Frequently Asked Questions

The weight of an AP shall not exceed 50% of the total weight in a promotional examination, except for management positions where the AP may be weighted up to 100%. Management is defined as those classifications that have supervisory responsibility for first-line supervisors and all classifications at the level of supervisor of first-line supervisors and above. It is recommended that the weight of the AP component not be set below 25% of the total weight of the examination.

2.05 - Appraisal of promotability.

"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.

Civil Service Rule 7.13 - Parts and weights.

C. 1. Promotional examinations may include as part an appraisal of promotability, based on an evaluation of records and of efficiency and character in relation to the class or position for which the examination is being given. The weights of such evaluation, including consideration of seniority, efficiency and character, shall not exceed 50 percent of the total weight in the examination, except that for management positions the appraisal of promotability may be as high as 100 percent. The weight of the appraisal of promotability shall be determined by the director of personnel after consultation with the appointing power. "Management" shall be defined as those classifications that have the supervisory responsibility for first-line supervisors, and all classifications at the level of supervisor of first-line supervisors and above.

For more information about the County’s civil service exam process, please contact DHR’s Countywide Talent Assessment Division (CTAD) at 213-738-2084.

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Yes, an employee may submit a written request to the examining department to receive a copy of the AP within 180 days from the date of test results notification. An employee need not file an appeal to get a copy of the AP package, including AP instructions, standards and rating scale. The employee must be provided the AP package within ten business days from the date of the request.

Policies, Procedures and Guidelines 135

Procedures. 8. The candidate will be notified of the result of the examination, by postage mail or by electronic mail (email), as preferred by the candidate and as indicated on the submitted employment application. The candidate then has fifteen (15) business days from the postmarked date on the mail envelope or from the date of the email to file any written protest to the Director of Personnel. Upon request, a copy of the AP, including the instructions, standards and rating scale must be provided to the candidate within ten business days from the date of the request. A candidate may also request a copy of his/her AP and related documents within 180 calendar days from the date he/she was placed on the eligible list or eligible register or notified of the exam results. A candidate may request a copy of the AP without filing an appeal and is not charged a fee for receiving a copy of the AP package.

For more information about the County’s civil service exam process, please contact DHR’s Countywide Talent Assessment Division (CTAD) at 213-738-2084.

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The AP must be completed by the current employing department. If the employee has not been with the current department for longer than six months, the employee’s current supervisor should contact the employee’s previous supervisor from the leaving department to provide performance input to complete the AP. Any consultation for performance input from the previous supervisor should be noted on the Appraisal of Promotability Certification and Signatures Form of the AP.

Policies, Procedures and Guidelines 135

Guidelines

It is the responsibility of the department to complete the AP of an employee who has current status in the department.

Rater

The present supervisor should complete the recommended AP ratings if he/she has supervised the candidate for the last six months. If an employee has been supervised by the same person for less than six months, the present supervisor must contact the candidate’s previous supervisor to provide performance input to complete the AP. If the previous supervisor is not available, performance input shall be provided by the next person in the chain of command to the previous supervisor who is familiar with the work of the employee. Any consultation for performance input from the previous supervisor should be noted on the AP.

For more information about the County’s civil service exam process, please contact DHR’s Countywide Talent Assessment Division (CTAD) at 213-738-2084.

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Eligible candidates may view or request a copy of the eligible list or eligible register during the ten-day review period following receipt of the test results letter, except when the Director of Personnel determines that disclosing the names of candidates for higher-level management positions would jeopardize their current employment.

After the ten-day review period, upon submission of a written request, eligible candidates may receive a copy of the eligible list or eligible register within six months from the date that their name was placed on the eligible list or eligible register.

In addition, copies of eligible lists or eligible registers can be made available to the public pursuant to the California Public Records Act. Such requests should be referred to the department’s Public Records Act coordinator. The fees assessed for providing copies of documents under the California Public Records Act are set forth in County Code Section 2.170.010.

PPG 150 – Eligible Lists, Eligible Registers and Certification Lists

Disclosure of Names of Eligible Candidates

All Eligible Lists or Eligible Registers shall be open to public inspection except when the Director of Personnel determines that disclosing the names of candidates for higher-level management positions would jeopardize their current employment.

Upon request, candidates may receive copies of Eligible Lists and Eligible Registers within six months from the date that they were placed on the list. Copies of Eligible Lists and Eligible registers can also be made available to the public pursuant to the California Public Records Act. The fees assessed for providing lists under the California Public Records Act are set forth in County Code Section 2.170.010.

For more information about the County’s civil service exam process, please contact DHR’s Countywide Talent Assessment Division (CTAD) at 213-738-2084.

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When there is no current eligible list or eligible register for a specific classification, the Director of Personnel may approve the use of a current eligible list or eligible register as a Substitute List for another class. Substitute Lists are generally only approved when the following conditions are met:

• There is no current Eligible List or Eligible Register for the class
• The substitute list must be the same or higher rank in an appropriate series
• The necessary knowledge, skills and abilities were adequately tested in the examination

PPG 150 – Eligible Lists, Eligible Registers and Certification Lists

Substitute List

When there is no current list for a class, the use of a current Eligible List or Eligible

Register for another class may be allowed with the approval of the Director of

Personnel. Substitute Lists are generally only approved when the following conditions

are met:

• There is no current Eligible List or Eligible Register for the class
• The substitute list must be the same or higher rank in an appropriate series
• The necessary knowledge, skills and abilities were adequately tested in the
• examination.

For more information about the County’s civil service exam process, please contact DHR’s Countywide Talent Assessment Division (CTAD) at 213-738-2084.

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Typing proficiency tests are required for County jobs when typing skill at a specific rate-per-minute is included as a requirement within its classification specification (normally under the “Minimum Requirements” or “Other Requirements” section). Unless otherwise stated on the bulletin or the class specification, the minimum typing proficiency is 40 net words-per-minute.

The County of Los Angeles has several clerical, secretarial, and other related job classifications that require typing skills such as:

Policies, Procedures, and Guidelines 124

Whenever a typing performance test is required, information regarding the typing test or acceptable documentation must be stated on the job bulletin announcing the exam. Unless otherwise stated on the bulletin or the class specification, the minimum typing proficiency is 40 net words per minute or 25 net words per minute for light typing.

Civil Service Rule 7.08 - Method of testing.

The qualification and fitness of applicants shall be determined either individually or in a group or groups by one or more of the following methods...(D.) Performance tests...

For more information about the County’s civil service exam process, please contact DHR’s Countywide Talent Assessment Division (CTAD) at 213-738-2084.

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All candidates, including current County employees, must meet all of the requirements listed on the job posting. This includes, if it is a requirement of the position, passing a Typing Proficiency Test or providing proof of typing proficiency through an approved alternative method as listed on the job posting.

As noted in Countywide Policies, Procedures and Guidelines (PPG) No. 124 - Typing Proficiency Requirement, any candidate for an examination that requires the passing of a typing performance test may, instead of taking the typing performance test, demonstrate the required typing proficiency stated in the job bulletin through one of the following means:

• Candidates who are employees of the County of Los Angeles and currently hold or have previously held a typing position that meets the minimum required typing skill stated in the job bulletin are not required to take the typing performance test.
• Candidates who have previously taken and passed a Los Angeles County typing performance test that meets the minimum typing skill stated in the job bulletin are not required to take the typing performance test
• Candidates who have acceptable documentation issued by the Department of Human Resources or another County Department verifying the passing of a typing test that meets the minimum typing skill stated on the job bulletin are not required to take the typing test.

Civil Service Rule 6.01 - Qualifications for examinations

In order to qualify for examination, a candidate must:

1. Meet all general requirements pertaining to filing applications for positions in the classified service as prescribed in these Rules;
2. Meet such additional requirements as are specified for the particular examination, including, but not limited to education, experience, license, age, residence, sex, physical condition, or the passing of appropriate qualifying tests;
3. File an application in accordance with established procedures.

Civil Service Rule - 2.25 Examination

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

For more information about the County’s civil service exam process, please contact DHR’s Countywide Talent Assessment Division (CTAD) at 213-738-2084.

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A Selective Certification may be established for special skills or other job-related criterion not tested in the examination. Departments may canvass a current Eligible List or Eligible Register to identify candidates with special skills that are appropriate/relevant to the classification title. The appointing power must obtain approval from the Director of Personnel for all Selective Certifications including bilingual skills.

Selective Certification is not allowed when there is:

• A current list for the specialty or criteria requested
• A re-employment list for the same class (A Selective Certification may also be established from the re-employment list)

Selection Criteria may include the following:

• Interdepartmental Promotional or Departmental Promotional certification from an Open Competitive Eligible List/Register
• Departmental Promotional certification from an Interdepartmental Promotional examination
• Proficiency in a language other than English when required for a specific assignment(s)
• Other job-related criteria (e.g., specific kinds of job-related training or experience not tested in the examination)

Recurrent and temporary employees may be placed on promotional lists certified from Open Competitive or Interdepartmental Promotional exams, so long as they meet the criteria stated in Civil Service Rule 6.02.2 (i.e., completed at least 120 working days of satisfactory service as a recurrent or temporary employee and the class being examined is in the same classification in that they hold or is at a lower-level classification).

All the special requirements for Selective Certification must be a business necessity and essential for the job performance rather than a desirable attribute.

11.03 - Selective certification.

A. Where a single list has been established without regard to some particular job-related criterion not tested in the examination and the appointing power requests certification for a position, the duties of which justify the particular criterion, and states the facts and reasons for such request, the director of personnel may certify those persons in groups other than the highest meeting that criterion.

B. A promotional list may be certified from an open competitive examination or a departmental eligible list from an interdepartmental examination.

6.02 - Qualifications for promotional examination.

2.Recurrent or temporary employees who have satisfactorily completed at least one hundred twenty (120) working days of service as recurrent or temporary employees may be allowed to compete in promotional examinations for permanent appointments to the class in which they have status or any lower-level class. Additionally, recurrent employees meeting the above conditions may compete in promotional examinations for higher-level recurrent positions. Recurrent or temporary employees may also be permitted to compete in promotional examinations for higher-level permanent positions so long as they have satisfactorily served in the recurrent or temporary position for at least one hundred twenty (120) working days or the equivalent of the probationary period for the permanent position with which they share the same classification, whichever is greater.

19.08 - Reemployment list.

B. Upon request of the appointing power, the director of personnel may make a selective certification for a particular qualification from a reemployment list, where it is shown that the duties of the position to be filled requires such qualification.

For more information about the County’s civil service exam process, please contact DHR’s Countywide Talent Assessment Division (CTAD) at 213-738-2084.

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Upon approval by the Director of Personnel, a current eligible list that has not yet expired may be extended for a specified period of time beyond its expiration date. Eligible lists are generally extended only under the following conditions:

• The eligible list is less than three years from the original promulgation date
• There is no active Eligible List or Eligible Register for the same class

Please note that the expiration date of an Eligible Register cannot be extended because candidates are added to the register as they become eligible or on a flow basis.

For more information about the County’s civil service exam process, please contact DHR’s Countywide Talent Assessment Division (CTAD) at 213-738-2084.

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Eligible lists and eligible registers must be retained for at least five years from the initial date of promulgation or from the most recent revision of the list or register.

7.22 - Record of examination.

The director of personnel shall preserve for not less than five years the following record of each examination:

1. The report of examination containing the names and scores of all applicants on each part of the examination, and in the total examination;
2. Information regarding the examination, showing the methods of testing used or the general nature of the examination, the weights of the various parts, the minimum scores required, the basis of rating or standards used and the formula or method used for translating ratings into a numerical score, and all other records prepared or received in connection with the examination.

For more information about the County’s civil service exam process, please contact DHR’s Countywide Talent Assessment Division (CTAD) at 213-738-2084.

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Upon approval by the Director of Personnel, an eligible list that has expired or has been previously terminated may be restored and used to fill position vacancies, only under the following conditions:

• The eligible list is less than three years from the original promulgation date
• There is no active Eligible List or Eligible Register for the same class

A person appointed from a restored list must be eligible for appointment within the approved restoration period. The appointment cannot be made retroactive or during periods when the list was not valid.

Please note that Eligible Registers cannot be restored because candidates are added to the registers as they become eligible or on a flow basis.

For more information about the County’s civil service exam process, please contact DHR’s Countywide Talent Assessment Division (CTAD) at 213-738-2084.

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The Director of Personnel may terminate the use of an eligible list when cause exists that demonstrates a violation of Civil Service Rules or Countywide examination guidelines in the examination process, or that have caused disparate treatment of applicants or candidates. Upon approval by the Director of Personnel, all candidates must be notified of the termination of the eligible list or eligible register.

The following are examples of reasons why an Eligible List or Eligible Register may be

terminated:

• Inconsistency in applying examination standards
• Selection Requirements are lower than the Minimum Requirements
• Inconsistency in test administration
• Exams for non-management positions having an Appraisal of Promotability weight of more than 50%
• Artificial barrier in the testing process that caused disparate treatment of candidates

For more information about the County’s civil service exam process, please contact DHR’s Countywide Talent Assessment Division (CTAD) at 213-738-2084.

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Countywide Policies, Procedures, and Guidelines (PPG) 118 and Section 33.6 of the County Charter grant unclassified employees the right to participate in promotional examinations if they meet one of the following conditions.

1. If they held a permanent position in the County's classified service before appointment to the unclassified role and meet the following criteria:

• the unclassified employee previously attained permanent County status on a classified position by successful completion of the initial probationary period;
• has not had a break in service since leaving the classified service; AND
• meets the minimum or selection requirements for the examination and any other additional requirements as stated in the bulletin.

- OR -

2. If they have at least six months of full-time experience in the unclassified service by the last day of filing AND meet the minimum or selection requirements for the examination and any other additional requirements as stated on the bulletin.

For more information about unclassified positions and promotional examinations please contact DHR’s Countywide Talent Assessment Division (CTAD) at 213-738-2084 or your Department’s Human Resources Examinations Unit.

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An honorably discharged veteran having served in the Armed Forces of the United States under any of the conditions listed below who participates in an open competitive examination will have a veteran’s credit of 10 percent of the total credits for the examination added to their final passing score.

• During a declared war;
• During the period of April 28, 1953 through July 1, 1995;
• For more than 180 consecutive days, other than for training, any part of which occurred after January 31, 1955, and before October 15, 1976;
• During the Gulf War from August 2, 1990 through January 2, 1992;
• For more than 180 consecutive days, other than for training, any part of which occurred during the period beginning September 11, 2011, and ending on the date prescribed by Presidential proclamations or by law as the last day of Operation Iraqi Freedom; or
• In a campaign or expedition for which a campaign medal or expeditionary medal has been authorized and awarded. Any Armed Forces Expeditionary medal or campaign badge, including El Salvador, Lebanon, Grenada, Panama, Southwest Asia, Somalia, and Haiti qualifies for credit.

For a full listing of authorized campaign and expeditionary medals or badges click on the link below:

http://file.lacounty.gov/SDSInter/dhr/205103_Veteran_Credit_Guidelines_2013.pdf

For more information about Veteran’s Credit for examinations, please contact DHR’s Countywide Talent Assessment Division (CTAD) at (213) 738-2084 or your Department’s Human Resources Examination Unit.

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Promotional examinations are administered as either interdepartmental or departmental examinations. To be eligible to participate in a promotional examination, an employee must be a permanent County employee. In addition, an applicant for a departmental promotional examination must have status in the specified department. As designated in Section 6.02.060.B of the Los Angeles County Code, County employees holding unclassified positions (as outlined in PPG 118) and employees of the Los Angeles County Superior Court may also compete in promotional examinations if they meet the requirements of the examination as stated in the Job Posting.

The following employees may also be allowed to compete in promotional examinations if deemed necessary to meet the needs of County service:

• Probationary employees provided they are not appointed until they have completed their probationary period;
• Recurrent or temporary employees completing at least 120 working days of satisfactory service may complete in promotional examinations for permanent appointment to the class in which they have recurrent or temporary status or any lower-level class. Note: recurrent employees meeting these conditions may compete in promotional examinations for higher-level recurrent positions;
• Enrollees in training program approved by the director of personnel may be allowed to compete in promotional examinations for permanent appointment to the classes for which they have been prepared.

2.40 Permanent

"Permanent" means continuing and indefinite duration. In reference to county employment status, it means the employee has successfully completed an 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.

2.42 Probation or Probationary

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

2.44 Promotion

“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.

2.48 Recurrent

“Recurrent” refers to employment on an as-needed basis at certain recurring periods such as monthly, quarterly, annually, or biannually.

2.58 Temporary

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

For more information about the County’s civil service exam process, please contact DHR’s Countywide Talent Assessment Division (CTAD) at 213-738-2084.

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Veteran’s credit applies to:

An honorably discharged veteran having served in the Armed Forces of the United States as detailed in the Veteran’s Credit Guidelines.

The spouse of a veteran who, while engaged in such service, sustained injuries that permanently prevent them from engaging in any remunerative occupation, in accordance with Section 36.5 of the County Charter.

The widow or widower of any such person who died or was killed while in such service.

Verification of eligibility for veteran’s credit must be submitted for each examination at the time of filing. Acceptable documentation, as listed below, must include the type of discharge and the qualifying dates of service.

For more information about veteran’s credit for examinations, please contact DHR’s Countywide Talent Assessment Division (CTAD) or your Department’s Human Resources Examination Unit.

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County authorities clearly state that “examination staff, including support personnel, shall be restricted from any involvement in the examination process in which they are candidates”; however, County authorities do not specify what activities are permitted following the completion of the exam. To understand the different between the examination process and other selection activities, it is important to understand how the County’s selection and examination processes work.

The Civil Service Rules indicate that the examination period ends at the promulgation of an eligibility list. CSR 7.18 Promulgation and notification of test results states that once that examination process is complete and scored, an eligible list will be created, and candidates will be notified. Only once the exam is scored, will Departments receive notice of the eligible list. This understanding that selection occurs after the exam period is complete is communicated in CSR 10.01 - Eligible lists created, which states that the director of personnel or a designate shall promulgate eligible lists resulting from a competitive examination.

The selection process then involves designated department staff canvassing the eligibility list, reviewing the candidate’s documentation/qualifications such as: resumes, certifications, degrees, etc. and selecting qualified candidates for the interview process (if possible, best practice is to interview all reachable candidates). Once the interview takes places, the department will make a hiring decision and a reachable candidate can be hired.

To zone in more on the question at hand, if an individual is an eligible candidate for the position being recruited, they are not necessarily restricted from administratively supporting the selection process to fill the vacancy as there is not a countywide authority that prohibits this action. However, a candidate supporting the administrative process to fill a vacancy for a position that they are eligible for may be perceived as unfair to all other candidates on the list. According to the Department of Human Resources Certification Desk Management System (CDMS) TrainingManual (Departmental Hiring Manager), “to avoid any potential conflicts-of-interest, Hiring Managers [and other administrative support personnel] are not to generate & canvass Referral Lists in which their names appear as eligible candidates, to avoid any undue advantage in the canvassing process". Please note, the CDMS Training Manual may or may not be provided to all Hiring Managers in all County departments.

For more information and training on the difference between examinations and Selection Interviews, and hiring best practices, staff are encouraged to participate in the “Selection Interviewing” training offered by the LA County University.

Authorities

CSR 7.18 Promulgation and notification of test results

After all the parts of an examination have been completed and scored, an eligible list shall be promulgated…

CSR 10.01 - Eligible lists created

The director of personnel or a designate shall promulgate eligible lists resulting from competitive examination as provided for in Rule 7.18.

Certification Desk Management System (CDMS) Training Manual (Departmental Hiring Manager)

LA County University - Selection Interviewing (workshop)

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No. In accordance with PPG 123 Accredited College Education, “education and degrees must be successfully completed at accredited institutions to be accepted as meeting Civil Service examining filing requirements. To qualify degrees from an institution that is recognized by a regional, national, or international accrediting agency as proof that the college or university is accredited.”

Questions regarding this policy may be directed to the department’s human resources manager or the DHR Policy Section at DHRPolicy@hr.lacounty.gov.

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To ensure that the AP Rater has sufficient knowledge of an employee’s potential to perform successfully in a higher level position, a rater that has not served as an employee’s supervisor for a minimum of six months must consult with an employee’s former supervisor.

There may be situations where a rater has not supervised the employee for a long period of time and the former supervisor is not available to provide input on an AP. The reasons why a former supervisor may be unavailable can include, but are not limited to, a departure from county service or an extended leave of absence. If the former supervisor is unavailable, the former supervisor’s next in the chain of command who is knowledgeable of the employee’s work performance should be consulted.

Raters must certify if they have consulted with a former supervisor and/or the next highest person in the chain of command who Is familiar with the employee’s work in the Appraisal of Promotability Certification and Signatures attachment within PPG-135.

Policies, Procedures, and Guidelines 135

Rater

The present supervisor should complete the recommended AP ratings if he/she has supervised the candidate for the last six months. If an employee has been supervised by the same person for less than six months, the present supervisor must contact the candidate’s previous supervisor to provide performance input to complete the AP. If the previous supervisor is not available, performance input shall be provided by the next person in the chain of command to the previous supervisor who is familiar with the work of the employee

Questions regarding the relevant policies may be directed to your department’s human resources manager or the DHR Policy Section at DHRPolicy@hr.lacounty.gov

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CSR 7.15 and PPG 115 allows eligible veterans to receive an additional 10 points added towards their total passing grade in all open competitive examinations. Eligible veterans include those who were discharged under honorable conditions and served in the armed forces of the United States in a time of war, armed conflict, or were awarded with a campaign or expeditionary medal. Spouses of veterans with service connected disabilities that prevent them from obtaining gainful employment or widows/widowers of a veteran who died in service are also eligible to receive this credit.

According to the U.S. Department of Veteran Affairs, National Guard and Reserve members are not full-time active-duty personnel and, as such, are not typically eligible to receive veteran’s credit. However, if the need arises, members of the National Guard and Reserve may be called upon by the federal government and deployed on active duty.

Once activated by the federal government, individuals who have served in the National Guard or Reserves are only eligible to receive veteran’s credit if they have been honorably discharged and served under the conditions outlined in PPG 115. All applicants interested in qualifying for veteran’s credit must provide proof of their discharge status through a DD 214 form or other acceptable documentation.

Civil Service Rules 7.15

In all open competitive examinations a credit of ten (10) percent of the total credits specified for such examination shall be added to the total passing score of veterans and spouses of veterans, as afforded by Section 36 1/2 of the County Charter.

Policies, Procedures, and Guidelines 115

A veteran’s credit...will be added to the final passing grade of an honorably discharged veteran who served in the Armed Forces of the United States under any of the following conditions:

• During a war; or
• During the period April 28, 1952 through July 1, 1955; or
• For more than 180 consecutive days, other than for training, any part of which occurred after January 31, 1955, and before October 15, 1976; or
• During the Gulf War from August 2, 1990, through January 2, 1992; or
• For more than 180 consecutive days, other than for training, any part of which occurred during the period beginning September 11, 2001, and ending on August 31, 2010, the last day of Operation Iraqi Freedom; or
• In a campaign or expedition for which a campaign medal has been authorized. Any Armed Forces Expeditionary medal or campaign badge, including El Salvador, Lebanon, Grenada, Panama, Southwest Asia, Somalia, and Haiti, qualifies for credit.

Questions regarding the relevant policies may be directed to your department’s human resources manager or the DHR Policy Section at DHRPolicy@hr.lacounty.gov.

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It is theresponsibility of the applicant to clearly demonstrate that the education requirements listed on the job bulletin are satisfied. As stated in PPG 123, an applicant may submit the following acceptable documentation to confirm that they have completed the required education:

• Official college transcript in a sealed envelope or copies thereof
• Official verification stating that the required course work was completed
• Copy of diploma or certificate (presentation of original diploma or certificate will be required prior to appointment)
• Verification of graduation bearing an official seal
• Document from an approved academic credential evaluation agency recognized by the Department of Human Resources
• Notarized copy of educational records
• Official translation of degrees and/or transcripts in English from an agency endorsed by regional, national, or international academic credential accrediting agencies.

If the job bulletin requires that specific coursework must be completed, applicants are required to submit transcripts that confirm completion of the coursework. If a job bulletin requires that a degree must be completed, applicants are required to submit a copy of their diploma or official transcripts that clearly states the degree that was awarded. An applicant may also submit an official verification of graduation document to satisfy a degree requirement.

In accordance with CSR 6.04 (A), an applicant that fails to provide complete education records from an accredited institution may have their application rejected for failing to meet the minimum requirements of the position. Further questions regarding the required education records for a specific examination should be directed at the exam analyst listed on the job bulletin.

Policies, Procedures, and Guidelines 123

Candidates are responsible for providing complete and accurate records of required education to clearly show that they meet the education requirements at the time of filing, during the examination process and/or prior to appointment, as stated in the bulletin.

Civil Service Rule 6.04 - Non-Acceptance of applicant.

The director of personnel, subject to the right of any person aggrieved to appeal to the commission as provided in Rule 4, may refuse to accept an application or to examine an applicant, or may withhold the name of a person from the eligible list or an eligible from certification, or after notice may remove the name of an eligible from the eligible list:

1. Who does not meet the requirements set forth in these Rules or in the bulletin announcing the examination.

For more information about the County’s civil service exam process, please contact DHR’s Countywide Talent Assessment Division (CTAD) at 213-738-2084

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Pursuant to PPG 123 entitled “Accredited College Education,” transcripts should clearly show a degree was conferred. Transcripts may still be accepted if they do not state specific words such as “conferred” “confirmed,” “awarded,” etc., provided the transcript clearly shows a degree was given. Candidates can also submit other documentation showing proof of graduation. Such proof could include an official letter from their college or university, other verification of graduation bearing an official seal, a document from an approved academic credential evaluation agency recognized by DHR, a notarized copy of educational records, or an official translation of degrees or transcripts in English from an agency endorsed by regional, national, or international academic credential accrediting agencies.

All job announcements/bulletins for exams that require a specific degree should state that the applicant should provide a copy of their transcripts clearly showing the degree was conferred. If a department is in doubt as to whether a degree was awarded, the department’s human resources staff may verify if the degree was completed from an accredited institution and/or the candidate’s record of education with the registrar of the college or university.

