 120
days of the marriage or the onset of cohabitating living arrangements. The choice of who shall
separate from County service is the employees’. In the event the employees do not agree with
respect to which one shall resign, the employee with the least seniority, as defined in Civil Service
Rules, shall be terminated.
In the event existing employees are working in capacities that are subject to this policy on the date
of its effect, the department head shall notify the County Administrative Officer of names of the
employees, and describe the employees’ relationship and current work situation. The department
head is responsible for achieving compliance with this policy at the earliest possible opportunity
through reassignment of one employee to another work unit or facility, or other reasonable means.
The department head shall annually submit a status report showing progress towards achieving
compliance with this policy.
WCD/Nepotism Final
EXHIBIT F
RETIREMENT INCENTIVE PROGRAM
Department heads must receive the County Administrative Officer’s approval prior to offering additional
retirement service credit and placing the matter on the Board of Supervisors’ agenda for its consideration. The
provisions of the Retirement Incentive Program (Golden Handshake) for represented employees are contained
within the applicable MOU. The following applies to management, mid-management, and confidential
employees; Section .3, Department Responsibility, also applies to represented employees.
.1 Eligibility–County Fiscal Necessity. When budget restraints are such that a department is required to
lay off employees, the Board of Supervisors may, by adopting a resolution, grant two years of additional service
credit to specified eligible employees who retire during times specified in the resolution.
.2 Criteria. The threshold criterion for offering additional service credit is the deletion of a filled
position causing the layoff of a permanent County employee and is subject to the following.
a. An offer can be made only to eligible members holding positions within the departments
specified by Board Resolution, and whose retirement would logically prevent the layoff of a
less senior employee. In no instance is the County required to make the offering if it would
foreseeably result in an operational detriment.
b. The number of employees offered the additional service credit within a department and
classification, or classification series or logical progression of classifications, is limited to the
number of position deletions necessary to achieve the financial objectives of the specified
departments. The number of retirements cannot exceed the number of positions deleted. If
there are more employees wanting to receive additional service credit than the number of
positions to be deleted, the eligible employees will be offered the retirements in descending
order of County seniority. The deleted classification or equivalent classification cannot be
filled for two years. (Rev. 07/09)
c. The department head or appointing authority determines the classifications and number of
eligible employees to whom an offer will be made, subject to the criteria of avoiding the layoff
of a permanent employee.
.3 Department Responsibility. Departments are responsible for the full cost of the additional service
credit, including the cost of the payout of eligible sick leave and vacation accruals. The Kern County
Employees’ Retirement Association (KCERA) will provide information on the cost of the additional service
credit for each employee. The cost of the additional service credit must be paid either in full in the first month
of the fiscal year following the fiscal year the enhancement was adopted, or according to a five-year
amortization period, with the first payment due in the first month of the fiscal year following the fiscal year
adopted. If the latter option is chosen, KCERA will set up an accounts receivable to bill the cost of the
additional service credit. (Rev. 07/09)
.4 Paid Leave Balances. Earned sick leave and vacation payoffs will be deferred and paid as follows:
one-half of the qualified payoff amount will become payable upon retirement, and one-half of the qualified
payoff amount will become payable 12 months following retirement. No interest shall be earned or paid on the
deferred eligible payoff amounts. If an employee elects to use a salary advance to purchase prior service credits,
any remaining balance of accumulated sick leave or vacation credit balance will be paid in the same equal
installments.
.5 Disputes. The County Administrative Officer, whose decision is final, will resolve disputes
regarding the application of this section.
Tracey Eldridge
CHIEF HUMAN RESOURCES OFFICER Human
Resources
County of Kern
Workplace Violence Prevention Program
BACKGROUND
The County of Kern’s Workplace Violence Prevention Plan (WVPP) addresses the hazards known
to be associated with the four types of workplace violence as defined by Labor Code (LC) section
6401.9. Pursuant to SB553, all employers are required to establish, implement, and maintain an
effective Workplace Violence Prevention Program effective January 1, 2025.
IMPLENTENTED: July 1, 2024
Date of Last Revision(s): July 08, 2024
DEFINITIONS:
Emergency - Unanticipated circumstances that can be life threatening or pose a risk of significant
injuries to employees or other persons.
Engineering controls - An aspect of the built space or a device that removes a hazard from the
workplace or creates a barrier between the employee and the hazard.
Log - The violent incident log required by LC section 6401.9.
Plan - The workplace violence prevention plan required by LC section 6401.9.
Serious injury or illness - Any injury or illness occurring in a place of employment or in
connection with any employment that requires inpatient hospitalization for other than medical
observation or diagnostic testing, or in which an employee suffers an amputation, the loss of an
eye, or any serious degree of permanent disfigurement, but does not include any injury or illness
or death caused by an accident on a public street or highway, unless the accident occurred in a
construction zone.
Threat of violence - Any verbal or written statement, including, but not limited to, texts, electronic
messages, social media messages, or other online posts, or any behavioral or physical conduct, that
conveys an intent, or that is reasonably perceived to convey an intent, to cause physical harm or to
place someone in fear of physical harm, and that serves no legitimate purpose.
Workplace violence - Any act of violence or threat of violence that occurs in a place of
employment.
Page 2 of 12
Workplace violence includes, but is not limited to, the following:
• The threat or use of physical force against an employee that results in, or has a high
likelihood of resulting in, injury, psychological trauma, or stress, regardless of whether
the employee sustains an injury.
• An incident involving a threat or use of a firearm or other dangerous weapon, including
the use of common objects as weapons, regardless of whether the employee sustains an
injury.
• The following four workplace violence types:
Type 1 violence - Workplace violence committed by a person who has no legitimate
business at the worksite and includes violent acts by anyone who enters the workplace
or approaches employees with the intent to commit a crime.
Type 2 violence - Workplace violence directed at employees by customers, clients,
patients, students, inmates, or visitors.
Type 3 violence - Workplace violence against an employee by a present or former
employee, supervisor, or manager.
Type 4 violence - Workplace violence committed in the workplace by a person who
does not work there but has or is known to have had a personal relationship with an
employee.
Workplace Violence- Does not include lawful acts of self-defense or defense of others.
Workplace practice controls- Procedures and rules which are used to effectively reduce workplace
violence hazards.
RESPONSIBILITY:
The WVPP administrator, the Chief Human Resources Officer, has the authority and responsibility
for implementing the provisions of this plan for Kern County. Below is a chart that identifies each
person and their responsibilities as it relates to Workplace Violence. This chart is updated
periodically if changes in responsibilities have changed.
Responsible
Persons
Job
Title/Positi
on
WVPP Responsibility(ies) Phone # Email
Tracey A. Eldridge Chief
Human
Resources
Officer
Approves changes to
Workplace Violence Policy
as necessary.
(661) 868-3163 eldridget@kerncounty.com
Page 3 of 12
Sarah Guiterrez Director of
Diversity,
Equity, and
Inclusion
Handles any reports, or
investigation related to
workplace violence.
Coordinates emergency
response procedures.
(661) 868-3919 gutierrezsa@kerncounty.com
Mercedes Perez Sr. Human
Resources
Specialist
Handles any reports, or
investigation related to
workplace violence. Ensures
that trainings related to
Workplace Violence are
kept up to date and relevant.
Assists in coordinating
emergency response
procedures.
(661) 868-3915 perezmer@kerncounty.com
Pablo Muro Loss
Prevention
Specialist
Ensures that Safety Officers
are up to date on any
changes in policy.
Ensures that identified
hazards are addressed, and
that quarterly safety
inspections are being
completed.
(661) 868-3880 muropab@kerncounty.com
Bryan Alba Chief
Deputy
County
Counsel
Counsel for Workplace
Prevention Program Team
(661) 868-3842 balba@kerncounty.com
Kate Zimmermann Deputy
County
Counsel
Counsel for Workplace
Prevention Program Team
(661) 868-3841 kzimmermann1@kerncounty.com
David Kessler Chief
Deputy
Sheriff
Responsible for emergency
response (Sheriff)
(661) 391-7535 KESSLERD@kernsheriff.org
Robin Taylor Responsible for emergency
response (Behavioral
Health)
(661) 868-7362 rctaylor@kernbhrs.org
All managers, supervisors and safety officers/safety representative are responsible for
implementing and maintaining the WVPP in their work areas and for answering employee
questions regarding the WVPP or directing them to Kern County Human Resources for more
information.
