HomeMy WebLinkAboutMINUTES - 08211984 - 1.3 (2) THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on August. 21 , 1984 by the following vote:
AYES: Supervisors Power$ ,• Fanden, McPeak, Schroder , Torlakson.
NOES: _ None .
ABSENT: None .
ABSTAIN: None .
SUBJECT: Amending Local No. 1 )
Memorandum of Understanding )
Resolution No. 84/438 ) RESOLUTION NO. 84/ 497
Adopted July 24, 1984 )
In order to correct an error in Resolution No. 84/438 wherein we neglected to
give the classes of Collections Services Assistant I and II a "comparable worth
adjustment", effective August 1, 1984, the salaries of those classes are amended
as follows:
Collections Services Assistant I - Level C5-1034 (1278-1553)
Collections Services Assistant II - Level C5-1166 (1458-1772)
I hereby certify that this is a true and correct copy of
an action taken and entered on the minutes of the
Board of Supervisor on the date s own.
ATTESTED: ...
J:R. OLSSON, UNTY CLERK
and ex officio Clerk of the Board
OLBy Deputy
Orig. Dept.: personnel Department
cc: County Administrator
Auditor-Controller
District Attorney
Contra Costa County Employees Association,
Local No. 1 00074
RESOLUTION NO. 84/497
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order -on August 21, 1984 by the following vote:
AYES: Supervisors Powers , Fah den, McPeak , Schroder , Torlakson.
NOES: None.
ABSENT: None.
ABSTAIN: None .
SUBJECT:
1983-85 Compensation for Employees )
in Units Represented by California, ) 84/ 499
Nurses Association )
The Contra Costa County Board of Supervisors RESOLVES THAT:
1. On August 21, 1984, the Employee Relations Officer submitted the
Memorandum of Understanding dated August 17, 1984, and an attached side letter
dated August 17, 1984, entered into with California Nurses Association and the
following units represented by the Association:
Registered Nurse Unit
2. This Board having thoroughly considered said Memorandum of
Understanding, the same is approved.
3. Salaries and Terms and Conditions of Employment. California Nurses
Association. The Memorandum of Understanding with California Nurses Association
is attached hereto, marked Exhibit A; and Section Numbers 1 through 52 inclusive
are incorporated herein as if set forth in full and made applicable to the
employees in the above named units.
4. If an Ordinance(s) is required to implement any of the foregoing
provisions, the Board of Supervisors shall enact said Ordinance(s).
THIS RESOLUTION is effective as of August 21, 1984.
!hereby certify that this is a true and correct copy of
an action taken and entered on the minutes of the
Board of Supervis s on the date shown.
ATTESTED: ��
,i:R. �OLSSON, f�UNTY Ct.EE�K
and ex officio Clerk of the Board
By , Deputy
Orig: Personnel Department
County Administrator
County Counsel
Auditor-Controller
California Nurses Association
Health Services
I.E.D.A./via Personnel
RESOLUTION NO. 84/499
000'7
e
Memorandum of Understanding
Between
Contra Costa County
And
California Nurses' Association
This Memorandum of Understanding is entered into pursuant to the authority
contained in Board of Supervisors Resolution 81/1165 and has been jointly
prepared by the parties.
The Employee Relations Officer (County Administrator) is the representative , of
Contra Costa County in employer-employee relations matters as provided in Board
of Supervisors Resolution 81/1165, Section 34-8.012.
The parties have met and conferred in good faith regarding wages, hours and
other terms and conditions of employment for the employees of said
representation unit, and have freely exchanged information, opinions and
proposals and have endeavored to reach agreement on all matters relating to the
employment conditions and employer-employee relations of such employees.
This Memorandum of Understanding shall be presented to the Contra Costa County
Board of Supervisors as the joint recommendation of the undersigned for salary
and employee benefit adjustments for the period beginning April 1, 1983 and
ending June 30, 1985.
Definitions:
A. "Appointing Authority" "means Department Head unless otherwise
proved by statute or ordinance.
B. "Class" means a group of positions sufficiently similar with
respect to the duties and responsibilities that similar selection
procedures and qualifications may apply and that the same
descriptive title may be used to designate each position allocated
to the group.
C. "Class Title" means the designation given to a class, to each
position allocated to the class, and to the employees allocated to
the class.
D. "County" means Contra Costa County.
E. "Demotion" means the change of a permanent employee to another
position in a class allocated to a salary range for which the top
step is lower than the top step of the class which the employee
formerly occupied except as provided for under "Transfer" or as
otherwise provided for in this Memorandum of Understanding, in the
Personnel Management Regulations, or in specific resolutions
governing deep classifications.
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F. "Director of Personnel" means the person designated by the. County
Administrator to serve as the Assistant County
Administrator-Director of Personnel .
G. "Eligible" means any person whose name is on an employment or
reemployment or layoff list for a given class.
H. to ee" means a person who is an incumbent .of a position or who,
is on leave of absence in accordance with provisions of this .
Memorandum of Understanding and for whom a position is held pending
his/her return.
I. "Employment List" means a list of persons, who have been found
qualified for employment in a specific class.
J. "Layoff List" means a list of persons who have occupied positions
allocated to a class in the Merit System and who have been
involuntarily separated by layoff or displacement or have
voluntarily demoted in lieu of layoff.
K. "Permanent Intermittent Position" means any position which requires
the services of an incumbent for an indefinite period but on an.
intermittent basis, as needed, paid on an hourly basis.
L. "Permanent Part-Time Position" means any position which will
require the services of an incumbent for an indefinite period but
on a regularly scheduled less than full-time basis.
M. "Permanent Position" means any position which has required, or
which will require the services of an incumbent without
interruption, for an indefinite period.
N. "Promotion" means the change of a permanent employee to another
position in a class allocated to a salary range for which the top
step is higher than the top step of the class which the employee
formerly occupied, except as provided for under "Transfer" or as
otherwise provided for in this Memorandum of Understanding, in the
Personnel Management Regulations, or in specific resolutions
governing deep classes.
0. "Position" means the assigned duties and responsibilities calling
for the regular full-time, part-time or intermittent employment of
a person.
P. "Reallocation" means the act of reassigning an individual position
from one class to another class at the same range of the salary
schedule or to a class which is allocated to another range that is
within five (5) percent of the top step, except as otherwise
provided for in the Personnel Management Regulations, deep class
resolutions or other ordinances.
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Q. "Reclassification° means the act of changing the allocation of a
position Fy raising it to a higher class or reducing it to a lower
class on the basis of significant changes in the kind, difficulty
or responsibility of duties performed in such position.
R. "Reemployment List" means a list of persons, who have occupied
positions allocated to any class in the merit system and, who have
voluntarily separated and 'are qualified for consideration for
reappointment under the Personnel Management Regulations governing
reemployment.
S. "Resignation" means the voluntary termination of permanent
employment with the County.
T. "Temporary Employment" means any employment which will require the
services of an incumbent for a limited period of time, paid on an
hourly basis, not in an allocated position or in permanent status.
U. "Transfer" means the change of an employee who has permanent status
in a position to another position in the same class in a different
department, or to another position in a class which is allocated to
a range on the salary plan that is within five (5) percent at top
step as the class previously occupied by the employee.
Section 1 - Recognition
1.1 Association Recognition. California Nurses' Association is the formally
recognized employee organization for the Units listed below and such
organization has been certified as such pursuant to Chapter 34-12 of Resolution
81/1165.
A. Registered Nurses' Unit
Section 2 - Association Security
2.1 Dues Deduction. Pursuant to Chapter 34-26 of Resolution 81/1165 only a
majority representative may have dues deduction and as such the Association has
the exclusive privilege of dues deduction for all members in its units.
2.2 Agency Shop.
A. The Association agrees that it has a duty to provide fair and non-
discriminatory representation to all employees in all classes in
the units for which this section is applicable regardless of
whether they are members of the Association.
B. All employees employed in the representation unit on or after the
effective date of this Memorandum of Understanding shall, effective
as provided in Subsection H and continuing until the termination of
the Memorandum of Understanding, either:
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00078
J 0
L.
1. Become and remain a member of the Association or;
2. pay to the Association, an agency shop fee in an amount
equal to the standard initiation fee, monthly dues, and
general assessment of such organization for the duration
of the agreement; or
3. do both of the following:
a. Execute a written declaration that the employee
is a member of a bonafide religion, body or sect
which has historically held a conscientious
objection to joining or financially supporting
any public employee organization as a condition
of employment and
b. pay a sum equal to the agency shop fee described
in Subsection B (2) to a non-religious, non-labor
charitable fund chosen by the employee from the
following charities: Family and Children's Trust
Fund, Child Abuse Prevention Council and' Battered
Women's Alternative.
C. The provisions of Subsection B shall not apply during periods that
an employee is separated from the representation unit but shall be
reinstated upon the return of the employee to the representation
unit. The term separation includes transfer out of the unit,
layoff and leave. of absence with a duration of more than thirty
(30) days.
D. Annually the Association shall provide the Director of Personnel
with copies of the financial report required pursuant to the Labor
Management Disclosure Act of 1959. Such report shall be available
to employees in the unit. Failure to file such a report within
sixty (60) days after the end of its fiscal year shall result in
termination of all agency shop fee deductions without jeopardy to
any employee, until said report is filed.
E. Current Employees and New Employees.
1. On or before August 1, 1984, the County will mail to all
employees who are not members of the Association an "Em loyee
Authorization for Payroll Deduction of California Nurses
Association Membership Dues or Service Fee" form.
The employee shall have thirty (30) calendar days from the
mailing of the authorization form, to fully execute the
authorization form of his/her choice and return said form to
the County Personnel Department.
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00079
2. An employee hired into a job class represented by the
California Nurses Association on or after August 2, 1984 shall
be provided, through the County Personnel Department, with the
authorization form listed in subparagraph 1 above. Said
employee shall have thirty (30) calendar days to fully execute
the authorization form of his/her choice 'and return said form
to the County Personnel Department.
3, If form is not returned within thirty (30) calendar days,. or if
the Association reports that an agency shop fee in lieu of the
initiation fee or a general assessment has not been paid, the
employee will be subject to dismissal. The Director of
Personnel shall commence dismissal proceedings by giving a
Skelly Notice pursuant to the procedures set forth in this
Memorandum of Understanding. An employee served with a Skelly
Notice shall have until the -return date shown in the Skelly
Notice to either file the +authorization form, pay the
initiation fee or general assessment or otherwise show why
he/she should not be dismissed. Any back pay and costs
incurred by the County and its staff defending appeals from
dismissal shall be reimbursed by the Association.
F. The Association shall indemnify, defend and save 'the County
harmless against any and all claims, demands, suits, orders, or
judgments, or other forms of liability that arise out of or by
reason of this Agency Shop Section, or action taken or not taken by
the County under this Section. This includes but is not limited to
the County's attorney fees and costs.
G. The authorization of payroll deductions described in Subsection E
shall require the employee to agree to hold the County harmless
from all claims, demands, suits or other forms of liability that
may arise against the County for or on account of any deduction
made from the wages of such employee.
H. 1. Section 2.2 shall take effect on August 1, 1984 provided that
as of July 1, 1984 a majority of all employees in the unit have
authorized dues deduction, or are making direct payment to the
Association, or one calendar month next after the certification of
a secret ballot election, in which a majority of those eligible to
vote do vote to implement an agency shop fee.
2. An election to implement the provisions of this section shall
not prohibit or restrict an election to rescind this section as
provided for by Section 3502,5 of the Government Code.
3. All employees holding probationary or regular status in
classifications included in the unit, on a date thirty (30) days
prior to the holding of the election, shall be eligible to vote in
such election. The ballot shall be in the following form:
00030
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•
1. I vote in favor of the agency shop fee.
2. I vote against agency shop fee.
I . Non-severablity. The provisions of this section are non-severable;_
if any of the provisions of this section is declared to be
unconstitutional or legally void or unenforceable, the entire
section shall become inoperative. Upon request- of the Association;
the County shall meet and confer to replace such struck
provision(s) .
J. The County Personnel Office shall furnish a complete and full list
of all employees represented by the Association as soon as feasible
after the execution of the new Memorandum of Understanding and
shall furnish a monthly list of all new hires to the Associatin
thereafter.
2.3 Communicating With Employees. The Association shall be allowed to use
designate portions of bulletin boards or display areas in public portions of
County buildings or in public portions of offices in which there are employees
represented by the Association, provided the communications displayed have to do
with matters within the scope of representation and further provided that the
employee organization appropriately posts and removes the information. The
department head reserves the right to remove objectionable materials after
notification to and discussion with the Association.
Representatives of the Association, not on County time, shall be permitted to
place a supply of employee literature at specific locations in County buildings
if arranged through the Employee Relations Officer; said representatives may
distribute employee organization literature in work areas (except work areas not
open to the public) if the nature of the literature and the proposed method of
distribution are compatible with the work environment and work in progress.
Such placement and/or distribution shall not be performed by on-duty employees.
The Association shall be allowed access to work locations in which it represents
employees for the following purposes:
A. to post literature on bulletin boards;
B. to arrange for use of a meeting room;
C. to leave and/or distribute a supply of literature as indicated
above;
D. to represent an employee on a grievance, and/or to contact an
Association officer on a matter within the scope of representation.
In the application of this provision, it is agreed and understood that in each
such instance advance arrangements, including disclosure of which of the above
purposes is the reason for the visit, will be made with the departmental
representative in charge of the work area, and the visit will not interfere with
County services.
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2.4 Use of County Mail System. The Association may distribute materials to
designated Association representatives through the County distribution channels
if approved by the Director of Personnel. The decision of the Director of
Personnel is final and not subject to the grievance procedure. This privilege
may be revoked in the event of abuse after the Director of Personnel consults
with the Association.
2.5 Use of County Buildings. The Association shall be allowed the use: of
areas normally used for meeting purposes for meetings of County employees during
non-work hours when:
A. Such space is available and its use by the Association is scheduled
twenty-four (24) hours in advance;
B. There is no additional cost to the County;
C. It does not interfere with normal County operations;
D. Employees in attendance are not on duty and are not scheduled for
duty;
E. The meetings are on matters within the scope of representation.
The administrative official responsible for the space shall establish and
maintain scheduling of such uses. The Association shall maintain proper order
at the meeting, and see that the space is left in a clean and orderly condition.
The use of County equipment (other than items normally used in the conduct of
business meetings, such as desks, chairs, ashtrays, and blackboards) is strictly
prohibited, even though it may be present in the meeting area.
2.6 Advance Notice. The Association shall, except in cases of emergency,
have the right to reasonable notice of any ordinance, rule, resolution or
regulation directly relating to matters within the scope of representation
proposed to be adopted by the Board, or boards and commissions designated by the
Board, and to meet with the body considering the matter.
The listing of an item on a public agenda, or the mailing of a copy of a
proposal at least seventy-two (72) hours before the item will be heard, or the
delivery of a copy of the proposal at least twenty-four (24) hours before the
item will be heard, shall constitute notice.
In cases of emergency when the Board, or boards and commissions designated by
the Board determines it must act immediately without such notice or meeting, it
shall give notice and opportunity to meet as soon as practical after its action.
2.7 Written Statement for New Employees. The County will provide a written
statement to each new employee hired into a classification in any of the
bargaining units represented by the Association, that the employee's classif-
ication represented by the Association and the name of a representative of the
Association. The County will provide the employee with a packet of information
which has been supplied by the Association and approved by the County.
2.8 Assignment of Classes to Bargaining Units. The County shall assign new
classes in accordance with the following procedure:
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000,82
A. Initial Determination. When a new class title is established, the
employee relations officer shall review the composition of existing
representation units to determine the appropriateness of including
some or all of the employees in the new class in one .or more
existing representation units, and within a reasonable period of
time shall notify all recognized employee organizations of his
determination.
B. Final Determination. His determination is final unless within ten
TTUT days after notification a recognized employee organization
requests in writing to meet and confer thereon.
C. Meet and Confer and other Ste s. He shall meet and confer with
such requesting organizations and with other recognized employee
organizations where appropriate) to seek agreement on this matter
within sixty (60) days after the ten (10) day period in Subsection
B, unless otherwise mutually agreed. Thereafter, the procedures in
cases of agreement and disagreement, arbitration referral and
expenses, and criteria for determination shall conform to those in
Subsections D through I of Section 34-12.008 of Board of
Supervisors Resolution 81/1165.
Section 3 - No Discrimination
There shall be no discrimination because of race, creed, color, national origin,
sexual orientation or Association activities against any employee or applicant
for employment by the County or by anyone employed by the County; and to the
extent prohibited by applicable State and Federal law there shall be no
discrimination because of age. There shall be no discrimination against any
handicapped person solely because of such handicap unless that handicap prevents
the person from meeting the minimum standards established for the position.
There shall be no discrimination because of Association membership or legitimate
Association activity against any employee or applicant for employment by the
County or anyone employed by the County.
Section 4 - Nurse Representatives
4.1 Attendance at Meetings. Employees designated as nurse representatives
of the Association shall be allowed to attend meetings held by County agencies
during regular working hours on County time as follows:
A. If their attendance is required by the County at a specific
meeting;
B. if their attendance is sought by a hearing body or presentation of
testimony or other reasons;
C. if their attendance is required for meetings scheduled at
reasonable times agreeable to all parties required for settlement
of grievances filed pursuant to Section 23 - Grievance. Procedure of
this Memorandum;
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D. if they are designated as a nurse representative in which case they may
Utilize a reasonable time at each level of the proceedings to assist an
employee to present a grievance, provided the meetings are scheduled at ,
reasonable times agreeable to all parties;
E. if they are designated as spokesperson or representative of the
Association and as such make representations - or presentations at
meetings or hearings on wages, salaries and working conditions; provided
in each case advance arrangements for time away from the employee's work
station or assignment are made with the appropriate Department Head, and
the County agency calling the meeting is responsible for determining
that the attendance of the particular employee(s) is required.
4.2 Association Representative. Official representatives of the California
Nurses ' Association shall be allowed time off on County time for meetings- during
regular working hours when formally meeting and conferring in good faith or
consulting with the Employee Relations Officer or , other management
representatives on matters within the scope or representation, provided that- the
number of such representatives shall not exceed two (2) without prior approval
of the Employee Relations Officer, and that advance arrangements for the time
away from the work station or assignment are made with the appropriate
Department Head.
Section 5 - Salaries
5.1 The salary range for each represented classification shall be as listed
below and become effective August 1, 1984. These salary increases include a
three percent (3%) comparable worth adjustment.
A. Registered Nurse. The compensation of persons in the Registered
Nurse classification shall be based upon the following salary range
(V2 Pay Schedule-Level 650) .
Level Step on Salary Range Monthly Rate Hourly Rate
Trainee 1 $1886 $10.88
Entry 6 2133 12.31
10 2355 13.59
11 2414 13.93
Experienced 12 2474 14.27
13 2536 14.63
14 2599 14.99
Advanced 17 2799 16.15
18 2869 16.55
B. Family Nurse Practitioner. The compensation of persons in the
Family Nurse Practitioner classification shall be based upon the
following salary range (H2 Pay Schedule-Level 786) .
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Step on Salary Range Monthly Rate Hourly Rate
1 $2704 $16.38
2 2839 17.20
3 2981 18.06
4 3130 18.96
5 . 3286 19.91
5.2 An experienced level Registered Nurse who at the County's request
relieves an advanced level Registered Nurse for an eight (8) hour shift shall
receive an additional five dollars and fifty cents ($5.50) per shift.
5.3 Comparable Worth Task Force. The County .agrees to establish a task
force on Comparable Worth by July 1,-1984. The task force shall consist of one
representative and one alternate from each organization that chooses prior to
July 1, 1984 to have representation on the task force and no more than an equal
number of management employees. The task force shall :
A. Review and monitor all legislation relating to comparable worth and
advise the County on an ongoing basis of the impact of such
legislation.
B. Review and monitor all decisions by Courts of Record regarding
comparable worth and advise the County on the impact of such
decisions.
C. Research and recommend to the County sources of revenue which can
be utilized for fund comparable worth adjustments.
D. Analyze the County salary plan and recommend to the County which
benchmark classifications should be included in addressing
comparable worth in the meet and confer process.
The task force shall provide bi-monthly reports to the Director of Personnel and
make a final recommendation no later than March 15, 1985.
5.4 The following provisions of this section shall apply to all employees
except as modified by deep class resolution.
5.5 Entrance Salary. New employees shall generally be appointed at the
minimum step of the salary range established for the particular class of
position to. which the appointment is made. However, the appointing authority
may fill a particular position at a step above the minumum of the range.
5.6 Anniversary Dates. Except as may otherwise be provided for in deep
class resolutions, anniversary dates will be set as follows:
A. New Employees. The anniversary date of a new employee is the first
day of the calendar month after the calendar month when the
employee successfully completes six (6) months services provided,
however, if an employee began work on the first regularly scheduled
workday of the month the anniversary date is the first day of the
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calendar month when the employee successfully completes six (6)
months service.
B. Promotions. The anniversary date of a promoted employee is
determined as for a new employee in Subsection 5.5 (A) above.
C. Transfer, Reallocation and Reclassification. The anniversary date
of an employee who is transferred to -another position or one whose
position has been reallocated or reclassified to a class allocated
to the same salary range or to a salary range which is within five
(5) percent of the top step of the previous classification, remains
.unchanged.
D. Reemployments. The anniversary of an employee appointed from a re-
employment list to the first step of the applicable salary range
and not required to serve a probation period is determined in the
same way as the anniversary date is determined for a new employee
who is appointed the same date, classification and step and who
then successfully completes the required probationary period.
E. Notwithstanding other provisions of this Section 5, the anniversary
of an employee who is appointed to a classified position from
outside the County's merit system at a rate above the minimum
salary for the employee's new class, or who is transferred from
another governmental entity to this County's merit system, is one
(1) year from the first day of the calendar month after the
calendar month when the employee was appointed or transferred;
provided, however, when the appointment or transfer is effective on
the employee's first regularly scheduled work day of that month,
the anniversary is one (1) year after the first calendar day of
that month.
5.7 Increments Within Range. The performance of each employee, except
those of employees already at the maximum salary step of the appropriate salary
range, shall be reviewed on the anniversary date as set forth in Section 5.5 to
determine whether the salary of the employee shall be advanced to the next
higher step in the salary range. Advancement shall be granted on the
affirmative recommendation of the appointing authority, based on satisfactory
performance by the employee. The appointing authority may recommend
unconditional denial of the increment or denial subject to review at some
specified date before the next anniversary.
Except as herein provided, increments within range shall not be granted more
frequently than once a year, nor shall more than one (1) step within-range
increment be granted at one time, except as otherwise provided in deep-class
resolutions. In case an appointing authority recommends denial of the within
range increment on some particular anniversary date, but recommends a special
salary review at some date before the next anniversary the special salary review
shall not affect the regular salary review on the next anniversary date.
Nothing herein shall be construed to make the granting of increments mandatory
on the County. If an operating department verifies in writing that an adminis-
trative or clerical error was made in failing to submit the documents needed to
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advance an employee to the next salary step on the first of the month when
eligible, said advancement shall be made retroactive to the first of the month
when eligible.
5.8 Part-Time Compensation. A part-time employee shall be paid a monthly
salary in the same ratio to the full-time monthly rate to which the employee
would be entitled as a full-time employee under the provisions of this Section 5
as the number of hours per week in the employee's part-time work schedule bears
to the number of hours in the full-time work schedule of the department.
If employment is periodic and irregular (permanent-intermittent), depending on.
departmental requirements, payment for hours worked shall be made at the hourly
rate established for the step of the salary range at which a Registered Nurse is
appointed. The County shall determine the differential paid to permanent
.intermittent Registered Nurses, provided it is no less than fifteen (15) percent
of the hourly rate.
5.9 Compensation for Portion of Month. Any employee who works :less than
any full calendar month, except when on earned vacation or authorized sick
leave, shall receive as compensation for services an amount which is in the same
ratio to the established monthly rate as the number of days worked is to the
actual working days in such employee's normal work schedule for the particular
month; but if the employment is intermittent, compensation shall be on an hourly
basis.
5.10 Position Reclassification. An employee who is an incumbent of a
position which is reclassified to a class which is allocated to the same range
of the basic salary schedule as is the class of the position before it was
reclassified, shall be paid at the same step of the range as the emploYee
received under the previous classification.
An incumbent of a position which is reclassified to a class which is allocated
to a lower range of the basic salary schedule shall continue to receive the same
salary as before the reclassification, but if such salary is greater than the
maximum of the range of the class to which the position has been reclassified,
.the salary of the incumbent shall be reduced to the maximum salary for the new
classification. The salary of an incumbent of a position which is reclassified
to a class which is allocated to a range of the basic salary schedule greater
than the range of the class of the position before it was reclassified shall be
governed by the provisions of Section 5.11 Salary on Promotion.
5.11 Salary Reallocation and Salary on Reallocation.
A. In a general salary increase or decrease, an employee in a class
which is reallocated to a salary range above or below that to which
it was previously allocated, when the number of steps remain the
same, shall be compensated at the same step in the new salary range
the employee was receiving in the range to which the class was
previously allocated. If the reallocation is from one salary range
with more steps to a range with fewer steps or vice versa, the
employee shall be compensated at the step on the new range which is
in the same percentage ratio to the top step of the new range as
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was the salary received before reallocation to the top step of the
old range, but in no case shall any employee be compensated at less
than the first step of the range to which the class is allocated.
B. In the event that a classification is reallocated from a salary
range with more steps to a salary range with fewer steps on the
salary schedule, apart from the general salary increase or decrease
described in 5.10A above, each incumbent of a position in the
reallocated class shall be placed upon the step of the new range
which equals the rate of pay received before the reallocation. In
the event that the steps in the new range do not contain the same
rates as the old range, each incumbent shall be placed at the step
of the new range which is next above the salary rate received in
the old range, or if the new range does not contain a higher step,
at the step which is next lower than the salary received in the old
range.
C. In the event an employee is in a position which is reallocated to a
different class which is allocated to a salary range the same as
above or below the salary range of the employee's previous class,
the incumbent shall be placed at the step in the new class which
equals the rate of pay received before reallocation. In the event
that the steps in the range for the new class do not contain the
same rates as the range for the old class, the incumbent shall be
placed at the step of the new range which is next above the salary
rate received in the old range; or if the new range does not
contain a higher step, the incumbent shall be placed at the step
which is next lower than the salary received in the old range.
D. In the event of reallocation to a deep class, the provisions of the
deep class resolution and incumbent salary allocations, if any,
shall supercede Section 5.10.
5.12 Salary on Promotion. Any employee who is appointed to a position of a
class allocated to a higher salary range than the class previously occupied,
except as provided under Section 5.14, shall receive the salary in the new
salary range which is next higher than the rate he was receiving before
promotion. In the event this increase is less than five (5) percent, the
employee's salary shall be adjusted to the step in the new range which is at
least five (5) percent greater than the next higher step; provided, however,
that the next step shall not exceed the maximum salary for the higher class. In
the event of the promotion of a laid off employee from the layoff list to the
class from which the employee was laid off, the employee shall be appointed at
the step which the employee had formerly attained in the higher class unless
such step results in an increase of less than five (5) percent, in which case
the salary shall be adjudsted to the step in the new range which is five (5)
percent greater than the next higher step, if the new range permits such
adjustment.
5.13 Salary on Involuntar Demotion. Any employee who is demoted, except
as provided under Section 5. 4, shall have his/her salary reduced to the monthly
salary step in the range for the class of position to which he has been demoted
13
00088
next lower than the salary received before demotion. In the event this decrease
is less than five (5) percent, the employee's salary shall be adjusted to the
step in the new range which is five (5) percent less than the next lower step;
provided, however, that the next step shall not be less than the minimum salary
for the lower class.
Whenever the demotion is the result of layoff, cancellation of positions or
displacement by another employee with greater seniority rights, the salary of .
the demoted employee .shall be that step on the salary range which the employee
would have achieved had the employee been continuously in the position to which
the employee has been demoted, all within-range increments having been granted.
5.14 Salary on Voluntary Demotion. Whenever any employee voluntarily
demotes to a position in a class having a salary schedule lower than that of the
class from which the employee demotes, the employee's salary shall remain the
same if the steps in the new (demoted) salary range permit, and if not, the new
salary shall be set at the step next below former salary.
5.15 Transfer. An employee who is transferred from one position to another
as described under "Transfer" shall be placed at the step in the salary range of
the new class which equals the rate of pay received before the transfer. In the
event that the steps in the range for the new class do not contain the same
rates as the range for the old class, the employee shall be placed at the step
of the new range which is next above the salary rate received in the old range;
or if the new range does not contain a higher step, the employee shall be placed
at the step which is next lower than the salary received in the old range. If
the transfer is to a deep class, the provisions of the deep class resolution on
salary of transfers, if any, shall apply in lieu of the above provisions.
5.16 Pay for Work in Higher Classification. When an employee in a
permanent position in the merit system is required to work in a classification
for which the compensation is greater than that to which the employee is
regularly assigned, the employee shall receive compensation for such work at the
rate of pay established for the higher classification pursuant to Subsection
5.11 SalarX on Promotion of this Memorandum, commencing on the eleventh 11th
work day after eighty (80) . hours for employees on schedules other than eight
(8) hours) of the assignment, under the following conditions:
1. The employee is assigned to a program, service, or activity
established by the Board of Supervisors which is reflected in an
authorized position which has been classified and assigned to the
Salary Schedule.
2. The nature of the departmental assignment is such that the employee
in the lower classification becomes fully responsible for the
duties of the position of the higher classification.
3. Employees selected for the assignment will normally be expected to
meet the minimum qualifications for the higher classification.
4. Pay for work in a higher classification shall not be utilized as a
substitute for regular promotional procedures provided in this .
Memorandum.
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00089
5. The appropriate authorization form has been submitted by the .
Department Head and .approved by the County Administrator.
6. Higher pay assignments shall not exceed six (6) months except
through reauthorization.
7. If approval is granted for pay for work in a higher classification
and the assignment is terminated and later reapproved for the same
employee within thirty (30) days, no additional waiting period will
be required.
8. Any incentives (e.g., the education incentive) and special
differentials (e.g. , bilingual differential and hazardous duty
differentials) accruing to the employee in the permanent position
shall continue.
