Kern County PersonnelEmployee Handbook - County of Kern

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Kern County PersonnelEmployee Handbook - County of Kern Powered By Docstoc
					EMPLOYEE HANDBOOK




            PRESENTED BY
  KERN COUNTY PERSONNEL DEPARTMENT
This handbook is intended to be used by probationary and
permanent employees of the County of Kern as a ready reference
and as a summary of the County’s personnel policies, work rules
and benefits. It is designed to provide a quick overview for such
employees.

Please understand that this handbook cannot anticipate every
situation or answer every question about employment with the
County. It is not an employment contract or a legal document.
In order to retain flexibility, the County’s personnel policies,
work rules and benefits frequently change without notice to its
employees. The information contained in this handbook may not
be current. Prior to acting based on any information contained
in this handbook, you should consult your immediate
supervisor.




                                2
                                                TABLE OF CONTENTS

  WELCOME .......................................................................................................................... 5
AN OVERVIEW ........................................................................................................................ 6
  KERN COUNTY GOVERNMENT ........................................................................................ 7
  THE VALUES THAT SUPPORT THE VISION ..................................................................... 8
  KERN COUNTY ORGANIZATIONAL CHART ..................................................................... 9
WORKING CONDITIONS ...................................................................................................... 10
  CIVIL SERVICE ................................................................................................................. 11
  EQUAL OPPORTUNITY POLICY ...................................................................................... 11
  AMERICANS WITH DISABILITY ACT ............................................................................... 11
  VETERANS........................................................................................................................ 12
  SELECTION PROCEDURES ............................................................................................ 12
  EMPLOYMENT CATEGORIES ......................................................................................... 13
  PHYSICAL EXAMINATION................................................................................................ 13
  NEPOTISM POLICY .......................................................................................................... 13
  PROBATION ...................................................................................................................... 14
  PROMOTIONAL OPPORTUNITIES .................................................................................. 14
  PERSONNEL FILES .......................................................................................................... 14
  WORKING HOURS ........................................................................................................... 15
  SHIFT DIFFERENTIAL ...................................................................................................... 15
  BREAK PERIODS.............................................................................................................. 15
  PAY PLAN ......................................................................................................................... 15
  PAY PERIOD ..................................................................................................................... 16
  OVERTIME WORK ............................................................................................................ 16
  COMPENSATORY TIME OFF (CTO) ................................................................................ 16
  EMPLOYEE ORGANIZATIONS......................................................................................... 16
BENEFITS ................................................................................................................................ 19
  EMPLOYEE BENEFITS ..................................................................................................... 21
  HOLIDAYS ......................................................................................................................... 21
  VACATIONS ...................................................................................................................... 21
  LEAVE PROVISIONS ........................................................................................................ 22
  Sick Leave ......................................................................................................................... 22
  Family Sick Leave .............................................................................................................. 22
  Disability Leave .................................................................................................................. 22
  Military Leave ..................................................................................................................... 22
  Family Care Leave ............................................................................................................. 23
  Family School Activity Leave ............................................................................................. 23
  Jury Duty ............................................................................................................................ 24
  Bereavement Leave ........................................................................................................... 24
  Personal Leave .................................................................................................................. 24
  Education/Personal Enrichment Leave .............................................................................. 24
  Leave of Absence for Non-Probationary Employees ......................................................... 24
  CATASTROPHIC LEAVE .................................................................................................. 25
  SHORT TERM DISABILITY ............................................................................................... 25
  EMPLOYEE BENEFITS ..................................................................................................... 25
  MEDICAL, DENTAL AND VISION PLANS......................................................................... 25
  MEDICAL PLANS .............................................................................................................. 26
  EMPLOYEE ASSISTANCE PROGRAM ............................................................................ 28
  WORKERS’ COMPENSATION.......................................................................................... 29

                                                                     3
  Return to Work Program .................................................................................................... 29
  STATE DISABILITY INSURANCE ..................................................................................... 30
  Paid Family Leave ............................................................................................................. 30
  SOCIAL SECURITY CONTRIBUTION .............................................................................. 30
  RETIREMENT.................................................................................................................... 30
  DEFERRED COMPENSATION ......................................................................................... 32
  THE KERN$FLEX PLANS (Flexible Benefit Program)....................................................... 34
  Premium Conversion Plan ................................................................................................. 34
  Dependent Care Spending Account................................................................................... 34
  SPECIAL PAY ALLOWANCES .......................................................................................... 35
  Uniform Allowance ............................................................................................................. 35
  Professional Fee Reimbursement ...................................................................................... 35
  Longevity Pay .................................................................................................................... 35
  Suggestion Award Program ............................................................................................... 35
  Service Awards .................................................................................................................. 35
  DIRECT DEPOSIT ............................................................................................................. 35
  KERN FEDERAL CREDIT UNION..................................................................................... 36
  US SAVINGS BONDS ....................................................................................................... 36
  UNITED WAY .................................................................................................................... 37
  BUS PASSES .................................................................................................................... 37
POLICIES & PROCEDURES.................................................................................................... 38
  CONDUCT ......................................................................................................................... 39
  DRESS CODE ................................................................................................................... 39
  PERFORMANCE EVALUATION ....................................................................................... 39
  DISCIPLINARY PROCEDURES ........................................................................................ 39
  GRIEVANCE PROCEDURES............................................................................................ 40
  SECURITY ......................................................................................................................... 40
  LIABILITY........................................................................................................................... 41
  EMERGENCY .................................................................................................................... 41
  SEPARATION FROM COUNTY EMPLOYMENT .............................................................. 42
  BUSINESS TRAVEL .......................................................................................................... 43
  CONFLICT OF INTEREST ................................................................................................ 43
  ACCEPTABLE INTERNET USE ........................................................................................ 43
  DISCRIMINATION AND HARASSMENT ........................................................................... 44
  SEXUAL HARASSMENT ................................................................................................... 44
SAFETY ................................................................................................................................... 45
  SAFETY RULES ................................................................................................................ 46
  Workplace Violence Policy ................................................................................................. 61
APPENDICES ......................................................................................................................... 78
  RULE 1200              LEAVES OF ABSENCE WITHOUT PAY ................................................. 80
  RULE 1700              DISMISSAL, SUSPENSION, OR REDUCTION ....................................... 88
  GRIEVANCE PROCEDURE .............................................................................................. 93
  Workplace Violence Policy ................................................................................................. 98
  CONFLICT OF INTEREST .............................................................................................. 101
  RULE 1800              DISCRIMINATION APPEALS ................................................................ 105
  SEXUAL HARASSMENT POLICY ................................................................................... 108
  NEPOTISM POLICY ........................................................................................................ 109




                                                                     4
WELCOME




Dear New Members of Kern County Government,



Welcome to our County! We are pleased that your professional goals have led you to
become a part of the dynamic organization that is the County of Kern.

The County’s recruitment and selection process is challenging. You can be proud that the
knowledge, skills and ability that you demonstrated in a highly competitive process led to your
selection over many other qualified candidates. You will be joining a workforce of more than
7,000 employees who share your skills and the commitment you demonstrated to providing
quality customer services.

One of our organization’s most important objectives is to recognize that the services we
provide are critically important to our citizens. As County representatives, we are challenged
by that responsibility to respond with professionalism and excellence in our work.

The County is large and diverse. We encourage you to become familiar with the many
departments and dedicated people who comprise it, and to join in the special feeling of pride
we share in our County!

Once again, welcome!


Sincerely



Mark Quinn
Director of Personnel




                                              5
    AN OVERVIEW



6
KERN COUNTY GOVERNMENT


Kern County was organized in 1866. As a general law county, the County of Kern’s
government authority derives from the California Constitution and is closely governed by
State law. The County’s local government authority resides with the Board of Supervisors,
whose five members are elected to four-year terms to represent supervisorial districts. The
County also has an elected Sheriff-Coroner-Public Administrator, Assessor-Recorder, District
Attorney, Auditor-Controller-County Clerk-Elections Officer, and Treasurer-Tax Collector.

The County’s three dozen other departments work to deliver high-quality, cost-effective
services under the direction of the County Administrative Officer, who is appointed by the
Board of Supervisors. Nearly three-fourths of the County’s budget is devoted to State-
mandated services such as criminal justice, law enforcement, health care, welfare, sanitation,
animal control, and fire and environmental protection. The County also distributes property
taxes to local agencies.

The County provides many services that are not mandated by State law but are equally
essential to the safety and welfare of Kern County residents, such as libraries, parks,
economic and workforce development, and many other services that enhance life in Kern
County.

The organizational chart on page 9 shows how the County of Kern as a governmental entity
is organized to meet these service challenges.

The County government team of over 10,000 employees is working to meet the demands of
Kern County’s rapidly growing population, which has added almost 150,000 people since the
2000 census. More than 800,000 people now make their homes in Kern County.

                                                                                     12/2008




                                              7
THE VALUES THAT SUPPORT THE VISION

Kern County has adopted the following vision statement:

       To create and maintain a customer-centered County government designed to garner
       the confidence, support and trust of the people we serve.

This vision statement communicates that Kern County government is committed to the
people we serve and can be a model of effective local government.

Six key commitments are outlined below which must be fulfilled to fully implement our vision:

       1.     A commitment to maintain and communicate a strategic vision focused on
              excellence and innovation.

       2.     A commitment to be effective as defined by the customer.

       3.     A commitment to respect all employees as vital, effective team members.

       4.     A commitment to collectively and continuously improve work.

       5.     A commitment to measure performance and to manage by fact.

       6.     A commitment to recognize individual and team performance based upon how
              well we meet organizational goals.

Kern County government is a diverse organization. Every group within our organization will
find its own way to put this vision into practice this vision, but our core values are universal. If
we serve these values with all of the talent, work ethic and leadership that we possess, we
will succeed.

                                                                                           12/2008




                                                 8
                                                      ELECTORATE OF KERN COUNTY

                                                                 BOARD OF SUPERVISORS

                             COUNTY ADMINISTRATIVE OFFICE



           PUBLIC                      PUBLIC                  HEALTH AND                      CULTURE, EDUC. &                   PUBLIC WAYS &
                                                                                                                                                                       GENERAL
         PROTECTION                  ASSISTANCE                SANITATION                        RECREATION                         FACILITIES




  DISTRICT          FIRE                              KERN MEDICAL          PUBLIC HEALTH                                                               CLERK OF THE             ASSESSOR-
                                     HUMAN SERVICES                                                  LIBRARY                            ROADS
 ATTORNEY        DEPARTMENT                             CENTER                SERVICES                                                                     BOARD                 RECORDER



                                       EMPLOYERS'                           ENVIRONMENTAL                                                                INFORMATION           AUDITOR
 SHERIFF-          PUBLIC                TRAINING     MENTAL HEALTH             HEALTH               PARKS AND
                                                                                                                                       AIRPORTS          TECHNOLOGY          CONTROLLER-
 CORONER          DEFENDER              RESOURCE        SERVICES                                    RECREATION                                             SERVICES          COUNTY CLERK



                                                                              EMERGENCY
 PROBATION      AGRICULTURE AND        VETERANS                             MEDICAL SERVICES      FARM AND HOME                                           GENERAL
DEPARTMENT       MEASUREMENT                            WASTE                                                                                                                    ELECTIONS
                                        SERVICE       MANAGEMENT                                     ADVISOR                                              SERVICES
                  STANDARDS



                 PLANNING AND        AGING & ADULT                          ANIMAL CONTROL                                                               ENGINEERING
GRAND JURY                                                                                                                                                                  TREASURER - TAX
                  COMMUNITY            SERVICES                                                                                                          AND SURVEY
                 DEVELOPMENT                                                                                                                              SERVICES            COLLECTOR




                 CHILD SUPPORT
                   SERVICES                                                                                                                            COUNTY COUNSEL            PERSONNEL




                  DEVELOPMENT
                SERVICES AGENCY                                                                                                                        BOARD OF TRADE


                                                                                               LEGEND
                                                                      FULL ACCOUNTABILITY TO BOARD OF SUPERVISORS
                                                                      FISCAL ACCOUNTABILITY TO BOARD OF SUPERVISORS
                                                                      ELECTIVE OFFICE




                                                                                                PREPARED BY: COUNTY ADMINISTRATIVE OFFICE, JUNE 2010
WORKING CONDITIONS

  10
CIVIL SERVICE
To ensure that the concepts of merit and equal opportunity would be practiced in the
selection and administration of its personnel, Kern County adopted the Civil Service System
in 1956. To administer its Civil Service System the County’s Board of Supervisors appoints
five citizens, each respected and active in the community, to a Civil Service Commission.
This Commission has authority over all classified positions in Civil Service, and is responsible
for adopting rules, making changes in the Classification System, and conducting special
hearings upon appeals from regular employees.

The Civil Service Commission meets the second Monday of each month at 5:30 p.m. at the
Kern County Personnel Department, 1115 Truxtun Avenue, First Floor (661) 868-3480.
                                                                                12/2008

EQUAL OPPORTUNITY POLICY
The County of Kern is an equal opportunity employer and is committed to an active Equal
Employment Opportunity Program. The County of Kern’s policy of equal employment
opportunity requires equal consideration and treatment in all aspects of employment,
including recruitment, testing, hiring, promotion, discipline, terminations and all other terms
and conditions of employment without regard to race, color, religion, ancestry, national origin,
age (over 40), sex, marital status, sexual orientation, medical condition, or disability.

All employment decisions and personnel actions including those relating to transfers,
compensation, benefits, layoffs and training shall be administered on the basis of individual
skills, knowledge and abilities in accordance with the principle of equal employment
opportunity and consistent with Kern County Civil Service Commission Rules and
Regulations. The feasibility of any necessary job accommodation will also be administered in
accordance with the same principle.

Retaliation against anyone who files or lodges a complaint of discrimination is expressly
prohibited.

This Statement of Policy shall be posted in all County departments and offices so that
employees and the public will have knowledge of the County of Kern’s commitment to equal
employment opportunity.

The Personnel Department is responsible for carrying out the Board of Supervisors’ Equal
Employment Opportunity policy in conjunction with all County Department Heads. If you feel
you have been subjected to discriminatory treatment on the basis previously stated, you
should immediately report the incident to the Equal Employment Opportunity Office at (661)
868-3480.

AMERICANS WITH DISABILITY ACT
The Kern County Board of Supervisors on June 3, 1992, implemented the Americans With
Disabilities Act (ADA) in Kern County. The Board of Supervisors’ adoption of an Americans
With Disabilities Act Policy ensures that the County provides equal employment opportunities
and readily accessible services, programs and activities for the disabled residents of Kern
County.

                                              11
The County Administrative Office is charged with the implementation of the Board of
Supervisors’ Americans With Disability Act Policy.           County Department Heads are
responsible to assist in carrying out the policy and purpose of the Boards resolution. You may
contact the County Administrative Office’s ADA Coordinator at 868-3198 for issues of
accessibility, services, programs and activities.

The Equal Employment Opportunity office is responsible for employment issues related to
ADA. Contact the Equal Opportunity office of the Kern County Personnel Department at 868-
3480.
                                                                                12/2008

VETERANS
In an open competitive examination, veterans may be eligible for preference points subject to
the following criteria.

In accordance with the Civil Service Ordinance, Veterans’ Preference may be claimed by
submitting suitable evidence of honorable discharge at time of filing application. To be
eligible, a veteran must have served at least 90 consecutive days during one of the following
periods: December 7, 1941 to December 31, 1946; June 27, 1950 to January 31, 1955; or
August 5, 1964 to May 7, 1975; or August 2, 1990, to present, Gulf War. National Guard or
Reserve active duty for Training of six months or less will not qualify for veterans’ preference
points.

Disabled veterans who meet these requirements and are presently receiving compensation
for service connected disability of 10% or more may be entitled to additional preference
credits. A letter from the Veterans Administration verifying current disability and dated within
one year prior to the final filing date must be filed with the Personnel Department with the
application materials.

All preference verification must be received by the application filing deadline. Contact the
County Personnel Department if you have any questions regarding veterans’ preference.

                                                                                       12/2008

SELECTION PROCEDURES
The Civil Service System governs the selection procedure for all classified County positions.
As such, employees are chosen through a highly competitive selection process. An
examination may consist of application review, a written test, a performance test, an oral
interview, medical exams, or any combination of these. Some positions have special
requirements such as background investigations and psychological testing. Based on the
examination results, the candidates are ranked and the top three candidates, including any
tie scores, are certified to the department in which the vacancy exists. The department then
makes a decision on the final selection. Candidates who are not selected remain on the
eligible list for the life of the list, typically one year, and may be considered for future
vacancies for that classification.



                                              12
EMPLOYMENT CATEGORIES
For the purpose of such administrative matters as salary payment, benefit eligibility and leave
accrual, employees are categorized as follows:

Regular Full-Time
Individuals hired on a full-time basis, subject to satisfactory performance evaluations

Regular Part-Time
Individuals hired to work less than 40 hours per week, subject to satisfactory performance
evaluations.

Provisional
Individuals appointed to a regular budgeted position which may be authorized under special
circumstances pending the establishment of an adequate eligible list.

Temporary
Individuals appointed to a full or part-time position for a period of limited duration as
authorized by the appointing department.

Extra Help
Individuals appointed to a non-regular position established to meet a peak work load or
unusual departmental need. The duration of the position is limited to a maximum of nine
months from the date of hire in any one County department. At such time, employees must
wait for two months before they may be reappointed to any County department.

Retired
Individuals who have retired from County Service which have been authorized by the Board
of Supervisors to work for 120 days or 960 hours in any given 12 month period.

Elected/Appointed
Elected officers and Department Heads appointed by the Board of Supervisors, the Civil
Service Commission, and the Board of Retirement.

Information on the benefits available to County employees may be found in the
Compensation and Benefits section.
                                                                      12/2008

PHYSICAL EXAMINATION

As a County employee, you may be required at any time to take a physical, medical and/or
psychological examination, at County expense, where a question arises as to whether you
meet the fitness standards for the position for which you were hired.

NEPOTISM POLICY
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. Please carefully review the policy which
is attached as Appendix H.
                                                                                       05/2005

                                               13
PROBATION
The County has established a probationary time period during which you and the County can
determine whether or not you are suitable for the position for which you were hired. For the
majority of classifications, this probationary period is six months from the date of hire; a
12-month period is required for some others.
A performance evaluation is administered after the first three months and then again before
the end of your six-month period. Firefighters, Deputy Sheriffs, Sheriffs Dispatcher Series,
Coroner’s Investigator, Park Rangers, Group Counselors and Deputy Probation Officers, are
evaluated at three months, six months, nine months, and then again before the end of your
12 month period. During the probationary period, your work and conduct are evaluated to
ensure that they meet the standards established for your position.

As a probationary employee you accrue vacation time which, with proper approval, may be
used at the completion of your probationary period (13 biweekly pay periods). If necessary,
sick leave may be used during probation as it is accrued. You are encouraged to view the
probationary period as an opportunity to demonstrate your knowledge, skills, and abilities.
The employment relationship can be terminated by the employee or the County at any time
during the probationary period with or without cause. You have an excellent opportunity to
successfully complete your probation and become a regular employee of the County!


PROMOTIONAL OPPORTUNITIES
As a County employee, you may compete in any open competitive examination for a position
for which you are qualified. The County’s standard procedures for the examination, selection,
and certification of candidates apply (See Selection Procedures).

It is the County’s desire to develop outstanding employees and to encourage all employees
to promote from within the County service whenever possible.

To illustrate this, there are a large number of “Promotional” exams open only to County
employees or employees of a department where a promotional opportunity exists. Further, a
County employee is not required to take accrued time off (vacation, compensatory time off,
etc.) to participate in testing for the County of Kern.


PERSONNEL FILES
The Personnel Department and the County Department to which you are assigned both
maintain a confidential personnel file for each County employee. The “official” personnel file
is the one maintained by the Personnel Department. You may obtain access to your official
file by contacting the Personnel Department. You must authorize in writing the review of your
official personnel file by other individuals.

You should advise your Department Payroll Clerk of changes of name, address, and/or
phone number, any change in marital status, changes of beneficiaries, and additions to
family, so that the records may be kept updated and necessary information given to
insurance carriers.




                                             14
WORKING HOURS
A normal workday consists of eight hours and a full workweek is forty hours, unless otherwise
provided by law, code, or other agreement. The regular County business hours are 8:00 a.m.
to 5:00 p.m. Monday through Friday unless scheduled otherwise.

SHIFT DIFFERENTIAL
A “shift” for the purpose of shift differential pay is defined as follows for most County
employees:

   •   P.M. Shift – Any work period encompassing at least five (5) hours of work between the
       hours of 3:00 p.m. and 12:00 midnight. P.M. Shift is compensated at 5% of the
       employee’s base rate of pay.

   •   A.M. Shift – any work period encompassing at least five (5) hours of work between the
       hours of 12:00 midnight and 9:00 a.m. A.M. Shift is compensated at 7.5% of the
       employee’s base rate of pay.

Refer to the current Memorandum of Understanding (MOU) for your Unions applicable
provisions.


BREAK PERIODS
Employees may be allowed, at their department head’s discretion, a fifteen minute rest or
coffee break for every four hour period worked. (Over the period of one year this amounts to
over five (5) days of paid time).

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.


PAY PLAN
As a County employee, you are hired in a specific job classification determined by the duties
and responsibilities of the position. Each classification is assigned a salary range by the
County Board of Supervisors, following a meet and confer process with recognized employee
organizations or recommendations from the County Administrative Office. Within that salary
range there are five steps of compensation, Steps A through E, with Step A representing the
minimum rate of compensation for the job classification and Step E representing the
maximum.

There is a difference of approximately 5% between each salary step. Each step represents
an increasing level of responsibility and competence. You will normally begin at Step A,
further advancements are considered on a merit basis subject to the recommendation by the
Department Head and approval by the Director of Personnel.


                                             15
PAY PERIOD
Pay periods end every other Friday, and paychecks will be distributed the second Tuesday
after the end of the pay period. If a holiday falls on a scheduled payday, paychecks will be
distributed on the following day.


