Rule 1

AUTHORITY AND PURPOSE

1.01. Rules Prescribed.

Pursuant to the California constitution and the Charter of the County of Los Angeles, the Los Angeles County Civil Service Commission does prescribe and adopt these Rules which shall have the force and effect of law.

1.02. Purpose.

These Rules are prescribed for the purpose of carrying out the Charter provisions, of assuring the continuance of the merit system, of promoting efficiency in the dispatch of public business, and of assuring all employees in the classified service of fair and impartial treatment at all times. To these ends the Rules shall be liberally construed. The commission may make and enforce any order appropriate to effect the purpose of these Rules. (Effective November 3, 1977)

1.03. Gender.

Words used in the masculine gender include the feminine and neuter. (Effective January 6, 1977)

1.04. In case of conflict between any of these Rules and any of the Civil Service Rules of the County, as adopted by the Board of Supervisors, the latter shall prevail in all matters as to which the Board of Supervisors is empowered or mandated by the County Charter to make Rules. (Effective May 9, 1979)

Rule 2

DEFINITIONS

Unless otherwise required by the context, words used in these Rules are understood to have the following special meanings:

2.01. Actual Service means time engaged in the performance of the duties of the position or positions including absences with pay.

2.02. Applicant means a person who has filed an application to take a civil service examination. Where appropriate, it includes an eligible or appointee. The term is synonymous with candidate.

2.03. Appointing Power means the person, board, or commission having authority to make the appointments to a position.

2.04. Appointment means the offer to and acceptance by a person of a position either on a permanent, recurrent, or temporary basis.

2.05. Appraisal of Promotability means the rating of an employee's potential performance at a higher level prepared by the appointing power as part of a promotional examination.

2.06. Break in Service means any interruption in continuous service, except for absence on approved leave or absences to serve in the Armed Forces of the United States. Reinstatement or re-employment does not make the service continuous.

2.07. Business Days means calendar days exclusive of Saturdays, Sundays, and legal holidays.

2.072. Certification means the communication to an appointing power by the Director of Personnel of the name or names of persons eligible for appointment to a position.

2.073. Certification of Accounts means the attesting by the Director of Personnel to the legality of each employee's appointment.

2.08. Class means a position or a group of positions bearing the same title.

2.09. Classified Service means all offices and positions in the civil service of Los Angeles County except those in the Unclassified Service as enumerated in Section 33 of the County Charter.

2.10. Commission means the Los Angeles County Civil Service Commission.

2.11. Continuous Service means employment without interruption, except for absences on approved leaves or absences to serve in the Armed Forces of the United States.

2.12. County means Los Angeles County.

2.13. Demotion means a lowering in rank or grade. "Reduction" and "demotion" are synonymous.

2.14. Department means the largest organizational unit of County government as shown by the separate Departmental Articles of the County Salary Ordinance. Department also includes board, commission, district, and court.

2.15. Discharge means separation from service for cause.

2.16. Duress means an unlawful threat which causes a person to consent to a transaction through fear.

2.162. Elector means any person who qualifies to vote at either a state election or a federal election held in California.

2.17. Eligible refers to the status of a person qualified by reason of having passed an appropriate civil service examination.

2.18. Eligible List means the list of names of persons who have passed the civil service examination.

2.19. Employee means any person holding a position in the classified Service of the County. It includes officers.

2.20. Examination means the process of testing, evaluating, or investigating the fitness and qualifications of applicants.

2.21. Fraud means a false representation to an employee of a matter of fact material to his employment, whether by words or by conduct, which deceives the employee so that he shall act upon it to his injury.

2.215. Grade, as it pertains to classification, means one standardized salary schedule, as defined in the Salary Ordinance of the County of Los Angeles.

2.216. Handicapped Person means any person who has a physical or mental impairment which substantially limits one or more major life activities, or whose employment is negatively affected by decisions based on a record or perception of such impairment.

2.22. Institution means any County department or County office. (Opinion of County Counsel, January 27, 1916)

2.23. Layoff means separation from a permanent position because of economy, lack of funds, lack of work, or because the position has been abolished.

2.24. Medical Advisory Board (Deleted Effective August 10, 1973)

2.25. Non-Competitive Examination means an examination for minor positions conducted under Section 34(8) of the Charter in County institutions when competition is found to be impracticable.