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A candidate has 15 business days to file an appeal after the postmarked date on the envelope in which the notice of application rejection or examination results was mailed to the candidate or sent electronically.

Civil Service Rule 7.20 – Protests against ratings to the Director of Personnel

If the applicant believes an error has been made in the application of a scoring key, or in the rating given them on any part of the examination, or that any other error has been made, except such as could have been objected to during the key-copy inspection period, the applicant may, within fifteen (15) business days of the notice of test results, make a protest in writing stating specifically where the applicant believes an error has been made; provided, however, that if there has been a key-copy inspection period, no protest may be made against the written questions and key answers which would have been made during the key-copy inspection period. Each protest shall be in writing, shall give facts and reasons to support the protest, and shall include authoritative references or opinions of recognized experts where such exist.

Additional assistance can be directed to the Department of Human Resources Appeals Program, at (213) 738-3934 or eAppeals@hr.lacounty.gov.

Authority

Civil Service Rule 7.20

DHR-PPG 145 - Notices of Application Rejection and Examination Results - Appeal Rights

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No. The alternative Form I-9 procedure now authorized by the Department of Homeland Security is entirely optional, and the existing physical examination process remains valid. In fact, departments must allow any employee who is unable to or unwilling to participate in the alternative process to conduct the verification using the traditional in-person physical examination process.

If the department chooses to offer the alternative procedure to new employees, the department must be consistent and offer the process to all employees. It is unlawful and prohibited to treat employees differently by deciding that only certain employees are eligible or not eligible for remote examination of their documentation based on their citizenship, immigration status, or national origin.

Any questions or assistance related to E-Verify and I-9 Documents may be directed to the DHR Policy Section at DHRpolicy@hr.lacounty.gov.

Additionally, helpful resources related to Form I-9, including the most current version of Handbook for Employers, Guidance for Completing Form I-9 (M-274) revised July 28, 2023, can be found on the I-9 Central site at https://www.uscis.gov/i-9-central.

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Candidates must file their appeal electronically within 15-business days after the postmarked date on the envelope in which the score was mailed to the candidate or the date the electronic notification was sent, using the e-Appeals website at: https://eappeals.lacounty.gov. For technical issues related to online appeal submissions, go to http://apps.hr.lacounty.gov/eAppeal/.

If an accommodation is needed to file an AP appeal due to a disability, candidates can request assistance from the Accommodation Information Request website at https://hr.lacounty.gov/accommodation-request/. Candidates may also contact the DHR Appeals Program (DHR-Appeals) directly at (213) 738-3934 or eAppeals@hr.lacounty.gov.

DHR-Appeals will confirm receipt of the appeal and notify the candidate that an AP appeal meeting will be scheduled between the candidate and the department. After reviewing the appeal, DHR-Appeals staff may request additional documentation from the candidate and/or the department’s HR. At the AP appeal meeting, the candidate will have an opportunity to provide their input as to why the AP should be rated differently. Once the meeting has been conducted, the candidate’s departmental HR will provide their findings directly to DHR Appeals for evaluation. DHR-Appeals staff will then independently review the department’s findings and finalize a response to the candidate and their department’s HR.

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All appeals regarding APs are within the jurisdiction of the Department of Human Resources. Hence, candidates should file their appeals with DHR-Appeals to assist in resolving their concerns with an AP (Civil Service Rule 7.20). You may file your appeal at https://eappeals.lacounty.gov. For technical support related to online appeal submissions, please visit http://apps.hr.lacounty.gov/eAppeal.

In accordance with CSR 7.20, if the candidate/appellant does not obtain a decision from DHR-Appeals within 60-calendar days, or if the candidate/appellant believes the decision rendered by DHR-Appeals is erroneous, the candidate/appellant may, at their discretion, proceed in filing an appeal with the Civil Service Commission (CSC). The appeal must be in writing and should be sent to the following address: Civil Service Commission, Room 522, Kenneth Hahn Hall of Administration, 500 West Temple Street, Los Angeles, California 90012; or by email at pdfsubmission@bos.lacounty.gov. For more instructions on filing an appeal with CSC, please visit http://civilservice.lacounty.gov/.

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It depends.

Civil Service Rule 6.02 requires, in part, that an applicant for a promotional examination must be permanent county employee. However, the rule also provides limited exemptions for certain probationary employees, recurrent or temporary employees who have completed at least 120 working days of satisfactory service, and enrollees in training programs who meet specified conditions. The exemptions must be approved by the director of personnel.

Notably, the rule specifies that employees still in the process of completing probation may be allowed to compete in promotional exams in some cases. However, they may only be appointed to the new position upon completion of their probationary period.

Questions regarding qualifications for specific examinations may be directed to the examinations analyst noted on the job posting.

Civil Service Rule 2.40 - Permanent:
"Permanent" … means the employee has successfully completed an initial probationary period.

Civil Service Rule (CSR) 6.02 - Qualifications for promotional examination
In addition to meeting the requirements of Rule 6.01, an applicant for an interdepartmental promotional examination must be a permanent county employee, and for a departmental promotional examination must in addition have status in the department specified at the time of application submission and must have been employed by such department within 60 calendar days of the promotional appointment.

The director of personnel may also allow the following to compete in promotional examinations whenever such action is deemed necessary in order to meet the needs of county service (and specified conditions are met): Probationary employees; recurrent or temporary employees and certain enrollees in training programs.

PPG 150 – Eligible Lists, Eligible Registers, and Certification Lists
Employees are allowed to compete for promotional examinations so long as they are within six months of meeting the minimum/selection requirements. By completing the examination process, the applicant’s name is allowed to be placed on an Eligible List or Eligible Register, (with a note about their eligibility date).However, until that date, the candidate is not allowed to be considered for appointment, and thus cannot be included on any Certification Lists that might be generated.

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Candidates for positions that require a minimum typing proficiency must successfully complete a timed typing test designed to measure speed and accuracy in typing, in accordance with the instructions on the job postings. Most departments opt to use the Department of Human Resources’ (DHR) Score-Banking Typing Test. This timed test calculates the candidate’s final score based on the total number of keystrokes, time taken, and number of errors made when typing, which collectively shows their typing proficiency.

Candidates can take the DHR offered typing test multiple times. Candidates' most recent typing test scores will supersede all previous scores unless a passing score of 40 words-per-minute (the standard requirement for most typing positions in the County) has been rendered. Scores obtained through the DHR Score-Banking Typing Test will be ‘banked’ and applied to future examinations with a typing requirement.

Candidates and prospective candidates can participate in DHR’s Score-Bank Typing Test at any time when available through the County’s online job application portal at https://www.governmentjobs.com/careers/lacounty (search for ‘Typing Test’).

Civil Service Rule 6.01 - Qualifications for examinations

In order to qualify for examination, a candidate must:

A. Meet all general requirements pertaining to filing applications for positions in the classified service as prescribed in these Rules;

B. Meet such additional requirements as are specified for the particular examination, including, but not limited to education, experience, license, age, residence, sex, physical condition, or the passing of appropriate qualifying tests;

C. File an application in accordance with established procedures.

Civil Service Rule - 2.25 Examination

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

For more information about the County’s civil service exam process, please contact DHR’s Countywide Talent Assessment Division (CTAD) at 213-738-2084 or email DHRClericalExams@hr.lacounty.gov.

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No. In fact, there is no authority that requires any candidate to be interviewed at all.

All appointments to classified positions must be made from ‘reachable’ candidates who passed the civil service examination (i.e., the highest scoring groups on an eligible list).

Reachable candidates have all successfully demonstrated the necessary eligibility for the classification through the examination process and may be considered for appointment.

Hiring departments may choose from a variety of selection processes to find the best candidate for the position from this list. This may include:

Canvassing all reachable applicants for interest.

Canvassing the Certification List using applications and/or resumes to select reachable applicants for interviews based on the unique qualifications needed for the position compared to other positions in the classification (e.g., experience working with select populations, specialized training, or degree).

Selecting a batch of reachable applicants (e.g., 8-10) to invite them to interview. This can be repeated until the vacancy is filled. This process is primarily recommended for positions with minimal distinguishing characteristics, and large numbers of reachable applicants.

Selecting reachable applicant(s) without canvassing.

Whichever way they proceed, hiring departments must further merit system principles by ensuring the selected canvass method and final appointment are based on, and supported by, job-related criteria.

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Transfer opportunity announcements are restricted to County employees who currently hold or have held the payroll title of the classification (or similar classifications of the same rank/level of difficulty and responsibility in job duties, and grade). Hence, transfer opportunities usually involve a lateral transfer to a position of the same job title or the transfer to a similar position in another department. Typically, transfer opportunities require the submission of required documents (e.g., resume, cover letter, recent performance evaluations, etc.) directly to the hiring department.

Promotional opportunity postings (i.e., interdepartmental or departmental) are also restricted to current County employees. However, such opportunities require the formal filing of an application on the official County HR platform, with candidates subsequently participating in an official competitive examination process. The final results of the examination allow successful candidates to be ranked in groups/bands according to their score.

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Once DHR-Appeals notifies the department that an AP appeal has been filed, it is the department’s responsibility to ensure the AP appeal meeting is scheduled and Appeal Report Form is completed and submitted to DHR within 20-calendar days. This allows DHR-Appeals staff the necessary time to review the department’s findings and finalize their response to the appeal. Timely departmental review of AP appeals ensures departments are aware of relevant information that may impact an employee’s examination score. Such timely review and submission to DHR may resolve the AP appeal more quickly.

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Central employment files consist of three formal files: the Official Employee Personnel Folder, Official Employee Accident/Medical Folder, and the Payroll File. According to PPG 210- Employment Files, all information related to the employee’s performance, work history, biography, training or achievement, etc. should be included into the employee’s Official Personnel Folder. PPG 210- Employment Files outlines additional documentation and forms that should and should not be uploaded in Official Personnel Folder, such as medical information, grievances, investigation reports, etc.

Employees may request that materials be added to their personnel files to demonstrate their work quality, professional skills, and training, even if the documentation is provided by a non-County entity. Proof of job-related information, such as trainings, activities, and education, can be added to the employment file at the discretion of management. Departments are encouraged to grant requests to add documentation that benefits employees, such as professional development certifications, recognition for service excellence, etc. If such documentation stems from external agencies, management is advised to verify the validity of documentation before adding it to the Official Personnel File.

As a reminder, PPG 210- Employment Files expressly states that employees should not be allowed access to information received from a third-party upon condition of confidentiality, such as information provided by a former employer during a background investigation. It is best practice for these types of documents to be sealed, filed in a different folder, and/or removed prior to allowing employee access to view Official Personnel Folder. It is management’s responsibility to preserve and maintain third-party rights to confidentiality.

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PPG 210- Employment Files

“This Human Resource Policy provides uniform guidelines for the organization, transfer, confidentiality, retention, and other requirements for central employment files. The guidelines are provided to encourage standardization. Departments may, however, continue their present practices regarding the content and placement of materials in employment files, or establish new ones, as long as they adhere to the basic elements of these guidelines and to applicable legal requirements”

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All County employees, except those without United States citizenship status, may be called on as Disaster Service Workers (DSWs). California Government Code Sec. 3102, and PPG 230 Oath or Affirmation or Allegiance and Deputization requires that requires all Disaster Service Workers take an oath of affirmation prior to beginning their work assignments. The purpose of this oath is to ensure authorized County employees understand their responsibilities as public employees and as Disaster Service Workers. Once this form is acknowledged and signed, the employee is now under oath as a DSW.

Departments are to administer the oath or affirmation of allegiance by asking the employee to do the following:

1. Read and subscribe to the following oath or affirmation of allegiance:

"I, EMPLOYEE'S NAME, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter."

2. Complete and sign an oath or affirmation of allegiance card (Form 76-0-101) BEFORE beginning performance of their duties. The oath or affirmation of allegiance card cannot be altered; it must be signed as written in accordance with Section 3 of Article XX of the Constitution of California.

As DSWs, County employees may be called upon to provide managerial, logistical, administrative, and hand-on support for Disaster Assistance Centers (DAC) (i.e., FEMA, Red Cross), County departments and/or emergency organizations. Some of the duties may include, but are not limited to, packing food boxes, registering shelter evacuees, transporting people & supplies, serving as a translator, assisting at vaccination sites, etc.

County employees acting as DSW are required to take the Oath (as described above) and complete DSW training in the Learning Link. The training is about 30 minutes and is filled with valuable information for the future DSW to obtain. The training also consists of an acknowledgment form that will need to be completed by the employee as well.
Employees who are not citizens of the United States may volunteer to serve as a DSW but can not be compelled to serve.

For more Disaster Service Worker information please visit: California Government Code Sec. 3100, PPG 230 Oath or Affirmation or Allegiance and Deputization, and County Code 2.68 - Emergency Services

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California Government Code 3100 mandates that all county employees, except legal aliens, serve as disaster service workers. As disaster service workers, all county employees, excluding legal aliens, are required to take the oath of allegiance prior to the start of employment. An employee is considered a legal alien if they are legally employed but not a citizen of the United States.

In accordance with PPG 230, an oath of allegiance card must be completed and signed by both the employee taking the oath and the officer administering the oath. Either an original or copy of the card must be placed in the employee’s personnel file and retained for five years after termination of County service. All former County employees that are rehired after a break in service that exceeds one year are required to sign a new oath of allegiance card.

California Government Code

3100: All public employees are hereby declared to be disaster service workers subject to such disaster service activities as may be assigned to them by their superiors or by law.

3101: The term “public employees” includes all persons employed by the state or any county, city, city and county, state agency or public district, excluding aliens legally employed

Policies, Procedures, and Guidelines 230

The California Constitution requires that all elected officers, department heads, deputies, judges, judicial officers and public employees take and subscribe to the oath or affirmation of allegiance before assuming office.

Each department shall administer the oath or affirmation of allegiance to all County employees, excluding legal aliens.

Civil Service Rule 6.04

The director of personnel, subject to the right of any person aggrieved to appeal to the commission as provided in Rule 4, may refuse to accept an application or to examine an applicant, or may withhold the name of a person from the eligible list or an eligible from certification, or after notice may remove the name of an eligible from the eligible list:

Who refuses to execute the oath as prescribed by law.

Questions regarding the relevant policies may be directed to your department’s human resources manager or the DHR Policy Section at DHRPolicy@hr.lacounty.gov

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Yes. According to PPG 513 and CSR 20.10, requests for references made by prospective employers, either within the County or from an outside agency, must include a signed consent from the employee to authorize the release of their information.

Information that is provided about a current or former employee during a reference check is typically limited to the position(s) held, dates of employment, and salary received. If the employee signs a release, the Department may provide additional information that is specifically stated in the release. The release must be maintained in the employee’s personnel file. The Department must document and retain the details of the reference provided.

Policies, Procedures, and Guidelines 513

All requests for references must either contain or be preceded by the employee’s signature authorizing the County to release their prior or current information.

When prospective employers request references authorized by past or current employers, the following employee information may be shared:

• Employing department
• Classification title
• Employment status (permanent, temporary, probationary, etc.)
• Salary (and/or step placement)
• Length of employment, including start dates and separation dates
• Reason(s), if any, for separation

Civil Service Rule 20.10

In all departments, the records, reports and other data relating to employee performance shall be open at all times to the inspection of the commission, the director of personnel, and the employee concerned, and/or the employee's authorized representative. Such authorization must be in writing.

Questions regarding the relevant policies may be directed to your department’s human resources manager or the DHR Policy Section at DHRPolicy@hr.lacounty.gov.

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Yes, under the Fair Labor Standards Act (FSLA), an employee’s residential address is a required record that must be retained for three years. PPG 210 and the County Fiscal Manual indicate that an employee’s current residential address must be included in the employee’s personnel and payroll file.

The guidelines for employment files are provided to ensure standardization across departments and adherence to legal requirements. Departments are required to maintain confidentiality of employee records by authorizing access only to those individuals that have a need to review the files.

Interpretative Manual

Required Records

The FLSA requires that the following records be kept for three years for each covered employee; data in e-HR meet these requirements:

2. Home address, including zip code

Policies, Procedures, and Guidelines 210

Personnel File

The Official Employee Personnel Folder (Form 76E 527 11/80) contains the following documents/information:

4. Current home address and telephone number

Fiscal Manual 3.1.10

Payroll Records Controls

The following items (or copies thereof) must be maintained in each employee's payroll file, unless entered and maintained online through Employee Self-Service (ESS) as indicated.

C. Current home address and phone number (maintained via ESS)

Questions regarding the relevant policies may be directed to your department’s human resources manager or the DHR Organizational and Employee Development Division, at (213) 738-2128 or (213) 738-2111

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Chapter 3 – eHR Payroll and Human Resources of the County Fiscal Manual is the authority for payroll files.

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PPG 210 indicates that the Form I-9 is to be maintained in the personnel file of all employees. When an employee transfers between different county departments, the leaving department must provide the employee’s personnel file, including the Form I-9, to the receiving department within ten business days of the employee moving departments.

According to PPG 510, a new Form I-9 should not be completed for a county employee that is transferring from another county department, except for situations in which the employee was initially hired after November 6, 1986 and a Form I-9 was not completed.

Policies, Procedures, and Guidelines 210

Personnel File

The Official Employee Personnel Folder (Form 76E 527 11/80) contains the following documents/ information…

3. INS form 1-9

Transfer of Employment Files

The “leaving department” must transmit the employee’s personnel file and accident/medical file (if any) to the receiving department within ten business days of the employee’s transfer.

The leaving department should obtain a receipt verifying that the transmitted files were received by the new department.

Policies, Procedures, and Guidelines 510

Do not complete Form I-9 for a County employee who transferred from another county, department, unless the original hire date was after November 6, 1986 and no Form I-9 is on file. The Departmental I-9 coordinator or a designated personnel staff on the day of discovery, must have the employee complete section 1 of Form 1-9 version dated August 7, 2009 or a subsequent version.

Questions regarding the relevant policies may be directed to your department’s human resources manager or the DHR Organizational and Employee Development Division, at (213) 738-2128 or (213) 738-2111

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In accordance with Civil Service Rule 20.04 A(4), when a department issues an Improvement Needed rating, a new evaluation must be issued within six months from the date the employee was served the Improvement Needed evaluation.

Generally, departments should only extend the length of the new evaluation period beyond six months if the employee was on an approved leave during the original six-month rating period. Under certain circumstances, the Improvement Needed period may be extended with the approval of the Director of Personnel. Such extensions should not exceed the length of the approved leave or the last day of the Director of Personnel approved rating period. Inappropriate extensions may lead to delays in disciplinary actions.

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What options do employees have to contest an unsatisfactory probationary performance evaluation?

In accordance with Civil Service Rule 18, probationary employees have the right to appeal the results of a probationary discharge or reduction to the Director of Personnel.

When an employee fails their probationary period (i.e., receives an unsatisfactory rating), they will be notified of the final rating and be provided with a written notice of the resulting reduction or discharge from County service. This notice will contain information about how to file an appeal of the rating and subsequent action to the Department of Human Resources (DHR).

The DHR-Appeals Program must receive the appeal at https://eappeals.lacounty.gov within 10 business days from the date in which the notice was mailed or hand-delivered to the probationary employee.

Individuals can submit an appeal and find out more information about the appeals process online at https://eappeals.lacounty.gov. A helpful guide on this process can be found in the FAQ tab.

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Civil Service Rule 18.07 – Notice to Probationer

"The probationer may, within 10 business days or the mailing or hand delivery to him/her of the notice of discharge or reduction, file an appeal with the director of personnel [DHR]. Such an appeal must be in writing and shall contain specific, detailed information upon which the appeal is based. The director of personnel shall determine whether or not to consider the appeal, or whether or not the discharge or reduction is justified."

PPG 220 – Notice Requirements for “Unsatisfactory” Performance Evaluations at the End of Improvement Needed and Probationary Periods

“A probationer who has failed to demonstrate competent performance must receive notification…in the form of a performance evaluation with an overall rating of Unsatisfactory and an “action” letter of discharge or reduction…The discharge or reduction letter must also include a statement regarding the employee’s right to file an appeal with the Director of Personnel within ten business days from the mailing or hand delivery of the notification.”

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The Department of Human Resources (DHR) offers extensive employee development and training services and programs led by DHR’s Workforce and Employee Development (WED) division. Goals for the employee development program are to “elevate understanding, awaken innovation, and build employees’ capacity for career success.” To that end, DHR-WED has listed County provided trainings and related information on its website at: https://employee.hr.lacounty.gov/development-2/. Currently available webinars and associated enrollment information is also available on WED’s Webinar Training Catalog.

Trainings offered cover a wide variety of topics related to customer service, team building, coaching for performance improvement, employment law, and several others designed to build employees’ current knowledge base. Training (depending on the subject) is also presented in multiple formats including live webinars, instructor-led workshops, and online training inclusive of classes offered through Udemy Learning.

The site also includes additional information on the County’s ongoing training and development initiatives such as the Leadership Development Institute dedicated to training new and experienced management personnel, Administrative Intern and Management Fellow Programs, and offers career planning tools such as a Job Search and Resume Guide to assist all County employees in enhancing their development to meet their career goals.

Questions on the County’s employee development programs may be directed to DHR-WED at DHR-WEDTraining@hr.lacounty.gov.

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Yes! County employees can request a copy of their personnel file. In fact, most County personnel files are digitized and available at any time through the MyLACounty Workplace website which can be accessed at https://ewp.lacounty.gov/workplace/ .

In addition, PPG 210 related to Employment Files also requires that employees be given “reasonable access” to their employment files.

For specific information on your department’s policies and practices related to digitization of or access to your personnel file, contact your Departmental Human Resources Manager.

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Yes. California Labor Code, Section 1198.5 provides every current and former employee (or employee’s representative) the right to inspect and receive copies of their personnel records relating to their performance or to any grievances that relate to them.

(a) Every current and former employee, or his or her representative, has the right to inspect and receive a copy of the personnel records that the employer maintains relating to the employee’s performance or to any grievance concerning the employee.

The Labor Code very clearly specifies that this right extends to former employees as well as current ones. However, it should be noted that the County’s records retention policy for administrative records only extends to 5-7 years from the individual’s last date of employment, after which point the personnel file may no longer be available.

In addition, some parts of the personnel file may be exempt from its disclosure requirements and may be redacted by the employer (e.g., letters of reference retained in the personnel file). Please reference CA Labor Code § 1198.5 and PPG 210 – Employment Files for further details.

Questions about how to retain a copy of an employee’s personnel file should be directed to their department’s Human Resources team.

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All County employees, except those without United States citizenship status, may be called on as Disaster Service Workers (DSWs). California Government Code Sec. 3102, and PPG 230 Oath or Affirmation or Allegiance and Deputization requires that requires all Disaster Service Workers take an oath of affirmation prior to beginning their work assignments. The purpose of this oath is to ensure authorized County employees understand their responsibilities as public employees and as Disaster Service Workers. Once this form is acknowledged and signed, the employee is now under oath as a DSW.

Departments are to administer the oath or affirmation of allegiance by asking the employee to do the following:

1. Read and subscribe to the following oath or affirmation of allegiance:

"I, EMPLOYEE'S NAME, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter."

2. Complete and sign an oath or affirmation of allegiance card (Form 76-0-101) BEFORE beginning performance of their duties. The oath or affirmation of allegiance card cannot be altered; it must be signed as written in accordance with Section 3 of Article XX of the Constitution of California.

As DSWs, County employees may be called upon to provide managerial, logistical, administrative, and hand-on support for Disaster Assistance Centers (DAC) (i.e., FEMA, Red Cross), County departments and/or emergency organizations. Some of the duties may include, but are not limited to, packing food boxes, registering shelter evacuees, transporting people & supplies, serving as a translator, assisting at vaccination sites, etc.

County employees acting as DSW are required to take the Oath (as described above) and complete DSW training in the Learning Link. The training is about 30 minutes and is filled with valuable information for the future DSW to obtain. The training also consists of an acknowledgment form that will need to be completed by the employee as well.
Employees who are not citizens of the United States may volunteer to serve as a DSW but can not be compelled to serve.

For more Disaster Service Worker information please visit: California Government Code Sec. 3100, PPG 230 Oath or Affirmation or Allegiance and Deputization, and County Code 2.68 - Emergency Services

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Yes. According to PPG 513 and CSR 20.10, requests for references made by prospective employers, either within the County or from an outside agency, must include a signed consent from the employee to authorize the release of their information.

Information that is provided about a current or former employee during a reference check is typically limited to the position(s) held, dates of employment, and salary received. If the employee signs a release, the Department may provide additional information that is specifically stated in the release. The release must be maintained in the employee’s personnel file. The Department must document and retain the details of the reference provided.

Policies, Procedures, and Guidelines 513

All requests for references must either contain or be preceded by the employee’s signature authorizing the County to release their prior or current information.

When prospective employers request references authorized by past or current employers, the following employee information may be shared:

• Employing department
• Classification title
• Employment status (permanent, temporary, probationary, etc.)
• Salary (and/or step placement)
• Length of employment, including start dates and separation dates
• Reason(s), if any, for separation

Civil Service Rule 20.10

In all departments, the records, reports and other data relating to employee performance shall be open at all times to the inspection of the commission, the director of personnel, and the employee concerned, and/or the employee's authorized representative. Such authorization must be in writing.

Questions regarding the relevant policies may be directed to your department’s human resources manager or the DHR Policy Section at DHRPolicy@hr.lacounty.gov.

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PPG 210 indicates that the Form I-9 is to be maintained in the personnel file of all employees. When an employee transfers between different county departments, the leaving department must provide the employee’s personnel file, including the Form I-9, to the receiving department within ten business days of the employee moving departments.

According to PPG 510, a new Form I-9 should not be completed for a county employee that is transferring from another county department, except for situations in which the employee was initially hired after November 6, 1986 and a Form I-9 was not completed.

Policies, Procedures, and Guidelines 210

Personnel File

The Official Employee Personnel Folder (Form 76E 527 11/80) contains the following documents/ information…

3. INS form 1-9

Transfer of Employment Files

The “leaving department” must transmit the employee’s personnel file and accident/medical file (if any) to the receiving department within ten business days of the employee’s transfer.