OVERTIME WORK
It is the duty of each department head to arrange the work of their department in such a
manner that so far as possible regular employees shall work no more than their normal work
day. If in the judgment of the department head, work in excess of the normal workday or
workweek is necessary to meet the workload of the department, the department head or his
subordinate may direct an employee to perform overtime services.

Authorized overtime means work performed by a regular employee as follows:

   •   In excess of eight (8) hours in a workday or forty (40) hours in a workweek for
       employees on a normal work schedule;

   •   In excess of ten (10) hours in a workday on a four (4) day per week normal work
       schedule;

   •   In excess of twelve (12) hours in a workday or eighty (80) hours in a bi-weekly pay
       period for those personnel who are assigned to work a twelve (12) hour work day on a
       three (3) or four (4) day per week normal work schedule.


COMPENSATORY TIME OFF (CTO)
Time off without loss of pay during a regular workweek which is granted to an employee as
compensation for authorized overtime work performed by the employee. Such time off must
be approved by the department head or their designee in advance. Compensatory time off
maybe accumulated up to, but not exceed, the credit of 120 hours at any time upon approval
of the department head or their designee.

See Kern County Ordinance Code Section 3.24


EMPLOYEE ORGANIZATIONS
Under California Law, local government employees have collective bargaining rights with
respect to wages, hours and other terms and conditions of employment. The law that gives
local public employees this right is the Meyers-Milias-Brown Act. (Gov. Code § 3500, et.seq.)

The Meyers-Milias-Brown Act is unique among the state’s bargaining laws because it permits
each local employer to draw up its own rules and regulations governing employment
relations. At the same time, the law establishes mandatory rights and duties which local
agencies must abide by and with which local rules must conform. The Kern County Board of
Supervisors has complied with the law establishing the “County Employer-Employee
Relations Resolution.” Among other things, this resolution gives employees the right to form,
join, and participate in the activities of employee organizations of their own choosing and to
be represented by such organizations.

                                             16
Union Dues/Representation Fee
New employees represented by one of the recognized bargaining units shall either (1)
become a member of the Union or (2) pay to the Union a representational fee. The
representational fee is currently 90% of the amount that a Union Member would pay. Bi-
weekly union dues for general employees of Service Employees International Union (SEIU)
range from $9.48 to $13.12. Bi-weekly union dues for firefighters of Kern County Firefighters
Union (KCFFU) are $27.03. Bi-weekly union dues for Sheriff deputies and sergeants of Kern
Law Enforcement Association (KLEA) are $29.36. Bi-weekly union dues for detention officers
of Kern County Detention Officer’s Association (KCDOA) are $16.15. Bi-weekly union dues
for deputy district attorneys of Kern County Prosecutor’s Association (KCPA) range from
$6.00 to $14.00. Bi-weekly union dues for Probation Officers and Group Counselors of the
Kern County Probation Officer’s Association (KCPOA) are 1% of their gross pay.

SEIU Local #521, represents general employees in the following units; Supervisory;
Professional; Technical Services; Clerical; Administrative; and Trades/Crafts/Labor.

KCFFU Local 1301 AFL-CIO represents all firefighters through the rank of battalion chief.

KLEA represents all deputies, through the rank of sergeant, and District Attorney
Investigators.

KCPA represents all non-management attorneys employed in the Kern County District
Attorney’s Office.

KCDOA represents all Detention Officer and Detentions Deputies through the rank of
Seargent.

KCPOA represents all Probation Officers and Group Counselors. For further information
contact the Kern County Probation Department at (661) 868-4100.

SEIU – Criminal Justice Unit represents Criminal Justice Employees.

KCSCA represents Sheriff’s Commanders and Lieutenants.

KCSCAII represents Sheriff’s Detention Lieutenants

If you desire to know more about the “meet-and-confer” process and/or the activities of these
organizations, it is suggested you make personal contact.

SEIU Local #521                                   Kern Law Enforcement Association (KLEA)
1001 – 17th Street                                3417 Pegasus Drive
Bakersfield, California 93301                     Bakersfield, California 93308
(661) 325-7487                                    (661) 392-4430
(800) 570-5700

Kern County Firefighter’s Union Local 1301        Kern County Prosecutor’s Association (KCPA)
(KCFFU)                                           1215 Truxtun Avenue
3615 Mt. Vernon Avenue                            Bakersfield, California 93301
Bakersfield, California 93306                     (661) 868-2760
(661) 871-1301




                                             17
Kern County Detention Officers Association         Kern County Sheriff’s Command Association
P.O. Box 81534                                     PO Box 80775
Bakersfield, CA 93380                              Bakersfield, CA 93380
(661) 343-1992
                                                   Kern County Sheriff’s Command Association II
Kern County Probation Officer’s Association        PO Box 80775
P.O. Box 1505                                      Bakersfield, CA 93380
Bakersfield, CA 93302

SEIU – Criminal Justice Unit
325-7487



                                                                                       04/2008




                                              18
     BENEFITS


19
This section of the manual is designed to acquaint you with
some of the significant features of the County’s benefit
programs. However, it is important to remember that more
detailed information is set forth in the official plan and other
legal documents that govern benefits. Accordingly, if there is
any conflict between the brief summaries contained in this
manual and the terms, conditions or limitations of the official
plan or other legal documents, the provisions of those
documents govern. Employees who wish to inspect those
documents should contact their immediate supervisor.




                               20
EMPLOYEE BENEFITS
As a regular or provisional employee of Kern County, working twenty (20) hours or more per
week, you are presently eligible for the following benefits as described below*:

   •   Vacation Leave                                 •   Flexible Benefits (Such as
   •   Sick Leave                                         Dependent Care and unreimbursed
   •   Full pay for County holidays                       medical.)
   •   Medical Plan                                   •   Direct Deposit
   •   Dental Plan                                    •   Payroll Deduction
   •   Vision Plan                                    •   Group Life & Disability Insurance
   •   Retirement & Retiree Health                    •   Credit Union (Voluntary)
       Coverage                                       •   U.S. Savings Bonds
   •   Deferred Compensation
   •   Employee Assistance Program

Details on employee benefits, including eligibility and accrual rates, may be found in the
supplemental Summary of Benefits.

   *   Extra-help employees are not eligible to receive County benefits.
                                                                                    12/2010

HOLIDAYS
Subject to the appropriate Memorandum of Understanding, general and law enforcement
employees and forty (40) hour Fire Department personnel are entitled to the following County
observed holidays each year:

New Year’s Eve                                    Independence Day
New Year’s Day                                    Labor Day
Martin Luther King’s Birthday                           (First Monday in September)
       (Third Monday in January)                  Thanksgiving Day and Friday Following
President’s Day                                   Christmas Eve
       (Third Monday in February)                 Christmas Day
Memorial Day
       (Last Monday in May)

Fifty-six hour Fire Department members are entitled to 6.0 ODD (On Duty Day) holidays per
year, which may be taken according to the rules and regulations of that department. An ODD
is equal to twenty-four (24) hours.


VACATIONS
Vacation time is accrued on an hourly basis beginning with your first day of employment,
according to the appropriate Memorandum of Understanding affecting your classification and
upon the length of your continuous service.



                                             21
You may take whatever vacation leave balance you have to your credit at any time, provided
your department head approves the vacation in advance, and the amount taken at one time
does not exceed twice your annual accrual. New employees may not take vacation until
completing their 13th bi-weekly pay period.

Vacation credits not used may be accumulated up to a maximum of three times the annual
earning rate.


LEAVE PROVISIONS
The County recognizes that there are times when you need to be absent from work for other
than vacation, and provides for the types of leaves described below: (see Appendix A)

Sick Leave
Use of accrued sick leave is permitted for illnesses, which prohibits you from performing your
normal job functions. Sick leave is accrued on an hourly basis beginning with your first day of
employment, based upon the accrual rate per the appropriate Memorandum of
Understanding affecting your classification

If you use sick leave with pay for more than five consecutive working days, or in excess of
five days in one month, you are required to provide a verifying physician’s statement. You
may be required to provide such a statement for absences of three consecutive days or three
days in one month.

Family Sick Leave
As a regular County employee, inclusive of domestic partners, you are entitled to use
accrued sick leave to take time off for the illness of an immediate family member up to a
maximum of ten days per year. “Members of Immediate Family” is defined, in the Kern
County Administrative Procedures Manual, Chapter I.

Disability Leave
For non-job related illness or disability and pregnancy disability, leave without pay may be
granted up to a maximum of six months, subject to prior use of all sick leave, and other
provisions. (See Appendix A, Sections 1201.10; and, 1201.20) If you are a County
employee who has a job-related injury or illness, which qualifies you for temporary disability
compensation, you may request a leave of absence until the disability compensation ends, or
until you have been released to return to work according to County Procedures. (See
Appendix A, Section 1201.50)

Military Leave
The County provides military leave for regular full or part-time County employees in
accordance with government code provisions.         Some military leaves entitle County
employees up to thirty (30) days paid leave per year. (See Appendix A, Sections 1201.10;
1201.40; and, 1202.30)




                                              22
Family Care Leave
Under federal and state law, employees of the County who (a) have been employed at least
twelve (12) months (the twelve (12) months do not need to be consecutive); and (b) worked
at least 1,250 hours of service during the twelve (12) month period immediately before the
commencement of the leave are entitled to an unpaid leave of absence for up to twelve (12)
weeks during any twelve (12) month period, measured backward from the date the leave is
used. These leaves are mandated by the Family and Medical Leave Act and the California
Family Rights Act and are referred to as FMLA/CFRA leaves. The leave may be authorized
for the birth and care of a newborn, placement of a child with an employee for adoption or
foster care, care of a spouse, child, or parent who has a serious health condition, or serious
health condition of the employee. Employees electing to take family care leave must exhaust
all accrued sick leave to the maximum extent permitted at the commencement of the leave
and shall be entitled to use any other accrued leave balances concurrently with the leave.
(See Appendix A, Sections 1201.10; and 1201.30)

Even if County employees are not eligible for FMLA/CFRA leaves, if they are disabled by
pregnancy, childbirth or related medical conditions, they are entitled to take a pregnancy
disability leave of up to six months depending on the period of actual disability. If an
employee is eligible for FMLA/CFRA leaves, the employee has certain rights to both a
pregnancy disability leave and a FMLA/CFRA leave for the birth of a child. Both leaves
contain a guarantee of reinstatement to the same comparable position at the end of the
leave, subject to any defense allowed under law.

If possible, employees must provide at least thirty (30) days advance notice of foreseeable
events necessitating a FMLA/CFRA leave (such as the expected birth of a child or a planned
medical treatment for the employee or of a family member.) For events, which are
unforeseeable, the employee must notify the County, at least verbally, as soon as the
employee learns of the need for the leave.

Failure to comply with the notice provisions described above is grounds for, and may result in
deferral of the requested leave until the employee complies with the notice provisions.

The County may require certification from a healthcare provider before allowing leaves for
pregnancy or the serious health condition of an employee or family member. When medically
necessary, leave may be taken on an intermittent or reduced work schedule. The leaves
described in this section shall run concurrently with all other leaves which apply to the
employee’s absence.

Family School Activity Leave
Any regular full or part-time County employee who is a parent, guardian or grandparent with
custody of a child in grades Kindergarten through Twelve, shall be granted a leave from work
up to a maximum of forty (40) hours per school year, but no more than eight (8) hours in any
calendar month, to participate in their children’s school activities.       Vacation leave,
compensatory time-off, or any other paid leave allowances other than sick leave shall be
utilized. If the employee has no paid leave time accrued, leave without pay must be taken.
(See Appendix A, Section 1201.60)




                                             23
Jury Duty

All regular full, part time and extra help employees shall be entitled to time off without loss of
pay if you are summoned to jury duty. 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.
Employees may keep the mileage reimbursement.

Non-promotional, probationary employees called to serve on jury duty shall be granted time
off without loss of pay. The actual time away for jury service will be added to the probation
period on a day-for-day basis.
                                                                                     12/2008

Bereavement Leave
You may be granted to use of up to 10 days of sick leave for the death or funeral of a
member of your immediate family as defined in the Kern County Administrative Procedures
Manual.

Personal Leave
Under certain circumstances, a regular full or part-time employee may request a personal
leave of absence without pay for a period of not more than three months. This leave is
strictly reserved for unusual situations, which you are unable to resolve through any other
means. All vacation leave, holiday time, and compensatory time off must be exhausted prior
to the effective date of the leave of absence. (See Appendix A, Sections 1201.10; and
1202.20)

Education/Personal Enrichment Leave
Regular full and part-time employees interested in pursuing educational or personal
enrichment opportunities, may be granted a leave of absence without pay for up to one (1)
year. (See Appendix A, Sections 1202.10; and 1202.40)

Leave of Absence for Non-Probationary Employees
Non-Promotional Probationary Employees are employees newly hired as a probationary
employee in the classified service.

Non-promotional probationary employees shall not be granted a discretionary leave of
absence without pay for any reason other than specified in Rules 1205.10 (Non-Job Related
Illness or Disability and Pregnancy Disability) and 1205.20 (Family Sick Leave).

All discretionary leaves authorized by Rule 1205 shall run concurrently with leaves taken
pursuant to Rule 1201.30 (Mandated Family and Medical Leaves – employees and Family
and shall count against the twelve (12) week limit. See Appendix A, Section 1205.)




                                               24
CATASTROPHIC LEAVE
Catastrophic leave benefits have been established for County employees who have
exhausted all accumulated vacation, sick leave and compensatory time off (CTO). An
employee is eligible for catastrophic leave when the employee faces financial hardship due to
an injury or prolonged illness of the employee or employee’s spouse, parent or child (based
on medical evidence) and the employee is absent from work caring for himself or herself or
family members. Employees may not exceed more than six (6) months of catastrophic leave
time in any twelve (12) month period.

Refer to your appropriate Memorandum of Understanding (MOU) for specific provisions of
Catastrophic Leave benefits.


SHORT TERM DISABILITY
Short-term disability and accident insurance policies may be purchased from American
Bankers Life through payroll deduction. See Kern$Flex Plans section for further details.


EMPLOYEE BENEFITS
This booklet is provided to inform you of the many benefits that are provided to
employees of the County based upon the latest negotiations between Kern County and
the following recognized bargaining units (“unions”): Service Employees International
Union (SEIU & SEIU-CJU), Kern Law Enforcement Association (KLEA), Kern County
Firefighters’ Union (KCFFU), Kern County Prosecutor’s Association (KCPA), Kern
County Sheriff’s Command Association (KCSCA I & II), Kern County Prosecutors’
Association (KCPOA), and the Kern County Detention Officers’ Association (KCDOA).
A summary of the mandatory benefit programs is noted below.

MEDICAL, DENTAL AND VISION PLANS
The County presently offers a medical/dental/vision package which allows for a choice
between three medical plans, a choice between two dental plans and a vision plan to all
eligible employees and their eligible dependents. Each employee must attend an orientation
within 2 weeks of their hire date.

Eligible Dependents
Dependents include the legal spouse, registered domestic partner or unmarried child of an
employee/retiree who is not in the military and lives in the United States. The child must be
chiefly dependent upon the employee for support, under age 19 or a full-time
student/dependent (age 19, 20, 21, or 22), or an over-age disabled dependent. Full time is
generally defined as being enrolled with at least 12 college or university units at all times.
Student eligibility in a non-college situation is evaluated on a case-by-case basis.




                                             25
The day your benefits become effective will be on the first day of the bi-weekly pay period
following thirty (30) consecutive calendar days of employment. For coverage to begin, your
completed enrollment form with all required attachments (e.g., marriage certificate, domestic
partner registration, birth certificates, or other documents) must be submitted to the Health
Benefits Office prior to your effective date. You must enroll any new dependent within thirty
(30) calendar days of their eligibility. If you miss this 30-day window, you may only enroll
them during a future open enrollment.

“Open Enrollment” is that period of time designated by Kern County during which dependents
may be added to or deleted from an employee’s health benefits and changes may be made in
the plans selected.

In general, employees hired after 4/15/97 are required to enroll in County health benefits
unless they have other group health insurance and timely sign a declination form certifying
that other coverage. All employees who enroll in health benefits must enroll in all three
components (medical, dental and vision). Individual component participation is not allowed.
The cost of health coverage depends on plan chosen and number of dependents.

When Benefits End
Benefits, as an employee will end on the last day of the bi-weekly payroll period during which
employment ends. Benefits will also end on the due date of any unpaid employee
contribution.


MEDICAL PLANS
Point of Service (POS) Plan
Under the POS Plan, you name a Primary Care Physician (“PCP”) to provide or coordinate
your care. This PCP will be a doctor of internal medicine, family practice, general practice or
pediatrics. Each member can choose their own PCP. In-Network Benefits: Generally, in–
network benefits are paid by the plan for covered services provided either: 1) by your PCP, or
2) by a specialist if you have been referred to the specialist by your PCP. Pre-authorization is
required for certain services. Out of Network Benefits: Generally, covered services that
are not provided or coordinated by your PCP are covered by the plan at the out-of-network
level, which is 70% of “reasonable and customary” charges after a $200 individual deductible
has been met. Out of Area Plan If you live outside of Kern County or in another qualifying
zip code, you may choose the Out of Area Plan. You do not select a PCP, but are
responsible to utilize contracted providers to receive the in-network equivalent benefits.
Prescription Drugs: The co-payment for prescriptions is $5, $15, or $30+ for a thirty (30)
day supply from pharmacies that are members of the Catalyst RX network, $10, $30 or $60+
for a ninety (90) day supply by direct mail order from Walgreen’s or free for generic and
preferred brand name at Kern Medical Center pharmacies.


Exclusive Provider Organization (EPO) Plan
Under the EPO Plan, you name a Primary Care Physician (“PCP”) to provide or coordinate
your care. This PCP will be a doctor of internal medicine, family practice, general practice or
pediatrics and will generally be contracted with Gemcare or DRMG. Each member can
choose their own PCP. In-Network Benefits: Generally, in–network benefits are paid by the
plan for covered services provided either: 1) by your PCP, or 2) by a specialist with plan

                                              26
authorization. Pre-authorization is required for certain services. Out of Network Benefits:
There are no Out of Network benefits on this plan unless authorized by the plan
administrator. Out of Area Plan: There is no Out of Area benefit on this plan. Prescription
Drugs: The co-payment for prescriptions is $5, $10, or $25 for a thirty (30) day supply from
pharmacies that are members of the NPS network, and $10, $20 or $50 for a ninety (90) day
supply by direct mail order from Integrated HMO Pharmacy.

Kaiser Permanente
Under this plan, you receive all your care from Kaiser Permanente providers and facilities.
There is no benefit if you obtain care not authorized by Kaiser Permanente. Prescription
Drugs: The co-payment for prescriptions is $5 or $15 for a one hundred (100) day supply
from Kaiser Permanente pharmacies.

DENTAL PLANS

PPO Dental Plan
The Preferred Provider (PPO) plan is a comprehensive dental plan which allows you to
choose your own dentist and your level of benefit. There is a $50 deductible per individual,
per calendar year, up to a maximum of three deductibles per family. The plan pays 90% of
the contracted rate to a contracted dentist, and 70% of “usual and customary” for covered
services provided by a dentist that is not contracted. The yearly maximum benefit is $1500
per family member. There is no benefit for orthodontia related services.

DHMO Dental Plan
The Dental HMO plan provides comprehensive dental coverage through participating
dentists. You must select one of the participating dentists to provide all the care for you and
your eligible dependents. There is no deductible and no annual limit of care. There are
some co-payments for major dental work (e.g. crowns, bridges, etc.). There is an orthodontia
discount available for all covered persons.

VISION PLAN

The County has a self-funded vision plan administered by Vision Service Plan. The plan
provides for lenses and frames every 24 months and an exam every 12 months. If you go to
a participating doctor, you pay a co-payment of $20 for the exam and $20 for the frame and
lenses. Most frames and lenses are paid a 100% after the co-payment is met. There are
limitations on contact lenses.
                                                                                    12/2010

RETIREE HEALTH PREMIUM SUPPLEMENT PROGRAM
This program was designed to help pay for health benefits upon retirement. In general,
represented employees are required to contribute unless they will never receive benefit from
the program because they will not meet the years of service/age criteria (i.e., employees who
are age 45 or older when hired do not participate). The contribution to this program is
presently 1.62% of base wages.
                                                                                      04/2008



                                              27
EMPLOYEE ASSISTANCE PROGRAM
The County recognizes that a personal difficulty may occasionally require the support that
only a professional counselor can offer, and so provides you with the services of the
Employee Assistance Program (EAP). The purpose of the EAP is to provide short-term
counseling for a variety of personal, marital, and family problems, which may affect your
personal life and/or work performance.

What Kinds of Problems Are Counseled?
Assistance is provided for any health or behavioral problem that seriously affects your
personal or occupational life, such as:
             Family                          Rape
             Children                        Battered Spouse
             Alcohol Abuse                   Depression
             Drug Abuse                      Financial/Legal (referral service)
             Crisis Intervention             Sleep Disorders
             Marital/Relationships           Dealing with Grief/Los
             Persistent Anxiety

Who Is Eligible?
This voluntary program is available to employees who are eligible for County health benefits,
and their family members, on a self-referral basis. You are encouraged to schedule an
appointment with an EAP Counselor for any problem, which is affecting either your job
performance or your personal life.

Formal Referral
If your supervisor feels that you might benefit from the services provided by the EAP, he/she
may suggest that you call for an appointment. When a formal referral is made by your
supervisor, it is strongly recommended that you follow through.

Is it Confidential?
The information you discuss during counseling sessions is maintained in strict confidence by
the Employee Assistance Program and it will not become a part of your personnel records.

How to Make an Appointment
Call the EAP at (800)730-3859 to make an appointment during working hours. After 5:00
p.m. and on the weekends, emergency assistance is available at the same number.