9. During the period of work for higher pay in a higher
classification, employees will retain their permanent
classification, and anniversary and salary review dates will be
determined by time in that classification.
10. Allowable overtime pay, shift differentials and/or work location
differentials will be paid on the basis of the rate of pay for the
higher class.
5.17 Payment. On the tenth (10th) day of each month, the Auditor will draw
a warrant upon the Treasurer in favor of each employee for the amount of salary
due the employee for the preceding month; provided, however, that each employee
(except those paid on an hourly rate) may choose to receive an advance on the
employee's monthly salary, in which case the Auditor shall , on the twenty-fifth
(25th) day of each month, draw a warrant upon the Treasurer in favor of such
employee.
The advance shall be in an amount equal to one-third (1/3) of the employee's
basic salary of the previous month except that it shall not exceed the amount of
the previous month 's basic salary less all requested or required deductions.
The election to receive an advance shall be made on or before April 30 or
October 31 of each year or during the first month of employment by filing on
forms prepared by the Auditor-Controller a notice of election to receive salary
advance.
Each election shall become effective on the first day of the month following the
deadline for filing the notice and shall remain effective until revoked. In the
case of an election made pursuant to this Section 5.16 all required or requested
deductions from salary shall be taken from the second installment, which is
payable on the tenth (10th) day of the following month.
Section 6 - Days and Hours of Work
6.1 Work Week. The work week of County employees is forty (40) hours
normally between :01 a.m. Monday to 12:00 midnight Sunday, except in certain
segments of the Health Services Department where it is between 12:01 a.m. Sunday
.15 000,0
to 12:00 midnight Saturday, usually five (5) eight (8) hour days. Where
operational requirements of a department require deviations from, the usual
pattern of five (5) eight (8) hour days per work week, an employee' s work hours
may be scheduled to meet these requirements, but an employee's working time
shall not exceed an average of forty (40) hours per seven (7) day period
throughout an operational cycle, and the Department Head shall prepare written
schedules in advance to support all deviations, the schedules to encompass the
complete operational cycle contemplated.
The work week for employees in the "4-10" shift is four (4) ten (10) hour
working days during a work week consisting of any seven (7) day period.
6.2 Four Week Schedules. For Registered Nurses assigned to areas that have
twenty four hour staffing a four week work schedule will be published by Nursing
Administration which provides that each Registered Nurse shall have every other
weekend off. Registered Nurses may exchange days off within the four week cycle
but no Registered Nurse shall become eligible for overtime as the result of said
exchange. Such exchange days off shall be subject to the approval of the
appropriate Supervising Nurse.
6.3 Time Chances : Pacific Standard Time/Daylight Savings Time. For those
nurses who work on the shift when daylight savings time begins and ends each
year, their work hours will be adjusted for that shift to the number of work
hours they regularly work on that shift.
Section 7 - Overtime and Compensatory Time
7.1 Overtime. Overtime is any authorized work performed in excess of forty
(40) hours per week or eight (8) hours per day. Overtime for employees on other
work schedules such as on ten (10) hour or twelve (12) hour shifts is any work
performed beyond that work schedule or forty (40) hours per week. All overtime
shall be compensated for at the rate of one and one-half (1-1/2) times the
employee' s base rate of pay (not including shift and other special
differentials) . Permanent part-time registered nurses shall be compensated at
the straight time rate for those hours worked over and above the regular work
schedule but less than eight (8) hours a day or forty (40) hours per week.
Overtime for permanent employees is earned and credited in a minimum of one-half
(1/2) hour increments and is compensated by either pay or compensatory time off.
Employees who are required to work a double shift of sixteen (16) or more hours
shall receive twenty nine dollars ($29.00) in addition to all other compensation
for each double shift worked.
Employees entitled to overtime credit for holidays in positions which work
around the clock (such as the County Hospital , the Sheriff's Office and Jails,
and the Juvenile Hall and Boys' Ranch) shall be provided a choice as to whether
they shall be paid at the overtime rate or shall receive compensatory time off
at the rate of one and one-half (1-1/2) hours compensatory time off for each
hour worked. Such compensatory time off, and the accumulation thereof shall be
in addition to the total vacation accumulation permitted under the terms of this
Memorandum of Understanding. The specific provision of this accumulation are
set forth in Section 12.5 of this Memorandum of Understanding.
16
000,91
Regular overtime for twenty-four (24) hour institutional employees may be
accrued as compensatory time in accordance with Section 7.2 of this Memorandum
of Understanding.
7.2 Compensatory Time. The following provisions shall apply:
- - A. Employees may periodically elect to accrue compensatory time off in
lieu of overtime pay. Eligible employees must notify their
Department dead or designee of their intention to accrue
compensatory time off or to receive overtime pay at least thirty
(30) days in advance of the change.
B. The names of those employees electing to accrue compensatory time
off shall be placed on a list maintained by the Department.
employees who become eligible (i .e. , newly hired employees,
employees promoting, demoting, etc. ) for compensatory time off in
accordance with these guidelines. must elect to accrue compensatory
time or_ they will be paid for authorized overtime hours worked.
C. Compensatory time off shall be accrued at the rate of one and one-
half (1-1/2) times the actual authorized overtime hours worked by
the employee.
D. Employees may not accrue a compensatory time off balance that
exceeds one hundred twenty (120) hours ( i .e. , eighty (80) hours at
time and one-half) . Once the maximum balance has been attained,
authorized overtime hours will be paid at the overtime rate. If
the employee' s balance falls below one-hundred twenty (120) hours,
the employee shall again accrue compensatory time off for
authorized overtime hours worked until the employee' s balance again
reaches one-hundred twenty (120) hours.
E. Accrued compensatory time off shall be carried over for use in the
next fiscal year; however, as provided in D above, accrued
compensatory time off balances may not exceed one-hundred twenty
(120) hours.
F. Employees may not use more than one-hundred twenty (120) hours of
compensatory time off in any fiscal year period (July 1 - June 30) .
However, Registered Nurses regularly assigned to surgery shall not
be subject to a limit on the usage of compensatory time during the
fiscal year. The use of compensatory time by said Registered
Nurses shall require the approval of the supervisor and shall be
subject to the needs of the department.
G. The use of accrued compensatory time off shall be by mutual
agreement between the Department Head or designee and the employee.
Compensatory time off shall not be taken when the employee should
be replaced by another employee who would be eligible to receive,
for time worked, either overtime payment or compensatory. time
accruals as provided for in this Section. This provision may be
waived at the discretion of the Department Head or designee.
17 00092
`4
H. When an employee promotes, demotes or transfers from one
classification eligible for compensatory time off to another
classification eligible for compensatory time off within the same
department, the employee' s accrued compensatory time off balance
will be carried forward with the employee.
I. Compensatory time accrual . balances will be paid off when an
employee moves from one department to another through promotion,
demotion or transfer. Said payoff will be made in accordance with
the provisions and salary of the class from which the employee is
promoting, demoting or transferring as set forth in J below.
J. Since employees accrue compensatory time off at the rate of one and
one-half (1 1/2) hours for each hour of authorized overtime worked,
accrued compensatory time balances will be paid off at the straight
time rate (two thirds 2/3 of the overtime rate) for the employee' s
current salary whenever:
1. the employee changes status and is no longer eligible for
compensatory time off;
2. the employee promotes, demotes or transfers to another
department;
3. the employee separates from County service;
4. the employee retires.
K. The Office of the County Auditor-Controller will establish
timekeeping procedures to administer this Section.
1.3 Contiguous Shifts. At the County's request, if an employee works two
(2) . contiguous shifts sixteen (16) continuous hours) which is outside the
employee' s regular work schedule and the first eight (8) hours fall on one day
and the second eight (8) hours fall on the following day, the employee shall be
paid a differential of one-half (1/2) the employee's base salary rate in
addition to the employee's base salary rate for the second eight (8) hours.
Additionally, such employees shall be provided a meal in the hospital cafeteria
at no cost to the employee.
Section 8 - Call Back Time
8.1 Any employee who is called back to duty shall be paid at the
appropriate rate for the actual time worked plus one (1) hour. Such employee
called back shall be paid a minimum of two (2) hours at the appropriate rate for
each call back.
8.2 Operating Room Call Back. A Registered Nurse who is in On-Call status
for the Operating Room and is called back to duty shall be paid for the actual
time so spent plus one hour, but not less than three (3) hours total for each
call-back.
18 OOO93
•a
Section 9 - On Call Duty
On-Call duty is any time other than time when the employee is actually on duty
during which an employee is not required to be on County premises but stand
ready to immediately report for duty and must arrange "so that the employee's
superior can contact the employee ' on ten (10) minutes notice or less. An
employee assigned to on-call time shall be paid one (1) hour of straight time
pay for each four (4) hours on such on-call time.
9.1 Alternate Birth Care (ABC) Program. Employees shall be credited with
eight (8) hours on-call status two (2) hours compensation) if required to be
available for the ABC Program on a day in which they do not work to find out
whether or not they will be required to provide ABC coverage on the following
non-regularly scheduled work day (e.g. weekends and holidays) .
9.2 Health Plan Call . The Health Services Department shall utilize Family
Nurse Practitioners to provide after hours call coverage for Health Plan
members. Total compensation to all the Family Nurse Practitioners providing
these services shall not exceed $1,000 per month.
Section 10 - Shift Differential
10.1 An employee who works an evening shift in which the employee works
four (4) or more hours between 5:00 p.m. and 11:00 p.m. shall receive a shift
differential of twelve (12) percent of the employee's base pay.
Split shifts with more than 1 1/2 hours between the two portions of the shift
shall also qualify for the twelve (12) percent hourly differential .
An employee who works a night shift in which the employee works four (4) or more
hours between 11:00 p.m. and 8:00 a.m. shall receive a shift differential of
fifteen (15) percent of the employee's base pay.
An employee who works overtime shall receive shift differential in addition to
overtime compensation only when the overtime hours independently satisfy the
requirement for shift differential as stated above. The shift differential
shall be computed on the employee 's base salary.
Employees who have been regularly working a shift qualifying for shift
differential immediately preceding the commencement of a vacation, paid sick
leave period, paid disability or other paid leave, will have shift differential
included in computing the pay for their leave. The paid leave of an employee
who is on a rotating shift schedule shall include the shift differential that
would have been received .had the employee worked the shift for which the
employee was scheduled during such period. Shift differential shall only be
paid during paid sick leave and paid disability as provided above for the first
thirty (30) calendar days of each absence.
10.2 Shift Differential for Employees Working a Holiday. When a shift
employee works on a recognized holiday, the employee shall be entitled to
holiday pay and shift differential to be computed on the employee's base salary.
19 00094
i
Section 11 - Separation Through Layoff
11.1 Grounds for Layoff. Any employee(s) having permanent status in
positions) in the merit service may be laid off when the position is no longer
necessary, or for reasons of economy, lack of work, lack of funds or for. such
other reason(s) as the Board of Supervisors deems sufficient for abolishing the
position(s) .
11.2 Order of Layoff. The order of layoff in a department shall be based
on inverse seniority in the class of positions, the employee in that department
with least seniority being laid off first and so on.
11.3 Layoff By Displacement.
A. In the same class. A . laid off permanent full-time employee may
displace an employee in the department having less seniority in the
same class who occupies a permanent intermittent or permanent part-
time position, the least senior employee being displaced first.
B. In the same level or lower class. A laid off or displaced employee
who had achieved permanent status in a class at the same or lower
salary level as determined by the salary schedule in effect at the
time of layoff may displace within the department and in the class
an employee having less seniority; the least senior employee being
displaced first, and so on with senior displaced employees
displacing junior employees.
11.4 Particular Rules on Displacing.
A. Permanent intermittent and permanent part-time employees may
displace only employees holding permanent positions of the same
type respectively.
B. A permanent full-time employee may displace any intermittent or
part-time employee with less seniority 1) in the same class as
provided in Section 11.3 (A) , or 2) in a class of the same or
lower salary level as provided in Section 11.2 (B) if no full-time
employee in a class at the same or lower salary level has less
seniority than the displacing employees.
C. Former permanent full-time employees who have voluntarily become
permanent part-time employees for the purpose of reducing the
impact of a proposed layoff with the written approval of the
Director of Personnel or designee retain their permanent full-time
employee seniority rights for layoff purposes only and may in a
later layoff displace a full-time employee with less seniority as
provided in these rules.
11.5 Seniority. An employee's seniority within a class for layoff and
displacement purposes shall be determined by adding the employee's length of
service in the particular class in question to the employee's length of service
in other classes at the same or higher salary levels as determined by the salary
20
00095
schedule in effect at the time of layoff. Employees reallocated or transferred
without examination from one class to another class having a salary within five
(5) percent of the former class as provided in Section 305.2, shall carry the .
seniority accrued in the former class into the new class. Employees reallocated
to a new deep class upon its initiation or otherwise reallocated to a deep class
because the duties of the position occupied are appropriately described in the
deep class shall carry into the deep class the seniority accrued or carried
forward in the former class and seniority accrued in other classes which have
been inclused in the deep class. Service for layoff and displacement purposes
includes only the employee's last continuous permanent County employment.
Periods of separation may not be bridged to extend such service unless the
separation is a result of layoff in which case bridging will be authorized if
the employee is reemployed in a permanent position within the employee's layoff
eligibility.
Approved leaves of absence as provided for in these rules and regulations shall
not constitute a period of separation. In the event .of ties in seniority rights .
in the particular class in question, such ties shall be broken by length of last
continuous permanent County employment. If there remain ties in seniority
rights, such ties shall be broken by counting total time in the department in
permanent employment. Any remaining ties shall be broken by random selection
among the employees involved.
11.6 Eligibility for Layoff List. Whenever any person who has permanent
status is laid off, has been displaced, has been demoted by displacement or has
voluntarily demoted in lieu of layoff or displacement, the person's name shall
be placed on the layoff list for the class of positions from which that person
has been removed.
11 .7 Order of Names on Layoff. First, layoff lists shall contain the names
of persons laid off or displaced or when demoted as a result of a layoff or
displacement, or who have voluntarily demoted in lieu of layoff or displacement,
names shall be listed in order of layoff seniority in the class from which laid
off, displaced or demoted on the date of layoff, the most senior person listed
first. In case of ties in seniority, the seniority rules shall apply except
that where there is a class seniority tie between persons laid off from
different departments, the tie(s) shall be broken by length of last continuous
permanent County employment with remaining ties broken by random selection among
the employees involved.
11.8 Duration of Layoff and Reemployment. Rights. The name of any person
laid off or granted reemployment privileges after application shall continue on
the appropriate list for a period of two (2) years. Persons placed on layoff
lists shall be continued on the list for an additional two years if application
for extension of eligibility is made before the expiration, of the original
period of eligibility.
11.9 Certification of Persons From Layoff Lists. Layoff lists contain the
name(s) of person(s) laid off, displaced or demoted by displacement or
voluntarily demoted in lieu of layoff. When a request for personnel is received
from the appointing authority of a department, if a layoff list exists for the'
class, the appointing authority shall receive and appoint the eligible highest
21 00096
on the layoff list from that department; or in the case that there is no layoff
from that department, the appoint.ing authority shall receive and appoint the
eligible highest on the layoff list. However, if an eligible so certified is
rejected during probation and restored to the layoff list, the rejected employee
will not again be certified to the department from which rejected on probation
unless the appointing authority so requests. The Director of Personnel shall
recommend to the Board of Supervisors that a person employed from a layoff list
be appointed at the same step of that salary range the employee held on- the day
of layoff.
11.10 Removal of Names from Reemployment and Layoff Lists. The Director of
Personnel may remove the name of any eligible from a reemployment or layoff list
for any reason listed below:
A. For any cause stipulated in Section 404.1 of the Personnel
Management Regulations.
B. On evidence that the eligible cannot be located by postal
authorities.
C. On receipt of a statement from the appointing authority or eligible
that the eligible declines certification or indicates no further
desire for appointment in the class.
D. If three offers of permanent appointment to the class for which the
eligible list was established have been declined by the eligible.
E. If five (5) certifications for permanent appointment from an open
employment list, including certification to two (2) different
departments if the class has permanent positions in more than one
(1) department, have failed to result in selection and appointment.
F. If the eligible fails to respond to the Director of Personnel or
the appointing authority within five (5) days to written notice of
certification mailed to the person' s last known address. Notice
shall be sent to the person affected.
11.11 Association Notification. When it appears to the Department Head
and/or Employee Relations Officer that the Board of Supervisors may take action
which will result in the layoff of employees in a representation unit
represented by California Nurses Association, the Employee Relations Officer
shall notify the Association of the possibility of such layoffs and shall meet
and confer with it regarding the
implementation of the action.
The County agrees to give employees ten (10) work days (eight (8) work days for
employees on the "4-10" workweek) notice of layoff except in cases of emergency.
22 00097
Section 12 - Holidays
12.1 The County will observe the following holidays:
A. Labor Day
Veterans' Day
Thanksgiving Day
Day After Thanksgiving
Christmas
New Years Day
Martin Luther King Day
Washington's Day
Memorial Day
Independence Day
Such other days as the Board of Supervisors may by resolution
designate as holidays.
B. Employees in positions which work arond the clock shall also
celebrate Admission Day, Columbus Day, and Lincoln' s Day in
addition to the holidays listed in 12.1 (A) above.
C. Employees who only celebrate the holidays listed in 12.1 (A) above
shall accrue two (2) hours of personal holiday credit per month.
Such personal holiday time may be taken in increments of one (1)
hour, and preference of personal holidays shall be given to
employees according to their seniority in their department as
reasonably as possible. No employee may accrue more than thirty-
two (32) hours of personal holiday credit. On separation from
County service, an employee shall be paid for any unused personal
holiday credits at the employee's then current pay rate.
12.2 The following provisions indicate how holiday credit is to be applied:
A. Employees on the five (5) day forty (40) hour Monday through Friday
work schedule shall be entitled to a holiday whenever a holiday is
observed pursuant to the schedule cited above.
B-. Employees on a work schedule other than Monday through Friday shall
be entitled to credit for any holiday, whether worked or not,
observed by employees on the regular schedule; conversely, such
employees will not receive credit for any holiday not observed by
employees on the regular schedule even though they work the
holiday.
C. Employees will be paid one and one-half (1-1/2) times their basic
salary rate for holidays actually worked.
The purpose of this plan is to equalize holidays between employees on regular
work schedules and those on other work schedules.
23 00098
If a holiday falls on the days off of an employee on a schedule other than
Monday through Friday the employee shall be given credit for overtime or granted
time off on the employee's next scheduled work day. Employees who are . not
permitted to take holidays because of the nature of their work are entitled to
overtime pay as specified by this Memorandum of Understanding.
If any holiday listed in Section 12.1 (A) above falls on a Saturday, it shall be
celebrated on the preceding Friday. If any holiday listed in Section 12.1 (A)
falls on a Sunday, it shall be celebrated on the following Monday. For
employees in positions whose shifts include Saturday or Sunday as designated by
the appointing authority (rather than Monday through Friday eight (8) hours per
day or a designated "4-10") holidays shall be observed on the day on which the
holiday falls regardless if it is a Saturday or Sunday.
12.3 Permanent Part-Time Employees shall receive holiday credit in the same
ratio to the holiday credit given full-time employees as the number of hours per
week in the part-time employee' s schedule bears to the number of hours in the
regular full-time schedule, regardless of whether the holiday falls on the part-
time employee's regular work day.
12.4 114-10" Shift - Holidays.
A. Holiday Shift Pay. Each "4-10" shift employee who works a full
shift on a holiday shall receive time and one-half for the first
eight (8) hours worked in addition to regular pay for the holiday.
Holiday shift pay shall be subject to provisions of Section 7 -
"Overtime".
B. Absence on Holiday. The maximum time charged to sick leave,
vacation or leave without pay on a holiday shall be two (2) hours.
12.5 Accrual of Holiday Time. Employees entitled to overtime credit in
positions which work around the clock shall be permitted to elect between pay at
the overtime rate or compensatory time off in recognition of holidays worked.
The following procedures shall apply to this selection:
1. Eligible employees may elect, on a quarterly basis, the method of
reimbursement for work performed on holidays. The selection between
accrued holiday time and/or overtime pay must be made known to the
County during the months of June 1984, September 1984, December
1984, and March 1985.-
2.
985.2. Employees starting work after a list of those electing to accrue
holiday time has been submitted to the Auditor and approved, will
be paid overtime unless they specifically requested in writing
within seven (7) calendar days to be placed on the accrual list.
3. Holida time shall be accrued at the rate of one and one-half
(1-1/2� times the actual hours worked to a maximum of eight (8)
hours worked by the employee.
4. Holiday time may not be accumulated in excess of two hundred
eighty-eight (288) working hours. Holiday time may be accrued up
24 00099
to two hundred eighty-eight (288) hours, exclusive of regular
vacation accruals. After two hundred eighty-eight (288) hours
holiday time shall be paid at the overtime rates as specified in
Section 7.
5. Accrued holiday time may be taken off at times determined by mutual
agreement of the employee and the department head.
12.6 Each permanent Registered Nurse who qualifies for paid holidays shall
not be required to work on at least one (1) of the following holidays each year:
Thanksgiving, Christmas, New Year's Day.
12.7 Employees who work at the County Hospital on Thanksgiving and/or
Christmas shall receive a meal at the County Hospital Cafeteria during an
assigned shift at no cost to the employee.
12.8 Permanent Intermittent Holiday Pay. Employees in permanent
intermittent positions shall receive holiday pay at the rate of 1-1/2 times the
employee' s base salary rate for up to eight (8) hours worked on a recognized
holiday.
Section 13 - Vacation Leave
13.1 Vacation Allowance. Permanent and Provisional employees in permanent
positions are entitled to vacation with pay. Accrual is based upon straight
time hours of working time per calendar month of service and begins on the date
of appointment to a permanent position. Increased accruals begin on the first
of the month following the month in which the employee qualifies. Accrual for
portions of a month shall be in minimum amounts of one (1) hour calculated on
the same basis as for partial month compensation pursuant to Section 5.7 of this
Memorandum of Understanding. Vacation credits may not be taken during the first
six (6) calendar months of employment, not necessarily synonomous with
probationary status, except where sick leave has been exhausted; and none shall
be allowed in excess of actual accrual at the time vacation is taken.
13.2 Vacation Accrual Rates.
Monthly Maximum
Accrual Cumulative
Length of Service Hours Hours
Under 15 years 10 240
15 through 19 years 13-1/3 320
20 through 24 years 16-2/3 400
25 through 29 years 20 480
.30 years and up 23-1/3 560
13.3 No employee who has been granted leave without pay or unpaid military
leave shall accrue any vacation credit during the time of such leave, nor shall
an employee who is absent without pay accrue vacation credit during the absence.
13.4 Vacation Allowance for Separated Employees. On separation from County
service, an employee shall be paid for any unused vacation credits at the
employee' s then current pay rate. 001 00
25
13.5 Employees in permanent part-time and permanent intermittent positions
shall accrue vacation benefits on a prorated basis as provided in Resolution
81/1165, Section 36-2.006.
13.6 Employees in the. Hospital Division of the Health Services Department
shall submit vacation requests at least seventy-five (75) days in advance of the
first day requested. The County shall reply to such requests within forty-five
(45) days after receipt, and shall throughout the year post at least thirty (30)
days in advance a schedule of vacations covering the next sixty (60) day period.
If staffing and patient care requirements do not permit all nurses requesting a
certain vacation preference to take their vacations over the same period, length
of service with the County shall be the determining factor within each . work
area. At the written request of a nurse, vacation may be taken in daily
segments. A request for vacation shall not be unreasonably denied because of
the season of the year.
Section 14 - Sick Leave
14.1 The purpose of paid sick leave is to insure employees against loss of
pay for temporary absences from work due to illness or injury. Sick leave may.
be used only as authorized; it is not paid time off which employees may use for
personal activities.
14.2 Sick leave credits accrue at the rate of eight (8) working hours
credit for each completed month of service. Employees who work a portion of a
month are entitled to a pro rata share of the monthly sick leave credit computed
on the same basis as is partial month compensation.
Credits to and charges against sick leave are made in minimum amounts of one-
half (1/2) hour. Unused sick leave credits accumulate from year to year. When
an employee is separated, other than through retirement, accumulated sick leave
credits shall be cancelled, unless the separation results from layoff in which
case the accumulated credits shall be restored if the employee is reemployed in
a permanent position within the period of layoff eligibility.
Upon retirement, an employee' s accumulated sick leave shall be converted to
retirement time on the basis of one day of retirement service credit for each
day of accumulated sick leave credit.
Accumulated paid sick leave credits may be used, subject to appointing authority
approval , by an employee in pay status, but only in the following instances:
A. An employee may use paid sick leave credits when the employee is
off work because of a temporary illness or injury.
B. Sick leave may be used by permanently disabled employees until the
employee is retired by the Retirement Board subject to the condi-
tions listed below. For the purposes of this Section 14 permanent
disability shall mean the employee suffers from a disabling
physical injury or illness and is thereby prevented from engaging
in any County occupation for which the employee is qualified by
reason of educa-tion training or experience. Sick leave credits may
26 00 -10 ,
be used under this provision only when the following requirements
are met:
1. An application for retirement due to disability has been
filed with the Retirement Board and
2. satisfactory medical evidence of such disability is
received by the appointing authority within thirty (30).
days of the start of use of sick leave for permanent
disability. The appointing authority may review medical
evidence and order further examination as deemed
necessary, and may terminate use of sick leave when such
further examination demonstrates that the employee is not
disabled, or when the appointing authority determines that
the medical evidence submitted by the employee is
insufficient, or where the above conditions have not been
met.
C. Communicable Disease. An employee may use paid sick leave credits
while under a physician 's orders to remain secluded due to exposure
to a communicable disease.
D. Sick Leave Utilization for Pregnancy Disability. Female employees
whose disability is caused or contributed to by pregnancy,
miscarriage, abortion, childbirth, or recovery therefrom, shall be
allowed to utilize sick leave credit to the maximum accrued by such
employee during the period of such disability under the conditions
set forth below:
1. Application for such leave must be made by the employee to
the appointing authority accompanied by a written
statement of disability from the employee's attending
physician. The statement must address itself to the
employee's general physical condition having considered
the nature of the work performed by the employee, and it
must indicate the date of the commencement of the
disability as well as the date the physician anticipates
the disability to terminate. The appointing authority
retains the right to medical review of all requests for
such leave.
2. If a female employee does not apply for sick leave and the
appointing authority believes that the employee is not
able to properly perform her work or that her general
health is impaired due to disability caused or contributed
to by pregnancy, miscarriage, abortion, childbirth or
recovery therefrom, the employee shall be required to
undergo a physical examination by a physician selected by
the County, the cost of such examination shall be borne by
the County. Should the medical report so recommend, a
mandatory leave shall be imposed upon the employee for the
duration of the disability.
3. If all accrued sick leave has been utilized by the
employee, the employee shall be considered on leave
27 0® 02
without pay. Sick leave may not be utilized after the
employee has been released from the hospital unless the
employee has provided the County with a written statement
from her attending physician stating that her disability
continues and the projected date of the employee's
recovery from such disability.
E. Medical and Dental Appointments. An employee may use paid sick
leave credits for medical and dental appointments as follows:
1. For working time used in keeping medical and dental
appointments for the employee's own care; and
2. For working time (not over thirty-two (32) hours in each
fiscal year) used by an employee for pre-scheduled medical
and dental appointments for an immediate family member
living in the employee's home.
Such use of sick leave credits shall be accounted for by
the department on a fiscal- year basis. Any balance of the
thirty two (32) hours remaining at the end of the fiscal
year shall not be carried over to the next year;
departments shall notify the employee if the maximum
allowance is reached. Authorization to use sick leave for
this purpose is contingent on availability of accumulated
sick leave credits; it is not an additional allotment of
sick leave which employees may charge.
F. Emergency Care of FamilyAn employee may use paid sick leave
credits up to three 3) days for each incident unless the
Department Head approves more) for working time used in cases of
illness or injury to, an immediate family member living in the
employee's home, if there is a real need for someone to render care
and no one else is available therefore, and if alternative
arrangements for the ill or injured person are immediately
undertaken.
G. Death of Family Member. An employee may use said sick leave
credits for absence from work because of a death in the employee's
immediate family, but this shall not exceed three (3) working days
plus up to two (2) days of work time for necessary travel .
14.3 Administration of Sick Leave. Accumulated paid sick leave credits may
not be used in the following situations :
1. Self-inflicted Injury. For. time off from work for an employee's
illness or injury caused by his or her willful misconduct.
2. Vacation. For an employee's illness or injury while the employee
is on vacation except when extenuating circumstances exist and the
appointing authority approves.
3. Not in Pay Status. When the employee would otherwise be eligible
To use paid sick leave credits but is not in' a pay status.
28
00103
The proper administration of sick leave is a responsibility of the employee and
the Department Head. The following general procedures apply:
A. Employees are responsible for notifying their department of an
absence as early as possible prior to the commencement of their
work shift or not later than thirty (30) minutes thereafter if
possible. Notification shall include the reason and possible
duration of the absence.
B. Employees are responsible for keeping their department informed of
their continuing condition and probable date of return to work.
C. Employees are responsible for obtaining advance approval from their
appointing authority or designee for the scheduled time of .
prearranged personal or family medical and dental appointments.
The procedures dated April 12, 1982 for Registered Nurses at County Hospital
shall remain in effect.
14.4 Disability.
A. An employee physically or mentally incapacitated for the
performance of duty is subject to dismissal , suspension or
demotion, subject to the County Employees Retirement Law of 1937.
An appointing authority after giving notice may place an employee
on leave if the appointing authority has filed an application for
disability retirement for the employee, or whom the appointing
authority believes to be temporarily or permanently physically or
mentally incapacitated for the performance of the employee's
duties.
B. An appointing authority who has reasonable cause to believe that
there are physical or mental health conditions present in an
employee which endanger the health or safety of the employee, other
employees, or the public, or which impair the employee ' s
performance of duty, may order the employee to undergo at County
expense and on the employees paid time a physical , medical and/or
psychiatric exmination by a licensed physician and receive a report
of the findings on such examination. If the examining physician
recommends that treatment for physical or mental health problems,
including leave, are in the best interests of the employee or the
County in relation to the employee overcoming any disability and/or
performing his or her duties the appointing authority may direct
the employee to take such leave and/or undergo such treatment.