EMPLOYEE ACTIVE INVOLVEMENT:
Page 4 of 12
Kern County ensures the following policies and procedures obtain the active involvement of
employees and authorized employee representatives in developing and implementing the plan:
• Management will work with and allow employees, along with authorized employee
representatives to participate in identifying and evaluating preventative measures to
prevent Workplace Violence.
Example: County Departments will have quarterly safety meetings with employees to discuss
identification of workplace violence concerns/hazards, evaluate those hazards and/or concerns,
and how to correct them.
• Designing and implementing trainings:
- Employees are encouraged to complete the annual Workplace Violence Prevention
Program survey to suggest new ideas to the WVPP team to incorporate feedback in
future trainings if applicable.
• Reporting and investigating in the workplace:
- Employees will complete the Workplace Violence Report Form and submit it to their
supervisor. The supervisor is responsible for emailing the completed form to the
departmental human resources team (or designee) and Kern County Human Resources
at DEI@Kerncounty.com. If the employee would like to submit the form to Kern
County Human Resources at DEI@Kerncounty.com on their own behalf, they are
permitted do so.
- After the report has been received by Kern County Human Resources, assigned Kern
County Human Resources staff will complete an investigation of the incident. In
collaboration with the Loss Prevention Specialist assigned to Kern County Risk
Management, assigned Kern County Human Resources staff will inspect the reported
area identified on the Workplace Violence Report Form and interview witnesses as
necessary.
• Departments will ensure that all workplace violence policies and procedures within this
written plan are clearly communicated and understood by all employees. Managers and
supervisors will enforce this policy fairly and uniformly.
• All employees will follow all workplace violence prevention plan directives, policies and
procedures, and assist in maintaining a safe work environment by:
- Prohibiting employee retaliation.
- Accepting and responding to reports of workplace violence.
- Employee workplace violence training communication.
- Emergency response.
- Workplace violence hazard assessments.
Page 5 of 12
• The plan shall be in effect at all times and in all work areas. The plan must be specific to
the hazards and corrective measures for each work area and operation.
EMPLOYEE COMPLIANCE:
In order to ensure that all employees comply with these rules and work practices, which are
designed to make the workplace more secure, and do not engage in threats or physical actions
which create a security hazard for others in the workplace, all employees will receive training
regarding the County’s expectations and the consequences for failure to comply. At a minimum,
Kern County’s system will include:
• Training and retraining employees, supervisors, and managers on the provisions of Kern
County WVPP.
• Effective procedures to ensure that supervisory and nonsupervisory employees comply
with the WVPP will include:
- Tracking training attendance.
- Having an open line of communication to answer any questions from employees.
Employees can submit questions to DEI@kerncounty.com.
• Taking disciplinary action against employees who fail to comply with safe and healthful
work practices, following Kern County’s existing discipline process; and, taking other
applicable action against third parties who do not adhere to safe workplace practices.
COMMUNICATION WITH EMPLOYEES:
It is recognized that open, interactive communication about workplace violence issues between
our management team, staff, and other employers is essential to a safe and productive workplace.
The following communication system is designed to facilitate a continuous flow of workplace
violence prevention information between management and staff in a form that is readily
understandable by all employees, and consists of one or more of the following:
• New employee orientation introduces workplace prevention policies and procedures.
• Ongoing workplace violence prevention training programs.
• Regularly scheduled meetings that address potential workplace violence and security
issues.
• Effective communication between employees and supervisors about workplace violence
prevention and violence concerns. Supervisor preparation for this interactive
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communication will be accomplished through Supervisor Academy training. Areas to be
addressed during Supervisor training include:
- Raising sensitivity regarding the need for employees to participate in their primary
language to ensure effective communication.
- The importance of posted or distributed workplace violence prevention information.
- The mechanisms for employee reporting of a violent incident, threat, or other
workplace violence concern to the employer or law enforcement.
- Communicating the policy of non-retaliation when an employee reports a violent
incident, threat, or other workplace violence concern to the employer or law
enforcement.
o Employees can report a violent incident, threat, or other violence concerns
themselves through the DEI@Kerncounty.com email.
o Employees are protected from retaliation by California state laws and by Kern
County policies.
• Kern County will ensure effective communication with employees by:
- Updating employees on the status of their investigation.
- Answering any questions or concerns sent to the DEI@kerncounty.com email.
- Providing employees a direct contact option by calling (661) 868-3480 and choosing
option three (3).
COORDINATION WITH OTHER EMPLOYERS:
Kern County will implement the following effective procedures to coordinate implementation of
its plan with other employers to ensure that those employers and employees understand their
respective roles, as provided in the plan.
• All employees will be trained on workplace violence prevention initially and annually
thereafter.
• A Workplace violence incident involving any employee is reported, investigated, and
recorded.
• At a multiemployer worksite, Kern County will ensure that if its employees experience
any workplace violence incident, Kern County will record the information in a Violent
Incident Log and shall also provide a copy of that log to the controlling employer.
WORKPLACE VIOLENCE INCIDENT REPORTING PROCEDURE:
Kern County will implement appropriate procedures to ensure that:
• All threats or acts of workplace violence are reported to an employee’s supervisor or
manager, who will inform the WVPP administrator. This will be accomplished by the
Workplace Violence Report form being filled out and then sent to the
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DEI@Kerncounty.com email address. If that is not possible, employees will report
incidents directly to the WVPP administrator, Sarah Gutierrez, Director of Diversity,
Equity, and Inclusion.
• An employee can also report hazards, threats, incidents, and workplace violence
concerns to their supervisor or manager.
o An employee can also report an incident directly to Kern County Human
Resources by calling (661) 868-3480 and choosing option three (3), or by
emailing the DEI@Kerncounty.com email directly.
o The reporting form can be found at Workplace Violence Prevention | Kern
County, CA , Workplace Violence Prevention | Kern County, CA, Home:
CountyNet (kern.ca.us), or by scanning this QR code:
The County has a policy forbidding retaliation. Acts of retaliation may result in disciplinary action,
up to, and including termination.
EMERGENCY RESPONSE PROCEDURES:
Kern County has in place the following specific measures to manage actual or potential workplace
violence emergencies:
• Effective means to alert employees of the presence, location, and nature of potential
workplace violence emergencies by the following:
o Fire alarm systems.
o PA systems throughout the building or via phone speaker.
• Kern County will distribute evacuation or sheltering plans to each Department. Each
worksite has an identified safety representative who is equipped to provide the evacuation
routes, locations of emergency exit, and instructions for sheltering in place in the event of
a workplace violence incident.
• How to obtain help from staff, security personnel, or law enforcement.
In the event of an emergency, including a Workplace Violence Emergency, contact the
following:
Page 8 of 12
- Immediate emergency dial 9 and then 911.
- Non-Emergency dial (661) 327-7111
WORKPLACE VIOLENCE HAZARD IDENTIFICATION AND EVALUATION:
The following policies and procedures are established and required to be conducted by Kern
County to ensure that workplace violence hazards are identified and evaluated.
• Inspections shall be conducted when the plan is first established, after each worksite
violence incident, and whenever the employer is made aware of a new or previously
unrecognized hazard.
• Daily review of all submitted/reported concerns of potential hazards, online form for
reporting workplace violence hazards, and voicemail/email inboxes shall be conducted.
Periodic Inspections:
Periodic inspections of workplace violence hazards will identify unsafe conditions and work
practices. This may require assessment for more than one type of workplace violence. Periodic
Inspections shall be conducted on a monthly basis by the worksite’s safety representative.
Inspections for workplace violence mitigation includes:
• The need for violence surveillance measures, such as mirrors and cameras.
• Procedures for reporting suspicious persons or activities.
• Effective location and functioning of emergency buttons and alarms.
