CIVIL SERVICE RULES

Appointment from Certification | Provisional Appointment | Emergency Appointment | Temporary or Limited Term Appointment | Extra Help Appointment | Report of Appointment | Purpose of Probationary Period | Duration of the Probationary Period | Permanent Appointment | Appraisal of Probationers | Probation Period of the Original Probationer | Probation Period of Non-Original Probationer | Eligibility of Rejected Probationer | Probation of Reinstated Employee | Special Appointments | Appointment to Underfill an Authorized Position

Rule Nine
APPOINTMENT AND PROBATIONARY PERIOD

901. Appointment from Certification.

All appointments to positions in the classified service shall be made for each such position from the ten highest available standings, including ties, on the certification of eligibles.

In selecting persons from among those certified, the appointing authority may inspect the applications, related examination records, and reports of investigations of the eligibles.

Before appointment, an eligible shall be required to qualify in a medical examination or evaluation, as appropriate.

902. Provisional Appointment.

If a position has been classified, minimum qualifications established, and an appropriate employment list contains fewer than three available names, the appointing authority may, with the approval of the Personnel Director, make a provisional appointment. A person who is appointed provisionally shall meet the minimum qualifications for the class. The acceptance of a provisional appointment shall not jeopardize the employee's status in the position from which the employee promoted.

A provisional appointment may not exceed six months, but shall not continue for more than thirty days after a new list is established for the class unless the list is sooner exhausted. If a provisional employee has filed a complaint concerning an examination or a request for an investigation which is granted by the Commission, the appointment may continue during the pendency of such complaint or investigation before the Commission except as provided herein.

An initial provisional appointment may be extended beyond the six months limit up to but not exceeding an additional six months upon approval of the Personnel Director on the basis that an examination has been publicly announced or recruitment activity has been initiated. The examination will be held whenever enough qualified applicants have filed to assure adequate competition.

The period of provisional appointment shall not be credited as part of the probationary period as provided in these Rules.

A provisional appointment to a position in the classified service shall be deemed to be a continuing request for certification of eligibles for regular appointment, and immediately following the establishment of a new appropriate eligible list, the Personnel Director shall certify eligibles to such position without further request from the appointing authority.

903. Emergency Appointment.

In emergency situations, which are hereby defined as situations where there is a threatened interruption of essential services and immediate action is deemed necessary, an appointing authority may appoint a person or persons to a regular position, without reference to eligible lists, for a period not to exceed sixty working days, provided that each such appointment shall be reported, in writing, promptly to the Commission, stating specifically the situation that exists. Upon request, the Commission may extend the appointment period for an additional sixty working days.

Service under emergency appointment shall not be credited for the purposes of vacation, sick leave, holidays, salary adjustment, or other rights and benefits accorded other appointments.

904. Temporary or Limited Term Appointment.

Any appointment to a regular permanent position on a temporary or limited term basis, whether by appointment from a certification of eligibles or upon authorization by the Personnel Director to appoint any person who meets the minimum qualifications for the class and who has qualified in an appropriate examination, shall be a limited term appointment. Duration of a limited term appointment shall be limited to a period not to exceed one day less than twelve months. There shall be no such reappointment within the same department for sixty calendar days following termination. Selection shall be made for each such position from the ten highest available standings on the certification of eligibles in accordance with Section 901. The expiration of a limited term appointment shall be reported to the Personnel Director by the appointing authority, on the prescribed form.

The acceptance or refusal to accept appointment to a limited term position shall not affect an eligible's standing on an eligible list for permanent appointment.

A permanent or probationary employee who has accepted a limited term appointment in the same department in a higher class shall, if the employee so desires, be reinstated to the former position at the end of the limited term appointment.

If, in the opinion of the appointing authority, urgent reasons exist for filling a limited term appointment, and the appropriate eligible lists contain fewer than three available names, the appointing authority may, with the approval of the Personnel Director, appoint to the position any person who meets the minimum qualifications of the class and who has qualified in an appropriate examination.

905. Extra Help Appointment.

An extra help appointment is defined as an appointment made to a non-regular, non-permanent position established on a temporary basis to meet peak loads, unusual work situations, seasonal and recurrent work, intermittent assignments, or emergencies.