C. Leave due to temporary or permanent disability shall be without
prejudice to the employee' s right to use sick leave., vacation, or
any other benefit to which the employee is entitled other than
regular salary. The Director of Personnel may order lost pay
restored for good cause and subject to the employee's duty to
mitigate damages.
29 00104
D. Before an employee returns to work from any absence for illness or
injury, other leave of absence or. disability leave, exceeding two
weeks in duration, the appointing authority may order the employee
to undergo at County expense a physical , medical , and/or
psychiatric examination by a licensed physician,_ and may consider a
report of the findings on such examination. If the report shows
that such employee is physically or mentally incapacitated for the
performance of duty, the appointing authority may take such action
as deemed necessary in accordance with appropriate provisions of
this Memorandum of Understanding.
14.5 Workers' Compensation.
A. Employees who leave work as a result of an on-the-job injury will
have the balance of that day charged to sick leave and/or vacation
accruals. This will be considered as the last day worked for
purposes .of determining Workers' Compensation benefits.
B. Three (3) consecutive calendar days following the last day worked
constitutes a waiting period before Workers' Compensation starts.
The time the employee is scheduled to work during this waiting
period will be charged to the employee's sick leave and/or vacation
accruals. In order to qualify for Workers' Compensation the
employee must be under the care of a physician. Temporary
compensation is payable on the first three (3) days of disability
when the injury necessitates hospitalization, or when the
disability exceeds twenty-one (21) days.
C. A permanent employee shall continue to receive full regular salary
during any period of compensable temporary disability absence.
"Compensable temporary disability absence" for the purpose of this
Section, is any absence due to work connected disability which
qualifies for temporary disability compensation under Workers '
Compensation Law set forth in Division 4 of the California Labor
Code. When any disability becomes permanent, the salary provided
in this Section shall terminate. The employee shall return to the
County all temporary disability payments received from any County
funded wage replacement program. No charge shall be made against
sick leave or vacation for these salary payments. Sick leave and
vacation rights shall not accrue for those periods during which
salary payments are made.
The maximum period for the described salary continuation for any
one injury or illness shall be one year from the date of temporary
disability. Continuing pay begins at the same time that temporary
Workers' Compensation starts and continues until the temporary
disability ends, or until one (1) year` has expired, whichever comes
first. All continuing pay under the Workers ' Compensation Program
will be cleared through the County Personnel Office, Safety
Division.
Whenever an employee who has been injured on the job and has
returned to work is required by an attending physician to leave
30
0®. 05
work for treatment during working hours the employee shall be
allowed time off up to three (3) hours for such treatment without
loss of pay or benefits. This provision applies only to injuries
that have been accepted by the County as a job connected injury.
D. Full Pay Beyond One' Year. If an injured employee remains eligible
for temporary disability beyond one year, full salary will continue
by integrating sick leave and/or vacation accruals with workers '
compensation benefits (vacation charges to be approved by the
Department and the employee) . If salary integration is no longer
available, workers' compensation benefits will be paid directly to
the employee as prescribed by workers ' compensation laws.
E. Rehabilitation Integration. An injured employee who is eligible
for workers ' compensation rehabilitation temporary disability
benefits and whose disability is medically permanent and stationary
will continue to receive full salary by integrating sick leave
and/or vacation accruals with workers ' compensation rehabilitation
temporary disability benefits until those accruals are exhausted.
Thereafter, the rehabilitation temporary disability benefits will
be paid directly to the employee.
F. Health Insurance. The County contribution to the employee's group
insurance plan(s) continues during the continuing pay period and
during integration of sick leave or vacation with workers '
compensation benefits.
G. Integration Formula. An employee' s sick leave and/or vacation
charges shall be calculated as follows:
C = 8 (1 - W/S)
Where C = Sick leave or vacation charge per day (in hours)
W = Statutory workers ' compensation for a month
S = Monthly salary
14.6 Definition of Immediate Family. For the purposes of this Section 14
the immediate family shall be restricted to the spouse, son, stepson, daughter,
stepdaughter, father, stepfather, mother, stepmother, brother, sister,
grandparent, grandchild, father-in-law, mother-in-law, son-in-law, daughter-in-
law, brother-in-law or sister-in-law of an employee.
14.7 On May 26, 1981 the Board of Supervisors established a labor-
management committee to administer a rehabilitation program for disabled
employees. It is understood that the benefits specified above in this Section
14 shall be coordinated with the rehabilitation program as determined by the
labor-management committee.
14.8 No employee who has been granted a leave without pay or an unpaid
military leave shall accrue any sick leave credits during the time of such leave
nor shall an employee who is absent without pay accrue sick leave credits during
the absence.
00106
31
14.9 Integration of State Disability Benefits with the County Sick Leave
Benefit Program. Employees eligible for State Disability benefits and sic
leave benefits for any portion of disability shall be required to make
application for both benefits. The State Disability benefits shall be returned
to the County to be credited to the employee's sick leave balance on the
following basis:
1. Integration with State Disability is automatic and cannot be
waived.
2. The amount credited 'to the employee' s sick leave balance shall be
converted to sick leave hours by dividing the amount received from
State Disability Insurance by the employee's straight time hourly
rate, at the time of payment, as determined by the appropriate
salary schedule for the employee's class of employment.
3. If the employee is eligible for State Disability Insurance
benefits, application must be made and the benefits returned to the
County for sick leave credits so that the principle of integration
is completed.
4. In the event an employee is not eligible for sick leave credits
from the County, there will be no integration and the employee
shall not return State Disability Insurance benefits to the County.
5. In the event an employee receives sick leave benefits for a portion
of the disability period, State Disability benefits must be
utilized to restore only those sick leave hours used during the
period of disability.
6. Restoration of sick leave balances shall be rounded to the nearest
one-half (1/2) hour.
7. In no instance will an employee be allowed to "purchase" sick leave
not accrued.
8. The County will provide separate accounting for the "purchase" sick
leave to insure that State Disability Insurance Benefits are not
taxable.
14.10 State Disability Insurance. The County shall establish a Disability
Insurance Review Committee consisting of one representative from each employee
organization and four (4) management representatives to review and recommend to
the Director of Personnel the feasability of implementing a self-funded and
self-administered disability insurance program.
Section 15 - Leave of Absence
15.1 Leave Without Pay. Any employee who has permanent status in the
classified service may be granted a leave of absence without pay upon written
request, approved by the appointing authority; provided, however, that leaves
for pregnancy shall be granted in accordance with applicable state and federal
law.
00107
32
Requests for leave without pay shall be made upon forms prescribed by the
Director of Personnel and shall state specifically the reason for the request,
the date when it is desired to begin the leave and the probable date of .return.
A. Leave without pay may be granted for any of the following reasons:
1. Illness or disability;
2. pregnancy;
3. to take a course of study such as will increase the
employee's usefulness on return to the employee's
position;
4. for other reasons or circumstances acceptable to the
appointing authority.
A leave without pay may be for a period not to exceed one (1) year, provided the
appointing authority may extend such leave for additional periods. Procedure in
granting extensions shall be the same as that in granting the original leave,
provided that the request for extension must be made not later than thirty (30)
calendar days before the expiration of the original leave.
Whenever an employee who has been granted a leave without any pay desires to
return before the expiration of such leave, the employee shall so request of the
appointing authority in writing at least fifteen (15) days in advance of the
return for approval by the appointing authority. The Personnel Department shall
be notified promptly of such return.
Except with respect to leave due to pregnancy, illness or disability, the
decision of the appointing authority on granting or denying a leave of absence
shall be subject to appeal to the Director of Personnel and not subject to
appeal through the grievance procedure set forth in Section 23 of this
Memorandum of Understanding.
15.2 Military Leave. Any employee in the merit system and who is required
to serve as a member of the State Militia or the United States Army, Navy, Air
Force, Marine Corps, Coast Guard or any division thereof shall be granted a
military leave for the period of such service, plus ninety (90) days. An
employee who volunteers for such service shall be granted a leave of absence if
necessary in accordance with applicable state or federal laws. Upon the
termination of such service or upon honorable discharge, the employee shall be
entitled to return to the employee' s position in the classified service provided
such still exists .and the employee is otherwise qualified, without any loss of
standing of any kind whatsoever.
An employee who has been granted a military leave shall not, by reason of such
absence, suffer any loss of vacation, holiday, or sick leave privileges which
may be accrued at the time of such leave, nor shall the employee be prejudiced
thereby with reference to salary adjustments or continuation of employment. For
purposes of determining eligibility for salary adjustments or seniority in case
of layoff or promotional examination, time on military leave shall be considered
as time in County service.
Any employee who has been granted a military leave, may upon return, be required
to furnish such evidence of performance of military service or of honorable O Q,I N
discharge as the Director of Personnel may deem necessary.
33
15.3 Leave of Absence Replacement. Any permanent employee in the merit
system who requests reinstatement to the classification held by the employee in
the same department at the time the employee was granted a leave of .absence,
shall be reinstated to that classification and department.
In case of severance from service by reason of the reinstatement of a permanent
employee, the provisions of Section 11 - Layoff and Seniority shall apply.
15.4 Salary-Review While on Leave of Absence. The salary of an employee
who is on leave of absence from a County position on any anniversary date shall
be reviewed on the anniversary date. The approval .or denial of an increment
will be at the discretion of the appointing authority. Employees on military
leave shall receive salary increments that may accrue to them during the period
of military leave.
15.5 Unauthorized Absence. An unauthorized absence from the work site or
failure to report for duty after a leave request has been disapproved, revoked,
or cancelled by the appointing authority, or at the expiration of a leave shall
be without pay. Such absence may also be grounds for disciplinary action.
Section 16 - Jury Duty and Witness Duty
16.1 Jury Duty. If called for jury duty in a Municipal , Superior, or
Federal Court, or for a Coroner' s jury, employees may remain in their regular
pay status, or they may take vacation leave or leave without pay and retain all
fees and expenses paid to them.
If an employee is called for jury duty and elects to remain in a regular pay
status and waive all fees (other than mileage allowances) received, the employee
shall obtain from the Clerk or Jury Commissioner a certificate which shall
indicate the days attended and the fact that fees other than mileage are waived.
The employee shall furnish the court certificate to the employee' s department,
which shall be retained as a department record. When serving jury duty in a
federal court, an employee shall return all fees (other than mileage allowance)
received to the County.
When an employee is called for jury duty and elects to retain all fees, the
employee must take vacation leave or leave without pay. No court certificate is
required in this instance.
Employees shall advise their department as soon as possible if scheduled to
appear for jury duty.
Permanent intermittent employees are entitled paid jury duty leave only for
those days on which they were previously scheduled to work.
16.2 Witness Duty. Employees called upon as a witness or an expert witness
in a case arising in the course of their work or the work of another department
may remain in their regular pay status and turn over to the County all fees and
expenses paid to them other than mileage allowance or they may take vacation
leave or leave without pay and retain all fees and expenses.
001 AQ
34
Employees called to serve as witnesses in private cases or personal matters.
(e.g. , accident suits and family relations) shall take vacation leave or leave
without pay and retain all witness fees paid to them.
Retention or waiver of fees shall be governed by the same provisions as apply to
jury duty as set forth in Section 16 of this Memorandum of Understanding.
Employees shall advise their department as soon as possible ' if scheduled to
appear for witness duty. Permanent intermittent employees are entitled to paid
witness duty only for those days on which they were previously scheduled to
work.
Section 17 Health and Welfare, Life and Dental Care
17.1 The County will continue the existing County Group Health Plan program
of medical , dental and life insurance coverage through California Dental
Service, Safeguard, Aetna Life insurance and the medical insurance options of
Kaiser-Permanente Foundation, Blue Cross of Northern California, the Contra
Costa County Health Plan, I .P.M. and H.E.A.L.S. Health Plan to all full-time and
part-time permanent employees regularly scheduled to work sixteen (16) or more
hours per week .
17.2 During the term of this Memorandum of Understanding, the County
intends to seek alternatives to the Blue Cross Medical Plan by requesting that
health care companies submit bids on the cost of furnishing identical or similar
benefits as are provided under the Blue Cross Plan. The Association will be
given an opportunity to meet and confer on the coverage afforded under such
substitute plans before they are implemented.
The County will contribute up to the following monthly amounts toward the
existing County Group Health Plan Program.
.35 00 11(
Rates Effective August 1, 1983 to July 31, 1984
Plan Medical Only Medical/CDS Medical/Safeguard Dental Only
BLUE S $ 80.00 $ 88.06 $ 88.06 See Below
CROSS
F $131.32 $154.01 $154.01
CONTRA S $ 53.61 $ 64.50 $ 63.25
COSTA
HEALTH F $131.32 $137.31 $137.31
PLAN
HEALS S $ 68.00 $ 75.30 $ 75.30
F $131.32 $142.60 $142.60
IPM S $ 56.05 $ 62.63 $ 62.63
F $131.32 $140.00 $140.00
KAISER S $ 56.58 $ 64.98 $ 64.98
F $131.32 $139.05 $139.05
CDS S $14.81
F $31.97
SAFEGUARD S $10.87
F $21.21
Effective August 1, 1984, the County shall contribute an additio.nal amount
necessary to cover any increase in premium in the above health plans to a
maximum of nine dollars ($9.00) per month for a single subscriber and eighteen
dollars ($18.00) per month for a subscriber with dependents.
Corresponding Medicare rates for employees. covered under this Memorandum of
Understanding shall be as follows: for Employee Only on Medicare by taking the
Employee Only rate for the option selected and subtracting the monthly Part B
Medicare premium withheld from Social Security payments for one enrollee; for
Employee and Dependent(s) with one member on Medicare by taking the Employee and
Dependent(s) rate for the option selected and subtracting the monthly Part B
Medicare premium withheld from Social Security payments for one enrollee; for
Employee and Dependent(s) with two members on Medicare by taking the Employee
and Dependent(s) rate for the option selected and subtracting the monthly Part B
Medicare premium withheld from Social Security payments for two enrollees;
provided, however, that the minimum employee health plan contribution will be
$1.00 per month.
The County' s contribution to the Health Plan premium is payable for any month in
which the employee is paid. If an employee is not paid enough compensation in a
month to pay the employee share of the premium, the employee must make up the
36
00111
difference by remitting the amount delinquent to the Auditor-Controller. The
responsibility for this payment rests with the employee. If payment is not
made, the employee shall be dropped from the Health Plan. An employee is thus
covered by the Health Plan for the month in which compensation is paid.
An employee who is on approved leave of absence may convert to individual Health
Plan coverage within thirty (30) days of the commencement of leave.
Employees shall be allowed to maintain their Health Plan coverage at the County
group rate for twelve (12) months . if on approved leave of absence provided that
the employee shall pay the entire premium ( i.e. both employer and employee
share) for the Health Plan during said leave. Said payment shall be made by the
employee at the time and place specified by the County. Late payment shall ,
result in cancellation of Health Plan coverage.
An employee who terminates County employment who has earned compensation for.
actual time worked or is credited for time worked through vacation or sick leave
accruals, is only covered through the month in which he/she is credited with
compensation. An employee who terminates County employment may convert to
individual Health Plan coverage.
Upon retirement, employees may remain in the same County group medical plan if
immedately before their retirement they are either active subscribers to one of
the County Group Medical Plans or if on authorized leave of absence without pay
they have retained individual conversion membership from one of the County
plans.
If a husband and wife both work for the County and one of them is laid off, the
remaining eligible shall be allowed to enroll or transfer into the health
coverage combination of his/her choice.
An eligible employee who is no longer covered for medical or dental coverage
through a spouse' s coverage shall be allowed to enroll or tranfer into the
,health coverage combination of his/her choice within thirty (30) days of the
date coverage is no longer afforded under the spouse' s plan.
Section 18 - Probationary Period
18.1 Duration. All appointments from officially promulgated employment
lists for original entrance or promotion shall be subject to a probationary
period. This period shall be from six (6) months to two (2) years duration.
18.2 Listed below are those classes represented by the Association which
have probation periods in excess of six (6) months.
None
13.3 When the probationary period for a class is changed, only new
appointees to positions in the classification shall be subject to the revised
probationary period.
18.4 The probationary period shall commence from the date of appointment.
37
00112
It shall not include time served in provisional or temporary appointments or any
period of continuous absence exceeding fifteen (15) calendar days except as
otherwise provided by law. For those employees appointed to permanent-
intermittent positions with a six (6) months probation period, probation will be
considered completed upon serving one-thousand (1,000) hours after appointment
except that in no instance will this period be less than six (6) calendar months
from the beginning of probation. If a permanent-intermittent probationary
employee is reassigned to full-time, credit toward probation completion in the
full-time position shall be prorated on the basis of one hundred seventy-three
(173) hours per month. For employees appointed to permanent part-time positions .
with a six (6) month probation period, probation will be considered completed
after serving six (6) months in the permanent part-time position.
18.5 Rejection During Probation. An employee who is rejected during the
probation period and restored to the eligible list shall begin a new
probationary period if subsequently certified and appointed.
A. Appeal from rejection. Notwithstandin any other provisions of
this section, an employee (probationer} shall have the right to
appeal from any rejection during the probationary period based on
political , or religious or union activities, or race, color,
national origin, sex, age, handicap, or sexual orientation.
B. The appeal must be written, must be signed by the employee and set
forth in facts by which it is claimed that grounds for appeal exist
under Subsection A and must be filed through the Director of
Personnel to the Merit Board by 5:00 p.m on the 7th calendar day
after the date of delivery to the employee of notice of rejection.
C. The Merit Board shall consider the appeal , and if it finds probable
cause to believe that the rejection may have been based on grounds
prohibited in Subsection A, it may refer the matter to a Hearing
Officer for hearing, recommended findings of fact, conclusions of
law and decision, pursuant to the relevant provisions of the Merit
Board rules in which proceedings the rejected probationer has the
burden of proof.
D. If the Merit Board finds no probable cause for a hearing, it shall
deny the appeal . If, after hearing, the Merit Board upholds the
appeal , it shall direct that the appellant shall begin a new
probationary period unless the Merit Board specifically reinstates
the former period.
18.6 Regular Appointment. The regular appointment of a probationary
employee shall begin on the day following the end of the probationary period,
subject to the condition that the Director of Personnel receive from the
appointing authority a statement in writing that the services of the employee
during the probationary period were satisfactory and that the employee is
recommended for permanent appointment. A probationary employee may be rejected
at any time during the probation period without regard to the Skelly provision
of this Memorandum of Understanding, without notice and without right of appeal
or hearing. If the appointing authority has not returned the probation report,
38 00
a probationary employee may be rejected from the service within a reasonable
time after the probation period for failure to pass probation. If the
appointing authority fails to submit in a timely manner the proper written
documents certifying that a probationary employee has served in a satisfactory
manner and later acknowledges it was his or her intention to do so, the regular
appointment shall begin on the day following the end of the probationary period..
Notwith-standing any other provisions of the Memorandum of Understanding, an
employee rejected during the probation period from a position in the Merit
System to which the employee had been promoted or transferred from an eligible
list, shall be restored to a position in the department from which the employee
was promoted or transferred.
An employee dismissed for other than disciplinary reasons within six (6) months
after being promoted or transferred from a position in the Merit System to a
position not included in the Merit System shall be restored to a position in the
classification in the department from which the employee was promoted or
transferred.
A probationary employee who has been rejected or has resigned during probation
shall not be restored to the eligible list from which the employee was certified
unless the employee receives the affirmative recommendation from the appointing
authority and is certified by the Director of Personnel whose decision is final .
The Director of Personnel shall not certify the name of a person restored to the
eligible list to the same appointing authority by whom the person was rejected
from the same eligible list, unless such certification is requested in writing
by the appointing authority.
18.7 Layoff During Probation. An employee who is laid off during
probation, if reemployed in the same class by the same department, shall be
required to
complete only the balance of the required probation.
If reemployed in another department. or in another classification, the employee
shall serve a full probationary period. An employee appointed to a permanent
position from a layoff or reemployment list is subject to a probation period if
the position is in a department other than the department from which the
employee separated, displaced, or voluntarily demoted in lieu of layoff. An
appointment from a layoff or reemployment list is not subject to a probation
period if the position is in the department from which the employee separated,
displaced or voluntarily demoted in lieu of layoff.
18.8 Rejection During Probation of Layoff Employee. An employee who has
achieved permanent status in the class before layoff and who subsequently is
appointed from the layoff list and then rejected during the probation period
shall be automatically restored to the layoff list, unless discharged for cause,
if the person is within the period of layoff eligibility. The employee shall
begin a new probation period if subsequently certified and appointed in a
different department or classification than that from which the employee was
laid off.
39 00114
Section 19 - Promotion
19.1 Promotion shall be by competitive examination unless otherwise
provided in this Memorandum of Understanding.
19.2 Promotion Policy. The Director of Personnel , upon request of an
appointing authority, shall determine whether an examination is to be called on
a promotional basis.
19.3 Promotion via Reclassification without Examination. Notwithstanding
other provisions of this Section, an employee may be promoted from one
classification to a higher classification and his/her position reclassified at
the request of the appointing authority and under the following conditions :
A. An evaluation of the position(s) in question must show that the
duties and responsibilities have significantly increased and
constitute a higher level of work.
B. The incumbent of the position must have performed at the higher
level for one (1) year.
C. The incumbent must meet the minimum education and experience
requirements for the higher class.
D. The action must have approval of the Director of Personnel .
E. The Association approves such action.
The appropriate rules regarding probationary status and salary on promotion are
applicable.
19.4 Requirements for Promotional Standing. In order to qualify for an
examination called on a promotional basis, an employee must have probationary or
permanent status in the merit system and must possess the minimum qualifications
for the class. Applicants will be admitted to promotional examinations only if
the requirements are met on or before the final filing date. If an employee who
is qualified on a promotional employment list is separated from the merit
system, except by layoff, the employee' s name shall be removed from the
promotional list.
19.5 Seniority Credits. Employees who have qualified to take promotional
examinations and who have earned a total score, not including seniority credits,
of seventy (70) percent or more, shall receive, in addition to all other
credits, five one-hundredths ( .05) of one percent for each completed month of
service as a permanent County employee continuously preceding the final date for
filing application for said examination. For purposes of seniority credits,
leaves of absence shall be considered as service. Seniority credits shall be
included in the final percentage score from which the rank on the promotional
list is determined. No employee, however, shall receive more than a total of
five (5) percent credit for seniority in any promotional examination.
19.6 County employees who are required as part of the promotional
examination process to take a physical examination shall do so on County time at
County expense.
40 ®®1
Section 20 - Transfer
20.1 The following conditions are required in order to qualify for
transfer:
A. The position shall be in the same class, or if in a different class
shall have been determined by the Director of Personnel to be
appropriate for transfer on the basis of minimum qualifications and
qualifying procedure;
B. the employee shall have permanent status in. the merit system and
shall be in good standing;
C. the appointing authority or authorities involved in the transaction
shall have indicated their agreement in writing;
D. the employee concerned shall have indicated agreement to the change
in writing;
E. the Director of Personnel shall have approved the change.
Notwithstanding the foregoing, transfer may also be accomplished
through the regular appointment procedure provided that the
individual desiring transfer has eligibility on a list for a class
for which appointment is being considered.
20.2 Any employee or appointing authority who desires to initiate a
transfer may inform the Director of Personnel in writing of such desire stating
the reasons therefor. If the Director of Personnel considers that the reasons
are adequate and that the transfer will be for the good of the County service
and the parties involved, the Director of Personnel shall inform the appointing
authority or authorities concerned and the employee of the proposal and may take
the initiative in accomplishing the transfer.
20.3 Bid Procedure. Permanent employees may bid on open jobs in the same
classification throughout the Health Services Department. .All open jobs will be
offered to presently assigned permanent employees for bid. The following
procedures shall apply:
A. Responsibility. Implementation of the bidding procedure is the
overall responsibility of the Director of Nursing for hospital
positions and the Director of Public Health Nursing for Public
Health positions.
B. Job Notices Posted Five 5 Das Only. Open job notices shall be
posted for five 5 calendar days. The notice shall specify all
job factors and shall be posted only once. If there are no
bidders, the department head may fill the position by using the
Merit System eligible list or by making internal reassignments.
C. All Open Jobs Must be Posted. All job openings which may occur by
creation of new jobs, separation, promotion, demotion or
reassignment must be posted for permanent employee bidding.
41
00116
D. Who May Bid? All permanent full-time, permanent part-time and
permanent intermittent employees in the Health Services Department
may bid on any open permanent position in the same classification,
anywhere else in the Health Services Department including Public
Health.
E. Who May Not Bid? Employees who are in a temporary or provisional
position and employees still on probation in a permanent position.
F. Bidder Selection. The Director of Nursing, Director of Public
Health Nursing or designee ( i .e. Assistant _ Director of Nursing,.
Supervising Nurse, or Supervising Public Health Nurse I or II)
shall interview each employee submitting a bid and select the
person to fill the position they deem most qualified by virtue of
education, training, experience and presentation in the interview.
In the event two or more bidders are equally well qualified, the
position will be filled by the most senior employee submitting a
bid. In all cases, the person selected must possess the minimum
qualifications (as described in the job specification) for the
skill level of the position they are selected to fill (i .e.
trainee, entry, experienced, advanced, etc.) .
G. No Old Job Claim. The selected bidder shall have no claim on the
job that the selected bidder left. If the decision is made by
either the supervisor or the employee to seek immediate
reassignment the employee must take another open job (not bid on) .
The old job may not be reclaimed because the employee once held it.
H. Minimum Job Time - 3 Months. Employees must have had three 3
months in their reassigned position before they may bid on another
open position. Time period begins the date they begin working in
the new assignment.
I . Bidding While on Leave. Employees interested in a particular
assignment and wishing to be notified of an open position while on
vacation, sick leave, or leave of absence (not day off) may leave a
bid form or a self-addressed, stamped envelope with the Director of
Nursing or Director of Public Health Nursing.
Section 21 - Resignations
An employee's voluntary termination of service is a resignation. Written
resignations shall be forwarded to the Personnel Department by the appointing
authority immediately on receipt, and shall indicate the effective date of
termination. Oral resignation shall be immediately confirmed by the appointing
authority in writing to the employee and to the .Personnel Department and shall
indicate the effective date of termination.
21.1 Resignation in Good Standin . A resignation giving the appointing
authority written notice at east-two 2) weeks in advance of the last date of
service (unless the appointing authority requires a longer period of notice, or
consents to the employee's terminating on shorter notice) is a resignation in
good standing.
42 0 0 ''
21.2 Constructive Resignation. A constructive resignation occurs and is
effective w en:
A. An employee has been absent from duty for ten (10) consecutive
working days without leave, and;
B. Ten (10) more consecutive days have elapsed without response by the
employee after the mailing of a notice of resignation by the
appointing authority to the employee at the employee's last known
address.
21.3 Effective Resignation. A resignation is effective when delivered or
spoken to the appointing authority, operative either on that date or another
date specified.
21.4 Revocation. A resignation that is effective is revocable only by
written concurrance of the employee and the appointing authority.
21.5 Coerced Resignations.
A. Time Limit._ A resignation which the employee believes has been
coerced by the appointing authority may be revoked within seven (7)
calendar days after its expression, by serving written notice on
the Director of Personnel and a copy on the appointing authority.
B. Reinstatement. If the appointing authority acknowledges that the
employee could have believed that the resignation was coerced, it
shall be revoked and the employee returned to duty effective on the
day following the appointing authority's acknowledgement without
loss of seniority or pay.
C. Contest. Unless, within seven (7) days of the receipt of the
notice, the appointing authority acknowledges that the resignation
could have been believed to be coerced, this question should be
handled as an appeal to the Merit Board. In the alternative, the
employee may file a written election with the Director of Personnel
waiving the employee's right of appeal to the Merit Board in favor
of the employee' s appeal rights under the grievance procedure
contained in Section 23 of the Memorandum of Understanding
beginning with Step C.
D. Disposition. If a final decision is rendered that determines that
the resignation was coerced, the resignation shall be deemed
revoked and the employee returned to duty effective on the day
following the decision but without loss of seniority or pay,
subject to the employee's duty to mitigate damages.
21.6 Eligibility for Reemployment List. Within one year of resignation in
good standing from County service, a person who has had permanent status which
included satisfactory completion of probation may make application by letter to
the Director of Personnel for placement on a reemployment list as follows: the
class from which the person resigned; or any one class of equal or lesser rank
43 0®11
in the occupational series and in which the person had previously attained
permanent status; or for any class or deep class which has replaced the class in
which the person previously had status, provided that the person meets the
minimum requirements for the new class. If the appointing authority of the
department from which the person resigned recommends reemployment, the Director
of Personnel shall grant reemployment privileges to the person. If the
appointing authority does not recommend reemployment, the employee may appeal to
the Director of Personnel . Consideration of names from a reemployment list is
mandatory if the appointing authority recommended reemployment of the
individual (s) listed but is optional for other appointing authorities.
Section 22 - Dismissal , Suspension and Demotion
22.1 The appointing authority may dismiss, suspend or demote any employee -
for cause. The following are sufficient causes for such action; the list is
indicative rather than inclusive of restrictions and dismissal , suspension or
demotion may be based on reasons other than those specifically mentioned:
1. absence without leave,
2. conviction of any criminal act involving moral turpitude,
3. conduct tending to bring the merit system into disrepute,
4. disorderly or immoral conduct,
5. incompetence or inefficiency,
6. insubordination,
7. being at work under the influence of liquor or drugs, carrying onto
the premises liquor or drugs or consuming or using liquor or drugs
during work hours and/or on County premises,
8. neglect of duty,
9. negligent or willful damage to public property or waste of public
supplies or equipment,
10. violation of any lawful or reasonable regulation or order given by
a supervisor or Department Head,
11. willful violation of any of the provisions of the merit system
ordinance or Personnel Management Regulations,
12. material and intentional misrepresentation or concealment of any
fact in connection with obtaining employment,
13. misappropriation of County funds or property,
14. unreasonable failure or refusal to undergo any physical , medical
and/or psychiatric exam and/or treatment authorized by this
Memorandum of Understanding,
15. dishonesty or theft,
16. excessive or unexcused absenteeism and/or tardiness,
17. sexual harassment, including but not limited to unwelcome sexual
advances, requests for sexual favors, and other verbal , or physical
conduct of a sexual nature, when such conduct has the purpose or
effect of affecting employment decisions concerning an individual ,
or unreasonably interfering with an individual 's work performance,
or creating an intimidating and hostile working environment.