Is There Any Charge?
There is no charge to you or your family for the initial counseling costs. These charges have
been paid by the County so that you may receive assistance as soon as you need it. If
further referral or treatment for a particular need is required, every effort is made to utilize low
cost counseling resources within the community.


                                                                                           12/2008




                                                28
WORKERS’ COMPENSATION
Kern County provides workers’ compensation coverage as required by law. The first priority
is to provide all reasonable and necessary medical care to cure or relieve the effects of a
work-related injury or illness. This coverage includes payment for medical treatment and
temporary disability benefits (if any time is lost from work) for employees who are injured in
the course of their work. The County finances and administers this coverage under a state-
approved self-funded program. Your department pays into to this program a proportionate
share of the overall costs.

Injured employees are entitled to be treated at one of the several medical facilities on the
County’s panel of preferred providers. These providers are familiar with the requirements of
the California Workers’ Compensation program. These medical facilities are listed on a
poster in each work area and can also be found on the web at:
www.co.kern.ca.us/rm/MPN/mpn_forms.asp Employees may also pre-designate a personal
physician to treat them for industrial injuries if an Employee Pre-designation of Workers’
Compensation Physician form is filed with the department prior to the injury date. This form
can be found on the web at: www.co.kern.ca.us/rm/wc/wc_forms.asp

If you have any questions regarding Workers’ Compensation, please call (661) 868-3801.

Return to Work Program
Kern County has a Return-to-Work Policy which assists employees in returning to work when
they are unable to perform regular job duties due to injury. Your department, Workers’
Compensation Services, the Personnel Department and your treating physician will work with
you to provide a temporary limited work assignment that is within your medical restrictions.
Employees receive regular salary while on limited duty. Temporary limited work assignments
normally do not exceed six months.

 If the employee is permanently unable to return to his or her regular job, the department will
determine whether or not it is possible to permanently modify the job, consistent with the
essential functions required for that position, in order to accommodate the employee’s
permanent medical restrictions. If the County determines that permanent modification of the
job is not possible, the County will research other vacant jobs within the County for which the
injured employee is qualified and will place the employee in an alternate position whenever
possible.
                                                                                       12/2008




                                              29
STATE DISABILITY INSURANCE
Most employees (notable exceptions are Deputy Sheriffs, Firefighters, and Management) are
covered by State Disability Insurance. This program is administered by the State of
California and provides for certain benefits during a doctor certified disability.

The State Disability Insurance (SDI) plan provides low cost disability protection if illness or
injury not caused by your job prevents you from working. If you are eligible for coverage, the
law provides that a small percentage of your wages, up to the prevailing maximum, be
deducted each pay period for the disability insurance.

Paid Family Leave
The Paid Family Leave Program is a component of the State Disability Insurance (SDI) plan
administered by the State of California. That program provides for up to six (6) weeks of
partial wage replacement for eligible employees who take unpaid family care leave to bond
with a new child or to care for a seriously ill family member.
                                                                                  07/2004

SOCIAL SECURITY CONTRIBUTION
Employee Contribution
The County of Kern Withholds 6.2% for Social Security and 1.45% for Medicare from
employee’s payroll warrants.

County Contribution
The County matches the employee’s 6.2% for Social Security (FICA1) and 1.45% for
Medicare (FICA 2). Combined with the employee contribution, there is a total of 12.4% of
covered waged contributed to each employee’s Social Security account.


RETIREMENT
Membership in the Kern County Employees’ Retirement Association (KCERA) is automatic
after appointment to a permanent position of 50 percent or more of the regular standard
hours required. KCERA membership begins on the first day of the next payroll period
following employment. New employees ages 60 or older have the option to become KCERA
members.

Contributions
KCERA benefits are funded from three sources: employee contributions, employer
contributions, and investment earnings of the retirement fund.

All new County employees will pay 100% of their normal contributions throughout their
employment. General members’ contribution rates are determined by benefit tier and age of
entry into KCERA. Safety members’ contribution rates are determined by each Safety-
represented bargaining unit; some rates are based on age of entry, while others are a flat,
“average” rate. Pre-tax contributions are deducted from employee pay each payroll period.




                                              30
A member’s contribution balance is refundable only upon termination of County employment.
A member who withdraws his/her contributions severs membership with KCERA and forfeits
all rights to KCERA benefits. If a member elects a refund, contributions paid by the County
on a member’s behalf are nonrefundable.

Beneficiary Designation
Retirement members must name a beneficiary for survivor benefits. A married member
should designate his/her spouse due to California’s community property laws. Members may
change their beneficiary designation at any time.

Service Retirement
KCERA members can retire for service upon meeting the following eligibility requirements:

General Members:
  • At least 10 years of retirement service credit and age 50,or
  • 30 years of retirement service credit, regardless of age, or
  • Age 70 regardless of service credit.

Safety Members:
   • At least 10 years of retirement service credit and age 50, or
   • 20 years of retirement service credit, regardless of age, or
   • Age 70, regardless of service credit.

Disability Retirement
   • Nonservice-connected disability: An injury or illness not related to job. At least five
      years of service credit required.
   • Service-connected disability: An injury or illness related to job. No minimum service
      credit required.

Social Security Integration
In general, the benefits of KCERA are integrated with the benefits provided under the Federal
Social Security Act.

Reciprocity
Any member who terminates Kern County employment and, within six months, establishes
reciprocity with an eligible retirement system may receive reciprocal benefits. Reciprocity is
available to members regardless of service credit. Please contact KCERA for more
information.

Deferred Status
Any member who terminates Kern County employment and has at least five years of
retirement service credit, may elect to leave his/her contributions on deposit with KCERA in a
deferred status. The member may begin receiving a monthly pension when he/she attains
age 50 and at least 10 years have elapsed from his/her KCERA entry date.

Survivor Benefits – Pre-Retirement Death, Unrelated to Job
Less than five years service: The beneficiary will be entitled to receive the Basic Death
Benefit, which consists of the member’s contributions and interest and one month of salary
for each full year of service, up to a maximum of six months salary.



                                             31
More than five years service: The surviving spouse will be entitled to receive a monthly allowance
equal to 60 percent of the retirement allowance to which the member would have been entitled if
he/she had retired for a nonservice-connected disability on the date of his/her death.

Survivor Benefits – Pre-Retirement Death, Related to Job
The surviving spouse will be entitled to receive a monthly allowance equal to 50% of the member’s
final compensation.

Please see Retirement Benefits Information Handbook, available online at www.kcera.org or in the
KCERA Office at 11125 River Run Blvd., Bakersfield, CA 93311. Telephone Number: (661) 381-
7700 or (877) 733-6831 (toll free). Fax Number: (661) 381-7799.
                                                                                       09/2011

DEFERRED COMPENSATION
The Kern County Deferred Compensation Plan allows you to voluntarily invest a portion of your
compensation before it is considered taxable. By doing so, you agree to reduce your salary by the
amount indicated on your Salary Reduction Agreement. This amount may not exceed IRS
requirements. The amount invested, plus any accumulated gain, is available to you upon termination
or retirement from County employment or to your beneficiary upon your death.

The Kern County Deferred Compensation Plan provides the following features:
   • Continuous open enrollment
   • Convenient payroll deduction
   • Defer taxable income
   • Earnings accumulate tax deferred
   • Supplement to retirement and social security
   • 24 hour 800# and Internet access for unrestricted investment option account transfers, option
      rebalance, asset allocation and account balance information
   • Rebalancer and dollar cost averaging from existing account options
   • Dollar cost averaging – continuous investments over time
   • A well diversified portfolio of investment options including a self directed brokerage account
   • On site registered representative in the Treasurer and Tax Collector’s Office
   • On site group departmental meetings and individual assistance meetings are available
   • Quarterly performance is provided for each investment option
   • Internet investment advise and retirement forecasting

Eligible Employees
          1. All common-law Employees of the County who are active participants in the Kern
             County Employees Retirement Association, or

          2. Employees given eligibility in the Plan by contractual agreement with the County and
             approved by the Board of Supervisors.




                                                32
MATCHING CONTRIBUTIONS
For those employees enrolled in the lower general retirement tier (1.62% at 65) the County
will make a matching contribution to the Plan up to six percent (6%) of base salary as
provided in the employee’s MOU:

          1. All Eligible Employees hired on or after October 27, 2007, who are collectively-
             bargained County employees and who are members of the Service Employees
             International Union, Local 521, Bargaining Units 1-6 (hereinafter “SEIU, Local
             521”), as required by the governing Memorandum of Understanding or other
             signed, written agreement between the County and SEIU, Local 521.

          2. All Eligible Employees hired on or after October 27, 2007, who are
             management, mid-management or confidential employees of the County, but
             excluding any manager or supervisor of any employee who is covered by a
             Memorandum of Understanding between the County and the Kern County
             Prosecutors Association.

For Assistance
If you are interested in deferring taxes, convenient investing, and financial security, please
contact our deferred compensation representative at 661-868-3467. Ask for a personalized
investment choice (PIC) or a paycheck comparison illustration.

                                                                                     12/2008




                                             33
THE KERN$FLEX PLANS (Flexible Benefit Program)
Pre-tax Treatment
The Kern$Flex Plans are flexible spending plans that allow employees to pay for dependent
care, un-reimbursed medical expenses and certain insurance premiums on a pre-tax basis
through payroll deduction. Enrollment in the plan is processed by Chimienti & Associates.
Further information is available by calling Chimienti & Associates at (877) 733-1670
Extension17. Kern$Flex enrollment must be completed within 60 days of initial hire date or
during the annual open enrollment. Elections (choices) made will be in effect for the entire
plan (calendar) year and cannot be changed without a qualifying change in family status, or
until the next open enrollment changes are effective the first day of the next calendar year.
Insurance programs offered by Chimenti & Associates can also be purchased through payroll
deduction outside the Kern$Flex plans on a post-tax basis. Certain insurance programs
offered by Chimienti & Associates (e.g., Life Insurance through Transamerica or Critical
Illness coverage through American Bankers Life) cannot be purchased through premium
conversion under the Kern$Flex plans.



                                         OPTIONS
Premium Conversion Plan
Premium for American Bankers disability, accident, and cancer coverage may be paid on a
pre-tax, payroll deduction basis.

Dependent Care Spending Account
This plan may make dependent care expenses more affordable. Participants may elect an
amount to be deducted on a pre-tax basis from their pay to go into this spending account.
Participants are reimbursed from this account as expenses are incurred and paid.

Unreimbursed Medical Spending Account
This plan helps participants pay out of pocket medical costs while increasing spendable
income. Participants may elect an amount to be deducted on a pre-tax basis from pay to go
into this spending account. After submitting receipts for qualified expenses, participants are
directly reimbursed from this account.

Time Line for Spending Account Claims
All claims for Dependent Care and unreimbursed Medical Spending accounts must be
incurred during the calendar year in which participation occurred. Claims must be submitted
for reimbursed by March 31 of the next plan year. Any unused monies that have been
deducted for spending accounts are forfeited to the plan. Enrolled participants either use the
benefit or lose it. Administrative Solutions is the spending account administrator. Their
customer service phone number is 1(866) 777-1320.

                                                                                     10/2007




                                             34
SPECIAL PAY ALLOWANCES
Uniform Allowance
Most employees who are required to wear uniforms receive a cash allowance for uniform
purchase and maintenance. (Refer to the appropriate Memorandum of Understanding for
details.)

Professional Fee Reimbursement
Employees who are required to maintain federal or State licenses as a condition of
employment may be reimbursed up to $500 annually for those fees or 100% of State Bar
dues for represented employees. (Refer to the appropriate Memorandum of Understanding
and/or the County Administrative Procedures manual for details.)

Longevity Pay
Employees represented by the Central California Association of Public Employees (CCAPE),
the Kern County Prosecutor’s Association, and employees designated as “Confidential” for
bargaining purposes, with 10, 15, 20, 25 and 30 or more years of continuous county service
earn 2%, 4%, 6%, 8%, or 10% of base pay each pay period following their anniversary date.

Suggestion Award Program
This program is designed to encourage employees to bring ideas which will increase revenue
or cost savings (tangible) or improve safety, working conditions, morale or services
(intangible) to the attention of management. Employees can contact departmental payroll
clerks or visit http://www.kerncountyemployees.com/emp-suggest/ to obtain rules, envelopes,
and blank suggestion forms. Suggestions determined to be eligible for award may receive
cash equal to 10% of the first year’s savings/revenue limited to $10, 000, or, for intangible
awards, cash from $100 - $1000.
                                                                                     12/2010

Service Awards
Upon achieving a specified number of years of service, permanent employees are eligible to
receive a recognition award which is symbolic of their achievement and which demonstrates
the County’s appreciation for their service. Awards are provided in conjunction with the
following service anniversaries: 10 year, 20 year, 25, year, 30 year, and 35 year. Upon
reaching these milestones, employees are offered a choice from a selection of awards (e.g.,
jewelry, clocks, art, pens, luggage and crystal).


DIRECT DEPOSIT
Direct deposit of net pay to any banking institution is available to all County employees.
Direct deposit is mandatory for all SEIU represented employees in bargaining units 1-6 and
A, B, E, G & H, as well as all unrepresented employees. Employees may contact their
department payroll clerk to obtain an application.

                                                                                    12/2008




                                             35
KERN FEDERAL CREDIT UNION
In 1949 Kern Federal Credit Union (KFCU) was created to serve the financial needs of Kern
County employees. Credit unions are member-owned not for profit financial cooperatives
that provide a variety of financial services for their members. As a member-owner, you’ll
share in your credit union’s earnings in the form of lower loan rates, higher savings yields,
and reduced fees. You and other members elect a volunteer Board of Directors to oversee
the credit union. Credit unions, like other financial institutions, are closely regulated and they
operate in a very prudent manner. The National Credit Union Administration, a U.S.
Government Agency, insures your shares up to $100,000.

Products and Services offered by KFCU:

   •   Direct Deposit (sign up through your payroll office)
   •   Payroll Deduction (sign up through the Credit Union)
   •   Free Checking, Plus Checking and Fresh Start Checking
   •   Savings, Money Market Account, Share Certificates & Jumbo Certificates
   •   Individual Retirement Accounts (Share Certificates and Savings)
   •   New and Used Car Loans
   •   Recreational Vehicles, Motorcycles, Boat and Watercraft Loans
   •   Signature Loans and Lines of Credit
   •   Real Estate Purchase or Refinance Loans
   •   Home Equity Loans and Lines of Credit
   •   VISA Platinum and Share-Secured Cards
   •   Home Banking and Bill Pay
   •   TellerPhone (24/7 Account access)
   •   24-Hour Loans By Phone (Apply for a loan by phone 24/7)
   •   Credit Union Direct Lending (Automated lending at the Dealership)
   •   Debit Card and ATM Cards
   •   Investment Services
   •   Insurance Services (Auto & Homeowners)
   •   Car-Buying Services



How to Join
Membership is open to all regular County employees and their immediate family members.
You don’t need to join the Credit Union in order for your immediate family members to join.
Once you are a member of the Credit Union, you become a member for life. For more
information on the benefits of joining Kern Federal Credit Union you can log on at
www.kernfcu.org or call (661) 327-9461 or (800) 336-KERN (5376) outside Bakersfield.

                                                                                         12/2008

US SAVINGS BONDS
Savings bonds may be purchased automatically through payroll deduction. The minimum
deduction is $5.77 per bi-weekly payroll period. Call National Bond & Trust at 1(800)
426-9314 for further information.

                                               36
UNITED WAY
Employees may make a contribution to United Way through payroll deduction.   See the
departmental payroll clerks for information.


BUS PASSES
Monthly Bus passes for GET may be purchased at the Treasurer/Tax Collector, Public
Services, and Human Services offices.




                                        37
POLICIES & PROCEDURES


   38
CONDUCT
You are a member of Kern County government, and a personal representative of
approximately 9,400 co-workers who rely upon you to project a professional, respectful and
caring attitude.

It is essential that your conduct be above reproach. You are urged to maintain the behavior
appropriate to your position as a County representative at all times.
                                                                                   12/2008

DRESS CODE
Although there is no official County-wide dress code, some individual departments do
maintain dress codes which must be adhered to. Employees of the County are expected to
wear clothing appropriate to their job and work site. Clothing and appearance should be
neat, clean, in good business taste, and not constitute a work hazard.


PERFORMANCE EVALUATION
Performance evaluations are an important part of the County’s personnel policies. They
provide an objective, consistent, and fair way to gauge your effectiveness as it related to the
work standards for your job. All regular County employees will be evaluated on their
performance annually (approximately).

You are encouraged to view your supervisor’s feedback constructively, as a means of
identifying areas where improvement is needed and as a framework for building your career
potential.

Your supervisor wants you to succeed and is eager to encourage and assist you in realizing
your potential!

Should you not concur with your performance evaluation, you may request to meet with your
Department Head and/or submit a rebuttal regarding the evaluation to the Director of
Personnel for placement in your personnel file. All correspondence must be received within
thirty (30) days of the evaluation. Contact the Personnel Department for more information at
(661) 868-3480.


DISCIPLINARY PROCEDURES
You are expected to conduct yourself in an orderly and disciplined manner and to comply
with the Civil Service Rules at all times. A violation of the Civil Service Rules (refer to
Appendix B) or nonconforming behavior on your part is sufficient justification for disciplinary
action.




                                              39
The County supports the use of progressive discipline in responding to employee infractions.
This procedure normally provides the employee with an opportunity to modify the
unacceptable behavior to avoid future disciplinary action. Progressive discipline usually
imposes increasingly severe measures upon an employee who repeats an offense.
However, exceptions or deviations are sometimes warranted.

The disciplinary actions most commonly taken will include some combination of counseling,
oral warning, written reprimand, reduction in compensation, withholding of an increment,
suspension or dismissal. The disciplinary measure taken depends upon the nature of the
infraction, your performance record, and the policies of your department. Civil Service
Rule1705 outlines the reasons which are sufficient to justify the reduction, suspension or
dismissal of an employee of the Civil Service System. (See Appendix B)

Permanent employees may appeal for a hearing before the Civil Service Commission upon
an action by the appointing authority which results in the denial of a normal pay increment, or
a reduction in rank, suspension, or dismissal.

Appeals must be filed with the Director of Personnel within five (5) business days of receipt of
your department’s notice of action resulting in any of the above. (See Appendix B, Section
1730.00)


GRIEVANCE PROCEDURES
You are encouraged to promptly and informally discuss any complaints you have about the
rules or regulations governing personnel practices or working conditions with your supervisor.
You are likewise encouraged to discuss any disciplinary action taken against you that you
feel is unjust (other than reduction in rank or compensation, suspension, or dismissal, which
are appealable to the Civil Service Commission). When the problem cannot be satisfactorily
resolved in this manner, you may request that the Grievance Procedures adopted by the
County be used to help settle the disagreement.

The County’s Grievance Procedures were established to provide an equitable and orderly
process for employee-supervisor conflict resolution when informal attempts fail. They are
available to you for use but they should be used only after every effort has been made to
solve the issue at the lowest level. The procedures outline the steps that must be taken in
the process and the specific manner in which they must be taken. Grievance forms may be
obtained from your department or by contacting the Personnel Department.(See Appendix C)


SECURITY
As a County Employee, you share a responsibility to take precautions that will keep you and
your work area free from danger. It is essential that you support the following security
measures:

      If your job involves material that is sensitive in nature, all files and computer disks
      should be locked in a secured area each night as you leave. If your job requires you
      to work with the public, you are expected to exercise discretion in any discussion of
      County matters.


                                              40
       Unauthorized persons are not allowed into work areas. Questionable situations or
       suspicious-looking individuals should be called to the attention of your supervisor.

       While at work, care should be taken to secure any personal items or valuables, such
       as purses or money, in desks and cabinets.

       Park your vehicle in a designated area and always lock your vehicle. When traveling
       in your vehicle always pay attention to your surroundings and report suspicious activity
       to the appropriate authority (supervisor, security, etc.). When working late, move your
       vehicle nearer to your work site if possible and/or arrange for someone to accompany
       you when you leave the building.

The County has adopted a zero-tolerance policy against workplace violence.               Please
carefully review that policy which is attached as Appendix D.


LIABILITY
As a County employee, you are expected to function only within the scope of your job and
duties, and to perform your duties with the standard of care and caution that your employer
expects and your job demands. County and department policies and procedures must be
studied, understood, and observed. Failure on your part to carry out your duties properly
may expose the County to liability and lawsuits. In the event you knowingly or willfully violate
County and/or department rules and procedures, you may expose yourself to personal
liability. If you have any question about these issues, take them up with your supervisor as
they arise.


EMERGENCY
You should report any emergency to your supervisor immediately and follow the instructions
given by him/her.

Remember, the emergency number for outside assistance – Fire, Law Enforcement or
Medical – is 911. USERS MUST FIRST OBTAIN AN OUTSIDE LINE! Give the 911 operator
the exact location of the emergency and designate an employee to go outside to direct
emergency personnel to the scene of the incident.

The Safety Officer for your department is in charge during any emergency. The officer will
determine the procedures everyone should follow and decide whether evacuation is
necessary, and if so, when the building may be re-entered.

Should a fire begin in your work area, follow the nearest posted evacuation diagram unless
you are directed to do other wise by your Departmental Safety Officer.

In the event of an earthquake, you should immediately take cover under your desk or a
similar piece of substantial furniture. It may save your life and protect you from being injured.




                                               41
If you receive a bomb threat, keep the caller on the phone, reference Bomb Threat
Guidelines located in front of the Kern County Telephone Directory and write down as much
information as possible. As soon as the caller hangs up, give your supervisor all of the
information. If you are unable to immediately inform your supervisor or the Department Head
of the bomb threat situation, you should dial 911, after obtaining an outside line.

If evacuation of your building becomes necessary, regardless of the reason, you should
employ the following procedures. Take you valuables with you, i.e., briefcase, purse, etc. If
you see anything unusual, report it to your Supervisor or Department Safety Officer. Then,
leave the building and follow the evacuation instructions. Use the stairways, not the
elevators. Report to your department predesignated location so all employees can be
accounted for. Most evacuations are for very brief periods. It is your responsibility to return
to work when the building is declared safe for re-entry. If you do not return to work, it will be
considered an unexcused absence.