The leaving department should obtain a receipt verifying that the transmitted files were received by the new department.

Policies, Procedures, and Guidelines 510

Do not complete Form I-9 for a County employee who transferred from another county, department, unless the original hire date was after November 6, 1986 and no Form I-9 is on file. The Departmental I-9 coordinator or a designated personnel staff on the day of discovery, must have the employee complete section 1 of Form 1-9 version dated August 7, 2009 or a subsequent version.

Questions regarding the relevant policies may be directed to your department’s human resources manager or the DHR Organizational and Employee Development Division, at (213) 738-2128 or (213) 738-2111

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No, reverification is not required for expired Form I-551 (Alien Registration Receipt Cards/Permanent Resident Cards, which are also known as Green Cards). Additionally, reverification is never required for the following:

• U.S. citizens or noncitizen nationals
• Expired U.S passports
• Expired U.S. passport cards
• Expired List B documents

For more information about E-Verify or Form I-9, please contact DHR’s Human Resources Policy Section at DHRPolicy@hr.lacounty.gov.

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Employers may accept documents with a different name than the name entered in Section 1 of Form I-9 as long as the document reasonably relates to the employee. The employer must attach a brief memo to the employee’s Form I-9 stating the reason for the name discrepancy, along with any supporting documentation the employee provides.

An employee may provide documentation to support a name change but is not required to do so. If the employer determines that the document containing a different name does not reasonably appear to be genuine and to relate to the employee, the employer may ask the employee to provide other documents from the List of Acceptable Documents on Form I-9.

For more information about E-Verify or Form I-9, please contact DHR’s Policy Section at DHRPolicy@hr.lacounty.gov.

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Telework participation is at the discretion of the department and employees must receive approval from their department management in order to begin a routine telework arrangement. In addition, all County teleworkers and their supervisors must complete the required trainings and documentation before the employee begins working remotely. This including completing the County Teleworker Training and the Telework Time Code Training, if required by the department.

The employee must also sign and return the Telework Agreement Form, which outlines their understanding of all program expectations.

A list of all recommended and required steps needed before beginning a new telework arrangement can be found in the Telework Supervisor’s Checklist. More information about the Countywide Telework Program can be obtained by visiting https://employee.hr.lacounty.gov/telework-2 or by contacting the DHR Workplace Programs Division at telework@hr.lacounty.gov.

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County of Los Angeles, Department of Human Resources (DHR) Policies, Procedures, and Guidelines (PPG) 514, Designation of Sensitive Positions and Conviction History Assessments, and PPG 524, Live Scan Procedures address this subject.

The purpose of these policies and procedures is to provide guidelines to departments regarding access to conviction history information in connection with employment and placement in sensitive positions. In 2013, the Board of Supervisors passed a motion to include volunteers and contractors in the Live Scan process. Volunteers and contract personnel who will have sensitive position assignments are subject to the conviction background check process, including the need for a Live Scan. Further, the policies provide examples of the types of volunteer position assignments that would meet a sensitive position designation. Note: All volunteers who work less than three (3) days for each event or period of service are exempt from the Live Scan process.

Questions regarding the policy should be directed to the DHR, HR Departmental Support Division, at (213) 351-8945.

Questions regarding Live Scan or Conviction History Assessments should be directed to DHR’s Impact and Compliance Division, Central Live Scan Unit, at (213) 817-2598.

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County of Los Angeles, Department of Human Resources (DHR) Policies, Procedures, and Guidelines (PPG) 520, Workplace Posters addresses this subject. The intent of this policy is to provide information regarding the mandatory federal, State, and County workplace postings required of the County as an employer. These postings are mandated to generally inform employees of their rights and benefits regarding employment, health, and safety within the County.

Each County department must visibly display and maintain all workplace postings mandated by federal and State laws and regulations, and by the County. Failure to comply with workplace posting requirements could result in citations or fines from the State and federal government.

Unless otherwise specified, at least one set of notices must be posted in each establishment in a conspicuous place where notices to employees are customarily posted. Conspicuous places may include, but are not limited to, employee lunchrooms, waiting rooms, or areas where members of the public go to seek County employment such as lobbies. Departments may also elect to email notices to staff or display the required postings on internal or external websites, but this does not alter the requirement to physically post the notices in each facility/workplace.

Please refer to the policy for links to all standard posting materials and the checklist of mandatory workplace postings. In addition to the general requirements provided in the policy, departments must take care to identify any additional workplace postings specific to their facilities, functions, or occupations (e.g. safety notices for employees working with hazardous materials).

Questions regarding this policy may be directed to your department’s human resources manager or the DHR Policy Section at DHRPolicy@hr.lacounty.gov.

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County of Los Angeles, Department of Human Resources (DHR) Policies, Procedures, and Guidelines (PPG) 520, Workplace Posters addresses this subject. Refer to Appendix A for a checklist of required workplace postings and Appendix B for further details and source links for each posting.

The intent of the policy is to provide information regarding the mandatory federal, State, and County workplace postings required of the County as an employer. These postings are mandated to generally inform employees of their rights and benefits regarding employment, health, and safety within the County. Each County department must visibly display and maintain all workplace postings mandated by federal and State laws and regulations, and by the County. Failure to comply with workplace posting requirements could result in citations or fines from the State and federal government.

Please refer to the specific guidelines and procedures in the policy for posting materials.

Questions regarding this policy may be directed to the department’s human resources manager or the DHR Policy Section at DHRPolicy@hr.lacounty.gov

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County of Los Angeles, Department of Human Resources (DHR) Policies, Procedures, and Guidelines (PPG) 520, Workplace Posters addresses this subject.

Each County department is responsible for ensuring all workplace postings mandated by federal and State laws and regulations, and by the County are displayed, maintained, and clearly visible. Failure to comply with workplace posting requirements could result in citations or fines from the State and federal government.

Departments must post at least one set of notices in each establishment where employees typically report to work. Establishment in the context of the policy is defined as a single physical location where business is conducted or where services or operations are performed. This includes locations such as construction worksites and recreational areas staffed by County employees.

Each department shall ensure that postings are not altered, defaced, or covered by other materials. The notices are to be posted in a conspicuous place where notices to employees are customarily posted, unless otherwise noted in the laws and regulations governing the poster requirement. Conspicuous places must be accessible and may include, but are not limited to, employee lunch rooms, waiting rooms, or lobbies.

In addition to the mandatory workplace postings required of all departments, federal and State statutes and regulations may require additional postings that apply only to certain departments, functions, or occupations, for example, safety notices for employee working with hazardous materials.

Please refer to the specific guidelines and procedures in the policy for posting materials.

Questions regarding this policy may be directed to the department’s human resources manager or the DHR Policy Section at DHRPolicy@hr.lacounty.gov.

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Yes. County of Los Angeles, Department of Human Resources (DHR) Policies, Procedures, and Guidelines (PPG) 514, Designation of Sensitive Positions and Conviction History Assessments, and PPG 524, Live Scan Procedures address this subject.

PPG 514 provides guidelines to departments regarding access to conviction history information in connection with employment and placement in sensitive positions. PPG 524 provides guidelines regarding the administration of the electronic fingerprint process known as Live Scan and the County’s authority to access local, State, and federal summary conviction history information through that process.

These policies list the following positions exempt from a conviction history background checks, including a Live Scan:

• Compensated election personnel who work less than three (3) days per election.

• Minors under the age of 14; and at the discretion of the appointing power, minors 14 years of age and older who work under constant supervision of a permanent County employee.

• All volunteers who work less than three (3) days for each event or period of service.

• Elected officials.

Questions regarding these policies should be directed to the DHR Policy Section at DHRPolicy@hr.lacounty.gov. Questions regarding Live Scan or Conviction History Assessments should be directed to DHR’s Impact and Compliance Division, Central Live Scan Unit, at (213) 817-2598.

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The criteria for assessing and evaluating an applicant’s or employee’s conviction information is found in Countywide Policies, Procedures, and Guidelines (PPG) 514, Designation of Sensitive Positions and Conviction History Assessments. PPG 514 provides guidelines to departments regarding access to conviction history information in connection with employment and placement in sensitive positions.

Please know that criminal history information is obtained and reviewed following a conditional offer of employment. Persons with convictions may still be placed in a sensitive position for which they qualify. The County evaluates the information to determine whether there is a connection between the conviction(s) and the position sought. Each case should be individually assessed and evaluated. The factors considered by the County include, but are not limited to:

• Nature and gravity of the conviction;
• Time that has passed since the conviction and completion of the sentence;
• The facts or circumstances surrounding the conviction;
• Nature of job held or sought;
• The number of offenses for which the individual was convicted;
• Evidence showing the applicant performed similar type of work after the conviction with no known incidents of additional criminal conduct;
• The length and consistency of employment history before and after the conviction;
• Evidence of rehabilitation (e.g., education, training, or other evidence of rehabilitation) by the applicant;
• Employment or character references and any other information regarding fitness for the particular position;
• Evidence challenging the accuracy of the conviction history report that forms the basis for rescinding a conditional offer of employment; and
• The level of potential risk and impact posed to the department, the County, and members of the public based on the individual’s documented conviction history when compared to mitigating factors.

Questions regarding Conviction History Assessments should be directed to DHR’s Impact and Compliance Division, Central Live Scan Unit, at (213) 817-2598.

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County policies clearly state that except for a very limited number of positions, applicants will not be asked to provide information about conviction history until after a department has made a conditional offer of employment. Following the results of a pre-employment background check, when applicable, the County will make an individualized assessment of whether the conviction history has a direct or adverse relationship with the specific duties of the job applied for.

Only a small amount of County positions that are required by law to conduct a conviction history background check or are required to restrict employment based on conviction history (e.g. criminal justice roles, child welfare services) may ask for conviction history information on the employment application form.

The following policies provide a more in-depth description of the County's conviction history review process:

• County of Los Angeles, Department of Human Resources (DHR) Policies, Procedures, and Guidelines (PPG) 514, Designation of Sensitive Positions and Conviction History Assessments, provides guidelines to departments regarding access to conviction history information in connection with employment and placement in sensitive positions.

• County of Los Angeles, Department of Human Resources (DHR) Policies, Procedures, and Guidelines (PPG) 524, Live Scan Procedures provides guidelines regarding the administration of the electronic fingerprint process known as Live Scan and the County’s authority to access local, State, and federal summary conviction history information through that process.

More information about the County's Fair Chance hiring practices and links to additional resources can be found at https://hr.lacounty.gov/fairchanceemployer.

Questions regarding Live Scan or Conviction History Assessments should be directed to DHR’s Impact and Compliance Division, Central Live Scan Unit, at (213) 817-2598.

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The specific steps for departments to follow when conducting conviction history assessments and reassessments are identified in County of Los Angeles, Department of Human Resources (DHR) Policies, Procedures, and Guidelines (PPG) 514, Designation of Sensitive Positions and Conviction History Assessments.

PPG 514 outlines a uniform process for departments to assess conviction history information in connection with the specific position the individual applied for. Evidence of a conviction does not automatically disqualify applicants from employment - departments must conduct an individual assessment to determine whether the conviction has a nexus to the position and potential mitigating factors, such as age at the time of the offense, length of time since the conviction, risk to the department, evidence of rehabilitation, etc. The Individual Conviction Assessment/Reassessment Form provided in the policy (PPG 514 - Attachment A), offers a standard process for departments to use to document and assess an applicant's conviction history and individual circumstances.

Following the department's initial determination, applicants have the right to request a reassessment and submit additional information for the department's evaluation. A depiction of the assessment process is provided below.

More information about the County's Fair Chance hiring practices and links to additional resources can be found at https://hr.lacounty.gov/fairchanceemployer.

Questions regarding Conviction History Assessments should be directed to DHR’s Impact and Compliance Division, Central Live Scan Unit, at (213) 817-2598.

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Countywide Policies, Procedures, and Guidelines (PPG) 514, Designation of Sensitive Positions and Conviction History Assessments, and PPG 524, Live Scan Procedures address the County's background check process.

Only applicants who have been extended a conditional offer for a designated sensitive position will be subject to the County’s conviction history background check, which is conducted through the Live Scan fingerprinting process. Each department is responsible for identifying and maintaining a roster of sensitive positions based on the unique functions of their jobs and the needs of the organization.

Positions that are likely to be designated for conviction background checks include:

• Positions involving the care and oversight of others
• Positions with direct and indirect access to funds
• Positions requiring state and/or professional licensing
• Positions with access to drugs or narcotics
• Positions with access to confidential or classified information
• Positions involving care or oversight of property

Questions regarding the designation of sensitive positions requiring background checks should be directed to DHR’s Impact and Compliance Division, Central Live Scan Unit, at (213) 817-2598.

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County of Los Angeles, Department of Human Resources (DHR) Policies, Procedures, and Guidelines (PPG) 514, Designation of Sensitive Positions and Conviction History Assessments, and PPG 524, Live Scan Procedures address this subject.

The purpose of these policies and procedures are to provide guidelines to departments regarding access to conviction history information in connection with employment and placement in sensitive positions. In 2013, the Board of Supervisors passed a motion to include volunteers and contractors in the Live Scan process.

Volunteers and contract personnel who will have sensitive position assignments are subject to a Live Scan and the background check procedures identified in the policies. The steps include an individualized assessment of conviction history information and notice to an applicant regarding the assessment/reassessment, as it relates to the conditional offer of employment.

Note: All volunteers who work less than three (3) days for each event or period of service are exempt from the Live Scan process.

Questions regarding these policies should be directed to the DHR Policy Section at DHRPolicy@hr.lacounty.gov.

Questions regarding Live Scan or Conviction History Assessments should be directed to DHR’s Impact and Compliance Division, Central Live Scan Unit, at (213) 817-2598.

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Federal and State law, as well as County policy, requires certain workplace posted to be visibly displayed at County facilities and worksites. Guidelines for adhering to these workplace posting requirements are provided in Countywide Procedures, and Guidelines (PPG) 520, Workplace Posters.

The standard procedures all departments must follow to remain in compliance with workplace posting requirements include:

1. Identify and inventory current locations where the department displays all mandatory workplace postings.

2. Verify that posting locations are designated at every establishment where employees work regularly and that the location is conspicuous and easily accessible.

3. Verify that a bulletin board or other area for posting is available in locations that are accessible to the public for viewing applicable posting notices.

4. Review Appendix A and Appendix B (which accompany PPG 520) to verify that all required notices are posted at each establishment within your department. Ensure that all posted notices are in the current version.

5. Ensure that any additional department-specific workplace postings are posted. Appendix C (which accompanies PPG 520) is available as a reference to various agencies for employment law information.

6. Ensure that employment postings containing blank boxes or lines to be filled in by employers are completed with the appropriate information.

7. Continually review employment laws and replace any outdated employment postings. Posting requirements may change as new laws and regulations are implemented, current laws and regulations are modified, or new versions of posters are issued.

Questions regarding this policy may be directed to your department’s human resources manager or the DHR Policy Section at DHRPolicy@hr.lacounty.gov.

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Yes. Failure to comply with workplace posting requirements could result in citations or fines from the State and federal government. Noncompliance in one facility could potentially trigger an audit of all County facilities.

Countywide Policies, Procedures, and Guidelines (PPG) 520, Workplace Posters states that each County department must visibly display and maintain all workplace postings mandated by federal and State laws and regulations, and by the County. The specific guidelines and procedures for posting materials and the checklist of mandatory workplace postings are found in the policy.

It is the County's priority to ensure that all required workplace posters are displayed in a conspicuous and easily accessible location in each facility and work location. This not only is in compliance with State and federal requirements but also guarantees that our workforce is properly informed of their rights, benefits, and available resources.

Questions regarding this policy may be directed to your department’s human resources manager or the DHR Policy Section at DHRPolicy@hr.lacounty.gov.

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An employee needs to wait 180 days from his/her date of retirement before returning to work on a temporary basis except under the following conditions:

1. The hiring department can certify it is necessary to fill a critically-needed position and the hiring has been approved by the Board of Supervisors in a public meeting. The appointment may not be placed on a consent calendar.

2. The retiree is a public safety officer or firefighter and is returning to perform public safety officer or firefighter duties.

Note: In both exceptions (a) and (b), a member who retires before reaching the Normal Retirement Age as indicated in the table below must wait 90 days from the date of retirement before commencing any temporary employment with the County in order to demonstrate a bona-fide separation of service as required by Internal Revenue Service (IRS) regulations. The 90-day break must be continuous. These IRS regulations must be met in addition to the California Public Employees’ Pension Reform Act (PEPRA) of 2013 requirements.

Pursuant to the IRS, the act of retirement requires a “bona-fide” separation from County service (i.e., an active employee must actually leave employment prior to receiving LACERA retirement benefits) before returning to work up to 960 hours (120 days) per fiscal year.

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Pursuant to Civil Service Rule (CSR) 12.01(A), a County employee in classified service must serve a complete period of probation before an appointment or promotion is complete.

According to CSR 12.03, whenever the probation period of an employee is interrupted due to an appointment to another class and the employee subsequently returns to the original class during the second probationary period, the appointing power has the discretion to either require the employee to serve a full probationary period (resetting the time balance) or simply serve the balance of the existing probationary period. The decision will be at the hiring Department’s discretion and must be communicated to the employee in writing.

In the case of a lateral transfer where an employee remains on the same classification, CSR 12.01(C) illustrates that “No new probationary period results from a transfer, [emphasis added] or reduction of an employee who previously completed a probationary period in that class or a change in classification other than voluntary.”

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Workforce Member Employment Eligibility Verification:

In accordance with PPG 510 – Employment Eligibility I-9 Verification, under Federal Law (Immigration Reform & Control Act of 1986), it is illegal for an employer to knowingly hire individuals who are not authorized to work in the United States. Newly hired County of LA employees are required to complete a I-9 Employment Verification Form within the first 3 business days of employment to confirm their employment eligibility.

For more information on acceptable documentation, instruction, and requirements for employee verification please view Handbook for Employers M-274 and Employment Eligibility Verification I-9 Form.

Contracted Staff Employment Eligibility Verification:

County contractors are not considered employees of the County of Los Angeles and as such are not required to submit proof of their employment eligibility to the County. Rather, it is the Contracting agency’s responsibility to ensure that all members of their staff are authorized to work in the United States. This expectation is laid out in the Los Angeles County Contractors Standard Terms and Agreement; Section 8.17 Employment Eligibility Verification explains that the Contracting agency, as the direct employer of the contractors working on behalf of the County, must ensure that they are in full compliance with all Federal and State citizenship or alien status requirements. The contract agency is responsible for obtaining all necessary documentation of employment eligibility status required by Federal and State regulations and processing the I-9 Employment Verification Form for newly hired staff.

Authorities

PPG 510 – Employment Eligibility I-9 Verification

“Federal law (Immigration Reform & Control Act of 1986, which amends the Immigration and Nationality Act) makes it illegal for employer to knowingly hire persons who are not authorized to work in the United States. In order to comply with Federal regulations, the County of Los Angeles must establish both the identity and employment eligibility of every newly hired employee.”

Los Angeles County Contractors Standard Terms and Agreement - 8.17 Employment Eligibility Verification

“The contractor warrants that it fully complies with all Federal and State statutes and regulations regarding the employment of aliens and others and that all its employees performing work under this Contract meet the citizenship or alien status requirements set forth in Federal and State statutes and regulations. The contractor shall obtain, from all employees performing work hereunder, all verification and other documentation of employment eligibility status required by Federal and State statutes and regulations including, but not limited to, the Immigration Reform and Control Act of 1986, (P.L. 99-603), or as they currently exist and as they may be hereafter amended. The contractor shall retain all such documentation for all covered employees for the period prescribed by law.”

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PPG 514 provides guidance on when volunteer must be fingerprinted/live scanned as a part of the onboarding process. Volunteer are subject to Live Scan if they will be functioning in ‘sensitive positions’, such as those that have access to confidential information, involve the care of people or property, or have direct or indirect access to funds. Per County policy, each County department must “maintain a list of all positions, volunteers and contract personnel designated for conviction background checks [Live Scan]” for auditing purposes.

Volunteers who work less than three (3) days for each event or period of service and minors under the age of 14 are exempt from Live Scan requirements.

PPG 514 – Designation of Sensitive Positions and Conviction History Assessment

• Volunteers and contract personnel subject to the conviction background check process, including the need for a Live Scan, are those who have sensitive position assignments in County facilities or sensitive positions outside, such as positions having remote access to medical and conviction information via electronic means.
• Volunteers and contract personnel who do not fall into designated sensitive positions do not need a Live Scan, unless otherwise required or necessary due to the proximity or risk to the public (e.g. public parks). Such non-sensitive positions may include contracts that relate to commodity agreements (e.g. supplies, equipment acquisitions, and deliveries), office equipment repair, short-term and/or supervised consultant or professional services (e.g. training) construction or Job Order Contracting, and facilities services (e.g. landscaping, pest control, asbestos abatement and waste removal).

Departments can contact the DHR Workplace and Community Programs Division for any questions regarding establishing new volunteer roles, volunteer onboarding processes and required record keeping practices. The Division can be reached at workplaceprograms@hr.lacounty.gov.

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The County of Los Angeles does place limitations on the types and values of gift County employees can receive from lobbyists. Los Angeles County Code 2.160.120 - Gift Prohibition states that a lobbyist or lobbyist firm cannot provide a County employee with a gift or gifts that total $50 or more per month; likewise, a County employee also may not knowingly accept the gifts that total $50 or more from the Lobbyist or Lobbyist firm. According to the Employee Handbook, trinkets such as pens or other small giveaway items are not seen as an issue, however items of more monetary value, such as concert or sporting event tickets, are problematic and run the risk of violating County standards. It is best practice for County employees to simply not involve themselves in any circumstances that can be perceived as a conflict of interest. Regularly receiving gifts, even those that do not exceed the $50 threshold per month, from Lobbyist or Lobbyist Firms can potentially been seen as unethical and a conflict of interest.

Additional restrictions on gift giving are established through departmental conflict of interest codes. County Code 3.120 - Departmental Conflict of Interest and Disclosure Codes ensures that County departments uses a conflict of interest and disclosure code that complies with The Political Reform Act (Government Code Section 81000, et seq.). The Political Reform Act imposes limits on gifts, prohibits Honoraria payments, and imposes other restrictions on travel payments received by designated employee of local government agencies. Under the Political Reform Act, every state and local agency is required to create/adopt their own conflict of interest code. The conflict of interest code must designate all officials and employees who make or participate in making governmental decisions that could cause conflict of interest.

Designated Los Angeles County employees must follow the reporting guidelines under Form 700 that identify gift giving limitations and conflict of interest. The Fair Political Practice Commission- Form 700 Reference Pamphlet identifies a “conflict of interest” as an act or governmental decision that an official make based off of economic gain or influence. According to California Form 700, and Limitations and Restrictions on Gifts, Honoraria, Travel and Loans - Form 700 there are a few important factors of gift giving and receiving that a designated County employee must consider:

• A gift is anything of value for which you have not provided equal or greater consideration to the donor. A gift is reportable if its fair market value is $50 or more.
• Multiple gifts totaling $50 or more received during the reporting period from a single source must be reported.
• If the exact amount of a gift is unknown, you must make a good faith estimate of the item’s fair market value. Listing the value of a gift as “over $50” or “value unknown” is not adequate disclosure.
• If you received a gift through an intermediary, you must disclose the name, address, and business activity of both the donor and the intermediary.
• The gift limit increased to $520 for calendar years 2021 and 2022. The gift limit in 2020 was $500.

For more information on gift giving limitations, conflict of interest and reporting requirements for LA County employees, visit: https://lacform700.lacounty.gov.

Authorities
Los Angeles County Code 2.160.120 - Gift Prohibition
“No county lobbyist or county lobbying firm shall make to a county official and no county official shall knowingly receive from a registered county lobbyist or registered county lobbying firm a gift or gifts aggregating more than $50.00 in any calendar month. No county lobbyist or county lobbying firm shall act as an agent or intermediary in the making of any such gift or arrange for the making of any such gift by any other person.”

County Code 3.120 - Departmental Conflict of Interest and Disclosure Codes
“Ensures that County departments, various districts and other local agencies use a conflict of interest and disclosure code that fully and uniformly complies with the letter and the spirit of Political Reform Act of 1974.”

Fair Political Practice Commission- Form 700 Reference Pamphlet

Limitations and Restrictions on Gifts, Honoraria, Travel and Loans - Form 700

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There are no current County policies that specify the distance an employee must live from their designated work headquarters, however, it is not current County best practice to permit out-of-state or far-distanced arrangements in most cases.

Each Department Head has the authority to establish rules and regulations to ensure efficient operations (County Code - 2.06.080), which may include job expectations and worksite location(s). Additionally, the County’s Telework Program Board Policy 9.090 – Telework Program explains that telework is a management right and grants the department authority to establish telework arrangements and adjustments to fit the needs of the department. Departmental considerations may range from employee workload to employee availability. Moreover, the California Constitution Article XI Sec 10 emphasizes that the County may require its employees to reside within a “reasonable and specific distance of their place of employment or other designated location" to best meet the needs of service. Furthermore, the County's PPG 550 - Telework Program policy states “…ensuring that all teleworkers receive appropriate training and complete all required forms; assess and approve routine telework locations; and determine and authorize equipment (whether County-owned or County-approved personal mobile devices) necessary for the completion of regular duties from a telework location.”

In addition to the regular needs of service, out-of-state work arrangements are not generally encouraged due to County employees’ responsibility to respond in times of crisis as a Disaster Service Worker (DSW). PPG 230 explains that as DSWs, all County employees (with few exceptions) may be called upon to aid and service the community in times of crisis. Teleworkers are not exempt from this expectation, as they still hold all the "duties, obligations, responsibilities, and conditions of…employment with the County", which includes fulfilling their role as DSWs, should the need arise.

County Code 2.06.070 – 2.06.080

It shall be the duty of the head of each office and department to assign the work of his office or department to the officers and employees therein, and he may reassign any work at any time he deems it [necessary]…The head of each department may prescribe such additional rules...or instructions adopted by the chief administrative office of an administrative nature, as such department head may think necessary for the governing of his office or department and the promotion of efficient services therein.