22.2 Skelly Requirements. Before taking a disciplinary action to dismiss,
suspend, for more than five 5) work days (four (4) work days for employees on a
114-10" work week) , or demote an employee, the appointing authority shall cause
44 00119
to be served personally or by certified mail , on the employee, a Notice .of
Proposed Action, which shall contain the following:
A. A statement of the action proposed to be taken.
B. A copy of the charges including the acts or ommissions and grounds
upon which the action is based.
C. If it is claimed that the employee has violated a rule or
regulation of the County, department or district, a copy of said
rule shall be included with the notice.
D. A, statement that the employee may review and request copies of
materials upon which the proposed action is based.
E. A statement that the employee has seven (7) calendar days to
respond to the appointing authority either orally or in writing.
Employee Response. The employee upon whom a Notice of Proposed Action has been
served shall have seven (7) calendar days to respond to the appointing authority
either orally or in writing before the proposed action may be taken. Upon
request of the employee and for good cause, the appointing authority may extend
in writing the period to respond. If the employee's response is not filed
within seven (7) days or during any extension, the right to response is lost.
22.3 Leave Pending Employee Response. Pending response to a Notice of
Proposed Action within the first seven (7) days or extension thereof, the
appointing authority for cause specified in writing may place the employee on
temporary leave of absence with pay.
22.4 Suspensions without pay shall not exceed thirty (30) days unless
ordered by an arbitrator, an adjustment board or Merit Board. The thirty (30)
day limit does not apply to suspension due. to pending criminal charges as
provided in 22.5 below.
22.5 Notice of Suspension Without Pay Due Pending Criminal Charges. Before
suspending an employee due to pending criminal charges, the appointing authority
shall cause to be served either personally or by certified mail , on the employee
a Notice of Suspension Due to Pending Criminal Charges, which shall contain the
following:
A. A statement that the employee is suspended while criminal charges
are pending or until the charges are dismissed.
B. A statement of the charges upon which the suspension is based and
of the facts by which such charges adversely affect the County
service or conflict with continued employment.
C. A statement that the employee may respond to the appointing
authority either orally or in writing within seven (7) calendar
days.
45 0020 .
D. A statement that disciplinary action may be taken after disposition
of the charges.
E. The Notice of Suspension Due to Pending Criminal Charges may
include a Notice of Proposed Action (Skelly Notice) under Section
22.2.
F. An appointing authority, upon giving notice as provided in this
Section 22, may immediately suspend without pay an employee against
whom there is pending a criminal charge which adversely affects the
County service or conflicts _ with continued . employment. Pending
criminal charges exist when an employee has been arrested or has
been named a defendent in a criminal complaint or indictment filed
in any court.
G. The Director of Personnel may order lost pay restored for good
cause, and subject to the employee's duty to mitigate damages, but
not if the employee 1) is given a Notice of Proposed Action
(Skelly Notice) and 2) is dismissed or otherwise disciplined for
cause directly related to the charges within fourteen (14) calendar
days after the appointing authority has knowledge of final
disposition of the charges.
22.6 Procedure on Dismissal , Suspension or Disciplinary Demotion.
A. In any disciplinary action to dismiss, suspend, or demote an
employee having permanent status in a position in the merit system,
after having complied with the Skelly requirements where
applicable, the appointing authority shall make an order in writing
stating specifically the causes for the action.
B. Service of Order. Said order of dismissal , suspension, or demotion
shall be filed with the Director of Personnel , showing by whom and
the date a copy was served upon the employee to be dismissed,
suspended or demoted, either personally or by certified mail to the
employee's last known mailing address. The order shall be
effective either upon personal service or deposit in the U. S.
Postal Service.
C. Employee Appeals from Order. The employee may appeal an order of
dismissal , suspension or demotion either to the Merit Board or
through the procedures of Section 23 - Grievance Procedure of this
Memorandum of Understanding provided that such appeal is filed in
writing with the Director of Personnel within ten (10) calendar
days after service of said order. ' An employee may not both appeal
to the Merit Board and file a grievance under Section 23 of this
Memorandum of Understanding.
46 00.121
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Section 23 - Grievance Procedure
23.1 A grievance is any dispute which involves the interpretation or
application of any provision of this Memorandum of Understanding excluding,
however, those provisions of this Memorandum of Understanding which specifically
provide that the decision of any County official shall be final , the interpre-
tation or application of those provisions not being subject to the grievance
procedure. The Association may represent the employee at any stage of the
process. Grievances must be filed within thirty (30) days of the incident or
occurance about which the employee claims to have a grievance and shall be
processed in the following manner:
A. Step 1. Any employee or group of employees who believes that a
provision of this Memorandum of Understanding has been misin-
terpreted or misapplied to his or her detriment shall discuss the
complaint with the employees immediate supervisor, who shall meet
with the employee within five (5) days of receipt of a written
request to hold such meeting.
B. Step 2. If a grievance is not satisfactorily resolved in Step 1
above, the employee may submit the grievance in writing within ten
(10) work days to such management official as the Department Head
may designate. This formal written grievance shall state which
provision of the Memorandum of Understanding has been
misinterpreted or misapplied, how misapplication or
misinterpretation has affected the employee to the employee's
detriment, and the redress the employee seeks. A copy of each
written communication on a grievance shall be filed with the
Director of Personnel . The Department Head or his or her designee
shall have ten (10) work days in which to respond to the grievance
in writing.
C. Step 3. If a grievance is not satisfactorily resolved in Step 2
above, the employee may appeal in writing within seven (7) work
days to the Director of Personnel . The Director of Personnel or
designee shall have twenty (20) work days in which to investigate
the merit of the complaint and to meet with the Department Head and
the employee and attempt to settle the grievance and respond in
writing.
D. Step 4. No grievance may be processed under this Section which has
not first been filed and investigated in accordance with Paragraph
C above and filed within 7 work days of the written response of the
Director of Personnel or designee. If the parties are unable to
reach a mutually satisfactory accord on any grievance which arises
and is presented during the term of this Memorandum of Understand-
ing, such grievance shall be submitted in writing to an Adjustment
Board comprised of three (3) Association representatives,
no more than two (2) of whom shall be either an employee of the
County or an elected or appointed official of the Association
presenting this grievance, and three (3) representatives of the
County, no more than two (2) of whom shall be either an employee of
47 00122
s �
the County or a member of the staff of an organization employed to
represent the County in the meeting and conferring process. The
Adjustment Board shall meet and render a decision within twenty
(20) work days of receipt of the written request._
E. Step 5. If an Adjustment Board is unable to arrive at a majority
decision either the employee (or the County, when alleging a
violation of Section 23.5 below) may require that the grievance be
referred to an impartial arbitrator who shall be designated by
mutual agreement between the employee and the Director of
Personnel .
Such request shall be submitted within twenty (20) work days of the
rendering of the Adjustment Board decision. Within twenty (20) days
of the request for arbitration the parties shall mutually select an
arbitrator. The fees and expenses of the arbitrator and of the _
Court Reporter shall be shared equally by the employee and the
County. Each party, however, shall bear the costs of its own
presentation, including preparation and post hearing briefs, if
any.
F. The following arbitrators have been agreed to:
Bonnie Bogue Jerillu Cossack-Twohey
Barbara Chvany Harvey Letter
Joe Henderson Donald Wollett
23.2 Scope of Adjustment Board and Arbitration Decisions.
A. Decisions of Adjustment Boards and arbitrators on matters properly
before them shall be final and binding on the parties hereto, to
the extent permitted by law.
B. No adjustment Board and no arbitrator shall entertain, hear, decide
or make recommendations on any dispute unless such dispute involves
a position in a unit represented by the Association which has been
certified as the recognized employee organization for such unit and
under such dispute falls within the definition of a grievance as
set forth in Subsection 23.1 above.
C. Proposals to add to or change this Memorandum of Understanding or
to change written agreements supplementary hereto shall not be
arbitrable and no proposal to modify, amend, or terminate this
Memorandum of Understanding, nor any matter or subject arising out
of or in connection with such proposals, may be referred to
arbitration under this Section. Neither any Adjustment Board nor
any arbitrator shall have the power to amend or modify this
Memorandum of Understanding or written agreements supplementary
hereto or to establish any new terms or conditions of employment.
D. If the Director of Personnel in pursuance of the procedures
outlined in Subsection 23.1 (C) above, or the Adjustment Board in
48 00123
pursuance of the provisions of Subsection 23.1 (D) above resolve a .
grievance which involves suspension or discharge, they may agree' to ,
payment for lost time or to reinstatement with or without payment
for lost time.
23.3 The time limits specified above may be waived by mutual agreement of
the parties to the grievance. If the County fails to meet the time limits
specified in Steps 1 through 3 above, the grievance will automatically move to
the next step. If a grievant fails to meet the time limits specified in Steps 1
through 5 above, the grievance will be deemed to have been settled and
withdrawn.
23.4 An official , with whom a formal grievance is filed by a grievant who
is included in a unit represented by the Association, but is not represented by
the Association in the grievance, shall give the Association a copy of the
formal presentation.
23.5 Compensation Complaints. All complaints involving or concerning the
payment of compensation shall be initially filed in writing with the Director of
Personnel . Only complaints which allege that employees are not being
compensated in accordance with the provisions of this Memorandum of
Understanding shall be considered as grievances. Any other matters of
compensation are to be resolved in the meeting and conferring process, if not
detailed in the Memorandum of Understanding which results from such meeting and
conferring process shall be deemed withdrawn until the meeting and conferring
process' is next opened for such discussion. No adjustment shall be retroactive
for more than six (6) months from the date upon which the complaint was filed.
No change in this Memorandum of Understanding or interpretations thereof (except
interpretations resulting from Adjustment Board or arbitration proceedings
hereunder) will be recognized unless agreed to by the County and the
Association.
23.6 No Strike. During the term of this Memorandum of Understanding, the
Association, its members and representatives, agree that it and they will not
engage in, authorize, sanction, or support any strike, slowdown, stoppage of
work, sickout, or refusal to perform customary duties.
In the case of a legally declared lawful strike against a private or public
sector employer which has been sanctioned and approved by the labor body or
council having jurisdiction, an employee who is in danger of physical harm shall
not be required to cross the picket line, provided the employee advises his or
her supervisor as soon as possible, and provided further that an employee may be
required to cross a picket line where the performance of his or her duties is of
an emergency nature and/or failure to perform such duties might cause or
aggravate a danger to public health or safety.
23.7 Merit Board.
A. All Grievances of employees in representation units represented by
the Association shall be processed under .Section 23 unless the
employee elects to apply to the Merit Board on matters within its
jurisdiction.
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49
B. No action under Paragraph C, D and E of Subsection 23.1 above shall
be taken if action on the complaint or grievance has been taken by
the Merit Board, or if the complaint or grievance is pending before
the Merit Board.
23.8 The Association may file a grievance at Step 3 on behalf of affected
employees when action by the County Administrator or the Board of .Supervisors
violates a provision of this Memorandum of Understanding.
Section 24 - Bilingual Pay
A salary differential of thirty-five ($35.00) per month shall be pai.d incumbents
of positions requiring bilingual proficiency as designated by the appointing
authority and Director of Personnel . Said differential shall be prorated for
employees working less than full-time and/or who are on an unpaid leave of
absence for a portion of any given month. Designation of positions for which
bilingual proficiency is required is the sole prerogative of the County.
Section 25 - Retirement Contribution
Pursuant to Government Code Section 31581.1, the County will continue to pay
fifty (50) percent of the retirement contributions normally required of
employees. Such payments shall continue for the duration of this Memorandum of
Understanding, and shall terminate thereafter. Employees shall be . responsible
for payment of the employees ' contribution for the retirement cost of living
program as determined by the Board of Retirement of the Contra Costa County
Employees ' Retirement Association without the County paying any part of the
employees share. The County will pay the remaining one-half (1/2) of the
retirement cost-of-living program contribution.
Section 26 - Training Reimbursement
The County Administrative Bulletin on Training shall govern reimbursement for
training and shall continue to limit reimbursement for career development
training to $200 per semester or $150 per quarter, not to exceed $600 per year.
Continuing education shall continue to be administered under the Administrative
Bulletin on Training and of the $600 per year, $150 may be applied to continuing
education courses.
Section 27 - Education Leave
Each regular full-time employee, except employees in the classification of
Registered Nurse with one '1) or more years of service shall be entitled to five
(5) days leave with pay each year to attend accredited continuing education
courses, institutions, workshops, or classes. Employees in the classification
of Family Nurse Practitioner with one (1) or more years of County service shall
be entitled to eight (8) days leave with pay each year to attend accredited
continuing education courses, institutions, workshops or classes. Written
requests for such leave must be submitted in advance and may be denied only in
the event such leave interferes with staffing.
50 00125
o \J
The leave is accumulative from year-to-year if, 1) it is applied for and
denied, 2) it is applied for this year for a course next year, or 3) if it is
applied for to anticipate taking a specific course of more than five (5) days
duration. The maximum leave available in any fiscal year may not exceed twice
what may be accrued in any one (1) fiscal year.
Notwithstanding the above three conditions, employees may on request carry over
into the next fiscal year one half of their continuing education leave.
The leave hereinabove defined shall not apply to those courses or programs the
employee is required by the County to attend.
A Registered Nurse assigned to the night shift, who attends a continuing
education course of eight (8) hours duration outside scheduled worktime, may
receive educational leave pay for the actual course time and may be excused from
the night shift immediately preceding or following the course attended.
When an employee covered by this agreement separates from County service, any
unused educational leave shall be cancelled.
Permanent part-time registered nurses shall be entitled to educational leave on
a pro-rated basis.
Section 28 - Classification
Existing classes of positions may be abolished or changed and new classes may be
added to the classification plan by the Director of Personnel subject to
approval by the Board of Supervisors. The County will meet and confer with the
Association on the minimum qualifications and salary of new classes.
If the County wishes to add duties to classes represented by the Association,
the Association shall be notified and upon request of the Association,
representatives of the County will meet and consult with the Association over
such duties.
Section 29 - Safety
The County shall expend every effort to see to it that the work performed under
the terms and conditions of this Memorandum of Understanding is performed with a
maximum degree of safety consistent with the requirement to conduct efficient
operations.
Section 30 - Mileage
Mileage allowance for the use of personal vehicles on County business shall be
paid according to the following per month formula:
1 - 400 miles $ .23 per mile
401 - plus miles .17 per mile
The above rates shall be adjusted to reflect an increase or decrease in the cost
of gasoline which shall be determined as provided below on the basis of the
51 00126
average price for "gasoline, all types" per gallon as listed in Table 5,
"Gasoline Average Prices per gallon, U.S. City Average and Selected Areas" for
the San Francisco-Oakland California area published by the Bureau of Labor
Statistics, U. S. Department of Labor, hereinafter referred to as the ,"Energy
Report".
The above mileage rates shall be increased or decreased by one cent (1f) for
each fifteen cents (15it) increase or decrease in the base price for gasoline
which shall be defined as the average price of gasoline per gallon for July,
1979 as published in the Energy Report. Any such rate increase or decrease
shall be effective the first of the month following publication of. the index.
The above formula rates include price increases reported since July 1979. The
mileage rate increase or decrease based on the Energy Report shall be contingent
upon the continued availability of the official monthly Energy Report in its
present form and calculated on the same basis unless otherwise agreed upon by
the parties.
Section 31 - Pay Warrant Errors
31.1 If an employee receives a pay warrant which has an error in the amount
of compensation to be received and if this error occurred as a result of a
mistake by the Auditor-Controller's Department, it is the policy of the
Auditor-Controller's Department that the error will be corrected and a new
warrant issued within forty-eight (48) hours, exclusive of Saturdays, Sundays
and holidays from the time the Department is made award of a verifies that the
pay warrant is in error.
31.2 Pay errors discovered by the County on or after May 1, 1984 found in
employee pay shall be corrected as soon as possible as to current pay rate but
that no recovery of either overpayments or underpayments to an employee shall be
made retroactively except for the six (6) month period immediately preceding
discovery of the pay error. This provision shall apply regardless of whether
the error was made by the employee, the appointing authority or designee, the
director of personnel or designee, or the auditor/controller or designee.
Discovery of fraudulently accrued over or underpayments are excluded from this
section for both parties.
Section 32 - Detention Facility Differential
Employees who work in the County Detention Facility shall receive a differential
per hour worked at a premium of five (5) percent of the hourly equivalent of the
base rate; provided, however, that in the event the conditions in the Detention
Facility are improved so that hazardous conditions no longer exist, such
differential will no longer be applicable.
Section 33 - Critical Care Unit
A permanent Registered Nurse permanently assigned to the Critical Care Unit who
possesses a Coronary Care Certificate issued by the American Heart Association
or its equivalent approved by the Health Services Department and whose duties
necessitate use of the Coronary Care Certificate skills shall be compensated at
52 00127
the Specialized Skill/Charge level . This provision shall apply to Registered
Nurses regularly assigned to the coronary care unit and shall not apply to
Registered Nurses assigned on a relief basis.
Section 34 - Joint Management - Professional Performance Committee Meeting
The Professional Performance Committee(s) may request to meet with Health
Services Department management regarding specific issues by submitting a. request
for such a meeting to the Director of Nursing or Director of Public Health
Nursing, which ever is appropriate. The request shall contain a statement of
the issue or recommendation to be discussed and those members of the
Professional Performance Committee who wish to attend. The Director of Nursing
or Director of Public Health Nursing shall review the request and invite other
appropriate managers and arrange the meeting with the Professional Performance
Committee or respond with a statement as to why the meeting is not necessary and
what actions have been taken to deal with issue.
Section 35 - Professional Performance Committee
35.1 There shall be a single Health Service Performance Committee which
shall consist of two subcommittees; one for inpatient nurses and one for
outpatient nurses.
The Committee(s) may consider and discuss issues and subject matters of their
own selection which are related to patient care and nursing practice. The
Committee(s) may also formulate advisory recommendations and proposals
concerning such matters. The committee(s) shall not discuss economic matters,
such as wages, hours and other economic conditions which may be subject to meet
and confer.
35.2 The inpatient subcommittee may schedule one (1) regular meeting each
month during working hours which shall be scheduled to conflict as little as
possible with nursing services. The County will release from duty no more than
three (3) Registered Nurses assigned to the day shift, two (2) Registered Nurses
assigned to the evening shift and one (1) Registered Nurse assigned to the
graveyard shift for a period not to exceed two (2) hours for attendance at such
a meeting.
The outpatient subcommittee may schedule one (1) regular meeting each month
during working hours, provided that such meetings shall be scheduled to conflict
as little as possible with the clinic schedule and shall be mutually agreeable
to the County. The County will release from duty no more than three (3) nurses
for a period not to exceed two (2) hours, including travel time.
The committee(s) may decide to meet jointly in lieu of separate meetings if
particular issues or subjects call for joint inpatient and outpatient
consideration.
35.3 The committee(s) shall maintain written minutes and shall provide
copies to the Director of Nursing and Director of Public Health Nursing and
.shall maintain copies in various locations for perusal by RegisteredNurses.
53 00128
35.4 Employees who are not employed at the Health Services Department may
submit verbal or written advisory recommendations and proposals for improving
patient care to a designated representative of the Department Head, . and timely
response will be provided.
Section 36 - Notice of Hires and Separations
The County agrees to periodically mail to California Nurses' Association the
name, classification, and date of hire or termination of employees in
classifications represented by California Nurses Association.
Section 37 - Provisional Appointment
Whenever an appointing authority makes a request for personnel to fill , a
position in a class for which no reemployment or employment list is available,
or in a class for which no eligible or insufficient eligibles to complete the
certification will accept appointment to the position, the Director of Personnel
may authorize the appointing authority to appoint any person who possesses the
minimum qualifications for the class as set forth in the class specifications,
provided that the names of eligibles available and the names of persons who have
indicated the intention to take the next examination for the class shall be
referred to the appointing authority at the time authorization is issued. In no
case shall a permanent position be filled by a provisional appointment for a
period exceeding six (6) calendar months except under the following conditions:
1. If an examination has been announced for the class and recruitment
of applicants is in process, the Director of Personnel may
authorize a continuation of provisional appointments until an
eligible list is established.
2. In case of a provisional appointment to a permanent position
vacated by a leave of absence, such provisional appointment may be
continued for the duration of said leave.
A provisional appointment shall be terminated within thirty (30) days after the
date of certification of eligibles from an appropriate eligible list.
All decisions of the Director of Personnel relative to provisional appointments
are final and not subject to the grievance procedure.
Section 38 - Personnel Files
An employee shall have the right to inspect and review the employee' s
departmental personnel file upon request at reasonable times and for reasonable
periods during the regular business hours of 8:00 a.m. to 5:00 p.m..
Documentation in the personnel file relating to the investigation of a possible
criminal offense, and such information or letters of reference shall be
specifically excluded from such inspection and review.
54 00129
Section 39 - Reimbursement for Meal Expenses
Employees shall be reimbursed for meal expenses under , the following
circumstances and in the amount specified:
1. When the employee is required by the department head to attend a
meeting concerning County business or County affairs.
2. When the employee is required to be out of the regular or normal
.work area during a meal hour because of a particular work
assignment.
3. When the employee is required to stay over to attend consecutive or
continuing afternoon and night sessions of a board or commission.
4. When the employee is required to incur expenses as host for .
official guests of the County, work as members of examining boards,
official visitors, and speakers or honored guests at banquets or
other official functions.
5. When the employee is required to work three or more hours of
overtime; in this case the employee may be reimbursed in accordance
with the Administrative Bulletin on Expense Reimbursement.
Meal costs will be reimbursed only when eaten away from home or away from the
facility in the case of employees at twenty-four (24) hour institutions.
Procedures and definitions relative to reimbursement for meal expenses shall be
in accordance with the Administrative Bulletin on Expense Reimbursement.
Section 40 - Compensation for Loss or Damage to Personal Property
The loss or damage to personal property of employees is subject to reimbursement
under the following conditions.
1. The loss or damage must result from an event which is not normally
encounted or anticipated on the job and which is not subject to the
control of the employee.
2. Ordinary wear and tear of personal property used on the job is not
compensated.
3. Employee tools or equipment provided without the express approval
of the department head and automobiles are excluded from reimburse-
ment.
4. The loss or damage must have occurred in the line of duty.
5. The loss or damage was not a result of negligence or lack of proper
care by the employee.
o. The personal property ►vas necessarily worn or carried by the
employee in order to adequately fulfill the duties and requirements
of the job.
55
•
7. The loss or damage to employees ' eyeglasses, dentures or other
prosthetic devices did not occur simultaneously with a job
connected injury covered by workers' compensation.
8. The amount of reimbursement shall be limited to the actual cost to
repair damages. Reimbursement for items damaged beyond repair
shall be limited to the actual value of the item at the time of
loss or damage but not more than the original cost.
9. The burden of proof of loss rests with the employee.
10. Claims for reimbursement must be processed in accordance with the
Administrative Bulletin on Compensation for Loss or Damage to
Personal Property.
Section 41 - Service Awards
The County shall continue its present policy with respect to service awards
including time off; provided, however, that the type of award given shall be at
the sole discretion of the County.
Section 42 - Unfair Labor Practice
Either the County or the Association may file an unfair labor practice as
defined in Chapter 34-22 of Resolution 81/1165 against the other. Allegations of
an unfair labor practice, if not resolved in discussions between the parties,
may be heard by a mutually agreed upon impartial third party.
Section 43 - Length of Service Definition (for service awards and vacation
accruals
The length of service credits of each employee of the County shall date from the
beginning of the last period of continuous County employment (including
temporary, provisional , and permanent status, and absences on approved leave of
absence) . When anemployee separates from a permanent position in good standing
and within two years is reemployed in a permanent County position, service
credits shall include all credits accumulated at time of separation, but shall
not include the period of separation. The Director of Personnel shall determine
these matters based on the employee status records in his department.
Section 44 - Permanent Part-Time Employee Benefits
Permanent part-time employees receive prorated vacation and sick leave benefits.
They are eligible for health, dental and life insurance benefits at the same
rate as for full-time employees providing they work at least forty (40) percent
of full time (i .e. 16/40) . If the employee works at least fifty (50) percent of
full time, County retirement participation is also included.
56
00131
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'r
Section 45 - Permanent-Intermittent Employee Benefits
Permanent intermittent employees are eligible for prorated vacation and sick
leave benefits.
Each person appointed to a Permanent Intermittent Registered Nurse position
shall be given an information sheet which lists the terms and conditions of
employment and employee benefits. The information sheet shall be signed by the
employee and representative of the Health Services Department.
Section 46 - Permanent-Intermittent Employees Health Plan
A permanent intermittent employee may participate in the County Group Health
Plans of medical , dental and life insurance coverage wholly at the employee' s
expense. The County will not contribute to the employee' s monthly premium. The
employee will be responsible for paying the monthly premium appropriately and.
punctually. Failure to meet the premium deadline will mean automatic and
immediate withdrawal from the County Group Health Plan and reinstatement may
only be effectuated during the annual open enrollment period.
Section 47 - Provisional Employee Benefits
Provisional employees who are not permanent employees of the County immediately
prior to their provisional appointment, are eligible for vacation and sick leave
benefits.
A provisional employee may participate in the County Group Health Plans of
medical , dental and life insurance coverage wholly at the employee' s expense.
The County will not contribute to the employee's monthly premium. The employee
will be responsible for .paying the monthly premium appropriately and punctually.
Failure to meet the premium deadline will mean automatic and immediate
withdrawal from the County Group Health Plan and reinstatement may only be
effectuated during the annual open enrollment period.
Section 48 - Lunch Period
It is the position of the Health Services Department that employees who work an
eight and a half (8-1/2) hour day are on their own time during their lunch
period. Employees who work an eight (8) hour day are to be considered on call .
Registered Nurses employed at the County Hospital who work a straight eight (8)
hour shift are always in a pay status and on duty during that period and are not
permitted to leave the hospital grounds without the consent of the Nursing
Office.
Section 49 - Health Examination
Employees of the County who work in a Health Services Department facility will
annually be required to complete a Health Questionnaire and take a Tuberculosis
Skin Test. In the event that an employee had a positive reaction to a
tuberculosis skin test, said employee will be requested to show proof of having
had two (2) negative chest x-rays at least one year apart.
0013
57
• t
Employees will also be requested to be screened for Rubella immunity. If the
result of the Rubella test is negative, the appointing authority or designee
will recommend that the employee become immunized. If the employee has direct
patient contact and refuses to become immunized, an attempt will be made to
relocate the employee to a non-patient care area if possible.
Section 50 - Adoption
The provisions of this Memorandum of Understanding shall be made applicable on
the dates indicated and upon approval by the Board of Supervisors. Resolutions
and Ordinances, where necessary, shall be prepared and adopted in order to
implement these provisions. It is understood that where it is determined that
an Ordinance is required to implement any of the foregoing provisions, said
provisions shall become effective upon the first day of the month following
thirty (30) days after such Ordinance is adopted.
Section 51 - Scope of Agreement and Separability of Provisions
51.1 Scope of :agreement. Except as otherwise specifically provided herein,
this Memorandum of Understanding fully and completely incorporates the
understanding of the parties hereto and constitutes the sole and entire
agreement between the parties in any and all matters subject to meet and confer.
Neither party shall , during the term of this Memorandum of Understanding demand
any change herein, provided that nothing herein shall prohibit the parties from
changing the terms of this Memorandum of Understanding by mutual agreement.
51.2 Separability of Provisions. Should any section, clause or provision
of this Memorandum of Understanding be declared illegal , unlawful or unenforce-
able, by final judgment of a court of competent jurisdiction, such invalidation
of such section, clause or provision shall not invalidate the remaining portions
hereof, and such remaining portions shall remain in full force and effect for
the duration of this Memorandum of. Understanding.
51.3 Personnel Management Regulations. Where a specific provision con-
tained in a section of this Memorandum of Understanding conflicts with a
specific provision contained _ in a section of the Personnel Management
Regulations, the provision of this Memorandum of Understanding shall prevail .
Those provisions of the Personnel Management Regulations within the scope of
representation which are not in conflict with the provisions of this Memorandum
of Understanding and those provisions of the Personnel Management Regulations
which are not within the scope of representation shall be considered in full
force and effect.
51.4 Duration of Aqreement. This Agreement shall continue in full force
and effect from pril 1, 19ST—to and including June 30, 1985. Said Agreement
shall automatically renew from year to year thereafter unless either party gives
written notice to the other prior to sixty (60) days from the aforesaid termina-
tion date of its intention to amend, modify or terminate the agreement.
58
00134
•
Section 52 - Past Practices and Existing Memoranda of Understanding
Continuance of working conditions and past practices not specifically authorized
by ordinance or by resolution of the Board of Supervisors is not guaranteed by
this Memorandum of Understanding; provided, however, beginning with the date of
adoption of this Memorandum of Understanding and continuing for six months
thereafter, the Association may claim a violation of a past practice. If the
Association can demonstrate that such past practice exists by virtue of having
been acknowledged and agreed to by Management and representatives of the
Association or by employees represented by the Association who reach agreement
with a Department Head on a specific policy covering a group of employees such
as a reassignment policy, the alleged violation of said past practice will be
subject to the grievance procedure. Those practices which have been agreed to
by Management and not approved by the Department Head must be confirmed and
approved by the Department Head within six months of the adoption of this
Memorandum of Understanding in order to be considered a past practice pursuant
to this provision.
Date. I Li 7
r--
CONTRA COSTA COUNTY CALIF IA NURSES SOCIAT
By By
B By
(17 Zf
B By
�\ Q.By By Y
1
By
By
59 00134
Contra Personnel Department
Costa Third Floor, Administration Bldg.
651 Pine Street
COun}�` Martinez, California 94553-1292
ly (415) 372-4464
Harry D. Cisterman
Director of Pe.s,_nnel
August 16, 1984
Ms. Donna Gerber
California Nurses Association
1440 Broadway, Suite 914
Oakland, CA 94612
Dear Ms. Gerber:
As you know, on July 3, 1984, the Sacramento County Superior Court issued a
decision in the County of Contra Costa, et al v. the State of California,
finding, among other things, that Section 3502.5 of the Government Code (Agency
Shop) is unconstitutional .
