County of Sonoma - Human Resources Department CLASSIFICATION STUDY EVALUATION REPORT

Transcription

1 County of Sonoma - Human Resources Department CLASSIFICATION STUDY EVALUATION REPORT REQUESTED BY (check each box applicable if more than one) [ x ] Department: District Attorney s Office & County Counsel s Office [ ] Employee Organization: [ ] Employee: POSITION(S) STUDIED Job Class Title: Assistant County Counsel Recurring Defined Term & Assistant District Attorney Limited Term RECOMMENDATION: Adopt the revised and retitled classification specification of Assistant District Attorney Recurring Defined Term (formerly Assistant District Attorney Limited Term) and the revised classification specification of Assistant County Counsel Recurring Defined Term. B. DOES INCUMBENT QUALIFY TO BE RECLASSIFIED UNDER RULE 3.3B? Not applicable. The incumbent will automatically be placed in the newly titled classification. ANALYSIS OF REQUEST C. BACKGROUND, EVALUATION AND RECOMMENDATION: On August 5, 2004, the Civil Service Commission approved the addition of a new classification, Assistant District Attorney Limited Term. Subsequently, in July 2005, the Commission approved the addition of a similar type of classification, Assistant County Counsel Recurring Defined Term. For both classes, the intention was to have Assistant positions where the term of appointments would be tied to the term of the District Attorney or County Counsel. Also with both classifications, the intention was for incumbents to have rights to return to previously held positions if their appointments ended. Recently, Human Resources has noted that for the Assistant District Attorney Limited Term class, limited term is problematic and steps need to be taken to correct the issue. While evaluating the extent of the issue with Assistant District Attorney Limited Term, Human Resources also discovered that there were also minor issues with the classification specification for Assistant County Counsel Recurring Defined Term. Human Resources, the District Attorney s Office, and County Counsel s Office agreed that both job specifications should be updated to correct the issues. Assistant District Attorney Limited Term Human Resources reviewed the Assistant District Attorney Limited Term job specification as well as the Civil Service Report and minutes from the August 5, 2004 Civil Service Commission meeting when the class was adopted. In reviewing the minutes from 2004, the limited term was defined as the term of the appointment of the current elected district Attorney. Also clearly described in these minutes, Human Resources found: the intention was to create the position such that it would have civil service protection, but the length of the appointment would be tied to the term of the District Attorney (DA); the DA would have the authority to reappoint the incumbent for the duration of the DA s term including extensions through re-election; and incumbents who are not reappointed, then have rights to bump back down to their previously held permanent position within the County s Civil Service system. The adopted class specification from 2004 states, This position is a limited term position as that term is

2 defined within Rule 1 of the Sonoma County Civil Service Rules." However, Civil Service Rule 1, Definitions, defines a Project/Limited Term position as an allocated position which exists only for a limited period of time for purposes of accomplishing a specific project, grant, or functions. Such positions shall be designated as project or limited term by job class title, attached to a specific project and/or funding source, and limited in duration to 60 consecutive months from the date the position(s) are allocated by the Board of Supervisors. According to the Civil Service Rules, an Assistant District Attorney Limited Term position can not continue to be reappointed for longer than 60 consecutive months; however an elected DA s appointment could be longer than 60 months. Additionally, limited term/project positions are intended to be used in association with a specific project, grant, or function; the Assistant position does not fit this definition, and therefore, limited term is not an appropriate designation. While it appears the intent of the Assistant District Attorney Limited Term was for incumbents to have return rights if not reappointed, there is no current Civil Service Rule that provides the ability for incumbents not reappointed to have return rights to a prior position. While incumbents in Limited Term/Project classifications may have displacement rights, displacement rights only apply when an allocation is deleted. In the case of the Assistant District Attorney Limited Term, the allocation is not deleted; therefore, displacement rights would not apply. As mentioned above, Assistant County Counsel Recurring Defined Term was created in July Also at this time, the definition in Rule 1 for Recurring Defined Term and Rule 8.10 were created. These rules addressed return rights for recurring defined term incumbents not reappointed. Rule 1 defines Recurring Defined Term as, a position where the incumbent s term is limited to a defined period of time coinciding with the term of the department head where the classification is authorized. The incumbent s employment ends upon the expiration of the defined period of time, unless the incumbent is reappointed by his/her department head. The defined term is designated within the particular job specification for that position Rule 8.10 states that employees in a recurring defined term upon termination or expiration of the appointment, shall be returned to their previous class in the same department. In order to ensure clarity regarding appointment, tenure, and termination/expiration of appointment, and to have a classification that is consistent with our Civil Service Rules, Human Resources recommends that Assistant District Attorney Limited Term be revised and retitled to a Recurring Defined Term classification. The class specification has been revised to reflect these changes where applicable. Additionally, Human Resources has added to the definition section of the job specification that incumbents are initially hired through competitive examination in accordance with Civil Service Rules as this is a classified position. The very recent amendment to the definition in Rule 1 of Recurring Defined Term enables the District Attorney s Office to have this classification. Assistant County Counsel Recurring Defined Term Human Resources reviewed the Assistant County Counsel Recurring Defined Term job specification and found the job specification states that, An Assistant County Counsel, not reappointed, shall have the right to be returned to his/her previous class in the classified service, pursuant to Civil Service Rule 8.9. It is Rule 8.10 that provides for the return to classified service, not Rule 8.9. To also clarify the appointment process for this position, language specifying that incumbents are to be initially hired through competitive examination has been added. Recommendation Adopt the revised and retitled classification specification of Assistant District Attorney Recurring Defined Term (formerly Assistant District Attorney Limited Term) and the revised classification specification of Assistant County Counsel Recurring Defined Term.

