Section 26671.2 Of Article 3.5. Santa Barbara County Sheriff-marshal Consolidation From California Government Code >> Division 2. >> Title 3. >> Part 3. >> Chapter 2. >> Article 3.5.
26671.2
. (a) All persons who, immediately preceding the effective
date of abolition of the marshal's office, are assigned to the
marshal's office in management, administrative, supervisory, peace
officer, clerical, and other positions shall, on the effective date
of the abolition, be assigned to the sheriff's department in the same
classification, or if such classifications are not within the
department, a comparable classification; and no probationary or
permanent employee shall be laid off as a result of the
implementation of the abolition and consolidation.
(b) No personnel of the marshal's office shall be reduced in rank
or salary, otherwise be demoted, or lose peace officer status. Upon
abolition and consolidation, all county service of personnel assigned
to the marshal's office shall be counted toward county seniority.
(c) Clerical personnel described in subdivision (a) shall become
members of the court services division and shall not be involuntarily
transferred from the court services division to any other division
within the sheriff's department.
(d) The incumbent marshal shall be assigned to the classification
of sheriff's commander and shall be in charge of the court services
division. One assistant marshal shall be assigned to the
classification of sheriff's lieutenant and shall be assigned to the
court services division. The remaining assistant marshal position
shall be reclassified. Deputy marshals performing bailiff functions
shall be assigned to an equivalent classification in the court
services division and those deputy marshals shall not be
involuntarily transferred from the court services division to any
other division within the sheriff's department.
(e) Notwithstanding any other provision of law, the incumbent
marshal, upon consolidation, shall be reinstated as a member of the
Santa Barbara County Employees' Retirement System, and by the board
of supervisor's adoption of an ordinance abolishing the office of
marshal and consolidating the offices of sheriff and marshal, Section
31680.7 relating to reemployment after retirement shall be
applicable to the incumbent marshal.
(f) Personnel of the marshal's office shall be entitled to request
assignment to other divisions within the sheriff's department which
requests will be reviewed as any other such request in the
department. Acceptance of a voluntary transfer by a deputy marshal
shall invalidate any right of reassignment to the court services
division. Any personnel action pursuant to this section shall be in
accordance with the personnel policies, memoranda of understanding,
and rules and procedures of the sheriff's department and Santa
Barbara County.
(g) No provision of this section shall be deemed to restrict the
authority of the sheriff to discipline any employee in accordance
with county personnel policies, and memoranda of understanding, or
rules and procedures otherwise applicable, and except as otherwise
expressly provided in this section, the discretion of the sheriff to
assign, promote, direct, and control employees formerly assigned to
the marshal's office shall not be deemed in any manner restricted by
virtue of the abolition or consolidation.