2005 California Government Code Sections 31100-31117 PART 2. CIVIL SERVICE

GOVERNMENT CODE
SECTION 31100-31117

31100.  This part may be cited as the County Civil Service Enabling
Law.
31101.  This part does not limit any powers conferred on any county
by charter or any powers conferred on boards of supervisors of
counties by subdivision (b) of Section 1 or Section 4 of Article XI
of the California Constitution.
31102.  It is the intent of this part to enable any county to adopt
such a limited civil service system as is adaptable to its size and
type.
31103.  The board of supervisors of any county may contract with any
other county or city, any state department, or any competent person
or agency for the conducting of competitive examinations to ascertain
the fitness of applicants for employment and for the performance of
any other service in connection with personnel selection and
administration.
31104.  Any county may by ordinance adopt a limited civil service
system for any or all county officers and employees, except elective
officers.
31105.  The ordinance adopting a civil service system shall not go
into effect until the proposition of its approval has been submitted
to a vote of the qualified electors of the county at a general or
special election and has received the affirmative vote of a majority
of the electors voting on the proposition.  The proposition of
approval shall call for a "yes" or "no" vote and shall read in
substance as follows:
   "Shall the resolution of the board of supervisors adopting a
limited civil service system under the county civil service enabling
law be approved?"
31105.1.  Any ordinance adopting a civil service system which was,
prior to the effective date of this section, submitted to a vote of
the qualified electors of the county at a general or special election
and received the affirmative vote of a majority of the electors
voting on the proposition for the approval of the ordinance, and all
ordinances amending such ordinance, are hereby validated and
confirmed and shall have the full legal effect of ordinances adopted
by the board of supervisors and approved by the electors in the
manner required by law and complying in every respect with laws
relating to the adoption and approval of such ordinances,
notwithstanding any defect, irregularity, omission or ministerial
error in the adoption or approval thereof.
31105.2.  (a) Any ordinance adopting a civil service system that
was, prior to the effective date of this section, submitted to a vote
of the qualified electors of the county at a general or special
election and received the affirmative vote of a majority of the
electors voting on the proposition for the approval of the ordinance,
and all ordinances amending the ordinance, are hereby validated and
confirmed and shall have the full legal effect of ordinances adopted
by the board of supervisors and approved by the electors in the
manner required by law and complying in every respect with laws
relating to the adoption and approval of those ordinances,
notwithstanding any defect, irregularity, omission or ministerial
error in the adoption or approval thereof.
   (b) Any ordinance or ordinances repealing and adopting a civil
service system that was, prior to the effective date of this
subdivision, submitted to a vote of the qualified electors of the
county at a general or special election and received the affirmative
vote of a majority of the electors voting on the proposition for the
approval of the ordinance or ordinances, and all ordinances amending
that ordinance, are hereby validated and confirmed and shall have the
full legal effect of ordinances adopted by the board of supervisors
and approved by the electors in the manner required by law and
complying in every respect with laws relating to the repealing,
adoption, and approval of those ordinances, notwithstanding any
defect, irregularity, omission or ministerial error in the adoption
or approval thereof, including, but not limited to, the failure of
the county elections official to mail to the voters official matter
prescribed in Chapter 2 (commencing with Section 9100) of Division 9
of the Elections Code.
31106.  The ordinance creating the civil service system shall
designate the appointive officers and employees to be placed in the
system.
31107.  The minimum qualifications or standards prescribed for any
class or grade of employment shall not be less than those prescribed
for the class or grade of county officers and employees by the
Legislature.
31108.  (a) Any ordinance adopted pursuant to this part shall
include substantially the following provisions:
   (1) Any officer or employee in the classified civil service may be
dismissed, suspended, or reduced in rank or compensation by the
appointing authority after appointment or promotion is complete by a
written order, stating specifically the reasons for the action.  The
order shall be filed with the clerk of the board of supervisors or,
if there is a county personnel officer, the order shall be filed with
the county personnel officer and a copy thereof shall be furnished
to the person to be dismissed, suspended, or reduced.
   (2) The officer or employee may reply in writing to the order
within 10 days from the date of its filing with the clerk of the
board of supervisors or county personnel officer.  The officer or
employee may within seven days after presentation to him or her of
the order appeal through the clerk of the board of supervisors or
county personnel officer to the civil service commission from the
order.  Upon the filing of the appeal, the clerk of the board of
supervisors or county personnel officer shall forthwith transmit the
order and appeal to the civil service commission for hearing.
   (3) Within 20 days from the filing of the appeal the commission
shall commence a hearing, and either affirm, modify, or revoke the
order.  The appellant may appear personally, produce evidence, and
have counsel and a public hearing.
   (4) The findings and decision of the commission shall be certified
to the department head or officer whose action was the subject of
the hearing and forthwith enforced and followed by him or her.
   (b) Alternatively, the board of supervisors may provide by
ordinance or resolution by simple majority vote that an officer or