3 CHANGES AUTHORIZED BY: Stephan Passalaqua, District Attorney & Steven Woodside, County Counsel. HR ANALYST Signature: Christina Cramer Date: October 21, 2010 HR MANAGER Signature: Christina Cramer Date: October 21, 2010

4 County of Sonoma 4039 CAT. NO. 1 JGRP NO. V Established 08/04 Revised 10/10 ASSISTANT DISTRICT ATTORNEY - RECURRING DEFINED TERMLIMITED TERM Definition Under general direction of the District Attorney, the Assistant District Attorney - Recurring Defined TermLimited Term is, along with the Assistant District Attorney (non-recurring defined term-limited term classification): responsible for the overall, day-to-day administration and management of all functions of the office of the District Attorney; supervises by direct observation or review, the various sections of the office; acts, when so designated, for the District Attorney during periods of absence; may try the most complex legal cases; and performs duties as required. This position is a recurring defined limited termlimited term position as that term is defined within Rule 1 of the Sonoma County Civil Service Rules. Incumbents are initially hired through competitive examination in accordance with Civil Service Rules The incumbent s term of employment, except as set forth below, coincides with the term of the District Attorney by whom he/she was hired. A term, for purposes of this position, is the period of time for which the District Attorney was elected. If a District Attorney is elected or reelected, he/ or she may, at his/her sole discretion, reappoint the incumbent for a subsequent term or terms without the need for a competitive examination. If the incumbent District Attorney fails, for whatever reason, to complete the term for which he/she was elected or appointed, the incumbent Assistant District Attorney Recurring Defined Term shall retain his/her position only until such time as an elected or appointed District Attorney advises the incumbent in writing, that his/her term is over. An appointed District Attorney may hire, through competitive examination, an Assistant District Attorney - Recurring Defined TermLimited Term to complete the remaining portion of the term for which he/she was appointed. An Assistant District Attorney Recurring Defined Term, not reappointed, shall have the right to be returned to his/her previous class in the classified service, pursuant to Civil Service Rule Distinguishing Characteristics This is a single position limited term class allocated to the office of the District Attorney. The incumbent serves as one of two assistant department heads and is responsible, along with the Assistant District Attorney (non-limited termrecurring defined term classification), for the overall day-to-day administration and management of all functions of the department, tries and manages the most complex legal cases, and acts, when so designated for the District Attorney during periods of absence. The incumbent, along with the Assistant District Attorney (non-limited termrecurring defined term classification), assists the District Attorney in planning the overall operation of the office and is consulted by the District Attorney with regard to the establishment

5 2 Assistant District Attorney Recurring Defined Term 4039 of office policy or leads the department in the trial and management of the most complex legal cases. Typical Duties In conjunction with the Assistant District Attorney (non-limitedrecurring defined term classification), or as assigned by the District Attorney, important duties may include but are not limited to the following: Confers with the District Attorney on matters of policy and procedure, and implements decisions; ensures that all prescribed policies and procedures are followed by subordinate supervisory and professional staff, and interprets departmental policies and procedures as necessary. Oversees the supervision or reviews the various legal, specialized, and supportive sections of the department; assists the District Attorney in hiring, planning, coordinating, assigning and evaluating the work of subordinate supervisory, legal and supportive personnel through Chief Deputy District Attorneys. Oversees the preparation and monitoring of the departmental budget; the orientation, training and performance evaluation of departmental employees. May oversee the assignment of all court cases, including appellate department matters, to attorneys, makes calendar assignments and ensures all courts are properly staffed. May oversee the training of law enforcement and other governmental agencies in legal aspects of the work of the office of the District Attorney; advises law enforcement, other governmental agencies, and private citizens seeking the issuance of criminal and civil complaints, as authorized by law. May present cases on behalf of the District Attorney to the Grand Jury; represents the District Attorney on assigned law enforcement problems; prepares and edits legal documents; prepares and tries the most complex cases in Superior and Municipal Courts. May oversee the supervision of in-service seminars and lectures on laws of evidence, penal code, criminal procedures, and the criminal judicial process. Appears before various civic, professional, educational and business groups, and represents the office of the District Attorney on matters relating to the office. May prepare written and/or oral reports for the District Attorney on various legal, administrative, management and related functions of the department.