In consideration of the Agency Shop provisions contained in the July 1, 1983 -
June 30, 1985 Memorandum of Understanding between your organization and Contra
Costa County and Board of Supervisors approval of that memorandum of
understanding, it is hereby agreed that:
1. The Association shall indemnify, defend and save the County
of Contra Costa harmless against any and all claims, demands,
suits, orders, or judgments or other forms of liability that
arise out of or by reason of said Agency Shop provisions, or
action taken or not taken by the County respecting agency
shop, notwithstanding the non-severability provision included
in said memorandum of understanding. This agreement super-
cedes Section 2.2 (F) of said memorandum of understanding.
2. The County may seek "declaratory relief" in the Superior
Court of Contra Costa County to adjudicate the validity of
the agency shop provisions, as to which action the County
shall bear its own attorney's fees and costs, but not those
of the Union.
3. In the event of a final judgment either in the Sacramento
County litigation or in a declaratory relief action that
Section 3502.5 of the Government Code is unconstitutional ,
the agency shop provisions shall henceforth no longer be
enforced, the Union shall refund to the County all agency
shop fees paid by non-members, together with all interest
payable on such fees not exceeding 10% per annum, and the
following Maintenance of Membership provision shall come into
effect:
00_13
IPf> a
INTERNATIONAL PERSONNEL MANAGEMENT ASSOCIATION MEMBER
-2-
2.2 Employees hired on or after October 1, 1981, in classifications
assigned to units represented by the Association shall , as a condition of
employment, complete an Association dues authorization card provided by the
Association and shall have deducted from their paychecks the membership dues of.
the Association. Said employees shall have thirty (30) days from the date of
hire to decide if he/she does not want to become a member -of the Association.
Such decision not to become a member of the Association must be made in writing
to the Auditor-Controller with a copy to the Employee Relations Division within
said thirty (30) day period. If the employee decides not to become a member of
the Association, any Association dues previously deducted from the employee's
paycheck shall be returned to the employee and said amount shall be deducted
from the next dues deduction check sent to the Association. If the employee
does not notify'the County in writing of the decision not to become a member
within the thirty (30) day period, he/she shall be deemed to have voluntarily
agreed to pay the dues of the Association.
Each such dues authorization form referenced above shall include a statement
that the Association and the County have entered into a Memorandum of
Understanding, that the employee is required to authorize payroll deductions of
Association dues as a condition of employment, and that such authorization may
be revoked within the first thirty (30) days of employment upon proper written
notice by the employee within said thirty (30) day period as .set forth above.
Each such employee shall , upon completion of the authorization form, receive a
copy of said authorization form which shall be deemed proper notice of his/her
right to revoke said authorization.
2.3 Maintenance of Membership. All employees in units represented by the
Association who are currently paying dues to the Association and all employees
in such units who hereafter become members of the Association shall as a con-
dition of continued employment pay dues to the Association for the duration of
this Memorandum of Understanding and each year thereafter so long as the
Association continues to represent the position to which the employee is
assigned, unless the employee has exercised the option to cease paying dues in
accordance with Section 2.4.
2.4 Withdrawal of Membership. By notifying the Auditor-Controller's
Department in writing, between May 1, and May 31, 1985, any employee may
withdraw from Association membership and discontinue paying dues as of the
payroll period, commencing May 1, 1985, discontinuance of dues payments to then
be reflected in the June 10, 1985 paycheck . Immediately upon close of the above
mentioned thirty (30) day period the Auditor-Controller shall submit to the
Association a list of the employees who have rescinded their authorization for
dues deduction.
If the foregoing is in accordance with your understanding, please indicate
acceptance and approval in the appropriate space below.
Dated Very truly yours,
f
Contra Costa County
APPROVED AND ACCEPTED
Cali nia Nurses ssociatio
By By' 00I.36
PSS
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted. this -Order on _ :August 21, 1984 ,. by the following. vote:
AYES: Supervisors Powers , Fanden, McPeak, Schroder , Torlakson.
NOES: None.
ABSENT: None .
ABSTAIN: None .
SUBJECT:
1983-85 Compensation for Employees }
in Units Represented by Deputy ) 84/ 498
Sheriff's Association )
The Contra Costa County Board of Supervisors RESOLVES THAT:
1. On August 21, 1984, the Employee Relations Officer submitted the
Memorandum of Understanding dated August 17, 1984, entered into with Deputy
Sheriffs' Association and the following unit represented by the Association:
Deputy Sheriffs' Unit
2. This Board having thoroughly considered said Memorandum of
Understanding, the same is approved.
3. Salaries and Terms and Conditions of Employment. Deputy Sheriffs'
Association. The Memorandum of Understanding with the Deputy Sheriffs '
: . Association is attached hereto, marked Exhibit A; and Section Numbers 1 through
46 inclusive are incorporated herein as if set forth in full and made applicable
to the employees in the above named unit.
4. If an Ordinance(s) is required to implement any of the foregoing
provisions, the Board of Supervisors shall enact said Ordinance(s) .
THIS RESOLUTION is effective as of August 21, 1984.
I tiereby certify that this is a true and correct copy of
ail action taken and entered on the minutes of the
Board of supectit71 re on the date shown.
ATTESTED:
,f:R. OLSSON, OUNTY CLERK
and ex officio Clerk of the Board
By DeputV
Orig: Personnel Department
County Administrator
County Counsel
Auditor-Controller
Deputy Sheriffs' Association
Sheriff-Coroner
I.E.D.A./via Personnel
RESOLUTION NO. 84/498
00137
w � •
i
j•�' 99SS
t Memorandum of Understanding
Between
Contra Costa County
And
Deputy Sheriffs ' Association
This Memorandum of Understanding is entered into pursuant to the authority
contained in Board of Supervisors Resolution 81/1165 and has been jointly
prepared by the parties.
The Employee Relations Officer (County Administrator) is the representative
of Contra Costa County in employer-employee relations matters as provided in
Board of Supervisors Resolution 81/1165, Section 34-8.012.
The parties have met and conferred in good faith regarding wages, hours and
other terms and conditions of employment for the employees in units in which the
Association is the recognized representative, have freely exchanged information,
opinions and proposals and have endeavored to reach agreement on all matters
relating to the employment conditions and employer-employee relations covering
such employees.
This Memorandum of Understanding shall be presented to the Contra Costa County
Board of Supervisors as the joint recommendations of the undersigned for salary
and employee benefit adjustments for the period commencing October 1, 1983 and
ending June 30, 1985.
Special provisions and restrictions pertaining to Project employees covered
by this Memorandum of Understanding are contained in Attachment A which is
attached hereto and made a part hereof.
Definitions :
A. "AppointingAuthority" means Department Head unless otherwise
provided by statute or ordinance.
B. "Association" means Deputy Sheriffs ' Association, Inc.
I
C. "Class" means a group of positions sufficiently similar with
respect to the duties and responsibilities that similar selection
procedures and qualifications may apply and that the same
descriptive title may be used to designate each position allocated
to the group.
D. "Class Title" means the designation given to a class, to each
position allocated to the class, and to the employees allocated
to the class.
E. "County" means Contra Costa County.
F. "Demotion" means the change of a permanent employee to another
position in a class allocated to a salary range for which the top
1 . 00138
+.. step is lower than the top step of the class which the employee
formerly occupied except as provided for under "Transfer" or as
otherwise provided for in this Memorandum of Understanding, in the
Personnel Management Regulations, or in specific resolutions
governing deep classifications.
G. "Director of Personnel " means the person designated by the County
Administrator to serve as the Assistant County Administrator-Director
of Personnel .
H. "Eligible" means any person whose name is on an employment or
reemployment or layoff list for a given class.
I . "Employee" means a person who is an incumbent of a position or who
is on leave of absence in accordance with provisions of th.is
Memorandum of Understanding and whose position is held pending his
return.
J. "Employment List" means a list of persons, who have been found
qualified for employment in a specific class.
K. "Layoff List" means a list of persons who have occupied positions
allocated to a class in the Merit System and who have been
involuntarily separated by layoff or displacement or have
voluntarily demoted or transferred in lieu of layoff or displacement.
L. "Permanent Intermittent Position" means any position which requires
the services of an incumbent for an indefinite period but on an
intermittent basis, as needed, paid on an hourly basis.
M. "Permanent Part-Time Position" means any position which will
require the services of an incumbent for an indefinite period but
on a regularly scheduled less than full-time basis.
N. "Permanent Position" means any position which has required, or
which will require the services of an incumbent without
interruption, for an indefinite period.
0. "Project Employee" means an employee who is engaged in a time
limited program or service by reason of limited or restricted
funding. Such positions are typically funded from outside sources
but may be funded from County revenues.
P. "Promotion" means the change of a permanent employee to another
position in a class allocated to a salary range for which the top
step is higher than the top step of the class which the employee
formerly occupied, except as provided for under "Transfer" or as
otherwise provided for in this Memorandum of Understanding, in the
Personnel Management Regulations, or in specific resolutions
governing deep classes.
Q. "Position" means the assigned duties and responsibilities calling
for the regular full-time, part-time or intermittent employment of
a person.
2 0®g�9
LY
;k
l
R. "Reallocation" means the act of reassigning an individual position
from one class to another class at the same range of the salary
schedule or to a class which is allocated to another range that is
within five (5) percent of the top step, except as otherwise pro-
vided for in the Personnel Management Regulations, deep class .reso-
lutions or other ordinances.
S. "Reclassification" means the act of changing the allocation of a
position by raising it to a higher class or reducing it to a lower
class on the basis of significant changes in the kind, difficulty
or responsibility of duties performed in such position.
T. "Reemployment List" mans a list of persons, who have occupied
positions allocated to any class in the merit system and, who have
voluntarily separated and are qualified for consideration for
reappointment under the Personnel Management Regulations governing
reemployment.
U. "Resignation" mans the voluntary termination of permanent
employment with the County.
V. "Temporary Employment" means any employment which will require the
services of an incumbent for a limited period of time, paid on an
hourly basis, not in an allocated position or in permanent status.
W. "Transfer" mans the change of an employee who has permanent status
in a position to another position in the same class in a different
department, or to another position in a class which is allocated to
a range on the salary plan that is within five (5) percent at top
step as the class previously occupied by the employee.
Section 1 - Recognition
1.1 Association Recognition. The Association is the formally recognized
employee organization for the Deputy Sheriffs ' Unit and such organization has
been certified as such pursuant to Chapter 34-12 of Board of Supervisors
Resolution 81/1165.
Section 2 - Association Security
2.1 Dues Deduction. Pursuant to Chapter 34-26 of Resolution 81/1165 only a
majority representative may have dues deduction and as such the Association has
the exclusive privilege of dues deduction for all members in its unit.
Dues deduction shall be based on the voluntary written authorization of the
employee which shall remain in effect so long as the employee remains in a unit
represented by the Association unless such authorization is cancelled in writing
by the employee in accordance with the provisions set forth in Section 2.4. The
dues deduction shall be for a specified amount and uniform between members of
the Association. The Association shall indemnify, defend, and hold the County
harmless against any claims made and against any suit instituted against the
County on account of dues deduction. The Association shall refund to the
County any amounts paid to it in error upon presentation of supporting evidence.
3
00. 40
2.2 Employees hired on or after February 1, 1983 in classifications
assigned to units represented by the Association shall as a condition of
employment at the time of employment complete an Association dues authorization
card provided by the Association and shall have deducted from their. paychecks
the membership dues of the Association. Said employees shall have thirty (30)
days from the date of hire to decide if he/she does not want to become a member
of the Association. Such decision not to become a member of the Association
must be made in writing to the Auditor-Controller with a copy to the Employee
Relations Division within said thirty (30) day period. If the employee decides
not to become a member of the Association any Association dues previously
deducted from the employee's paycheck shall be returned to the employee and said
amount shall be deducted from the next dues deduction check sent to the Associa-
tion. If the employee does not notify the County in writing of the decision not
to become a member within the thirty (30) day period, he/she shall be deemed to
have voluntarily agreed to pay the dues of the Association.
Each such dues authorization form referenced above shall include a statement
that the Association and the County have entered into a Memorandum of Under-
standing, that the employee is required to authorize payroll deductions of
Association dues as a condition of employment, and that such authorization may
be revoked within the first 30 days of employment upon proper written notice by
the employee within said 30 day period as set forth above. Each such employee
shall, upon written completion of the authorization form, receive a copy of said
authorization form which shall be deemed proper notice of his or her right to
revoke said authorization.
2.3 Maintenance of Membership. All employees in units represented by the
Association who are currently paying dues to the Association and all employees
in such units who hereafter become members of the Association shall as a
condition of continued employment pay dues to the Association for the duration
of this Memorandum of Understanding and each year thereafter so long as the
Association continues to represent the position to which the employee is
assigned, unless the employee has exercised the option to cease paying dues in
accordance with Section 2.4.
2.4 Withdrawal of Membership. By notifying the Auditor-Controller's
Department in writing, between May 1, 1985 and May 31, 1985, any employee may
withdraw from Association membership and discontinue paying dues as of the
payroll period commencing May 1, 1985, discontinuance of dues payments to then
be reflected in the June 10, 1985 paycheck. Immediately upon the close of the
above mentioned thirty (30) day period the Auditor-Controller shall submit to
the Association a list of the employees who have rescinded their authorization
for dues deduction.
2.5 Communicating With Employees. The Association shall be allowed to use
designated portions of bulletin boards or display areas in public portions of
County buildings or in public portions of offices in which there are employees
represented by the Association, provided the communications displayed have to do
with official organization business such as times and places of meetings and
further provided that the Association appropriately posts and removes the infor-
mation. The department head reserves the right to remove objectionable materials
after notification to and discussion with the Association.
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Representatives of the Association, not on County time, shall be permitted to
place a supply of employee literature at specific locations in County bu.ildings
if arranged through the Employee Relations Officer; said representatives may
distribute employee organization literature in work areas (except work areas not
open to the public) if the nature of the literature and the proposed method of
distribution are compatible with the work environment and work ,in progress.
Such placement and/or distribution shall not be performed by on duty employees.
The Association shall be allowed access to work locations in which it represents
employees for the following purposes:
A. to post literature on bulletin boards;
B. to arrange for use of a meeting room;
C. to leave and/or distribute a supply of literature as indicated
above;
D. to represent an employee on a grievance, and/or to contact an
Association officer on a matter within the scope of representation.
In the application of this provision, it is agreed and understood that in each
such instance advance arrangements including disclosure of which of the above
purposes is the reason for the visit, will be made with the departmental repre-
sentative in charge of the work area, and the visit will not interfere with
County services.
2.6 Use of County Buildings. The Association shall be allowed the use of
areas normally used for meeting purposes for meetings of County employees during
non-work hours when:
A. Such space is available and its use by the Association is scheduled
twenty-four (24) hours in advance;
B. there is no additional cost to the County;
C. it does not interfere with normal County operations;
D. employees in attendance are not on duty and are not scheduled for
duty;
E. the meetings are on matters within the scope or representation.
The administrative official responsible for the space shall establish and main-
tain scheduling of such uses. The Association shall maintain proper order at
the meeting, and see that the space is left in a clean and orderly condition.
The use of County equipment (other than items normally used in the conduct of
business meetings, such as desks, chairs, ashtrays, and blackboards) is prohi-
bited, even though it may be present in the meeting area.
2.7 Advance Notice. The Association shall , except in cases of emergency,
have the right to reasonable notice of any ordinance, rule, resolution or regu-
lation directly relating to matters within the scope of representation proposed
to be adopted by the Board, or boards and commissions designated by the Board,
and to meet with the body considering the matter.
The listing of an item on a public agenda, or the mailing of a copy of a proposal
at least seventy-two (72) hours before the item will be heard, or the delivery
5 00142
of 'a copy of the proposal at least twenty-four (24) hours before the item will
be heard, shall constitute notice.
In cases of emergency when the Board, or boards and commissions designated by
the Board determines it must act immediately without such notice or meeting, it
shall give notice and opportunity to meet as soon as practical after its action.
2.8 Assignment of Classes to Bargaining Units. The County shall assign new
classes in accordance with the following procedure:
A. Initial Determination. When a new class title is established, the
Employee Relations Officer shall review the composition of existing
representation units to determine the appropriateness of including
some or all of the employees in the new class in one or more exist-
ing representation units, and within a reasonable period of time
shall notify all recognized employee organizations of his deter-
mination.
B. Final Determination. His determination is final unless within ten
days after notification a recognized employee organization requests
in writing to meet and confer thereon.
C. Meet and Confer and Other Steps. He shall meet and confer with
such requesting organizations and with other recognized employee
organizations where appropriate) to seek agreement on this matter
within sixty days after the ten-day period in Subsection (B) ,
unless otherwise mutually agreed. Thereafter, the procedures in
cases of agreement and disagreement, arbitration referral and
expenses, and criteria for determination shall conform to those in
Subsections (d) through (i) of Section 34-12.008 of Board of
Supervisors ' Resolution 81/1165.
Section 3 - No Discrimination
There shall be no discrimination because of race, creed, color, national origin,
sex, sexual orientation or Association activities against any employee or
applicant for employment by the County or by anyone employed by the County; and
to the extent prohibited by applicable State and Federal law there shall be
no discrimination because of age. There shall be no discrimination against any
handicapped person solely because of such handicap unless that handicap prevents
the person from meeting the minimum standards established for a position or from
carrying out the duties of the position safely.
Section 4 - Official Representatives
4.1 Attendance at Meetings. Employees designated as official represen-
tatives of the Association shall be allowed to attend meetings held by
County agencies during regular working hours on County time as follows:
A. If their attendance is required by the County at a specific
meeting;
B. if their attendance is sought by a hearing body or presentation of
6 00143
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testimony or other reasons;
C. if their attendance is required for meeting(s) scheduled at reason-
able times agreeable to all parties required for settlement of
grievances filed pursuant to Section 23 (Grievance Procedure). of
this Memorandum;
D. if they are designated as a grievance representative in which case .
they may utilize a reasonable time at each level of the proceedings
to assist an employee to present a grievance, provided the meetings
are scheduled at reasonable times agreeable to all parties;
E. if they are designated- as spokesperson or representative of the .
Association and as such make representations or presentations at
meetings or hearings on wages, salaries and working conditions;
provided in each case advance arrangements for time away from the
employee's work station or assignment are made with the appropriate
department head or his designee, and the County agency calling the
meeting is responsible for determining that the attendance of the
particular employee(s) is required.
4.2 Association Representative. Official representatives of the Deputy
Sheriffs ' Association shall be allowed time off on County time for meetings
during regular working hours when formally meeting and conferring in good faith
or consulting with the Employee Relations Officer or other management represen-
tatives on matters within the scope of representation, provided that the number
of such representatives shall not exceed two (2) without prior approval of the
Employee Relations Officer, and that advance arrangements for the time away
from the work station or assignment are made with the appropriate department
head or his designee.
Section 5 - Salaries
5.1 The salary range for each represented classification shall be effective
August 1, 1984 as set forth in Exhibit A which is attached hereto and made a
part hereof.
If during the terms of this Memorandum of Understanding, the Board of
Supervisors determines that monies are available for an additional wage
increase, the County will meet with the Association to discuss an additional
wage increase which would be effective on or after January 1, 1985.
5.2 Entrance Salary. New employees shall generally be appointed at the
minimum step of the salary range established for the particular class of
position to which the appointment is made. However, the appointing authority
may fill a particular position at a step above the minimum of the range.
5.3 Anniversary Dates. Except as may otherwise be provided for in deep
clas.s resolutions, anniversary dates will be set as follows:
A. New Employees. The anniversary date of a new employee is the first
day of the calendar month after the calendar month when the
employee successfully completes six (6) months service provided
however, if an employee began work on the first regularly scheduled
workday of the month the anniversary date is the first day of the
00144
calendar month when the employee successfully completes six months
service.
B. Promotions. The anniversary date of a promoted employee is deter-
mined as for a new employee in Subsection 5.3 A above.
C. Transfer, Reallocation and Reclassification. The anniversary date .
of an employee who is transferred to another position or one whose
position has been reallocated or reclassified to a class allocated
to the same salary range or to a salary range .which is within five
(5) percent of the top step of the previous classification, remains
unchanged.
D. Reemployments. The anniversary of an employee appointed from a
reemployment list to the first step of the applicable salary range
and not required to serve a probation period is determined in the.
same way as the anniversary date is determined for a new employee
who is appointed the same date, classification and step and who
then successfully completes the required probationary period.
B. Notwithstanding other provisions of this Section 5, the anniversary
of an employee who is appointed to a classified position from out-
side the County's merit system at a rate above the minimum salary
for the employee's new class, or who is transferred from another
governmental entity to this County's merit system, is one (1) year
from the first day of the calendar month after the calendar month
when the employee was appointed or transferred; provided however,
when the appointment or transfer is effective on the employee' s
first regularly scheduled work day of that month, his/her anniver-
sary is one (1) year after the first calendar day of that month.
5.4 Increments Within Range. The performance of each employee, except
those of employees already at the maximum salary step of the appropriate salary
range, shall be reviewed on the anniversary date as set forth in Section 5.3 to
determine whether the salary of the employee shall be advanced to the next higher
step in the salary range. Advancement shall be granted on the affirmative
recommendation of the appointing authority, based on satisfactory performance by
the employee. The appointing authority may recommend denial of the increment or
denial subject to one additional review at some specified date before the next
anniversary which must be set at the time the original report is returned.
Except as herein provided, increments within range shall not be granted more
frequently than once a _ year, nor shall more than one (1) step within-range
increment be granted at one time, except as otherwise provided in deep-class
resolutions. In case an appointing authority recommends denial of the within
range increment on some particular anniversary date, but recommends a special
salary review at some date before the next anniversary the special salary review
shall not affect the regular salary review on the next anniversary date.
Nothing herein shall be construed to make the granting of increments mandatory
on the County. If the department verifies in writing that an administrative
or clerical error was made in failing to submit the documents needed to advance
an employee to the next salary step on the first of the month when eligible,
8
00145
said advancement shall be made retroactive to the first of the month when
eligible.
5.5 Part-Time Compensation. A part-time employee shall be paid a monthly
salary in the same ratio to the full-time monthly rate -to which the employee
would be entitled as a full-time employee under the provisions of this Section 5
as the number of hours per week in the employee's part-time work schedule bears
to the number of hours in the full-time work schedule of the department.
5.6 Compensation. for Portion of Month. Any employee who works less than
any full calendar month, except when on earned vacation or authorized sick '
leave, shall receive as compensation for services an amount which is in the same
ratio to the established monthly rate as the number of days worked is to the
actual working days in such employee's normal work schedule for the particular
month; but if the employment is intermittent, compensation shall be on an hourly
basis.
5.7 Position Reclassification. An employee who is an incumbent of a
position which is reclassified to a class which is allocated to the same range
of the basic salary schedule as is the class of the position before it was
reclassified, shall be paid at the same step of the range as the employee
received under the previous classification.
An incumbent of a position which is reclassified to a class which is allocated
to a lower range of the basic salary schedule shall continue to receive the same
salary as before the reclassification, but if such salary is greater than the
maximum of the range of the class to which the position has been reclassified,
the salary of the incumbent shall be reduced to the maximum salary for the new
classification. The salary of an incumbent of a position which is reclassified
to a class which is allocated to a range of the basic salary schedule greater
than the range of the class of the position before it was reclassified shall be
governed by the provisions of Section 5.9 - Salary on Promotion.
5.8 Salary Reallocation and Salary on Reallocation.
A. In a general salary increase or decrease, an employee in a class
which is allocated to a salary range above or below that to which
it was previously allocated, when the number of steps remain the
same, shall be compensated at the same step in the new salary range
the employee was receiving in the range to which the class was pre-
viously allocated. If the reallocation is from one salary range
with more steps to a range with fewer steps or vice versa, the
employee shall be compensated at the step on the new range which is
in the same percentage ratio to the top step of the new range as
was the salary received before reallocation to the top step of the
old range, but in no case shall any employee be compensated at less
than the first step of the range to which the class is allocated.
B. In the event that a classification is reallocated from a salary
range with more steps to a salary range with fewer steps on the
salary schedule, apart from the general salary increase or decrease
described in 5.8 A above, each incumbent of a position in the
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reallocated class shall be placed upon the step of the new range
which equals the rate of pay received before the reallocation. In
the event that the steps in the new range do not contain the same
rates as the old range, each incumbent shall be placed at the step
of the new range which is next above the salary rate received in
the old range, or if the new range does not contain a higher step,
at the step which is next lower than the salary received in the old
range.
C. In the event an employee is in a position which is reallocated to a
different class which is allocated to a salary range the same as,
above or below the salary range of the employee's previous class,
the incumbent shall be placed at the step in the new class which
equals the rate of pay received, before reallocation. In the event
that the steps in the range for the new class do not contain the
same rates as the range for the old class, the incumbent shall be
placed at the step of the new range which is next above the salary
rate received in the old range; or if the new range does not con-
tain a higher step, the incumbent shall be placed at the step which
is next lower than the salary received in the old range.
D. In the event of reallocation to a deep class, the provisions of the
deep class resolution and incumbent salary allocations, if any,
shall supercede Section 5.8.
5.9 Salary on Promotion. Any employee who is appointed to a position of a
class allocated to a higher salary range than the class previously occupied,
except as provided under Section 5.12 shall receive the salary in the new salary
range which is next higher than the rate received before promotion. In the
event this increase is less than five percent (5%) , the employee's salary shall
be adjusted to the step in the new range which is at least five percent (5%)
greater than the next higher step; provided however that the next step shall not
exceed the maximum salary for the higher class.
In the event of the promotion of a laid off employee from the layoff list to
the class from which the employee was laid off, the employee shall be appointed
at the step which the employee had formerly attained in the higher class unless
such step results in an increase of less than five percent (5%) , in which case
the salary shall be adjusted to the step in the new range which is five percent
greater than the next higher step, if the new range permits such adjustment.
5.10 Salary on Involuntary Demotion. Any employee who is demoted, except
as provided under Section 5. 2, shall have his/her salary reduced to the monthly
salary step in the range for the class of position to which he has been demoted
next lower than the salary received before demotion. In the event this decrease
is less than five percent (5%) , the employee's salary shall be adjusted to the
step in the new range which is five percent (5%) less than the next lower step;
provided, however, that the next step shall not be less than the minimum salary
for the lower class.
Whenever the demotion is the result of layoff, cancellation of positions or
displacement by another employee with greater seniority rights, the salary of
10
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t
the demoted employee shall be that step on the salary range which he/she would
have achieved had he/she been continuously in the position to which he/she has
been demoted, all within-range increments having been granted.
5.11 Salary on Voluntary Demotion. Whenever any employee voluntarily
demotes to a position in a class having a salary schedule lower than that of= -
the class from which he or she demotes, his or her salary shall remain the same
if the steps in his or her new (demoted) salary range permit, and if not, the
new salary shall be set at the step next below former salary.
5.12 Transfer. An employee who is transferred from one position to another
as described under "Transfer" shall be placed at the step in the salary range of
the new class which equals the rate of pay received before the transfer. In the
event that the steps in the range for the new class do not contain the same -rates
as the range for the old class, the employee shall be placed at the step of the
new range which is next above the salary rate received in the old range; or if
the new range does not contain a higher step, the employee shall be placed at
the step which is next lower than the salary received in the old range. If the
transfer is to a deep class, the provisions of the deep class resolution on
salary of transfers, if any, shall apply in lieu of the above provisions.
5.13 Pay for Work in Higher Classification. When an employee in a permanent
position in the merit system is required to work in a classification for which .
the compensation is greater than that to which the employee is regularly assigned,
the employee shall receive compensation for such work at the rate of pay
established for the higher classification pursuant to Subsection 5.9 Salary on
Promotion of this Memorandum, commencing on the eleventh 11th work day of the
assignment, under the following conditions:
1. The employee is assigned to a program, service, or activity
established by the Board of Supervisors which is reflected in an
authorized position which has been classified and assigned to the
Salary Schedule.
2. The nature of the departmental assignment is such that the employee
in the lower classification becomes fully responsible for the
duties of the position of the higher classification.
3. Employee selected for the assignment will normally be expected to
meet the minimum qualifications for the higher classification.
4. Pay for work in a higher classification shall not be utilized as a
substitute for regular promotional procedures provided in this
Memorandum.
5. The appropriate authorization form has been submitted by the
Department Head and approved by the County Administrator.
6. Higher pay assignments shall not exceed six (6) months except
through reauthorization.
7. If approval is granted for pay for work in a higher classification
and the assignment is terminated and later reapproved for the same
.11 00148
y' r
employee within thirty (30) days no additional waiting period will
be required.
8. Any incentives (e.g. , the education incentive) and special dif-
ferentials (e.g. , bilingual differential and canine differential )
accruing to. the employee in his/her permanent position shall con-, .
tinue unless the employee is no longer performing the duties which .
warrant the differentials.
9. During the period of work for higher pay in a higher classification,
an employee will retain his/her permanent classification, and
anniversary and salary review dates will be determined by time in
that classification.
10. Allowable overtime pay, shift differentials and/or work location
differentials will be paid on the basis of the rate of pay for the
higher class.
5.14 Payment. On the tenth (10th) day of each month, the Auditor will draw
a warrant upon the Treasurer in favor of each employee for the amount of salary
due the employee for the preceding month; provided, however., that, each .employee
(except those paid on an hourly rate) may choose to receive an advance on the
employee's monthly salary, in which case the Auditor shall, on the twenty-fifth
(25th) day of each month, draw his/her warrant upon the Treasurer in favor of
such employee.
The advance shall be in an amount equal to one-third (1/3) or less (at the
option of the employee) of the employee's basic salary of the previous month
except that it shall not exceed the amount of the previous month 's basic salary
less all requested or required deductions.
The election to receive an advance shall be made on or before April 30 or
October 31 of each year or during the first month of employment by filing on
forms prepared by the Auditor-Controller a notice of election to receive salary
advance.
Each election shall become effective on the first day of the month following the
deadline for filing the notice and shall remain effective until revoked.
