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MINUTES - 08281984 - 1.25
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on August 28, 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 Contra ) 84/ 521 Costa County Appraiser's Association ) The Contra Costa County Board of Supervisors RESOLVES THAT: 1. On August 28, 1984, the Employee Relations Officer submitted the Memorandum of Understanding dated August 21, 1984, entered into with the Contra Costa County Appraiser's Association and the following unit represented by the Association: Property Appraiser's Unit 2. This Board having thoroughly considered said Memorandum of Understanding, the same is approved. 3. Salaries and Terms and Conditions of Employment, Contra Costa County Appraiser's Association. The Memorandum of Understanding with the Contra Costa County Appraiser's Association is attached hereto, marked Exhibit A; and Section Numbers 1 through 40 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 28, 1984. ;f 72�jC8f t�!r lhxs si�i3 i3 Fi trt:t ar4id Corrscl copy ;in �ic3Rars takr_n and 9r -ri t cn tt7f mik;,��tee Ot the j' board Of Sufic rrEs; . a3t ^t;t�^. ATTESTED: and ex ofilcio Clerk of the Board By Depulty Orig: Personnel Department County Administrator County Counsel Auditor-Controller Contra Costa County Appraiser's Association I.E.D.A:/via Personnel Assessor RESOLUTION NO . 84/521 00090 I/ Memorandum of Understanding Between ►`�. Contra Costa County And Contra Costa County Appraiser's Association This Memorandum of Understanding is entered into pursuant to the authority contained in Division 34 of 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 Resolution 81/1165. 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 Union 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 July 1, 1983 and ending September 30, 1985. Definitions : A. "Appointing Authority" means Department Head unless otherwise pro- vided by statute or ordinance. B. "Association" means Contra Costa County Appraiser 's Association. 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 sante descrip- tive title may be used to designate each position allocated to the group. D. "Class Title" means the designation given to a class, to each posi- tion 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 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. 1 00091 G.' "Director of Personnel" means the person designated by the County Administrator to serve as the Assistant County i` 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 this 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 involun- tarily separated by layoff or displacement or have voluntarily demoted in lieu of layoff. 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 interrup- tion, 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. 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 2 PUESOLUT ION NQ, gY1sa/ 00092 .r 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" mans 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" 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 reap- pointment under the Personnel Management .Regulations governing reemployment. U. "Resignation" means the voluntary termination of permanent employment with the County. V. "Temporary Employment" mans 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" 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 pian 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 representation unit(s) listed below, and such organization has been certified as such pursuant to Chapter 34-12 of Board Resolution 81/1165. A. Property Appraiser's Unit Section 2 - Association Security 2.1 Dues Deduction. Pursuant to Chapter 34-26 of Board 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. 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 2.3. 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 00093 2.2 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 2.3. 2.3 Withdrawal of Membership. By notifying the Auditor-Controller's Department in writing, between May 2 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 list of the employees who have rescinded their authorization for dues deduction. 2.4 Communicating With Employees. The Association shall be allowed to use designated portions of bulletin boards or display areas in 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 pla- ces of meetings 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 Department Head or designated representative; 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 4 00094 representative in charge of the work area, and the visit will not interfere with County services. - 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 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 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 classification is represented' by the Association and the name of a represen- tative 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 List of Employees with Dues Deduction. The County shall provide the Association with a monthly list of employees who are paying dues to the Association. 5 RIC,2�,OLUTION NO- 00095 2.9 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 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 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 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 discri- mination because of age. There shall be no discrimination against any han- dicapped person solely because of such handicap unless that handicap prevents the person from meeting the minimum standards established for the position or from carrying out the duties of the position safely or in a manner that does not endanger the health of such person. 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 testimony or other reasons; C. If their attendance is required for meetings, schedule at reason- able times agreeable to all parties, required for settlement of grievances filed pursuant to Section 23 (Grievance Procedure) of this Memorandum; 6 00096 D. If they are designated as an official representative, in which case they may utilize a reasonable time at each level of the proceed- ings 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 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 mat- ters within the scope of representation, provided that the number of such repre- sentatives 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 Effective October 1, 1984 the salary range for each represented classi- fication shall be increased 59 levels on the County Salary Schedule and shall be as set forth in Attachment A which is attached hereto and made a part hereof. Effective October 1, 1984 the salary ranges for the following classifica- tions shall be increased an additional 17 levels. The total increase will be 76 levels: 1. Appraiser Analyst 2. Assistant Appraiser 3. Auditor Appraiser II 4. Senior Appraiser Analyst 5.2 If during the term 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. 