§ 86-1. Definitions

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Class means and consists of all jobs regardless of department locations that are sufficiently alike in duties and responsibilities to be called by the same descriptive title, to be accorded the same pay scale under like conditions, and to require substantially the same education, experience and skills on the part of the incumbents.

Classification means a hierarchical structure of jobs, usually arranged into classes or pay grades according to a job evaluation.

Classified employee means as follows:

(1) Category A employee includes, but is not limited to, administrative secretary, executive secretary, administrative assistant, deputy constables hired after August 19, 2003, positions in the information technology reporting to the CIO and performing information technology job duties, chief deputy or first assistant of the county judge, county commissioners and elected officials. These job titles and others designated by commissioners court do not fall under the jurisdiction of the civil service system. Additionally, category A classified employees are excluded from coverage afforded in employment procedures relating to job posting, reduction-in-force, double-fill, reinstatement, reemployment, dismissals, right of appeal, and grievance system procedures of this Code.

(2) Category B employee includes all department heads, assistant department heads, assistant public defenders, and information technology positions in the IT Services department with a job grade MM or above and hired after June 7, 2011, and others as designated by the commissioners. These positions do not fall under the jurisdiction of the civil service system. Assistant department heads that have five or more years of continuous service were previously employed in a civil service position, and who are terminated for reasons other than just cause shall be given the opportunity to accept a demotion to their last lower grade and position before they were promoted, provided that such a vacancy exists. If no vacancy exists, then the reduction-in-force policy will apply. Category B employees are excluded from coverage afforded in reduction-in-force, double-fill, reinstatement, reemployment, dismissals, right of appeal, and grievance system procedures of this Code.

(3) Category C employee includes all other regular, full-time employees as defined in the V.T.C.A., Local Government Code §§ 158.001—158.040 who are paid from county funds. Category C employees are covered by all sections of this Code.

(4) Category D employee includes all regular, full-time employees paid from other than county funds, such as grants, contracts, etc. Category D employees are covered by all sections of this Code, except that they are not eligible for a grievance determination that awards back pay and/or reinstatement beyond the termination date of the funding sources.

Continuous service means uninterrupted active employment. Such things that constitute a break in service are termination, retirement, leave of absence without pay, any break in service where retirement contributions are withdrawn, and layoff due to reduction-in-force where separation has been for more than one year. Military duty as described in section 82-422, Armed forces active duty, may be counted toward continuous service for the purpose of sick or vacation accruals or service awards.

Effective date of employment means the day from which an employee's time in grade and length of service is calculated in order to accumulate leave.

Effective date of termination means the last actual day the employee worked for the county or the last day of any authorized leave time approved by commissioners court. The leave time must be court ordered through commissioners court. Any accrued leave benefits that are eligible for payment as of the employee's termination date will be paid on the employee's last paycheck. (See also subsection 82-363(b) and section 82-383).

Employee means a person who obtains a position by appointment and who is not authorized by statute to perform governmental functions involving an exercise of discretion in the person's own right, unless the person is included by a local civil service rule under section 86-51. The term does not include deputy constables or elected officials.

Employee classification means:

(1) The following four definitions of employees, to be used for payroll as well as civil service purposes:

a. Regular full-time employee: An individual employed by the county on a continuing basis without limitation as to duration of employment and has a regularly assigned work schedule of 40 hours per week or more, less authorized leave without pay.

b. Temporary full-time employee: An individual employed by the county to perform a job for a limited period of time, generally not to exceed 1,000 hours and who has a regularly assigned work schedule of 40 hours per week or more. Temporary employees are generally not eligible for paid leave (vacation, sick, holiday), or insurance benefits. Specific benefits should be reviewed for individual employee eligibility.

Note: Exempt employees who occupy court approved positions under a job sharing arrangement shall be included under this definition and paid on a salaried basis equivalent to the percentage of time they are scheduled to work. Unless it is court approved, the salary for the positions included in a job sharing arrangement shall not exceed the salary for the full time position they are replacing.

c. Regular part-time employee: An individual employed by the county on a continuing basis, without limitation as to duration of employment and who has a regularly assigned work schedule of less than 40 hours per week. Part-time-employees are generally not eligible for paid leave (vacation, sick, holiday), or insurance benefits. Specific benefits should be reviewed for individual employee eligibility.

d. Temporary part-time employee: An individual employed by the county to perform a job for a limited period of time, generally not to exceed 1,000 hours, and who has a regularly assigned work schedule of less than 40 hours per week. Part-time-employees are generally not eligible for paid leave (vacation, sick, holiday), or insurance benefits. Specific benefits should be reviewed for individual employee eligibility.

(2) The four classifications in subsection (1) of this definition can be combined in the following manner to classify employees:

a. Regular, full-time employee;

b. Temporary, full-time employee;

c. Regular, part-time employee;

d. Temporary, part-time employee.

(3) Departments will determine and identify on all required forms or electronic entries which one of the four classifications to which the employee belongs.

Employment probationary period means the period of time consisting of the first six months (12 months for uniformed law enforcement personnel) of employment with the county, from the employee's date of full-time employment, for all regular full-time employees in which they must demonstrate their ability to satisfactorily perform the duties required.

Excluded employee means all the county elected officials and employees who do not meet the definition of the term "employee" in the V.T.C.A., Government Code § 158.001, or by the state attorney general's opinions, are excluded from the civil service system. Additionally, all temporary, full-time employees; regular part-time employees; or temporary, part-time employees are excluded from the system. The term does include deputy constables hired after August 19, 2003 who are excluded from the civil service system.

Inactive employee means an employee who is on approved leave of absence without pay in excess of 31 continuous days, but not to exceed 180 days, and who does not accrue length of service credit for benefit purposes. Leave of absence creates a delay in merit increase and retirement vesting.

Termination of employment means the discontinuance of an employee's service with the county as a result of resignation, dismissal, reduction-in-force, retirement or death.

(Admin. Policy Manual, § A(2.00—2.07, 2.09—2.12); Ord. No. 2003-1467, 8-19-2003; Ord. No. 2006-029, 1-3-2006; Ord. No. 2008-0162, 1-22-2008; Ord. No. 2008-1745, 9-16-2008; Ord. No. 2009-0205, 1-27-2009; Ord. No. 2011-1462, 8-30-2011)

refcross

Definitions generally, § 1-2.