In the case of an election made pursuant to this Section 5.14 all required or
requested deductions from salary shall be taken from the second installment,
which is payable on the tenth (10th) day of the following month.
Section 6 - Days and Hours of Work
6.1 The normal work week of County employees is forty (40) hours between
12:01 a.m. Monday to 12:00 midnight Sunday, usually five (5) eight-hour days;
however, where operational requirements of a department require deviations from
the usual pattern of five eight-hour days per work week, an employee's work
hours may be scheduled to meet these requirements, but his/her working time
shall not exceed an average of forty (40) hours per seven (7) day period
throughout an operational cycle, and the department head shall prepare written
12
00149
z r
schedules in advance to support all deviations, the schedules to encompass the
complete operational cycle contemplated.
The work week for employees in the "4-10" shift is four (4) ten (10). hour
working days during a work week consisting of any seven (7) day period.
If the County wants to eliminate any existing "4-10" shift and substitute a
"5-8" shift or to institute a "4-10" shift which does not allow for three .(3)
consecutive days off (excluding' overtime days or a change of shift assignment),
it will meet and confer with the Association prior to implementing said new
shift.
The work schedule for employees in the Coroner's Bureau filling "living-in-
positions" shall consist of three (3) twenty-four (24) hour shifts during a nine
(9) day calendar period, the work shift order of which generally is as follows:
on duty; off duty; on duty; off duty; on duty; followed by four (4) consecutive
days off.
6.2 Time Changes : Pacific Standard Time/Daylight Savings Time. The Sheriff
agrees to adjust work hours for personnel to eliminate an eleven (11) hour tour
of duty for personnel working a 4-10 work schedule, or nine (9) hour tour of
duty for other department personnel who are working the Morning Watch upon
return to Pacific Standard Time from Daylight Savings Time.
Upon return to Daylight Savings Time, the hours will also be adjusted to insure
that a ten (10) hour tour of duty for personnel on a 4-10 work schedule or an
eight (8) hour tour of duty for other department personnel .
Section 7 - Overtime and Compensatory Time
7.1 Overtime. Overtime is any authorized work performed in excess of forty
hours per week or eight hours per day. Overtime for "4-10" shift employees is
any work performed beyond ten hours per day or forty hours per week. All over
time shall be compensated for at the rate of one and one-half (1-1/2) times the
employee's base rate of pay. Any special differentials which are applicable
during overtime hours worked shall be computed on the employee's base rate of
pay (not on the overtime rate of pay) . Overtime for 12 hour shift employees is
any work performed beyond their scheduled hours in a work day or work week.
Overtime for permanent employees is earned and credited in a minimum of one-half
hour increments and is compensated by either pay or compensatory time off.
7.2 Compensatory Time. The following provisions shall apply:
A. Employees may periodically elect to accrue compensatory time off in
lieu of overtime pay. Eligible employees must notify the depart-
ment head or his designee of their intention to accrue compensatory
time off or to receive overtime pay at least thirty (30) days in
advance of the change.
B. The names of those employees electing to accrue compensatory time
off shall be placed on a list maintained by the department.
13 001 -0
Employees who become eligible (i.e., employees promoting, demoting, •
etc. ) for compensatory time off in accordance with these guidelines
must elect to accrue compensatory time or they will be paid for
authorized overtime hours worked, provided however that employees
hired after October 1, 1982 must notify the Sheriff's Department in
writing of election to be paid for authorized overtime hours
worked.
C. Compensatory time off shall be accrued at the rate of one and one-
half (1-1/2) times the actual authorized overtime hours worked by
the employee.
D. Employees may not accrue a compensatory time off balance that
exceeds eighty (80) hours. Once the maximum balance has been
attained, authorized overtime hours will be paid at the overtime
rate. If the employee's balance falls below eighty (80) hours,
the employee shall again accrue compensatory time off for
authorized overtime hours worked until the employee's balance
again reaches eighty (80) hours.
E. Accrued compensatory time off shall be carried over for use in the
next fiscal year; however, as provided in D above, accrued compen-
satory time off balances may not exceed eighty (80) hours.
F. Employees may not use more than ei hty (80) hours of compensatory
time off in any fiscal year period July 1 - June 30) .
G. The use of accrued compensatory time off shall be by mutual agree-
ment between the department head or his designee and the employee.
Compensatory time off shall not be taken when the employee should
be replaced by another employee who would be eligible to receive,
for time worked, either overtime payment or compensatory time
accruals as provided for in this Section. This provision may be
waived at the discretion of the department head or his or her
designee.
H. When an employee promotes, demotes or transfers from one classifi-
cation eligible for compensatory time off to another classification
eligible for compensatory time off within the same department, the
employee's accrued compensatory time off balance will be carried
forward with the employee.
I . Compensatory time accrual ' balances will be paid off when an
employee moves from one department to another through promotion,
demotion or transfer. Said payoff will be made in accordance with
the provisions and salary of the class from which the employee is
promoting, demoting or transferring as set forth in J below.
J. Since employees accrue compensatory time off at the rate of one and
one-half (1-1/2) hours for each hour of authorized overtime worked,
accrued compensatory time balances will be paid off at the straight
time rate (two-thirds (2/3) the overtime rate) for the employee's
current salary whenever:
14 0015 .
1. the employee separates from County service;
2. the employee retires.
K. The Office of the County Auditor-Controller will establish time-
keeping procedures to administer this Section.
7.3 Court Appearance Overtime. Effective the first of the month .following
adoption of this Memorandum of Understanding, the County agrees to providea
minimum of four (4) hours overtime credit when in the line of duty uniformed
employees in the classes of Deputy Sheriff and Sergeant are required to attend a
duly constituted judicial proceeding on his or her regularly scheduled day off;
and a minimum of three (3) hours credit when in the line of duty employees in
the classes of Deputy Sheriff and Sergeant are required to return to duty after
completion of a work shift or prior to a work shift to attend a duly constituted
judicial proceeding.
7.4 Deputy Sheriff-Coroner Overtime. If a Deputy Sheriff assigned to the
Coroner's Division works overtime in the Coroner's Division, overtime shall be
calculated based on the number of assigned work hours in the week; however, if a
Deputy Sheriff assigned to the Coroner' s Division works overtime elsewhere in
the Sheriff-Coroner's Department, said Deputy Sheriff shall be paid overtime,
calculated on the standard, hourly rate applicable to all other deputies.
Implementation of this provision may require adoption of a Board of Supervisor'.s
Ordinance.
Section 8 - Call Back Time
Any employee who is called back to duty shall be paid at the appropriate rate
for the actual time worked plus one (1) hour. Such employee called back shall
be paid a minimum of two (2) hours at the appropriate rate for each call back.
Section 9 - On-Call Duty
On-call duty is any time other than time when the employee is actually on duty
during which an employee is not required to be on County premises but stand
ready to immediately report for duty and must arrange so that his/her superior
can reach him/her on ten (10) minutes notice or less. Employees who are assigned
in writing to on-call status and are carrying pagers will be compensated at the
rate of $125 per week or 8 hours compensatory time off for each full week
(7 days) of on-call assignment, the method of compensation will be determined
by mutual agreement between the department and the individual employee.
Section 10 - Work Scheduling
10.1 Shift Assignment Scheduling. The following definitions shall be used
for shift assignment scheduling only:
A. Assignment. The appointment or direction to work a particular
shift, as defined herein.
B. Bidding System. The manner in which assignments to shifts are
determined pursuant to provisions of this "Memorandum of
Understanding".
15 00152
C. Shifts. A regularly assigned tour of duty with an established
starting and ending time for each work day.
D. Seniority. An employee's seniority within a class shall be deter-
mined by the length of continuous employment in that class.
10.2 Patrol and Detention Division Scheduling. The policy and procedures
for establishing a work schedule for Deputy Sheriffs and Sergeants assigned to .
the Patrol Division ( including the Contract Cities) will be as follows:
A. Length of Shifts. The bidding for shifts shall take place on a
quarterly basis. The shift periods will be:
1. January - March
2. April - June
3. July - September
4. October - December
B. Selection of Shifts. Personnel shall bid for their shifts and days
off based on their seniority. In the Patrol Division, personnel
shall also bid for a particular sub-station based on their
seniority.
C. Transfers.
1. Personnel transferred into Patrol or Detention Division
following the establishment of the sign-up will be assigned to
a vacant slot.
2. A reassignment of patrol personnel from one substation to
another does not constitute a transfer.
D. Exceptions. The Sheriff reserves the right to make exceptions and
assign shifts as necessary in the following circumstances:
1. Emergency situations that may arise.
2. To correct an obvious imbalance in the experience level of
personnel assigned to any given shift.
3. To assign specialists to certain shifts. Specialists are
personnel assigned to certain specialized duties
including, but not necessarily limited to those assigned
as:
16 irg
a. Crime scene investigators
b. Canine handlers
c. Marine patrol personnel
d. Litter control personnel
e. Relief Shift personnel
f. Special Weapons and Tactics team members
g. Supply and Services Deputy
h. Court Liaison Deputy
i. Bus Drivers
4. To provide for retraining of any personnel whose job per-
formance is substandard or unsatisfactory.
5. To compensate for vacancies, absences due to injury,
illness, leave of absence or emergency leave.
6. In any circumstances where the duties and responsibilities
of the office cannot be carried out without adjusting work
schedules.
E. Detention Division Tranfer Policy.
1. Newly hired Deputy Sheriff's are assigned to the Detention
Division for a maximum of 30 months and are then trans-
ferred to the Patrol Division.
2. To balance staffing needs, Deputy Sheriff's may be trans-
ferred to the Detention Division in order of reverse
"Detention Seniority"; persons with the least amount of
Detention Division seniority being at the top of the
transfer list.
3. A Deputy Sheriff who has completed his/her initial assign-
ment in Detention and is subsequently transferred to
Detention will be assigned a maximum of 18 months, unless
the Deputy requests an extension and that extentsion is
approved by the Detention Division Commander.
4. A Deputy Sheriff with 15 years seniority as a Deputy
Sheriff with Contra Costa County is exempt from mandatory
transfer to the Detention Division, .except as provided in
(5) below.
5. A Deputy assigned to a contract city is exempt from man-
datory transfer to the Detention Division during the first
four years of assignment to the . city. If, during the
first four years of city assignment the deputy would have
been scheduled to transfer to the Detention Division, that
transfer is deferred until completion of the four year
assignment. A deputy who reaches his/her 15 year of
department seniority during this "deferred transfer" status
does not become exempt from rotation to Detention, and
will be required to serve up to an 18-month assignment in
Detention.
17 00154
I
Section 11 - Separation Through Layoff
11.1 Grounds for Layoff. Any employee(s) having permanent status in
position(s) in the merit service may be laid off when the position is no longer
necessary, or for reasons of economy, lack of work, lack- of funds or for such
other reason(s) as the Board of Supervisors deems sufficient for abolishing the
position(s) .
11.2 Order of Layoff. The order of layoff in a department shall be based
on inverse seniority i.n the class of positions, the employee in that department
with least seniority being laid off first and so on.
11.3 Layoff By Displacement.
A. In the same class. A laid off permanent full-time employee may
isplace an employee in the department having less seniority in the
same class who occupies a permanent intermittent or permanent part-
time position, the least senior employee being displaced first.
B. In the Same Level or Lower Class. A laid off or displaced employee
who had achieved permanent status in a class at the same or lower
salary level as determined by the salary schedule in effect at the
time of layoff may displace within the department and in the class
an employee having less seniority; the least senior employee being
displaced first, and so on with senior displaced employees
displacing junior employees.
11.4 Particular Rules on Displacing.
A. Permanent intermittent and permanent part-time employees may
displace only employees holding permanent positions of the same
type respectively.
B. A permanent full-time employee may displace any intermittent or
part-time employee with less seniority (1) in the same class as
provided in Section 11.3 (a), or (2) in a class of the same or
lower salary level as provided in Section 11.2 (b) if no full-time
employee in a class at the same or lower salary level has less
seniority than the displacing employees.
C. Former permanent full-time employees who have voluntarily become
permanent part-time employees for the purpose of reducing the
impact of a proposed layoff with the written approval of the
Director of Personnel or designee retain their permanent full-time
employee seniority rights for layoff purposes only and may in a
later layoff displace a full-time employee with less seniority as
provided in these rules.
11.5 Seniority. An employee' s seniority within a class for layoff and
displacement purposes shall be determined by adding the employee's length of
service in the particular class in question to the employee's length of service
in other classes at .the same or higher salary levels as determined by the salary
18 00155
i •
schedule in effect at the time of layoff. Employees reallocated or transferred
without examination from one class to another class having a salary within five
percent of the former class shall carry the seniority accrued in the former
class into the new class. Service for layoff and displacement purposes includes
only the employee's last continuous permanent County employment. Periods of
separation may not be bridged to extend such service unless the separation is
a result of layoff in which case bridging will be authorized if the employee is
reemployed in a permanent position within the employee's layoff eligibility.
Approved leaves of absence as provided for in these rules and regulations shall
not constitute a period of separation. In the event of ties in seniority rights
in the particular class in question, such ties shall be broken • by length of
last continuous permanent County employment. If there remain ties in seniority
rights, such ties shall be broken by counting ' total time in the department in
permanent employment. Any remaining ties shall be broken by random selection
among the employees involved.
11.6 Eligibility for Layoff List. Whenever any person who has permanent
status is laid off, has -been displaced, has been demoted by displacement or has
voluntarily demoted in lieu of layoff or displacement, or who has transferred in
lieu of layoff or displ.acement, the person's name shall be placed on the Layoff
list for the class of positions from which that person has been removed.
11.7 Order of Names on Layoff. First, layoff lists shall contain the names
of persons laid off or displaced or when demoted as a result of a layoff or
displacement, or who have voluntarily demoted in lieu of layoff or displacement
or who have transferred in lieu of layoff or displacement.
Names shall be listed in order of layoff seniority in the class from which laid
off, displaced, demoted, or transferred on the date of layoff, the most senior
person listed first. In case of ties in seniority, the seniority rules shall
apply except that where there is a class seniority tie between persons laid off
from different departments, the tie(s) shall be broken by length of last contin-
uous permanent County employment with remaining ties broken by random selection
among the employees involved.
11.8 Duration of Layoff and Reemployment Rights. The name of any person
laid off or granted reemployment privileges after application shall continue
on the appropriate list for a period of two (2) years. Persons placed on layoff
lists shall be continued on the list for an additional two years if application
for extension of eligibility is made before the expiration of the original
period of eligibility.
11.9 Certification of Persons From Layoff Lists. Layoff lists contain the
name(s) of persons laid off, displaced or demoted by displacement or volun-
tarily demoted in lieu of layoff or who have transferred in lieu of layoff or
displacement. When a request for personnel is received from the appointing
authority of a department, if a layoff list exists for the class, the appointing
authority shall receive and appoint the eligible highest on the layoff list from
that. department; or in the case that there is no layoff from that department,
the appointing authority shall receive and appoint the eligible highest on the
layoff list. However, if an eligible so certified is rejected during probation
19
0O
and restored to the layoff list, the rejected employee will not again be cer-
tified to the department from which rejected on probation unless the appointing
authority so requests. The Director of Personnel shall recommend to the Board
of Supervisors that a person employed from a layoff list be appointed at the
same step of that salary range the employee held on the day of layoff.
11.10` Removal of Names from Reem to ent and Layoff Lists. The Director of
Personnel may remove the name of any eligible from a reemployment or layoff list
for any reason listed below:
A. For any cause stipulated in Section 404.1 of the Personnel
Management Regulations.
B. On evidence that the eligible cannot be located by postal
authorities.
C. On receipt of a statement from the appointing authority or eligible
that the eligible declines certification or indicates no further
desire for appointment in the class.
D. If three offers of permanent appointment to the class for which the
eligible list was established have been declined by the eligible.
E. If five certifications for permanent appointment from an open
employment list, including certification to two different depart-
ments.
F. If the eligible fails to respond to the Director of Personnel or
the appointing authority within five (5) days to written notice of
certification mailed to the person' s last known address. Notice
shall be sent .to the person affected.
11.11 Association Notification. When it appears to the department head
and/or Employee Relations Officer that the Board of Supervisors may take action
which will result in the layoff of employees in .a representation unit repre-
sented by the Deputy Sheriffs ' Association, the Employee Relations Officer shall
notify the Association of the possibility of such layoffs and shall meet and
confer with it regarding the implementation of the action.
The County agrees to give employees ten (10) work days (eight [8] work days for
employees on the "4-10" workweek) notice of layoff except in cases of emergency.
20
0015
Section 12 - Holidays
12.1 The County will observe the following holidays:
A. Labor Day
Admission Day
Columbus Day
Veterans ' Day
Thanksgiving Day
Day After Thanksgiving
Christmas
New Years' Day
Martin Luther King's Birthday
Lincoln' s Day i
Washington 's Day
Memorial Day
Independence Day
Provided that for 1984 only, all court personnel (bailiffs and the .
transportation detail ) shall take off August 6, 1984 in lieu of
September 10, 1984 which is Admission Day.
Such other days as the Board of Supervisors may by resolution
designate as holidays.
I
12.2 The following provisions indicate how holiday credit is to be applied:
A. Employees on the five-day forty (410) hour Monday through Friday
work schedule shall be entitled to a holiday whenever a holiday is
observed pursuant to the schedule cited above.
I
B. Employees on a work schedule other than Monday through Friday shall
be entitled to credit for any holiday, whether worked or not,
observed by employees on the regular schedule; conversely, such
employees will not receive credit for any holiday not observed by
employees on the regular schedule evien though they work the holiday.
C. Permanent full time employees will be paid one and one-half (1-1/2)
times their basic salary rate for holidays actually worked.
The purpose of this plan is to equalize holidays between employees
on a regular work schedule and those on other work schedules.
If a holiday falls on the. days off of an employee on a schedule
other than Monday through Friday, the employee shall be given credit
for overtime or granted time off on the employee's next scheduled
work day. Employees who are not permitted to take holidays because
of the nature of their work are entitled to overtime pay as
specified by this Memorandum of Understanding.
21
If any holiday listed in Section 12.1 (A) above falls on a
Saturday, it shall be celebrated on the preceding Friday. If any
holiday listed in Section 12.1 (A) falls on a Sunday, it shall be
celebrated on the following Monday.
12.3 Permanent Part-Time Employees shall receive holiday credit :in the same
ratio to the holiday credit given full time employees as the number of hours per
week in the part-time employee's schedule bears to the number of hours in the
regular full-time schedule, regardless of whether the holiday falls on the part-
time employee's regular work day.
12.4 "4-10" Shift - Holidays.
A. Holiday Shift Pay. Each "4-10" shift employee who works a full
shift on a holiday shall receive time and one-half for the first
eight (8) hours worked in addition to two (2) hours regular pay for
the holiday.
Holiday shift pay shall be subject to provisions of Section 7 -
"Overtime".
B. Absence on Holiday. The maximum time charged to sick leave, vaca-
tion or leave without pay on a holiday shall be two (2) hours.
12.5 Accrual of Holiday Time. Employees entitled to overtime credit in
positionsich work around the clock shall be permitted to elect between pay at
the overtime rate or compensatory time off in recognition of holidays worked,
except that for the first two years of employment employees hired in classifica-
tions represented by the Deputy Sheriffs' Association after October 1, 1982 will
be required to receive compensatory time in lieu of paid holiday overtime. Such
compensatory time off, and the accumulation thereof shall be in addition to the
total vacation accumulation permitted under the terms of this Memorandum of
Understanding. The following procedures shall apply to this selection:
1. Any person who is eligible and who elects to accrue holiday time
must agree to do so for a full fiscal year (July 1 through June
30) , or the remainder thereof, unless otherwise specified by the
Board.
2. Holiday time shall be accrued at the rate of one and one-half (1 2)
times the actual hours worked to a maximum of eight (8) hours
worked by the employee.
3. Holiday time may not be accumulated in excess of two hundred
eighty-eight (288) working hours. Holiday time may be accrued up
to 288 hours, exclusive of regular vacation accruals. After 288
hours, holiday time shall be paid at the overtime rates as speci-
fied in Section 7.
4. Accrued holiday time may be taken off at times determined by mutual
agreement of the employee and the department head.
00159
22
5. Accrued holiday time shall be paid off only upon a change in status
of the employee such as separation, transfer to another department
or reassignment to a permanent-intermittent position.
12.6 Holidays & Court Appearances-Investigation Division.
1. When, in the Investigation Division, a holiday falls on either a Friday
or a Saturday and an employee's regularly scheduled day off is Friday,,
the employee will take the preceding Thursday off as a holiday. When a
holiday falls on either a Sunday or a Monday, and an employee' s regularly
scheduled day off is Monday, the employee will take the succeeding
Tuesday off. When an employee takes a Thursday or Tuesday off in lieu
of a Friday, Saturday, Sunday, or Monday falling on a holiday, the maxi-
mum time charged to vacation or accrued compensatory time shall be two
(2) hours.
2. Court time for appearance by employees regularly assigned to the
Investigation Division which fall on their regularly scheduled day off
or their off-duty time shall be processed and handled in accordance with
Section 7.3 of the Memorandum of Understanding. Each employee who is
advised by the Sheriff's Department to appear and who subsequently appears
in court shall submit an overtime card for the minimum set forth therein,
or the actual time of their appearance, if the actual time is greater.
The employee may request either compensatory time off or over-time pay
depending upon the employee's current sign-up request as set forth in
Section 7.2 (A) of the Memorandum of Understanding. Additionally, the
"side letter" dated December 1, 1982, signed by representatives of the
Deputy Sheriffs ' Association and the County detailing new work schedules
and other terms and conditions of employment will be included as an
attachment to the expanded memorandum of understanding.
Section 13 - Vacation Leave
13.1 Vacation Allowance. Employees in permanent positions are entitled to
vacation with pay. Accrual is based upon straight time hours of working time
per calendar month of service and begins on the date of appointment to a per-
manent position. Increased accruals begin on the first of the month following
the month in which the employee qualifies. Accrual for portions of a month
shall be in minimum amounts of one (1) hour calculated on the same basis as for
partial month compensation pursuant to Section 5.6 of this Memorandum of Under-
standing. Vacation credits may not be taken during the first six (6) months of
employment (not necessarily synonymous with probationary status) except where
sick leave has been exhausted; and none shall be allowed in excess of actual
accrual at the time vacation is taken.
13.2 Vacation Accrual Rates. For employees hired prior to January 1, 1983
the rates at which vacation credits accrue and the maximum accumulation thereof
are as follows:
23 0o 1
Monthly Maximum
Accrual Cumulative
Length of Service Hour Hours
Under 11 years 10 240
11 years 10 2/3 256
12 years 11 1/3 272
13 years 12 288
14 years 12 2/3 304
15 through 19 years 13 1/3 320
20 through 24 years 16 2/3 400
25 through 29 years 20 480
30 years and up 23 1/3 560
For employees hired on or after January 1, 1983, the rates at which vacation
credits accrue, and the maximum accumulation thereof, are as follows:
Monthly Maximum
Accrual Cumulative
Length of Service Hour Hours
Under 5 years 6 2/3 160
5 through 10 years 10 240
11 years 10 2/3 256
12 years 11 1/3 272
13 years 12 288
14 years 12 2/3 304
15 through 19 years 13 1/3 320
20 through 24 years 16 2/3 400
25 through 29 years 20 480
30 years and up 23 1/3 560
13.3 No employee who has been granted a leave without pay or unpaid mili-
tary leave shall accrue any vacation credit during the time of such leave, nor
shall an employee who is absent without pay accrue vacation credit during the
absence.
13.4 Vacation Allowance for Separated Employees. On separation from County
service, an employee shall be paid for any unused vacation credits at the
employee's then current pay rate.
13.5 Employees in permanent part-time and permanent-intermittent positions
shall accrue vacation benefits on a prorated basis as provided in Resolution
81/1165, Section 32-2.006.
Section 14 - Sick Leave
14.1 The purpose of paid sick leave is to insure employees against loss of
pay for temporary absences from work due to illness or injury. Sick Leave may
be used only as authorized; it is not paid time off which employees may use for
personal activities.
24 00161
14.2 Sick leave credits accrue at the rate of eight (8) working hours credit
for each completed month of service. Employees who work a portion of a month
are entitled to a pro rata share of the monthly sick leave credit computed on
the same basis as is partial month compensation.
Credits to and charges against sick leave are made in minimum amounts of one-
half (1/2) hour. Unused sick leave credits accumulate from year to year. When
an employee is separated, other than through retirement, accumulated sick leave
credits shall be cancelled, unless the separation results from layoff in which
case the accumulated credits shall be restored if the employee is reemployed in
a permanent position within the period of his layoff eligibility.
Upon retirement, an employee's accumulated sick leave shall be converted to
retirement time on the basis of one day of retirement service credit for each
day of accumulated sick leave credit.
Accumulated paid sick leave credits may be used, subject to appointing authority
approval, by an employee in pay status, but only in the following instances:
A. An employee may use paid sick leave credits when the employee is
off work because of a temporary illness or injury.
B. Sick leave may be used by permanently disabled employees until all
accruals of the employee have been exhaused or until the employee
is retired by the Retirement Board subject to the conditions listed
below. For the purposes of this Section 14 permanent disability
shall mean the employee suffers from a disabling physical injury. or
illness and is thereby prevented from engaging in any County occu-
pation for which he or she is qualified by reason of education,
training or experience. Sick leave credits may be used under this
provision only when the following requirements are met:
1. An application for retirement due to disability has been
filed with the Retirement Board; and
2. Satisfactory medical evidence of such disability is re-
ceived by the appointing authority within thirty (30) days
of the start of use of sick leave for permanent disability.
The appointing authority may review medical evidence and
order further examination as he deems necessary, and may
terminate use of sick leave when such further examination
demonstrates that the employee is not disabled, or when the
appointing authority determines that the medical evidence
submitted by the employee is insufficient, or where the
above conditions have not been met.
C. Communicable Disease. An employee may use paid sick leave credits
while under a physician' s orders to remain secluded due to exposure
to a communicable disease.
D. Sick Leave Utilization for Pregnancy Disability. Female employees
whose disability is caused or contributed to by pregnancy, mis-
carriage, abortion, childbirth, or recovery therefrom shall be
25 00162
allowed to utilize sick leave credit to the maximum accrued by
such employee during the period of such disability under the con-
ditions set forth below:
1. Application for such leave must be made by the_ employee to
the appointing authority accompanied by a written statement
of disability from the employee's attending physician. The
statement must address itself to the employee's general
physical condition having considered the nature of the work
performed by the employee, and it must indicate the date
of the commencement of the disability as well as the date
the physician anticipates the disability tQ terminate. The
appointing authority retains the right to medical review
of all requests for such leave.
2. If a female employee does not apply for sick leave and the
appointing authority believes that the employee is not
able to properly perform her work or that her general
health is impaired due to disability caused or contributed
to by pregnancy, mis-carriage, abortion, childbirth or
recovery therefrom, the employee shall be required to
undergo a physical examination by a physician selected by
the County, and the cost of such examination shall be
borne by the County. Should the medical report. so recom-
mend, a mandatory leave shall be imposed upon the employee
for the duration of the disability.
3. If all accrued sick leave has been utilized by the
employee the employee shall be considered on leave without
pay. Sick leave may not be utilized after the employee
been released from the hospital unless the employee has
provided the County with a written statement from her
attending physician stating that her disability continues
and the projected date of the employee's recovery from
such disability.
E. Medical and Dental Appointments. An employee may use paid sick
leave credits for medical and dental appointments as follows:
1. For working time used in keeping medical and dental
appointments for the employee's own care; and
2. Effective the first of the month following the execution
of this agreement, for working time (not over thirty-two
(32) hours in each fiscal year) used by an employee for
pre-scheduled medical and dental appointments for an imme-
diate family member living in the employee's home. Such
use of sick leave credits shall be accounted for by the
department on a fiscal year basis. Any balance of the
thirty-two (32) hours remaining at the end of the fiscal
year shall not be carried over to the next year; depart-
ments shall notify the employee if the maximum allowance
is reached. Authorization to use sick leave for this pur-
pose is contingent on availability of accumulated sick
leave credits; it is not an additional allotment of sick
leave which employees may charge.
26 0063
F. Emergency Care of Family. Effective the first of the month
following the execution of this Agreement, an employee may use paid
sick leave credits (up to three (3) days per incident, unless the
department Head approves more) for working time used in cases of
illness, or injury to, an immediate family member living in the
employee's home, if there is a real need for someone to render care
and no one else is available therefore, and if alternative arrange-
ments for the ill or injured person are immediately undertaken.
G. Death of Family Member. An employee may use said sick leave credits
for absence from work because of a death in the employee's immediate
family, but this shall not exceed three (3) working days plus up to
two (2) days of work time for necessary travel .
H. Definition of Immediate Family. For the purposes of this Section 14
the immediate family shall be restricted to the spouse, son, step-
son, daughter, stepdaughter, father, stepfather, mother, step-
mother, brother, sister, grandparent, grandchild, father-in-law,
mother-in-law, son-in-law, daughter-in-law, brother-in-law or
sister-in-law, of an employee.
14.3 Administration of Sick Leave. Accumulated paid sick leave credits
may not be used in the following situations:
1. Self-inflicted Injury. For time off from work for an employee's
illness or injury caused by his or her willful misconduct.
2. Vacation. For an employee's illness or injury while the employee
is on vacation except when extenuating circumstances exist and the
appointing authority approves.
3. Not in Pay Status. When the employee would otherwise be eligible
to use paid sick leave credits but is not in a pay status.
The proper administration of sick leave is a responsibility of the employee and
the department head. The following procedures apply:
A. Employees are responsible for notifying their respective division
of an absence as early as possible prior to the commencement of
their work shift and in accordance with divisional operational
requirements. Notification shall include the reason and possible
duration of the absence.
B. Employees are responsible for keeping their department informed of
their continuing condition and probable date of return to work.
C. Employees are responsible .for obtaining advance approval from their
appointing authority or designee for the schedule time of
prearranged personal or family medical and dental appointments.
The use of sick leave may be denied if these procedures are not followed. Abuse
of sick leave on the part of the employee is cause for disciplinary action. To
27 00t64
ascertain the propriety of claims against sick leave, the department head may
make. such investigations as he deems necessary including medical verification of
illness.