5.3 Entrance Salary. New employees shall generally be appointed at the minimum step of the salary range established for the particular class of posi- tion to which the appointment is made. However, the appointing authority may fill a particular position at a step above the minimum of the range. 5.4 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 7 00097 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 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 5.4 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. E. 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 year 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 anniversary is one (1) year after the first calendar day of that month. 5.5 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 5.4 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 8 00098 herein shall be construed to make the granting of increments mandatory on the County. If an operating 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, said advancement shall be made retroactive to the first of the month when eligible. 5.6 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. 5.7 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. 5.8 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 5.10 - Salary on Promotion. 5.9 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 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 9 00099 salary schedule, apart from the general salary increase or decrease described in 5.9A 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 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 5.9. 5.10 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 5.13, 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. 5.11 Salary on Appointment from a Layoff List. In the event of the appointment 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. 5.12 Salary on involuntary Demotion. Any employee who is demoted, except as provided under Section 5. 3, 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. 10 00100 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. 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. 5.13 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, new salary shall be set at the step next below former salary. 5.14 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. Whenever a permanent employee transfers to or from a deep class, as provided in the appropriate deep class resolutions, the salary of that employee shall be set as provided in the deep class resolutions at a step not to exceed a 5% increase in the employee's base salary. However, if the deep class transfer occurs to or from a deep class with specified levels identified for certain positions and their incumbents, the employee's salary in the new class shall be set in accordance with the section on "salary on promotion" if the employee is transferring to another class or to a level in a deep class for which the salary is at least 5% above the top step of the deep class level or class in which they have status currently. 5.15 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 5.10 Salary on Promotion of this Memorandum, commencing on the twenty-first 2 st 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. 11 00101 4. Pay for work in a higher classification shall not be utilized as a substitute for regular promotional procedures provided in this . Memorandum. 5. Higher pay assignments shall not exceed six (6) months except through reauthorization. 6. 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. 7. Any incentives (e.g. , the education incentive) and special dif- ferentials (e.g. , bilingual differential and hazardous duty differential) accruing to the employee in his/her permanent posi- tion shall continue. 8. During the period of work for higher pay in a higher classifica- tion, an employee will retain his/her permanent classification, and anniversary and salary review dates will be determined by time in that classification. 9. 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. 5.16 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 5.15 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. 5.17 Pay Warrant Errors: If an employee receives a pay warrant which has an error in the amount of compensation to be received and if this error occurred 12 00102 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 July 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 month period immediately preceding discovery of the pay error. A repayment schedule not to exceed 6 months will be mutually agreed to between the employee and the Auditor-Controller or designee. 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 fradulently accrued over or underpayments are excluded from this section for both parties. 5.18. 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 com- parable 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 to fund comparable worth adjustments. D. Analyze the County salary plan and recommend to the County which bench mark classifications should be included in addressing com- parable worth in the meet and confer process. Section 6 - Days and Hours of Work 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 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 13 00_103 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 Union prior to implementing said new shift. It is agreed that a "9/80" work schedule will continue subject to the agreement between the Assessor' s Department and the Appraiser's Association dated June 27, 1984. Full-time employees in the Property Appraiser's Unit may select a one-half hour lunch period, resulting in work hours of 8:00 a.m. - 4:30 p.m. or 8:30 a.m. - 5:00 p.m. , subject to the following conditions: A. All of the employees in the same work crew shall have the same starting and quitting times. B. If the one-half hour lunch period is selected, said selection shall remain in effect for a period of at least three (3) months unless otherwise approved by the Department Head. C. The exercise of this selection shall be governed by the needs of the department and an employee's or employees ' work hours may be changed at the sole discretion of the Department Head to meet such needs. D. The one-half hour lunch period option shall be initiated on a trial basis during which its impact on department operations will be assessed. If the department determines that this option is unsa- tisfactory, the department shall notify the Association of its intent to discontinue the option and give the Association the opportunity to discuss such discontinuance prior to terminating the option. 