Rule 10.670 Trial court personnel plans

(a) Purpose

This rule establishes the authority and responsibility of the superior courts, on a countywide basis, to create and implement a system of personnel management designed to achieve lawful, uniform, and fair employment practices and procedures.

(b) Countywide personnel plans

The superior court of each county must establish a single personnel plan on a countywide basis, consistent with applicable statutes, rules, and standards of judicial administration.

(c) Provisions of a personnel plan

The personnel plan must ensure that treatment of employees complies with current law. The personnel plan should address the following issues:

(1) A salary-setting procedure;

(2) Regular review of job classifications and titles;

(3) An equal employment opportunity policy applying to all employees in accordance with applicable state and federal law;

(4) Recruitment, selection, and promotion policies;

(5) A sexual harassment prevention policy;

(6) A reasonable accommodation policy;

(7) Grievance or complaint procedures covering, but not limited to, sexual harassment, discrimination, and denial of reasonable accommodation;

(8) An employee benefits plan that includes health benefits, retirement benefits, workers' compensation benefits, disability leave, and paid and unpaid leave in compliance with state and federal law;

(9) Timekeeping and payroll policies and procedures that comply with applicable state and federal law;

(10) A records management policy, including confidentiality and retention of personnel records;

(11) Job-related training and continuing education programs for all personnel concerning at least the following:

(A) Sexual harassment awareness;

(B) Discrimination and bias; and

(C) Safety;

(12) A policy statement on professional behavior requiring that all employees conduct themselves in a professional manner at all times and refrain from offensive conduct or comments that reflect bias or harassment;

(13) A policy regarding conflicts of interest and incompatible activities;

(14) Procedures for discipline and discharge; and

(15) A labor policy consistent with rules 10.653-10.659.

(d) Optional provisions

A personnel plan may contain additional provisions, including the following:

(1) Criteria and schedules for performance evaluations for all levels of employees;

(2) Job-related training and continuing education programs for all personnel as appropriate, with provisions for both paid and unpaid educational leave concerning:

(A) Career development, including basic and managerial skills; and

(B) Equal employment opportunity concepts and recruitment methods.

(3) An employee benefit plan that may include:

(A) Flex-time, part-time, job-sharing, and other alternative work schedules;

(B) Cafeteria options to use pretax dollars for dependent care and medical care and for sick leave for the care of dependents;

(C) An employee assistance program; and

(D) A deferred compensation plan.

(e) Submission of personnel plans

The superior court of each county must submit to the Judicial Council a personnel plan in compliance with these provisions by March 1, 1999. The superior court of each county must submit to the Judicial Council any changes to this plan by March 1 of every following year. If requested by a superior court, Judicial Council staff must review the court's personnel plan and provide the court with technical assistance in preparing the plan.