2.26. Non-Eligible refers to the status of a person who has been appointed but not from an eligible list.

2.27. Official Bulletin Board is the board on the fifth floor of the Hall of Administration, 222 North Grand Avenue, Los Angeles 90012, used for the posting of public announcements of this Commission.

2.28. Open Examination means an examination open to the public and not limited to applicants in County service.

2.29. Performance Rating means the rating given an employee on his work performance by his appointing power.

2.30. Permanent means continuing and indefinite duration. In reference to County employment status it means the employee has successfully completed his initial probationary period. In reference to employment status in a specific class it means that the employee has successfully completed a probationary period for that class.

2.31. Position means any office or employment in the classified service of the County requiring the full or part-time employment of one person.

2.32. Probation or Probationary means the status of an employee during a trial period following an original or promotional appointment.

2.33. Probationer means an employee who has probationary status.

2.34. Promotion means advancement to a position of higher rank or grade involving an increase in pay. Promotional examinations are those limited to qualified County or district employees.

2.35. Random Selection means the reduction of the number of candidates for an examination by means of a lottery.

2.36. Rank, as it pertains to classification, means the level of difficulty and responsibility of a class regardless of the series or service to which the class belongs. Rank, as it pertains to an examination, means the relative order or standing of candidates.

2.37. Reassignment means the assignment of an employee without examination from one position to a position of a different class of the same rank.

2.375. Recruitment Bulletin Board is a board in room 493 in the Hall of Administration, 222 North Grand Avenue, Los Angeles 90012.

2.38. Recurrent refers to employment at certain recurring periods, such as monthly, quarterly, annually, or bi-annually. "Seasonal" and "Recurrent" are synonymous. In reference to employment status, it means current eligible employment in a recurrent position or eligibility on a recurrent re-employment register.

2.39. Reduction means a lowering in rank or grade. "Reduction" and "demotion" are synonymous.

2.40. Re-employment List means a list of names of persons laid off from permanent or released from recurrent positions arranged in order of their right to re-employment.

2.401. Re-employment means appointment of an employee from a Re-employment List.

2.41. Reinstatement means re-appointment after a break in service to a position in a class in which status was formerly held.

2.42. Restoration means a return to a position in a class in which status was formerly held.

2.43. Seniority for employees on a monthly or yearly basis means the total amount of continuous service in any position or positions or total amount of service if reinstated or re-employed. For all other employees it means total actual service. Employment prior to a break in service of more than one year shall not be included, except when the break in service is followed by appointment from a Re-employment List.

2.44. Separation means leaving a position and includes resignation, release, discharge, and layoff; where it refers to a separation from a particular position to accept another position it also includes transfer, reassignment, promotion, and reduction.

2.45. Series means a unit of position classification comprising all classes of the same general character of work but differing as to level of difficulty and responsibility.

2.46. Service means employment by the County; it also means a group of related series in the classification plan.

2.47. Temporary means employment on a basis other than permanent, probationary, or recurrent.

2.48. Transfer refers to the change of an employee from one position to a similar position in the same class in another department without examination.

2.49. Rating Standard means the terms, phrases, and numerical designations which define the levels of evaluations used in any appraisal process.

2.50. Undue Influence means the excessive use of pressure applied by a dominant subject to successfully persuade one vulnerable to such pressure to act to his detriment.

Rule 3

ADMINISTRATION

3.01. Election of President.

At the first regular meeting in December of each year, the Commission shall elect one of its members as president to serve for a term of one year, unless removed by vote of a majority of the Commission, or until his successor is fully elected and qualified. (Effective September 15, 1977)

3.02. Duties of President.

The president shall preside at all meetings of the Commission and act as spokesman for the Commission.

3.03. President Pro Tem.

In his absence the President shall designate one of the Commissioners to act as President Pro Tem who shall have all the powers of the President. If no such designation has been made, the quorum present shall agree who shall act as President Pro Tem. (Effective May 9, 1979)

Rule 4

MEETINGS OF THE COMMISSION

4.01. Types of Meetings.

The Commission may convene the following types of meetings:

(a) Regular

(b) Special

(d) Executive

(e) Emergency

The rules contained herein are applicable to all meetings of the Commission.

4.02. Regular Meetings.

Regular meetings shall be held every Wednesday at 10:00 a.m. or at such other day of time as the Commission, at a prior regular meeting, may designate. When the regular meeting day falls on a holiday, the Commission shall meet on the next succeeding business day, unless at a prior regular meeting it designates some other day for its meeting.