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 (not including shift and other special differentials) . 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. 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 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 14 104 Section 12.5 of this Memorandum of Understanding. Regular, overtime for 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. Employees shall make a choice, which will remain in effect for a period of one fiscal year July 1 - June 30. Eligible employees must notify their Department Head or his/her designee of their intention to accrue compensatory time off at least seven (7) calendar days prior to July 1 of each year. 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, after the list has been compiled, will be paid for authorized overtime hours worked until the pre- paration of the next annual list, unless such employees specifi- cally request in writing to the Department Head or his designee that they be placed on the list currently in effect. 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 sixty (60) hours. Once a sixty (60) hour balance has been attained, authorized overtime hours will be paid at the overtime rate. If the employee's balance falls below sixty (60) hours, the employee shall again accrue compensatory time off for authorized overtime hours worked until the employee's balance again reaches sixty (60) 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 sixty (60) hours. F. Employees may not use more than sixty (60) hours of compensatory time off in any fiscal year period (July 1 - June 30) without the approval of the Department Head or designee. G. The use of accrued compensatory time off shall be by mutual agreement 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 eli- gible to receive, for time worked, either overtime payment or com- pensatory 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. 15 00105 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: I. 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 time- keeping procedures to administer this Section. 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. An employee assigned to on-call time shall be paid one (1) hour of straight time credit for each four (4) hours on such on-call time unless otherwise provided in the supplemental sections of this Agreement. Where on-call arrangements exist, the Department Head shall designate which employees are on-call unless otherwise provided in the supplemental sections of this Agreement. Section 10 - Shift Differential In the hours which qualify for shift differential , employees shall receive five percent (5%) above their base salary rate. To qualify for shift differential , an employee must have a regularly assigned daily work schedule which requires: 16 00106 A. Completion of more than one and one-half (1-1/2) hours over the normal actual working time; or B. At least four (4) hours of actual working time from 5:00 P.M. through 9:00 a.m. inclusive. However, employees who have been regularly working a shift qualifying for shift differential imme- diately preceding the commencement of a vacation, paid sick leave period, paid disability or other paid leave, will have shift dif- ferential 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. 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 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 11.3A, or (2) in a class of the same or lower 17 00107 salary level as providedin Section 11.2B 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 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, as provided in Section 305.2 of the County's Personnel Management Regulations, 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 included 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 Eliqibility for La off 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 aid 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 18 0008 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 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 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 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 authori- ties. 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 if the class has permanent positions in more than one depart- ment, 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 19 00. 09 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 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. 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 's Day Washington's Day Memorial Day Independence Day Such other days as the Board of Supervisors may by resolution designate as holidays. B. Each full time employee shall accrue two (2) hours of personal holiday credit per month. Such personal holiday time may be taken in increments of one-half (1/2) 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-day 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. C. For all employees, if a work day falls on a scheduled holiday they shall receive overtime pay or equivalent compensatory time credit (holiday credit) for working the holiday: or if a holiday falls on the day off of an employee, the employee shall be given straight 20 0010 time pay or equivalent compensatory time credit and unless other- wise provided for in other Sections of this Agreement. D. 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 assigned to units or services on a shift operational cycle which includes a Saturday or Sunday as designated by the appointing authority (rather than Monday through Friday 8 hours per day or a designated 4-10 or 9-80 schedule) 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 hol iday credit given ful 1-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. For all employees, if a work day falls on a scheduled holiday they shall receive overtime pay or equivalent compensatory time credit (holiday credit) for working the holiday for the first eight (8) hours worked; or if a holiday falls on the day off of an employee, the employee shall be given straight time pay or equivalent compensatory time credit for eight (8) hours. 