• Posting of emergency telephone numbers for law enforcement, fire, and medical services.
• Whether employees have access to a telephone with an outside line.
• Whether employees have effective and accessible escape routes from the workplace.
• Whether employees have a designated safe area where they can go to in an emergency.
Specifically, evacuation meeting points and shelter in place locations that are posted at the
employees’ worksite.
• Adequacy of workplace security systems, such as door locks, entry codes or badge readers,
security windows, physical barriers, and restraint systems.
• Frequency and severity of threatening or hostile situations that may lead to violent acts by
persons who receive services at County of Kern worksites.
• The use of work practices such as the "buddy" system for specified emergency events.
Page 9 of 12
• How well our establishment's management and employees communicate with each other.
• Any prior violent acts, threats of physical violence, verbal abuse, property damage or other
signs of strain or pressure in the workplace.
• Always require employees to wear visible identification while on site. Such as county
issued employee badge with colored photo.
WORKPLACE VIOLENCE HAZARD CORRECTION:
Kern County will correct workplace violence hazards in a timely manner when they are observed
or discovered, and according to the following procedures:
• When an imminent workplace hazard exists that cannot be immediately abated without
endangering employee(s) and/or property, Kern County will remove all employees from
the area, except those necessary to correct the existing condition.
• All corrective actions taken will be documented and dated on the appropriate forms,
including Workplace Violent Incident Log and Workplace Violent Incident Investigation
Report forms.
• Corrective measures for workplace violence hazards will be specific to a given work area.
PROCEDURES FOR POST INCIDENT RESPONSE AND INVESTIGATION:
After a workplace incident, the WVPP administrator or their designee will implement the
following post-incident procedures:
• Visit the scene of an incident as soon as safe and practicable.
• Interview involved parties, such as employees, witnesses, law enforcement, and/or
security personnel.
• Review security footage of existing security cameras, if applicable.
• Examine the workplace for security risk factors associated with the incident, including
any previous reports of inappropriate behavior by the perpetrator.
• Determine the cause of the incident.
• Take corrective action to prevent similar incidents from occurring.
• Record the findings and ensure corrective actions are taken.
• Obtain any reports completed by law enforcement.
Page 10 of 12
• All incidences of workplace violence will be recorded in the violent incident log and will
include information, such as:
o The date, time, and location of the incident.
o The workplace violence type or types involved in the incident.
o A detailed description of the incident.
o The classification of perpetrator(s) who committed the act(s) of violence, including
whether the perpetrator(s) was/were a client or customer, family or friend of a client or
customer, stranger with criminal intent, coworker, supervisor or manager, partner or
spouse, parent or relative, or had another relationship to the affected employee(s) or
worksite.
o The classification related to the circumstances at the time of the incident, including, but
not limited to, whether the employee was completing usual job duties, working in
poorly lit areas, rushed, working during a period of low staffing, isolated or alone,
unable to get help or assistance, working in a community setting, or working in an
unfamiliar or new location.
o The classification of the location of the incident, such as in the workplace, parking lot,
or other area outside the workplace, or other area.
o The type of incident, including, but not limited to, whether it involved any of the
following:
Physical attack without a weapon, including, but not limited to, biting, choking,
grabbing, hair pulling, kicking, punching, slapping, pushing, pulling,
scratching, or spitting.
Attack with a weapon or object, including, but not limited to, a firearm, knife,
or other object.
Threat of physical force or threat of the use of a weapon or other object.
Sexual assault or threat, including, but not limited to, rape, attempted rape,
physical display, or unwanted verbal or physical sexual contact.
Animal attack.
Other.
o Information related to the consequences and aftermath of the incident, including, but
not limited to: Whether security or law enforcement was contacted and their response.
o Actions taken to protect employees from a continuing threat or from any other hazards
identified as a result of the incident.
Page 11 of 12
o Information about the person completing the log, including their name, job title, and
the date completed.
• Reviewing all previous incidents.
In documenting the incident, no personal identifying information is to be recorded or documented
in the written investigation report. This includes information which would reveal identification of
any person involved in a violent incident, such as the person’s name, address, electronic mail
address, telephone number, social security number, or other information that, alone or in
combination with other publicly available information, reveals the person’s identity.
TRAINING AND INSTRUCTION:
All employees, including managers and supervisors, will have training and instruction on general
and job-specific workplace violence practices. These sessions could involve presentations,
discussions, and practical exercises. Training and instruction will be provided as follows:
• When the WVPP is first established.
• Annually to ensure all employees understand and comply with the plan.
• Whenever a new or previously unrecognized workplace violence hazard has been identified
or when changes are made to the plan. The additional training may be limited in scope or
confined to designated department personnel. Kern County will provide its employees with
training and instruction on the definitions found on page 1 of this plan and the requirements
listed below:
o The employer’s WVPP, how to obtain a copy of the employer’s plan at no cost, and
how to participate in the development and implementation of the employer’s plan.
o How to report workplace violence incidents or concerns to the employer or law
enforcement without fear of reprisal.
o Workplace violence hazards specific to the employees’ jobs, the corrective measures
Kern County has implemented, how to seek assistance to prevent or respond to
violence, and strategies to avoid physical harm.
o The violent incident log and how to obtain copies of records pertaining to hazard
identification, evaluation and correction, training records, and violent incident logs.
o Opportunities Kern County has for interactive questions and answers with a person
knowledgeable about the Kern County WVPP.
EMPLOYEE ACCESS TO THE WRITTEN WVPP:
Kern County ensures that the WVPP plan shall be in writing and shall be readily available and
accessible to employees, authorized employee representatives, and representatives of Cal/OSHA
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at all times. This will be accomplished by:
• Providing written copies of the WVPP upon request of any employee or designated
representative. Electronic copies will be furnished upon specific request of the employee
or their designated representative.
• Providing unobstructed access through a company server or website, which allows an
employee to review, print, and email the current version of the written WVPP.
Unobstructed access means that the employee, as part of their regular work duties,
predictably and routinely uses the electronic means to communicate with management or
co-employees.
RECORDKEEPING:
Kern County will:
• Create and maintain records of workplace violence hazard identification, evaluation, and
correction, for a minimum of five (5) years.
• Create and maintain training records for a minimum of one (1) year which include the
following:
o Training dates.
o Contents or a summary of the training sessions.
o Names and qualifications of persons conducting the training.
o Names and job titles of all persons attending the training sessions.
• Maintain violent incident logs for minimum of five (5) years.
EMPLOYER REPORTING RESPONSIBILITIES:
As required by California Code of Regulations (CCR), Title 8, Section 342(a). Reporting WorkConnected Fatalities and Serious Injuries, Kern County will immediately report to Cal/OSHA
any serious injury or illness (as defined by CCR, Title 8, Section 330(h)), or death (including any
due to Workplace Violence) of an employee occurring in a place of employment or in connection
with any employment.
___________________________
Chairman Board of Supervisors
____________________________
Tracey A. Eldridge
Chief Human Resources Officer
EXHIBIT H
BILINGUAL PAY POLICY
Full- or part-time, regular, temporary, extra help, probationary and provisional employees are eligible to receive
bilingual pay, subject to the following provisions. For the purpose of this policy, English is considered to be the
primary language, and any other language used under this program will be considered as the second language.
.1 Non-Designated Employees. Employees that are known to possess bilingual skills but who are not
receiving bilingual pay will not normally be called upon to use their skill, except when circumstances prevent
the use of a designated bilingual employee. If a non-designated employee is frequently called upon to provide
bilingual service, the department head will consider designating the position as bilingual.
.2 Department Responsibility. Departments are responsible for identifying the need to provide services
in a second language and coordinating with the County Administrative Office for appropriating bilingual
compensation. The Personnel Department will assist departments in recruiting bilingual candidates and will
administer the bilingual proficiency exam.
.3 Position Criteria. The position must be in a work setting with a demonstrated flow of clients, phone
calls, or correspondence where bilingual skills are regularly needed to meet the needs of the public, such as a
direct public contact position, hospital or institutional setting dealing with patients or inmates, or a position
needed to perform interpretation, translation or specialized activities for the department and its clients. Those
positions for which the use of a second language is inherent to the position are ineligible for bilingual pay, for
example, Court Interpreter.