More information about emergency procedures may be obtained from the County Office of
Emergency Services, (661) 391-7000 or Kern County Risk Management at (661) 868-3868.


SEPARATION FROM COUNTY EMPLOYMENT
Layoff
In the event of sustained economic downturn which forces a reduction in County provided
services, it may be necessary to temporarily decrease the work force through layoffs. Should
this occur, both the order of layoff and the order of reinstatement will be based upon seniority,
performance reports and similarly pertinent considerations. (CS Rule 1300.00)

Resignation
Regular employees who decide to leave their job with the County and wish to remain in good
standing should file a written resignation with their supervisor at least one week in advance.

Termination
Disciplinary action against you as a civil service employee which results in your dismissal
may become effective by written notice of the appointing authority. You will have an
opportunity to provide feedback to the appointing authority for consideration before final
action is taken.

Reinstatement
If you are a regular County employee who resigns in good standing and wishes to return to
County employment, you may apply in writing to the Personnel Department for reinstatement.
If no more than one year has elapsed since your date of separation, and if the Civil Service
Commission approves your request for reinstatement, you will be placed on a reinstatement
eligible list without examination for a specific period of time.

All employees who separate from County service should contact the Personnel Department
regarding the disposition of vacation leave, sick leave, and other accrued leave.




                                               42
BUSINESS TRAVEL
With certain exceptions, employees are reimbursed for expenses incurred for meals, lodging,
and private vehicle use when traveling on County business. Consult with your supervisor to
determine license, insurance, and authorization requirements, and the provisions in the
County’s Administrative Policy and Procedures Manual related to business travel.


CONFLICT OF INTEREST
To ensure that County officers and employees serve the public to the fullest extent possible,
all County employees are subject to Conflict of Interest laws. This legislation specifically
prohibits the employment, activity, or enterprise of County employees in a manner which is
inconsistent, incompatible or in conflict with their duties as public employees.

The County Conflict of Interest Ordinance details the specific activities which are prohibited.
If you engage in regular or occasional outside employment, you are required to submit written
notification to your Department Head that the work does not constitute a conflict of interest.

Employment which is determined to violate this policy will be ordered to cease, and refusal to
comply will be grounds for dismissal, suspension or reduction in rank or compensation.
(See Appendix E)


ACCEPTABLE INTERNET USE
The Internet can be a valuable tool.

Some Internet sites, however, may not be appropriate in an office setting. Kern County
prohibits access from the county network to sites that contain defamatory, obscene, profane,
sexually explicit, threatening, racially offensive or otherwise illegal content. Internet access is
provided to employees for business purposes only. Employees should be aware that Internet
activity is logged and monitored on an individual basis.

PLEASE REFER TO THE KERN COUNTY ELECTRONIC COMMUNICATIONS USAGE
POLICY ON THE COUNTY INTRANET SITE FOR ADDITIONAL DETAILS.

                                                                                          12/2008




                                                43
DISCRIMINATION AND HARASSMENT
It is the policy of the Kern County Board of Supervisors that all employees are entitled to a
work environment free of discrimination and harassment regardless of race, religious creed,
color, national origin, ancestry, physical/mental disability, medical condition, marital status,
sexual orientation, sex, or age.

Employees who believe that they have been subject to unlawful discrimination or harassment
within the testing for promotion within County employment, or in the general terms or
conditions of County employment should report the incident to the Equal Employment
Opportunity Office at (661) 868-3480.

Additional information on Discrimination and Harassment can be found in the County of
Kern’s Equal Employment Opportunity plan Policies and Procedures, Kern County Civil
Service Commission Rule 1810.00 (See Appendix F), and other Kern County Policies and
guidelines on discrimination and harassment.


SEXUAL HARASSMENT
Any and all forms of sexual harassment are expressly prohibited. Violations of this policy
shall result in disciplinary actions. You should thoroughly review the County’s Sexual
Harassment Policy which is attached hereto as Appendix G. Complaints of sexual
harassment should be reported to and investigated by the Equal Employment Opportunity
Division of the Personnel Department at (661) 868-3480.




                                              44
     SAFETY


45
SAFETY RULES
The goal of the Kern County Safety Program is to eliminate accidents. Each year a large
number of county employees become involved in accidents which need not happen. Many of
the accidents cause injuries and damage to county property. The medical and hospital costs
time lost from work and loss of productivity are economic losses to the county that will never
be recovered. Practically all accidents are the result of unsafe acts of individuals or unsafe
working conditions. The basic objectives of the County Safety Program are to prevent the
unsafe acts and correct the unsafe conditions

The safety rules set forth in this booklet have been adopted for the purpose of preventing
accidents. Each rule is considered directive in nature and is applicable to each employee of
Kern County, whether elected or appointed, or permanent or temporary. Each employee is
responsible for carrying out his duties in a safe manner and shall protect his fellow workers.

Each employee shall be furnished a copy of these regulations and shall become familiar with
them. Ignorance of any of these rules will not be considered a defense or excuse for any
violation thereof. Employees who violate these regulations, or knowingly permit violations,
shall be subject to disciplinary action as may be appropriate under the circumstances.

First line supervisors, foremen, and all other supervisory personnel are required to maintain a
strict observance of all safety rules by those employees in their charge.

Acceptance of county employment by an employee shall constitute acceptance of these
safety regulations.

   A.     General
          The following work rules are established in the interests of accident prevention to
          protect employees form injury, and to safeguard County property. Each rule shall
          be considered directive in nature.

          1. It is the responsibility of each department head to require that these safety rules
             be brought to the attention of all employees. The Department Head is the
             person responsible for the implementation of the County’s Safety Program.
             Managers, superintendents, foremen, and first-line supervisors, permanently or
             temporarily in charge, are required to observe all safety rules and enforce their
             compliance by the employees under their supervision. Each County employee,
             whether permanent, temporary, extra help, or seasonal, is required and
             expected to carry out these work rules. Employees under the age of 18 will not
             be allowed to work in hazardous positions including but not limited to power
             equipment, hazardous materials, and forklifts.
          2. If a difference of opinion arises as to the interpretation or applicability of any
             rule, the decision of the employee’s immediate supervisor shall govern, and
             shall be followed immediately. Subsequent appeal of a supervisor’s decision
             may be made through normal channels to the department head. If the
             department head is unable to resolve the problem, it should be referred to the
             Risk Manager who is the Chairman of the Kern County Safety Committee.
          3. Employees who violate any of these rules, or knowingly permit violation, shall
             be subject to disciplinary action as may be appropriate under the
             circumstances. Employment by the County constitutes acceptance of these
             regulations.

                                              46
     4. Each employee shall be furnished a copy of these safety rules, and shall be
        familiar with the rules applicable to his/her work situation. In addition to these
        rules, County employees are subject to, and governed by, the rules, orders, and
        standards issued by State and Federal authorities with regard to occupational
        safety and health.

B.   Prevention of Accidents.
     Employees shall exercise general care, orderliness, and “good housekeeping”
     when performing their work, and shall employ the correct methods of handling,
     transporting, and storing materials, supplies and tools.
                Work shall be conducted so as to eliminate hazards due to:
                      a.     Slipping, tripping, and falling (ladders included)
                      b.     Handling material and equipment
                      c.     Hand tools
                      d.     Falling and flying objects
                      e.     Protruding objects and materials
                      f.     Moving machinery
                      g.     Live current-carrying parts
                      h.     Escaping gas Excavations
                      i.     Confined spaces
                      j.     Pesticides and toxic substances
                      k.     Hazardous Materials

     1.   A clean place is a safe place. Employees are encouraged to adopt a “pick up
          as you go” method of housekeeping.
     2.   No one will be permitted in County buildings and facilities that has in his/her
          possession firearms, ammunition, or articles of a similar nature, unless he/she
          is a peace officer, or has a valid license to carry a weapon in his/her duties and
          the written authorization of his/her department head.
     3.   It is the duty of each employee, when going on or off duty, to carefully examine
          buildings, apparatus, and equipment in his/her charge to see that everything is
          in good order. Discrepant conditions found shall be immediately reported.
     4.   Each employee is expected to be responsible for his/her own safety, and at the
          same time, to exercise care in avoiding injury to his/her fellow employees and
          members of the public.
     5.   Horseplay and practical jokes are forbidden.
     6.   Employees are required to learn the location of fire and safety exits.
     7.   Employees shall immediately report any emergency to their supervisors. In the
          absence of a supervisor, the emergency will be reported to the next higher
          supervisor by telephone, or other available means.
     8.   A safe shoe shall be worn at all times. Bare feet are not considered safe
          footwear.

C.   Qualifications for Duty.
     1. Employees shall be mentally and physically fit for work assigned.
     2. Should any County employee believe that he/she is unable to safely perform
        work which has been assigned to him, he/she shall report this information to
        his/her immediate supervisor.




                                          47
D.   Suitable Clothing and Equipment.
     1. Employees shall wear suitable clothing at all times to avoid danger from live
         electrical equipment or lines, moving machinery, open flames, explosions, etc.
         The wearing of any type of jewelry, such as watches, rings, bracelets,
         necklaces, or long ties, while working around or operating moving machinery is
         prohibited.
     2. Personal safety equipment will be furnished to employees working under
         hazardous working conditions.
     3. Employees shall use approved safety belts and straps, lifelines, or other
         adequate protection, as required, when working in elevated positions.
     4. It shall be the duty of each employee to inspect each such safety device
         (whether furnished by the County or by himself/herself) each time he/she uses
         it, and he/she shall use only those which are in safe condition.
     5. The County shall furnish approved safety devices, such as goggles, respiratory
         protective equipment, machine guards, fuse tongs, “Caution” signs, gloves,
         body protectors, etc.
     6. Goggles shall be work when doing work involving danger to the eyes, such as
         from flying or dropping particles, spattering hot liquids, and injurious light and
         heat rays. Safety glasses will be worn in all safety glass areas.

E.   Intoxicants and Drugs.
     1. Possession or use of intoxicating liquor or illegal drugs by any employee while
         on duty is prohibited.
     2. Any employee reporting for duty while under the influence of intoxicating liquor
         or drugs will not be allowed to assume the duties of his/her position.

F.   Smoking.
     1. Employees shall observe all “No Smoking” signs, and shall not smoke in
        proximity to flammable material or gases, whether on property occupied by the
        County, or on the premises of others.
     2. Attendants at gasoline filling stations shall not smoke, or permit others to
        smoke, or allow flame of any kind near a motor vehicle whole it is being filled.
     3. Matches, cigars, cigarettes, and pipe ashes shall not be discarded while still
        burning, unless placed in a proper receptacle, or otherwise disposed of safely.

G.   First Aid.
     1. Each department shall provide first aid and cardiopulmonary resuscitation
         training for certain selected employees who can be made available for
         immediate treatment of injured employees when immediate professional
         services are not available. Although there is no published table of ratios of the
         number of employees to each person trained to administer first aid, safety
         orders and other literature on the subject indicate that for every 20
         administrative and clerical employees, one person should be available to
         administer first aid and CPR. For shop and field activities, a 10 to 1 ratio seems
         to be generally accepted and for truck crews, one person on each crew should
         be able to render first aid.
     2. Properly equipped and approved first aid kits shall be maintained in all County
         facilities, on trucks, in attended plants or stations and such other workplace
         locations as may be designated.




                                         48
H.   Housekeeping.
     1. Work areas are to be kept free of debris.
     2. Sufficient containers shall be provided for trash, scrap material, wastes, ashes,
        etc.
     3. Floors shall be kept free of liquid spills, or other substances which create
        slipping hazards.
     4. Aisles and walks are to be clearly defined and kept free of obstructions and
        slipping and tripping hazards.

I.   Report on Defective Apparatus (Tools).
     1. Employees shall immediately report to their nearest supervisor any defective
        machinery, apparatus, or tool, or any other condition which, in their judgment,
        may be dangerous either to persons or property.
     2. Employees shall use proper tools, suitable for the job in progress, and only
        those in good repair. Only authorized equipment may be used in specific
        operations.
     3. Tools and other materials shall not be left in elevated positions, on top of
        ladders, over doorways, or suspended from any overhead position from which
        they may fall.

J.   Safe Supports.
     1. No employee, nor any material or equipment, shall be supported, nor permitted
         to be supported on any portion of a tree, pole, scaffold, ladder, walkway, or
         other elevated structure, crane, or derrick, etc., without it first being determined
         that such support is sufficiently strong and properly secured in place.
     2. Scaffolding shall be of sufficient strength and rigidity to support four times the
         load weight of men and material to which it will be subjected (a safety factor of
         four). (See Construction Safety Orders.)
     3. When work is required to be done on elevated equipment which cannot be
         safely handled from a secure ladder, a substantial platform, stage, or scaffold
         shall be erected; in conformity with Construction Safety Order requirements.

K.   Warning Signs, Guards, Barriers, Etc.
     1. Warning signs, barriers, guards, and “Caution” signs shall be installed on
        roadways wherever temporary or permanent hazards exist due to moving
        machinery, open excavations, hazardous construction operations, removal of
        manhole or handhold covers, and the like.
     2. Such warnings shall be placed in locations conspicuous to the traffic, and in
        conformity with the California Motor Vehicle Code, and not be disturbed or
        removed while the hazard exists, except by order of the person in charge.
     3. When public pedestrian or vehicular traffic is involved, and where barricades
        and warning signs cannot control the moving traffic, a flag person shall be
        stationed to warn such traffic. Someone shall always be at the surface to guard
        open manholes, vaults, etc.
     4. Employees (on foot) exposed to vehicular traffic shall wear red or orange outer
        garments for flagging.




                                          49
L.   Lights.
     1. No artificial light, except an electric flashlight or an approved extension cord and
         fixture, shall be used near escaping gas or gasoline, or other flammable vapors,
         or when entering a room or enclosure suspected of containing gas.
     2. Dark places, basements, or cellars, shall not be entered without proper light; the
         use of matches for illumination is strictly forbidden.

M.   Fire Prevention and Suppression.
     1. Employees shall acquaint themselves with the instructions covering fire
         prevention and suppression procedures, and with the location, care, and
         handling of all fire fighting equipment in and about the building and premises
         occupied by the County where they are regularly employed. All fire apparatus
         must be periodically inspected and maintained in usable condition.
     2. All emergency equipment, such as fire extinguishers, fire alarms, and exit
         doors, must be kept clear of obstacles.
     3. Fire extinguishers of the water type, such as foam, pump, tanks, soda and acid,
         and antifreeze solutions, are conductors of electricity and should not be
         employed in fighting fires in or near electrical installations.         All such
         extinguishers near electrical installations should be labeled with a conspicuous
         sign, warning persons not to use them on electrical fires.
     4. Carbon dioxide or dry chemical extinguisher may be safely employed in
         combating fires in electrical installations. Carbon Tetrachloride extinguisher
         shall not be used.
     5. In all cases of fire, the local Fire Department shall be called.

N.   Welding and Soldering.
     1. Welding and soldering shall not be done on any closed vessel, such as a barrel,
        motor vehicle gasoline tank, or the like, which may have contained a flammable
        or an explosive substance, until the vessel has been thoroughly purged with air
        steam, or water.
     2. The operation and use of acetylene and electric welding machines shall be
        entrusted only to workmen who are thoroughly familiar with the proper methods
        of operating same. When arc-welding, special lenses, hand shields, protective
        clothing, and proper guarding screens shall be provided and used.

O.   Gasoline.
     1. Gasoline shall be stored and handled only in approved containers, and extreme
        care shall be used at all times to prevent ignition.
     2. When pouring or pumping gasoline from one container into another, the metal
        spout or nozzle shall be kept in contact with the receiving container.
     3. The quantity of gasoline kept in the operational vicinity should not exceed a one
        day supply. Safety cans are required for storage and handling of five gallons or
        less.




                                          50
P.   Oxygen, Acetylene, Butane, Propane, etc.
     1. Cylinders should be handled with extreme care and shall be stored in safe
        places, inaccessible to unauthorized persons, and so stored that they will not be
        knocked over.
     2. Oxygen cylinders shall not be stored with calcium carbide, acetylene gas tanks
        or generators, or fuel gases. Open flames shall not be used in buildings where
        oxygen or acetylene is stored.
     3. To avoid explosions, oil or grease should not be allowed to come in contact with
        valves, regulators, or any other portion of oxygen cylinders or apparatus.
     4. Compressed air is not to be used for the cleaning of clothing which is being
        worn.

Q.   Explosives.
     Explosives shall be handled by only duly authorized and experienced employees,
     and then only in accordance with approved and lawful methods.

R.   Burning Brush, Bonfires, Trash.
     1. Burning of any material shall be done only with proper regard to surrounding
        conditions. Brush, old timber, etc., shall be burned in clam weather, and in
        accordance with regulations of public fire authorities.
     2. All trash shall be burned in approved incinerators, and only in accordance with
        Air Pollution Control District regulations.

S.   Clean Premises.
     1. Combustible materials, such as oil soaked and paint covered clothes, rags,
        waste, shavings, rubbish, etc., shall not be allowed to accumulate on benches or
        floors, in yards, etc. Such material shall be disposed of in a proper manner
     2. Floors shall be kept clean and free from oils and greases.

T.   Ladders.
     1. The use of any ladder not furnished by the County is not authorized.
     2. Portable ladders shall not be used with a pitch such that the horizontal distance
        from the wall to the foot of the ladder exceeds one-quarter length of said ladder.
     3. Ladders should not be placed in front of doors that open toward the ladder,
        unless the door is open, locked, or guarded.
     4. The employee shall face the ladder when ascending or descending. The
        employee must not ascend or descend the ladder with hands occupied by
        carrying material in such quantity, or under such conditions as will cause the
        use of the ladder to be unsafe.
     5. When standing on a ladder, the employee shall not lean on one side while
        working, unless the ladder is secured. The ladder should be placed directly in
        front of the work.
     6. Step ladders, when in use, should be fully spread; they should not be used as
        straight ladders.
     7. Ladders with weakened, broken or missing steps, broken side rails, or
        otherwise defective, shall not be used. Defective ladders are to be tagged and
        repaired, or destroyed.
     8. All portable ladders shall be equipped with approved non-slip bases. Care
        should be exercised in placing and blocking, or lashing, or having the ladders
        held by another person, especially upon oily, metal, or concrete surfaces.



                                         51
     9.  Ladders shall not be finished with clear shellac, varnish, or other clear finish
         only. Paint shall not be used, which might obscure a defect.
     10. Benches, boxes, tables, machinery, or other make-shift substitutes shall not be
         used as ladders.

U.   Packing, Unpacking, Storage, Loading, and Unloading of Materials.
     1. Nail points, ends of loop or tie wires, etc., shall not be exposed when packing
        and unpacking boxes, crates, barrels, etc.
     2. Nails shall be removed from loose lumber, or the points turned down.
     3. Materials, equipment, tools, etc., shall be securely piled, so as not to topple.
     4. Aisles shall be kept clear.
     5. Sharp or pointed articles should be so stored as to prevent persons from
        coming in contact with the sharp edges and points.
     6. When unpacking glassware, porcelain, etc., which is packed in straw, care
        should be used to prevent contacting possible broken items.
     7. Loads should not be handled from the street side of a vehicle if it can be
        avoided.
     8. Special regulations and instructions issued by the County department in charge,
        and governing the loading an unloading of materials, shall be strictly observed
        in every case.

V.   Lifting.
     1. The right way to lift is easiest and safest. Take a firm grip; secure a good
          footing; place the feet in a comfortable distance apart; bend the knees; keep the
          back straight; and lift with the leg muscles.
     2. Secure help when needed, Rule of Thumb: Lift no more than ½ your own
          weight. Use cranes or hoist for lifting heavy loads. Do not stand or pass under
          loads which are suspended by ropes, chains, or cables.
     3. Never carry a load that is so large it obstructs the vision.
     4. Use gloves or hand pads when handling rough or heavy materials.

W.   Office and Clerical Work.
     1. Chairs, wastebaskets, cords, and other articles, shall not be left in the aisles, or
        when they constitute a tripping hazard.
     2. Desk drawers, cabinet doors, slides, and files shall not be left standing open
        while unattended.
     3. Pens or pencils, pins, paper clips, etc. shall not be put in the mouth.
     4. Common, or sharp-pointed pins should not be used for fastening papers
        together. Approved staples, clips, or other approved fasteners shall be used.
     5. Broken glass, or other sharp-edged objects, shall not be placed in wastebaskets
        unless properly protected.
     6. Approved ladders, step stools, or other safe supports shall be used to reach
        material on high shelves, or at other evaluations, if necessary for safe handling.

X.   Stairways, Doors, Landings, Halls.
     1. Care should be used when passing through swinging doors. The hands should
         not be placed on the glass of a door when opening it.
     2. Employees should keep to the right when using the hallways, and when going
         around corners, or when opening or entering double doors.
     3. Handrails should be used when ascending or descending stairs.
     4. Matches, cigarette butts, rubber bands, and papers clips should not be thrown
         on floors, landings, or stairs.

                                          52
     5.   Running in hallways, up and down stairways, or around corners is prohibited,
          except in emergency.
     6.   Caution should be exercised when walking in halls where doors open outward.

Y.   Moving Machinery.
     Employees should never use oily tools or wiping cloths on or about parts of
     machinery in motion.

Z.   Starting, Stopping, or Working on Machinery.
     1. When an engine, pump or other machinery is closed down for repairs or
         adjustment, the employee in charge shall place a “do not operate-down for
         maintenance” sign, signed by himself/herself, on the equipment and shall lock
         the equipment out of service. The sign shall not be removed except by the
         person who placed it, or by his/her order.
     2. Control switches must be locked out to prevent accidental starting before
         repairs are completed.

