<?xml version='1.0' encoding='utf-8'?>
<unit kind="division" number="9" name="Probation" slug="division-9" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_16PE_DIV9PR">
  <section number="16-169" name="Probation policy" law="code" slug="sec-16-169" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_16PE_DIV9PR_S16-169PRPO">
    <level label="a">
      <text>The probationary period applicable to certain employees upon appointment and reappointment to vacant positions in the classified service shall be regarded as the final stage in the examination process of said employees and, as such, shall constitute that period of time during which the appointing authority and, where applicable, the supervisor, shall closely observe and review the work of each such employee for the purpose of determining whether each such employee demonstrates the ability and aptitude to satisfactorily perform the duties, tasks, and responsibilities of the position on a routine and continual basis.</text>
    </level>
    <level label="b">
      <text>The Director of Human Resources Management shall develop personnel procedures which specify the duration of the probationary period for each class of work established in the classified service, except for uniformed employees occupying public safety classes of work within the Police, Fire, and Sheriff's Departments.</text>
    </level>
    <level label="c">
      <text>The probationary period for any person appointed to a trainee or similar position established by the Director of Human Resources Management in accordance with Section 16-106(b)(11) shall be the period of the person's appointment to such position and the applicable probationary period for any other position to which the person is subsequently appointed.</text>
    </level>
  </section>
  <section number="16-170" name="Responsibilities of appointing authorities and supervisors during the probationary period" law="code" slug="sec-16-170" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_16PE_DIV9PR_S16-170REAPAUSUDUPRPE">
    <level label="a">
      <text>Each appointing authority and, where applicable, supervisor, shall have the following responsibilities with respect to each probationary status employee under their respective jurisdictions:</text>
      <level label="1">
        <text>To properly explain to the employee the duties, tasks, and responsibilities of the employee's position and to otherwise assist in orienting the employee to the general operations of County government;</text>
      </level>
      <level label="2">
        <text>To insure that the employee is provided with the supplies and other equipment necessary to perform the duties, tasks, and responsibilities of the employee's position; and,</text>
      </level>
      <level label="3">
        <text>To periodically confer with the employee as regards the employee's performance and to make corrective and remedial suggestions and actions, as deemed necessary, in regard thereto.</text>
      </level>
    </level>
  </section>
  <section number="16-171" name="Disciplinary actions during the probationary period" law="code" slug="sec-16-171" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_16PE_DIV9PR_S16-171DIACDUPRPE">
    <level label="a">
      <text>Except as provided in Subsection (c), below, at any time during the probationary period of an employee, an appointing authority and, where authorized, a supervisor may initiate and take any disciplinary action specifically authorized under Sections 16-193 and 16-194 against any such probationary status employee as deemed necessary and appropriate by the appointing authority or supervisor, as the case may be.</text>
    </level>
    <level label="b">
      <text>Any disciplinary action, other than dismissal, initiated and taken by an appointing authority or supervisor against a probationary status employee, as provided in Subsection (a), above, which constitutes an adverse action shall be processed in accordance with the procedures stipulated under Section 16-201(a).</text>
    </level>
    <level label="c">
      <text>Notwithstanding any provision in Section 16-193 or 16-194 which may be to the contrary, at any time during the probationary period, an appointing authority may remove an employee if in the opinion of the appointing authority such employee is unable or unwilling to perform the duties of the position satisfactorily or the employee's conduct does not merit continued employment with the County.</text>
      <level label="1">
        <text>Dismissal of a probationary status employee shall become effective five (5) working days after the appointing authority has given the employee a written notice of specific reasons for dismissal.</text>
      </level>
      <level label="2">
        <text>When dismissal of a probationary status employee is based on an act or acts which permit suspension of the employee under Section 16-193(c)(4)(D), such suspension may be combined as a part of the five (5) working days between notice of dismissal and the effective date of dismissal.</text>
      </level>
      <level label="3">
        <text>The appointing authority shall, upon presentation of a written notice of dismissal, provide the employee with a written statement of reasons for the dismissal.</text>
      </level>
    </level>
  </section>
  <section number="16-172" name="Conversion of probationary status employees and extension of probationary period" law="code" slug="sec-16-172" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_16PE_DIV9PR_S16-172COPRSTEMEXPRPE">
    <level label="a">
      <text>Unless a probationary status employee is dismissed during the employee's probationary period, any such employee shall be converted to permanent status as of the effective date of the expiration of the probationary period applicable to each such employee.</text>
    </level>
    <level label="b">
      <text>Extensions to the probationary period may be requested by the appointing authority to the Director of Human Resources Management for the following reasons:</text>
      <level label="1">
        <text>In the event that a probationary status employee is absent from the employee's position on authorized and approved leave for a substantial period of time due to extenuating circumstances beyond the employee's control such that, in the judgment of the employee's appointing authority, a proper evaluation of the employee's performance cannot reasonably be made before the expiration of the employee's probationary period; or</text>
      </level>
      <level label="2">
        <text>In the event that a substantial change in employee duties or a change in supervisor occurs during the probationary period and that change precludes a proper evaluation of the employee's performance.</text>
      </level>
    </level>
    <level label="c">
      <text>Any such request for an extension of an employee's probationary period, as provided in Subsection (b), above, shall be:</text>
      <level label="1">
        <text>Made in writing and shall state the specific facts and circumstances justifying the request and the recommended period of time for the extension;</text>
      </level>
      <level label="2">
        <text>Signed by the appointing authority and the employee in interest so as to indicate their mutual consent for the request; and</text>
      </level>
      <level label="3">
        <text>Delivered to the Director of Human Resources Management in advance of the expiration of the employee's probationary period.</text>
      </level>
    </level>
    <level label="d">
      <text>Upon receipt of any such request from an appointing authority, the Director of Human Resources Management shall approve the request if the Director of Human Resources Management finds that the request satisfies the conditions stipulated in Subsection (b), above, and has been submitted in accordance with the procedures stipulated in Subsection (c), above; provided, however, that the Director of Human Resources Management shall not approve any request for an extension of an employee's probationary period for a period of time in excess of six (6) calendar months.</text>
    </level>
    <level label="e">
      <text>In the event that the Director of Human Resources Management approves a request for an extension of an employee's probationary period, the employee in interest shall be converted to permanent status, as provided in Subsection (a), above, as of the effective date of the expiration of such extension period, unless the employee is dismissed prior to the expiration of such extension period.</text>
    </level>
  </section>
  <section number="16-173" name="Appeals" law="code" slug="sec-16-173" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_16PE_DIV9PR_S16-173AP">
    <text>Notwithstanding the provisions of Sections 16-200 and 16-201, a probationary status employee shall only be entitled to appeal an adverse action, and shall only be entitled to initiate a grievance where any such employee alleges that the basis of removal or acts of an appointing authority constituting the basis of a grievance as the case may be, were illegal or that a written statement as required under Section 16-171(c)(3) was not provided the employee.</text>
  </section>
</unit>
