3.68.030 Selection of exempt positions and personnel.
(1) Each elected official shall designate the position or positions the official selects as exempt in accordance with SCC 3.68.010, in writing, which writing the official shall file with the council and executive. Each elected official shall designate the person selected to fill each exempt position designated, as provided herein in writing, which writing the official shall file with the council and executive. No elected official shall designate or appoint any spouse or relative, as defined in SCC 3A.12.050, to an exempt position, and, in the event such spouse or relative has been so designated or appointed, such designation or appointment shall be null and void, except where otherwise provided by law. Otherwise, such designation is irrevocable until such person leaves, or is dismissed from, or transfers from the position designated as exempt, or unless such position is transferred to the classified service.
(2) The deputy department heads, division directors, and division managers of executive and administrative departments shall be appointed by the department head, subject to the following:
(a) In making an appointment the department head shall consider the applicant’s qualifications, integrity and prior experience which are applicable to the duties of the office to which appointment is to be made.
(b) An applicant shall not be appointed to a position which is supervised by any spouse or relative of the applicant, as the term "relative" is defined in SCC 3A.12.050. The appointment of any employee to an exempt position supervised by any spouse or relative of that employee shall be null and void.
(c) Employees appointed to exempt positions prior to April 1, 1982 shall not be required to be re-appointed by way of the procedures provided in SCC 3.68.030(2) but shall serve in that position until that person leaves or is dismissed from the position, provided that the exempt employee is not supervised by a spouse or relative as defined in SCC 3A.12.050.
(3) Heads of executive and administrative departments shall be appointed by the executive and confirmed by the council on the basis of abilities, qualifications, integrity and prior experience which are applicable to the duties of the office to which the appointment is to be made. The executive shall notify the council, via submittal of the executive/council approval form (ECAF) described in SCC 2.48.118, within 10 business days of making an appointment. The ECAF shall include a request for confirmation in addition to information about the appointee, such as the appointee’s abilities, qualifications and prior experience as detailed in the appointee’s resume or curriculum vitae. The council shall confirm or reject the appointment by motion within 60 days of the appointment. Failure to confirm or reject an appointment within 60 days shall constitute council consent to the appointment. An appointee whose appointment is rejected by the council shall not be reappointed to the same position for a period of one year from the date of council action. No such department head shall be appointed or serve under the supervision of a spouse or relative, as that term is defined in SCC 3A.12.050.
(4) The superior court commissioners authorized by SCC 2.14.010 shall be appointed by the superior court judges or as otherwise provided by law.
(5) For purposes of this section, an employee shall be deemed to supervise another employee if the supervisory employee, as a regular matter, has the authority to hire, assign, promote, transfer, layoff, recall, suspend, discipline or discharge the other employee or to evaluate the performance of the other employee.
(6) The prohibition against the appointment and service of an employee who is a spouse or relative of the appointing elected official or of his or her supervisor shall apply to any exempt employee who is appointed to an exempt position on or after the effective date of the ordinance codified in this section and shall not apply to any employee appointed to the exempt service prior to the effective date of said ordinance.
(7) The law and justice cabinet FTE provided for in SCC 3.68.010(13) shall be appointed by simple majority vote of the following elected officials or their designees acting on behalf of the law and justice cabinet: the county executive, chair of the council law and justice/human services committee, director of corrections, chief of the corrections bureau established by SCC 2.15.010, presiding judges of the superior and district courts, prosecuting attorney, sheriff, and superior court clerk.
(8) The professional county employees within the office of county performance auditor shall be appointed as directed by the county council, provided that the performance auditor shall be appointed as set out in SCC 2.700.010.
(9) The chief of the corrections bureau shall be appointed as set out in SCC 2.15.020. (Added by Ord. 82-003, Mar. 22, 1982; Amended by Ord. 85-113 § 4, Nov. 20, 1985; Amended by Ord. 96-008 § 1, Apr. 3, 1996, Eff date Apr. 18, 1996; Amended by Ord. 02-037, Aug. 21, 2002, Eff date Sept. 6, 2002; Amended by Amended Ord. 04-009, Mar. 10, 2004, Eff date Mar. 25, 2004; Amended by Amended Ord. 04-059, July 28, 2004, Eff date Aug. 9, 2004; Amended by Amended Ord. 07-049, June 6, 2007, Eff date July 1, 2007; Amended by Amended Ord. 08-137, Nov. 10, 2008, Eff date Jan. 1, 2009; Amended by Ord. 12-015, Apr. 4, 2012, Eff date Apr. 21, 2012; Amended by Ord. 17-026, May 17, 2017, Eff date June 1, 2017).
* Code Reviser Note: The text shown in 3.68.030(8) above, in italic font, was added by Ord. 12-015 but was not shown with addition marks. This material is included pursuant to SCC 1.02.020(2)(g).