.4 Testing. Testing requests, which must be include the following information, are submitted to the
Personnel Department, with a copy to the County Administrative Office.
a. Name and classification of each employee;
b. A description of the bilingual duties to be performed in sufficient detail so as to indicate a
specific bilingual skill, purpose and frequency of use;
c. Location of work assignment; and
d. Duration of bilingual assignment.
A candidate may take a proficiency test once for each eligible list. The scoring will be pass/fail, and that score
will remain in place for the same duration as the eligibility list. An incumbent employee in a bilingual position
who fails a bilingual examination must wait a period of six months before repeating the test. Bilingual
certificates are obtained at the employee’s expense.
.5 Compensation. Bilingual premium pay is at the rate specified in the applicable MOU. The premium
pay is effective the first day of the payroll period following certification that the employee is eligible and
qualified to receive the premium pay. Retroactive bilingual pay will not be authorized.
The bilingual premium pay will cease when the employee is transferred, promoted, or demoted to a position that
is not designated as a bilingual position or the department head has determined that the position should not
longer be designated as a bilingual position.
EXHIBIT I
COUNTY OF KERN
POST-RETIREMENT EMPLOYMENT POLICY
Re-employment of Retirees:
The Kern County Employees’ Retirement Association (KCERA) is responsible for ensuring the proper payment of
benefits to retirees who have earned and are legally entitled to those benefits, and for ensuring that the benefits its pays
are limited to those to which the recipients are legally entitled. Under applicable law, including the County Employees’
Retirement Act of 1937 and the Public Employees’ Pension Reform Act of 2012, persons receiving retirement
allowances from KCERA may work for the Kern County under limited circumstances. It is necessary for KCERA to
monitor the KCERA retirees who return to work for Kern County, in order to ensure that benefits are paid to such reemployed retirees when, and only when, such payments comply with the law. KCERA must also ensure that when reemployment violates applicable limits, proper action is taken under the law, including but not limited to reinstatement
of the re-employed retiree to active membership under section 31680.7. Finally, KCERA must ensure that
implementation of these provisions remains consistent with its fiduciary duties.
Re-employment Eligibility:
When Kern County employs or proposes to employ a KCERA retiree, whether as an employee or through a contract
directly with Kern County, but does not intend to restore that retiree to active membership, the following shall apply:
1. Prior to placing the retiree on payroll, the department shall submit a completed Certification of Post-Retirement
Employment with Kern County to KCERA for acceptance. Both the department designee and the retiree shall
sign the Certification.
2. Limited Duration – Re-employment will be presumed to comply with the requirement that it be of limited
duration if the duration of the re-employment is two years or less. Retirees who have returned to work prior to
the effective date of this policy shall be treated as if their return to work commenced on the effective date of
this policy, and documentation regarding such employees shall be submitted to KCERA as soon as practicable
after the effective date of this policy. If there is no specified ending date for the re-employment, or if the
specified ending date is more than two years from commencement of re-employment, the employer shall
submit to KCERA a statement explaining the limit on the duration of re-employment. Such re-employment
shall be considered of limited duration if, despite having no stated ending date, it is limited to the completion
of a discrete quantity of genuinely limited work that one would expect to be completed at a foreseeable time.
Such re-employment shall not be considered to be of limited duration if the re-employment is the functional
equivalent of a permanent part-time position, or if the stated limited on the duration is such that the reemployment is effectively unlimited.
3. KCERA staff shall monitor compliance with this policy through methods determined by the Executive Director
or his/her designee, which may include:
a. Requiring departments to report to KCERA when any re-employed retiree has worked at least 700
hours in any fiscal year, or to provide KCERA with access to the department’s payroll in a manner that
permits KCERA staff to directly access such information;
b. Requirement departments to report when a re-employed retiree has less than six months’ duration
remaining on a period of re-employment that was commenced with a stated end date, and any instance
in which such an employee continues to work beyond the originally stated end date, or in which the
employer extends the originally stated end date with an explanation of such extension;
c. Requiring documentation of compliance with any of the requirements of section 7522.56.
4. If genuine documentation regarding the re-employment of a retiree is submitted as required by this policy and
accepted as adequate at the time of the re-employment, this shall be considered as conclusive evidence that the
re-employment was commenced in compliance with applicable law. The Executive Director or his/her designee
EXHIBIT I
shall notify the Kern County Human Resources Division in writing of the acceptance of the documentation
required by this policy.
5. If the Executive Director or his/her designee becomes aware that any retiree’s re-employment is in violation of
applicable law, the matter shall be presented to the Board of Retirement for a determination as to whether to
suspend the re-employed retiree’s retirement allowance and restore the member to active membership, the
effective date of such action, the recovery of any improperly paid benefits, the collection of any contributions
that may be owed, and any other appropriate action. The re-employed retiree shall be provided with a copy of
all documents that form the basis of the recommendation no later than seven days prior to the Board of
Retirement meeting at which said action is to be taken. Action by the Board of Retirement under this paragraph
shall be reviewable as a final administrative action, pursuant to section 1094.6 of the California Code of Civil
Procedure.
Approval Process:
Upon receipt of the Executive Director’s acceptance and approval of the Certification of Post-Retirement Employment,
the Chief Human Resources Officer or his/her designee will review and approve the request for post-retirement
employment. If approved, the Human Resources Division shall place the request on the agenda for the next available
meeting of Board of Supervisors.
If the request is for re-employment of a retiree before 180 days have passed since the employee retired, it will be placed
off consent and the Board of Supervisors must find that the re-employment is necessary to fill a critically needed
position.
Upon final approval by the Board of Supervisors, the re-employed retiree may be placed on payroll and commence their
re-employment.
The Certification of Post-Retirement Employment form is located on the KCERA website under the Other Resources
sub-heading: http://www.kcera.org/about-kcera/plan-sponsors/
EXHIBIT J
HOSTILE WORK ENVIRONMENT POLICY
It is the policy of the County of Kern to provide for its employees a work environment free from hostile and offensive
conduct. For this reason, the County is committed to promoting and maintaining a pleasant and productive workplace
for all its employees and, as such, each and every person conducting business for or with the County should be treated
with dignity and respect. Therefore, any and all forms of conduct which enable or create a hostile work environment
are expressly prohibited. Violations of this policy shall result in disciplinary action up to and including termination.
Conduct considered inappropriate for the workplace includes any unsolicited or unwelcome behavior which is
intimidating, hostile, or offensive in such a way or to such a degree that it unreasonably interferes with or otherwise
overburdens and prevents a fellow employee from effectively performing his or her work.
Extreme or continuous behavior which is disrespectful, denigrating, or disruptive shall be considered a violation of this
policy. Such conduct may include, but is not limited to:
1. Discriminatory conduct based on a person’s race, national origin, sex, age, physical or mental
disability, medical condition, marital status, ancestry, religious affiliation, union affiliation,
political affiliation, or sexual orientation.
2. Verbal conduct such as disparaging remarks, slurs, jokes, innuendos, epithets, threatening,
screaming, cursing, taunting, heckling, spreading rumors, and unwanted sexual advances,
comments, or propositioning.
3. Physical conduct such as gestures, leering, unwelcome contact, pinching, patting, grabbing,
blocking or impeding movement, assault, or any action which physically interferes with or
unnecessarily impinges upon an individual’s person, work, privacy, or movement.
4. Visual conduct such as derogatory, sexually oriented, prejudicial, or otherwise generally
offensive photographs, posters, objects, cartoons, drawings, graffiti, email, letters, or other
writing.
Individuals who believe that they have been subjected to a hostile work environment shall inform their immediate
supervisor, another supervisory employee in the individual’s department or, as an alternative, the Equal Employment
Opportunity Division of the Personnel Department in accordance with Civil Service Rules 1800 et seq. No individual
will be retaliated against for making a complaint or bringing inappropriate conduct to the County’s attention. A
supervisor receiving a complaint shall immediately report it to the department head, assistant department head or the
Equal Employment Opportunity Division of the Personnel Department. A prompt and thorough investigation shall
ensue and the department head or appointing authority shall take prompt remedial action, including disciplinary action,
when it is warranted.