4.03. Special Meetings.

A special meeting may be ordered at any time by the President of the Commission or by any three Commissioners by delivering personally or by mailing written notices to each member of the Commission and to each local newspaper of general circulation, radio, or television station requesting notice in writing. A copy of the notice shall also be posted on the Commission's Official Bulletin Board. The notice shall specify the time and place of the special meeting and the business to be transacted. No other business shall be considered at such meeting by the Commission. (Effective May 9, 1979)

Such written notice may be dispensed with as to members who are actually present or who file written waiver of notice.

4.04. Adjourned Meetings.

The Commission may adjourn any regular or adjourned regular, special or adjourned special meeting to a time and place specified in the order of adjournment. When so adjourned, an adjourned regular meeting is a regular meeting for all purposes.

When an order of adjournment of a regular or adjourned regular meeting fails to state the hour at which the adjourned meeting is to be held, it shall be held at the hour specified by the Rule for regular meetings.

4.05. Executive Sessions.

The Commission may hold executive sessions to consider the employment, discipline, reduction, or dismissal of a public officer, or employee or contract hearing officer or to hear complaints or charges brought against such officer, or employee or contract hearing officer by another public officer, person, or employee unless such officer, or employee or contract hearing officer requests a public hearing. The Commission also may exclude witnesses and others as provided in 5.11. (Effective May 9, 1979)

4.06 Place of Meeting.

All meetings shall be held in Room 522, Hall of Administration, 222 North Grand Avenue, Los Angeles 90012, unless the notice of a special meeting or the order of adjournment of a regular or adjourned meeting specifies some other place, or unless the Commission determines at a prior meeting to meet at some other place. (Effective August 10, 1973)

4.07. Emergency Meetings.

If by any reason of fire, flood, earthquake, or other emergency, it shall be unsafe to meet in the place designated, the meetings may be held for the duration of the emergency at such place as is designated by the president of the Commission.

4.08. Change in Place of Meeting.

Where pursuant to Rules 4.06 and 4.07 the place of the meeting is to be other than at the place set forth in these Rules, a notice stating were the meeting will be held shall be posted on the Commission's Official Bulletin Board at least 24 hours before the time set for the meeting.

4.09. Continuance of Meeting.

Any hearing being held, or noticed or ordered to be held by the Commission at any meeting may by order or notice of continuance be continued or re-continued to any subsequent meeting of the Commission in the same manner and to the same extent as set forth in Rule 4.04, provided that if the hearing is continued to a time less than 24 hours after the time specified in the order of notice of hearing, a copy of the order or notice of continuance of hearing shall be posted immediately following the meeting at which the order or declaration of continuance was adopted or made.

4.10. Absence of the Commission.

If all members are absent from any regular or adjourned regular meeting, the Secretary to the Commission may declare the meeting adjourned to a stated time and place, and he shall cause a written notice of the adjournment to be given in the same manner as provided in Rule 4.03. A copy of the order or notice of adjournment shall be conspicuously posted on or near the door of the place where the meeting was held within 24 hours after adjournment.

4.11. Public Meetings.

All meetings of the Commission shall be open to the public and all persons shall be permitted to attend any meeting of the Commission except otherwise provided in Rule 4.05.

4.12. Conditions to Attendance.

A member of the public shall not be required, as a condition to attendance at a meeting of the Commission, to register his name and other information, to complete a questionnaire, or otherwise fulfill any condition precedent to attendance.

4.13. Agenda.

The Secretary to the Commission shall, as directed by the Commission, prepare the Agenda for all meetings and distribute the same by mailing to all persons on the Official Mailing List. Said Agenda shall be available in the offices of the Commission at least 24 hours before the time set for the meeting.

4.14. Minutes.

The Secretary to the Commission, as directed by the Commission, shall record in the minutes the time and place of each meeting, the names of the Commissioners present, all official acts of the Commission, and the votes of the Commissioners except when the action is unanimous. When requested by him, a Commissioner’s dissent or approval with his reasons shall be recorded. The minutes shall be written and presented for correction and approval at the next regular meeting. The minutes or a true copy thereof, certified by the President or President pro tem, shall be open to public inspection. (Effective May 9, 1979)

4.15 Communications.

Communications and requests to the Commission insofar as practicable shall be in writing. The substance of each request and the action of the Commission thereon may be noted in the minutes.