BOS – 9.090 Telework Program

Telework is considered a management option, not a universal employee benefit.

Telework Program Manual

… the Telework assignment is entirely voluntary and may be terminated by the Teleworker or the County at any time.

California Constitution - Article XI Sec 10

A city or county, including any chartered city or chartered county, or public district, may not require that its employees be residents of such city, county, or district; except that such employees may be required to reside within a reasonable and specific distance of their place of employment or other designated location.

PPG 550 - Telework Program

Employee requests to telework are subject to the approval of a department's management. This includes the authority to approve an employee's requested alternate worksite location.

PPG 230 – Oath or Affirmation of Allegiance and Deputization

In accordance with Government Code§ 3101, all County employees, excluding legal aliens, are “disaster service workers”.

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In accordance with PPG 510 – Employment Eligibility I-9 Verification, the County of Los Angeles must establish both the identity and employment eligibility of every newly hired employee.

Like any new hire, an individual who has been granted Temporary Protected Status (TPS) is still required to provide a document(s) to establish both their identity and employment authorization for Form I-9 verification. In fact, for individuals with TPS, an employer may even accept a TPS-related Employment Authorization Document (EAD) that is expired on its face but remains unexpired based on an auto-extension of the EAD by the Department of Homeland Security. Please see, Section 4.4 Automatic Extensions of Employment Authorization Documents (EADs) in Certain Circumstances. As a reminder, TPS-related EADs usually have a notation “A-12” or “C-19” under Category.

For additional guidance on acceptable documents individuals with TPS may provide, please visit the Temporary Protected Status and Deferred Enforced Departure link on the U.S. Citizenship and Immigration Services (USCIS) website.

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No. When an employee leaves County service before completing Section 2 of the Employment Eligibility Verification Form (Form I-9), departments are not required to run, or create, a case in E-Verify.

However, departments should maintain a record copy of the employee’s Form I-9, indicating the circumstance (i.e., employee quit county service prior to the completion of Form I-9; therefore, E-Verify case was not run) in the case of an audit.

E-Verify & the E-Verify User Manual for Employers (Form M-775)

E-Verify is an online employment verification system used by the County in accordance with the Memorandum of Understanding (MOU) established between the County and both the Social Security Administration (SSA) and the Department of Homeland Security (DHS), US Citizenship and Immigration Services (USCIS).

The E-Verify User Manual for Employers (Form M-775), under Rules and Responsibilities on page 9 of the document, instructs employers to “complete Form I-9 for each newly hired employee before creating a case in E-Verify.”

PPG 510 Employment Eligibility I-9 Verification

Reminder: In accordance with PPG 510 Employment Eligibility I-9 Verification, the County must “ensure that Form I-9 is completed only when the employee begins working. The County may not use the employment eligibility I-9 verification process to pre-screen job applicants…After the completion of Sections 1 and 2 of Form I-9, Coordinators or designated personnel staff must submit an employment verification case for all newly hired employees through E-Verify.”

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Yes, employees have the option to request unpaid time off. PPG 531 Attendance states that an “approved absence may be paid (covered by an accrued leave) or unpaid; it may be a full or partial workday.” Furthermore, the time-off request form attached to the PPG contains an option for employees to select “TAKE AWOP” (absent without pay).

This is supported by County Code 6.09.070 (A), for salaried employees which states “…Effective beginning on and after April 1, 2010…a salaried Employee who does not have or chooses not to use accrued leave benefits to cover a Full-Day absence, will have pay reduced at the Work Day Rate of such absence” [emphasis added].

Required Use of Excess (unused) Vacation

There are circumstances where a department can direct an employee to use paid vacation time. PPG 532 Managing Vacations establishes that it is the department’s responsibility to manage excess vacation time and that they have the ability to “Direct employees who have accrued Vacation over the 320-hour cap, or as established in the County Code, to use their excess hours of Vacation...before the end of the year.” Direction to use excess Vacation must be provided as early in the year as possible so that the employee has time to plan their vacation and must be uniformly applied across all affected employees.

Coverage While Not Receiving Pay

Should a department grant a request for an unpaid absence, it is important to keep in mind that contributions towards an employee’s benefits will not be paid if an employee is in a no-pay status for one entire calendar month. Employees must have at least 8 hours of pay in any month to continue their benefits for the next month. PPG 530 Managing SickLeave further states that “an employee who is absent and using AWOP on their timesheet should not use just one day per month of Sick Leave, or any other leave, in conjunction with AWOP” for the purpose of maintaining benefits.

Visit the DHR’s Benefits Plan site for the latest Summary Plan Descriptions (SPD) that contain more information on Coverage While Not Receiving Pay.

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County department heads may reinstate retirees, under certain conditions, who have separated from County service without fault or delinquency for a period not to exceed 960 hours (120-days) in any fiscal year under the following circumstances:

• The employment of the retiree shall be to a position on a temporary basis that requires special skills or knowledge in which staff could not be easily prepared or trained, or in critical positions where expertise is unavailable elsewhere in the department.
• Departments shall determine whether or not the retiree is compliant with the new requirements set forth by PEPRA, including meeting the required waiting period, prior to offering temporary employment. Retirees must wait 180 days from their date of retirement before returning to work for the County on a temporary basis except under the following conditions: 1) The employer can certify it is necessary to fill a critically needed position (requires Board of Supervisors’ approval –or- 2) The retiree is a public safety officer or firefighter. Note: Employees who received a retirement incentive, such as an Early Separation Program (ESP) package, are not eligible to return to work.
• The retiree must be reinstated on a temporary item. Once the retiree has had a “bona fide” separation from County service, the retiree may be reinstated at any time. The retiree is not limited to Civil Service Rule 17.01(A), which allows former permanent employees in the classified service to be reinstated within two years from the date of separation.
• The retiree shall be reinstated to the same, similar, or lower-level classification consistent with the duties and responsibilities of the reinstated position.

• In most circumstances, the employee must be at a Normal Retirement Age, based on the following criteria established by LACERA’s Board of Retirement to comply with IRS regulations:

Retiree Plan	Normal Retirement Age
Safety Members – Plans A, B and C	55
General Members – Plans A, B, C, D and G	57
General Members – Plan E	65

Departments are required to submit requests to reinstate a retiree to a 120-day temporary assignment using the Ordinance Position Authority (OPA) process in the Personnel Action Request (PAR) system for CEO Classification and Budget Divisions’ review and approval.

All hiring departments must ensure that retirees comply with PPG 505 and expressly agree that they will not apply for or accept unemployment compensation benefits based on their post-retirement County service on a 960-hour or 120-day assignment. As a condition of employment, the retiree must sign a “Conditions of Post Retirement Employment and (Waiver)” form. The Waiver form shall be included in the employee’s Official Personnel File within the Department’s Office of Human Resources.

For more information about Reinstatement of Retirees to a 120-Day Temporary Assignment, please contact DHR’s HRDS Policy Section.

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The County Policies Procedures and Guidelines (PPG) 512 – Professional Appearance in the Workplace establishes a minimum guidelines and standards of expectations for professional appearance in the workplace for employees. Department Heads have the discretion to implement department-specific professional appearance standards based on the needs of their own unique operations; including a policy that that addresses uniform requirements.

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Federal law (Immigration Reform and Control Act of 1986) makes it illegal for employers, such as the County of Los Angeles, to knowingly hire individuals who are not authorized to work in the United States. As such, the County is required to complete Form I-9 (see attached) for all new hires in order to establish the following:

1. Employee’s identity
2. Confirmation of work authorization in the United States

Additionally, because the County is a participant of E-Verify, all newly hired County employees, including seasonal, temporary, and rehires MUST have a social security number. This is required because the County entered into a MOU with the Social Security Administration (SSA) and the Department of Homeland Security’s (DHS) US Citizenship and Immigration Services (USCIS). Information provided by the employee on the Form I-9 is entered into E-Verify which compares the information against records available to the SSA and DHS.

The social security number requirement is also found in the E-Verify User Manual (see attached) on page 8 under Section 2.1 Form I-9 and E-Verify which states:

Under general Form I-9 practice, employees can voluntarily provide their Social Security numbers (SSNs) on Form I-9. However, because SSNs are required for employers to create E-Verify cases, all employees whose employment eligibility will be verified in E-Verify must provide their SSNs.

In regards to County authorities, there is both a County Board policy (Board Policy 9.110, E-Verify (Formerly Known as Basic Pilot Program) and Countywide policy (Policy, Procedure, and Guideline (PPG) 510, Employment Eligibility I-9 Verification) that speaks to these requirements.

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Yes. PPG 514 & 524 requires that the county obtain conviction history information for current and prospective county employees who have been offered a conditional offer of employment for a sensitive position. New hires, rehires, reinstatements, volunteer, contract employees, and current county employees that transfer or are promoted to sensitive positions are subject to a conviction history background check through the Live Scan fingerprinting process as a condition of employment.

Current county employees that are promoting or transferring from one department to another are required to receive a new Live Scan to obtain future arrest notifications. An employee that is transferring to another position within the same department does not need to complete a new Live Scan if they have previously received a Live Scan or have an active record with the Department of Justice (DOJ).

Certain individuals, such as elected officials and minors under 14, are exempt from Live Scan requirements. According to CSR 6.04(J), current and prospective employees that are not exempt may no longer be considered for the new position if they refuse to receive a live scan.

Policies, Procedures, and Guidelines 514

All current and prospective employees shall undergo the existing conviction background check process for local, state, and federal summary conviction history information.

Policies, Procedures, and Guidelines 524

For promotional appointments, a new live scan shall be conducted on employees who have not previously received a live scan and/or do not have an active record with the DOJ in promoting department.

For interdepartmental transfers, a new Live Scan of the employee shall be conducted in order for the new department to receive subsequent arrest notifications.

Civil Service Rule 6.04 (J)

The director of personnel, subject to the right of any person aggrieved to appeal to the commission as provided in Rule 4, may refuse to accept an application or to examine an applicant, or may withhold the name of a person from the eligible list or an eligible from certification, or after notice may remove the name of an eligible from the eligible list:

J. Who refuses to be fingerprinted.

Questions regarding these policies should be directed to the DHR Policy Section at DHRPolicy@hr.lacounty.gov.

Questions regarding Live Scans should be directed to DHR’s Impact and Compliance Division, Central Live Scan Unit, at (213) 817-2598.

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According to Board Policy 9.110 and PPG 510, a Form I-9 and an E-Verify case must be completed for all newly hired employees including those that are seasonal, temporary, and rehires. A rehire is any employee, including retirees, who returns to County employment after a break in service.

Most rehire operations that require the completion of the Departmental Rehire Request Form, including temporary to permanent rehires, also requires the completion of a Form I-9. The transition from temporary to permanent status is considered a break in service even if the rehire date is the following day or several days after the employee’s termination date.

Employees whose Form I-9 was dated on or after August 7, 2009 and rehired within three years from the date the original Form I-9 was completed may be reverified using section 3 of the original Form I-9. Otherwise, the employee and department must complete a new Form I-9 which includes running a case in E-verify.

Board of Supervisors Policy 9.110

Instructs the Director of Personnel to acquire approval to participate in and to work with County departments to implement..E-Verify..to obtain confirmation of employment eligibility for newly hired County employees from the Social Security Administration and the Department of Homeland Security

Policies, Procedures, and Guidelines 510

Form I-9 and E-Verify Federal law requires that all new employees hired after November 6, 1986, complete Section 1 of the Employment Eligibility Verification Form (Form I-9).

All departments shall initiate and utilize E-Verify in establishing employment eligibility for all newly hired employees.

Civil Service Rule 2.06

“Break in Service” means any interruption in continuous service, except for absences on approved leave or absences to serve in the Armed Forces of the United States.

Questions regarding the relevant policies may be directed to your department’s human resources manager or the DHR Policy Section at DHRPolicy@hr.lacounty.gov.

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Yes. A department can hire an employee who is under Temporary Protected Status (TPS) when the employee awaits the EAD card if they can provide acceptable Form I-9 Document(s).

According to the United States Citizenship and Immigration Services (USCIS), TPS beneficiaries are authorized to work as long as they maintain TPS and are not required to get an EAD. However, USCIS requires TPS beneficiaries to provide a document(s) to establish both their identity and employment authorization for Form I-9 verification. These employees may present an unexpired EAD or any other combination of documents to complete Form I-9.

In situations where the employee has an expired EAD, employers can accept the document as long as the EAD or TPS status has been automatically extended by the Department of Homeland Security (DHS).

Employers can use the USCIS website to check for information about which TPS has been automatically extended.

USCIS Handbook for Employers M-274 Section 4.4 contains information about the automatic extensions of EAD. TPS-related EADs usually have a notation “A-12” or “C-19” under Category.

United States Citizenship and Immigration Services (USCIS), Temporary Protected Status and Deferred Enforced Departure

USCIS issues a Form I-766, Employment Authorization Document (EAD), to TPS beneficiaries and individuals covered by DED who request one. While TPS beneficiaries are authorized to work as long as they maintain TPS, they are not required to get an EAD; however, they do need to provide acceptable evidence of identity and work authorization for Form I-9 purposes like all new employees. These employees may present an unexpired EAD or any other combination of documents from the Lists of Acceptable Documents to complete Form I-9. You and your employee should complete Form I-9 as you would for any employee presenting an unexpired document.

When the secretary of Homeland Security extends an expiring TPS designation under the TPS statute or DED as directed by the president, the secretary may also automatically extend the validity of certain, specified expiring EADs associated with TPS or DED to give USCIS time to issue new EADs. Information about automatic extensions is published in the Federal Register and on the USCIS website. When an employee presents an EAD whose original “Card Expires” date has passed, employers should determine if it is a TPS or DED EAD that has been automatically extended and is therefore valid for Form I-9 purposes. Look at the “Category” section on the expired EAD. “A-12” or “C-19” indicate TPS and “A-11” indicates DED. Use the links below to check the USCIS website for information about which TPS or DED country’s EADs have been automatically extended. Accept the EAD if it has been automatically extended and the extension is still in effect.

USCIS Handbook for Employers M-274 Section 4.4

On May 4, 2022, DHS published a temporary final rule (87 FR 26614) in the Federal Register to temporarily increase the employment authorization and/or Employment Authorization Document (EAD) automatic extension for applicants within certain employment eligible categories who have a pending Form I-765, Application for Employment Authorization, requesting a renewal of their employment authorization and/or EAD. This rule increases the automatic extension period from up to 180 days to up to 540 days.

The criteria for receiving this increased automatic extension have not changed from the criteria applicable for an extension of up to 180 days. Qualifying individuals must:

• Be within one of these eligibility categories that qualify for the automatic extension: A03, A05, A07, A08, A10, A17*, A18*, C08, C09, C10, C16, C20, C22, C24, C26*, C31, and A12 or C19.

DHS Temporary Increase of the Automatic Extension Period of Employment Authorization and Documentation for Certain Renewal Applicants

This rule temporarily amends existing Department of Homeland Security (DHS) regulations to provide that the automatic extension period applicable to expiring Employment Authorization Documents (Forms I-766 or EADs) for certain renewal applicants who have filed Form I-765, Application for Employment Authorization, will be increased from up to 180 days to up to 540 days from the expiration date stated on their EADs.

USCIS I-9 Central, Form I-9 Acceptable Documents

Employees must provide documentation to their employers to show their identity and authorization to work.

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No. PPG 510 indicates that final appointment to County employment is contingent upon verification of a prospective employee’s right to work in the United States. Any candidate seeking to obtain County employment must present a document or combination of documents from List A (which shows both identity and employment authorization) or one document from List B (which shows identity) and one document from List C (which shows employment authorization).

The prospective employee can also provide an acceptable receipt of these documents within three business days of the date work for pay begins. The List of Acceptable Documents is located on the last page of the attached Form I-9. Employers must allow candidates to choose which document(s) they will present from the List of Acceptable Documents during the I-9 verification process. Employers may not specify which document(s) the prospective employee may present from the list.

Policies, Procedures, and Guidelines 510

All documents presented during the employment eligibility I-9 verification process must be unexpired. Form I-9 includes the “Lists of Acceptable Documents” that the department must accept from the employee. The County cannot specify which documents(s) an employee can present.

Questions regarding the relevant policies may be directed to your department’s human resources manager or the DHR Policy Section at DHRPolicy@hr.lacounty.gov.

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Yes, the County requires that all newly hired employees, including seasonal, temporary and rehires must have a social security number as a condition of employment in order to properly complete the federal Form I-9, Employment Eligibility Verification and to create a case in E-Verify.

E-Verify is an Internet-based system that compares information entered by an employer from an employee’s Form I-9, to records available to the US Department of Homeland Security (DHS) and the Social Security Administration (SSA) to confirm employment eligibility.

Under general I-9 practice, employees can voluntarily provide their social security numbers on Form I-9. However, E-Verify employers/participants, such as the County of Los Angeles, must ensure employees enter their social security number in Section 1 of the form.

For employees who have applied for but have not yet received their social security number and can satisfy all other Form I-9 requirements, departments should attach an explanation to the employee’s Form I-9 and set it aside. Employees may provide a letter from the SSA stating that the employee applied for a number.

SSA works with DHS to verify an employee’s documents before assigning a social security number. To help ensure the integrity of social security numbers, SSA has changed how it assigns numbers and issues cards which may cause a delay of several weeks or months in receiving a number. Please note that an employee may work while their social security number application is being processed. Be sure to create a case in E-Verify once the employee’s social security number becomes available.

Reminder: Employers may not ask employees to provide a specific document with their social security number on it. To do so may constitute unlawful discrimination.

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In accordance with Countywide Policy, Procedure, and Guideline (PPG) 510, Employment Eligibility I-9 Verification, departments are not to accept employer/petitioner specific visas without prior approval from the Director of Personnel/Department of Human Resources (DHR).

The County only makes rare exceptions regarding sponsorships for positions/classifications considered specialized and hard-to-recruit with the concurrence of County Counsel. As a practice, the County discourages sponsoring foreign nationals due to legal obligations placed on an employer when petitioning on behalf of an employee seeking an employer-specific visa. Responsibilities include, but is not limited to, following established program requirements/procedures, accurately filing paperwork, covering processing costs, adhering to immigration laws and regulations related to employer sponsorship and potentially being liable for the reasonable cost of return transportation should a sponsored employee be terminated.

Common visa requests for County sponsorship include, but is not limited to: H-1B, H-1B1, O-1, EB, *J-1, **TN, ***F-1 or ***M-1.

If a department wishes to petition for an employer-specific visa, the department must submit a formal request to the Director of Personnel with a copy to the DHR – HR Departmental Support Division.

The department’s request to support the sponsorship of a candidate or employee should sufficiently justify the hardship or emergency to fill the critical position and include the following information:

• Role and responsibility of position
• Role and responsibility of section/unit/division
• How hiring supports Board Motion, Strategic Plan Goal, Departmental Goal, emergency, etc.
• Recruitment efforts and inability to secure a viable US candidate

The Immigration Reform and Control Act of 1986 makes it illegal for the County to knowingly hire individuals who are not authorized to work in the US. The County is required to complete Form I-9 for all new hires to establish (1) their identity and (2) eligibility to work in the US within three business days after the hire date. Additionally, because the County is a participant of E-Verify, it is also required to enter the information provided on the employee’s Form I-9 (including the social security number) into the E-Verify system which compares the information against records available to the US Department of Homeland Security and Socials Security Administration to confirm employment eligibility.

The County is only required and obligated to establish an employee’s eligibility to work; it is not legally required to provide assistance in obtaining work authorization, including filing a petition for sponsorship on behalf of a candidate or employee.

*The J-1 classification (exchange visitors) is authorized for those who intend to participate in an approved program for the purpose of teaching, instructing or lecturing, studying, observing, conducting research, consulting, demonstrating special skills, receiving training, or to receive graduate medical education or training. J-1 nonimmigrants are sponsored by an exchange program that is designated by the US Department of State. The County of Los Angeles is not considered a J-1 sponsor. However, when a J-1 student is sponsored by a school which acts as the exchange sponsor, the candidate may be hired for County employment if the classification and work is authorized under the terms of the exchange program. It is usually the J-1 student’s responsibility to check with their sponsoring agency to confirm if there are restrictions that may apply when accepting County employment.

**A TN visa is a nonimmigrant employment visa that allows Mexican and Canadian citizens to work in US specific professional occupations. The TN status was established as a result of an arrangement made under the US-Mexico-Canda (USMCA) agreement, (previously known as the North American Free Trade Agreement – NAFTA). Canadian citizens can establish their TN eligibility and obtain a TN status without sponsorship. They do require a letter issued by the prospective employer that outlines the details of the job and function in a professional capacity. The letter should indicate where the candidate will work, length of stay, purpose of employment and educational qualifications. Departments have the discretion to provide an Employment Verification Letter to candidate seeking to obtain the TN visa without seeking DHR’s approval. However, if the candidate is requesting that the department submit Form I-129 (Petition for Nonimmigrant Worker) to the US Citizenship and Immigration Services (USCIS), DHR approval is needed.

***Foreign students pursing academic studies and/or language training programs are classified as F-1 nonimmigrants while foreign students pursuing nonacademic or vocational studies are classified as M-1 nonimmigrants. Designated school officials (DSO) at certified schools issue Form I-120, Certificate of Eligibility for Nonimmigrant (F-1)/(M-1) Students. Be cautious if candidates indicate they are on a F-1 or M-1 and require sponsorship. County employment may only be offered if the student is being sponsored by a school.

County Lead Work Unit and Contact Info

DHR – HR Departmental Support Division
Phone: (213) 400-5589
Inbox: dhrpolicy@hr.lacounty.gov

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PPG 524, Live Scan Procedures, provides guidance regarding the review and handling of subsequent arrest notifications.

The Department of Justice (DOJ) provides the employing County department notification about the arrest of any applicant, employee, volunteer, or contract personnel whose fingerprints are maintained on file with the DOJ for that employer. Fingerprints are maintained on file with the DOJ for individuals who participated in the Live Scan (electronic fingerprinting) background check process for a sensitive County position.

The designated departmental representative must evaluate each subsequent arrest notification leading to a conviction for an applicant, current employee, volunteer or contract personnel on a case-by-case basis according to the procedures established within PPG 514 entitled Designation of Sensitive Positions and Conviction History Assessments. This includes a review and assessment of the employee’s County work history and the nexus of the arrest/conviction to their County employment. The department should consider the following factors during the assessment:

• Work history (positive and negative) as documented in the Official Personnel File (e.g., performance evaluations, length of service, prior disciplinary actions, and commendations, etc.).
• Level of responsibility and scope of authority in their current position.
• Impact on the department’s mission and service objectives.
• The employee’s ability to continue working in their current position (i.e., if the employee is incarcerated and unable to perform their duties for an extended period).
• If the conviction is work-related or if it directly impacts their scope of work (i.e., if the violation happened during work hours or if it directly impacts the employee’s ability to continue to fulfill their work duties).

It should be noted that departments may also have internal policies related to arrests and/or convictions of current employees that must be followed. This may include requirements for the employee to notify their department of their arrest within a specified timeframe, among other things.

Questions regarding the relevant policies and requirements for your department/role may be directed to your Department’s Human Resources Manager.

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In addition to Countywide Policies, Procedures, and Guidelines Nos. 514, Designation of Sensitive Positions and Conviction History Assessments, and 524, Live Scan Procedures, more information about the County’s Fair Chance employment process, including an overview of the program, Fair Chance hiring data, how to apply for a job, and other helpful resources can be found on the Department of Human Resources website at https://hr.lacounty.gov/fairchanceemployer/.

Additional general information about the Fair Chance Act can be found on the County’s Fair Chance website at https://fairchance.lacounty.gov/the-fair-chance-act/.

The full legislative text of the law on the Fair Chance Act can be located by clicking here or by copying and pasting the following link in your browser:

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=12952.

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Countywide Policies, Procedures, and Guidelines No. 514 entitled Designation of Sensitive Positions and Conviction History Assessments addresses exemptions to the Fair Chance Act as defined within Government Code 12952. The law clarifies that the following positions are exempt from the requirements of the Fair Chance Act:

• A position for which a state or local agency is otherwise required by law to conduct a conviction history background check.
• A position with a criminal justice agency at any level of government that performs as its principal functions, activities that either:
  • Relate to the apprehension, prosecution, adjudication, incarceration, or correction of criminal offenders; or
  • Relate to the collection, storage, dissemination, or usage of criminal offender record information [Gov. Code 12952(d)(2); PC 13101]
• A position as a Farm Labor Contractor, as described in Labor Code section 1685.
• A position for which an employer or employer’s agent is required by any state, federal, or local law to conduct criminal background checks for employment purposes or to restrict employment based on criminal history. For purposes of this paragraph, federal law includes rules or regulations promulgated by a self-regulatory organization as defined in section 3(a) (26) of the Securities Exchange Act of 1934, as amended by 124 Stat. 1652 (Public Law 111-203), pursuant to the authority in section 19(b) of the Securities Exchange Act of 1934, as amended by 124 Stat. 1652 (public Law 111-203).

Departments holding exempt positions are still required to abide by certain elements of the Fair Chance Act as specified within the California Code of Regulations, §11017.1. This includes prohibiting the consideration of certain types of criminal history or treating applicants or employees differently (disparate treatment) when considering criminal history or any evidence of rehabilitation or mitigating circumstances.

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Certain H-4 dependent spouses of H-1B nonimmigrants can file Form I-765, Application for Employment Authorization, if the H-1 nonimmigrant:

• Is the principal beneficiary of an approved Form-140, Immigrant Petition for Alien Worker; or
• Has been granted H-1B status under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act of 2000 as amended by the 21st Century Department of Justice Appropriations Authorization Act (AC21).

A significant advantage of the H-4 status is that the applicant or candidate generally will not require employer/County sponsorship as is the case for the H-1B visa. H-4 nonimmigrants who receive approval from the US Citizenship and Immigration Services (USCIS) to work in the United States are often issued an Employment Authorization Document (EAD) which is an acceptable document for Form I-9.