AA. Familiarity and Piping, Valves, Equipment, Etc.
    Maintenance employees shall be fully informed of the layout of all circuits, switches,
    piping, valve, and appliances which are within their jurisdiction, and which they may
    be called upon to operate at any time.

BB. Safeguards.
    The guarding of all mechanical rotating equipment shall be in accordance with the
    California Division of Industrial Safety General Industry Safety Orders.

CC. Grinding Wheels.
    All grinding wheels, except those used for internal grinding, shall be provided with
    hooded guards of sufficient strength to effectively protect workers from flying
    fragments and effectively retain pieces of the wheel if the wheel breaks in operation.

DD. Woodworking Equipment.
    1. All power-driven saws, and other woodworking equipment, shall be guarded in
       accordance with the requirements of the California Division of Industrial Safety
       Orders.
    2. A push stick or push block shall be used when sawing small pieces, and when
       nearing the completion of any cut.
    3. Only authorized and trained personnel are to be permitted to operate
       woodworking machinery.
    4. The hands and body shall be kept at the side and rear of the piece being
       sawed, and out of line of the saw. When sawing long material, the ends thereof
       should be properly supported.
    5. Circular saws shall not be operated with hood, spreader, or kickback device
       removed or rendered inoperative, unless the nature of the operation renders it
       impossible of performance with such device in position. If removed, the device
       shall be immediately replaced upon completion of such operation.
    6. Machines must be completely stopped before attempting to clear jammed work,
       or removed debris.
    7. In addition to saws, woodworking equipment also includes shapers, lathes,
       sanders, and planers.



                                          53
EE.   Boilers.
      Boilers shall not be put into, nor taken out of service, nor operated, except in
      accordance with California Division of Industrial Safety Boiler and Fired Pressure
      Vessel Safety Orders.

FF.   Use of County Automotive Equipment.
      See Chapter 11 of the Administrative Procedure Manual, titled “Use of County
      Vehicles.”

GG. Seat Belts.
    1. Each County-owned or leased motor vehicle shall be equipped with seat belts
       for each driver and passenger position.
    2. Each County employee driving or riding in any County-owned motor vehicle
       shall wear the seat belt in the fastened position while the vehicle is in motion on
       any roadway within or outside the County of Kern.
    3. It shall be the responsibility of each driver to assure that his/her passengers
       have their seat belts properly fastened prior to placing his/her vehicle in motion.
    4. Occupants of emergency (Sheriff) and special use (road graders, rollers,
       loaders, etc.) vehicles shall wear seat belts.

HH. Accident Reporting.
    Prompt and timely reporting of all accidents is essential for the legal protection of
    the County and its employees.

II.   Reporting Vehicular Accidents.
      Any County employee involved in a moving vehicular accident while performing
      duties of his/her position will adhere to the following:

           Procedure at Scene of Accident.
      1.   DO NOT admit any responsibility for the accident to anyone. Immediately notify
           County Sheriff’s Office, City Police, or California Highway Patrol, whichever is
           appropriate, to secure an official investigation at the scene.
      2.   In accidents resulting in major property damage, serious personal injury or
           death, immediately notify the Kern County Loss Prevention Specialist,
           telephone number (661) 868-3868 and pager number (661) 307-3896.
      3.   Accidents involving only minor property damage will not require the immediate
           notifications as specified above, but must be reported according to Section
           907.2 (of the K.C. Admin. Proc. Manual).
      4.   Record all pertinent information concerning the accident on the form provided in
           each county vehicle for that purpose (“Short Form Vehicle Accident Report”
           [Exhibit “A”]). This short-form Accident Report should be in the possession of
           all personnel operating County vehicles. It is the responsibility of the Garage
           Superintendent to have copies of said form placed in the glove compartments of
           Garage vehicles.        For departments maintaining their own vehicles, this
           responsibility rests with the department head.
      5.   Provide the other party(s) involved with the following information:
              a. Your name and address
              b. Your driver’s license number
              c. The name and address of your employer
      6.   If a County vehicle is involved, and it is disabled, contact either the County
           Garage (868-6910) or the department which maintains the vehicle, and obtain
           instructions relative to towing procedures.

                                          54
     Procedure After Accident.
1.   IT IS MANDATORY that ALL accidents involving County-owned or leased
     vehicles be reported to the Risk Management Division of County Counsel within
     24 hours of said accident, weekends and legal holidays, excepted.
2.   Prepare the form titled “Motor Vehicle Accident Report” [Exhibit “B”], for all
     vehicle accidents. Submit original and two copies to the Risk Management
     Division, and retain one file copy.
3.   The “Motor Vehicle Accident Report” is to be reviewed by the department head.
     Appropriate comments, signature, and date should be inserted on the form by
     the department head or his/her authorized representative.
4.   All injuries other than those requiring first aid treatment only should be reported
     on the “Supervisor’s Report of Industrial Injury” [Exhibit “C”]. The original and
     one copy of this form is to be submitted to the Risk Management Division within
     48 hours after the injury, weekends and holidays excepted. The file copy is
     retained by the department.

Classification of Accidents.
Avoidable accidents caused by employee carelessness or negligence may result in
revocation of employee’s authority to drive a County vehicle. The Loss Prevention
Specialist will classify all accidents, and will inform the department head of his/her
determination.

1.   Avoidable. The decision as to the preventability of the accident will be based
     solely on whether or not the driver exercised prudent and reasonable judgment
     to prevent or avoid the accident. Said judgment must have been exercised
     regardless of any legal rights to which the driver may have been entitled under
     the Vehicle Code, or other applicable laws. Accidents caused by mechanical
     failures will not be classified as avoidable, unless the defect was known to the
     driver before the vehicle was put in operation.

     The following is a partial list of accident causes which will be considered
     avoidable under normal conditions:
       a. Backing
       b. Excessive speed
       c. Improper turning
       d. Following too closely
       e. Inattention
       f. Improper operation of controls
       g. Failure to yield right-of-way
       h. Improper overtaking and passing
       i. Incorrect judgment of clearance
       j. Exceeding basic speed law
       k. Driving under the influence of alcohol or drugs
2.   Unavoidable. The decision as to the non-preventability of the accident will be
     based on whether or not the driver exercised good judgment and used every
     reasonable means available to avoid the accident. No violation of law, safe
     driving practices, or improper use of the vehicle must have been involved.

3.   Unknown. Where responsibility for the accident cannot be determined. This
     classification will seldom be used.




                                       55
JJ.   Industrial Injury Reporting.
      “Industrial injury” shall mean personal bodily harm to a County employee, no matter
      how trivial, who is on duty at the time of injury. The following procedures will be
      applicable whenever any County employee is injured while performing the duties of
      their position:

      Fatal injury.
      1. When an injury or accident results in the death of an employee, the department
         head, or his/her authorized representative, shall immediately notify the following:
             a. The County Sheriff-Coroner, 861-2606.
             b. The County Administrative Officer, or in his/her absence, the Assistant
                 County Administrative Officer, 868-3198.
             c. The Risk Management Division of County Counsel, 868-3801, giving the
                 full name of the deceased, and other such information as required (name
                 of surviving spouse, number and ages of children, if any, etc.)
      2. The department head; or his/her designated representative, shall personally
         notify the next-of-kin of the deceased employee as soon as is practicable after
         the death is confirmed, and positive identification has been made. However,
         under unusual circumstances when the Sheriff-Coroner’s Office has jurisdiction
         over the body, the coroner will be responsible for notifying the next-of-kin. Under
         no circumstances shall any statement, announcement, or information concerning
         the employee’s death be given to the news media or the general public before
         the next-of-kin has been notified.
      3. Upon notification of the death or serious injury of a County employee, the County
         Loss Prevention Specialist shall immediately report to the California Division of
         Industrial Safety.

         EXCEPTION: Injuries or death from motor vehicle accidents on public streets or
         highways need not be reported to the Division of Industrial Safety, since they are
         reported by law enforcement agencies. However, vehicle accidental deaths
         occurring on private property must be reported to the Division of Industrial
         Safety.

      Serious Injury.
      1. Serious injuries shall immediately be reported to the Risk Management Division
          by telephone 868-3801. A serious injury is defined as an injury which requires
          services of a physician, or immediate hospitalization, loss of consciousness, or
          in which an employee suffers loss of any member of the body or any serious
          degree of permanent disfigurement.
      2. The department head, or his/her designated representative shall personally
          notify the next-of-kin of a seriously injured employee who has been hospitalized
          and is unable to notify his/her own kin.
      3. It is mandatory that all injuries, including fatalities, requiring hospital emergency
          room treatment, or the services of a physician, be reported on the “Employer’s
          Report of Occupational Injury or Illness” [Exhibit “E”] form within 24 hours of the
          time of injury or earlier if possible. Submit original and one copy to the Risk
          Management Division, and retain one copy for the file. It is preferred that all
          reports be typed.
      4. When an industrial injury, other than a “first aid injury”, is reported, the injured
          employee should also be given an “Employee’s Claim for Workers’
          Compensation Benefits” form within 24 hours of the reported injury. The
          distribution for this form is outlined in the lower left hand corner of the form.

                                           56
           First Aid.
           1. A first aid injury shall mean an industrial injury does not require the services of a
              physician and/or a hospital emergency room.
           2. All injuries other than those requiring first aid treatment only should be reported
              on the “Supervisor’s Report of Industrial Injury” [Exhibit “C”]. The original and
              one copy of this form is to be submitted to the Risk Management Division within
              48 hours after the injury, weekends and holidays excepted. The department
              retains the file copy.
           3. When an industrial injury, other than a “first aid injury”, is reported, the injured
              employee should also be given an “Employees Claim for Workers’
              Compensation Benefits,” for within 24 hours of the reported injury. The
              distribution for this form is outlined on the lower left hand corner of the form.

           Department Reporting Requirements, IN SUMMARY, industrial injury reporting
           requirements are as follows:
           1. First aid which does not require the services of a physician and/or hospital
              emergency room, submit to the Risk Management Division: “Supervisor’s Report
              of Industrial Injury” [Exhibit “C”]
           2. Injuries requiring hospital emergency room and/or physician services or resulting
              in death, submit to the Risk Management Division:
                  a. “Supervisor’s Report of Industrial Injury” [Exhibit “C”]
                  b. “Employer’s Report of Occupational Injury or Illness” [Exhibit “D”]
                  c. “Employee’s Claim for Workers’ Compensation Benefits” [Exhibit “E”]

      KK. Reporting Injury Incurred by Members of the General Public.
          1. Injuries to members of the general public occurring in County buildings, on
             County grounds, or by County equipment (except motor vehicles) must be
             reported to the Risk Management Division immediately after the injured person
             has departed the area.
          2. County employees are not, except in extreme emergency, to call a doctor or
             ambulance, unless requested to do so by the injured person.
          3. County employees involved are not to admit responsibility for the accident to
             the injured person, or to anyone else.
          4. The department head will investigate the accident, or circumstances
             surrounding the injury, and send a written report to the Risk Management
             Division containing at least the following information: (1) Name, age and sex of
             injured: (2) Home address and telephone number of injured: (3) Type of injury,
             and explanation of where and how the accident or incident occurred; (4)
             Disposition of injured; and (5) Names and addresses of witnesses.

LL.        Pesticide Safety Regulations.
           All County employees who mix, load, apply, store, or otherwise handle pesticides,
           shall be provided with adequate instruction and training in the use and handling of
           all pesticides with which they work. The County Agricultural Commissioner has
           been designated as the County authority on all matters involving pesticides, and will
           provide assistance to departments in developing training materials and programs for
           employees handling pesticides.
           1. Each department shall require that employees handling pesticides understand
                safety procedures, and are aware of the safety clothing, and protective
                equipment to be worn, common symptoms of pesticide poisoning, and the
                dangers of eating, drinking, or smoking while handling pesticides.

                                                57
     2.   Each department shall keep a permanent record of all training received by each
          employee. It shall contain the date of training, nature and extent of training
          given, name of the instructors, and the job for which employee is being trained.
          The employee will be required to sign the training record to verify the training
          received.
     3.   Each department whose employees are involved in the use of or exposure to
          pesticides shall make arrangements for emergency medical care, and shall post
          conspicuously the name, address, and telephone number of the physician or
          clinic providing care.
     4.   All department pesticide equipment, protective clothing, training records, safety
          procedures, and storage or mixing facilities shall be subject to inspection by
          representatives of the California Department of Food and Agriculture, the
          County Health Department, and the County Agricultural Commissioner’s Office.

MM. Hazardous Substances.
    1. On February 21, 1983, CAL/OSHA implemented the Hazardous Substances
       Information and Training Act to insure that information and training are given to
       employees about the properties and potential effects of hazardous substance
       they may be exposed to under normal work conditions or in a reasonably
       foreseeable emergency resulting from workplace operations. The California
       Director of Industrial Relations has prepared a list of hazardous substances
       which contains the chemical names and common names of all substances,
       exposure to which could be injurious to employees.

          Each County department shall maintain a copy of the list of hazardous
          substances utilized or stored in their department. Material Safety Data Sheets
          will be obtained for all hazardous substances, and all employees will be trained
          in the basic knowledge of how to read and understand a safety data sheet.

     2.   Departments are to get their information about the hazardous substances that
          they use from Material Safety Data Sheets (MSDS) provided by the
          manufacturers or distributors of the hazardous substances. The information
          contained on these Material Safety Data Sheets consists of the following:
             a. Health hazards associated with the use of the substance.
             b. Proper precautions for handling the substance.
             c. Necessary personal protective equipment.
             d. Other safety precautions necessary to prevent or minimize exposure to
                the hazardous substance.
             e. Emergency procedures for spills, fire, disposal, and first aid.

     3.   Departments may obtain Material Safety Data sheets on hazardous substances
          by requesting the same on requisitions for the substances. The Purchasing
          Division of General Services Department shall place the same request on its
          purchase order for that item. Purchasing will then forward copies of the MSDS
          to the departments upon receiving them from the manufacturers and/or
          distributors.




                                          58
     4.   Under the provisions of the Hazardous Substances Information and Training
          Act, each department head is required to inform all of his/her or her employees
          of their following rights:
             a. To personally receive information regarding hazardous substances to
                 which they may be exposed.
             b. For their physician or union representative to receive information
                 regarding hazardous substances to which the employee may be exposed.
             c. Against discharge or other discrimination due to the employee’s exercise
                 of rights afforded under the act.

NN. Hazardous Substance Report.
    Under General Industry Safety Order 3204, CAL/OSHA requires each California
    employer to provide employees and their designated representatives and authorized
    representatives of the Chief of the Division of Occupational Safety and Health
    (DOSH) a right of access to records of hazardous exposure of employees. In order
    to properly record all employee exposures to hazardous substances, a “Hazardous
    Substance Exposure Report” [Adm. 580 1020 84-1 (R. 1-84)], shall be filled out for
    each employee exposed to a hazardous substance.
    1. A hazardous substance is any chemical, biological agent, (bacteria, virus,
        fungus, etc.) or ionizing and non-ionizing radiation.
    2. Expose or exposure means any situation arising from work operation where an
        employee may ingest, inhale absorb through the skin or eyes, or otherwise
        come into contact with a hazardous substance.
    3. The Hazardous Substance Report is to be prepared in triplicate. The original
        (white copy) is to be retained in department files for 30 years (per 8 CAC 3024),
        the yellow copy is for the department safety officer, and the pink copy is to be
        furnished to the exposed employee.
    4. Hazardous Substance Exposure Report forms may be obtained from the Risk
        Management Division of County Counsel.

OO. Reporting Serious Unusual Incidents.
    Any unexpected incident or accident that immediately involves, or could involve, the
    health, safety, or welfare of County employees and members of the general public,
    or causes immediate extensive damage, or could cause potentially serious or
    extensive damage, to County-owned or leased buildings and facilities, shall be
    reported to the Loss Prevention Specialist as expediently as possible. The reporting
    individual should be the department head, or his/her designee. The report should
    be made by telephone or in person whichever would be most expedient.

     1.   The report should be made in the following format:
            a. Name, title and department of caller.
            b. Description of incident or accident.
            c. Time, date, and exact location of occurrence.
            d. Injuries and/or illnesses to County employees and/or members of the public.
            e. Property damage.
            f. Actions taken by the department, i.e., notification of law enforcement agency,
                fire department, administration of first aid, request for ambulance, evacuation
                of building, instructions to employees, etc.
            g. Opinion or estimate of potential safety and health hazards individuals, and
                potential damage to facilities.
            h. Other appropriate comments.
            i. Recommendations

                                           59
2.   The Loss Prevention Specialist shall:
       a. Inform Risk Management of the incident/accident.
       b. Coordinate all the activities of the various County departments, offices
          and/or key personnel who are to become involved in the investigation,
          corrective action and reporting of the accident/incident.
       c. Perform follow-up necessary to assure completion of all corrective action
          tasks.
       d. Coordinate preparation of the final report with affected agencies.
       e. Furnish report to County Counsel, County Administrative Office, and
          Board of Supervisors.

3.   Each department head shall:
       a. Establish an internal reporting procedure to report serious or unusual
          incidents as described above.
       b. Designate a key employee/employees to report the incident during the
          absence of the department head.
       c. Provide operational resources and staff assistance as may be required in
          connection with the emergency handling, investigation, corrective actions,
          and necessary follow-up activities for each unusual incident.
       d. Establish and maintain a complete file of calls, messages,
          correspondence, assignments, investigations, corrective actions, and
          reports in connection with each unusual incident.
       e. Coordinate all activities pursuant to any incident, as described above, with
          Risk Management.
       f. Prepare a written departmental operational procedure to accomplish the
          requirements of the above paragraphs.
       g. Implement procedural changes and/or actions necessary to preclude
          recurrence of the incident.
       h. Assist in the preparation of the final report.




                                     60
Workplace Violence Policy
      1.   Violence and threats of violence in County workplaces are unacceptable and
           will not be tolerated. Kern County is committed to providing a safe work
           environment for County employees and elected officials, that is free from both
           violence and the fear of violence.

           This policy includes threats and violent behavior, direct, indirect, perceived or
           actual, from any person, and directed toward any person, occurring at any
           County facility or in connection with the conduct of County business without
           regard to location.

           In addition, this policy includes any threat or violence as described above by a
           County employee or elected official directed at another County employee or
           elected official.

             a. Any employee or non-employee who threatens or commits violence in a
                County workplace shall be subject to criminal prosecution. Additionally,
                any employee who threatens or commits such violence in a County
                workplace shall be subject to appropriate disciplinary action. Such threats
                or acts of violence include, but are not limited to:
                    • Possessing a weapon in violation of Penal Code Section 171b.
                    • Committing an assault or battery, including a sexual assault or
                        battery.
                    • Threatening to sue or using a weapon in an illegal manner.
                    • Engaging in horseplay, hazing or any behavior that unreasonably
                        risks the safety of another.
                    • Stalking another person.
                    • Accosting or harassing another person, either face-to-face, or by
                        telephone, fax, mail, computer, or other form of communication.
                    • Lawfully possessing a weapon in a County workplace unless
                        expressly approved by the employee’s department head.

      2.   Department Head Responsibilities.
             a. Ensure that the County’s zero tolerance policy is fully implemented within
                their respective department.
             b. Provide mandatory training for departmental managers and supervisors
                regarding workplace violence and direct such managers and supervisor to
                provide appropriate training to department employees.
             c. Complete the Workplace Violence or Threat Mitigation Report (See
                Appendix D) for each incident. Fax or deliver this form within five working
                days of the incident to the Risk Management Division of County Counsel.
             d. Fax or deliver the Workplace Violence or Threat Incident Report (See
                Appendix D) within one hour of the incident to the Risk Management
                Division of County Counsel, if feasible, or as soon as practical after
                completed by the employee.




                                           61
       e. Assure that all reports of threats and violent behavior, direct, indirect,
          actual or implied, are fully and formally investigated and that appropriate
          disciplinary, legal or other actions, as appropriate, are taken. If the
          incident involves a physical assault, law enforcement must be called.
       f. Conduct, or obtain assistance in conducting, work site reviews for the
          purpose of providing employee security and protection from the potential
          of reasonably foreseeable violent action.
       g. Develop procedures that provide for the immediate reporting of threats or
          acts of violent behavior.
       h. Assure that any reports, forms or training materials are appropriately
          distributed within their department.

3.   Risk Management Division of County Counsel Responsibilities
       a. Respond to all workplace violence incidents.
       b. Communicate with the Sheriff’s Department or other law enforcement
          agencies, as appropriate, when an incident occurs.
       c. Provide training and assistance to department personnel on workplace
          violence incident prevention and response.

4.   Employee Responsibilities
       a. Refrain from engaging in any acts or threats of workplace violence.
       b. Immediately report any incidents or threats of workplace violence to their
          supervisor or other designated individual, complete and return the
          Workplace Violence or Threat Incident Report (See Appendix D) within
          one hour of the incident if feasible, or as soon as practical.
       c. Make every reasonable effort to remove themselves from any situation in
          which workplace violence may occur.
       d. Provide any necessary input to their supervisor regarding potential
          hazards at their work site.




                                    62
     Exhibit A




63
     Exhibit B




64
     Exhibit B (continued)




65
     Exhibit C




66
     Exhibit D




67
     Exhibit E




68
                                                                                       Exhibit F



                 HOW TO FILE A CLAIM AGAINST THE COUNTY


Government Code 910 provides the guidelines for the proper filing of a claim against a
governmental entity.

Any person wishing to file a claim against the county should be given or mailed the
instructional sheet entitled Requirements of Section 910 of the Government Code and the
Claim Against the County of Kern form.

You must tell the person wishing to file a claim that:

       1.     They should complete the form, sign and date it.

       2.     Mail or bring the Claim Form to the Clerk of the Board’s office at 1115 Truxtun
              Avenue, Fifth Floor, Bakersfield, CA 93301.

If the person has any questions, refer him/her to the General Liability Claims Adjuster.

If a request for a Claim Form is made by telephone, the person receiving the call will take
responsibility for sending the form out the same day.

