3.68.040 Termination of exempt appointment.
(1) An exempt employee, with the exception of the hearing examiner and any deputy examiners selected and appointed pursuant to SCC 2.02.030 and 2.02.040 and the performance auditor appointed pursuant to SCC 2.700.010, shall serve at the pleasure of the appointing authority and may be removed for any reason. Removal of an examiner shall be governed by SCC 2.02.050. Removal of a county employee appointed as performance auditor shall be governed by SCC 2.700.010.
(2) An employee holding regular status in the personnel system or civil service who was appointed to an exempt position between April 1, 1982 and August 9, 2004, upon termination of the exempt appointment, shall be eligible to return to the same or like position in any class in which regular status was held prior to exempt appointment, PROVIDED That:
(a) Such eligibility shall only extend to an existing position with the department or its equivalent in which regular status was held by the exempt employee prior to holding an exempt position.
(b) Termination of the exempt appointment was for reasons other than for cause.
(c) Where return of the exempt employee shall displace another employee, a layoff shall be declared subject to applicable layoff rules.
(d) Time spent in the exempt service shall be included in seniority computations.
(3) An exempt employee shall not exercise rights over any other employee occupying a position in Snohomish county except as provided by this section. This section shall not apply where prohibited by collective bargaining contract.
(4) Transfer of an exempt employee to an existing or new vacancy not previously held is permitted under subsection (2) of this section, subject to the availability of funds and provided the employee meets the minimum requirements for the classification. In all such cases, the exempt employee will be required to complete a probationary period before being granted regular status in the classification.
(5) Where the exempt employee’s return rights under subsection (2) of this section are not granted because his retention would not be in the best interests of the county, the employee may appeal such decision to the grievance board or civil service board, as appropriate. The decision of either board shall be binding. (Added by Ord. 82-003, Mar. 22, 1982; Amended by Ord. 89-172 § 4, Jan. 10, 1990; Amended by Ord. 91-118, Aug. 28, 1991; 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 Ord. 12-015, Apr. 4, 2012, Eff date Apr. 21, 2012).