4.16 Rules or Order.

Except as otherwise provided herein, Robert’s Rules of Order shall guide the Commission in its proceedings.

4.17. Quorum.

Three members of the Commission shall constitute a quorum, and the concurrence of three members shall be necessary to any action, provided less than a quorum may adjourn any meeting.

4.18. Conduct of Persons Attending Meetings.

The President or Acting President of the Civil Service Commission with concurrence of one or more members of the Commission may order the removal of any person from a Civil Service Commission meeting who:

a) Displays disorderly, contemptuous, or insolent behavior toward any Commissioner, tending to interrupt the orderly course of a meeting;

b) Displays boisterous conduct or commits any kind of disturbance, tending to interrupt the orderly course of a meeting;

c) Disobeys w lawful order of the President, including an order to be seated or to refrain from addressing the Commission;

d) Brings signs, posters, or large objects into the hearing room without prior approval from the President; or

e) Commits any other interference with the orderly course of a meeting.

The person removed is excluded from further attendance at the meeting from which he has been removed. The matter being considered need not be carried over to a later Commission meeting, but may be acted upon at that time. (Effective January 6, 1977)

Rule 5

HEARINGS

5.11. Exclusions of Witnesses.

The Commission or the Hearing Board may at its discretion exclude witnesses not under examination, except the petitioner or person involved, the appointing power or an authorized representative, and counsel or other advocate. When hearing testimony of scandalous or indecent conduct, all persons not having a direct interest in the hearing may be excluded. (Effective May 9, 1979)

5.12. Selection and Appointment of Hearing Officer.

In any case assigned by the Commission for hearing or hearing de novo by a hearing officer, the procedure for selection and appointment of the hearing officer shall be as follows:

a) Within five (5) working days from the date the Commission grants or orders a hearing or hearing de novo and assigns the matter to a hearing officer, the Executive Officer of the Commission shall select a number of available hearing officers equal to the number of parties plus one and mail the list of names to each party or the party's representative of record.

b) Each party shall have fifteen (15) calendar days from the date of mailing of such list to file with the Commission a rejection, in writing, of no more than one name on the list. Any party filing a notice of rejection shall mail a copy of such notice to all other parties.

c) After expiration of the fifteen (15) calendar-day period prescribed in (b), above, the Executive Officer shall appoint, if more than one name remains, one of the persons on the list whose name was not properly rejected.

d) Written notice of appointment of the hearing officer shall be given to all parties and to the hearing officer by the Executive Officer. (Effective February 6, 1991)

5.131.

Failure of the party or parties bearing the burden of proof to appear at a hearing may be cause for finding in favor of the opposing party or parties. (Effective November 14, 1979)

5.17. Continuances.

The Commission or Hearing Board may grant a continuance of any hearing upon such terms and conditions as it may deem proper, including in its discretion the condition that the petitioner shall be deemed to have waived salary for the period of the continuance. Any request for continuance made less than twenty-four hours prior to the time set for the hearing will be denied unless good cause is shown for the continuance. (Effective November 28, 1961)

5.18. Class Actions.

The Commission may, at its discretion, grant to any two or more persons whose appeals are heard pursuant to this Rule 5, the right to bring such appeals as a class action.

The granting of authority for such class action shall be contingent upon showing by appellants or their representatives that the appeals in question present common questions of fact and law, and that separate hearings upon such appeals would result in an unnecessary multiplicity of hearings before the Commission or its appointed hearing officers.

Nothing herein shall be deemed to amend the provisions of the rules concerning the burden of proof or the granting of a hearing upon submission of written materials as provided elsewhere in the Civil Service Rules of the County.