6 3 Assistant District Attorney - LimitedRecurring Defined Term May coordinate, review, approve and sign all extradition and agreement on detainer documents prepared by the office; reviews and approves the initiation of all appeals from the Courts before a notice of approval is filed. May coordinate and review all investigations of police, public officials, and employee misconduct; assigns court deputy or investigation to assist with such investigations. May review all requests for expungent, sealing and closing of criminal records in conjunction with the staff of the Probation Department. May plan and maintain liaison with other law enforcement agencies regarding unusual occurrences such as riots, strikes, civil disobedience, mass arrests or other emergency situations. Knowledge and Abilities Extensive knowledge of: the duties, powers, limitations, and authorities of the office of the District Attorney; the principles of criminal law, principles of trial procedure, rules of evidence; legal research methods and judicial procedures; the statutory and constitutional laws of the State of California. Considerable knowledge of: modern public personnel and finance administration; effective supervisory techniques; written and oral communications, including language mechanics, syntax and English composition. Ability to: research, analyze and apply legal principles, facts, evidence and precedents to legal problems; plan, assign, coordinates and review the work of subordinate professional, specialized and supportive personnel; effectively orient, train, supervise and evaluate subordinate departmental personnel; effectively maintain work productivity within the office of the District Attorney through the supervision of subordinate professional staff; consistently prepare and present statements of law, fact and argument clearly, logically and persuasively in written and oral form, including the most complex legal matters; establish and maintain effective working relationships with staff members, departmental representative, county officials, the courts, law enforcement agency officials, and the general public; to understand and accept differences in human behavior, and cultural and ethnic backgrounds. Minimum Qualifications Experience: Legal experience subsequent to membership in the State Bar of California, which directly relates to the knowledge and abilities listed. Normally, six years of legal experience with emphasis on the preparation and trial of felony cases, including two years of experience at the level of Deputy District Attorney IV with Sonoma County, would provide the opportunity to acquire the knowledge and abilities listed.

7 4 Assistant District Attorney - LimitedRecurring Defined Term License: Current active membership in the State Bar of California. Possession of a valid driver s license at the appropriate level including special endorsements, as required by the State of California, may be required depending upon assignment to perform the essential job functions of the position.

8 County of Sonoma 4030 CAT. NO. 1 JGRP. NO. V Established 5/05 Revised 10/10 Definition ASSISTANT COUNTY COUNSEL RECURRING DEFINED TERM Under general direction of the County Counsel, assists with planning, organization and oversight of department-wide services; assigns and directs the work of subordinate personnel; may act for the County Counsel during periods of absence; may carry workload that involves complex and sensitive transactions and legal cases or issues; and performs related duties as required. This position is a recurring defined limited term as that term is defined within Rule 1 of the Sonoma County Civil Service Rules. Incumbents are initially hired through competitive examination in accordance with Civil Service Rules. The incumbent s term of employment coincides with the term of the County Counsel s term of office by whom he/she was hired. A term, for purposes of this position, is the period of time for which the appointing County Counsel was appointed by the Board of Supervisors. If a County Counsel is reappointed he/she may at his/her sole discretion reappoint the incumbent for a subsequent term without the need for a competitive examination. If the incumbent County Counsel fails, for whatever reason, to complete the term for which he/she was appointed, the incumbent Assistant County Counsel shall retain his/her position until such time as the full term (the statutorily prescribed four years) of the departing incumbent County Counsel s term is completed. Once the full term of the departing incumbent County Counsel s term is completed as noted in the preceding sentence, the subsequently appointed County Counsel may reappoint the incumbent Assistant County Counsel to a term coterminous with that of the remaining portion of his/her term, without the need for a competitive examination, or appoint another person to the Assistant County Counsel position through competitive process, to a term coterminous with that of the remaining portion of his/her term of office. An Assistant County Counsel, not reappointed, shall have the right to be returned to his/her previous class in the classified service, pursuant to Civil Service Rule Distinguishing Characteristics This single class position is second-in-command of the office of the County Counsel. The incumbent may be delegated responsibilities for the overall administration and management of the department. As such, the incumbent uses considerable independent judgment and discretion in department administration and management. This class differs from Chief Deputy County Counsel in that the latter class is more directly concerned with coordination and review of work performed by deputies within particular practice areas, rather than with the overall management of the office. However, if operationally necessary, the Assistant may also be required to perform the functions of a Chief Deputy County Counsel, including overseeing a practice group within the office. Typical Duties Meets with and advises the Board of Supervisors, County Administrator, and other County boards and commissions, school boards, and boards of directors of special districts with respect to both legal advice and representation. May establish goals and objectives for the divisions of