14.4 Disability.
A. An employee physically or mentally incapacitated for the perfor-
mance of duty is subject to dismissal, suspension or demotion, sub-
ject to the County Employees Retirement Law of 1937. An appointing
authority after giving notice may place an employee on leave if the
appointing authority has filed an application for disability
retirement for the employee, or whom the appointing authority
believes to be temporarily or permanently physically or mentally
incapacitated for the performance of the employees duties.
B. An appointing authority who has reasonable cause to believe that
there are physical or mental health conditions present in an
employee which endanger the health or safety of the employee, other
employees, or the public, or which impair the employee's performance
of duty, may order the employee to undergo at County expense and on
the employee's paid time, a physical, medical and/or psychiatric
exmination by a licensed physician and receive a report of the
findings on such examination. If the examining physician recommends
that treatment for physical or mental health problems, including
leave, are in the best interests of the employee or the County in
.relation to the employee overcoming any disability and/or performing
his or her duties the appointing authority may direct the employee
to take such leave and/or undergo such treatment.
C. Leave due to temporary or permanent disability shall be without
prejudice to the employee' s right to use sick leave, vacation, or
any other benefit to which the employee is entitled other than
regular salary. The Personnel Director may order lost pay restored
for good cause and subject to the employee's duty to mitigate damages.
D. Before an employee returns to work from any absence for illness or
injury, other leave of absence or disability leave, exceeding two
weeks in duration, the appointing authority may order the employee
to undergo at County expense a physical , medical, and/or
psychiatric examination by a licensed physician, and may consider a
report of the findings on such examination. If the report shows
that such employee is physically or mentally incapacitated for the
performance of duty, the appointing authority may take such action
as he deems necessary in accordance with appropriate provisions of
this Memorandum of Understanding.
14.5. Workers' Compensation.
A. State Labor Code 4850 Pay. Law enforcement officers as defined in
State Labor Code 4850 who are members of the Contra Costa County
Retirement System continue to receive full salary benefits in .lieu
of temporary disability during any absence from work which qualifies
for workers' compensation benefits.
OQ
�
28 65
Currently the maximum 114850 pay" is one year for any injury or
illness. To be eligible for this benefit the employee must be
under the care of a physician. All 4850 pay shall be approved by
the Personnel Department, Safety and Benefits Division.
B. Sick Leave and Vacation. Sick leave and vacation shall accrue in
accordance with the provision of State Labor Code 4850.
C. 4850 Pay Beyond One Year. If an injured employee remains eligible
for workers' compensation temporary disability benefits beyond one
year, full salary will continue by integrating sick leave and/or
vacation accruals with workers ' compensation benefits (use of vaca-
tion accruals must be approved by the department and the employee) .
If salary integration is no longer available because accruals are
exhausted, workers ' compensation benefits will be paid directly to
the employee as prescribed by workers' compensation laws.
D. Rehabilitation Integration. An injured employee who is eligible
for workers' compensation rehabilitation temporary disability bene-.
fits and who has exhausted "4850 pay" eligibility will continue to
receive full salary by integrating sick leave and/or vacation
accruals with workers' compensation rehabilitation temporary disa-
bility benefits. When these accruals are exhausted, the rehabili-
tation temporary disability benefits will be paid directly to the
employee as prescribed by workers' compensation laws.
E. Health Insurance. The County contribution to the employee's group
insurance plan(s) continues during the "4850 pay" period and during
integration of sick leave or vacation with workers' compensation
benefits.
F. Integration Formula. An employee's sick leave and/or vacation
charges shall be calculated as follows:
C = 8 [ 1 - (W .+•S)]
Where C = Sick leave or vacation charge per day (in hours)
W = Statutory workers' compensation for a month
S = Monthly salary
14.6 On May 26, 1981 the Board of Supervisors established a labor-
management committee to administer a rehabilitation program for disabled County
employees. It is understood that the benefits specified above in this Section
14 shall be coordinated with any disabled employee' s rehabilitation program.
14.7 No employee who has been granted a leave without pay or an unpaid
military leave shall accrue any sick leave credits during the time of such
leave nor shall an employee who is absent without pay, accrue sick leave credits
during the absence.
29 00166
Section 15 - Leave of Absence
15.1 Leave Without Pay. Any employee who has permanent status in the
classified service may be granted a leave of absence without pay upon written
request, approved by the appointing authority; provided,- however, that leaves
for pregnancy shall be granted in accordance with applicable state and federal
law.
Requests for leave without pay shall be made upon forms prescribed by the
Director of Personnel and shall state specifically the reason for the request,
the date when it is desired to begin the leave and the probable date of return.
A. Leave without pay may be granted for any of the following reasons:
1. Illness or disability;
2. pregnancy;
3. to take a course of study such as will increase his/her
usefulness on return to his/her position;
4. for other reasons or circumstances acceptable to the
appointing authority.
A leave without pay may be for a period not to exceed one (1) year,
provided the appointing authority may extend such leave for addi-
tional periods. Procedure in granting extensions shall be the same
as that in granting the original leave, provided that the request
for extension must be made not later than thirty (30) calendar days
before the expiration of the original leave.
Whenever an employee who has been granted a leave without pay
desires to return before the expiration of such leave, the employee
shall so request of the appointing authority in writing at least
fifteen (15) days in advance of the return for approval by the
appointing authority. The Personnel Department shall be notified
promptly of such return. Failure to submit timely written notice
may result in the employee not being permitted to return to work
until the required notice period has elapsed.
Except with respect to leave due to pregnancy, illness or disabi-
lity, the decision of the appointing authority on granting or
denying a leave of absence shall be subject to appeal to the
Personnel Director and not subject to appeal through the grievance
procedure set forth in Section 23 of this Memorandum of
Understanding.
15.2 Military Leave. Any employee in the merit system and who is required
to serve as a member of the State Militia or the United States Army, Navy, Air
Force, Marine Corps, Coast Guard or any division thereof shall be granted a
military leave for the period of such service, plus ninety (90) days. An
employee who volunteers for such service may be granted a leave of absence if
necessary in accordance with applicable state or federal laws. Upon termination
of such service or upon honorable discharge, the employee shall be entitled to
return to his/her position in the classified service provided such still exists
30 00167
and the employee is otherwise qualified, without any loss of standing of any.
kind whatsoever.
An employee who has been granted a military leave shall not, by reason of such .
absence, suffer, any loss of vacation, holiday, or sick leave privileges which
may be accrued at the time of such leave, nor shall the employee be prejudiced
thereby with reference to salary adjustments or continuation of employment. For
purposes of determining eligibility for salary adjustments or seniority in case
of layoff or promotional examination, time on military leave shall be considered
as time in County service.
Any employee who has been granted a military leave, may. upon return, be required
to furnish such evidence of performance of military service or of honorable
discharge as the Director of Personnel may deem necessary.
15.3 Leave of Absence Replacement. Any permanent employee in the merit
system who requests reinstatement to the classification held by the employee in
the same department at the time the employee was granted a leave of absence,
shall be reinstated to that classification and department and then only on the
basis of seniority.
In case of severance from service by reason of the reinstatement of a permanent
employee, the provisions of Section 11 (Layoff and Seniority) shall apply.
15.4 Salary Review While on Leave of Absence. The salary of an employee
who is on leave of absence from a County position on any anniversary date and
who has not been absent from the position on leave without pay more than six (6)
months during the preceding year shall receive salary increments that may accrue
to them during the period of military leave.
15.5 Unauthorized Absence. An unauthorized absence from the work site or
failure to report for duty after a leave request has been disapproved, revoked,
or cancelled by the appointing authority, or at the expiration of a leave shall
be without pay. Such absence may also be grounds for disciplinary action.
Section 16 - Jury Duty and Witness Duty
16.1 Jury Duty. If called for jury duty in a Municipal, Superior, or
Federal Court, or for a Coroner' s Jury, employees may remain in their regular
pay status, or they may take vacation leave or leave without pay and retain all
fees and expenses paid to them.
If an employee is called for jury duty and elects to remain in a regular pay
status and waive all fees (other than mileage allowances) received, the employee
shall obtain from the Clerk or Jury Commissioner a certificate which shall indi-
cate the days attended and the fact that fees other than mileage are waived.
The employee shall furnish the court certificate to his/her department, which
shall be retained as a department record. When serving jury duty in a federal
court, an employee shall return all fees (other than mileage allowance) received
to the County.
31
When an employee is called for jury duty and elects to retain all fees, the
employee must take vacation leave or leave without pay. No court certificate i,s
required in this instance.
Employees shall advise their department as soon as possible if scheduled to
appear for jury duty.
Permanent-intermittent employees are entitled paid jury duty leave only for
those days on which they were previously scheduled to work.
16.2 Witness Duty. Employees called upon as a witness or an expert witness
in a case arising in the course of their work or the work of another department
may remain in their regular pay status and turn over to the County all fees and
expenses paid to them other than mileage allowance or they may take vacation
leave or leave without pay and retain all fees and expenses.
Employees called to serve as witnesses in private cases or personal matters
(e.g. , accident suits and family relations) shall take vacation leave or leave
without pay and retain all witness fees paid to them.
Retention or waiver of fees shall be governed by the same provisions as apply to
jury duty as set forth in Section 16 of this Memorandum of Understanding.
Employees shall advise their department as soon as possible if scheduled to
appear for witness duty. Permanent intermittent employees are entitled to paid
witness duty only for those days on which they were previously scheduled to
work.
Section 17 - Health and Welfare, Life and Dental Care
17.1 The County will continue the existing County Group Health Plan program
of radical , dental and life insurance coverage through California Dental
Service, Safeguard Dental Plan, Aetna Life Insurance and the medical insurance
options of Kaiser-Permanente Foundation, Blue Cross of Northern California, the
Contra Costa County Health Plan, H.E.A.L.S. Health Plan and IPM Health Plan to
all permanent full-time and part-time employees regularly scheduled in positions
designated to work twenty (20) or more hours per week.
17.2 During the term of this Memorandum of Understanding, the County
intends to seek alternatives to the Blue cross Medical Plan by requesting that
health care companies submit bids on the cost of furnishing identical or similar
benefits as are provided under the Blue Cross Plan. The Union will be given an
opportunity to meet and confer on the coverage afforded under such identical or
similar plans before they are implemented.
The County will contribute 'up to the following monthly amounts toward the
existing County Group Health Plan Program:
32 00.469
County Contribution per Employee Contribution
Category Employee per Month: per Month:
Current 8/01/84 8/1/84
Kaiser Option
Employee Only (No Medicare)
No Dental $ 56.58 $ 65.18 $ 0
CDS 67.30 76.30 3.13
Safeguard 66.22 74.82 0
Family (No Medicare)
No Dental 131.32 149.32 $ 16.09
CDS 140.60 158.60 40.06
Safeguard 140.60 158.60 26.79
Blue Cross Option
Employee Only (No Medicare)
No Dental $ 80.00 $ 89.00 $ 99.64
CDS 67.30 76.30 126.59
Safeguard 67.30 76.30 121.98
Family (No Medicare)
No Dental $131.32 $149.32 $191.41
CDS 140.60 158.60 215.38
Safeguard 140.60 158.60 202.11
Contra Costa Health Plan Option
Employee Only (No Medicare)
No Dental $ 53.61 $ 61.48 $ .0
CDS 67.19 75.73 0
Safeguard 63.25 71.12 0
Family (No Medicare)
No Dental 131.32 149.32 5.84
CDS 140.60 158.60 29.81
Safeguard 140.60 158.60 16.54
H.E.A.L.S. Health Plan Option
Employee Only (No Medicare)
No Dental $ 68.00 $ 77.00 $ 5.17
CDS 67.30 76.30 20.12
Safeguard 67.30 76.30 15.51
Family (No Medicare)
No Dental 131.32 149.32 $ 35.63
CDS 140.60 158.60 59.60
Safeguard 140.60 158.60 46.33
33
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IPM Health Plan Option
Employee Only .(No Medicare)
No Dental $ 56.05 $ 64.29 $ 0
CDS 62.63 71.63 6.91
Safeguard 62.63 71.63 2.30
Family (No Medicare)
No Dental 131.32 149.32 $ 44.24
CDS 140.00 158.00 68.81
Safeguard 140.00 158,00 55.54
All rates shown above include life insurance coverage. The rates effective
8/1/84 are based on the County contributing up to a maximum of nine dollars
($9.00) per month for a single subscriber and eighteen dollars ($18.00) per
month for a subscriber with dependents.
Any increase in the rates listed above in the Health Plan costs that occur
during the duration of this Memorandum of Understanding shall be borne by the
employee.
The County's contribution to the Health Plan premium is payable for any month in
which the employee is paid. If an employee is not paid enough compensation in
a month to pay the employee share of the premium, the employee must make up the
difference by remitting the amount delinquent to the Auditor-Controller. The
responsibility for this payment rests with the employee. If payment is not
made, the employee shall be dropped from the Health Plan. An employee is thus
covered by the Health Plan for the month in which compensation is paid.
An employee who is on approved leave of absence may convert to individual Health
Plan coverage within thirty (30) days of the commencement of leave.
Corresponding Medicare rates for employees covered under this Memorandum of
Understanding shall be as follows: for Employee Only on Medicare by taking the
Employee Only rate for the option selected and subtracting the monthly Part B
Medicare premium withheld from Social Security payments for one enrollee; for
Employee and Dependent(s) with one member on Medicare by taking the Employee and
Dependent(s) rate for the option selected and subtracting the monthly Part B
Medicare premium withheld from Social Security payments for one enrollee; for
Employee and Dependent(s) with two members on Medicare by taking the Employee
and Dependent(s) rate for the option selected and subtracting the monthly Part B
Medicare premium withheld from Social Security payments for two enrollees. An
employee who terminates County employment who has earned compensation for actual
time worked or is credited for time worked through vacation or sick leave
accruals, is only covered through the month in which he/she is credited with
compensation. An employee who terminates County employment may convert to indi-
vidual Health Plan coverage. Upon retirement, employees may remain in the same
County group medical plan if immedately before their retirement they are either
active subscribers to one of the County Group Medical Plans or if on authorized
leave of absence without pay they have retained individual conversion membership
from one of the County plans.
34
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• •
Employees shall be allowed to maintain their Health Plan coverage at the County
group rate for twelve (12) months if on approved medical leave of absence pro-
vided that. the employee shall pay the entire premium (i.e. , both employer and
employee share) for the Health Plan during said leave. Said payment shall be
made by the employee at a time and place specified by the County. Late payment
shall result in cancellation of Health Plan coverage.
If a husband and wife both work for the County and one of them is laid off, the
remaining eligible shall be allowed to enroll or transfer into the health
coverage combination of his/her choice.
An eligible employee who is no longer covered for medical or dental coverage
through a spouse's coverage shall be allowed to enroll or transfer into the
health coverage combination of his/her choice within thirty (30) days of the
date coverage is no longer afforded under the spouse's plan.
An employee who terminates County employment who has earned compensation for
actual time worked or is credited for time worked through vacation or sick leave
accruals, is only covered through the month in which he is credited with
compensation. An employee who terminates County employment may convert to
individual Health Plan coverage.
Upon retirement, employees may remain in the same County group medical plan
and/or dental plan if immedately before their retirement they are either active
subscribers to one of the County Group Medical or Dental Plans or if on
authorized leave of absence without pay they have retained individual conversion
membership from one of the County plans.
Section 18 - Probationary Period
18.1 Duration. All appointments from officially promulgated employment
lists for original entrance or promotion shall be subject to a probationary
period. This period shall be from six (5) months to two (2) years duration.
18.2 Listed below are those classes represented by the Association which
have probation periods in excess of six (6) months.
Deputy Sheriff - one (1) year
Deputy Sheriff Criminalist I - one (1) year
Deputy Sheriff Criminalist II - one (1) year
Deputy Sheriff Criminatlist III - one (1) year
18.3 When the probationary period for a class is changed, only new
appointees to positions in the classification shall be subject to the revised
probationary period.
18.4 The probationary period shall commence from the date of appointment.
It shall not include time served in provisional or temporary appointments or
any period of continuous absence exceeding fifteen (15) calendar days, except
as otherwise provided in the Personnel Management Regulations or by law.
For those employees appointed to permanent-intermittent positions with a six (6)
months probation period, probation will be considered completed upon serving
35
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one thousand (1,000) hours after appointment except that in no instance will
this period be less than six (6) calendar months from the beginning of probation.
If a permanent-intermittent probationary employee is reassigned to full-time,
credit toward probation completion in the full-time position shall be prorated
on the basis of one hundred seventy-three (173) hours per month.
18.5 Rejection During Probation. An employee who is rejected during- the
probation period and restored to the eligible list shall begin a new proba
tionary period if subsequently certified and appointed.
A. Appeal from rejection. Notwithstanding any other provisions of
this section, an employee (probationer) shall have the right to
appeal from any rejection during the probationary period based
on political or religious affiliations or opinions, union
activities, or race, color, national origin, sex, age, handicap
or sexual orientation.
B. The appeal must be written, must be signed by the employee and set
forth the grounds and facts by which it is claimed that grounds for
appeal exist under subsection (A) and must be filed through the
Director of Personnel to the Merit Board by 5:00 p.m. on the 7th
calendar day after the date of delivery to the employee of notice
of rejection.
C. The Merit Board shall consider the appeal, and if it finds probable
cause to believe that the rejection may have been based on grounds
prohibited in subsection (A) , it may refer the matter to a Hearing
Officer for hearing, recommended findings of fact, conclusions of
law and decision, pursuant to the relevant provisions of the Merit
Board rules in which proceedings the rejected probationer has the
burden of proof.
D. If the Merit Board finds no probable cause for a hearing, it shall
deny the appeal . If, after hearing, the Merit Board upholds the
appeal , it shall direct that the appellant be reinstated in the
position and the appellant shall begin a new probationary period
unless the Merit Board specifically reinstates the former period.
18.6 Regular Appointment. The regular appointment of a probationary
employee shall begin on the day following the end of the probationary period,
subject to the condition that the Director of Personnel receive from the
appointing authority a statement in writing that the services of the employee
during the probationary period were satisfactory and that the employee is recom-
mended for permanent appointment. A probationary employee may be rejected at
any time during the probation period without regard to the Skelly provisions of
this Memorandum of Understanding, without notice and without right of appeal or
hearing. If the appointing authority has not returned the probation report, or
the appointing authority fails to submit in a timely manner the proper written
documents certifying that a probationary employee has served in a satisfactory
manner and later acknowledges it was his or her intention to do so, the regular
appointment shall begin on the day following the end of the probationary period.
36 00173
Notwithstanding any other provisions of the Memorandum of Understanding, an
employee rejected during the probation period from a position in the Merit
System to which the employee had been promoted or transferred from an eligible
list, shall be restored to a position in the department from which the employee
was promoted or transferred.
An employee dismissed for other than disciplinary reasons within six (6) months
after being promoted or transferred from a position in the Merit System to . a
position not included in the Merit System shall be restored to a position in the
classification in the department from which the employee was promoted or
transferred.
A probationary employee who has been rejected or has resigned during probation
shall not be restored to the eligible list from which the employee was certified
unless the employee receives the affirmative recommendation from the appointing
authority and is certified by the Personnel Director whose decision is final .
The Director of Personnel shall not certify the name of a person restored to the
eligible list to the same appointing authority by whom the person was rejected
from the same eligible list, unless such certification is requested in writing
by the appointing authority.
18.7 Layoff During Probation. An employee who is laid off during probation,
if reemployed in the same class by the same department, shall be required to
complete only the balance of the required probation.
If reemployed in another department or in another classification, the employee
shall serve a full probationary period. An employee appointed to a permanent
position from a layoff or reemployment list is subject to a probation period if
the position is in a department other than the department form which the
employee separated, displaced, or voluntarily demoted in lieu of layoff. An
appointment from a layoff or reemployment list is not subject to a probation
period if the position is in the department from which the employee separated,
displaced or voluntarily demoted in lieu of layoff.
18.8 Rejection During Probation of Laid toff Employee. An employee who has
achieved permanent status in the class before layoff and who subsequently is
appointed from the layoff list shall begin a new probation period if subsequently
certified and appointed in a different department or classification than that
from which the employee was laid off. If the employee is rejected during the
probation period, the employee shall be automatically restored to the layoff
list, unless discharged for cause, if the rejection occurs within the employee' s
period of layoff eligibility.
Section 19 - Promotion
19:1 Promotion shall be by competitive examination unless otherwise provided
in this Memorandum of Understanding.
19.2 Promotion Policy. The Director of Personnel , upon request of an
appointing authority, shall determine whether an examination is to be called on
a promotional basis.
37 ®®�74
19.3 Open Exam. If an examination for one of the classes represented by .
the Association is proposed to be announced on an Open only basis the Director
of Personnel shall give five (5) days prior notice of such proposed announcement
and shall meet at the request of the Association to discuss the reasons for,
such open announcement.
19.4 Promotion via Reclassification without Examination. Notwithstanding
other provisions of this Section, an employee may be promoted from one
classification to a higher classification and his position reclassified at the
request of the appointing authority and under the following conditions:
A. An evaluation of the position(s) in question - must show that the
duties and responsibilities have significantly increased and
constitute a higher level of work.
B. The incumbent of the position must have performed at the higher
level for one (1) year.
C.. The incumbent must meet the minimum education and experience
requirements for the higher class.
D. The action must have approval of the Personnel Director.
E. The Association approves such action.
The appropriate rules regarding probationary status and salary on promotion are
applicable.
19.5 Requirements for Promotional Standing. In order to qualify for an
examination called on a promotional basis, an employee must have probationary or
permanent status in the merit system and must possess the minimum qualifications
for the class. Applicants will be admitted to promotional examinations only if
the requirements are met on or before the final filing date. If an employee who
is qualified on a promotional employment list is separated from the merit system,
except by layoff, the employee's name shall be removed from the promotional
list.
19.6 Seniority Credits. ' Employees who have qualified to take promotional
examinations and who have earned a total score, not including seniority credits,
of seventy percent (70%) or more, shall receive, in addition to all other
credits, five one-hundredths of one percent ( .05%) for each completed month of
service as a permanent County employee continuously preceding the final date for
filing application for said examination. For purposes of seniority credits,
leaves of absence shall be considered as service. Seniority credits shall be
included in the final percentage score from which the rank on the promotional
list is determined. No employee, however, shall receive more than a total of
five percent (5%) credit for seniority in any promotional examination.
19.7 County employees who are required as part of the promotional
examination process to take a physical examination shall do so on County time at
County expense.
38
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Section 20 - Transfer
20.1 The following conditions are required in order to qualify for
transfer:
A. The position shall be in the same class, or if in a different class
shall have been determined by the Director of Personnel to be
appropriate for transfer on the basis of minimum qualifications and
qualifying procedure;
B. the employee shall have permanent status in the merit system and
shall be in good standing;
C. the appointing authority or authorities involved in the transaction
shall have indicated their agreement in writing;
D. the employee concerned shall have indicated agreement to the change
in writing;
E. the Director of Personnel shall have approved the change.
Notwithstanding the foregoing, transfer may also be accomplished through the
regular appointment procedure provided that the individual desiring transfer has
eligibility on a list for a class for which appointment is being considered.
20.2 Any employee or appointing authority who desires to initiate a
transfer may inform the Director of Personnel in writing of such desire stating
the reasons therefore. The Director of Personnel shall , if he considers that
the reasons are adequate and that the transfer will be for the good of the
County service and the parties involved, inform the appointing authority or
authorities concerned and the employee of the proposal and may take the ini-
tiative in accomplishing the transfer.
Section 21 - Resignations
An employee' s voluntary termination of service is a resignation. Written
resignations shall be forwarded to the Personnel Department by the appointing
authority immediately on receipt, and shall indicate the effective date of ter-
mination. Oral resignation shall be immediately confirmed by the appointing
authority in writing to the employee and to the Personnel Department and shall
indicate the effective date of termination.
21.1 Resignation in Good Standing. A resignation giving the appointing
authority written notice at least two (2) weeks in advance of the last date of
service (unless the appointing authority requires a longer period of notice, or
consents to the employee's terminating on shorter notice) is a resignation in
good standing.
21.2 Constructive Resignation., A constructive resignation occurs and is
effective when:
A. An employee has been absent from duty for five (5) consecutive
working days without leave, and;
39 ' +
B. Five (5) more consecutive work days have elapsed without response
by the employee after the mailing of a notice of resignation by the
appointing authority to the employee at the employee's last known
address.
21.3 Effective Resignation. A resignation is effective when delivered or
spoken to the appointing authority, operative either on that date or another
date specified.
21.4 Revocation. A resignation that is effective is revocable only by
written concurrence of the employee and the appointing authority.
21.5 Coerced Resignations.
A. Time Limit. A resignation which the employee believes has been
coerced by the appointing authority may be revoked within seven (7)
calendar days after its expression, by serving written notice on
the Director of Personnel and a copy on the appointing authority.
B. Reinstatement. If the appointing authority acknowledges that the
employee could have believed that the resignation was coerced, it
shall be revoked and the employee returned to duty effective on the
day following the appointing authority's acknowledgement without
loss of seniority or pay.
C. Contest. Unless, within seven (7) days of the receipt of the
notice, the appointing authority acknowledges that the resignation
could have been believed to be coerced, this question should be
handled as an appeal to the Merit Board. In the alternative, the
employee may file a written election with the Director of Personnel
waiving the employee's right of appeal to the Merit Board in favor
of the employee's appeal rights under the grievance procedure con-
tained in Section 23 of the Memorandum of Understanding beginning
with Step C.
D. . Disposition. If a final decision is rendered that determines that
the resignation was coerced, the resignation shall be deemed
revoked and the employee returned to duty effective on the ' day
following the decision but without loss of seniority or pay, sub-
ject to the employee's duty to mitigate damages.
Section 22 - Dismissal , Suspension and Demotion
22.1 The appointing authority may dismiss, suspend or demote any employee
for cause. The following are sufficient causes for such action; the list is
indicative rather than inclusive of restrictions and dismissal , suspension or
demotion may- be based on reasons other than those specifically mentioned:
40 00177
1. absence without leave,
2. conviction of any criminal act involving moral turpitude,
3. conduct tending to bring the merit system and/or Office of the
Sheriff-Coroner into disrepute,
4. disorderly or immoral conduct,
5. incompetence or inefficiency,
6. insubordination,
7. being at work under the influence of liquor or drugs, carrying onto
the premises liquor or drugs or consuming or using liquor or drugs
during work hours and/or on County premises,
8. neglect of duty, (i .e. non-performance of assigned responsibilities,
9. negligent or willful damage to public property or waste of public
supplies or equipment,
10. violation of any lawful or reasonable regulation or order given by
a supervisor or department head,
11. willful violation of any of the provisions of the merit system
ordinance or Personnel Management Regulations,
12. material and intentional misrepresentation or concealment of any
fact in connection with obtaining employment,
13. misappropriation of County funds or property,
14. unreasonable failure or refusal to undergo any physical, medical,
and/or psychiatric exam and/or treatment authorized by this
Memorandum of Understanding,
15. dishonesty or theft,
16. excessive or unexcused absenteeism and/or tardiness,
17. sexual harassment, including but not limited to unwelcome sexual
advances, requests for sexual favors, and other verbal , or physical
conduct of a sexual nature, when such conduct has the purpose or
effect of affecting employment decisions concerning an individual ,
or unreasonably interfering with an individual 's work performance,
or creating an intimidating and hostile working environment.
22.2 Skelly Requirements - Notice of Proposed Action (Skelly Notice) .
Before taking adisciplinary action to dismiss, suspend, for more than five 5)
work days (four (4] work days for employees on "4-10" work week) , or demote an
employee, the appointing authority shall cause to be served personally or by
certified mail , on the employee, a Notice of Proposed Action, which shall con-
tain the following:
A. A statement of the action proposed to be taken.
B. ' A copy of the charges; including the acts or ommissions and grounds
upon which the action is based.
C. If it is claimed that the employee has violated a rule or regulation
of the County, department or district, a copy of said rule shall be
included with the notice.
D. A statement that the employee may review and request copies of
materials upon which the proposed action is based.
E. A statement that the employee has seven (7) calendar days to
respond to the appointing authority either orally or in writing. 0 0178
41
Employee Response. The employee upon whom a Notice of Proposed Action has been,
served shall have seven (7) calendar days to respond to the appointing authority
either orally or in writing before the proposed action may be taken. Upon
request of the employee and for good cause, the appointing authority may extend
in writing the period to respond. If the employee's response is not filed
within seven (7) days or during any extension, the right to respond is lost.
22.3 Leave Pending Employee Response. Pending response to a Notice of
Proposed Act on within the first seven (7) days or extension thereof, the
appointing authority for cause specified in writing may place the employee on
temporary leave of absence, with pay.
22.4 Suspensions without pay shall not exceed thirty (30) days unless
ordered by an arbitrator, an adjustment board or the Merit Board. The thirty
(30) day limit does not apply to suspension due to pending criminal charges as
provided in 22.5 below.
22.5 Notice of Suspension Without Pay Dueto Pending Criminal Charges.
Before suspen ing an employee due to pending criminal charges, the appointing
authority shall cause to be served either personally or by certified mail , on
the employee, a Notice of Suspension Due to Pending Criminal Charges, which
shall contain the following:
A. A statement that the employee is suspended while criminal charges
are pending or until the charges are dismissed.
B. A statement of the charges upon which the suspension is based and
of the facts by which such charges adversely affect the County ser-
vice or conflict with continued employment.
C. A statement that the employee may respond to the appointing
authority either orally or in writing within seven (7) calendar
days.
D. A statment that disciplinary action may be taken after disposition
of the charges.
E. The Notice of Suspension Due to Pending Criminal Charges may
include a Notice of Proposed Action (Skelly Notice) under Section
22.2.
F. An appointing authority, upon giving notice as provided in this
Section 22, may immediately suspend without pay an employee against
whom there is pending a criminal charge which adversely affects the
County service or conflicts with continued employment. Pending
criminal charges exist when an employee has been arrested or has
been named a defendant in a criminal complaint or indictement filed
any court.