An extra help appointment is not a regular appointment and need not be made from an established eligible list except that appointments to positions covered by Local Agency Personnel Standards shall be made from eligible lists if appropriate lists are available. In the event an extra help position is subsequently converted to a regular position, only a continuing incumbent, whose original appointment was made from one of the ten highest standings on the appropriate eligible list, may be granted probationary status effective on the date of establishment of the regular position without further examination, except medical examination or evaluation as may be required by current personnel policies.

An extra help appointment shall require prior recommendation and/or approval of the Administrative Officer or Board of Supervisors, as appropriate. Such appointment, except emergency appointment, shall not exceed one thousand and forty hours in the twelve month period immediately following the first day of the first appointment of the incumbent, unless extended by prior approval of the Commission; however, an extra help appointment to a position covered by Local Agency Personnel Standards shall not exceed twelve months.

Except in the case of emergency or when the nature of the assignment is such that it does not fall within an existing classification, the appointing authority shall be responsible for determining that the extra help appointee meets the minimum qualifications established for the class at the time of appointment.

In the case of an extra help appointment to a position for which no appropriate classification exists, the appointing authority shall be responsible for determining that such appointee is qualified to perform the duties of the job.

In the case of a bona fide emergency, a person may be appointed on an extra help basis without regard to the minimum qualifications established for the class, and such appointment shall be reported to the Administrative Officer and Personnel Director within seventy-two hours of appointment and shall not exceed thirty working days unless extended by prior approval of the Administrative Officer.

906. Report of Appointment.

All appointments to positions in the classified service, whether permanent, provisional, emergency, limited term, or extra help shall be reported promptly to the Personnel Director and the Auditor by the appointing authority, on the prescribed form.

907. Purpose of Probationary Period.

The probationary period shall be the final phase of the examination process. It shall be used by the appointing authority for the effective adjustment of employees to new jobs, and for the elimination of any probationary employee whose performance does not meet the required standards of performance.

908. Duration of Probationary Period.

Each appointment, promotion, demotion, or transfer to a permanent position shall be subject to a probationary period of one year, except as otherwise provided in these Rules. An employee who promotes within a flexibly staffed, safety classification series shall be subject to a probationary period of one year. However, an employee who promotes within a flexibly staffed, non-safety classification series shall be subject to a probationary period of six months.

The probationary period shall date from the time of appointment to a permanent position after certification from an eligible list, and shall not include time served as a provisional, emergency, or limited term appointee, nor any period of continuous leave of absence exceeding fifteen days.

During the probationary period of each employee, it shall be the duty of the appointing authority to evaluate the employee on a quarterly basis. The purpose of the evaluation is to assess the employee's ability to perform the job and to provide feedback to the employee about his/her performance. The appointing authority shall inform the employee of any progress that is less than satisfactory. If the probationary employee's conduct warrants disciplinary measures, the appointing authority may take appropriate action at any time as provided by these Rules.

The appointing authority may extend the probationary period for employees who are in, or promote within, safety classifications for a total probationary period not to exceed one year and sixty days. The appointing authority may extend the probationary period for employees who promote within flexibly-staffed, non-safety classifications for a total probationary period not to exceed one year. For all such extensions, the appointing authority shall submit a statement of reasons that shall be provided to the employee and the Personnel Director prior to the expiration of the probationary period.

If an employee is laid off during the probationary period and is later reemployed in the same class, the employee need only complete the balance of the required probationary period.

If the name of an employee released during the probationary period is restored to the eligible list from which originally certified, the employee shall be required to serve a completely new probationary period.

909. Permanent Appointment.

The permanent appointment of a probationary employee shall begin on the day following the end of the probationary period. The attainment of permanent status shall be based upon written certification of satisfactory performance of the employee during the probationary period. In the absence of such certification, an employee shall automatically attain permanent status upon completion of the probationary period for the class.

Employees having permanent status shall be subject to disciplinary action for cause.

910. Appraisal of Probationers.

The appointing authority of a probationer shall file with the Personnel Director, on the prescribed form, a report of performance one month prior to the end of the probationary period. A copy of the performance report shall be given to the employee.