                                                                                       12/2008




#13068


                                               69
                        CLAIM AGAINST THE COUNTY OF KERN
                                  (Government Code '' 910, 910.2 & 910.4)



This claim must be filed with the Clerk of the Board of Supervisors, 1115 Truxtun
Ave., 5th Floor, Bakersfield, California 93301. If it is a claim for death, injury to
person, injury to personal property or injury to growing crops, it must be filed within six
months after the accident or event giving rise to the claim. If it is a claim for any
other cause of action, it must be filed within one year after the event(s) giving rise to the
claim. You must complete both sides and sign the claim form for the claim to be valid.
Complete information must be provided. If the space provided is inadequate, please
use additional paper and identify information by paragraph number.

1.   State the name and mailing address of claimant:
_____________________________________________________________________
_____________________________________________________________________

2.   State the mailing address to which claimant desires notices from the County to
     be sent:
_____________________________________________________________________
_____________________________________________________________________

3.   State the date, place and other circumstances of the accident or event(s) giving
     rise to the claim.
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________

4.   Provide a general description of the injury, damage or loss incurred so far as it
     may be known:
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________




                                                70
5.    Provide the name or names of the public employee or employees causing the
     injury, damage or loss, if known:
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________

6.        Regarding the amount claimed (including estimated amount of any prospective
          injury, damage or loss known as of the time the claim is filed):

          If less than ten thousand dollars ($10,000), state the amount: $_____________.

          If more than ten thousand dollars, would the claim be a limited civil case (less
          than $25,000)? (Circle one)

                                 Yes                       No

7.   Please state any additional information which may be helpful in considering this
     claim:
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________

Claimant must date and sign below.

8.        Signed this ___________ day of ________, 20____.

          _____________________________________
               CLAIMANT=S SIGNATURE

                            WARNING! IT IS A CRIMINAL OFFENSE
                           TO FILE A FALSE CLAIM (Penal Code '72)
(3/03)
Doc #89650
S:\SHARED\Claim Form.doc




                                                  71
                                                                                    Exhibit G


                            (Instructions for Filing a Claim)

                 Requirements of Section 910 of the Government Code

Government Code 910 provides certain requirements that must be met before a document
filed against a governmental entity can be considered a properly filed claim. Failure to
comply with the filing requirements will make the filing deficient and the filing will not be
accepted as a properly filed claim. Any filing against the County of Kern must include all of
the information as set forth in Government Code 910, a portion of which follows:

      Government Code section 910. Person presenting claim; Contents of claim

A claim shall be presented by the claimant or by a person acting on his or her behalf and
shall show all of the following:

      a)     The name and post office address of the claimant.
      b)     The post office address to which the person presenting the claim desires
             notices to be sent.
      c)     The date, place and other circumstances of the occurrence or transaction
             which gave rise to the claim asserted.
      d)     A general description of the indebtedness, obligation, injury, damage or
             loss incurred so far as it may be known at the time of presentation of the
             claim.
      e)     The name or names of the public employee or employees causing the
             injury, damage, or loss, if known.
      f)     The amount claimed if it totals less than ten thousand dollars ($10,000),
             as of the date of presentation of the claim, including the estimated amount
             of any prospective injury, damage, or loss, insofar as it may be known at
             the time of the presentation of the claim together with the basis of
             computation of the amount claimed. If the amount claimed exceeds ten
             thousand dollars ($10,000), no dollar amount shall be included in the
             claim. However, it shall indicate whether jurisdiction over the claim would
             rest in municipal or superior court.

The claim must be signed by the claimant and/or his designated person to sign. (Gov. Code §
910.2).

The claim must be filed with the Clerk of the Board, 1115 Truxtun Avenue, 5th Floor,
Bakersfield, California 93301. The claim must be filed within six (6) months after the date
of the accrual of the cause of action (Gov. Code § 911.2). This form is provided for purposes
of information and Kern County reserves all rights in each.




                                             72
                                                                                   Exhibit H
Kern County Administrative Procedures Manual

109. Employee Claims for Losses and Damages. Subject to the criteria, conditions and
restrictions stated in this section, it is the general policy of the Board of Supervisors to
compensate employees for the loss of or damage to personal property when the loss or
damage occurs in the line of duty and the employee has taken all reasonable
precautions to prevent or avoid the loss or damage.

.1    Definitions. For the purpose of this section, the following words and phrases are
defined:

“County Employee” shall mean any full- or part-time permanent employee of the
County, including appointed and elected officers and department heads. For purposes
of this chapter, reserve deputy sheriffs shall be entitled to the same benefits as regularly
employed deputy sheriffs, and shall be subject to the same rules and regulations as
regularly employed deputy sheriffs.

“Personal Property” shall mean any personal property or prostheses, such as
eyeglasses, hearing aids, dentures, watches, or articles of clothing necessarily worn or
carried in the line of duty. Personal property does not include cash.

“Reasonable Precautions” shall mean that the employee has exercised due diligence in
preventing the loss of or damage to personal property. Actions that demonstrate
reasonable precaution include, but are not limited to, locking of doors and window
where personal property is kept (including vehicles), and using a hotel safe for the
storage of valuables when traveling on County business.

.2    Personal Property Loss or Damage. If a County employee incurs a loss or
damage to his/her personal property or prostheses, the Risk Manager may authorize
payment from County funds for the depreciated cost of replacing or repairing such
personal properties, subject to al of the following criteria, conditions and restrictions:

       a)     The employee must demonstrate that the item lost or damaged was worn,
              carried, transported, or possessed as a direct and necessary function of
              his/her work duties.

       b)     The employee must demonstrate that the loss or damage was not
              occasioned by the fault or negligent act or omission of the employee.


       c)     The employee must demonstrate that he/she had taken all reasonable
              precautions to avoid such loss or damage.

       d)     Under no circumstances will the County reimburse for lost or stolen
              money.


       e)     The loss or damage did not occur while the employee was engaged in an
              act or activity in violation of County Policy, departmental policy, or any law.



                                               73
Kern County Administrative Procedures Manual


109. Employee Claims for Losses and Damages. (Continued)

.3    Restrictions on Payment of Claims. Claims for loss or damage of personal
property are subject to the following restrictions:

      a)     Each employee is responsible for his/her won personal property. Claims
             for the loss of personal property left in the care of or carried on the person
             of another individual will not be paid unless the transfer of the personal
             property was done to comply with a County or departmental policy or for
             the purpose of securing the property, such as placing the item in a safe.

      b)     Claims may only be paid to the extent that such personal property is not
             covered by insurance and shall not exceed $500.00 per incident.

      c)     The employee must submit a claim as provided below.

.4     Claims Procedure, Conditions, and Requirements. Ay employee seeking
payment pursuant to this section shall, within five (5) working days after the loss or
damage occurred, submit to the head of his/her department a verified claim on form
ADM #45, Report of Loss or Damage to Personal Property. Claim forms are available
from the Risk Management Division of County Counsel’s Office. By filing a claim, the
employee agrees to subrogate to the County any reimbursement from others for the
damage or lost property to the extent of the reimbursement paid to the employee by the
County. Each claim shall contain a written statement by the employee stating the
following:

      a)     A full description of the property lost or damaged, including the original
             date of purchase, the condition and/or operability of the item when lost or
             stolen and the age of the item.

      b)     The extent of the loss or damage, and to what extent, if any, the loss or
             damage is covered by private insurance.

      c)     The employee’s estimate as the cost to repair or replace the item lost or
             stolen. The employee may be required to obtain an estimate from a
             qualified person of the cost of repair and/or replacement of the property.

      d)     The facts and circumstances under which the personal property was lost
             or damaged.

      e)     A description as to how and why the claim meets the established criteria,
             conditions and restrictions as provided in paragraphs .2 and .3 above.

      f)     The damaged personal property must be submitted with the claim. If the
             damaged personal property is not submitted with the claim, the employee
             must include with the claim a written statement explaining the reason.




                                              74
Kern County Administrative Procedures Manual


109. Employee Claims for Losses and Damages. (Continued)

Department Head Recommendation. The employee’s department head shall review the
submitted claim and make a determination as to whether the claim meets the required
criteria and conditions. If the claim does not meet the criteria and conditions, the
department head must indicate his/her disapproval of the claim. The department head
shall forward the claim, along with his/her recommendation for approval or disapproval,
along with any submitted damaged property, without delay to the Risk Management
Division of County Counsel. Any recommendation for disapproval of all or part of a
claim must be accompanied by the department head’s written statement setting forth
the reasons for such recommendation.

County Risk Manager’s Claim Review and Determination. The Risk Manager shall
review the claim along with the department head’s recommendation and make an
independent determination as to whether the claim meets the established criteria and
conditions and shall determine the amount to be paid to the employee.

If the Risk Manager approves the claim, and no appeal has been filed as to the amount
approved, the Risk Manager shall file with the Auditor-Controller-County Clerk a copy of
the decision and a claim for payment, and the Auditor-Controller-County Clerk shall then
process payment to the employee.

Appeal of Risk Manager’s Determinations. In the event the employee is dissatisfied with
the Risk Manager’s recommended approval or disapproval of the claim or with the
amount to be paid, the employee shall have the right to appeal to the Claims Review
Board within fifteen (15) days of the date of the notice of the Risk Manager’s decision.
Such an appeal shall be in letter form and shall be filed with the County Administrative
Officer. Appeals received after the expiration of fifteen (15) day appeal period will be
denied.

.5    Claims Review Board. The Claims Review Board is responsible for processing
an employee’s appeal of claim findings made by the Risk Manger and for making an
independent evaluation of the merits of the claim.

Membership. The Claims Review Board shall consist of five members: the Director of
Personnel, the County Administrative Officer, and the Assistant County Administrative
Officer for general Services, or their respective authorized representative(s); one
representative from the Central California Public Employees Association; and one
representative from the Kern Law Enforcement Association.

Board Member Conflict. In the event an employee’s claim is appealed from one or the
above-named departments, the Director of the Resource Management Agency or
his/her authorized representative shall serve as an alternative member of the Board,
taking the place of the member of the department involved in the appeal.




                                             75
Kern County Administrative Procedures Manual


109. Employee Claims for Losses and Damages. (Continued)

Board Procedure. The chairman of the Claims Review Board shall be the County
Administrative Officer or his/her authorized representative. In the event that the County
Administrative Officer or his/her authorized representative is not present at the Board’s
meeting, the Personnel Director or his/her authorized representative shall act as
chairman. Three members of the Board shall constitute a quorum. The decision of the
Board shall be reached by majority vote of those members of the Board who are
present when the claim is heard. The Board shall meet within ten (10) working days
from the date of receipt of the employee’s appeal, subject to the ability to obtain a
quorum.

Employee Notification. The chairman of the Claims Review Board shall ensure that the
employee making the appeal is notified of the date, time, and place the hearing is to be
held on late than five (5) days prior to the hearing. The employee may personally
appear at the hearing and may present an argument to the Board regarding his/her
claim.

Findings. In deciding upon a claim appeal, the Board shall make an independent
evaluation of the claim and determine if the claim meets the established criteria and
conditions. The Board shall also consider the recommendation of the department head
and the Risk Manager’s findings. The Risk Manager shall present such findings to the
Board and be present at the consideration of the claim to answer Board member
questions. If the Board’s finding is for the payment of all or a portion of the employee’s
claim for damaged or lost property, there shall also be included a recommendation as to
whether the items should be repaired or replaced.

Decision Final. The decision of the Claims Review Board shall be final and shall
supersede the decision of the Risk Manager.

.6     Falsifications of Facts. Any employee submitting a false claim for the loss or
damage to personal property, including a false statement of the item’s value or
condition, or false statements as to the facts and circumstances surrounding the loss or
damage is subject to disciplinary action in accordance with the Civil Service Rules.




                                              76
     Exhibit I




77
     APPENDICES


78
The following pages are excerpts from the
     Civil Service Commission Rules
      Kern County Ordinance Code
 Kern County Board of Supervisor Policy
            and are provided as
     Supplemental Information to the
           Employee Handbook




              July 2003




                   79
                                                                                      APPENDIX A
RULE 1200                                LEAVES OF ABSENCE WITHOUT PAY
1201.00    MANDATORY LEAVES OF ABSENCES

1201.10    Notice of Leave. Any County employee requesting a leave of absence without pay
           under Sections 1201.20, 1201.30, or voluntary leave under Section 1201.40 shall,
           when possible, give notice of that request to the appointing authority, in writing, not
           less than 30 days prior to the date the leave is to commence. Such notice shall be
           forthwith forwarded to the Director by the appointing authority. The notice shall be
           submitted on a form prescribed by the Commission and shall specify the leave to
           taken, the reason or reasons therefore, and, to the extent possible, the beginning and
           ending dates of the leave. (Rev. 8/92)

1201.20    Non-Job-Related Illness or Disability and Pregnancy Disability. A County employee
           shall be granted a leave without pay for an incapacitating non-job related illness or
           disability of the employee, including a disability resulting from pregnancy, childbirth, or
           related condition. The leave entitlement shall be subject to the following conditions: (1)
           the necessity for the leave shall be certified by a medical doctor, who shall also state
           the employee will be medically able to return to work at the expiration of the leave
           period; and, (2) the leave period(s) authorized by Rule 1201.20 shall not cumulatively
           exceed six (6) months during any twelve (12) month period except as required by law.
           (Rev. 01/97)

           Use of this leave is subject to the employee using all sick leaves accrued prior to the
           effective date of the leave of absence. Employees shall be entitled to use any other
           accrued leave balances, concurrently with the leave given by this section.

           Verification from a medical doctor of continued incapacity to perform the job duties
           shall be requested by the appointing authority. The employee may be required to pass
           a physical, medical and/or psychological examination designated by County, at County
           expense, prior to returning to duty if the illness or disability may affect job performance
           or the health and safety of the employee, co-workers, or the public.
           (Rev. 01/97)

           To the maximum extent permitted by law, all leaves authorized by this Rule shall run
           concurrently with leaves taken pursuant to Rule 1201.30 and shall county against the
           twelve (12) week limit contained in Rule 1201.30.
           (Rev. 01/97)

 1201.30   Mandated Family and Medical Leaves – (Employees and Family)

           The purpose of this Rule is to implement leaves which are mandated by the Family and
           Medical Leave Act of 1993 (“FMLA”) and the California Family Rights Act (“CFRA”).
           Eligible employees may use leaves authorized by this Rule on an intermittent basis to
           the extent that the County is required to permit intermittent leaves under FMLA and/or
           CFRA. When permitted, intermittent leave may be taken in periods from one hour of
           several weeks, up to a total of 480 hours for full-time employees and prorated
           accordingly for part-time employees. (Rev. 01/97)




                                               80
                                                                                     APPENDIX A
RULE 1200                   LEAVES OF ABSENCE WITHOUT PAY

            Family and medical leaves of absence are available on an unpaid basis to eligible
            employees. In order to qualify for a leave, an employee must: (a) have been employed
            for at least twelve (12) months (the twelve (12) months do not need to be consecutive);
            and (b) worked at least 1,250 hours of service during the 12-month period immediately
            before the commencement of the leave. (Rev. 01/97)

                   An eligible employee may request up to twelve (12) weeks leave in a twelve
                   (12) month period for the following reasons:

                       1.    The care of a newborn child;
                       2.    The care of a child who has been placed with an employee for
                             adoption or foster care;
                       3.    The care of a spouse, child or parent (including, but not limited to,
                             persons who stand “in loco parentis”) who has a serious health
                             condition; or
                       4.    The serious health condition of the eligible employee which prevents
                             the employee from performing one or more of the essential functions
                             of his or her job. (Rev. 01/97)
                       5.    A qualifying exigency arising out of the fact that the spouse, son,
                             daughter or parent of the eligible employee is on active duty or called
                             to active duty in the Armed Forces in support of a contingency
                             operation.

            An eligible employee who is the spouse, son, daughter, parent or next of kin of a
            covered service member shall be entitled to a total of 26 weeks of leave during a 12-
            month period to care for the service member but in no event shall that leave, when
            combined with other qualifying FMLA leave, exceed 26 weeks in a single 12-month
            period.

            When both parents are employed by the County, the amount of leave for bonding (I.e.,
            birth, adoption, or foster care placement) is limited to an aggregate of twelve (12)
            weeks, between the parents, in a twelve (12) month period. For any other leave
            authorized by the Rule, each parent is allowed twelve (12) weeks leave, in a twelve
            (12) month period, less any bonding leave taken by that parent during that twelve (12)
            month period. (Rev. 04/08)

            The twelve (12) month period used to measure the twelve (12) week and twenty-six
            (26) week limitation will be the rolling twelve (12) month period measured backward
            from the date the leave is used. Under the rolling twelve (12) month period, each time
            an employee takes leave, the remaining leave balance consists of the portion of the
            twelve (12) weeks that was not used during the immediately preceding twelve (12)
            months.
            (Rev. 01/97)

            Employees shall exhaust all accrued sick leave to the maximum extent permitted, at
            the commencement of the leave. Employee shall be entitled to use any other accrued
            leave balances, concurrently with the leave given by this section. This Rule is not
            intended to supersede the provision of Kern County Ordinance Code Section 3.28.040,
            which limits the amount of sick leave which an employee may use for illness of
            members of the employee’s immediate family. (Rev. 01/97)




                                               81
                                                                                        APPENDIX A
RULE 1200                  LEAVES OF ABSENCE WITHOUT PAY


            If an employee requests a leave due to a serious health condition of the employee or a
            family member, the employee must support the request with a legally sufficient
            certification issued by the health care provider of the individual with the serious health
            condition. The appointing authority may request subsequent re-certification of medical
            conditions as permitted by law. (Rev. 01/97)

            For leaves granted due to a serious health condition of the employee, the employee
            may be required to pass a physical, medical and/or psychological examination
            designated by County, at the County’s expense, prior to returning for duty if the serious
            health condition may affect job performance or the health, safety of the employee, co-
            workers or the public. (Rev. 01/97)

            To the maximum extent permitted by law, any leave taken by an employee under this
            or any other Rule or authority shall be credited against the twelve (12) week limit
            contained in this Rule. The leave provided by this Rule shall run concurrently with all
            other leaves which apply to the employee’s absence. (Rev. 01/97)

1201.40     Temporary Military Leave Pursuant to California Military and Veterans Code sections
            395 and 395.01, any County employee who is a member of the reserve corps of the
            Armed Forces of the United States or of the National Guard or the Naval Militia, is
            entitled to a temporary military leave of absence while engaged in military duty ordered
            for the purposes of active military training, inactive duty training, encampment, naval
            cruises, special exercises or like activity, provided that the period of ordered duty does
            not exceed 190 calendar days, including time involved in going to and returning from
            that duty; and, provided a copy of the military orders accompany the request for military
            leave.

            Any employee who has been in the service of the County for at least one year,
            immediately prior to the date upon which a temporary military leave of absence begins,
            shall, to the extent required by law, be entitled to receive his/her salary for the first 30
            calendar days of such leave and, shall accrue the same vacation, sick leave and
            holiday privileges and the same rights and privileges to promotion, continuance in
            office, employment, reappointment to office, or re-employment that the employee
            would have enjoyed had he/she not been absent therefrom; however, any uncompleted
            probationary period must be completed upon reinstatement. (For purposes of this
            section, in determining the one-year of service with the County, all service of the public
            employee in the recognized military service shall be counted as County service). The
            employee’s seniority dates (i.e., County, Vacation and Increment) will not be adjusted
            for the duration of the leave. The employee may utilize vacation and compensatory
            time off accruals before beginning in a non-pay status. Notwithstanding the above, an
            employee on temporary military leave for the purpose of “inactive duty training” is not
            entitled to have any of his/her salary paid as described above. (Rev. /01)




                                                82
                                                                                         APPENDIX A
RULE 1200                   LEAVES OF ABSENCE WITHOUT PAY

1201.40.10   Pursuant to California Military and Veterans Code section 395(c), upon expiration of
             any temporary military leave of absence, an employee has a right to be restored to
             his/her former office or class position and status formerly held by the employee in the
             same locality and in the same County department. If the office or class position has
             been abolished or otherwise has ceased to exist during the employee’s absence,
             he/she shall be reinstated to a position of like seniority, status, and pay if a position
             exists or, if no position exists, the employee shall have the same rights and privileges
             that he/she would have had if he/she had occupied the class position when it ceased to
             exist and had not taken a military leave of absence. (Rev. /01)

1201.45      Other Military Leaves Any County employee who volunteers for or is required to serve
             as a member of any branch of the armed forces (including, but not limited to, initial
             enlistment), shall be granted a military leave of absence without pay for a period of one
             enlistment, not to exceed five (5) year’s duration, provided a copy of
             the military orders accompany the request for military leave. The employee’s seniority
             dates (i.e., County, Vacation and Increment) will not be adjusted for the duration of the
             leave; however, the employee will not accrue benefits which are based on merit or
             hours worked (including, but not limited to vacation and sick leave). Military leaves of
             absence are governed by both the California Military and Veterans Code sections 389
             et seq. and Title 38 of the United States Code, sections 4301 et seq. (Rev. 01)

1201.45.10   Pursuant to title 38 of the United States Code, section 4312, an employee returning
             from an approved military leave of absence shall be entitled to return to his/her
             formerly held class position with the County, without loss of standing, as described
             above, provided the returning employee notifies the County of his/her intent to return to
             work in accordance with the notice provisions listed below:

             An employee who has been on military leave for less than thirty-one (31) days must
             notify the County’s Personnel Department, in writing, of his/her intent to return to work
             no later than the beginning of the first full pay period on the first full calendar day
             following the completion of the period of service and the expiration of eight hours after
             a period allowing for the safe transportation of the employee from the place of service
             to the employee’s residence; or, if through no fault of his/her own, the employee cannot
             report as set forth above, he/she must do so as soon as possible.

             An employee who has been on military leave for more than thirty (30) days, but less
             than 181 days will be retained on the County payroll in an inactive status. The
             employee must notify the County’s Personnel Department in writing of his/her intent to
             work no later than fourteen (14) days after the completion of the service; or, if through
             no fault of his/her own, the employee is unable to provide the written notice in the
             manner described, then he/she must do so by the first full calendar day possible.