Additionally, H-4 status may qualify for an automatic extension of their existing employment authorization and accompanying EAD if they have properly filed an application to renew their EAD before it expires, and has an unexpired Form I-94, Arrival/Departure Record showing their status as an H-4 nonimmigrant. Acceptable evidence that may be presented to employers for Form I-9 purposes includes the following combination of documents:

• Form I-94 indicating the unexpired H-4 nonimmigrant status;
• Form I-797C indicating a timely-filed renewal of Form I-765 was filed under (c)(26); and
• The expired EAD issued under the same category, Category C26.

Reminder: In accordance with Countywide Policies, Procedures, and Guidelines (PPG) 510, Employment Eligibility I-9 Verification, departments are not to accept employer/petitioner specific visas without prior approval from the Director of Personnel/Department of Human Resources (DHR). The H-1B visa is employer-specific and requires sponsorship.

County Lead Work Unit and Contact Info

DHR – HR Departmental Support Division
Phone: (213) 400-5589
Inbox: dhrpolicy@hr.lacounty.gov

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No. Rehired retirees are not eligible for sick leave, vacation, or holidays. When placing a retiree to fill a temporary position, departments should place the retiree on items that do not qualify for these benefits.

The California Paid Sick Leave that was amended effective January 1, 2024 indicates that retired annuitants working for government entities are exempt from the paid leave law.

Interpretive Manual page 279

C. Eligible Item Subs Retirees are hired to fill a temporary need and should be placed on items that do not qualify for sick leave, vacation, or holidays...To ensure that such employees are not automatically set up with [benefits accrual or] contribution, it is important that department staff use the accurate On-Boarding Transaction Code (07), Rehire-Retiree, when adding a new job for a rehired retiree.

County Lead Work Unit and Contact Info

DHR – Policy & Appeals
Phone: (213) 400-5589
Inbox: dhrpolicy@hr.lacounty.gov

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Similar to reinstatement requests in accordance with Civil Service Rule 17.01(A), discretion to rehire a former employee lies with the appointing authority, not the former employee, including the retiree. The reemployment of the retiree shall be limited in duration and to a position on a temporary basis that requires special skills or knowledge in which staff could not be easily prepared or trained or to a critical position where expertise is unavailable elsewhere in the department.

CSR 17.01(B)
Reinstatement of Retirees to a 120-day Assignment. After approval by the director of personnel, any retiree who has been separated from county service, without fault or delinquency, may [emphasis added] be reinstated by the appointing power to an appropriate position, requiring special skills or knowledge, for a period not to exceed the greater of 120 working days or 960 hours in any one fiscal year.

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If required based on the nature of the position applied for (i.e., a sensitive position), an applicant will be scheduled for a Live Scan at a pre-designated date, time, and location. Upon arrival, the applicant must provide photo identification confirming their identity to the certified Live Scan operator. Once their identity is validated and any relevant paperwork is completed, the operator will obtain digitized fingerprint images via the Live Scan device. The applicant’s fingerprint images and data will then be electronically transmitted to centralized computers at the California DOJ and FBI. Any prior criminal history will then be transmitted to the hiring department.

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Upon receipt of any criminal history information, the Departmental Human Resources Manager (DHRM) or their designee will take custody of the information and be responsible for maintaining the security and confidentiality of the information. Information received electronically or via mail will remain strictly confidential and be used only for the purpose for which it was requested (i.e., to conduct individualized assessments) and will not be reproduced for any secondary distribution. The information will also be securely maintained and will not leave the premises of the human resources office. If hard copies of criminal history information exists, it is destroyed after an employment decision is made.

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In accordance with Countywide policy and Government Code §31680.3, retirees may be rehired for a period not to exceed 120 working days or 960 hours, whichever is greater in any one fiscal year. If for example, a retiree works 6-hour days, they may work up to 160 days which equals 960 hours.

Under no circumstances can retirees work beyond the limit of 960 hours. County departments may seek approval from the Chief Executive Office for a retiree to return the following fiscal year for a renewed allowance of 960 hours.

Failure to adhere to the mandated limit per fiscal year would not only violate State law, but it may also jeopardize the qualified tax-deferred status of the County’s retirement system under federal law and create significant adverse tax consequences for all active and retired County employees. In addition, LACERA may suspend the retiree’s retirement and/or health benefits if a violation is found.

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No. California’s COVID-19 Supplemental Paid Sick Leave (SPSL) law expired on December 31, 2022.

This means that unless there is workplace exposure or otherwise required as a condition of employment, there will no longer be paid time off for COVID-19 sick leave, testing or vaccination. However, employees are strongly encouraged to utilize appropriate sick leave when unable to work due to illness.

It should be further noted that COVID-19 prevention protocols and procedures may vary by Department depending on the needs of the individual workplace. Therefore, it is recommended that employees contact their Departmental Human Resources team for specific information on their workplace’s protocols for COVID-19 cases, including leave requests and return-to-work requirements.

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County Code 2.06.070 B – Assignment of work- Working hours states:

In accordance with the provisions of this section, the department head shall designate the working hours within his department, and shall determine the actual time employees shall report to their workstations (in suitable uniform if necessary) and ready to assume the duties of their job.

In the case of teleworking employees, the department head has the authority to designate the work hours and work location of the department’s employees, based on the needs of the department. Board Policy 9.090 – Telework Program, also establishes that, “Telework is considered a management option, not a universal employee benefit.” Moreover, PPG – 550 Telework Program outlines the administration of telework programs within the department, and specifies that:

Department Heads or their designees may implement routine telework as a business tool when deemed beneficial to the department. Participation in the Telework Program is a voluntary arrangement initiated by department management or requested by an employee. Both represented, and non-represented employees are eligible to participate in telework. Employee requests to telework are subject to the approval of a department’s management. This includes the authority to approve an employee's requested alternate worksite location.

The provisions in the County Code and the telework authorities above would apply to County workforce members, including 120-Day Retirees.

It should be noted that the provisions in PPG 505 – Reinstatement of Retirees To A 120-Day Temporary Assignment must be adhered to with the assignment of duties. Specifically, that the employment of the retiree shall be to a position on a temporary basis that requires special skills or knowledge in which staff cannot easily be trained, or in critical positions where expertise is unavailable elsewhere in the department. The department should ensure to develop a transition plan to ensure the transfer of the retiree’s skills and knowledge.

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County Code Section 6.20.050.c – Sick Leave Limitations allows employees who accrue Full Pay Sick Leave with the flexibility of designating the use of Vacation (and other time) in lieu of Full Pay Sick Leave. Specifically, the County Code states:

A person who is compelled to be absent because of sickness or injury, or for non-emergency medical or dental care, may elect to take time off on vacation, or compensatory time for overtime or holidays worked rather than sick leave, except that a person on part-pay sick leave must remain on such leave until it is exhausted, and may not elect any other types of leave unless authorized by his department head. Retroactive adjustments to previously used part-pay sick leave in order to accrue full-pay leave benefits are prohibited.

This is consistent with the language in PPG 530 – Managing Sick Leave, and employees who earn Full Pay Sick Leave may use their time as Sick Personal Leave or leave which allows time-off for personal reasons that do not interfere with the public service mission of the department. The policy states:

Non-MegaFlex employees may elect to use Vacation, Compensatory Time Off, or Holiday time to cover their absences rather than using Full-Pay Sick Leave. When Vacation or other leave is being used for non-emergency care, such as doctor appointments, prior supervisory approval is required when practicable and should not be reasonably denied. The request should be done in writing. However, a non-MegaFlex employee may not use Sick Leave for a vacation or any other absence, unless the Sick Leave qualifies as “Sick Personal Leave…”

It is important to note that Sick Personal leave requires prior supervisory approval, unless the leave is used for an emergency. Sick leave may not be used in lieu of Vacation time.

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The County offers a variety of resources to assist employees with travel to and from the workplace.

Civic Center Employees

The County's “Civic Center Parking Plan” allows eligible employees of the Civic Center area (identified as “the area bounded by Fremont Avenue, 1st Street, and the 101 Freeway”) to receive a Traffic Mitigation Allowance of $70 that can be applied towards parking fees or alternate modes of transportation (see County Code 5.42.040). Under the Plan, the allowance may be utilized for alternative modes of transportation to and from the Civic Center, including bus and rail service, as a means of traffic mitigation. For details about eligibility requirements and how to obtain the Traffic Mitigation Allowance, please contact your department’s HR Payroll office to obtain department specific information.

Commuter Benefit Plan

The Commuter Benefit Plan (CBP) is a voluntary employee benefit that allows employees to save money by using pre-tax dollars to pay for work-related commuting expenses such as bus/rail passes, transit vouchers, Metrolink passes, Transit Access Pass cards (TAP cards), vanpool fees, and parking. Details about the Commuter Benefit Plan can be found at https://employee.hr.lacounty.gov/commuter-benefit-plan, along with application details and contact information for further questions.

If you happen to be represented by SEIU Local 721, you may be eligible to receive a $70 subsidy (while supplies last) towards commuting expenses if you are: (1) currently enrolled in the CBP, (2) spend at least $70 each month on transit pass(es), and (3) do not currently receive the Civic Center monthly transportation allowance.

LA County Rideshare Program

The LA County Rideshare Program, managed by the Internal Services Department (ISD) (and mandated by County Code Chapter 5.90), lists resources for County employees to learn about ridesharing options such as vanpooling, or the Guaranteed Ride Home Program, which helps participants of the Rideshare Program get to where they need to be in case of unplanned overtime, emergency or illness. For further information, please visit the “getting started” section of the rideshare site or contact your department’s Employee Transportation Coordinator (ETC).

Telework Program

Board Policy 9.090 authorizes all County departments to establish individualized teleworking programs to allow employees with job functions suitable for telework to work from home or alternate locations. Moreover, DHR PPG 530 establishes the standards for telework eligibility, training, and documentation when telework is permitted. Please note that participation in the teleworking program is not guaranteed and is subject to departmental functional needs. Employees should discuss with management about their eligibility to telework.

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Generally, it is not considered permissible to use County time and/or equipment for non-work-related activities. The County has several policies and guidelines that convey the expectation that an employee’s timecard is accurately coded to reflect time actually worked and that County technology is not intended for work-related purposes.

The following authorities should work in conjunction with relevant departmental policies or best practices:

• BOS Policy 6.100 – Information Security Policy:
  • Minimum Personal Use – “Use by a Workforce Member that is incidental, does not interfere or impair the conduct of County business and is not substantial enough to result in a gain or advantage to the Workforce Member or a loss to the County for which a monetary value may be estimated.”
• BOS Policy 6.101 – Use of County Information Assets, Minimal Personal Use:
  • “Workforce member may use County Information Assets for Minimal Personal Use, provided that the use (i) is not prohibited by County and/or Departmental Policies; (ii) does not interfere with County operations or the Workforce Members performance; (iii) does not consume undue County Information Technology resources; and (iv) has the appearance of professionalism, even if it is not used in a public setting.”
• County Fiscal Manual (CFM):
  • Chapter 3 – 3.1.7, eHR Time and Attendance and Employee Self-Service System Controls:
    • “Time recorded by employees as worked must only reflect time that is actually spent working for the County.”
  • CFM Chapter 15 – 15.2.2, Reporting Misuse of Information Technology:
    • “Any use (of County information technology resources) not related to County business purposes must be minimal or incidental and should not result in a calculable monetary loss to the County.”
• DHR Countywide Discipline Guidelines:
  • Section III, Dishonesty, Theft, Misappropriation, and Related Misconduct:
    • J. “Inaccurate or material submission of false timecards for self or other employees”
    • K. “Falsification or material submission of false timecards for self or other employees”
  • Section V, Misuse of County Equipment or Property:
    • A. “Unauthorized use or misuse of County equipment and/or resources such as…telephones, computers…for personal use”
  • Section VII, Performance to Standards or Expectations:
    • D. “Carrying on personal business during working hours”

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PPG 530 – Managing Sick Leave, PPG 531- Attendance, and PPG 532 – Managing Vacations, provides a comprehensive overview of the County’s documentation requirements for requesting time off, and handling unscheduled time off. These three policies taken as a whole speaks to a supervisor/manager’s responsibilities in proactively managing time off requests in the unit so as to prevent any potential abuse of time, to ensure that protected leaves are handled appropriately, and to ensure that supervisors are prepared as best possible for absent unit members (and minimize disruption to operations).

PPG 531 – Attendance provides that:

A supervisor may require the employee to furnish a doctor’s certificate or other proof satisfactory to the department, pursuant to County Code Section 6.20.120. Generally, this occurs when an employee exhibits a pattern of absences, or frequent and prolonged absences. The policy mandates a medical certification when an employee is absent more than five consecutive workdays; departments that currently require such certification after a shorter period may continue their current policy.

PPG 530 – Sick Leave states:

Excluding Kin Care, if an employee’s absence exceeds five (5) consecutive workdays, their supervisor must request that the employee furnish medical certification. Department currently requiring such certification after a shorter period may continue their current policy.

It is important to note that these Countywide PPGs provide a baseline countywide standard for requesting medical certification after 5 consecutive workdays of absences. However, as noted in both policies, if departments have an existing policy that is shorter than the 5 workdays (e.g., medical certification required after 3 days of absences), employees are required to abide by those department specific policies and procedures.

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Yes. If applicants receive notice of a preliminary decision from a hiring department that their conditional offer is being rescinded based on an initial review of their criminal history (i.e., an Initial Individualized Assessment), they may submit a variety of additional information to the hiring department to show evidence of their rehabilitation or that mitigating circumstances exist.

Below are examples of the types of evidence and documents that can be submitted to a hiring department for a Reassessment:

• The length and consistency of employment history before and after the conviction or completion of sentence.
• Evidence showing the applicant is seeking employment and/or held gainful employment (including performing similar work) after their conviction with no known incidents of additional criminal conduct.
• Current or former participation in self-improvement efforts (including certificates of enrollment, participation, or completion); for example, schooling/education, job/vocational training, counseling, community service, and/or rehabilitation programs (e.g. alcohol or drug treatment programs) including in-custody programs.
• Whether the applicant is bonded under a federal, state, or local bonding program.
• Successful completion, or compliance with the terms and conditions of parole and/or probation (inability to pay fines, fees, and restitution due to indigence cannot be considered as non-compliance with terms and conditions of parole and/or probation).
• Employment or character references, or letters of recommendation from people who know you, such as letters from current or former teachers, counselors, case managers, supervisors, co-workers, community leaders, parole or probation officers, or others who know the applicant.
• Evidence that they were not convicted of one or more of the offenses or that the conviction record is inaccurate.
• Facts or circumstances surrounding the offense or conduct, showing that the conduct was less serious than the conviction seems.
• Age of the applicant when the conduct occurred.
• Explanation of how prior events or conditions, such as homelessness, coercive conditions, trauma, domestic or dating violence, sexual assault, stalking, human trafficking, duress, intimate physical or emotional abuse, or other similar factors contributed to the conduct.
• Whether a disability, including but not limited to a past drug addiction or mental impairment, contributed to the conduct, and if so, whether the likelihood of harm arising from similar conduct can be sufficiently mitigated or eliminated by a reasonable accommodation, or if the disability has been mitigated or eliminated by treatment or otherwise.
• The likelihood of recurrence of similar conduct.
• Any other evidence or documents demonstrating fitness for the position based on rehabilitation or mitigating circumstances.

More information about applicant’s rights and options under the County’s Fair Chance policies can be found online at https://hr.lacounty.gov/fairchanceemployer.

Questions regarding Live Scans or Individualized Assessments/Reassessments should be directed to DHR’s Impact and Compliance Division at livescan@hr.lacounty.gov.

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Los Angeles County is a Fair Chance employer, which means that in most cases candidates’ conviction history will be individually assessed for whether their conviction history has a direct or adverse relationship with the specific duties of the job for which they applied. Following the initial individualized assessment and department’s notice, the applicant is provided an opportunity to present additional information to the hiring department to support a reassessment of the conviction history.

Most commonly, an applicant’s request for reassessment and supporting materials will be submitted in writing.

At the applicant’s request, however, they will be allowed the opportunity to meet with representatives of the hiring department and orally present evidence of rehabilitation or mitigating circumstances. The meeting must be conducted within 10 business days of the request (unless mutually agreed to otherwise) and should be documented (e.g., the meeting may be recorded). The meeting can be conducted in-person, virtually, or over the phone and applicants should be allowed to submit any documentation to support their assertions regarding rehabilitation or mitigating circumstances (departments may also request such documentation if not proactively submitted by the applicant).

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Updating your W-4 status can be done by contacting your departmental Human Resources office. You can find your department’s HR contact information in the LA County Telephone Directory.

The IRS W-4 form tells your employer how much federal income tax to withhold from your paycheck when you begin a new job. A new W-4 form can also be submitted to your departmental human resources office when a new life event happens that affects your taxes such as, having a baby, getting married, or getting divorced.

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Updating your Warrant Recipient can be done by filling out a Warrant Recipient Designation form and submitting the form your departmental Human Resources office. You can find your department’s HR contact information in the LA County Telephone Directory.

A Warrant Recipient Designation refers to a person of the employee’s choosing to receive warrants or checks in the event of death. The Warrant Recipient will receive the warrants that would have been payable to the deceased employee had they survived. The designated person will be able claim these checks and negotiate them as if they were the payee.

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Each department handles their own employment verification; there is no centralized unit that handles employment verification for all County employees. Employees can contact the respective department directly by using the contact information on this page. If you do not know your County department, please check your Employee Pay Statement, look for “Home Department” or “Pay Location” on the top of the statement, and find the department code that corresponds. Information on reading your paystub can be found HERE.

If you are unable to get in touch via the contact linked above, you can also reach out to your departmental Human Resources office’s general line. You can find your department’s HR contact information in the LA County Telephone Directory.

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Employees may find information and resources available on LA County’s Emergency Response website, which is activated when two or more county departments respond to an emergency incident that is widespread, of long duration, and poses significant threat to life, property, and/or the environment. When activated, the website will have comprehensive information posted for affected individuals such as evacuation orders, shelters, impact to county services, and road closures.

Furthermore, the LA County Employee Wildfire Support Guide contains resources available through the County's various response agencies, community partners, and healthcare providers to present an overview of services available to employees and their families. These resources include, but are not limited to, mental health counseling through the Department of Human Resources (DHR) Employee Assistance Program, the Life Assistance Program offered by Cigna Behavioral Health, information on implementing flexible work arrangements, mental health services specific to First Responders, and tips for supporting children and family members.

Additionally, as referenced within the Guide, affected employees may need to work with their respective departments to verify any flexible working arrangements, such as temporary teleworking, assignment to alternate work sites, or requesting time off using accrued benefit time.

For local emergencies and real-time incident updates, employees may also follow relevant County departments on social media sources such as X.com:

LA County Office of Emergency Management: https://x.com/ReadyLACounty

LA County Fire Department: https://x.com/LACoFDPIO

LA County Sheriff’s Department: https://x.com/LASDHQ

For information on road closures, employees may access LA County’s Public Works Road Closure website at: https://dpw.lacounty.gov/roadclosures/

Lastly, DHR PPG 550 (page 5) can also be consulted for Countywide guidance on emergency telework protocols, and CSR 16 for an employee’s ability to take a leave of absence with their department’s approval.

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Emergency Telework is a tool built into the County’s Telework Program that allows departments to quickly transition a greater number of employees to remote work temporarily in response to an emergency event. Emergency Telework protocols are may only be authorized by central County leadership (i.e., the Chief Executive Officer or Department of Human Resources) or the Department’s executive leadership in response to an organizational or local emergency. Emergency telework may not be approved for personal reasons or any other reason unrelated to an organizational or local emergency event.

An example of a departmental emergency may be the evacuation of the department’s headquarters or facility due to a known threat or utility outage, whereas a local emergency may be declared by the Board of Supervisors in response to a wide-reaching disaster, such as a wildfire.

When Emergency Telework Protocols are activated, departments are able to suspend the following routine telework requirements to allow the greatest level of flexibility:

• Training – Individuals who have not completed the County’s teleworker trainings will be permitted to begin emergency telework without delay, with the understanding that the training will be completed online as soon as practicable and that all necessary information security and technology requirements will be met before the employee commences remote work.
• Telework Agreement – Employees who do not have a signed Telework Agreement on record will be permitted to begin emergency telework arrangements after receiving written or verbal approval from their management.
• Selection Criteria – Classifications whose duties and tasks would not necessarily be compatible with a regular telework schedule may be considered for emergency telework arrangements.

Use of emergency telework is not a guarantee in all working situations though. It may only be used by County employees with management approval when sufficient duties can be performed from an alternate worksite (often the employee’s residence).

Authorities

BOS Policy 9.090 – Telework Program

PPG 550 – Telework Program

https://employee.hr.lacounty.gov/telework

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Note that Civil Service Rules (CSRs) only apply to classified positions, and that, according to CSR 17.01, they may only be reinstated to a position that they "held on an eligible basis prior to [the employee's] separation, or to any other position to which a transfer, reassignment or voluntary reduction from that position would be authorized by these Rules." Since CSRs only apply to classified employees, unclassified employees would not be authorized to transfer, be reassigned, or be voluntarily reduced to a classified position according to CSRs. Therefore, after their retirement, only the classified positions they held may be considered as a basis for reinstatement.

For example, if someone holds the (classified) title of Principal Analyst, Human Resources, and then they promote to the (unclassified) position of Administrative Deputy before retiring from that position, then the retiree may be considered for reinstatement through CSR 17.01 only to the position of Principal Analyst, Human Resources or to an equal or lower position.

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Since Civil Service Rules only apply to classified positions, a retiree who had only ever held unclassified positions would not qualify for reinstatement under CSR 17.01. That said, they would be able to be hired as a 120-day retiree to a classified item if they are hired off an eligibility list. Retired employees who only ever held UC items may be hired as 120-day retirees to UC positions without going through the examination process.

Since the rehiring of retirees requires the approval of CEO, it is best to consult the department’s assigned CEO Classification/Compensation Analyst.

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Yes. While MegaFlex employees do not accrue sick leave, they can still use full-pay sick leave that they earned prior to becoming MegaFlex employees.
In fact, pursuant to PPG 530 – Managing Sick Leave, if a Megaflex employee has any accrued sick leave, and needs to take time off work for reasons that they would be permitted to use sick leave for (e.g. sick), they are required to use all accrued sick leave before any Elective Leave can be used for such absences.

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No. The USCIS Handbook for Employers M-274 section 2.0 Who Must Complete Form I-9 confirms that,

Both BOS Policy 9.100 – Volunteer Program Policy and the County of Los Angeles Volunteer Program Policy Manual define a volunteer as a person who,

performs voluntary service in a County department for civic, charitable, or humanitarian reasons and without promise or expectation or receipt of compensation for services rendered;

2. offers such voluntary service freely and without pressure or coercion, direct or implied, from the County; and
3. is not otherwise employed by the County to perform the "same type of services" as those for which the individual proposes to volunteer. Volunteers are not to supplant County employees; rather volunteers are intended to assist paid staff in providing service enhancements and/or new services.

As such, unless a volunteer is receiving compensation, they are not required to complete Form I-9.

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Retirees from the County of Los Angeles have a unique opportunity to continue their public service legacy through post-retirement temporary assignments. The County can temporarily reemploy eligible retirees with unique skills (as deemed by the County) for up to 120 days without stopping their retirement allowance.

Retirees can rejoin County service in this temporary capacity outside of the examination process. Individuals interested in such assignments may reach out directly to a department’s Human Resources team if they have interest in a specific role, or may apply to the Los Angeles County Encore Program, which centrally works to place interested retirees with departments in search of specific skills and experience.

CSR 17.01.B.

Reinstatement of Retirees to a 120-day Assignment. After approval by the director of personnel, any retiree who has been separated from county service, without fault or delinquency, may be reinstated by the appointing power to an appropriate position, requiring special skills or knowledge, for a period not to exceed the greater of 120 working days or 960 hours in any one fiscal year.

More information about the Encore program and enlisting in the retiree registry can be found at https://hr.lacounty.gov/encore-retiree-rehire-program. Question can be directed to EncoreRetirees@hr.lacounty.gov.

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Under PPG 530 – Managing Sick Leave, and County Code 6.20.120 – Proof of absence, department heads may require an employee to furnish a medical certification or other proof of illness or injury that is satisfactory to the department head before the absence is authorized.

If a supervisor has concerns about the validity of a medical certification, they should seek clarification from their human resources on how to proceed, without requiring or requesting disclosure of any diagnosis or medical condition from the employee. Employees are expected to cooperate with the department and provide necessary information/documentation to support authentication.

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Supervisors should be familiar with departmental attendance policies as well as countywide policies related to managing sick leave and attendance. Per PPG 530 – Managing Sick Leave, supervisors are expected to address concerns about employee absences while respecting the employee’s privacy. To help reduce sick leave abuse, supervisors and departments should:

Clearly communicate departmental and countywide policies, standards, and expectations related to unscheduled sick leave and its impact on the department’s operations.

Monitor, track, and analyze occurrences of unscheduled and unprotected sick leave.

Document instances where employees fail to meet attendance standards and apply those standards consistently and uniformly.

Take appropriate corrective and/or disciplinary actions when necessary.

Supervisors may use a call out log as a tool for documenting and monitoring absences. If supervisors have concerns about an employee’s frequent, prolonged, or patterned absences (for example, absences occurring consistently around weekends), they should contact their department’s human resources performance management unit for assistance in addressing potential sick leave misuse or abuse.

Departmental human resources staff should consult with DHR Advocacy and County Counsel before designating any dates as codes other than UAWOP for disciplinary purposes.

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Electronic signatures are permissible; however, as best practice in the County, Form I-9s should be completed in person and include a wet signature.

According to the US Citizenship and Immigration Services (USCIS), an organization may complete Form I-9 electronically using an electronic signature if its system does the following:

• Allows individuals to acknowledge that they read the attestation
• Attaches the electronic signature to an electronically completed Form I-9
• Affixes the electronic signature at the time of the transaction
• Creates and preserves a record verifying the identity of the person providing the signature
• Provides a printed confirmation of the transaction upon the employee’s request
• Includes a method to acknowledge the attestation required in Section 2

If the department chooses to use electronic signatures for Form I-9 but does not comply with these standards, the Department of Homeland Security may determine that the form was not completed properly, resulting in a violation of Section 274A(a)(1)(B) of the INA (8 CFR Part 274a.2(b)(2)).