911. Probationary Period of the Original Probationer.

In accordance with Rule 908, an employee who is in an original probationary status shall serve a probationary period. An employee who transfers, promotes, or demotes during the original probationary period shall begin a new original probationary period. If the employee passes the probationary period, the employee shall have permanent status in the classified service. It shall be the duty of the department head to reject a probationer any time during the probationary period if the employee's work performance is unsatisfactory or if cause exists for disciplinary action. If the employee fails the original probationary period, then the employee shall be separated without the right of appeal except where unlawful discrimination is alleged as a basis for separation. Prior to separation, the appointing authority shall notify, in writing, the employee and the Personnel Director of the employee's failure to satisfactorily complete the probationary period.

912. Probationary period of the Non-Original Probationer.

In accordance with Rule 908, an employee who has permanent status shall serve a new probationary period when the employee promotes or transfers. An employee who has permanent status shall serve a new probationary period when the employee voluntarily demotes, except when the employee held permanent status in the lower class within the same department or when the employee demotes within a class series in the same department. An employee who promotes, transfers or demotes before completing a non-original probationary period, shall begin a new probationary period.

If the employee passes probation following a promotion, transfer, or demotion, the employee has permanent status in the class.

If the employee is rejected during probation following a promotion, transfer or voluntary demotion the employee shall be reinstated to the class in the department from which the employee promoted, transferred or voluntarily demoted unless that class is no longer utilized by the Department. Should reinstatement of the rejected probationer necessitate the displacement of another employee, the displaced employee shall likewise be reinstated. Should reinstatement necessitate the layoff of an employee(s), the employee(s) to be laid off shall be determined in accordance with Rule Eleven.

913. Eligibility of Rejected Probationer.

The name of a rejected probationer may, at his or her request and at the discretion of the Personnel Director, be restored to the eligible list for that class, but the employee's name shall not be certified for that class to the department from which rejected except upon written request of the appointing authority. The name shall be retained on the eligible list until such time as it would have normally been abolished had it remained on the eligible list, and such name shall not be counted as a standing when determining the order of standings on an eligible list.

914. Probation of Reinstated Employee.

An employee who is reinstated under the provisions of Rule Seven, Section 712 shall serve the same probationary period as required for original appointment except that an appointing authority's offer of reinstatement made to a person having a previous service-connected retirement shall be an offer to the position and status previously held. Persons returning to duty in a position from which they were separated due to service-connected disability retirement shall not be required to serve a new probationary period if they have completed the required initial entry probationary period satisfactorily and had attained permanent status before leaving the rolls.

915. Special Appointments.

In those cases where the Board of Supervisors of the County of Santa Barbara takes over or acquires part or all of the duties, responsibilities, and functions of a public agency, by law or agreement, some or all of those permanent officers and employees of such public agency theretofore carrying out such duties, responsibilities, and functions of such public agency may, at the discretion of the Board of Supervisors, unless otherwise provided by State law, become subject to the Civil Service System and these Rules and regulations and be appointed to continue to carry out their said duties, responsibilities, and functions, without the necessity of complying with Rules Five, Six, Seven, Eight, or Section 901 through 905, inclusive, of Rule Nine, pertaining to Examinations (except that the provisions for medical examinations shall apply), Eligible Lists, Requisition and Certification of Eligible Candidates, and Appointment. The Director of Personnel shall require special qualifying examinations and employees passing such qualifying examinations shall become probationary employees effective the date of the appointment. An employee failing to pass the qualifying examination may be retained in the position in which he has incumbency preference without acquiring the rights of Civil Service status. Conditions of such employment, subject to applicable State law, shall be as may be provided by the Board of Supervisors, provided that they will not nullify the basic principles of the Civil Service System.

916. Appointment to Underfill an Authorized Position.

The appointing authority is authorized to fill vacant positions using the specific classifications allocated in their department. An appointing authority may underfill an authorized position with a related classification that has a lower salary range. A position may be underfilled for any of the following reasons: the department's internal promotional program would be enhanced, there are no qualified candidates to fill said vacant position or a critical departmental reason exists.

An appointment to underfill a position must be submitted in writing and meet the following requirements; the appointment must be made in accordance with the Civil Service Rules, the lower level classification must contain a substantial portion of the duties of the higher classification, and the classification used for the underfilling appointment must be approved by the Personnel Director. An appointment to underfill a position may last up to one year; any extension beyond one year must be approved by the Civil Service Commission.