Department heads shall be responsible for ensuring that all new employees in their department receive a copy of this
policy and sign an acknowledgment which shall be retained in the employee’s personnel file. In addition, department
heads shall ensure that, on an annual basis, each employee in their department receives a copy of this policy and that
an acknowledgment of receipt is contained in each employee’s personnel file.
Department heads may establish departmental policies and internal complaint procedures regarding a hostile work
environment provided that those policies and procedures are consistent with this policy.
The purpose of this policy is not to unduly censor or otherwise seek to prohibit the free expression of County
employees, but rather is promulgated with the intent of promoting a productive workplace free from disrespectful and
denigrating behavior. Implementation of this policy shall always take into consideration the guaranteed rights of the
First Amendment, in a manner consistent with state and federal law and according to the stated intent of this policy.
EN:POLAPM_(Hostile Work)A.doc
Doc #167478
Exhibit K
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TELEWORK POLICY AND PROCEDURE
1. Purpose
The purpose of this document is to implement the County’s telework policies. Telework is defined as “a
work arrangement in which employees perform officially assigned duties at home or at other worksites
geographically convenient to the employees.” This arrangement may be used on a regular basis, for a
limited term, or on a contingency basis.
2. Benefits
The benefits of telework are:
• Enhancing recruiting and retention efforts, particularly for newer workers who have high
expectations of a technologically forward-thinking workplace and workers who value work/life
balance.
• Helping employees manage long commutes and other work/life issues that, if not addressed, can
have a negative impact on their effectiveness or result in employees leaving County employment.
• Reducing traffic congestion, emissions, and infrastructure impacts, thereby improving the
environment.
• Ensuring continuity of essential government functions in the event of national or local
emergencies, including a pandemic.
3. Department Roles
Department managers will be subject to County policies and must make balanced decisions when
determining who may telework, and under what conditions. The determination of whether to permit
teleworking vests solely with the each department head. A department recommending a telework
program must address teleworking criteria and document them on the form included as Appendix A.
These criteria will be used to determine employee eligibility, and to ensure that managerial, logistical,
organizational, or other barriers to full implementation and successful functioning of the policy are
considered. Each department must provide for adequate administrative, technical, and logistical support
to effectively carry out the program if implemented.
In addition, all departments must address issues on information systems and technology security, to
ensure their equipment decisions and telework agreements comply with this policy. Information security
includes protection of sensitive “hard-copy” files and documents, as well as accounting for inventory of
County-owned equipment. Equipment owned by the County may be considered taxable income and
require certification of usage, similar to cell phones. Accounting for time worked will also require special
consideration by departments with teleworking employees.
Under some circumstances teleworking will not be practicable because of:
• Limitations on the bandwidth available to the County;
• Lack of a countywide imaging system to handle large volumes of paper documents;
Exhibit K
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• Security for confidential information, such as payroll, financial management system, and other
accounting programs;
• Unavailability of County-owned equipment, to avoid confidential information from being
improperly misused, downloaded, or transferred;
• The County firewall requirement that all computers have current patches; or
• The department head, in his or her sole discretion, determines that employees in the department
are not permitted to telework, either in entirety or on a case-by-case basis.
4. Eligibility
Many employees are considered eligible for telework, except in the following circumstances:
• Employees whose positions require direct handling of secure or confidential materials nearly
every work day;
• On-site activity that cannot be handled remotely or at an alternative worksite, such as face-to-face
personal contact with the public in medical, counseling, or similar services;
• When work requires hands-on contact with machinery, equipment, vehicles, etc.;
• Other physical presence- or site-dependent activity, such as gate attendant or park ranger;
• Employees whose last performance rating was below standard or whose conduct resulted in
disciplinary action within the last year; or
• Employees whose department head does not approve a proposed telework arrangement.
5. Written Agreement
The teleworker and his/her department head or the department head’s designee must enter into a written
agreement (Appendix C) for every type of telework, whether the employee teleworks regularly or for a
defined period of time or circumstances. The agreement must be signed and dated by the employee and
his/her supervisor, and maintained on file at the department as long as the telework arrangement is in
effect. The agreement should be reviewed annually.
It is strongly recommended that any individuals who will be expected to telework in the case of a
Continuity of Operations event or a pandemic health crisis have telework agreements on file in advance
that provide for such an occurrence.
6. Request Denial
Teleworking is not an employee right. Employee telework requests may be denied and telework
agreements may be terminated, at the sole discretion of the employee’s department head, even if the
employee is considered “eligible” by the County’s and department’s policies. Denial of a telework
request is not grievable and shall be considered a work assignment for purposes of the employee’s
grievance procedure.
Exhibit K
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7. Work Schedules
Work schedules will conform to standards specified in Section 115 of the Policy and Procedures Manual.
Alternate work schedules are permissible with prior approval. In no event shall an employee be
scheduled to regularly work more than forty hours during any work week. If overtime is a necessity for
non-exempt employees, it must be authorized by a department head in advance. However, departments
are strongly discouraged from authorizing overtime.
8. Performance Management Practices
Performance standards for off-site employees are the same as performance standards for on-site
employees. Management expectations of a teleworker’s performance should be clearly addressed in the
telework agreement. As with on-site employees, teleworkers will be held accountable for the results they
produce. The telework agreement provides a framework for the discussion that must take place between
the supervisor and the employee about expectations before teleworking begins. Departments retain the
right to inspect telework sites on less than 24 hours notice if evidence must be obtained for suspected
disciplinary matters or in potentially hazardous situations.
9. Equipment
Equipping of a teleworker is at the department head’s sole discretion. Factors to consider include, but are
not limited to, technology needs based on the work of the employee, security requirements, and budget
constraints. Cost of maintenance and repair of equipment that belongs to teleworking employees is their
responsibility (in consideration of the cost-savings incurred by working from home).
10. Safeguarding Information and Data
Employees must take responsibility for the security of the data and other information they handle while
teleworking. Employees must comply with their departments’ information security policies, and maintain
security of any relevant materials, including files, correspondence, and equipment, in addition to
following technologic security protocols for remote connectivity. Depending on the sensitivity of the
information being handled, the home office may need to include security measures such as locked file
cabinets and anti-virus software.
The Federal Information Security Management Act of 2002 defines information security as protecting
information and information systems from unauthorized access, use, disclosure, disruption, modification,
or destruction in order to provide:
(A) Integrity, which means guarding against improper information modification or destruction and
includes ensuring information non-repudiation and authenticity;
(B) Confidentiality, which means preserving authorized restrictions on access and disclosure,
including means for protecting personal privacy and proprietary information; and
(C) Availability, which means ensuring timely and reliable access to and use of information.
As in the office, security measures should cover not only information systems and technology, but all
aspects of the information systems used by the employee, including paper or other media files, storage
devices, and telecommunications equipment (e.g., laptops, PDAs, and cell phones).
Exhibit K
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11. Safety
Teleworkers must address issues of their own personal safety to be effective while teleworking from a
home office. Employees suffering work-related injuries at the alternative worksite (home or other
location) are covered by workers’ compensation to the extent required by law. However, workers’
compensation claims must be well-documented to guard against false claims in the absence of co-workers
to verify allegations. Questionable claims will be investigated, and any that are found to be fraudulent
will result in termination of teleworking privileges, discipline, up to and including termination, and may
subject the employee to criminal prosecution. Teleworkers must complete and sign an Employee SelfCertification Safety Checklist (Appendix D). Departments should include in their telework agreements
the right of the County to inspect the telework premises without advance notice to the teleworker if
hazardous working conditions are suspected.
12. Security
County employees and their supervisors are responsible for the security of County property, regardless of
their work location. If County-owned equipment is stolen, the employee must file a police report and
submit it to his or her supervisor. Damage to equipment owned by the County may necessitate
recompense by the employee. Department security policies will be enforced the same when employees
telework as when they are in the office.