9 ASSISTANT COUNTY COUNSEL RECURRING DEFINED TERM Assistant County Counsel Recurring Defined Term of 2 the department and individual employees within the department. Supervises by direct observation or reviews the various legal, specialized, and supportive sections of the department; assists the County Counsel in hiring, planning, coordinating, assigning and evaluating the work of subordinate supervisory, legal and supportive staff. Assists in the preparation and monitoring of the departmental budget; assists in the orientation, training and performance evaluation of departmental employees. May appear before various civic, professional, education, and business groups, and appropriate committees of Congress, legislature and federal and state regulatory agencies for purposes of either representing the Office of the County Counsel or representing clients of the office of the County Counsel. Researches, interprets and applies laws, court decisions, statutes, ordinances and other legal authorities for use in the preparation of legal opinions and briefs; prepares complex legal reports, opinions, briefs and appeals. Knowledge and Abilities Thorough knowledge of and proficiency in: interpretation and application of the law as it relates to a general law county government; principles and application of civil law; research methods and judicial procedures; statutory and constitutional laws of the State of California; trial and hearing procedures, and of rules of evidence. Considerable knowledge of: modern public human resources and finance administration and effective supervisory techniques. Ability to: analyze and present legal considerations related to the policies, programs and operations of the county; manage a government law office, and to administer the office budget; effectively orient, train, supervise and evaluate subordinate legal and office support staff; effectively and concisely communicate an understanding of complex legal aspects of government to lay County officers and employees; establish and maintain effective relationships with other office staff members, departmental representatives, county officials, members of advisory and policy-making bodies, legislative representatives, the courts, and the public; understand and accept differences in human behavior, and cultural and ethnic backgrounds. Minimum Qualifications Experience: Legal experience, which directly relates to the knowledge and abilities listed. Normally, six years of legal experience with emphasis on handling of complex litigation and transactional issues relating to the several specialty practice areas performed by a County Counsel's office, including the experience at the level of Deputy County Counsel IV or above. Course work, training, or supervisory and administrative experience in a public agency law office is highly desirable. License: Current active membership in the State Bar of California. Possession of a valid driver s license at the appropriate level including special endorsements, as required by the State of California, may be required depending upon assignment to perform the essential job functions of the position.

10 RULE 3 CLASSIFICATION SECTION 3.1 CLASSIFICATION OF POSITIONS All positions established by the Board of Supervisors shall be classified and given appropriate class titles upon recommendation by the Civil Service Commission. Each class established pursuant to these rules shall include all positions sufficiently similar in duties and responsibilities to meet the requirements as specified under the definition of "Class." Emphasis will be on broader classifications wherever possible as provided by the above criteria. (1/20/00) SECTION 3.2 CHANGES IN CLASSIFICATION OR POSITIONS (revised 1/20/00) A. Whenever a department head proposes that a new position be created or an existing position abolished, he/she shall report the justification therefore, in writing, to the County Administrator with a copy to the Director of Personnel. Should the County Administrator concur with the recommended change, a copy of the report and recommendation to the Board of Supervisors shall be furnished in advance to the appropriate employee organization. B. The Director of Personnel may review the classification of any existing position because: of a significant change in the duties and responsibilities of the position, the creation or establishment of a new job class in which such position may more appropriately be classified or because of the abolition or combination of any existing positions or classes. (revised 1/20/00) C. Whenever a department head, employee, or employee organization believes that a significant change has occurred in the duties and responsibilities of an existing position, which are outside the duties of the current classification, he/she/it shall report the significant facts in writing within thirty (30) County business days to the Director of Personnel, with a copy to the County Administrator and as applicable to the appropriate employee organization. (revised 1/20/00) D. The Director of Personnel shall determine if the requesting party has made a prima facia case for the classification review requested and shall so notify the party who may appeal as provided in Section F. (revised 1/20/00) E. If a prima facia case is made, the Personnel Director will direct that a report will be prepared and shared with the requesting party, as well as the department and the employee organization representing the class, at least ten (10) County business days prior to any Board of Supervisors or Civil Service Commission meeting at which a classification recommendation is being made. If the reclassification action will change the bargaining unit representative of the position, both the current and the proposed representative must be notified as provided in this section. Any issues regarding the reclassification of the individual with their position falls under Rule 3.3B. (revised 1/20/00) F. Classification Appeal Process 1. An employee or employee organization representing the class who wishes to appeal the Personnel Director s decision and/or staff report and classification recommendations or notification of denial may do so in writing in care of the Personnel Director within seven (7) County business days of notification. (1/20/00) 2. The Commission shall hear the appeal and determine if there is sufficient change or difference in the duties and responsibilities of the appellant s position to justify a reclassification to another class or to require the creation of a new class. (1/20/00) 3. The Commission shall determine if a classification study should be performed when denied in D above. (1/20/00) Civil Service Rules RULE 3 - Page 1