employee who is dismissed, suspended, or reduced in rank or
compensation may elect in writing to appeal under  the terms of any
grievance procedure established pursuant to a legally binding
memorandum of understanding between the local agency governing board
and an employee organization recognized pursuant to applicable law,
which may include final binding arbitration.
31110.  Upon the adoption of the civil service system, the board of
supervisors shall appoint a civil service commission to assist in
administering the system.
31110.1.  A county by ordinance may provide that the members of the
civil service commission may be paid compensation for their
attendance at each meeting of the commission in an amount to be fixed
by the ordinance.  In addition, the ordinance may provide that the
members of the commission may also receive reasonable traveling
expenses from their place of residence to the place of meeting of the
commission and return.  No payment of traveling expenses shall be
made pursuant to this section for meetings of the commission held
outside of the county.
31110.2.  A county may by ordinance provide that its civil service
commission or equivalent body shall have the power to issue subpoenas
and subpoenas duces tecum, and compensate persons subpoenaed.  This
power shall be exercised and enforced in the same manner as a similar
power granted the board of supervisors in Article 9 (commencing with
Section 25170) of Chapter 1 of Part 2 of Division 2 of this title is
exercised and enforced; except that such power shall extend only to
matters within the commission's lawful jurisdiction, and that
committees of the commission shall not have this power, and that
reasonable fees or expenses or both may be provided for by commission
regulation for any or all such witnesses regardless of which party
subpoenaed them.
   Subpoenas shall be signed by the chairman or secretary of the
commission.  Any member of the commission, or any person otherwise so
empowered, may administer oaths to, or take affirmations from,
witnesses before the commission.
31111.  The civil service commission shall consist of five members
or, if so resolved by the board of supervisors, seven members, each
of whom shall hold office for a term of four years and until his
successor is appointed and qualified.  The members shall be selected
from among the qualified electors of the county.  Vacancies occurring
in the commission shall be filled by appointment by the board of
supervisors for the remainder of the unexpired term only.  The civil
service commission may be designated as a merit board.
31112.  The terms of office of two members of the first civil
service commission shall be one year.  The terms of office of the
other members of the first commission shall be two, three, and four
years, respectively.  If the commission is composed of seven members,
the terms of office of all members of the first seven-member
commission shall be fixed by lot at one year for two members, two
years for two members, three years for two members, and four years
for one member.  The members shall determine by lot the relative
order of the expiration of their terms.
31113.  The commission shall perform the duties and exercise the
powers provided for in this part, and such additional powers and
duties in relation thereto as the board of supervisors delegates to
it.
31114.  Any person who:
   1. Wilfully by himself or in cooperation with another person
defeats, deceives, or obstructs any person with respect to his right
of examination, application, or certification for employment under
any county civil service system; or
   2. Wilfully and falsely marks, grades, estimates, or reports upon
the examination or proper standing of any person examined or
certified under any county civil service system, or who aids in so
doing, or makes any false representation concerning the same or the
person examined; or
   3. Wilfully furnishes to any person any special or secret
information for the purpose of either improving or injuring the
prospects or chances of any person examined, certified or to be
examined or certified under any county civil service system, is
guilty of a misdemeanor.
31115.  Any person who:
   1. Impersonates another person or permits or aids in any manner
any other person to impersonate him in connection with any
examination, application, or request to be examined under any county
civil service system; or
   2. Furnishes or obtains examination questions or other examination
material prepared and intended for use in any examination under any
county civil service system before such examination; or
   3. Uses any unfair means to cause or attempt to cause any eligible
to waive any rights obtained under the civil service system of any
county, is guilty of a misdemeanor.
31115.5.  Any county employee, or person whose name appears on any
county employment list, who uses during duty hours, for training or
target practice, any material which is not authorized therefor by the
appointing power, shall be disciplined pursuant to the county civil
service system.
31116.  For the purpose of facilitating the recruitment of
professional and technically trained persons to fill positions for
which there is a shortage of qualified applicants, a county may
expend county funds to pay reasonable travel expenses of applicants
for county or judicial district employment in traveling, from any
point within the continental United States, to and from the place or
places at which the applicants are to be examined or interviewed.
Such payments shall be authorized only upon a determination by the
board of supervisors that the expenditure is necessary to recruit
qualified persons needed by the county or judicial district.
31117.  Any person who previously had permanent status in a civil
service system of any county and who vacated his position to accept
appointment to an elective position shall be reinstated to his former
position in the same county if he so desires at the termination of
such appointment, or term of office if his acceptance of such
appointment was without a break in continuity of service and if such
person does not run for election to succeed himself following his
period of appointment.


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