13. Telework under Continuity of Operations Planning
Telework should be part of all departments’ emergency planning. Federal Emergency Management
Agency’s Federal Preparedness Circular 65 defines Continuity of Operations Planning (COOP) as “an
effort to ensure that the capability exists to continue essential government functions across a wide range
of hazard emergencies.” COOP capability, including teleworking, is intended to be short-term; it must be
functional within 12 hours and may last up to 30 days or until the emergency is over.
Exhibit K
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TELEWORK POLICY OVERVIEW
¾ Telework is normally a voluntary work arrangement in which an employee performs officially
assigned duties at home or at another geographically convenient worksite.
¾ Each department must develop its own telework policies, including defining and specifying the
use of telework, if any, that best fits its business needs.
¾ Telework should be integrated in departments’ Continuity of Operations Plans, including during a
pandemic health crisis.
¾ The choice of how to equip teleworkers is at the department’s discretion. Security concerns
should be considered in making equipment choices.
¾ Information security must be developed and all County technology policies must be strictly
followed.
¾ All teleworkers must have signed agreements to provide structure and accountability. Such
agreements should include: schedule; communication expectations with supervisors, work group,
and customers; equipment; tasks; and information security and equipment security obligations.
¾ Department heads, in their sole discretion, may deny an employee’s request to telework
¾ Teleworkers must provide appropriate workspaces, and must certify they are free from hazards to
the best of their knowledge.
¾ Employees suffering work related injuries at alternate worksites are covered by workers’
compensation to the extent required by law. Suspicious claims will be investigated and handled
as appropriate by law.
¾ Employees who use computers and other information technology while teleworking need
effective technical support. Remote access presents unique issues and departments may take
them into account when considering whether to authorize telework requests.
¾ Telework is not an employee right and is not grievable.
Exhibit K
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Appendix A
DEPARTMENT JUSTIFICATION FOR IMPLEMENTING TELEWORK
1. List positions eligible for telework assignments, including specific descriptive information necessary to distinguish between more than
one work assignment in the same job classification. Add more pages if necessary.
Position Assignment Eligible
Incumbent
Equipment
Needed
Equipment
Supplied and
Maintained By
Whom?
Necessary
Equipment
Security Measures
Necessary Data or
Information
Security Measures
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
2. Of positions listed above, are there other concerns that would preclude any of the positions or incumbents from teleworking?
Implementation Recommended by Department Head: ______________________________________________ Date: _____________________
Exhibit K
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Appendix B-1
TELEWORK Q & As
1. How would an employee make a request to telework?
An employee would make a request in writing to his or her supervisor, stating the reasons for
requesting approval to telework.
2. Who is responsible for approving an employee's request to telework?
Each department establishes its own approval process, but ultimately, the department head is
responsible for approving or disapproving a specific employee's request.
3. Does an employee have a right to telework?
No.
4. Will teleworking employees continue during emergency facility closures?
Employees teleworking from home or from an alternative workplace may be an invaluable resource
during a time of emergency. Therefore, departments may wish to modify their current policies
concerning emergency situations to require telework employees to continue to work at their
alternative worksites when the department’s facility is closed. Teleworkers can be required to work
during emergency closures even if that day is not a regular telework day or a day with specific
approval for situational/episodic telework. If a department chooses to require an employee to
telework during emergency closures either on his or her regular telework day, or on any day when the
department is closed by an emergency, the department should include this requirement as part of the
employee’s written telework agreement.
5. If the teleworking employee needs to take off time during scheduled work hours, does he or she have
to submit a time off slip for prior approval?
Yes; usual office procedures are to be followed in this case.
6. Won't the employee's work suffer without direct, on-site supervision?
The opposite should be the case, partly because the employee working at home has fewer
interruptions and distractions, and partly because the individual has a strong incentive to demonstrate
the value of working at home.
7. How can the supervisor monitor work performance when the employee is not physically present?
A. Supervisors can measure what the employee produces by examining the product or results of the
employee's efforts. It is also helpful to use project schedules, key milestones, regular status reports,
and team reviews. Supervisors may call employees who are working at home.
Exhibit K
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Appendix B-2
8. Can teleworkers follow an alternative work schedule?
Yes. In fact, telework schedules should be sufficiently flexible to permit periodic work schedule
adjustments. Work hours must be documented, and alternate schedules must be submitted to the
supervisor in advance of a schedule change. Initial teleworking schedules may require trial and error
adjustments to determine the optimal schedule that meets the needs of the employee and the
organization. All telework schedules must conform to County policy. In no event shall an employee
be scheduled to work more than forty hours during any work week.
9. What about the impact on the office when some employees are working at an alternative worksite?
Certain guidelines must be established to minimize any adverse impact on other staff members before
employees begin to work at alternative worksites. The overall interests of the office must take
priority over working at alternative sites. With advance notice, a supervisor may require an employee
to work at the main worksite on a day scheduled for an alternative worksite if the needs of the office
so require. Telework should not put a burden on staff remaining in the office. An equitable
distribution of workload should be maintained, and methods should be instituted to ensure that main
office employees are not unduly burdened by a co-worker who teleworks.
10. What equipment will the employee need at the home-based worksite and who will provide it?
The employee and his or her department head or designee should negotiate about needed equipment
(e.g., laptops, second phone lines, etc.), and who will provide it will vary by situation. Each
department must establish its own policies on the provision, installation, tracking, and maintenance of
equipment.
11. Do all teleworkers work with high-tech equipment?
While technology can be very helpful to most teleworkers, a telephone may suffice for some.
12. Who is responsible for maintaining and servicing County or privately owned equipment used at the
alternative worksite?
Generally, the County will be responsible for the service and maintenance of County-owned
equipment. Teleworkers who use their own equipment are responsible for its service and
maintenance.
13. Who pays for any increase in home utility expenses incurred by employees as a result of teleworking?
The employee must pay all utility expenses. Work-at-home arrangements may increase an
employee's home utility costs. Balanced against these increases are potential savings to the
employee.
14. Are business phone calls made from the home reimbursable?
In accordance with County and departmental policies, an employee may be reimbursed for verifiable
business-related long distance phone calls made on his or her personal phone, with appropriate
documentation.
Exhibit K
2
Appendix B-3
15. If a teleworker chooses to work hours in addition to his/her regular workday, can he/she get paid
overtime for the additional hours?
County ordinance and policy addresses overtime, which requires non-exempt employees to obtain
prior permission from their supervisor to work overtime. Due to the difficulty in monitoring
overtime, departments are strongly discouraged from authorizing overtime.
16. Who is liable for work-related injuries and/or damages at the alternative worksite?
County employees suffering work-related injuries and/or damages at the alternative worksite are
covered under workers’ compensation to the extent required by law.
Exhibit K
2
Appendix C-1
KERN COUNTY
TELEWORK AGREEMENT
The following constitutes an agreement between (Department)_____________________________ and
(Employee)________________________________ on the terms and conditions below.
1. The employee is willing to participate in the telework program and adhere to the applicable
guidelines and policies.
2. The department concurs with employee participation and agrees to adhere to the applicable
guidelines and policies.
3. The employee agrees to participate in telework beginning (date)___________________.
4. The employee's work hours will be: ______________ to _______________, including an unpaid
meal break of _____ minutes, on (days of the week) ____________________ through
__________________.
5. The employee will report to the office on the following day(s) _____________ or as required by
the supervisor.
6. The employee will provide his or her supervisor with a copy of the employee's telework schedule.
For nonexempt employees, documentation of time and attendance will be recorded and
maintained according to normal departmental procedure, as it is at the employee’s primary work
site.
7. The employee must be available by telephone during telework hours.
8. The employee must obtain advance supervisory approval before taking vacation or sick leave in
accordance with departmental procedures. By signing this form, the employee agrees to follow
established procedures for requesting and obtaining approval of leave.
9. If the employee works overtime that has been ordered and approved in advance, he/she will be
compensated in accordance with County policies and applicable laws. The employee understands
that unapproved overtime work is prohibited. By signing this agreement, the employee agrees
that failing to obtain proper advance approval for overtime work may result in his/her termination
from the telework program and discipline up to and including termination of employment.