Any appellant who would otherwise be included in a proposed class action hearing shall have the right to appear before the Commission and request that his appeal be heard separately from appeals involved in the class action. Such individual request must be made within the time limits which these Rules establish for such requests and may be denied as provided in Rules 5.03. (Effective May 9, 1979)

5.181. Consolidation.

An individual hearing may be consolidated with other individual hearings or merged into a class action hearing. (Effective January 6, 1977)

5.19. Disclosure of Other Actions.

A petitioner or his representative must inform the Commission of any action bought before any court, commission or other public body relating to the subject matter of his petition, including the date such action was filed. Such disclosure must accompany the petition. If such action is initiated at any stage in the Civil Service Commission proceedings subsequent to the filing of the petition, the petitioner or his representative must so inform the Commission forthwith in writing. (Effective October 18, 1974)

5.20. Conduct of Persons at Hearing.

It is improper for any person at a hearing to:

a) Insult, intimidate or behave discourteously to the Hearing Officer, any party, any witness or any other person attending the hearing;

b) Display boisterous conduct or commit any kind of disturbance;

c) Bring signs, posters, or large objects into the hearing room without the prior approval of the hearing Officer;

d) Participate in any demonstration tending to disrupt the orderly conduct of the hearing; or

e) Commit any other interference with the orderly course of a hearing. (Effective January 6, 1977)

5.21. Authority of Hearing Officer.

If the conduct of an advocate or counsel is in violation of Rule 5.20, the Hearing Officer, at his discretion, may formally warn the offender or suspend the hearing. In either case, the Hearing Officer shall file a written report to the Civil Service Commission describing the behavior and action taken.

a) The Commission, after receiving the report and after allowing the offender due process, may, depending on the severity of the action, and the frequency of its occurrence:

1) Suspend the advocate or counsel from the particular hearing and resume the hearing with another advocate or counsel of the affected party's choice;

2) Suspend the advocate or counsel from appearing at any Civil Service Hearing, for either a given period or for an indefinite period, and resume the hearing with another advocate or counsel of the affected party's choice;

3) Formally warn the offender, and resume the hearing; or

4) Take no action and resume the hearing.

(Effective May 9, 1979)

(b) If the conduct of an appellant is in violation of Rule 5.20, the Hearing Officer may suspend the hearing. If the appellant's disruptive behavior persists after warning, upon recommendation of the Hearing Officer, the Civil Service Commission may deem the appeal withdrawn.

(c) If a witness refuses to testify, or his conduct is in violation of Rule 5.20, the Hearing Officer may suspend the hearing. Upon recommendation of the Hearing Officer, the Civil Service Commission may request the County Counsel to obtain an order from the Superior Court which directs the witness to cooperate or be in contempt of the court.

(d) Any person not involved in the hearing may be excluded by the Hearing Officer for any conduct in violation of Rule 5.20.

(e) If there is any delay due to conduct in violation of Rule 5.20 on the part of the appellant or his advocate or counsel, the appellant may be deemed to have waived salary for that period of time.

(f) If there is any delay due to conduct in violation of Rule 5.20 on the part of the respondent or it's advocate or counsel, the respondent may be deemed to have waived any of its rights in the proceeding and judgment may be rendered in favor of the appellant. (Effective January 6, 1977)

5.22. Pre-Hearing Conference.

With respect to any matter set for hearing, both parties shall confer not later than five business days prior to the date for the hearing for the purposes of agreeing to a statement in writing setting forth the specific facts or contentions in issue. The party having the burden of proof shall initiate the contact with the opposing party. The statement must be filed with the Commission or Hearing Board not later than two business days prior to the hearing and shall include an estimate of the time required for the hearing and a list of all witnesses intended to be called by both parties. The Commission or Hearing Board may also require such additional matters in the written statement as it deems appropriate. The Commission may issue such orders as are necessary to assure that both parties attend the pre-hearing conference and cooperate in the preparation of the statement in writing. (Effective January 6, 1977)

Rule 26

EMPLOYMENT PRACTICES

26.01. Employment Practices.

No person in the classified service, or seeking admission thereto, shall be appointed, reduced or removed, or in any way favored, or discriminated against in his employment or opportunity for employment because of his race, color, religious or political opinions or affiliations, organizational membership or affiliation, national origin, sex, or handicap which is not substantially related to successful performance of the duties of the position. Persons aggrieved under this Rule may appeal to the Civil Service Commission under provisions of Rule 5 of these Rules.

Nothing in this Rule shall preclude appropriate action by an appointing power when membership in or affiliation with, an organization may cause a conflict of interest relative to the duties of a position. (Effective September 15, 1977)

26.02. Employment Standards.

No standard for employment shall be applied which will have an adverse effect against members of minority groups as defined in the County's Affirmative Action policy, women, or the handicapped unless it is substantially related to successful performance of the duties of the position. Persons adversely affected by the application of such standards may appeal to the Civil Service Commission under provisions of Rule 5. (Effective September 15, 1977)

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