11 G. Where the Civil Service Commission finds that there are significant factors which justify a change in classification of a position, it may recommend to the Board of Supervisors that the position be placed in the appropriate class. (revised 1/20/00) H. Where the Commission finds that a change in classification is not justified, it shall so inform the department, employee, and/or employee organization. (revised 1/20/00) SECTION 3.3 STATUS OF INCUMBENT OF POSITION AFTER CHANGE IN CLASSIFICATION A. When a position is reclassified, it shall be filled through certification from the employment list unless the Civil Service Commission provides for retention of the incumbent in accordance with this section. B. The Civil Service Commission may provide that the incumbent of a reclassified position retain the position when it finds that the incumbent has satisfactorily performed the duties of that position for a continuous period of not less than one year prior to the date the position is reclassified. Possible waiver of probation period is covered by Rule 9.5 A (2). (revised 3/15/95) C. When a new class series is established, resulting in the abolition of a previously existing class series, incumbents who are reclassified and retained in the equivalent level of the new series (as identified in the classification study and recommendations) shall retain the status they held prior to the reclassification. (revised 8/21/03) SECTION 3.4 CLASS SPECIFICATIONS For each class or position, the Civil Service Commission shall adopt and maintain written class specifications, which shall include the following: A. A definition of the class. The definition shall be a general description of the kind of work performed by employees of the class. It shall not be construed as prescribing or limiting the duties of any employee. B. A statement of characteristics which differentiate the class level from other classes with which it is commonly associated. It shall be used with other portions of the class specification to reflect an overall class concept in which work is assigned and performed. C. A summary of duties typical of the class, which will illustrate examples of work typically performed. The summary need not include all duties typical of the class. The presence or absence in the class specifications of duties performed in a given position shall not be construed as conclusive evidence of the classification of the position. D. The knowledge and abilities and a statement of minimum qualifications required to perform the duties of the class. SECTION 3.5 CLASS QUALIFICATIONS A. For each class of positions, the Civil Service Commission shall establish minimum qualifications, which shall be met by each person thereafter newly appointed in the class. B. Whenever applicable, any qualifications which may be prescribed by law for any class of positions shall be met in the qualifications established by the Civil Service Commission, and shall govern in the absence of such establishment by the Commission. SECTION 3.6 USE OF CLASS TITLES AND WORKING TITLES The official class title of each position shall be used in all official personnel and fiscal records, and in all official personnel transactions. However, department heads are encouraged to assign other appropriate working titles which do not conflict with official class titles. Civil Service Rules RULE 3 - Page 2

12 SECTION 3.7 TEMPORARY CLASSIFICATIONS Temporary classifications may be created by the Director of Personnel if all of the following conditions are present: (1) the temporary classification would, if permanent, be categorized as administrative management; (2) there is no closely related administrative management classification in existence at the time; (3) an employee in another administrative management classification has been or shortly will be assigned the duties covered by the temporary classification; and (4) the purpose of the temporary classification is to permit the immediate temporary assignment of such administrative management employee into such classification. In creating a temporary classification, the Director of Personnel shall also prepare a class specification containing the information required under Section 3.4 of these rules. The duration of a temporary classification shall not exceed 180 days without the authorization of the Civil Service Commission, which may extend it for additional periods of up to 180 days each. (8/4/93) Time served in a temporary classification shall be treated in the same manner as time served in any other classification to which an employee may be temporarily promoted. END OF RULE 3 Civil Service Rules RULE 3 - Page 3