DHR – Policy and Appeals Division
Phone: (213) 400-5589
Inbox: DHRPolicy@hr.lacounty.gov

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It depends on the worksite and whether there is a departmental policy or procedure that may prohibit the practice.

While there are Countywide authorities that prohibit sleeping while on duty during working hours (PPG 820, Countywide Discipline Guidelines: For Employees), there is no similar Countywide rule that restricts employees from sleeping during their non-working hour rest periods.

For example, PPG 531, Attendanceexplains that meal or break periods are distinct from working hours. The policy states that work schedules and designated starting and end times, lunch breaks, and rest periods are established by each appointing authority based on the needs of the department. Employees are expected to arrive on time, be ready to work and perform their essential functions during working hours.

The County’s Interpretive Manual further explains that because the County does not compensate employees for meal periods (where no work is being done) it is not considered working hours. The Interpretive Manual also clarifies that it is not necessary to require employees to be off County property during their rest periods. In addition, Countywide authorities do not restrict employees from sleeping during their non-working hour meal or break periods.

However, it should be noted that there may be departmental policies and procedures that have an impact on particular workplace settings. For example, some County worksites permit sleeping time during certain working hours when the employee is on duty for 24 hours or more and specified conditions are met.

To obtain information on any department specific policies, it is recommended to contact your Department Human Resources Division.

Authorities

PPG 820, Countywide Discipline Guidelines: For Employees

Being asleep or inattentive while on duty in normal work periods is an offense that may be subject to disciplinary action ranging from a warning to a multiple day suspension up to discharge depending on the circumstances.

PPG 531, Attendance

Work schedules and designated starting and end times, lunch breaks, and rest periods are established by each appointing authority or their designee based on the needs of the department. Employees are expected to arrive at their assigned work locations able to perform all of the essential functions of their positions and ready to work at their designated starting times. Employees are also expected to return to work from meal and other breaks as scheduled.

County’s Interpretive Manual

Meal periods are not work time, as long as employees are completely relieved from duty. It is not necessary that they be allowed to leave the premises, but if they are required to continue working and cannot use the meal period for their own benefit, they have not been relieved from duty and are working during the meal period.

During shifts of 24 (twenty-four) hours or more, a sleeping period not to exceed eight (8) hours may be counted as non-work hours provided there is an agreement with the employee and/or the employee’s representative to do so, and adequate facilities are provided.

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No. Under normal circumstances, may not be retroactively applied for Safe Leave (and in general). Once the employee has returned to work on a full time or limited, or intermittent basis, the employee must use their full pay sick leave earned. In most situations, the use of PPSL for Safe Leave would likely be in atypical or extraordinary circumstances.

County Code Section 6.20.050.C – Sick leave—Limitations, provides in part:

A person who is compelled to be absent because of sickness or injury, or for non-emergency medical or dental care, may elect to take time off on vacation, or compensatory time for overtime or holidays worked rather than sick leave, except that a person on part-pay sick leave must remain on such leave until it is exhausted, and may not elect any other types of leave unless authorized by his department head. Retroactive adjustments to previously used part-pay sick leave to accrue full-pay leave benefits are prohibited.

Employees should work with their department’s Leave Management Coordinators and payroll officers to ensure that Part-Pay Sick Leave and Safe Leave are correctly applied and coded on their timecards.

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Under County Code 5.31, the Director of Personnel is responsible for providing direction and guidance on establishing Environmental Health and Safety Programs; however, it is the responsibility of each department to develop and implement ergonomic policies and practices to meet the needs of their unique workforce. Due to the vast variability in County functions, worksites, equipment, and tasks, there is no one standard ergonomic program that would fit the entire County workforce.
Although each program may differ based on the needs and functions of the workforce, departments are required to abide by the minimum standards set in CA Government Code. In alignment with CA §5110. Repetitive Motion Injuries (RMIs), all departments must establish and implement a program that aligns with best practices to minimize RMIs. Minimum universal program expectations include conducting worksite evaluations, control of exposures which have caused RMIs, and training of all employees.
The minimum requirements of all County Ergonomics Programs are further outlined in PPG 612 - Minimizing Repetitive Motion Injuries Through Ergonomics. The Countywide PPG also offers Countywide resources and an overview of ergonomic best practices to support departments in the development of a successful Ergonomics program for their workforce.

The CEO Loss Control and Prevention Unit is available to provide departments with assistance in evaluating RMIs and making recommendations to prevent or mitigate them. The unit can be reached by calling (213) 738-2269 or emailing LossControl@ceo.lacounty.gov.

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PPG 612 - Minimizing Repetitive Motion Injuries Through Ergonomics clarifies that workplace safety training is required when an employee is first hired, as well as anytime a new task presents a new or different hazard that the employee was not previously trained on. Likewise, worksite evaluations should be performed anytime an employee is assigned a new task with recognized risk factors that the employee was not previously exposed to.

Training standards are established for all CA employers by CA §5110. Repetitive Motion Injuriesand more clearly defined for County departments and offices by PPG 612. Departmental ergonomic training should, at a minimum, include an overview of the department’s Ergonomics Program; risks and consequences of RMIs; methods to reduce RMIs; the importance of reporting injuries; and the department’s process for addressing requests for ergonomic evaluations and equipment.

Special consideration should be taken by departments that permit employees to work from alternate locations or engage in alternate work arrangements, such as Telework. Departments that participate in regular telework should ensure that ergonomics when teleworking are included in their overall Ergonomics Program.

Relevant Excerpts from PPG 612:

(A.)(4.) Minimizing Repetitive Motion Injuries

Provide training: Train all employees, supervisors, and managers on safe work practices, including creating and maintaining a safe work environment, to preclude future occurrences of RMIs.

At a minimum, the training must include an explanation of:

1. The department’s Ergonomic Program;
2. Exposures associated with RMIs
3. Symptoms and consequences of injuries caused by repetitive motion
4. The importance of timely reporting symptoms and injuries
5. The methods used by the department to minimize RMIs and
6. The department’s process for addressing requests for ergonomic evaluations and equipment.

(B.)(3.) Preventing Repetitive Motion Injuries

Training: When employees and supervisors are first hired or are assigned to a new role that exposes them to new risk factors, they should be trained by the Safety Officer and/or Safety Representative on established safe work practices as a part of their orientation…

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A successful Ergonomics Program aims to prevent Repetitive Motion Injuries (RMIs) from occurring in the first place by designing operations to include proper selection and use of tools, job methods, workstation layout, and materials to reduce stress and/or strain on employees. The key is to eliminate or minimize ergonomic risk factors, which often present as ‘mismatches’ between work activities and individual employee needs that can lead to discomfort or injury. This includes factors such as sustained awkward postures; repetitive movements; improperly aligned workstations; and/or poor tool design, use or alignment. Preventing ergonomic risks may be as simple as using a headset to prevent neck strain or rearranging workstations to eliminate or significantly reduce overreaching.

Successfully reducing ergonomic risk factors in the workplace requires the integration of both engineering controls (redesigning workstations, providing ergonomic equipment, etc.) and administrative controls (scheduling breaks, varying tasks, etc.). Integration of both control types is important in preventing and reducing potential strain, fatigue and physical injury. Ultimately, however, engineering controls are preferred to administrative controls because they eliminate the risk factors as opposed to merely reducing exposure to them.

The most common ways to ensure that procedures, tasks, and workstations are designed to meet the basic ergonomic principles are as follows:

• The most commonly used items should be the closest to the employee to prevent overreaching
• Use good postures, maintaining the normal slight inward curve in the lower back, to properly align the heck, head, and shoulders
• Change position and posture on a regular basis, as the task allows
• Provide access to and clearance for needed equipment
• Enhance employee understanding of the proper layout and configuration of workstations by providing fact sheets, informational materials, and other such resources
• Minimize direct pressure points and
• Place monitors at proper height and in a direct line of vision.

The CEO Loss Control and Prevention Unit is available to provide departments with assistance in evaluating RMIs and making recommendations to prevent or mitigate them. The unit can be reached by calling (213) 738-2269 or emailing LossControl@ceo.lacounty.gov.

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The Sheriff Department’s Security Operations Unit (SOU) is the central Workplace Violence and Threat Assessment management authority for all Los Angeles County facilities and employees who work in those facilities. SOU will provide consultation to, and if requested, meet with County departments regarding acts of violence, threats, or other security incidents. SOU is also available to conduct physical security assessments of any Los Angeles County facility or workplace and provide appropriate security recommendations for specific incidents.

As a reminder, per County policy (PPG 620 – Workplace Violence/Threat Management) Supervisors must act immediately upon all employee reports of threats or acts of violence. The following actions should be taken in cases of imminent threat in the workplace:

• Seek personal safety;
• Immediately notify onsite security personnel;
• Obtain emergency assistance from local law enforcement by calling 911;
• Notify departmental supervisor or managers in the chain of command;
• Warn potential victim(s); and
• After the event, the supervisor or manager shall contact SOU within 24 hours.

Any questions regarding the County’s workplace violence policy and available resources should be directed to SOU at (213) 974-7926 or by email at sir@lasd.org.

More information about SOU and its services can be found online at http://bos.lacounty.gov/About-Us/Executive-Office-of-the-Board/Security-Operations-Unit.

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As described in PPG 620 – Workplace Violence / Threat Management, a threat or act of workplace violence constitutes a security incident. Such incidents of workplace violence may meet any of the following criteria:

• An incident placing a person or property at risk that requires action by local law enforcement authorities or security guards at a County facility, whether they were summoned or not.
• An incident placing a person at risk involving an on-duty (including break periods) County employee while on or off County property. This includes parking facilities, or while walking to or from an off-site parking facility to start or end a workday.
• An incident of a suspicious or unusual nature on County property that places people or property at risk or otherwise poses liability to the County.
• An incident occurring during non-business hours, on or off County property that impacts the workplace.

As a reminder, any and all security incidents must be reported to the Sheriff’s Security Operations Unit (SOU), as outlined in PPG 620.

In addition to calling SOU at (213) 974-7926, management must make sure that a Security Incident Report is completed and delivered to SOU no later than the end of the business day following the threat or incident. The Security Incident Report may be delivered directly to 500 West Temple Street, Suite B-98 Los Angeles, California 90012, or submitted by fax, (213) 613-0848, or email, sir@lasd.org.

Any questions regarding the County’s workplace violence policy and related trainings should be directed to SOU at (213) 974-7926 or by email at sir@lasd.org.

More information about SOU and the fillable Security Incident Report can be found online at http://bos.lacounty.gov/About-Us/Executive-Office-of-the-Board/Security-Operations-Unit.

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All County vehicles are designated as “no smoking” vehicles.

All County-owned facilities and facilities leased by or from the County, not open to the sky, are designated as no smoking areas.

Smoking, including use of electronic smoking devices, is prohibited in County facilities, within 50 feet of any operable entry or exit door or operable window, and within 25 feet of any access ramp or handicap path.

For a full listing of County areas and facilities where smoking is prohibited and a listing of definitions of smoking and smoking devices go to:

https://my.lacounty.gov/wp-content/uploads/2020/01/PPG616-SmokinginCountyFacilities12.23.19.pdf

For more information regarding “Smoking in County Facilities”, please contact the Department of Human Resources, HR Departmental Support Division at (213) 351-2924.

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The CEO Loss Control and Prevention Unit administers and provides direction to departments on the Countywide Environmental Health and Safety Program. However, each department head is responsible for developing and implementing their own environmental health and safety program based on departmental operations, including relevant policies and procedures.

The CEO Loss Control and Prevention Section is available to assist in investigating and making recommendations to alleviate environmental concerns. The section can be reached at (213) 738-2269 or LossControl@ceo.lacounty.gov. Additional contact information can be found on the CEO’s Risk Management website: https://riskmanagement.lacounty.gov.

Any questions regarding this policy should be directed to the Loss Control and Prevention Manager in the CEO’s Risk Management Branch at (213) 738-2214.

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The CEO’s Risk Management University provides online courses on a wide variety of safetyrelated issues, such as ergonomics, facility inspections, water intrusion, and indoor air quality evaluations. Training modules are also offered via the Learning Link website. For more information and access to both resources, click https://riskmanagement.lacounty.gov/riskmanagement-university/.

The CEO Loss Control and Prevention Section is also available to assist in investigating and making recommendations to alleviate environmental concerns. The section can be reached at (213) 738-2269 or LossControl@ceo.lacounty.gov. Additional contact information can be found on the CEO’s Risk Management website: https://riskmanagement.lacounty.gov.

Any questions regarding this policy should be directed to the Loss Control and Prevention Manager in the CEO’s Risk Management Branch at (213) 738-2214

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It depends!

The answer varies depending on an individual’s COVID-19 symptoms and the requirements of their department’s illness and injury prevention program (IIPP).

As of this writing (August 2, 2024), current Cal/OSHA COVID-19 Prevention Non-Emergency Standards (Non-Emergency Standards) require employers to exclude COVID-19 cases from the workplace during the infectious period (as defined below). Employers are also required to take measures to prevent the spread of COVID-19 in the workplace as well as identify and correct COVID-19 hazards in the workplace. This may include restricting access to the workplace, depending on the circumstances.

Current state guidance also requires employers to treat COVID-19 as a workplace hazard and to include it in worksite illness and injury prevention plans (IIPP). Within the County workforce, each County department has established COVID-19 Prevention Plans as part of their IIPP to identify, address and prevent COVID-19 in their workplaces.

This means that COVID-19 prevention protocols may vary by Department or workplace. In other words, there will be situations that call for an employee to be excluded from the workplace as well as occasions where it might not be required, depending on the specific circumstances. Therefore, it is recommended that employees contact their Departmental Human Resources team for details about their department’s COVID-19 Prevention Plan. Departmental Human Resources personnel will be best situated to advise individuals on their workplace’s isolation or exclusion protocols for COVID-19 cases.

“Infectious Period”
The “infectious period” is defined by the State as follows:

• For COVID-19 cases with symptoms, it is a minimum of 24 hours from the day of symptom onset. COVID-19 cases may return if 24 hours have passed with no fever, without the use of fever-reducing medications and their symptoms are mild and improving.
• For COVID-19 cases with no symptoms, there is no infectious period for the purpose of isolation or exclusion. If symptoms develop the previously referenced criteria will apply.

It should be further noted that state guidance provides that employees can return to work without a negative test if they are no longer in their infectious period and wear a face covering until 10 days have passed since symptoms began or the date of their first positive test.

Authorities
Cal/OSHA COVID-19 Prevention Non-Emergency Regulations

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No.

An employee is only eligible to receive a leave donation for an absence due to illness or injury.

The County’s Interpretive Manual explains that for an employee to be eligible to receive a leave donation for an absence due to illness or injury, the illness or injury must be of a serious or prolonged nature. A qualifying illness or injury would include pregnancy disability. However, the portion of leave taken for pregnancy disability is considered separate from time taken to care for a newborn or for baby bonding time during a parental leave of absence.

Donated Leave time cannot be used for the non-pregnancy disability portion of a parental leave. Since there may be occasions when a parental leave of absence extends beyond the pregnancy disability time period to care for a newborn, it should be distinguished from the non-pregnancy disability portion of the leave. For example, Employee A took a ten-week parental leave of which six weeks was granted as pregnancy disability leave. Only the six weeks of pregnancy disability would be eligible for leave donation. The remaining leave time would not be because Donated Leave time cannot be used for absence that is not due to a qualifying illness or injury period.

Determinations about eligibility for certain leaves and use of Donated Leaves will vary depending on the individual employee’s situation as well as any departmental protocols that may be in place. Since eligibility is determined on a case-by-case basis, it is recommended that you contact your departmental leaves coordinator who can provide more detailed guidance on specific leave requests. They may also have additional information on other resources that may be available to an employee contemplating or in need of requesting a parental leave of absence.

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An employee seeking a reasonable accommodation may submit a request in writing or verbally request a reasonable accommodation to their supervisor, manager, or the Department's Disability Management and Compliance Coordinator.

Departments may request documentation from an appropriate medical provider if an employee has not already provided reasonable medical documentation confirming the existing of a disability and the need for reasonable accommodation. PPG - 627 Interactive Process and Reasonable Accommodation states that the medical provider's documentation submitted to the County should specify:

1. The physical and/or mental limitations imposed by the disability or medical condition.
2. For each limitation, the expected duration and whether it is permanent or temporary.
3. Work restrictions, only and is not to contain a diagnosis, treatment plan, or designate accommodation to be provided.

When a department becomes aware of the possible need for an accommodation, Departments must engage in a timely, good faith Interactive Process in order to determine if (any) or what accommodation can be provided.

For additional information on reasonable accommodations and the interactive process, employes should contact their Disability Management and Compliance Coordinators in their department's Human Resources section.

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On October 11, 2023, California passed into law Senate Bill (SB) 848 – Reproductive Loss Leave, which went into effect on January 1, 2024. This leave is separate and distinct from the County’s Bereavement Leave as afforded by County Code 6.20.080(A) and labor MOUs.

“Reproductive loss” is defined as a failed adoption, failed surrogacy, miscarriage, stillbirth, or unsuccessful assisted reproduction.

An eligible employee may take up to five (5) unpaid days of consecutive or intermittent reproductive loss leave for each reproductive loss event they experience. An eligible employee may elect to use any available time accrued to cover this leave, including but not limited to vacation, elective/non-elective leave, and accrued sick leave.

This leave must be taken within three (3) months of the reproductive loss event. However, if the leave is taken pursuant to any other leave entitlement under state or federal law prior to or immediately following a reproductive loss event, the employee would be required to complete the reproductive loss leave within three (3) months of the end date of the other leave.

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County employees with permanent status are provided with procedural rights before they are released for medical reasons. Employees, along with their representatives, have the right to respond to the facts contained in the department’s notice of intent to medically release, either orally or in writing to the department’s notice within 10 business days from the date the employee was notified of the proposed action. Employees who choose to respond in person may arrange a Skelly Meeting by contacting the departmental contact listed on the intent notice.

If the employee disagrees with the determination of the department in the final notice, the employee and/or their representative may file an appeal with the Department of Human Resources. The appeal must be received within ten (10) business days from the postmarked date on the envelope in which the notice was mailed.

Appeals may be submitted to the County Appeals Program’s eAppeals website.

Technical support related to submitting an appeal may be found on the eAppeals Technical Support website.

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An FFDE is a medical or psychological evaluation of an employee performed by a licensed healthcare provider, that is conducted when there is a legitimate work-related need for the evaluation. The purpose of an FFDE is to determine the employee’s ability (e.g., emotionally, mentally, and physically) to safely and effectively perform their essential job functions with or without reasonable accommodation.

An FFDE may be required under the following conditions:

If a department has a reasonable belief based on objective observations that an employee may have a medical or psychological condition that affects their ability to fully and safely perform their essential job functions, or

If the employee may have a medical or psychological condition that could result in a direct threat to themselves or others, or

In situations where a department cannot obtain reasonable medical documentation/information (including applicable work restrictions) from an employee’s health care provider, has conflicting information between health care providers, or has a concern that the employee’s ability to perform their essential job functions is not consistent with their documented work restrictions.

An employee may be required by their department to undergo an FFDE as authorized by the Department of Human Resources (DHR) if one or more of the above conditions are met. A department may request the FFDE after all other measures such as protected leave and/or disability compliance have been reviewed, or any performance issues have been addressed through the administrative process.

The findings of the FFDE will be used to help the department determine an appropriate resolution for the employee which ranges anywhere from releasing the employee back to work with no restrictions, to releasing the employee from County service. An employee who disagrees with the findings of an FFDE may request reconsideration from DHR by completing their own FFDE and submitting the results to DHR in accordance with DHR-PPG 626, Fitness for Duty Evaluations.

Employees with additional questions on the FFDE process must be directed to their Departmental Human Resources Manager (DHRM) or appropriate designated representative.

Departments with questions on the FFDE process, or departments requesting an FFDE may e-mail DHR at FFDE@hr.lacounty.gov, or contact the Chief of Psychological Services at (213) 433-7220.

More information about FFDEs can be found on the official DHR-OHP website.

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A supervisor or manager at the job site should immediately notify the department safety officer or representative and the human resources manager. Department representatives should attend the inspector’s “opening conference” to learn the reasons for the inspection. The safety officer or representative should plan on being present during the opening conference and inspection. The department should present the inspector with any requested departmental records related to the inspection (e.g., Injury and Illness Prevention Program, Cal/OSHA Form 300, maintenance records). At the close of the investigation, department representatives should plan on attending the inspector’s “closing conference” to discuss the findings and note any actions needed to correct any unsafe or unhealthful conditions.

Any questions or assistance related to workplace environmental concerns may be directed to the Chief Executive Office’s Risk Management Branch, Loss Control and Prevention (LCP) Section, at LossControl@ceo.lacounty.gov or (213) 738-2269. For additional contact information on your department’s assigned LCP Specialist, please visit: https://riskmanagement.lacounty.gov/safety-contact-us-page/

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Yes! All County employees, regardless of whether they are permanent, temporary, or as-needed, who chooses to participate in a statewide election and does not have sufficient time outside of their regular working hours to do so, are permitted up to two (2) hours of paid election leave time to vote.

In order to qualify for paid election time, however, employees must meet the following conditions:

1. The employee does not have sufficient time to exercise their right to vote either during Early Voting or on Election Day outside of their regular work schedule.
2. The employee provided sufficient notice to their immediate supervisor by requesting time off at least two (2) business days prior to Election Day or at least two (2) business days prior to the date intended to vote if the employee prefers to participate in Early Voting.
3. The employee’s request was approved by their immediate supervisor

Employees are permitted to take as much time as they need to exercise their right to vote, however only a maximum of 2 hours is eligible for paid election leave time. Any additional time needed outside of the 2 hours is considered personal time. An employee is permitted to request additional time off to vote; however, they would need to use benefit time or authorized absence without pay (AA) if benefit time is not available.

A supervisor should not deny a request for time off to vote if the employee provided a justifiable need and adequate notice of the intent to take time off to vote.

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County of Los Angeles, Department of Human Resources (DHR) Policies, Procedures, and Guidelines (PPG) 702, The Family School Partnership Act for County Employees addresses this subject. The intent of this policy is to facilitate the participation of employed parents or guardians in early childhood education, and the school and child care provider activities of their children in accordance with State law (California Labor Code section 230.8) as amended on January 1, 2016, and County Policy.

For an employee who is a parent of a child, the following are acceptable activities under State law and County Policy:

• To find, enroll, or reenroll their in a school, child care or preschool program, or with a licensed child care provider;
• To participate in school, child care or preschool program, or licensed child care provider activities. (Some examples of activities include, but are not limited to, volunteering in a child’s classroom, field trips, school plays, musicals, sports events, or parent/teacher meetings.); and
• To address a school or child care provider emergency.

Questions regarding this policy may be directed to your department’s human resources manager or DHR Policy Unit at DHRPolicy@hr.lacounty.gov

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County of Los Angeles, Department of Human Resources (DHR) Policies, Procedures, and Guidelines (PPG) 702, The Family School Partnership Act for County Employees addresses this subject. The intent of this policy is to facilitate the participation of employed parents in early childhood education, and the school and child care provider activities of their children in accordance with State law (California Labor Code section 230.8) as amended on January 1, 2016, and County Policy.

Under the policy, any employee is eligible who is a parent, as defined by California Labor Code section 230.8 (i.e., parent, guardian, stepparent, foster parent, or grandparent of, or a person who stands in loco parentis to a child), of one or more children enrolled in school, kindergarten through twelfth grade, a licensed child care provider, or in a child care or preschool program serving children under five years of age.

For purposes of this policy, loco parentis to a child means that the person is acting in place of the parents and has assumed the rights, duties and responsibilities of the parents on a full-time basis, even if formal legal custody has not been obtained.

Questions regarding this policy may be directed to the department’s human resources manager or the manager of the DHR, HR Departmental Support Division, at (213) 351-8945 or DHRPolicy@hr.lacounty.gov.

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County of Los Angeles, Department of Human Resources (DHR) Policies, Procedures, and Guidelines (PPG) 702, The Family School Partnership Act for County Employees addresses this subject. The intent of this policy is to facilitate the participation of employed parents in early childhood education, and the school and child care provider activities of their children in accordance with State law (California Labor Code section 230.8) as amended on January 1, 2016, and County Policy.

State law allows eligible employees up to 8 hours per month, not to exceed 40 hours per year, of leave to find, enroll, or reenroll a child in a school or with a licensed childcare provider, or to participate in school or licensed childcare provider activities. The 8-hour limitation per month does not apply to school or childcare provider emergencies; however, the annual entitlement is still limited to 40 hours.

Questions regarding this policy may be directed to the department’s human resources manager or the manager of the DHR, HR Departmental Support Division, at (213) 351-8945 or DHRPolicy@hr.lacounty.gov.

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County of Los Angeles, Department of Human Resources (DHR) Policies, Procedures, and Guidelines (PPG) 702, The Family School Partnership Act for County Employees addresses this subject. The intent of this policy is to facilitate the participation of employed parents in early childhood education, and the school and child care provider activities of their children in accordance with State law (California Labor Code section 230.8) as amended on January 1, 2016, and County Policy.

Employees are required to give reasonable notice of their intent to participate in their child’s activities at school, childcare or preschool program, or a licensed childcare provider. Employees are also expected to give notice as soon as practicable of an unplanned absence due to a school or childcare provider emergency.

In the event that the parents of a child are County employees located at the same worksite and more than one parent requests time off to participate in their child’s school/childcare activities, the employee who first gives notice to the department head or designee has priority for the planned absence. The other employee may only participate if the department head or designee approves the requested time off.

Questions regarding this policy may be directed to your department’s human resources manager or the DHR Policy Section at DHRPolicy@hr.lacounty.gov.