G. The Personnel Director may order lost pay restored for good cause,
and subject to the employee's duty to mitigate damages, but riot. if
the employee 1) is given a Notice of Proposed Action (Skelly
42 00179
Notice) and 2) is dismissed or otherwise disciplined for cause
directly related to the charges within fourteen (14) calendar days
after the appointing authority has knowledge of final disposition
of the charges.
22.6 Procedure on Dismissal , Suspension or Disciplinary Demotion.
A. In any disciplinary action to dismiss, suspend, or demote an
employee having permanent status in a position in the merit system
after having complied with the Skelly requirements where appli-
cable, the appointing authority shall make an order in writing
stating specifically the causes for the action.-
B. Service of Order. Said order of dismissal , suspension, or demotion
shall be filed with the Director of Personnel , showing by whom and
the date a copy was served upon the employee to be dismissed,
suspended or demoted, either personally or by certified mail to the
employee's last known mailing address. The order shall be effec-
tive either upon personal service or deposit in the U.S. Postal
Service.
C. Employee Appeals from Order. The employee may appeal an order of
dismissal , suspension or demotion either to the Merit Board or
through the procedures of Section 23 - Grievance Procedure of this
Memorandum of Understanding provided that such appeal is filed in
writing with the Personnel Director within ten (10) calendar days
after service of said order. An employee may not both appeal to
the Merit Board and file a grievance under Section 23 of this
Memorandum of Understanding.
Section 23 - Grievance Procedure
23.1 A grievance is any dispute which involves the interpretation or
application of any provision of this Memorandum of Understanding excluding,
however, those provisions of this Memorandum of Understanding which specifically
provide that the decision of any County official shall be final, the interpre-
tation or application of those provisions not being subject to the grievance
procedure. The Association may represent the employee at any stage of the
process. Grievances must be filed within thirty (30) days of the incident or
occurence about which the employee claims to have a grievance and shall be
processed in the following manner:
A. Step 1. Any employee or group of employees who believes that a
provision of this Memorandum of Understanding has been misin-
terpreted or misapplied to his or her detriment shall discuss the
complaint with the employee's immediate supervisor, who shall meet
with the employee within five (5) days of receipt of a written
request to hold such meeting.
B. Step 2. If a grievance is not satisfactorily resolved in Step 1
above, the employee may submit the grievance in writing within
ten (10) work days to such management official as the department
43 00
head may designate. This formal written grievance shall state
which provision of the Memorandum of Understanding has been
misinterpreted or misapplied, how misapplication or misinterpre-
tation has affected him or her to his or her detriment, and the
redress he or she seeks. A copy of each written communication on
a grievance shall be filed with the Director of Personnel . The
department head or his or her designee shall have ten (10) work
days in which to respond to the grievance in writing.
C. Step 3. If a grievance is not satisfactorily resolved in Step 2
above, the -employee may appeal in writing within seven (7) work
days to the Personnel Director. The Personnel Director or designee
shall have twenty (20) work days in which to investigate the merit
of the complaint and to meet with the department head and the
employee and attempt to settle the grievance and respond in
writing.
D. Step 4. No grievance may be processed under this Step 4 which has
not first been filed and investigated in accordance with paragraph
(c) above and filed within 7 work days of the written response of
the Personnel Director designee. If the parties are unable to
reach a mutually satisfactory accord on any grievance which arises
and is presented during the term of this Memorandum of Understand-
ing, such grievance shall be submitted in writing within seven (7)
work days to an Adjustment Board comprised of three (3) Association
representatives, no more than two (2) of whom shall be either an
employee of the County or an elected or appointed official of the
Association presenting this grievance, and three (3) representatives
of the County, no more than two (2) of whom shall be either an
employee of the County or a member of the staff or an organization
employed to represent the County in the meeting and conferring
process. The Adjustment Board shall meet and render a decision
within twenty (20) work days of receipt of the written request.
E. Step 5. If an Adjustment Board is unable to arrive at a majority
decision, either the employee (or the County, when alleging a
violation of Section 23.5) may require that the grievance be referred
to an impartial arbitrator who shall be designated by mutual agree-
ment between the employee and the Personnel Director. Such request
shall be submitted within twenty (20) work days of the rendering of
the Adjustment Board decision. Within 20 days of the request for
arbitration the parties shall mutually select an arbitrator. The ,
fees and expenses of the arbitrator' and of the Court Reporter shall
be shared equally by the employee and the County. Each party,
however, shall bear the costs of its own presentation, including
preparation and post hearing briefs, if any.
23.3 An official , with whom a formal grievance is filed by a grievant who
is included in a unit represented by the Association, but is not represented by
the Association in the grievance, shall give the Association a copy of the for-
mal presentation.
44
00 .8
23.4 Compensation Complaints. All complaints involving or concerning the
payment of compensation shall be initially filed in writing with the Personnel
Director. Only complaints which allege that employees are not being compen-
sated in accordance with the provisions of this Memorandum of Understanding
shall be considered as grievances. Any other matters of compensation are to be
resolved in the meeting and conferring process, if not detailed in the
Memorandum of Understanding which results from such meeting and conferring pro-
cess shall be deemed withdrawn until the meeting and conferring process is next
opened for such discussion. No adjustment shall be retroactive for more than
six (6) months from the date upon which the complaint was filed.
No change in this Memorandum of Understanding or interpretations thereof (except
interpretations resulting from Adjustment Board proceedings hereunder) will be
recognized unless agreed to by the County and the Association.
23.5 No Strike. During the term of this Memorandum of Understanding, the
Association, its members and representatives, agree that it and they will not
engage in, authorize, sanction, or support any strike, slowdown, stoppage of
work, sickout, or refuse to perform customary duties.
In the case of a legally declared lawful strike against a private or public sec-
tor employer which has been sanctioned and approved by the labor body or council
having jurisdiction, an employee who is in danger of physical harm shall not be
required to cross the picket line, provided the employee advises his or her
supervisor as soon as possible, and provided further that an employee may be
required to cross a picket line where the performance of his or her duties is of
an emergency nature and/or failure to perform such duties might cause or aggra-
vate a danger to public health or safety.
23.6 Merit Board.
A. All grievances of employees in representation units represented by
the Association shall be processed under Section 23 unless the
employee elects to apply to the Merit Board on matters within its
jurisdiction.
B. No action under Paragraph C and D of Subsection 23.1 above shall be
taken if action on the complaint or grievance has been taken by the
Merit Board, or if the complaint or grievance is pending before the
Merit Board.
23.7 The Association may file a grievance at Step 3 on behalf of affected
employees when action by the County Administrator or the Board of Supervisors
violates a provision of this Memorandum of Understanding.
23.8 Letters of reprimand are subject to the grievance procedure but shall
not be processed past Step 3 unless said letters are used in a subsequent
discharge, suspension or demotion of the employee.
23.9 Corrective Counselling System. The Corrective Counselling System is a
method of training and counselling employees in an effort to improve behavior
and performance without the negative effects of lasting disciplinary measures.
45 00182
It will hereafter consist of three phases, or levels, with procedures and policies
for administration developed within the Department. Placement into the Corrective
Counselling System is not subject to the grievance procedure.
An employee placed into a Phase of the Corrective Counseling System may appeal
the placement through a formal department hearing process. Following are the
guidelines and procedures to be utilized in the process.
1. Hearing Officer. The phase placement appeal will be heard by
The Assistant Sheriff not in the employee's direct chain of
command, hereafter referred to as the Hearing Officer. The
Hearing Officer has the authority to set aside the phase place-
ment completely or decrease the phase to any lower level .
2. Notification of Intent to Appeal . Upon receipt of the Phase
memo, the affected employee has seven calendar days to deliver
written documentation of an intent to appeal the phase place-
ment. The "intent to appeal" memo is to be addressed to the
Hearing Officer, with a copy to the employee's Division
Commander. The appeal process defers the starting date of the
phase period.
3. Hearing Date. Upon receipt of the "intent to appeal" memo,
the Hearing Officer will schedule a hearing date and notify
the affected employee at least seven calendar days prior to
the hearing date. The hearing date shall be within twenty-one
calendar days of the Hearing Officer's receipt of the "intent
to appeal" unless one of the primary parties involved is un-
available, in which case the hearing will be scheduled as soon
as practical upon the return to work of the parties.
4. The Hearing.
A. For Phase I and II actions, the employee may submit a
written request for hearing to the Assistant Sheriff not
in the employee' s chain of command. The Assistant Sheriff
will review the request and determine if there is a basis
for a formal hearing. An alternate informal process exists
which would allow the employee and his/her representative
to meet and discuss the phase placement in accordance with
the established open door policy of the Department.
B. For Phase III appeals, the Assistant Sheriff will determine
the parties to be present at the hearing, except that the
affected employee will be present, and a maximum of two
representatives of the employee's choice.
C. In general , witnesses will not be called or allowed;
however, the affected employee may submit written state-
ments from the employee (or others) which will support the
appeal .
46 � ���
D. The entire appeal hearing will be tape recorded. The tape
will be kept (and be available) in the Administration
Division, and will be erased when the phase is no longer.
in effect. Upon his request and at his expense, the
employee may tape the hearing.
E. The Assistant Sheriff will weigh all testimony and attempt
to determine the facts surrounding the phase placement.
5. Results.
A. The Hearing Officer will report his decision in a brief
memo to the employee within five business days of the hearing.
B. If the decision upholds the original recommendation or
decreases the phase level , the phase period begins on the
date of the Hearing Officer's decision.
C. If the Hearing Officer determines that a phase was not
appropriate, all reference to the phase incident and
hearing will be immediately purged from the personnel
file, and the Hearing Officer's written decision will be
sent to the affected employee.
Section 24 - Training Officer Program
Effective the first full pay period ( i .e. the 10th of the month) following Board
of Supervisor's ratification of this agreement an employee designated as a
training officer shall be paid One Hundred Dollars ($100.00) per month, in addi-
tion to the salary .each employee is receiving in the classification of Deputy
Sheriff for each month, provided that in order to receive said One Hundred
($100.00) , an employee must be designated as a training officer prior to the
first of the month, it being further understood that the designation as a
training officer shall be at the sole discretion of the Sheriff.
Training Officer assignments are for a one year period; each year current
training officers must be re-evaluated for one of the available Training Officer
positions. The Sheriff may utilize Training Officers for specialized details or
assignments when the officer is not scheduled with a trainee. The provisions of
Section 10 apply as to any reassignments of Training Officers.
Section 25 - Retirement Contribution
Pursuant to Government Code Section 31581 .1, the County will continue to pay
fifty percent (50%) of the retirement contributions normally required of
employees. Such payments shall continue for the duration of this Memorandum of
Understanding, and shall terminate thereafter. Employees shall be responsible
for payment of the employees ' contribution for the retirement cost of living
program as determined by the Board of Retirement of the Contra Costa County
Employees ' Retirement Association without the County paying any part of the
employees ' share. The County will pay the remaining one-half (1/2) of the
retirement cost-of-living program contribution.
47 00184
Section 26 - Safety
The County shall expend every effort to see to it that the work performed under
the terms and conditions of this Memorandum of Understanding is performed with a
maximum degree of safety consistent with the requirement to conduct efficient
operations.
Section 27 - Mileage
Effective October 1, 1982 mileage allowance for the use of personal vehicles on
County business shall be paid according to the following per month formula:
1 - 400 miles $ .22 per mile
401 - plus miles .16 per mile
The above rates shall be adjusted to reflect an increase or decrease in the cost
of gasoline which shall be determined as provided below on the basis of the
average price for "gasoline, all types" per gallon as listed in Table 5,
"Gasoline Average Prices per gallon, U.S. City Average and Selected Areas" for
the San Francisco-Oakland California area published by the Bureau of Labor
Statistics, U.S. Department of Labor, hereinafter referred to as the "Energy
Report."
The above mileage rates shall be increased or decreased by one cent (lc) for
each fifteen cents (15c) increase or decrease in the base price for gasoline
which shall be defined as the average price of gasoline per gallon for July,
1979 as published in the Energy Report. Any such rate increase or decrease
shall be effective the first of the month following publication of the index.
The mileage rate increase or decrease based on the Energy report shall be con-
tingent upon the continued availability of the official monthly Energy Report in
its present form and calculated on the same basis unless otherwise agreed upon
by the parties.
Section 28 - Pay Warrant Errors
If an employee receives a pay warrant which has an error in the amount of com-
pensation to be received and if this error occurred as a result of a mistake by
the Auditor-Controller 's Department, it is the policy of the Auditor-Controller's
department that the error will be corrected and a new warrant issued within 48
hours, exclusive of Saturdays, Sundays and holidays from the time the department
is made aware of and verifies that the pay warrant is in error.
Pay errors discovered by the County on or after August 1, 1984 found in employee
pay shall be correced as soon as possible as to current pay rate but that no
recovery of either overpayments or underpayments to an employee shall be made
retroactively except for the six (5) month period immediately preceding dis-
covery of the pay error. This provision shall apply regardless of whether the
error was made by the employee, the appointing authority or designee, the
Director of Personnel or designee, or the Auditor-Controller or designee.
Recovery of fraudulently accrued over or underpayments are excluded from this
section for both parties.
48 �����
When the County notifies an employee of an overpayment and proposed repayment
schedule and the employee wishes to meet with the County, a meeting will be held
at which time a repayment schedule shall be determined.
If requested by the employee, an Association representative may be present at a
meeting with management to discuss a repayment schedule inthe case of over-
payments to the employee.
Section 29 Provisional Appointment
Whenever an appointing authority makes a request for personnel to fill a position
in a class for which no reemployment or employment list is available, or in a
class for which no eligible of insufficient eligibles to complete the certifica-
tion will accept appointment to the position, the Director of Personnel may
authorize the appointing authority to appoint any person who possesses the
minimum qualifications for the class as set forth in the class specifications,
provided that the names .of eligibles available and the names of persons who have
indicated their intention to take the next examination for the class shall be
referred to the appointing authority at the time authorization is issued.
In no case shall a permanent position be filled by a provisional appointment for
a period esceeding six (6) calendar months except under the following
conditions:
1. If an examination has been announced for the class and
recruitment of applicants is in process, the Director of
Personnel may authorize a continuatin of provisional appoint-
meets until an eligible list is established.
2. In case of a provisional appointment to a permanent position
vacated by a leave of absence, such provisional appointment
may be continued for the duration of said leave.
A provisional appointment shall be terminated within thirty (30) days after the
date of certification of eligibles from an appropriate eligible list.
All decisions of the Director of Personnel relative to provisional appointments
are final and not subject to the grievance procedure.
Before filling a position by a provisional appointment, the appointing authority
shall post notice and shall consider current qualified employees for the
appointment. Only if there are sufficient internal applicants to constitute a
full certification may the appointing authority consider applicants from outside
County service.
Section 30 Personnel Files
An employee shall have the right to inspect and review any official record(s)
relating to his or her performance as an employee or to a grievance concerning
the employee which is kept or maintained by the County in the employee's person-
nel file in the Personnel Department or in the employee's personnal file in
their department. The contents of such records shall be made available to the
49 00 8f;
employee for inspection and review at reasonable intervals during the regular
business hours of the County.
The County shall provide an opportunity for the employee to respond in writing
to any information which is in the employee's personnel file about which he or
she disagrees. Such response shall become a permanent part of the employee' s
personnal record. The employee shall be responsible for providing the written
responses to be included as part of the employee' s official personnel file.
This section does not apply to the records of an employee relating to the
investigation of a possible criminal offense, medical records and information or
letters of reference.
All documents pertaining to disciplinary actions shall be placed in an official
personnel file maintained by the Personnel Department or in an official personnel
file maintained by their department. Copies of written reprimands or memoranda
pertaining to an employee' s unsatisfactory performance which are to be placed in
the employee' s personnel file shall be given to an employee who shall have the
right to respond in writing to said documents. Letters of reprimand are subject
to the grievance procedure but shall not be processed past Step 3 unless said
letters are used in a subsequent discharge, suspension or demotion of the
employee. Copies of letters of commendation which are to be placed in the
employee's personnel file will be given to the employee. Employees have the
right to review their official personnel files which are maintained in the
Personnel Department or by their department. In a case involving a grievance or
disciplinary action, the employee's designated representative may also review
his or her personnel file with specific written authorization from the employee.
Section 31 - Service Awards
The County shall continue its present policy with respect to service awards
including time off; provided, however, that the type of award given shall be at
the sole discretion of the County.
Section 32 - Reimbursement for Meal Expenses
Employees shall be reimburses for meal expenses under the following circumstances
and in the amount specified:
1. When the employee is required to. be out of his/her regular or nor-
mal work area during a meal hour because of a particular work
assignment and with prior approval of the department head or his
designee.
2. When the employee is required to stay over to attend consecutive or
continuing afternoon and night sessions of a board or commission.
3. When the employee is required to incur expenses as host for offi-
cial guests of the County, work as members of examining boards,
official visitors, and speakers or honored guests at banquets or
other official functions.
4. When the employee is required to work three or more hours of
overtime; in this case he or she may be reimbursed in accordance
with the Administrative Bulletin on Expense Reimbursement.
�0 001
46
v
Meal costs will be reimbursed only when eaten away from home or away from the
facility in the case of employees at 24-hour institutions.
Procedures and definitions relative to reimbursement for meal expenses shall be
in accordance with the Administrative Bulletin on Expense Reimbursement.
Section 33 —Compensation for Loss or Damage to Personal Property
The loss or damage to personal property of employees is subject to reimbursement
under the following conditions.
1. The loss or damage must result from an event which is not normally
encountered or anticipated on the job and which is not subject to
the control of the employee.
2. Ordinary wear and tear of personal property used on the job is not
compensated.
3. Employee tools or equipment provided without the express approval
of the department head and automobiles are excluded from
reimbursement.
4. The loss or damage must have occurred in the line of duty.
5. The loss or damage was not a result of negligence or lack of proper
care by the employee.
6. The personal property was necessarily worn or carried by the
employee in order to adequately fulfill the duties and requirements
of the job.
7. The loss or damage to an employee' s dentures or other prosthetic
devices did not occur simultaneously with a job connected injury
covered by workers ' compensation.
8. The amount of reimbursement shall be limited to the actual cost to
repair damages. Reimbursement for items damaged beyond repair
shall be limited to the actual value of the item at the time of
loss or damage but not more than the original cost.
9. The burden of proof of loss rests with the employee.
10. Claims for reimbursement must be processed in accordance with the
Administrative Bulletin on Compensation for Loss or Damage to
Personal Property.
Section 34 - Unfair Labor Practice
Either the County or the Association may file an unfair labor practice as
defined in Chapter 34-22 of the Board of Supervisors Resolution 81/1165 against
the other. Allegations of an unfair labor practice, if not resolved in
discussions between the parties, may be heard by a mutually agreed upon impar-
tial third party.
51 ��-
0
Section 35 - Length of Service Definition (for service awards and vacation
accruals
-The length of service credits of each employee of the County shall date from the
beginning of the last period of continuous County employment (including temporary,
provisional , and permanent status, and absences on approved leave of absence) .
When an employee separates from a permanent position in good standing and within
two years is reemployed in a permanent County position, service credits shall
include all credits accumulated at time of separation, but shall not include the
period of separation. The Personnel Director shall determine these matters
based on the employee status records in the Personnel Department.
Section 36 - Permanent Part-Time Employee Benefits
Permanent part-time employees receive prorated vacation and sick leave benefits.
They are eligible for health, dental and life insurance benefits at corresponding
premium rates providing they work at least 50% of full time. If the employee
works at least 50% of full time, County retirement participation is also
included.
Section 37 - Permanent Intermittent Employee Benefits
Permanent intermittent employees are eligible for prorated vacation and sick
leave benefits.
Section 38 - Permanent Intermittent Employees Health Plan
Effective October 1, 1982 a permanent intermittent employee represented by the
Deputy Sheriffs ' Association may participate in the County Group Health Plan
wholly at the employee' s expense. The County will not contribute to the
employee' s monthly premium. The employee will be responsible for paying the
monthly premium appropriately and punctually. Failure to meet the premium
deadline will mean automatic and immediate withdrawal from the County Group
Health Plan and reinstatement may only be effectuated during the annual open
enrollment period.
Section 39 - Provisional Employee Benefits
Provisional employees, who are not permanent employees of the County immediately
prior to their provisional appointment, are eligible for vacation and sick leave
benefits.
Effective October 1, 1982, said provisional employees may participate in the
County Group Health Plan wholly at the employee' s expense. The County will not
contribute to the employee' s monthly premium. The employee will be responsible
for paying the monthly premium appropriately and punctually. Failure to meet
the premium deadline will mean automatic and immediate withdrawal from the
County Group Health Plan and reinstatement may only be effectuated during the
annual open enrollment period.
52
Section 40 - Lunch Period
Employees assigned to either the Investigation Division or the Criminalistics
Laboratory may select either a 2 hour or 1 hour lunch period, it being under-
stood that such selection should be for periods of no less than three (3)
months; it being further understood that the Department retains the right to
assign starting times.
Section 41 - Canine Allowance
Officers assigned to the Canine Unit who are responsible for the feeding and
care of canines shall receive $100 per month.
Section 42 - Uniform Allowance
The monthly uniform allowance for employees in the classification of Deputy
Sheriff and Sergeant shall be Thirty-five Dollars ($35.00) effective October 1,
1982.
Section 43 - Peace Officer Training
43.1 Incentive Program - Purposes. In accordance with the policies
expressed in Penal Code Sections 13500 and following and Chapter 2 of Title 11
of the California Administrative Code (Sections 1000 and following) ; and to
attract law enforcement officers with high education standards, to broaden the
professional experience of present officers and to maintain a high quality
police service to cope with increased demands placed upon this function, there
is established the following career incentive program, which provides a career
incentive allowance based on two and one-half percent of base pay for possessing
the first P.O.S.T. certificate (intermediate or advanced) not required by the
minimal qualifications of the class and an additional allowance based on two and
one-half percent of base pay per month for possessing a second P.O.S.T. cer-
tificate (advanced) not required by the minimal qualifications of the class.
43.2 Incentive Program - Definitions. Unless otherwise specified or
required by the context the following terms have the following meanings.
A. "Officer" means any peace officer member of the sheriff's depart-
ment, district attorney's office, marshals' offices or constable' s
office, who has successfully completed at least one probationary
period and who occupies a permanent full-time position, in pay
status, as a peace officer in this County.
B. "Intermediate peace officers standards and training certificate"
and "advanced peace officer standards and training certificate"
have the meanings defined in the regulations of the Commission on
Peace Officer Standards and Training of the California State
Department of Justice. (P.O.S.T.)
43.3 Incentive Program - Intermediate Certificate. Every officer below
the class of: Lieutenant in the Sheriff's Separtment, District Attorney Senior .
Inspector in the District Attorney' s Office or Marshal I in a Marshal 's Office .
53
00130
shall receive a career incentive allowance of two and one-half percent of base
pay per month for the possession of a valid intermediate P.O.S.T. certificate.
43.4 Incentive Program - Advanced Certificate. Every officer up to and
including the class of: Lieutenant in the Sheriff's Department, District Attor-
ney Senior Inspector in the District Attorney's Office or Deputy Marshal II in a
Marshal 's Office shall receive a career incentive allowance of two and one-half
percent of base pay per month for the possession of a valid advanced P.O.S.T.
certificate.
43.5 Incentive Program - Pay Status. These allowances shall be in addition
to regular compensation and shall not be considered part of the base pay for
payroll computation purposes.
43.6 Incentive Program - Continued Eligibility.. Notwithstanding Sections
43.3 and 417,, in order to remain e igi e for career incentive allowances, each
employee shall , after attaining the required certificate(s) , show continuing
professional development by each year successfully completing at least sixty
hours of approved education or training or at least three approved college
semester units of credit, or an approved combination thereof, conforming to his
current or anticipated duties which are necessary and of direct value to the
county and relevant to his general field of work.
43.7 Incentive Program - Exceptions to Continued Eligibility.
A. An officer otherwise entitled to the allowance under Section 43.3
need not meet the requirements of Section 43.6 if he has a
bachelor' s degree from an accredited college or university.
B. An officer otherwise entitled to the allowance under Section 43.3
need not meet the requirements of Section 43.6 if he has a master' s
degree from an accredited college or university.
43.8 Incentive Program - Post-graduate Training.
A. Every officer below the class of Lieutenant in the Sheriff' s
Department, District Attorney Supervising Inspector in the District
Attorney's Office, or Marshal in a Marshal 's Office, who has a
valid intermediate P.O.S.T. certificate and a bachelor' s degree
from an accredited college or university, and who continues his
education as provided in Section 43.6, shall receive, in lieu of
any other allowance under this article and section, a career incen-
tive allowance of three and one-half percent of base pay per month.
B. Every officer up to and including the class of Lieutenant in the
Sheriff's Department, District Attorney Supervising Inspector or
Marshal in a Marshal 's Office who has a valid advanced P.O.S.T.
certificate a master' s degree from an accredited college or univer-
sity, and who continues his education as provided in Section 43.6
shall receive, in lieu of any other allowance under this article
and section, a career incentive allowance of seven and one-half
percent of base pay per month.
54 00191
43.9 Incentive Program - Exceptions to Program.
A. Additional Training.
The allowance shall be paid under Sections 43.1 through 43.10 for
any education or training taken and/or completed by an officer
after attaining an intermediate P.O.S.T. certificate unless on his
own time and at no cost to the County.
B. Class Specifications. No allowance shall be paid under Sections
43.1 through 43.10 for possessing a P.O.S.T. certificate required
by the minimum qualifications of the class in which the officer has
permanent status.
43.10 Incentive Program - .Administrator's Regulations. The County Adminis-
trator shall promulgate regulations to effectuate Sections 43.1 through 43.10.
Section 44 - Adoption
The provisions of this Memorandum of Understanding shall be made applicable on
the dates indicated and upon approval by the Board of. Supervisors. Resolutions
and Ordinances, where necessary, shall be prepared and adopted in order to
implement these provisions. It is understood that where it is determined that
an Ordinance is required to implement any of the foregoing provisions, said pro-
visions shall become effective upon the first day of the month following thirty
(30) days after such Ordinance is adopted.
Section 45 - Scope of Agreement and Separability of Provision
45.1 Scope of Agreement. Except as otherwise specifically provided herein,
this Memorandum of Understanding fully and completely incorporates the under-
standing of the parties hereto and constitutes the sole and entire agreement
between the parties in any and all matters subject to meet and confer. Neither
party shall , during the term of this Memorandum of Understanding, demand any
change herein, provided that nothing herein shall prohibit the parties from
changing the terms of this Memorandum of Understanding by mutual agreement.
45.2 Separability of Provisions. Should any section, clause or provision
of this Memorandum of Understanding be declared illegal , unlawful or unenforce-
able, by final judgment of a court of competent jurisdiction, such invalidation
of such section, clause or provision shall not invalidate the remaining portions
hereof, and such remaining portions shall remain in full force and effect for
the duration of this Memorandum of Understanding.
45.3 Personnel Management Regulations. Where a specific provision contained
in a section of this Memorandum of Understanding conflicts with a specific pro-
vision contained in a section of the Personnel Management Regulations, the
provision of this Memorandum of Understanding shall prevail . It is recognized,
however, that certain provisions of the Personnel Management Regulations may be
supplementary to the provisions of this Memorandum of Understanding or deal with
matters not within the scope of representation and as such remain in full force
and effect.
55
�0J
45.4 Duration of A reement. This Agreement shall continue in full force
and effect from October 1, 1983 to and including June 30, 1985. Said Agreement
shall automatically renew from year to year thereafter unless either party gives
written notice to the other prior to sixty (60) days from the aforesaid termi-
nation date of its intention to amend, modify or terminate the agreement.
Section 46 - Past Practices and Existing Memoranda of Understanding
Continuance of working conditions and past practices not specifically authorized
by ordinance or by resolution of the Board of Supervisors is not guaranteed by
this Memorandum of Understanding; provided, however, that only during the term
of this Memorandum of Understanding which expires June 30, 1985, the Association
may claim a violation of a past practice. If the Association can demonstrate
that such past practice exists by virtue of having been acknowledged and agreed
to by Management and representatives of the Association or by employees repre-
sented by the Association who reach agreement with the Department Head , on .a
specific policy covering a group of employees such as a reassignment policy, the
alleged violation of said past practice will be subject to the grievance proce-
dure. Those practices which have been agreed to by Management and not approved
by the Department Head must be confirmed and approved by the Department Head
within six (6) months from the below execution date of this Memorandum of
Understanding in order to be considered a past practice pursuant to this
provision.
Date: - i '� r�r
Deputy Sheriffs' Association Contra Costa County
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CLASS 6 SALARY LISTING
EXHIBIT A
DEPUTY SHERIFF ' S UNIT
CLASS LEVEL SALARY RANGE CLASS TITLE
6DW2 . C3 — 1304 1845. 00 — 2034.00 . . CRIMINALIST I — PROJECT
6XWA . C5 — 1495 2025. 00 — 2462.00 . . DEPUTY SHERIFF
6XW2 . C5 — 1495 2025. 00 — 2462. 00 . . DEPUTY SHERIFF — PROJECT
6DWA . C3 — 1440 a 2114.00 — 2330. 00 . . DEPUTY SHERIFF—CRIMINALIST I.
6DT8 . C5 — 1769 2664. 00 — 3238 .00 DEPUTY SHERIFF—CRIMINALIST III
6DV8 . C5 — 1623 2302. 00 — 2798. 00 . . DEPUTY SHERIFF—CRIMINALIST 11
6X7A . Cl — 1076 FLAT — 1620.00 . . DEPUTY SHERIFF—RECRUIT
6XTA . C5 — 1641 2344. 00 — 2849. 00 . . SERGEANT
6XT1 . C5 — 1641 2344 . 00 — 2849 ,00 . . SERGEANT—PROJECT
0019
ATTACHMENT A
The Deputy Sheriffs ' Association and the County understand that the meet and
confer process with respect to the conditions of employment for project
classifications is unique and therefore differs from other regular classes
represented by the Sheriffs ' Association in the following respects..
1. Project employees are not covered by the Merit .System;
2. Project employees may be terminated at any time without regard .
to the provisions of this. Memorandum of Understanding, and without
right of appeal or hearing or recourse to the grievance procedure
specified herein;
3. Any provision of this Memorandum of Understanding which pertains to
layoff or seniority are not applicable to project employees.