             An employee who has been on military leave for more than 180 days must notify the
             County, in writing, of his/her intent to return to work no later than ninety (90) days after
             completion of the service.

             Notwithstanding the foregoing, the County may refuse to re-employ an employee
             returning from military leave if: 1) The County’s circumstances have changed so much
             as to make the re-employment impossible or unreasonable; 2) The class position from
             which the person previously held has been deleted and there are no similar or
             comparable positions; 3) Re-employment would cause undue hardship on the County;
             and/or 4) The employment from which the person left was for a brief, non-recurrent
             period and there was no reasonable expectation the job would continue indefinitely or
             for any significant period. (Rev. 11/01)
                                                 83
                                                                                      APPENDIX A
RULE 1200                  LEAVES OF ABSENCE WITHOUT PAY

1201.50      Spousal Military Leave. As provided in Military and Veterans Code Section 395.10, a
             full-time employee who is the spouse of a qualified member of the military, as defined
             in Military and Veterans Code Section 395.10(b)(4), shall be entitled to ten days of
             unpaid leave while the qualified military member is deployed during a period of military
             conflict.

1201.60      Leave for Compensable Disability. County employees shall have an automatic leave of
             absence from employment during such period, as the employee is eligible to receive
             temporary disability compensation under the worker’s compensation laws of the State.
             Said leave shall automatically terminate when the right to such compensation
             terminates, the employee is determined by the Risk Management Division of the
             County Counsel’s Office not to be eligible for workers’ compensation benefits, the
             employee has been released to return to work by a doctor authorized by the Risk
             Management or a County doctor, or the employee retires from County service,
             whichever occurs first.

             Employees may use sick leave during the leave here provided for in accordance with
             Ordinance Code Section 3.28.110. Employees determined not to be eligible for
             Worker’s Compensation benefits shall have all leave time taken under this section
             converted to allowable leaves under sections 1201.20, or 1202.20 of the Civil Service
             Rules, as applicable. (Rev. 01/97)

             To the maximum extent permitted by law, all leaves authorized by this Rule shall run
             concurrently with leaves taken pursuant to Rule 1201.30 and shall count against the
             twelve (12) week limit contained in Rule 1201.30. (Rev. 01/97)

1201.60.10   Employees who are on a compensable disability leave of absence shall submit a
             statement of their condition from their doctor to their appointing authority as long as
             they remain on such leave of absence. (Rev. 8/92)

1201.60.20   Any employee who is granted a service-connected disability retirement and who later is
             determined by the Retirement Board to be no longer incapacitated and who desires to
             return to active County employment and is re-employed shall be deemed to have been
             on an approved leave of absence without pay for the period of time he/she received
             said service-connected disability. (Rev. 8/92)

1201.70      Family School And Licensed Child Day Care Activity Leave. Any full-time or part-time
             County employee who is a parent, guardian or grandparent with custody of a child in
             grades Kindergarten through twelve or attending as licensed child day care facility,
             shall be entitled to, upon proper written request to the appointing authority, a leave
             from work up to a maximum of forty (40) hours per year, but not more than eight (8)
             hours in any calendar month, to participate in the activities of the school or licensed
             child care facility of any of his or her children. The employee shall use vacation,
             compensatory time-off or any other paid leave allowances other than sick leave. If the
             employee has no paid leave time accrued, leave without pay shall be taken. The
             employee shall, give notice of that request in writing to the Department Head no less
             than three (3) working days prior to the date of the scheduled school or day care
             activity. If both parents work for the same department, the department head may limit
             the leave to the parent initially making the request. If requested to do so by the
             department head, the employee shall provide written verification of his or her
             participation in the school or day care activity. (Rev. 02/98)




                                                84
                                                                                      APPENDIX A
RULE 1200                   LEAVES OF ABSENCE WITHOUT PAY

1202.00      DISCRETIONARY LEAVES OF ABSENCE WITHOUT PAY

1202.10      Request for Leave. Any County employee who occupies a regular classified position
             may apply for the discretionary leaves provided for in this Rule. Requests for any such
             leave without pay shall be made upon forms prescribed by the Commission and shall
             state specifically the reason for the request, the date when the employee desires the
             leave to commence, and the specific date of return. The request shall be delivered to
             the appointing authority for written recommendation that it be granted, modified, or
             denied, and both the request and the recommendation shall be promptly transmitted to
             the Director by the appointing authority. If the appointing authority recommends denial
             or modification of the leave requested, the reasons therefore shall be communicated to
             the Director in writing. No such request shall be denied or modified without notice to
             the employee, who may appeal the denial or modification to the Commission.
             (Rev.8/92)

1202.20      Personal Necessity Leave. Any permanent full-time or permanent part-time employee
             in the classified service may be granted, upon proper written request and approval of
             the appointing authority and the Director, a leave of absence without pay not to exceed
             three (3) months of personal reasons. (Rev. 8/92)

             Approval of such leave without pay under this section shall be conditioned on findings
             that:

1202.20.10   The situation or condition necessitating leave is remedial within the period requested.
             (Rev. 8/92)

1202.20.20   The situation or condition necessitating leave is not remedial by other means.
             (Rev.8/92)

1202.20.30   Refusal to authorize leave will result in personal hardship or suffering for the employee
             or the employee’s immediate family. (Rev. 8/92)

1202.20.40   The employee’s absence will not substantially interfere with the business of the
             affected department. (Rev. 8/92)

1202.20.50   The employee shall use all vacation leave, holiday time, and compensatory time off to
             his/her credit prior to the effective date of the leave of absence. (Rev. 8/92)

1202.20.60   The employee has exhausted the leave provided for in Section 1201.20 or Section
             1201.30, or both, or is other wise not eligible for either of such leaves. (Rev.8/92)

1202.31.20   The position still exists and the employee is otherwise qualified for the position.
             (Rev.8/92)

1202.40      Educational/Personal Enrichment Leave. Any permanent full-time employee or
             permanent part-time in the classified service may be granted, upon proper written
             request and approval of the appointing authority and the Director, a leave of absence
             without pay not to exceed one (1) year for educational or personal enrichment
             purposes. The educational or personal enrichment leave may be extended, upon the
             proper written request and approval, one (1) additional year. (Rev. 01/93)




                                                85
                                                                                        APPENDIX A
RULE 1200                   LEAVES OF ABSENCE WITHOUT PAY

1202.41      An employee granted an educational/personal enrichment leave of absence without
             pay shall, for two (2) years, retain the right to be appointed to the first vacant position
             available in the approving department in the class of position which he/she had
             previously occupied prior to the leave of absence. (Rev. 01/93)

1202.42      During the period of the educational/personal enrichment leave of absence, and for a
             period of two (2) years following the completion of the leave, if the employee is
             awaiting a vacancy in the department which approved the leave in the class of position
             which he/she had previously occupied, the employee shall be retained on the payroll in
             an inactive status. During this period, the employee retains the same benefits as other
             employees on leave of absence for other purposes under Rule 1202. If, after two (2)
             years following completion of the educational/or personal enrichment leave of absence,
             a vacancy has not become available to which the employee can be appointed, then
             payroll status will be terminated. If such occurs, the employee shall automatically be
             placed on the re-employment list for the class or classes in which the employee
             previously held regular status. (Rev. 01/93)

1202.43      The employee is obligated to accept the first appointment offered following completion
             of the education/personal enrichment leave. Failure to do so will result in the forfeiture
             of all rights under this Rule. (Rev. 01/93)

1202.44      Rights under this Rule are conditioned on the employee:

1202.44.10   Using all vacation leave, holiday time and compensatory time off to his/her credit prior
             to the effective date of the leave of absence. (Rev. 08/92)

1202.44.20   If the employee fails to actively, continuously, and successfully pursue an
             educational/personal enrichment goal, the leave of absence shall be immediately
             canceled, and the employee will lose the right to return to a position within the
             classified service. (Rev. (01/93)

1202.44.30   Upon return from such leave of absence to a position within the classified service, an
             employee shall be entitled to, and have reinstated to his/her credit, all sick leave
             accumulated by him/her at the time of the granting of the leave of absence. The
             employee shall also retain the vacation accrual rate enjoyed prior to the leave of
             absence. The employee shall also have his/her seniority date restored, minus the
             length of time he/she was on the leave of absence. (Rev. 08/92)

1203.00      DURATION/EXTENSION OF LEAVES WITHOUT PAY
             Leaves of absence without pay may be approved for the maximum period of time as
             specified in these Rules based upon the reason for the request. If the original leave of
             absence is not for the maximum duration allowed and the employee desires an
             extension of the original leave of absence, the employee must request said extension
             on the leave of absence form and return the completed form to the appointing authority
             ten (10) days prior to the expiration of the original leave. The appointing authority, with
             approval of the Director, may extend such leaves only to the maximum time periods
             specified herein. (Rev. 08/92)

1204.00      RETURN BEFORE EXPIRATION
             Whenever an employee who has taken a leave without pay desires to return before
             expiration of such leave, the employee shall so notify the appointing authority in writing
             at leave fire (5) calendar days in advance of the return. The Director shall be notified
             promptly of the employee’s return.

                                                 86
                                                                                        APPENDIX A
RULE 1200                  LEAVES OF ABSENCE WITHOUT PAY

1205.00     LEAVES OF ABSENCE FOR NON-PROMOTIONAL PROBATIONARY EMPLOYEES
            Notwithstanding any other provision of Rule 1201.20 or Rule 1202 to the contrary,
            leaves of absence for probationary employees shall be administered according to the
            following:

1205.10     Non-promotional probationary employees shall be entitled to a leave of absence
            without pay for non-job-connected illness or disability, including disability resulting from
            pregnancy, childbirth, or related condition. Such leave shall not exceed a maximum of
            four (4) months. Application shall be made in accordance with Rule 1201.10.
            Verification from a medical doctor of continued disability may be requested and such
            written verification shall be provided at 40-day intervals as requested. The employee
            may be required to pass a physical examination at County expense prior to returning to
            duty if the illness or disability may affect job performance or the health or safety of
            fellow workers or the public. (Rev. 08/92)

1205.20     Non-promotional probationary employees shall be entitled to a leave of absence
            without pay for family sick leave purposes. Such leave will be awarded at the
            discretion of the appointing authority and shall not exceed 15 calendar days.
            (Rev.08/92)

1205.30     Non-promotional probationary employee shall not be granted a discretionary leave of
            absence without pay for any reason other than specified in Rules 1205.10 and
            1205.20. (Rev. 08/92)

1205.40     Non-promotional probationary employees called to serve on jury duty shall be granted
            time off without loss of pay in accordance with Ordinance Code Section 3.20.030.
            Actual time away for jury service will be added to the probation period on a day-for-day
            basis as provided in Rule 702.22. (Rev. 08/92)

1205.50     To the maximum extent permitted by law, all leaves authorized by Rule 1205 shall run
            concurrently with leaves taken pursuant to Rule 1201.30 and shall count against the
            twelve (12) week limit contained in Rule 1201.30. (Rev. 02/98)


1206.00     VACATION OR SICK LEAVE ACCRUALS WHILE ON LEAVE
            No employee who has been granted a leave without pay for any reason shall accrue
            vacation or sick leave during the time of such leave. (Rev. 08/92)


1207.00     RECORD OF LEAVE
            Records of leaves without pay, military leaves, sick leave and vacation accruals,
            deductions, and balances shall be maintained in the office of the Commission. The
            Director shall furnish the appointing authority any information from such records as
            may be requested. (Rev. 08/92)




                                                87
                                                                                        APPENDIX B
RULE 1700                                 DISMISSAL, SUSPENSION, OR
REDUCTION
1705.00   CAUSE FOR DISMISSAL, SUSPENSION, OR REDUCTION. This rule sets forth the
          procedures to be followed any time the appointing authority takes action to dismiss,
          suspend, or reduce in rank or compensation any regular, non-probationary officer or
          employee in the classified civil service. The following reasons shall be deemed
          sufficient for dismissal, suspension, or reduction in rank or compensation, provided that
          such action shall not be limited to these reasons: (Rev 12/86)

1705.01   Absence without leave. An employee is absent without leave if the employee is absent
          from the job for a period of one (1) business day or more unless the employee is
          entitled to be absent pursuant to an approved leave of absence or as otherwise
          provided by law. In addition, an employee is absent without leave if the employee is
          absent from the job for a period of one (1) business day or more without providing
          notification to the appointing authority. (Rev. 08/96)

1705.02   Conviction of any felony or any crime involving moral turpitude, provided the crime is
          substantially related to the qualifications, functions, or duties of the position of office, or
          any misdemeanor committed while on duty. The term “conviction,” as used in this
          Rule, shall include a plea or verdict of guilty or a conviction resulting from a plea of nolo
          contendere. Evidence of the conviction shall constitute conclusive proof of commission
          of the crime to which the employee pled nolo contendere. A conviction shall be
          available for use under this Rule when the time for appeal has lapsed, the judgment of
          conviction has been affirmed on appeal, or when an order granting probation is made
          suspending the imposition of sentence, irrespective of a subsequent order under the
          provisions of Section 1203.4 of the Penal Code. (Rev. 01/92)

1705.03   Conduct unbecoming an employee in the public service.

1705.04   Disorderly or immoral conduct.

1705.05   Incapacity due to mental or physical disability, which cannot be reasonably
          accommodated, to be determined by a medical examination. (Rev. 08/92)

1705.06   Incompetency or inefficiency

1705.07   Insubordination.

1705.08   In possession of, or under the influence of, alcoholic beverages during the employee’s
          working hour or at his or her work site.

1705.09   Neglect of duty.

1705.10   Negligence or willful damage to public property or waste of public supplies or
          equipment.

1705.11   Violation of any lawful or reasonable regulation or order made and given by a superior
          officer.

1705.12   Fraud in securing appointment.

1705.13   Dishonesty.



                                               88
                                                                                        APPENDIX B
RULE 1700           DISMISSAL, SUSPENSION, OR REDUCTION

1705.14     In possession, in use, under the influence of, or trafficking in a controlled substance or
            narcotic, except when prescribed for the employee by his/her doctor, during the
            employee’s working hours or at his/her work site. Unless the possession of the
            controlled substance or narcotic is for the purpose of collecting, gathering, evaluating,
            testing, preserving, or otherwise handling such substances as evidence within the
            course and scope of the employee’s duties. (Rev. 12/87)

1705.15     Discourteous treatment of the public or other employees.

1705.16     Improper political activity.

1705.17     Willful violation of any of the provisions of the Civil Service Law or of these Rules.


1710.00     NOTICE OF PROPOSED ACTION AND EMPLOYEE’S RIGHT TO RESPOND

1710.10     The appointing authority or any person authorized by him/her may take disciplinary
            action against an employee for one or more of the causes for discipline specified in this
            Rule by providing written notice of the proposed disciplinary action to the employee at
            least five (5) business days prior to the effective date of the proposed action. The
            notice shall be served upon the employee either personally or by registered mail and
            shall include: (1) a statement of the nature of the disciplinary action; (2) the effective
            date of the action; (3) a statement in ordinary and concise language of the acts or
            omissions upon which the causes are based; and (4) a statement advising the
            employee of his/her right to informally respond, either orally or in writing, to the
            authority initially proposing the disciplinary action.

1710.20     The employee shall have the right to inspect the materials on which the notice is based
            and which are relied on to support the reasons in the notice, which shall be assembled
            and made available upon request to the employee for his/her review, provided that
            nothing within his provision shall be construed to limit the right of the appointing
            authority to use any subsequently acquired information and materials in the case of an
            appeal or in any subsequent proceeding.

1710.30     The employee shall have the right to respond to the appointing authority either orally or
            in writing and to informally present such reasons, statements, and other materials as to
            why the proposed disciplinary action should not be taken. The appointing authority
            shall consider the response offered by the employee before final action is taken.



1715.00     DUTY STATUS DURING NOTICE PERIOD
            Except as otherwise provided, an employee against whom disciplinary action is
            proposed is entitled to be retained in an active duty status during the notice period.

1715.10     When circumstances are such that the retention of an employee in an active duty
            status in his/her position may be detrimental to the interests of the County, the
            employee, the employee’s fellow workers, or the general public, the appointing
            authority may temporarily assign the employee to duties in which these conditions do
            not exist or place the employee in a non-active duty status with pay.




                                                89
                                                                                       APPENDIX B
RULE 1700          DISMISSAL, SUSPENSION, OR REDUCTION

1720.00     EXCEPTIONS TO NOTICE PERIOD AND OPPORTUNITY TO RESPOND

1720.01     When there is reasonable cause to believe an employee is guilty of a crime for which a
            sentence of imprisonment can be imposed, the appointing authority is not required to
            give the employee the full five (5) business days advance written notice but shall give
            such less number of days advance notice and opportunity to respond as, under the
            circumstances, is reasonable and can be justified.

1720.02     Extraordinary Circumstances: Notwithstanding the provisions of Section 1710.00, the
            appointing authority may take disciplinary action against an employee by following the
            procedures of Section 1725.00 only and shall not be required to give the employee
            advance written notice when circumstances are such that the retention of an employee
            in an active duty status may result in damage to County property or may be injurious to
            the employee, the employee’s fellow workers, or the general public.


1725.00     ORDER OF DISMISSAL, SUSPENSION, OR REDUCTION
            Disciplinary action against any officer or employee in the classified civil service for one
            (1) or more of the causes for discipline specified in this Rule shall become effective
            upon execution of a written order by the appointing authority stating specifically the
            reasons for the action. The order shall be immediately filed with the Director, and copy
            thereof shall be furnished to the person to be dismissed, suspended, or reduced, and
            to the Commission.

1725.20     If the officer or employee does not wish to appeal the order, the officer or employee
            may reply in writing within five (5) business days from the date the order is filed with
            the Director. The response should be addressed to the appointing authority with a
            copy to the Director. (Rev. 08/85)


1730.00     APPEAL AND ANSWER
            The officer or employee may, within five (5) business days after presentation to him of
            the order, appeal through the Director to the Commission from the order. Upon the
            filing of the appeal, the Director shall forthwith transmit the order and appeal to the
            Commission for hearing. (Rev. 08/85)

1730.10     Notice of the request for appeal by the officer or employee to the Commission shall be
            transmitted forthwith by the Director to the appointing authority who initiated the
            dismissal, suspension, or reduction. (Rev. 08/85)

1730.20     The appointing authority shall, within ten (10) calendar days after receipt of such
            appeal, request, prepare, or cause to be prepared a full Bill of Particulars citing the
            incidents and evidence to support the action taken against the officer or employee.
            (Rev. 08/85)

1730.30     A copy of the Bill of Particulars shall be provided to the employee and the Commission.
            This Rule shall also apply in the case of appeal for increment or salary adjustment
            denial.




                                                90
                                                                                         APPENDIX B
RULE 1700           DISMISSAL, SUSPENSION, OR REDUCTION

1735.00      HEARINGS

1735.10      Within 20 calendar days from the filing of the appeal, the Commission shall commence
             a hearing and either affirm, modify, or revoke the order. The appellant may appear
             personally, produce evidence, and have counsel and a public hearing.

1735.13      If an appellant request the delay or postponement of a civil service hearing beyond the
             time prescribed by Rule 1735.10 and such request is granted by the Commission, the
             appellant shall not be entitled to an award of back pay and other benefits which would
             otherwise be awarded in a decision overturning or modifying a disciplinary action
             during and for that period of time between the date on which the delay requested is
             granted and the date on which the hearing is actually held.

1735.15      All hearings of the Civil Service Commission shall be open and public, and all persons
             shall be permitted to attend any hearing of this Commission, except that a hearing may
             be closed to consider appointment, employment, or dismissal of any employee or to
             hear complaints or charges brought against an employee or applicant by another
             person or employee, unless such employee or applicant requests a public hearing.

1735.19.10   Pre-Hearing Motions. All objections to the substantive or procedural sufficiency of any
             notice, process, or proceeding occurring prior to the commencement of hearing before
             the Commission, including, but not limited to, objections to the pre-disciplinary “Skelley”
             notice, the disciplinary investigation, the disclosure of material on which the proposed
             discipline is based and the pre-discipline hearing by the appointing authority (Rules
             1710.10, 1710.30, 1720.01, 1720.02), the order of discipline (1725.00) the bill of
             particulars (Rule 1730.10-1730.30), to exclude items of physical evidence or
             concerning the issuance and/or service of Commission subpoenas shall be in writing
             and shall be filed with the Director and personally served on the opposing party (or
             their representative) not less than five (5) full days prior to the first date the matter is
             scheduled for hearing. Any response to such objections shall be in writing and shall be
             filed with the Director and personally served on the moving party (or their
             representative) not less than one (1) full day prior to the first day the matter is set for
             hearing. All objections and responses to objections shall contain citations to or
             photocopies of the statutes, rules, or court cases supporting the position asserted.
             (Rev. 08/92)

1735.19.20   Hearing Motions. Any motion or objection made during the course of a hearing
             objecting to the procedure of the hearing or the examination of any witness, other than
             an evidentiary objection or motion to close the hearing, continue the hearing, or to
             exclude witnesses during the examination of other witnesses, may be oral but shall be
             accompanied by written citations or photocopies of the statutory or court decisions
             serving as grounds for the motion or objection. (Rev. 08/92)

1735.19.30   Failure to comply with this Rule, unless excused by the Commission upon a factual
             showing of good cause, shall constitute a waiver of the objection or the response to the
             objection before the Commission. (Rev. 08/92)

1735.20      The hearing shall be conducted informally, with hearing procedure set and evidence
             admitted in accordance with the provisions of Government Code Section 11513(a), (b),
             and (c); except that any motions shall be made in accord with Rule 1735.19 and any
             party or witness may be examined at any time pursuant to California Evidence Code
             Section 776. (Rev. 08/92)


                                                 91
                                                                                   APPENDIX B
RULE 1700          DISMISSAL, SUSPENSION, OR REDUCTION

1740.00     FINDINGS AND DECISION
            The Commission shall, within a reasonable time after completion of the hearing,
            determine a verdict. The verdict by the Commission shall specify a finding as to each
            ground or reason charged.