10. If the employee is authorized to use County equipment, the employee will protect and safeguard
the equipment. County-owned equipment will be serviced and maintained by the County. If the
employee provides his/her own equipment, the employee is responsible for servicing and
maintaining it.
11. If management has reasonable cause to believe that hazardous working conditions exist, an
inspection by the department of the employee's home worksite may be conducted during the
employee's normal working hours, without advance notice.
Exhibit K
2
Appendix C-2
12. The County will not be liable for damages to an employee's personal or real property except as
required by law.
13. The County will not be responsible for operating costs, home maintenance, or any other
incidental costs whatsoever, (e.g., utilities), associated with the use of the employee's residence.
14. To the extent required by the California Workers’ Compensation law, an employee who is injured
in the course of actually performing official duties at the approved telework site may receive
required benefits.
15. The employee will meet with the supervisor to receive assignments and to review completed
work as necessary or appropriate.
16. The employee will apply approved safeguards to protect County/department records or
confidential information from unauthorized disclosure or damage.
17. The employee may terminate participation in the telework program at any time by providing
thirty days written notice; however, employees may be expected to continue working at home
offices or for a reasonable period to allow management time to arrange a workstation.
Management has the sole right to remove the employee from the telework program at any time.
18. Overtime shall only be paid to nonexempt employees who work more than forty (40) hours in any
work week to the extent required by the Fair Labor Standards Act. The employee must obtain in
advance the permission of the employee’s supervisor in order to work overtime. No daily overtime
shall be paid.
19. Work schedules will comply with County policy. Performance standards will be the same as for
on-site employees, with clear expectations from the teleworker’s supervisor about the nature,
scope, and timeframe for completing assignments.
Employee (Sign) Date
Employee (Print)
Supervisor - (Sign) Date
Supervisor - (Print)
Department Head (Sign) Date
Department Head (Print)
Exhibit K
2
Appendix D-1
COUNTY OF KERN TELEWORK PROGRAM
EMPLOYEE SELF-CERTIFICATION SAFETY CHECKLIST
NAME: DEPARTMENT:
BUSINESS TELEPHONE: SUPERVISOR:
TELEWORK SITE ADDRESS:
CITY/STATE:
TELEWORK TELEPHONE NUMBER:
The following checklist is designed to assess the overall safety of the telework site. Participating
employees shall complete the self-certification safety checklist. Then the checklist will be signed and
dated by the employee and immediate supervisor. The supervisor will retain a copy of this checklist with
the telework agreement. If the department determines the telework site is inadequate in terms of safety or
health, the telework agreement will be terminated. Departments reserve the right to inspect telework
premises without prior notification.
A. WORKPLACE ENVIRONMENT
1. Are all stairs with four or more steps equipped with handrails? Yes [ ] No [ ]
2. Are all circuit breakers and/or fuses in the electrical panel labeled as to
intended service?
Yes [ ] No [ ]
3. Do circuit breakers clearly indicate if they are in the open or closed
position?
Yes [ ] No [ ]
4. Is all electrical equipment free of recognized hazards that would cause
physical harm, e.g. frayed wires, bare conductors, loose wires, flexible
wires running through walls, exposed wires to the ceiling?
Yes [ ] No [ ]
5. Will the building's electrical system permit the grounding of electrical
equipment?
Yes [ ] No [ ]
6. Are aisles, doorways, and corners free of obstructions to permit
visibility and movement?
Yes [ ] No [ ]
7. Are file cabinets and storage closets arranged so drawers and doors do
not open into walkways?
Yes [ ] No [ ]
8. Do chairs have any loose casters (wheels) and are the rungs and legs of
the chairs sturdy?
Yes [ ] No [ ]
9. Are the phone lines, electrical cords, and extension wires secured under
a desk or alongside a baseboard?
Yes [ ] No [ ]
10. Is the office space neat, clean, and free of excessive amounts of
combustible materials?
Yes [ ] No [ ]
11. Are floor surfaces clean, dry, level, and free of worn or frayed seams? Yes [ ] No [ ]
12. Are carpets well secured to the floor and free of frayed or worn seams? Yes [ ] No [ ]
13. Is there enough light for reading? Yes [ ] No [ ]
Exhibit K
2
Appendix D-2
B. COMPUTER WORKSTATION (IF APPLICABLE) Yes [ ] No [ ]
14. Is your chair adjustable? Yes [ ] No [ ]
15. Do you know how to adjust your chair? Yes [ ] No [ ]
16. Is your back adequately supported by a backrest? Yes [ ] No [ ]
17. Are your feet on the floor or fully supported by a footrest? Yes [ ] No [ ]
18. Are you satisfied with the placement of your computer monitor and
keyboard?
Yes [ ] No [ ]
19. Is it easy to read the text on your screen? Yes [ ] No [ ]
20. Do you need a document holder? Yes [ ] No [ ]
21. Do you have enough leg room at your desk? Yes [ ] No [ ]
22. Is the monitor free from noticeable glare? Yes [ ] No [ ]
23. Is the top of the monitor screen eye level? Yes [ ] No [ ]
24. Is there space to rest the arms while not keying? Yes [ ] No [ ]
25. When keying, are your forearms close to parallel with the floor? Yes [ ] No [ ]
Employee Signature Date
Supervisor’s Signature Date
Approved [ ] Disapproved [ ]
EXHIBIT L
KERN COUNTY
NON-SMOKING POLICY
It is the policy of the County of Kern to prohibit smoking, including the use of electronic or vapor
cigarettes, in all County owned, leased, occupied, operated or maintained buildings serving as a place of
employment of any person or which is open to the general public for the conduct of public business, as well
as all County owned or leased vehicles. In order to serve public health, safety and welfare, this policy is
intended to protect non-smokers to the maximum extent possible from the dangers of second hand smoke
and the unknown risks associated with electronic nicotine delivery systems.
It is the responsibility of the department head and departmental supervisors to enforce the non-smoking
policy of the County.
The Kern County Public Health Services Department offers information on tobacco education to assist
employees in their efforts to quit tobacco use. Free phone-based cessation counseling is also available
through the California Smokers’ Helpline at 1-800-NO-BUTTS
Employees who continue to smoke or use electronic or vapor cigarettes in non-designated areas may be
subject to appropriate disciplinary action.
EXHIBIT M
EXTENDED LEAVE HOLDING UNIT POLICY
Purpose
The County of Kern has a very generous leave policy. Periodically, a County employee may have exhausted all
available leave entitlements and still be unable to return to duty because of injury or illness. Further, County
employees who are members of the reserve component of the United States Armed Forces which includes, but is not
limited to the Army Reserve, Navy Reserve, Air Force Reserve, Coast Guard Reserve, Army National Guard, Air
National Guard, or the Naval Militia may be called to active duty service for a period of over 190 days but less than
5 years when their unit is activated. When an employee has exhausted all forms of leave but cannot return to duty or
is absent resulting from active military service and exhausted all forms of paid leave, their operating department
may not be able to function in an effective or efficient manner without the ability to replace the absent employee on
a permanent basis. Since a member of the reserve corps, injured or ill employee retains their position with the
County until formal separation from County employment by resignation or retirement, the current structure requires
the operating department to either reassign the absent employee’s job duties to other existing employees or hire a
temporary replacement, typically utilizing extra help positions. The purpose of the Extended Leave Holding Unit
Policy is to allow, in very limited circumstances and with very careful oversight, injured or ill employees who will
most probably never return to work to be transferred to a Extended Leave Holding budget unit so that the operating
department that directly employed them can move forward to backfill the position with a permanent employee.
Likewise, County employees who are members of the reserve corps will be accommodated in the Extended Leave
Holding budget unit so the operating department can backfill the position with a permanent employee. Any costs
associated with the employee while in the Extended Leave Holding budget unit (i.e. County contribution for health
benefits) shall be the sole responsibility of the operating department from which the employee was transferred.
