California Government Code Section 26638.15

CA Govt Code § 26638.15 (2017)  

Notwithstanding any other provision of law, the Board of Supervisors of Merced County may abolish, by ordinance, the Merced County Marshal’s office and establish a court security division in the Merced County Sheriff’s Department. If the board of supervisors chooses to abolish this office, the following provisions shall apply:

(a) The sheriff shall be appointing authority for all division personnel. The person selected by the sheriff to oversee the operation of court security services shall report directly to the sheriff, or his or her designee.

(b) Notwithstanding any other provision of law, all personnel of the marshal’s office affected by the abolition of the marshal’s office in Merced County shall become employees of the sheriff’s department at their existing or equivalent classification, salaries, and benefits.

(c) Permanent employees of the marshal’s office on the effective date of transfer of services from the marshal to the sheriff pursuant to this section shall be deemed to be qualified, and no other qualifications shall be required for employment or retention. Promotions for all personnel from the marshal’s office shall be made pursuant to standards set by the sheriff. Probationary employees in the marshal’s office on the effective date of the abolition shall not be required to serve a new probationary period. All probationary time served as an employee of the marshall shall be credited toward probationary time required as an employee of the sheriff’s department.

(d) All county service with the marshal’s office by employees of the marshal’s office on the effective date of the abolition of the marshal’s office shall be counted toward seniority in the court security division of the sheriff’s department.

(e) No employee of the marshal’s office on the effective date of a consolidation pursuant to this section shall lose peace officer status, or otherwise be adversely affected as a result of the abolition and merger of personnel into the sheriff’s department.

(f) The personnel of the marshal’s office who become employees of the sheriff’s department may not be transferred from the division in the sheriff’s department under which court security services are provided unless the transfer is voluntary.

(g) Personnel of the abolished marshal’s office shall be entitled to request an assignment to another division within the sheriff’s department, and that request shall be reviewed in the same manner as any other request from within the department.

(Added by renumbering Section 26638.5 (as added by Stats. 2002, Ch. 1072) by Stats. 2003, Ch. 62, Sec. 149. Effective January 1, 2004.)

Last modified: October 25, 2018