1740.10     By specific decision, the Commission may affirm, revoke, or modify the order, and the
            appointing authority shall forthwith enforce and follow the Commission’s decision.


1745.00     MAXIMUM SUSPENSION
            Any suspension without pay of an employee by the appointing authority for disciplinary
            purposes shall be limited to a maximum of 30 calendar days for any one specific
            incident.


1750.00     HEARING OFFICER
            The Commission may, upon its judgment, employ a hearing officer to hear the appeal.
            After hearing the appeal, such hearing officer shall submit to the Commission a
            Proposed Decision, along with Findings of Fact and Conclusions of Law, within a
            reasonable time. The Commission shall review the proposed decision and either adopt
            it or take other such action as is appropriate under the law.


1760.00     OCCUPATIONAL ALCOHOLISM –- NON-PUNITIVE ACTION
            Notwithstanding any rule provisions to the contrary, it is the general policy of the
            County to recognize employee alcoholism as a treatable disease and that a policy of
            non-punitive action be followed for any employee whose job performance is impaired
            by such condition. Non-punitive action in each case is dependent upon the employee
            advising the appointing authority of existence of the condition; and the appointing
            authority’s concurrence that such action is in the best interest of the County and the
            employee.

1760.05     An employee’s continued participation in a treatment program as an alternative to
            disciplinary action is contingent upon satisfactory progress in the program and
            satisfactory job performance as determined by the treating professional and the
            appointing authority, respectively.

1760.10     Alcoholism shall not be used by an employee as a shield from disciplinary action taken
            under other provisions of these Rules after the period of response to proposed
            disciplinary action has passed.

1760.20     Failure of the employee to agree to treatment after entering the treatment program or
            lack of satisfactory progress as determined by the treating professional and the
            appointing authority may result in further action as provided for in these Rules.




                                              92
                                                                                             APPENDIX C
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.




                                                      93
.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.


                                                   94
COUNTY OF KERN                    DEPARTMENT:


                       GRIEVANCE FORM

                                        Date:

Employee:                               Classification:

Division:                               Section:

Nature of Grievance:




Settlement Desired:




                           Signature



                             95
1st Step (Immediate Supervisor)                Date Received:

Date Discussed Informally:


Summary of Facts:




Decision:




Date:                                  Signature


                                       Title


                                  96
2nd Step (Next Higher Supervisor and Department Head Jointly)        Date Received:


Additional Facts adduced:




Decision:




Date:                                                Signature

                                                     Title




3rd Step (County Administrative Officer)             Date Received:


Additional Facts adduced:




Decision:




Date:                                                Signature

                                                             Title




                                                97
                                                                                                      APPENDIX D
Workplace Violence Policy
1211. Workplace Violence Policy. Violence and threats of violence in a County workplace is unacceptable
and will not be tolerated. The County is committed to providing a safe work environment for employees and
elected officials that is free from both violence and the fear of violence. This policy includes threats and violent
behavior, direct, indirect, perceived or actual, from any person, and directed toward any person, occurring at any
County facility or in connection with the conduct of County business without regard to location. This policy also
includes any threat or violence as described above by an employee or elected official directed at another
employee or elected official.

     .1 Acts Resulting in Prosecution and/or Disciplinary Action. Any employee or non-employee who
threatens or commits violence in a County workplace shall be subject to criminal prosecution. Additionally, any
employee who threatens or commits such violence in a County workplace shall be subject to appropriate
disciplinary action. Such threats or acts of violence include, but are not limited to:
                  a.     Possessing a weapon in violation of Penal Code Section 171b
                  b.     Committing an assault or battery, including a sexual assault or battery
                  c.     Threatening to use or using a weapon in an illegal manner
                  d.     Engaging in any behavior that unreasonably risks the safety of another
                  e.     Stalking
                  f.     Accosting or harassing another, either face-to-face, or by telephone, fax, mail,
                         computer, or other form of communication
                  g.     Lawfully possessing a weapon in a County workplace unless expressly approved by the
                         employee’s department head

      .2 Department Head Responsibilities-General. Department heads shall ensure that the County’s zero
tolerance policy is fully implemented and shall provide training for all department employees.

    .3 Department Head Responsibilities-Incident Occurrence. If an incident occurs, the department head
must:

                a.       Complete the Workplace Violence or Threat Mitigation Report (Exhibit A) and send it to
                         the Risk Management Division within five working days.

                b.       Fax or deliver the Workplace Violence or Threat Incident Report (Exhibit B) within one
                         hour of the incident to the Risk Management Division or as soon as practical.

                c.       Ensure that all reports of threats and violent behavior, direct, indirect, actual or implied,
                         are fully and formally investigated and that appropriate disciplinary, legal or other
                         actions are taken. If the incident involves a physical assault, law enforcement must be
                         called.

                d.       Ensure that a work site review is conducted to provide employees security and
                         protection from reasonably foreseeable violent action.

                e.       Develop procedures that provide for the immediate reporting of threats or acts of violent
                         behavior and appropriate protection for the reporting employee.

     .4 Risk Management Division Responsibilities. The Risk Management Division will respond to all
workplace violence incidents, communicate with law enforcement agencies, as appropriate, and provide training
and assistance to departments on workplace violence incident prevention and response.

      .5 Employee Responsibilities. Employees shall refrain from engaging in any acts or threats of workplace
violence and shall immediately report any such incidents to their supervisor or other designated individual and
complete and return the Workplace Violence or Threat Incident Report (Exhibit B) within one hour of the incident
or as soon as practical. Employees should make every reasonable effort to remove themselves from any
situation in which workplace violence may occur.



                                                        98
                                                                                             Exhibit B

                        COUNTY OF KERN
              WORKPLACE VIOLENCE OR THREAT INCIDENT

Name of person threatening County employee:
Perpetrator’s relationship to County:
Physical description: Hair:             Eyes:           Height:          Weight:
Race:                          Distinguishing Characteristics:


                                                                  (Attach picture if possible)
Circumstances of threat:




Location of threat:
Date:                                                Time:
Exact words of threat:




Police Notified: Yes            No
Threatened County employee:
Department:                                     Supervisor:
Work address:
Work telephone:                                 Home telephone:
Additional comments:




Form available at Risk Management



                                                   99
                                                                        Exhibit A


                  COUNTY OF KERN
   WORKPLACE VIOLENCE OR THREAT MITIGATION REPORT

Name of threatened employee:
Department:                                       Supervisor:
Work address:
Work telephone:                                   Home telephone:


ASSESSMENT BY:
Department Head:         Name:                             Telephone:
Personnel Officer:       Name:                             Telephone:
Risk Management:         Name:                             Telephone:


RECOMMENDED ACTION:
       Armed security at work site       Date initiated:
       Surveillance of perpetrator       Date initiated:
       Area lighting                     Date initiated:
       Accompaniment to and from car     Date initiated:
       Change in work hours              Date initiated:
       Change in parking location        Date initiated:
       Change in work location           Date initiated:
       Surveillance of employee          Date initiated:
       Injunction against perpetrator    Date initiated:
       Buddy System                      Date initiated:
       Police Notified                   Date initiated:
       Other




Form available at County Counsel, Risk Management Division




                                             100
2.02.010
                                                                                  APPENDIX E
                                          Chapter 2.02

                                 CONFLICT OF INTEREST

Sections:

2.02.010    Acts constituting conflict of interest.

2.02.020    Departmental regulations to implement chapter provisions.

2.02.030    Exemption for certain physician services.


2.02.010    Acts constituting conflict of interest.

A.    No appointed officer or employee of the County of Kern shall engage in any
      employment, activity or enterprise which results in any of the following:

      2.    Using the prestige or influence of a county office or employment for the officer’s
            or employee’s private gain or advantage, or the private gain or advantage of
            another;

      3.    Using county time, facilities, equipment or supplies for the officer’s or
            employee’s private gain or advantage or the private gain or advantage of
            another;

      4.    Using confidential information acquired by virtue of county employment for the
            officer’s or employee’s private gain or advantage, or the private gain or
            advantage of another;

      5.    Receiving or accepting money or any other consideration from anyone other
            than the county for the performance of an act which the officer or employee
            would be required or expected to render in the regular course or hours of his
            county employment or as a part of his duties as a county officer or employee;

      6.    Performance of an act in other than his capacity as a county officer or employee
            knowing that such act may later be subject, directly or indirectly, to the control,
            inspection, review, audit or enforcement by the officer or employee or by the
            department or agency by which he is employed;

      7.    Make, participate in making or in any way attempt to use his official position to
            influence a governmental decision (other than a decision affecting the officer’s
            or employee’s wages, hours, or working conditions) in which he knows or has
            reason to know he has a financial interest. The provisions of Government Code
            Sections 87100 through 87103.5, as amended from time to time, including, but
            not limited to, the definition of what constitutes “financial interest,” and the
            regulations of the California Fair Political Practices Commission shall be
            controlling.
                                              101
For purposes of this subsection an officer or employee has a “financial interest” in a decision
if it is reasonably foreseeable that the decision will have a material financial effect,
distinguishable from its effect on the public generally, on the officer or employee or a member
of his immediate family or on:


             (a)    Any business entity in which the officer or employee has a direct or
                    indirect investment worth one thousand dollars ($1,000.00) or more.

             (b)    Any real property in which the officer or employee has a direct or indirect
                    interest work one thousand dollars ($1,000.00) or more.

             (c)    Any sources of income, other than gifts and other than loans by a
                    commercial lending institution in the regular course of business on terms
                    available to the public without regard to official status, aggregating two
                    hundred fifty dollars ($250.00) or more in value provided to, received by
                    or promised to the officer or employee within twelve (12) months prior to
                    the time when the decision is made.

             (d)    Any business or entity in which the officer or employee is a director,
                    officer, partner, trustee, employee, or holds any position of management.

             (e)    Any donor of, or any intermediary or agent for a donor of, a gift or gifts
                    aggregating two hundred fifty dollars ($250.00) or more in value provided
                    to, received by or promised to the officer or employee within twelve (12)
                    months prior to the time when the decision is made.

“Indirect investment or interest” means any investment or interest owned by the spouse or
dependent child of the officer or employee, by an agent on behalf of the officer or employee,
or by a business entity or trust in which the officer or employee, the officer’s or employee’s
agents, spouse, and dependent children own directly, indirectly, or beneficially a ten percent
(10%) interest or greater.

      8.     Non-county employment or self-employment outside of regular county working
             hours which involved such time demands or services of such a character as to
             impair effectiveness in county office or employment.

B.    Any violation of the provision contained in this section shall constitute sufficient
      grounds for immediate dismissal, suspension or reduction in rank or compensation of
      any appointed officer or employee of the county, subject to the right of officers and
      employees in the classified service to appeal such action in accordance with the
      provisions of Rule 1700 of the Rules of the Civil Service Commission of the County.
      (Ord. G-4647 2, 1988: prior code 991)




                                             102
2.02.020     Departmental regulations to implement chapter provisions.

A.    Each officer and employee having charge of a department or institution in Kern County
      government shall review the activities of personnel in their respective departments or
      agencies and promulgate departmental regulations determining and proscribing
      employments, activities, and enterprises which are prohibited as being inconsistent,
      incompatible, in conflict with or inimical to their duties as employees in such
      departments under the provisions of Section 2.02.010 and other applicable provisions
      of law. Such regulations shall be consistent with the provisions of Section 2.02.010
      and other applicable ordinances and general law, and are intended to facilitate
      employees’ understanding of the basic policy contained in said provisions and
      accomplish its effective implementation within the respective departments of county
      government.

B.    Each department and agency head shall file a copy of such departmental regulations
      with, and the same are subject to review and modification by, the board of supervisors
      or such county officer as it may designate.

C.    Departmental regulations shall be re-examined and revised from time to time as
      necessary to facilitate compliance of department and agency personnel and to make
      such regulations more specific and definite with reference to the particular activities
      and functions of the department or agency.

D.    Any appointed officer or employee may engage in any employment, activity or
      enterprise which is not incompatible, inconsistent, or in conflict with or inimical to his
      office or duties subject to the prior approval of his appointing authority. Any appointed
      officer or employee denied approval to engage in such employment, activity, or
      enterprise by his appointing authority may submit a written appeal of such denial to the
      board of supervisors or its designee within ten (10) days of notice of such denial. The
      board of supervisors, or designee, shall consider the submitted appeal and the
      reasons for denial and render a decision, which decision shall be final. (Ord. G-4647 3,
      1988: prior code 992).

2.02.30      Emption for certain physician services.
      Those physicians rendering professional services to the Kern General Hospital under
      contract authorizing billing for services to non-indigent patients shall not be deemed to
      be in violation of the provisions of Section 2.02.010 in billing for such services so
      rendered. (Prior code 992.1)




                                             103
2.02.040     Post-employment restrictions regarding representation, appearance or
             communication.

A.    Elected officials and employees classified as management, mid-management or
      confidential, shall not, for a period of one year after leaving that office or employment,
      act as agent or attorney for, or otherwise represent, for compensation, any other
      person, by making any formal or informal appearance before, or by making any oral or
      written communication to the County, a County department, a present member of the
      Board of Supervisors or any officer or employee of the County if the appearance or
      communication is made for the purpose of influencing administrative or legislative
      action, 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.

B.    Subsection (A) shall not apply to any individual who 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 agency.

C.    The following definitions shall apply for purposes of sections 2.02.040 and 2.02.050
      only:

      1.      "Administrative action" means the proposal, drafting, development,
      consideration, amendment, enactment, or defeat by the County of any matter,
      including any rule, regulation, or other action in any regulatory proceeding, whether
      quasi-legislative or quasi-judicial. Administrative action does not include any action
      that is solely ministerial.

      2.     "Legislative action" means the drafting, introduction, modification, enactment,
      defeat, approval, or veto of any ordinance, amendment, resolution, report, nomination,
      or other matter by the Board of Supervisors or by any committee or subcommittee
      thereof, or by a member of the Board of Supervisors acting in his or her official
      capacity.

      3.    “Person” shall mean an individual, proprietorship, firm, partnership, joint
      venture, syndicate, business trust, company, corporation, limited liability company,
      association, committee, and any other organization or group of persons acting in
      concert.

D.    This section and section 2.02.050 are adopted in accordance with Government Code
      section 87406.3 (c).
                                                                                12/2008

2.02.050     Post-employment restrictions regarding aid, advice or counsel.

      Elected officials and employees classified as management, mid-management or
      confidential, shall not, for a period of one year after leaving that office or employment,
      for compensation, aid, advise, counsel, consult or assist any other person regarding
      an appearance or communication which the official or employee would be prohibited
      from making under section 2.02.040.
                                                                                         12/2008
                                               104
                                                                                            APPENDIX F
RULE 1800                                    DISCRIMINATION APPEALS

1810.0 COMPLAINTS BASED ON DISCRIMINATION AND HARASSMENT

1810.01      Every person has the right to complain of and to seek remedy for acts of unlawful
             discrimination against or discriminatory harassment experienced by the person in
             applying for County employment or in the County workplace. “Unlawful discrimination”
             is discrimination based on the person’s race, national origin, sex, age, physical ability,
             medical condition, marital status, ancestry, religious affiliation, union affiliation, political
             affiliation or sexual orientation.

1810.02      Every County officer and employee is prohibited from engaging in unlawful
             discrimination against or harassing any person or from retaliating against or taking
             adverse employment actions against a person based upon that person’s complaint of
             unlawful discrimination or discriminatory harassment.

1810.03      Every County officer or employee is prohibited from unlawfully discriminating against,
             retaliating against, or taking adverse employment actions against an employee based
             upon an employee’s testimony, assistance, cooperation, or participation in connection
             with an investigation, disciplinary action, or hearing before a governmental body arising
             out of the complaint of unlawful discrimination or harassment.

1810.04      As used in these rules, acts of unlawful discrimination, retaliation, and adverse
             employment actions include, but are not limited to:

1810.04.10   Verbal or physical abuse or threats of harm;

1810.04.20   Disciplinary actions including demotions, suspensions, oral or written reprimands,
             transfers, or termination of employment;

1810.04.30   Failure to give equal consideration in employment decisions;

1810.04.40   The imposition of adverse working conditions not encountered by similarly situated
             employees; or

1810.04.50   The unreasonable denial of employment benefits.

1820.00      COMPLAINT PROCEDURE
             As set forth in Kern County Civil Service Commission Rule 1800 et seq., each
             employee or applicant for employment who believes that they have experienced
             unlawful discrimination or harassment in the application for employment, within the
             testing for promotion within County employment, or in the general terms and conditions
             of County employment may file a written complaint setting forth the specific facts and
             evidence supporting the complaint with the Equal Employment Opportunity Officer.
             This complaint shall provide all documentary evidence, names of potential witnesses,
             and any other information believed by the complainant to be relevant to the complaint.
             Such complaints shall be filed within 180 days of the occurrence of the acts giving rise
             to the complaint.




                                                  105
                                                                                      APPENDIX F

RULE 1800                                        DISCRIMINATION APPEALS

1820.01     INFORMAL INVESTIGATION
            Upon the receipt of the written compliant, the Equal Employment Opportunity Officer
            shall attempt to resolve the complaint on an informal basis through informal
            investigatory and conciliation efforts between the complaining individual and the
            involved County department(s). The Equal Employment Opportunity Officer or his
            delegate shall have a period not to exceed thirty (30) business days to investigate and
            to informally attempt to resolve the complaint. (Rev. 03/99)

1820.02     FORMAL INVESTIGATION
            If the Equal Employment Opportunity Officer (EEOO) is unable to resolve the complaint
            through informal conciliation efforts the EEOO shall notify the complainant, the Director
            of Personnel, and the impacted County department of this inability in writing. If the
            EEOO believes there are grounds to proceed, he/she may initiate a formal
            investigation of the allegations of the complainant, interview all witnesses to the
            incident giving rise to the complaint (including the complainant and the person(s)
            against whom the complaint is directed), and issue written findings as to the merits of
            the complaint and the remedy that should be implemented to resolve the complaint
            under existing County ordinances, policies, and procedures. The Equal Employment
            Opportunity Office shall have a period of not more than forty-five (45) business days to
            conduct the investigation and to issue appropriate findings of fact and recommended
            remedies. (Rev. 03/99)

            The complaining person, the affected County department, and the Director of
            Personnel shall have twenty (20) calendar days to review and either accept or reject
            the findings and recommendations of the Equal Employment Opportunity Officer

1820.03     EEO OFFICER FINDINGS AND RECOMMENDATIONS
            If the complainant, the impacted County department, the County Administrative Officer,
            and the Director of Personnel are satisfied with the findings and recommendations of
            the Equal Employment Opportunity Officer, these findings and recommendations may
            be implemented informally and the matter closed. If the findings and recommendations
            of the Equal Employment Opportunity Officer require some action or order on the part
            of the Board of Supervisors to be implemented, the Director of Personnel shall forward
            the findings to the Board of Supervisors and recommend that the Board of Supervisors
            authorize the action called for therein.

1830.00     HEARING
            If either the complainant or the impacted County department is not satisfied with the
            findings and recommendations of the Equal Employment Opportunity Officer as a
            resolution to the complaint, either may file a written request within twenty (20) days of
            the issuance of the findings and recommendations of the Equal Employment
            Opportunity Officer for an evidentiary hearing before the Civil Service Commission.
            The hearing shall be commenced within thirty (30) days of the written request for
            hearing.

1830.01     The purpose of this hearing is to create an evidentiary record of the basis for the
            complaint, to permit the examination and cross-examination of all witnesses under
            oath, and to permit the Civil Service Commission to make factual findings based on the
            evidence presented to and order/recommend specific remedies designed to achieve a
            resolution to the dispute.


                                              106
                                                                                       APPENDIX F

RULE 1800                                 DISCRIMINATION APPEALS

1830.02     The hearing shall be conducted as a public hearing, in accordance with the evidentiary
            standards established by Government Code Section 11513 (a), (b), and (c). The Equal
            Employment Opportunity Officer shall initiate the hearing by presenting his/her report
            and recommended findings to the Commission. After the presentation of the Equal
            Employment Opportunity Officer’s report, the complaining person shall present all
            relevant documentary evidence and witness testimony that the complainant believes
            will establish proof of the unlawful discrimination or harassment. At the conclusion of
            this presentation, the impacted department shall present all relevant documentary
            evidence or witness testimony, which the department believes to refute or disapprove
            the complaining person’s allegations. All witnesses shall be subject to cross-
            examination and to examination by the Commission. The complainant has the burden
            of proof to establish the validity of the compliant. At the conclusion of the hearing and
            upon the issuance of a written order, findings, and decision, the Civil Service
            Commission may take such action as is within its jurisdiction under Kern County Code
            Chapter 3.04 and Board of Supervisors’ Resolution 85-094. If the action deemed
            appropriate is beyond the limited jurisdiction of the Civil Service Commission to
            implement, the Commission’s findings and recommendations shall be forwarded to the
            Board of Supervisors with the recommendation that the same be adopted as an order
            of the Board of Supervisors. The order and decision of the Civil Service Commission
            (or the order of the Board of Supervisor implementing the decision of the Civil Service
            Commission) shall be final when issued and are subject to the judicial review
            provisions of Rule 2303.




                                              107
                                                                              APPENDIX G
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
             brining 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 acknowledgement of
             receipt 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 acknowledgement 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.




04/1998

                                            108
Kern County                                                                                 APPENDIX H
NEPOTISM POLICY

Purpose:       To establish policy for the employment of immediate relatives in order to assure
               employment fairness consistent with the Civil Service Ordinance.

Policy:        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 extra-help 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
               services is the employees 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.

                                                   109
     INFORMATION IN THIS HANDBOOK DOES NOT
       IMPLY ANY CONTRACTUAL OBLIGATIONS.




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