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County of Los Angeles, Department of Human Resources (DHR) Policies, Procedures, and Guidelines (PPG) 702, The Family School Partnership Act for County Employees addresses this subject. The intent of this policy is to facilitate the participation of employed parents in early childhood education, and the school and child care provider activities of their children in accordance with State law (California Labor Code section 230.8) as amended on January 1, 2016, and County Policy.

Employees are allowed to take time off to address a school or child care provider emergency, due to one of the following reasons:

• The school or child care provider has requested the child be picked up or it has an attendance policy (excluding planned holidays) that prohibits the child from attending or requires the child be picked up
• Behavioral or discipline problems
• Closure or unexpected unavailability of the school or child care provider, excluding planned holidays
• A natural disaster, including but not limited to, fire, earthquake or flood.

Questions regarding this policy may be directed to your department’s human resources manager or the DHR Policy Section at DHRPolicy@hr.lacounty.gov.

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County of Los Angeles, Department of Human Resources (DHR) Policies, Procedures, and Guidelines (PPG) 702, The Family School Partnership Act for County Employees addresses this subject. The intent of this policy is to facilitate the participation of employed parents in early childhood education, and the school and child care provider activities of their children in accordance with State law (California Labor Code section 230.8) as amended on January 1, 2016, and County Policy.

Under State law and County policy, eligible employees are guaranteed protected leave time to participate in school or childcare activities, as prescribed in PPG 702. Employees will not be discriminated against, disciplined, or otherwise suffer adverse treatment for requesting time under this leave. Although this leave is protected, it remains an unpaid benefit.

Leave

Employees may use accrued vacation, elective leave, nonelective leave, personal leave, or compensatory time off to participate in the school/child care activities of their children. Employees may not use sick leave for this purpose.

Departments should ensure that proper event codes are used to track the type of leave used by the employee.

Leave Without Pay

In the event that an employee has exhausted all paid leave, employee may use leave without pay for the purpose of participating in their child’s school/child care activities provided that this practice is consistent with similar policies within the department.

Questions regarding this policy may be directed to the department’s human resources manager or the manager of the DHR, HR Departmental Support Division, at (213) 351-8945.

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County of Los Angeles, Department of Human Resources (DHR) Policies, Procedures, and Guidelines (PPG) 702, The Family School Partnership Act for County Employees addresses this subject. The intent of this policy is to facilitate the participation of employed parents in early childhood education, and the school and child care provider activities of their children in accordance with State law (California Labor Code section 230.8) as amended on January 1, 2016, and County Policy.

The department may require reasonable written documentation from the school/childcare as verification that the employee engaged in child-related activities covered under this policy. Such documentation could be a simple statement on school/childcare letterhead, flyer and/or email with a description of the school/child care activity.

Questions regarding this policy may be directed to your department’s human resources manager or the DHR Policy Section at DHRPolicy@hr.lacounty.gov.

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An employee who volunteers as a living donor will receive protected and paid leave time for testing, harvesting, and reasonable recovery time to donate bone marrow or organ(s), within the parameters set by County Code 6.20.080 and Countywide Policies, Procedures and Guidelines (PPG) 701.

Donation Leave will be granted:

• When the employee is absent from their regularly scheduled duties to participate in testing, harvesting, and reasonable recovery time for bone marrow or organ donation.
• Only for time spent in testing, harvesting, and reasonable recovery time for bone marrow or organ donation, which occurs during the employee’s regularly scheduled work hours
• Medical examinations or testing conducted prior to or outside of the donation process does not qualify for Donation Leave.

Additionally, employees requesting Donation Leave must ensure that:

• Absences are requested and approved as far in advance as reasonable;
• Documentation is provided by a healthcare provider on the type of donation and required amount of time for testing, harvesting, and reasonable recovery.

Employees may elect to use their accrued benefit time to cover additional unpaid time off needed for recovery that goes beyond the paid Donation Leave (5-days for Bone Marrow Donation and 30-days for Organ Donation).

For more information regarding “Time Off for Bone Marrow and Organ Donations”, please contact the Department of Human Resources’ Countywide Leave Management Unit at ProtectedLeaves@hr.lacounty.gov.

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While there is no existing Countywide tuition reimbursement policy, County Code 5.52, Tuition Reimbursement Program grants authority to each department to establish their own policies, procedures, and conditions governing the reimbursement of tuition for their employees who have paid for and successfully completed courses related to their work.

For many County departments, the decision to implement such a reimbursement program is based on their fiscal condition and outlook.

5.52.040 - Administration and training standards.

The department head shall set training standards and administer the departmental tuition reimbursement program. Elements of the program involving budgetary aspects may be subject to the approval of the chief administrative officer.

5.52.130 - Plans—Established and maintained by department head—Contents.

A department head who wishes to participate shall prepare plans which may contain:

1. A statement of the department's policy concerning training;
2. An outline of the department's training program, including present and proposed training;
3. A justification of the proposed tuition reimbursement program in terms of the department's present needs or projected future needs, or both;
4. Classes of positions in which employees will be eligible to participate;
5. Proposed method of selection to be used when the training can be made available to only a limited number of employees;
6. Proposed departmental procedure for administering the department's tuition reimbursement program;
7. A definition of any proposed special conditions or limitations relative to classifications, participants, schools and similar matters;
8. A plan for the first year of the department's tuition reimbursement program, including an estimate of employee participation and an estimate of the requirements for financing. After the plan has been established it shall remain in effect until the department head proposes major changes.

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County code 6.21.010 allows employees to donate their unused accrued time to other employees that have exhausted their earned leave hours and, as a consequence, are in danger of forfeiting their salary.

As long as the conditions under County Code 6.21.010 are met and the request is approved by the receiving employee’s Department Head or designee, there is no limit to the number of times an employee can donate time. Leave donations received by an employee are not to exceed 1040 hours, unless otherwise approved.

County Code Section 6.21.010

To qualify for leave donations the receiving employee must be absent from work due to injury or the prolonged illness of the employee, must have exhausted or will foreseeably exhaust all earned leave hours including but not limited to sick leave, vacation (including elective and nonelective annual leave), compensatory time and holiday credits, and is therefore facing the loss of salary and benefits.

Employees who are absent from work due to an emergency as declared by the board of supervisors are eligible to participate in this leave donation program.

Policies, Procedures, and Guidelines 700

Donors

Upon the request of both the receiving employee and the donating employee(s), as well as upon approval of the receiving employee's appointing authority or designee…employees may donate accrued full-pay sick leave, vacation, non-elective annual leave, or compensatory leave on an hour-for-hour basis. All current and deferred vacation hours and non-elective annual leave may be donated. However, only that portion of full-pay sick leave in excess of 160 hours may be donated. Elective annual leave cannot be donated.

Questions regarding the relevant policies may be directed to your department’s human resources manager or the CEO’s Benefits, Classification, and Compensation Division at (213) 974-0470.

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County Code Section 6.21.010 and PPG 700 only allows non-represented employees to receive leave donations from other employees when they are absent from work due to a personal injury, a prolonged illness of the employee, or as a result of an emergency declared by the board of supervisors. The request must be approved by the receiving employee’s Department Head or designee.

The situations in which employees are not eligible to receive leave donations include, but are not limited to, caring for family members and maternity leaves when the employee is not disabled (e.g. baby bonding time). In addition, the employee can only begin accruing leave donations after exhausting all earned leave hours.

Leave donation procedures for represented employees are established in their applicable MOUs and may vary by bargaining unit.

County Code Section 6.21.010

To provide assistance to nonrepresented employees who have a serious or catastrophic illness or injury, or who are absent due to an emergency specifically declared by the board of supervisors, full pay sick leave, vacation hours, nonelective annual leave, and compensatory time may be transferred from one or more nonrepresented employees and donated to another nonrepresented employee, on an hour-for-hour basis, upon the request of both the receiving employee and the transferring employee(s), and upon approval of the receiving employee's appointing authority or designee

Questions regarding the relevant policies may be directed to your department’s human resources manager or the CEO’s Benefits, Classification, and Compensation Division at (213) 974-0470.

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An employee’s pumping time is a protected right; there is not a “right amount of time” for pumping as this process varies from person to person. The frequency and duration needed for these breaks will likely vary, and a reasonable amount of break time must be provided to an employee for pumping.

Many lactating individuals have found that they need an average of 15-20 minutes to pump. Typically, individuals pump every two to three hours or around two to three times per 8-hour work period.

For covered employees, lactation breaks may be taken concurrently with their paid rest breaks; any time beyond their regularly scheduled paid rest breaks is considered unpaid protected time. In those cases, the employee may elect to use their accrued and available benefit time to cover the unpaid break time. Managers, supervisors, and the employee may also agree, based on the needs of service, to reasonably adjust the employee’s work schedule to cover the unpaid break time.

Employees may contact their Department’s Lactation Coordinator and view the DHR Lactation Program website for additional information.

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The County implements its policy on the Family-School Partnership Act, (PPG 702, Family School Partnership Act for County Employees), according to the calendar year.

The Family-School Partnership Act requires employers with 25 or more employees to provide parents, guardians, or grandparents who have custody of a school aged child (kindergarten through 12th Grade) or a child attending a licensed day care facility with up to 40 (forty) hours of unpaid leave per year. Eligible employees are allowed up to eight (8) hours per month, not to exceed forty (40) hours per year. The eight (8)-hours limitation per month does not apply to school or childcare provider emergencies; however, the annual entitlement is limited to forty (40) hours.

PPG 702 explains that the leave may be taken to allow employees to participate in school activities, including field trips, school meetings and conferences with teachers or childcare providers. Other acceptable activities include to find, enroll, or re-enroll their child in a school, childcare or preschool program, or with a licensed childcare provider; to address a school or childcare provider emergency; due to closure or unexpected availability of the school or childcare provider, or due to a natural disaster (e.g. fire, earthquake or flood), among other things. However, employees are only allowed up to eight (8) hours per month, not to exceed forty (40) hours per calendar year.

Employees are required to provide reasonable notice of their intent to use this leave. In cases of a school or childcare provider emergency, employees are expected to provide notice as soon as practicable. For questions about departmental policies and procedures related to the Family-School Partnership Act, it is recommended that employees contact their Departmental Human Resources personnel.

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It depends on the worksite and whether there is a departmental policy or procedure that may prohibit the practice.

While there are Countywide authorities that prohibit sleeping while on duty during working hours (PPG 820, Countywide Discipline Guidelines: For Employees), there is no similar Countywide rule that restricts employees from sleeping during their non-working hour rest periods.

For example, PPG 531, Attendanceexplains that meal or break periods are distinct from working hours. The policy states that work schedules and designated starting and end times, lunch breaks, and rest periods are established by each appointing authority based on the needs of the department. Employees are expected to arrive on time, be ready to work and perform their essential functions during working hours.

The County’s Interpretive Manual further explains that because the County does not compensate employees for meal periods (where no work is being done) it is not considered working hours. The Interpretive Manual also clarifies that it is not necessary to require employees to be off County property during their rest periods. In addition, Countywide authorities do not restrict employees from sleeping during their non-working hour meal or break periods.

However, it should be noted that there may be departmental policies and procedures that have an impact on particular workplace settings. For example, some County worksites permit sleeping time during certain working hours when the employee is on duty for 24 hours or more and specified conditions are met.

To obtain information on any department specific policies, it is recommended to contact your Department Human Resources Division.

Authorities

PPG 820, Countywide Discipline Guidelines: For Employees

Being asleep or inattentive while on duty in normal work periods is an offense that may be subject to disciplinary action ranging from a warning to a multiple day suspension up to discharge depending on the circumstances.

PPG 531, Attendance

Work schedules and designated starting and end times, lunch breaks, and rest periods are established by each appointing authority or their designee based on the needs of the department. Employees are expected to arrive at their assigned work locations able to perform all of the essential functions of their positions and ready to work at their designated starting times. Employees are also expected to return to work from meal and other breaks as scheduled.

County’s Interpretive Manual

Meal periods are not work time, as long as employees are completely relieved from duty. It is not necessary that they be allowed to leave the premises, but if they are required to continue working and cannot use the meal period for their own benefit, they have not been relieved from duty and are working during the meal period.

During shifts of 24 (twenty-four) hours or more, a sleeping period not to exceed eight (8) hours may be counted as non-work hours provided there is an agreement with the employee and/or the employee’s representative to do so, and adequate facilities are provided.

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Ordered Absence

An Ordered Absence is a non-disciplinary, paid action when an employee is reassigned by management to a non-County work location from their regular work location. County of Los Angeles Department of Human Resources Policies, Procedures, and Guidelines (PPG) 810, Ordered Absence From Regular Work Location provides the following guidelines County departments are required to follow when ordering an employee to be absent from their regular work location:

• If a potentially unsafe or emergency situation involving an employee arises in the workplace or while off duty, and an individualized assessment determines the employee’s duties and responsibilities are adversely impacted, the appointing authority or designee may immediately reassign the employee to a different work location within the department pending an investigation. If reassignment to another work location will not mitigate the potentially unsafe or emergency situation, the employee may be, suspended without pay, in accordance with Civil Service Rule 18.01 and its due process requirements.

• If the above options are not appropriate for the situation, the employee may be reassigned to their home or other non-County work location, with Pay, pending completion of the investigation. This action is called an Ordered Absence, and is usually taken to prevent the employee from interfering with an investigation regarding allegations of misconduct., to reduce the risk of harm or danger to employees or members of the public, to reduce the risk of damage or loss to County property or records, or to reduce the County’s liability for potential actions of the employee.

• The Ordered Absence should not exceed 30 calendar days, unless extended in writing with the approval of the department head or designee.

Telework

As defined in Board of Supervisors' Policy 9.090 - Telework Program, telework is defined as "an approved alternate work arrangement allowing employees to perform the normal duties and responsibilities of their positions at an approved worksite other than the location where they ordinarily work; this can be either at home, a field work location, or an alternate facility."

The County Telework Program is designed to be an innovative workplace option contributing to the improvement of work quality, increased productivity, and achievement of air quality and traffic reduction goals. Telework may be used to maintain operations during disasters and other emergencies.

Telework is considered a management option, not a universal employee benefit. Departments are encouraged to implement telework when it is deemed mutually beneficial to both the department and the participating employee. All telework policies, standards, and procedures must be followed to remain eligible for program participation. Prior to participating in the Telework Program, an employee and their supervisor are required to obtain a certificate of completion from County Telework Training, complete the Telework Agreement Form, and acknowledge their obligation to comply with the County's telework standards and procedures, as specified by Countywide authorities and the Telework Procedures Manual.

Policy questions regarding an Ordered Absence should be directed to the Department of Human Resources (DHR) Policy Section at DHRPolicy@hr.lacounty.gov. Questions regarding the County Telework Program should be directed to the DHR Telework mailbox at Telework@hr.lacounty.gov.

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The existing requirement per the County of Los Angeles, Department of Human Resources (DHR) Policies, Procedures, and Guidelines (PPG) 810, Ordered Absence from Regular Work Location, is that at the end of the investigation or after 30 days, whichever occurs sooner, the department must return the employee to work or provide notice (in writing) of the extension of the Ordered Absence (OA). The policy is silent with regard to departmental requirements to provide additional notifications to the employee.

The definition of an OA is a non-disciplinary, paid action when an employee is reassigned by management to a non-County work location. The 30-day time frame for OAs was established to encourage departments to prioritize and expedite investigations in which an employee is being paid, in many cases without performing work. As a best practice, it is recommended that the department continue to communicate (in writing) with the employee if there is a need for further extensions of the OA. This is also a safeguard so the department does not unnecessarily prolong the investigation. It also helps to ensure that the conditions of the OA continue to be defined, monitored, and complied with by the employee throughout the duration of the OA.

Policy questions regarding this subject should be directed to the DHR, HR Departmental Support Division, at DHRPolicy@hr.lacounty.gov. Questions regarding the placement of an employee on Ordered Absence should be directed to DHR’s Civil Service Advocacy Division, at (213) 974-2599.

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Unlike suspensions, Ordered Absences are not considered disciplinary actions and are generally taken to remove an employee from county facilities pending the conclusion of a departmental investigation. Employees placed on Ordered Absence continue to receive their regular pay and benefits and must remain available during specified working hours. During a period of Ordered Absence, the employee maybe restricted from performing some or all of their normal functions and is prohibited from entering their normal work location or any County facility unless specifically authorized by the department's management.

Following the conclusion of the investigation, the department may initiate discipline in accordance with due process rights and existing procedures.

If, on the other hand, the investigation finds that disciplinary action is not warranted, the employee is returned to their regular work assignment.

Any questions or assistance related to placing an employee on an Ordered Absence may be directed to the Department of Human Resources (DHR) Civil Service Advocacy and Mediation Services Division.

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Skelly rights are due process protections for permanent County employees that include a pre-disciplinary hearing and written notice of a proposed disciplinary action.

An employee is entitled to Skelly rights if the employee is discharged during a promotional probationary period and successfully completed at least one previous probationary period. Discharge may be the appropriate disciplinary action when the probationer engaged in egregious conduct.

An employee is not entitled to Skelly rights in the subsequent promotional period if the employee is reduced during the promotional probationary period to their previously held permanent item. The employee may appeal such a reduction to the Director of Personnel.

• PPG 220 - Notice Requirements for “Unsatisfactory” Performance Evaluations at the End of Improvement Needed and Probationary Periods
  An employee who has not yet completed a first probationary period does not have property rights to the position and, therefore, is not entitled to Skelly rights. A permanent employee who has successfully completed one probationary period and is serving another, as in the case of a promotion, is not entitled to Skelly rights in the case of reduction, but must be accorded all Skelly rights (due process) before being discharged from County service.

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PPG 818 states that employees shall not supervise or be placed in positions of interrelated trust with a relative and/or someone with whom they have a personal relationship. Interrelated trust refers to positions with oversight, approval, or auditing relationships that help to ensure the integrity of the County’s internal controls and personnel, fiscal, or programmatic operations. Personal relationship is defined as a current relationship between persons because of cohabitation, romantic partnership or dating, financial partnership unrelated to official job duties, or with a person considered a relative as defined within PPG 818.

Employees must disclose if they are aware of any current or pending working relationships (inclusive of County employees, Commissioners, external contractors, temporary agency employees, and volunteers) that would be in violation of PPG 818. In general, employees must report working assignments that place them in supervisor-subordinate, direct, or indirect oversight, or auditing or approval roles with a relative or someone with whom they have a personal relationship.

It is the responsibility of the employee to notify their Departmental Human Resources Manager or designee in writing once they become aware of an assignment or reporting relationship that presents conflict of interest, or when the personal or professional relationship with another employee changes and is now covered under this policy.

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While there is not a singular countywide conflict-of-interest policy per se, there are various countywide authorities that establish guidelines to avoid actual and potential conflicts-of-interest in performing County duties.

For example, Board Policy 9.060, Outside Employment Reporting Requirements which outlines the requirements for County workforce members to report Outside Employment activities to help identify and address potential conflicts with an individual’s duties as a County employee.
In addition, County Code 5.44.010, Rules Governing Conflict of Interest grants authority to each department to establish their own policies and procedures governing the review and approval of noncounty employment. The County Code and State Law provide that an employee’s noncounty employment activity may be prohibited if it involves:

• The use of County time, facilities, equipment, supplies, or the badge, uniform, prestige or influence of county employment for private gain or advantage.

• Receipt or acceptance by the employee of any money or other consideration from anyone other than the county for the performance of an act which the employee would be required or expected to render in the regular course of county employment.

• The performance of an act in other than official capacity as a county employee, which may be subject directly or indirectly to the control, inspection, review, audits or enforcement of any other county employee.

• Time demands that would render the employee’s performance of assigned county duties less efficient.

• Or is clearly inconsistent with the operation, function or responsibilities of the department.

Questions about specific potential conflicts of interest should be directed to Departmental Human Resources Manager or departmental counsel who would be best situated to provide guidance on individual situations, including relevant departmental conflict-of-interest policies.

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It is the County’s policy to ensure workplace decisions are merit-based and free from any real or apparent conflict of interest, favoritism, or preferential treatment. Departments are required to make reasonable efforts to prevent nepotism and potential conflicts of interest by regulating the employment and assignment of relatives and certain personal relationships.

Under PPG 818, personal relationships and relatives are defined as follows:

A personal relationship is defined as a current relationship between individuals as a result of cohabitation, romantic partnership or dating, and/or financial partnership unrelated to official job duties, or any other relationship as defined by a “Relative” noted below.

A relative is defined as any known relationship formed by blood, marriage, or adoption, such as an individual’s:

• Spouse, ex-spouse, domestic partner, ex-domestic partner;
• Child (including stepchild, adopted child, child of domestic partner, foster child);
• Parent, stepparent, adoptive parent, legal guardian, foster parent;
• Sibling (including stepsibling, adoptive sibling, half-sibling);
• Grandparent, grandchild, step or adoptive grandparent, step or adopted grandchild;
• Father-in-law, mother-in-law, brother-in-law, sister-in-law, daughter-in-law, and similar relationships from a previous marriage or domestic partnership; and
• Aunt, uncle, spouse of aunt or uncle, cousin, niece, nephew.

Hence, employees who are relatives of, or have a personal relationship with a job candidate or current staff member should not participate in employment decisions which include (but are not limited to), decisions regarding examinations, hiring, evaluations, transfers or reassignments, reinstatements, promotions, and demotions. In addition, employees should not participate in investigations and/or disciplinary actions involving individuals with whom they have a personal relationship.

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Under the County’s Nepotism policy (PPG 818), conflicts of interest, personal relationships, and relatives are defined as follows:

A conflict of interest refers to situations where professional judgment, decisions, or actions may be compromised due to a conflict between personal interests and official responsibilities.

A personal relationship is defined as a current relationship between individuals as a result of cohabitation, romantic partnership or dating, and/or financial partnership unrelated to official job duties, or any other relationship as defined by a “Relative” noted below.

A relative is defined as any known relationship formed by blood, marriage, or adoption, such as an individual’s:

• Spouse, ex-spouse, domestic partner, ex-domestic partner;
• Child (including stepchild, adopted child, child of domestic partner, foster child);
• Parent, stepparent, adoptive parent, legal guardian, foster parent;
• Sibling (including stepsibling, adoptive sibling, half-sibling);
• Grandparent, grandchild, step or adoptive grandparent, step or adopted grandchild;
• Father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, and similar relationships from a previous marriage or domestic partnership; and
• Aunt, uncle, spouse of aunt or uncle, cousin, niece, nephew.

If a situation arises (e.g., as a result of a new hire, rehire, transfer, promotion, reassignment, or reorganization) where employees are assigned to positions where a conflict of interest exists, or to positions determined inappropriate under the County’s Nepotism policy, then the department head or their designee may transfer or reassign one of the individuals to the same or a comparable item elsewhere within the department as permitted by relevant existing authorities. These authorities include Civil Service Rule 15 - Assignment, Interdepartmental Transfer, and Change of Classification, or any applicable Memoranda of Understanding (MOU) for employees represented by a labor union. Similarly, employees involved in an intradepartmental or interdepartmental project with a relative or with whom another personal relationship exists may be reassigned to a different project.

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There is nothing preventing a prospective candidate from using their preferred first name when filing an application for County employment in NEOGOV. A preferred name refers to the first name that an individual routinely uses when interacting with colleagues, clients, and individuals in their personal lives, which may differ from their legal name (e.g., Joe v. Joseph, Esteban v. Steven).

However, if hired, the candidate will be obliged to use their legal name for much of the onboarding paperwork (e.g. live scan, I-9, payroll, etc.). As an employer, LA County is legally obligated to use an employee’s legal name in specific employment records and documents, including, but not necessarily limited to Form I-9, retirement, Live Scan, and paychecks stubs. In order to change their name on these documents, an employee must legally change their name and provide legal documentation confirming this change to their human resources office. Moreover, since prospective employees undergo background checks, it is important to ensure that the information that is provided on official records, like the onboarding paperwork, reflect the legal name as legal documents and official records are only accessible using the individual’s legally registered name.

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Upon request, an employee has the right to have their preferred name and/or pronouns be used in everyday oral and written communication including, but not necessarily limited to email, phone directory, County identification card or access badge, name plate, business cards, etc.

Employees also have the right to protection from discrimination, harassment, retaliation, or other inappropriate conduct based on their preferred name, pronouns, or gender identity. Any County employee who believes they have been discriminated against in a way that potentially violates the County Policy of Equity (CPOE) is encouraged to report to their supervisor, manager, or the County Intake Specialist Unit (CISU) at (855) 999-2367, or online at https://CEOP.bos.lacounty.gov.

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County policy (PPG 818, Nepotism and Personal Relationships) requires the disclosure of intimate or personal relationships when employees have direct supervision, hiring power or influence over relatives or individuals with whom they have close personal relationships.

“Personal relationship” is defined as a current relationship between persons as a result of cohabitation, romantic partnership or dating, financial partnership unrelated to official job duties, or any relationship defined as a relative under PPG 818. A relative is defined as any known relationship formed by blood, marriage or adoption.

Examples of relationships that could require disclosure include, but are not limited to, a spouse, fiancé, domestic partner, former spouse, parent, grandparent, children, aunt/uncle, cousin, niece/nephew, or parent/sibling in-laws. (Please see PPG 818 for additional examples).

In other words, employees must report working assignments that place them in supervisor-subordinate, direct or indirect oversight, or auditing or approval roles with a relative or someone with whom they have a personal relationship to avoid potential conflicts of interest. Examples of an oversight or approval role could include approval of invoices, contracts, budget requests or work assignments and schedules.

If there is no work-related interaction or supervisory role or other decision-making influence over an employee’s relative, spouse, or person they are in a personal relationship with (or their job duties) as part of their work assignment, then disclosure of the relationship is not likely required. However, if there is work-related interaction/intersection or either individuals have a role that may directly or indirectly influence oversight or decision-making over the other, then the relationship should be disclosed.

If an employee has questions about whether their personal relationship with another County employee should be disclosed, they are encouraged to contact their Departmental Human Resources team for personalized assistance.

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The County of Los Angeles is required by County Ordinance, State and federal law to maintain gender and race/ethnic data on all employees for equal employment opportunity statistical reporting. This information must be recorded in the County’s eHR system. To ensure accuracy, employees are asked to complete the Race/Ethnicity Self-Identification Form.