Policy/Procedures for Medical Conditions
A budget unit will be established to accept employees on long-term, unpaid medical leaves of absence. “Long term”
means an employee has exhausted all sick leave, vacation and compensatory time accruals, all leave entitlements per
Civil Service Rule 1201.20 (Non-Job Related Medical Leave), Rule 1201.30 (Mandated Family and Medical
Leaves), Rule 1201.60 (Leave for Compensable Disability) and Rule 1202.20 (Personal Necessity Leave). It is
anticipated that an employee will typically be absent for approximately 12 months prior to being transferred to the
Extended Leave Holding Unit. All leave entitlements available to the employee must be exhausted prior to an
employee transitioning to the Extended Leave Holding Unit. At the discretion of the Employee Relations Officer,
employees may be transferred to the Extended Leave Holding Unit without exhausting all sick leave, vacation and
compensatory time accruals, but in no instance may an employee use their accruals while placed in the Extended
Leave Holding Unit. Employees receiving compensation under California Labor Code 4850 are not eligible for
placement into the Extended Leave Holding Unit.
Eligible employees may be transferred to the Extended Leave Holding Unit only upon the request of the employing
department. The decision to apply for a transfer is wholly within the discretion of the operating department, as some
departments have better ability to maintain the employee’s placement in-house. While the affected employee will be
advised of the request and parameters of this program, the employee has no right to object to placement in the
Extended Leave Holding Unit. The Extended Leave Holding Unit will be managed by the County Administrative
Office. The Board of Supervisors delegates to the County Administrative Officer, or his or her designee, the
authority to add and delete positions to the Extended Leave Holding Unit as needed. An operating department that
has an eligible employee shall make a written request to the County Administrative Officer that the employee be
transferred to the Extended Leave Holding Unit. Upon verification of eligibility, the County Administrative Officer:
(1) will authorize the addition of a position to the Extended Leave Holding Unit in the same classification as the
employee’s classification with the same classification number plus the letter “D” to more easily differentiate these
authorized positions, (2) will make contact with the employee and explain the process of the Extended Leave
Holding Unit, and (3) will then authorize the transfer of the employee from their employing department to the
Extended Leave Holding Unit.
EXHIBIT M
Once the transfer to the Extended Leave Holding Unit is complete, the operating department may move forward to
backfill their now-vacant position on a permanent basis. If under restricted hiring procedures, the operating
department will also be required to request permission to fill the position from the County Administrative Office.
Then, the operating department may request an eligible list from Human Resources. The newly hired or promoted
(replacement) employee will be subject to all employment requirements as other newly hired or newly promoted
employees before they obtain permanent status in that position. However, should the employee transferred to the
Medical Holding Unit be released and is able to return to duty, the replacement employee’s status will not be
impacted.
If an employee assigned to the Extended Leave Holding Unit is released to work and presents a certification from a
medical doctor that the employee is capable of returning to work with or without restrictions which the employing
department is able to reasonably accommodate, the employee will be transferred back to the original operating
department. The County Administrative Officer will be responsible for notifying the original operating department
that the employee is returning to work, and will also be responsible for deleting the now vacant position from the
Extended Leave Holding Unit. The employee returning to work will be reassigned to a position in the same
classification and in the same department that he/she occupied at the time of transfer at their previous department. If
the employee is released to work with restrictions, suitable accommodation will be sought through the interactive
process. The interactive process will be the responsibility of the operating department. The operating department
shall contact the Disability Management Coordinator to assist with the interactive process. As with all employees
seeking accommodation, the employee will need to be able to perform the essential functions of the job, with or
without accommodation and all such accommodations must be reasonable and not create an undue hardship for the
employing department. In accordance with Civil Service Rule 1201.20.50, 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.
If there is no vacant position in the employee’s classification in the operating department, the County Administrative
Officer will authorize an additional position. The County Administrative Officer will seek immediate approval to
add a position to the department so that the returning employee may return to duty. This may result in the operating
department having two positions which are both filled and therefore must also be funded. After transferring the
employee back to their prior operating department, it will be the responsibility of the County Administrative Office
to delete this extra authorized position during the normal County budget process once the department has a vacancy
in the particular classification.
If an application for a service or non-service disability retirement allowance is denied, or not pursued, and the
operating department needs to move forward with administrative disciplinary action to separate the employee from
County service, the County Administrative Officer will transfer the employee back to their previous department
prior to the commencement of any action to separate them from service.
Policy/Procedures for Military Leave
The Extended Leave Holding Budget Unit shall be used to accept employees on long-term, unpaid military leaves of
absence. “Long term” is defined as an employee serving on active duty for a period of more than 190 days but less
than 5 years, and has exhausted all vacation and compensatory time accruals, all leave entitlements per Civil Service
Rule 1201.45 (Other Military Leave and Rule 1201.30.100 (Concurrent Leaves).
Eligible employees may be transferred to the Extended Leave Holding Budget Unit only upon the request of the
employing department and with the submission of military orders for the affected employee. The decision to apply
for a transfer is wholly within the discretion of the operating department, as some departments have better ability to
maintain the employee’s placement in-house. While the affected employee will be advised of the request and
parameters of this program, the employee has no right to object to placement in the Extended Leave Holding Budget
Unit.
The Extended Leave Holding Budget Unit will be managed by the County Administrative Office. The Board of
Supervisors delegates to the County Administrative Officer, or his or her designee, the authority to add and delete
positions to the Extended Leave Holding Unit as needed. An operating department that has an eligible employee
EXHIBIT M
shall make a written request to the County Administrative Officer that the employee be transferred to the Extended
Leave Holding Unit. Upon verification of eligibility, the County Administrative Officer: (1) will authorize the
addition of a position to the Extended Leave Holding Unit in the same classification as the employee’s classification
with the same classification number plus the letter “D” to more easily differentiate these authorized positions,(2)
will make contact with the employee and explain the process of the Extended Leave Holding Unit, and (3) will then
authorize the transfer of the employee from their employing department to the Extended Leave Holding Unit.
Once the transfer to the Extended Leave Holding Unit is complete, the operating department may move forward to
backfill their now-vacant position on a permanent basis in accordance with Civil Service Rule 1201.45.10 (Other
Military Leave). If under restricted hiring procedures, the operating department will also be required to request
permission to fill the position from the County Administrative Office. Then, the operating department may request
an eligible list from Human Resources. The newly hired or promoted (replacement) employee will be subject to all
employment requirements as other newly hired or newly promoted employees before they obtain permanent status in
that position. However, should the employee transferred to the Extended Leave Holding Unit be released and is able
to return to duty, the replacement employee’s status will not be impacted.
If an employee assigned to the Extended Leave Holding Unit is released to from active duty service and presents a
set of orders that the employee is to return to their original duty station, the employee will be transferred back to the
original operating department. The County Administrative Officer will be responsible for notifying the original
operating department that the employee is returning to work, and will also be responsible for deleting the now
vacant position from the Extended Leave Holding Unit. The employee returning to work will be reassigned to a
position in the same classification and in the same department that he/she occupied at the time of transfer at their
previous department. In accordance with Civil Service Rule 1201.20.60, upon expiration of the approved leave and
prior to returning to duty, the employee may be required to provide a copy of military orders or other permitted
documentation.
If there is no vacant position in the employee’s classification in the operating department, the
County Administrative Officer will authorize an additional position. The County Administrative
Officer will seek immediate approval to add a position to the department so that the returning employee may return
to duty. This may result in the operating department having two positions which are both filled and therefore must
also be funded. After transferring the employee back to their prior operating department, it will be the responsibility
of the County Administrative Office to delete this extra authorized position during the normal County budget
process once the department has a vacancy in the particular classification.
The County Administrative Officer or designee will provide management of the Extended Leave Holding budget
unit and review transfer of funds or appropriations from the operating department, as necessary, to ensure there are
no costs associated with the Extended Leave Holding budget unit. This will involve evaluating and approving
requests from operating departments that would like to transfer an employee to the Extended Leave Holding Unit,
initiating and maintaining contact with employees assigned to the Extended Leave Holding Unit, as well as
monitoring the status of possible applications for disability retirement allowances and to serve as the coordinator to
assist those employees ultimately released for duty and desiring to return to work.
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