Procedures for obtaining information:

• All employees must be given the opportunity to voluntarily self-identify their gender and race/ethnic status.
• If the employee declines to self-identify their race/ethnicity, the Departmental Human Resources Manager or designee should make a visual determination of the employee’s race/ethnic code to complete the form.
• If the employee declines to self-identify their gender, the Departmental Human Resources Manager or designee should review the employee personnel file to make a determination (e.g., driver’s license, passport, or other official documentation) to complete the form.

These steps ensure that departments remain compliant with reporting requirements while still respecting an employee’s right to decline voluntary self-identification.

Should you have any questions, please contact the DHR Equal Employment Opportunity Officer at EEOPrograms@hr.lacounty.gov.

County Lead Work Unit and Contact Info
DHR – Workforce & Employee Development
Phone: (213) 364-8969
Inbox: EEOPrograms@hr.lacounty.gov

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No. Information and documents related to Ordered Absences, including the Notice of Ordered Absence designation to the employee, should not be placed in or noted in the official personnel file. Further, Ordered Absences should not be referenced in an employee's performance evaluation or on appraisals of promotability.

Each department shall maintain records of employees placed on Ordered Absence in the appropriate investigation file or designated tracking system. Such information is deemed confidential and should be limited to those with a legitimate need to know such information.

Any questions or assistance related to Ordered Absence may be directed to the Department of Human Resources (DHR) Civil Service Advocacy and Mediation Services Division.

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Skelly rights are due process protections for permanent County employees that include a pre-disciplinary hearing and written notice of a proposed disciplinary action.

An employee is entitled to Skelly rights if the employee is discharged during a promotional probationary period and successfully completed at least one previous probationary period. Discharge may be the appropriate disciplinary action when the probationer engaged in egregious conduct.

An employee is not entitled to Skelly rights in the subsequent promotional period if the employee is reduced during the promotional probationary period to their previously held permanent item. The employee may appeal such a reduction to the Director of Personnel.

• PPG 220 - Notice Requirements for “Unsatisfactory” Performance Evaluations at the End of Improvement Needed and Probationary Periods
  An employee who has not yet completed a first probationary period does not have property rights to the position and, therefore, is not entitled to Skelly rights. A permanent employee who has successfully completed one probationary period and is serving another, as in the case of a promotion, is not entitled to Skelly rights in the case of reduction, but must be accorded all Skelly rights (due process) before being discharged from County service.

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Yes. County of Los Angeles, Department of Human Resources (DHR) Policies, Procedures, and Guidelines (PPG) 910, Employees’ Cooperation in the AdministrativeInvestigation Process addresses this subject.

The County of Los Angeles is committed to ensuring that all administrative investigations are conducted in a fair, impartial and thorough manner. To that end, all County employees must fully cooperate in, and not take any action that could interfere with, delay, obstruct, distort, or influence, any administrative investigation process conducted by the County or any authorized agency. Employees shall make full, complete, and truthful statements during an administrative investigation, and shall be advised of their applicable rights. Statements obtained during an administrative investigation may not be used against an employee in a subsequent criminal proceeding.

Pursuant to Civil Service Rule 18.031, failure of an employee to cooperate in any administrative investigation process when properly advised of their rights, as applicable, may result in disciplinary action, up to and including discharge.

Please refer to PPG 910 and the Resource Guide for Investigations-Department of Human Resources to obtain more information about the guidelines and applicable provisions of law related to the County administrative investigation process.

Questions regarding this policy may be directed to the department’s human resources manager or the manager of the DHR, HR Departmental Support Division, at (213) 351-8945.

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Yes. The notification requirements to employees regarding participation in an administrative investigation are found in County of Los Angeles, Department of Human Resources (DHR) Policies, Procedures, and Guidelines (PPG) 910, Employees’ Cooperation in the Administrative Investigation Process.

The department head or designee shall provide notification to the employee of his/her required participation in the investigation, advise the employee of their role, as appropriate, and of the potential consequences for their failure to cooperate in the investigation process.

Please refer to PPG 910 and the Resource Guide for Investigations-Department of Human Resources to obtain more information about the guidelines and applicable provisions of law related to the County administrative investigation process.

Questions regarding this policy may be directed to the department’s human resources manager or the manager of the DHR, HR Departmental Support Division, at (213) 351-8945.

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Yes, employees have a right to representation during an administrative investigation. These rights are explained in County of Los Angeles, Department of Human Resources (DHR) Policies, Procedures, and Guidelines (PPG) 910, Employees’ Cooperation in the Administrative Investigation Process and the Resource Guide for Investigations-Department of Human Resources.

In summary, employees who reasonably believe that they may be subjected to disciplinary action may assert their right to representation during an administrative interview. The employee’s representative may be a person of their choosing, and does not have to be a County employee or labor representative. If an employee requests representation, that request shall not unreasonably delay the investigation. The employee’s representative may advise the employee, but in order to maintain the integrity of the interview process, is not allowed to answer questions on behalf of the employee. However, the employee’s representative may confer with the employee and advise the employee in clarifying any response and/or assist the employee to ensure that the response is clear. Moreover, the representative should not knowingly have any personal involvement with the matter under investigation, nor represent any other party involved in the investigation, such that it might constitute a conflict of interest.

Please refer to PPG 910 and the Resource Guide to Investigations-Department of Human Resources to obtain more information about the guidelines and applicable provisions of law related to the County administrative investigation process.

Questions regarding this policy may be directed to the department’s human resources manager or the manager of the DHR, HR Departmental Support Division, at (213) 351-8945.

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The guidelines are found in County of Los Angeles, Department of Human Resources (DHR) Policies, Procedures, and Guidelines (PPG) 910, Employees’ Cooperation in the Administrative Investigation Process and the Resource Guide for Investigations-Department of Human Resources.

The guidelines require all County employees to fully cooperate in, and not take any action that could interfere with, delay, obstruct, distort, or influence, any administrative investigation process conducted by the County or any authorized agency. Employees shall make full, complete, and truthful statements during an administrative investigation, and shall be advised of their applicable rights.

Please refer to PPG 910 and the Resource Guide for Investigations-Department of Human Resources to obtain more information about the guidelines and applicable provisions of law related to the County administrative investigation process.

Questions regarding this policy may be directed to the department’s human resources manager or the manager of the DHR, HR Departmental Support Division, at (213) 351-8945.

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Yes, there are confidentiality requirements during an administrative investigation. To ensure a full and fair investigation, and to preserve public confidence in the County’s ability to operate effectively, the employee may be directed to maintain confidentiality and not discuss the investigation or its subject matter with anyone other than the investigator(s), their union representative(s) and/ or legal counsel during the pendency of the investigation.

Obstructing or violating the confidentiality provisions of an administrative investigation, may subject an employee to disciplinary action, up to and including discharge from County service.

Please refer to County of Los Angeles, Department of Human Resources (DHR) Policies, Procedures, and Guidelines (PPG) 910, Employees’ Cooperation in the Administrative Investigation Process and the Resource Guide for Investigations-Department of Human Resources to obtain more information about the guidelines and applicable provisions of law related to the County administrative investigation process.

Questions regarding this policy may be directed to the department’s human resources manager or the manager of the DHR, HR Departmental Support Division, at (213) 351-8945.

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Yes, there are guidelines for notifying employees of the audio recording of an administrative investigation interview. The Resource Guide for Investigations - DHR provides the following steps for the investigator to follow prior to conducting the in-person interview:

1. Inform the interviewee that the investigator intends to audio record the investigative interview and the recording may be shared with management, HR, or legal counsel.
2. Provide the interviewee an Administrative Rights and Responsibilities (ARR) form prior to, or at the start of the interview.
3. Inform the interviewee of the applicable ARR and obtain a signed copy of the form.
4. Remind the interviewee that the interview will be audio recorded.
5. Place the recording device in plain view of all the interview participants.
6. State on record the investigator’s name, date, time, case number, interview location, and identify all individuals present, if applicable.
7. Have the employee state their name, title, and the name of any representative present.
8. State for the record that the interviewee has been informed the interview will be recorded and that the recording may be provided to other individuals in connection with the investigation or other related proceedings.

Please also refer to County of Los Angeles, Department of Human Resources (DHR) Policies, Procedures, and Guidelines (PPG) 910, Employees’ Cooperation in the AdministrativeInvestigation Process to obtain more information about the guidelines and applicable provisions of law related to the County administrative investigation process.

Questions regarding this subject may be directed to the department’s human resources manager or the manager of the DHR, HR Departmental Support Division, at (213) 351-8945.

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Interviews with employees related to an administrative investigation shall take place during regular business hours, or while the employees are on-duty. If that is not feasible, employees who are interviewed while off-duty must be compensated consistent with the provisions of County policy, a relevant Memorandum of Understanding, or applicable law, including, but not limited to, the Fair Labor Standards Act.

Please refer to County of Los Angeles, Department of Human Resources (DHR) Policies, Procedures, and Guidelines (PPG) 910, Employees’ Cooperation in the AdministrativeInvestigation Process and the Resource Guide for Investigations-Department of Human Resources to obtain more information about the guidelines and applicable provisions of law related to the County administrative investigation process.

Questions regarding this policy may be directed to the department’s human resources manager or the manager of the DHR, HR Departmental Support Division, at (213) 351-8945.

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In accordance with DHR-PPG 910, unless necessary based on the unique needs of the investigation, administrative interviews must be recorded by departments for the benefit and protection of all parties including the employees involved in the investigative process (i.e., witnesses and subjects), the department conducting the investigation, and any applicable third parties.

Hence, the use of an audio recording device is the County’s standard method of recording administrative interviews. Employees required to participate in an administrative investigation can request a copy of the department’s recording and/or bring their own device to record the audio of their interview as long as it does not unreasonably delay or interfere with the investigation. Furthermore, DHR-PPG 910 states that the department’s recording of the administrative interview will be considered the official record of the interview.

Note: DHR-PPG 910 does not apply to Peace Officers and Firefighters for whom unique investigative procedures are established per the Public Safety Officers Procedural Bill of Rights Act (Government Code § 3300-3313) and the Firefighters Procedural Bill of Rights (Government Code § 3250-3262).

Questions on this topic can be directed to DHR’s Policy Section at DHRPolicy@hr.lacounty.gov.

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The County of Los Angeles does place limitations on the types and values of gift County employees can receive from lobbyists. Los Angeles County Code 2.160.120 - Gift Prohibition states that a lobbyist or lobbyist firm cannot provide a County employee with a gift or gifts that total $50 or more per month; likewise, a County employee also may not knowingly accept the gifts that total $50 or more from the Lobbyist or Lobbyist firm. According to the Employee Handbook, trinkets such as pens or other small giveaway items are not seen as an issue, however items of more monetary value, such as concert or sporting event tickets, are problematic and run the risk of violating County standards. It is best practice for County employees to simply not involve themselves in any circumstances that can be perceived as a conflict of interest. Regularly receiving gifts, even those that do not exceed the $50 threshold per month, from Lobbyist or Lobbyist Firms can potentially been seen as unethical and a conflict of interest.

Additional restrictions on gift giving are established through departmental conflict of interest codes. County Code 3.120 - Departmental Conflict of Interest and Disclosure Codes ensures that County departments uses a conflict of interest and disclosure code that complies with The Political Reform Act (Government Code Section 81000, et seq.). The Political Reform Act imposes limits on gifts, prohibits Honoraria payments, and imposes other restrictions on travel payments received by designated employee of local government agencies. Under the Political Reform Act, every state and local agency is required to create/adopt their own conflict of interest code. The conflict of interest code must designate all officials and employees who make or participate in making governmental decisions that could cause conflict of interest.

Designated Los Angeles County employees must follow the reporting guidelines under Form 700 that identify gift giving limitations and conflict of interest. The Fair Political Practice Commission- Form 700 Reference Pamphlet identifies a “conflict of interest” as an act or governmental decision that an official make based off of economic gain or influence. According to California Form 700, and Limitations and Restrictions on Gifts, Honoraria, Travel and Loans - Form 700 there are a few important factors of gift giving and receiving that a designated County employee must consider:

• A gift is anything of value for which you have not provided equal or greater consideration to the donor. A gift is reportable if its fair market value is $50 or more.
• Multiple gifts totaling $50 or more received during the reporting period from a single source must be reported.
• If the exact amount of a gift is unknown, you must make a good faith estimate of the item’s fair market value. Listing the value of a gift as “over $50” or “value unknown” is not adequate disclosure.
• If you received a gift through an intermediary, you must disclose the name, address, and business activity of both the donor and the intermediary.
• The gift limit increased to $520 for calendar years 2021 and 2022. The gift limit in 2020 was $500.

For more information on gift giving limitations, conflict of interest and reporting requirements for LA County employees, visit: https://lacform700.lacounty.gov.

Authorities
Los Angeles County Code 2.160.120 - Gift Prohibition
“No county lobbyist or county lobbying firm shall make to a county official and no county official shall knowingly receive from a registered county lobbyist or registered county lobbying firm a gift or gifts aggregating more than $50.00 in any calendar month. No county lobbyist or county lobbying firm shall act as an agent or intermediary in the making of any such gift or arrange for the making of any such gift by any other person.”

County Code 3.120 - Departmental Conflict of Interest and Disclosure Codes
“Ensures that County departments, various districts and other local agencies use a conflict of interest and disclosure code that fully and uniformly complies with the letter and the spirit of Political Reform Act of 1974.”

Fair Political Practice Commission- Form 700 Reference Pamphlet

Limitations and Restrictions on Gifts, Honoraria, Travel and Loans - Form 700

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Guidelines for selecting an employee for an out-of-class assignment are as follows:

• If one exists, management must select an employee on a departmental reemployment list(s) for the same or similar class to fill the vacant position;
• Select from an eligible list for the same position as the out-of-class position;
• Select an employee who meets the minimum requirements of the out-of-class position. This is typically done when no eligible list exists;
• Select an employee who has gained experience in the same or similar positions and demonstrates they possess the requisite knowledge, skills, and abilities to perform all of the significant duties of the higher-level position and who can reasonably be expected to meet the minimum requirements within a short period of time.

An employee who does not meet performance requirements, such as typing or who does not meet the licensing requirements established for the higher-level class, shall not be placed in an out-of-class assignment.

Civil Service Rule - 2.50 Reemployment list

"Reemployment list" means a list of names of persons laid off from permanent or released from recurrent positions, arranged in order of their right to reemployment.

Civil Service Rule - 2.51 Reemployment

"Reemployment" means appointment of an employee from a reemployment list.

Civil Service Rule - 2.23 Eligible list

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

For more information regarding an Out-of-Class Assignment contact your Department’s Human Resources.

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An employee who is assigned to an Out-of-Class assignment for more than 20 consecutive working days (or other period as stated in the employee’s MOU), may request payment of an Out-of-Class bonus. (Note: A request for relief may also be submitted by the employee’s Union.) After receiving the request for relief, management will, upon verifying the employee is performing all the significant duties of an existing vacant, allocated, and funded position in a higher-level class, take one of the following actions:

• Appoint the employee to the higher-level class from an existing eligible list per Civil Service Rules;
• Return the employee to an assignment in their own class.

If within 30 calendar days of an employee’s request for relief neither of the above actions is taken, the employee is paid an Out-of-Class bonus for each 30 calendar days beginning the 21st working day of the Out-of-Class assignment or the request for relief whichever occurs last.

The employee will receive the bonus until the conditions for the Out-of-Class assignment are no longer met.

Note: If an eligible list exists for the out-of-class assignment, an employee working in an Out-of-Class assignment who is not on the eligible list or who is on the list but not reachable must be removed from the out-of-class assignment.

The departmental human resources office will monitor all Out-of-Class assignments to ensure the bonus is not paid for a prolonged period, is paid at the correct rate, and is cancelled when the Out-of-Class assignment ends.

Policies, Procedures and Guidelines #1010 – Out-Of-Class Assignment and Bonus Provisions

Employees shall be compensated for working in an out-of-class assignment that is authorized by management in accordance with department procedures, County Code provisions, and applicable MOUs.

When it becomes necessary for management to assign an employee in a lower-level class to perform all the duties of a position in a higher-level class on a full-time basis in an out-of-class assignment, management will avoid working such employee in the out-of-class assignment for a prolonged period of time.

For more information regarding an Out-of-Class Assignment contact your Department’s Human Resources.

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Employees who are assigned by management to work in a valid Out-of-Class assignment will be properly compensated through payment of a bonus.

Management will ensure payment of an Out-of-Class bonus complies with policies, procedures, and guidelines, County Code provisions, and applicable Memorandum of Understanding.

Guidelines for paying an Out-of-Class bonus are as follows:

• An Out-of-Class bonus shall be paid when the definition of out-of-class assignment has been met in accordance with the bonus provisions of County Code Section 6.10.040 for non-represented employees, or the provisions of the various MOUs for represented employees.
• No employee shall be approved for an out-of-class assignment bonus pay if there exists a viable departmental re-employment list.
• An Out-of-Class bonus shall not be paid to MAPP participants or to an individual employed on a temporary, recurrent, or less than full-time permanent position.
• An Out-of-Class bonus shall not be paid to individuals who are performing higher-level duties for the purposes of training.
• An Out-of-Class bonus is paid for the duration of the time an employee performs an Out-of-Class assignment. The Out-of-Class bonus shall not be paid for the period of time an employee is not performing the Out-of-Class assignment, i.e., on a long-term leave of absence.

County Code Section 6.04.055 - Non-represented employee

"Non-represented employee" means an employee who is not represented by an employee organization certified by the employee relations commission.

County Code Section 6.04.083 - Represented employee

"Represented employee" means an employee who is represented by an employee organization certified by the employee relations commission.

Civil Service Rule 2.321 - Management appraisal and performance plan participant

A person employed in a position in a class which class has been approved by the board of supervisors for inclusion in the Management Appraisal and Performance Plan.

Civil Service Rule 2.48 – Recurrent

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

Civil Service Rule 2.58 - Temporary

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

For more information regarding an Out-of-Class Assignment contact your Department’s Human Resources.

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Employees shall be compensated for working in an out-of-class assignment that is authorized by management in accordance with department procedures, Countywide policy, County Code provisions, and applicable Memorandums Of Understanding (MOU).

Amount of Out-of-Class Bonus (OCB)

An employee approved for an OCB is paid a bonus in accordance with provisions of the County Code or the employee’s MOU in the amount of the lesser of:

• 5.6468 percent (approximately two standard salary schedules) for a class paid pursuant to County Code Section 6.08, Part 1 (Step Pay Plan) or 5 percent for a flat-rated class

OR

• the difference between the employee’s class and that of the higher-level class

The bonus is paid for each complete 30 calendar day period the employee meets the conditions for the bonus beginning with the 21^st consecutive working day of the assignment or the date of the employee’s request for the bonus, whichever occurs last.

Employees are paid the bonus while on short, temporary paid absences, such as sick days, vacation, or jury duty. The bonus does not constitute a base rate.

County Code Section 6.10.040.A.3.b

Effective with the pay period ending April 15, 2012 and upon notification to the board of supervisors by the chief executive officer that the human resources management system implementing this provision is fully operational, the bonus shall be the lesser of 5.6468 percent for a classification paid pursuant to Chapter 6.08, Part 1 or 5 percent of the salary for a flat-rated class or the difference between the salary of the employee's classification and the higher-level classification to which he is assigned. This bonus shall not be prorated for incremental of less than 30 calendar days each.

For more information regarding an OCB contact your department’s Human Resources.

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Out-of-Class Assignment

An Out-of-Class Assignment is defined as the full-time performance of all the significant duties of an allocated, vacant, funded position in a higher-level class by an individual in a lower-level class who has been given such assignment and confirmed in writing by management.

Note: Out-of-class assignment provisions of County Code Section 6.10.040 and the various MOUs shall not apply to temporary positions, recurrent positions, persons who are not full-time permanent employees, or Management Appraisal and Performance (MAP) plan participants.

Additional Responsibilities Assignment

An Additional Responsibilities Assignment is when an employee is assigned additional duties of a higher-level class by management and confirmed in writing when there is no vacant, funded position (for example, an employee may be assigned higher-level duties during the temporary absence of a higher-level employee).

Note: The conditions for paying an Additional Responsibilities Bonus (ARB) are like that of an Out of Class Bonus (OCB) with the following exceptions:

• Prior CEO Approval is required for all ARBs.
• The percentage of the ARB is determined by the CEO.
• All ARBs expire at the end of each Fiscal Year unless an extension is approved by the CEO.

Policies, Procedures, and Guidelines #1010 – Out-Of-Class Assignment and Bonus Provisions – Section B – Legal Framework

County Code Section 6.10.040 and the provisions of various MOUs describe what constitutes an out-of-class assignment and provides for payment of an out-of-class bonus and specifies actions management shall take in response to a request for relief from an employee or their representative.

Interpretive Manual – Chapter V. Special Pay Practices (Bonuses), #8

If management believes or determines that an employee is performing duties at a higher level, but there is no higher-level vacant, funded position, then the employee’s position may be subject to a classification study, or the employee may be eligible for an additional responsibilities bonus.

For more information regarding Out-of-Class and Additional Responsibilities Assignment Bonuses contact your department’s Human Resources.

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It is not encouraged to continue to provide an employee with an OCB while there is an active Eligible List. It may, however, be permissible in select circumstances, but only for a short-term period and provided that certain conditions are met,

Per PPG 1010 - Out-of-Class Assignment Bonus Provision, management should avoid working employees in an out-of-class assignment for a prolonged period of time. The intent of an OCB is to serve as a short-term measure, and departments should actively seek to appoint an employee from an Eligible List for the out-of-class position whenever such a list is available. This is why in accordance with PPG 1010, departments are typically required to discontinue OCB's for employees in situations where they are underfilling a higher-level position and instead, seek to appoint an individual from the Eligible List to fill the higher-level position (See D. Criteria for Out-of-Class Assignments, pages 4 - 5).

Having said that, there may be unique circumstances that justify a short-term continuation of an OCB, such as needing time to interview and consider candidates from an appropriate Eligible List or needing additional time to move the current employee off the underfilled item.

In light of the foregoing, the policy allows some flexibility to permit the Department to continue to pay the current employee the OCB while there is an Eligible List for the item being underfilled, but only as a short-term measure. To be more specific, criteria D 3c. on Page 5 of PPG 1010 notes that departments can "Select from one or more qualified employees who meet the minimum requirements of the out-of-class position. This is typically done when no eligible list exists." DHR interprets this to mean that, while OCBs should not be granted to employees working out-of-class in a position for which an Eligible List exists, there can be limited exceptions. Such exceptions, however, should be rare, short-term, and justified by the circumstances.

Despite the flexibility provided in the policy, it is important to reiterate that it is generally not appropriate to grant OCBs for positions where an eligible list has been promulgated for that class of positions, and that OCBs are subject to audit by DHR's Impact Team. Departments contemplating an exception to this standard are encouraged to first consult with CEO and/or DHR's Policy Team at DHRPolicy@hr.lacounty.gov.

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PPG 1010 allows employees to participate in out-of-class assignments to fill essential positions on a temporary basis. According to County Code 6.1.040, employees in a lower-level class must be adequately compensated for their full-time performance of a position in a higher-level class. An out-of-class bonus is paid to an employee who remains assigned to an out-of-class assignment for more than 20 consecutive working days.

To receive an out-of-class bonus, employees must be performing all of the significant duties of an out-of-class assignment in a full-time capacity. Employees are paid the bonus while on short, temporary paid absences, such as sick days, vacation, or jury duty. An employee who is on an extended leave of absence (e.g. more than 30 days) is no longer performing the out-of-class assignment and should not receive an out-of-class bonus.

County Code Section 6.10.040

1. When an employee is assigned to an out-of-class assignment…for more than 20 consecutive working days, management shall, upon request for relief by the employee or by an Employee Representation Unit, take one of the following actions:
   1. Appoint the employee to the higher-level class according to Civil Service Rules;
   2. Return the employee to an assignment in his own class;
   3. If neither subdivisions A.1 or A.2 above is accomplished within 30 calendar days of the request for relief, pay the employee a bonus for each 30 calendar days from the request date until the out-of-class assignment is terminated.

Policies, Procedures, and Guidelines 1010

Out-of-class bonus is paid for the duration of the time the employee performs an out-of-class assignment. The out-of-class bonus shall not be paid for the period of time the employee is not performing the out-of-class assignment, i.e. on a long term leave of absence.

Questions regarding the relevant policies may be directed to your department’s human resources manager or the CEO’s Benefits, Classification, and Compensation Division at (213) 974-0470.

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Yes, there are countywide retention policies that outline mandatory retention periods for examination materials. Several County authorities outline these standards, including CSR 7 – Competitive Examinations, PPG 180, Delegated Examination Program Self-Monitoring Guidelines, as well as the County’s Record Retention Schedules.

In general, examination records are to be retained for a minimum of two (2) to five (5) years depending on the type of record. Examples of records that need to be retained, include, but are not limited to reports of examination showing method of testing, weight of various parts, score transformation formula, names of candidates, test scores; records of oral exam or interviews, eligibility lists, job bulletins. Resumes, applications, and any other scored components also need to be retained according to the schedule

In addition, it is important to keep in mind that departments may also have specific policies and procedures regarding the physical or digital retention of these materials. To learn more about relevant policies and requirements that apply to your workplace, contact your Department’s Human Resources Manager.

CSR 7.22 – Record of examination

The director of personnel shall preserve for not less than five years the following record of each examination:

• The report of examination containing the names and scores of all applicants on each part of the examination, and in the total examination;
• A summary or narrative statement of the examination, showing the method of testing used or the general nature of the examination, the weights of the various parts, and the minimum scores required

CSR 7.23 – Record of oral examination

The director of personnel shall preserve for not less than five years a record of oral tests or interviews used in examinations. Such record shall show the basis of rating or standards used and the formula or method used for translating ratings into a numerical score.

CSR 7.24 - Other records of examination

The director of personnel shall preserve all other original records prepared or received in connection with any examination for a period of two years after the date of promulgation. Such records may then be destroyed if no longer required for administrative purposes.

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