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 "9-80" Shift Holidays. A. Holiday Shift Pay. For all employees, if a work day falls on a scheduled holiday, they shall receive overtime pay or equivalent time credit (holiday credit) for working the holiday for the first eight (8) hours worked; or if a holiday falls on the day off of an employee, the employee shall be given straight time pay or equiva- lent time credit for eight (8) hours. B. Absence on Holiday. The maximum time charged to sick leave, vaca- tion, or eave without pay on a holiday shall be one (1) hour. 12.6 Accrual of Holiday Time and Credit. Employees entitled to holiday credit shall be permitted to elect between pay or compensatory time off in recognition of holidays worked. A. Any person who is eligible and who elects to accrue holiday credit must agree to do so for a full fiscal year (July 1 through June 30) , or the remainder thereof. B. Employees starting work after a list of those electing to accrue holiday credit has been submitted to the Auditor and approved, will 21 00111 be paid overtime unless they specifically request in writing within seven (7) calendar days to be placed on the holiday credit accrual list. C. Holiday credit shall be accrued at the rate specified above to a maximum of eight (8) hours worked by the employee. D. Accrued holiday credit may not be accumulated in excess of two- hundred eighty-eight (288) working hours, exclusive of regular vacation accruals. After 288 hours, holiday time shall be paid at. he rates specified above. E. Accrued holiday credit may be taken off at times determined by mutual agreement of the employee and the department head. F. Accrued holiday credit shall be paid off only upon a change in sta- tus of the employee such as separation, transfer to another depart- ment or reassignment to a permanent-intermittent position. 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 5.7 of this Memorandum of Understanding. Vacation credits may not be taken during the first 6 calendar months of employment (not necessarily synonymous with probationary status) except where sick leave is exhausted; and none shall be allowed in excess of actual accrual at the time vacation is taken. Vacation may be taken in incre- ments of 1/2 hours. 13.2 Vacation Accrual Rates. For employees hired prior to October 1, 1979 the rates at which vacation credits accrue and the maximum accumulation thereof are as follows: Monthly Maximum Accrual Cumulative Length of Service Hours 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 22 00112 For employees hired on or after October 1, 1979, the rates at which vacation credits accrue, and the maximum accumulation thereof, are as follows: Monthly Maximum Accrual Cumulative Length of Service Hours 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 Employees in permanent part-time and permanent-intermittent positions shall accrue vacation benefits on a pro-rata basis as provided in Section 36-1.006 of Board Resolution No. 81/1165. 13.3 Employees who are rehired and have their service bridged in accordance with the provisions of this Memorandum of Understanding shall accrue vacation in accordance with the accrual formula for employees hired after October 1, 1979. However, prior service time which has been bridged shall count toward longevity accrual . 13.4 No employee who has been granted a 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. 13.5 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. 13.6 Preference of vacation shall be given to employees according to their seniority in their department as reasonably as possible unless otherwise provided in the supplemental sections of this Agreement, or other departmental policies. 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. 23 00.1.13 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 disabi- lity shall mean the employee suffers from a disabling physical injury or illness and is thereby prevented from engaging in any County occupation 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 received by the appointing authority within thirty (30) days of the start of use of sick leave for permanent disa- bility. The appointing authority may review medical evi- dence and order further examination as he deems necessary, and may terminate use of sick leave when such further exa- mination demonstrates that the employee is not disabled, or when the appointing authority determines that the medi- cal 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 Preqnancy Disabilit . Female employees w ose disability is cause or contri ute 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 24 00114 the appointing authority accompanied by a written state- ment of disability from the employee's attending physi- cian. 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 physicial 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 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 recov- ery 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. 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) work days per incident, unless 25 0011.5. 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 . 14:3 Administration of Sick Leave. Accumulated paid sick leave credits may not be used in the following situations: 1. Vacation. For an employee's illness or injury while the employee is on vacation except when extenuating circumstances exist and the appointing authority approves. 2. 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 department of an absence as early as possible prior to the commencement of their work shift or not later than 30 minutes thereafter if possible. Notification shall include the reason and possible duration of the absence. For purposes of this subsection "A" employees of depart- ments which publish other notification policies shall be subject to those policies. 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 ascertain the propriety of claims against sick leave, Department Heads may make such investigations as they deem necessary. 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 26 00116 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 perfor- mance of duty, may order the employee to undergo at County expense and on the employees paid time a physical, medical and/or psychiatric examination by a licensed physician and receive a report of the findings on such examination. If the examining phy- sician 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. 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 pur- poses 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 compen- sation is payable on the first three (3) days of disability when the injury necessitates hospitalization, or when the disability exceeds twenty-one (21) days. 27 00-117 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. C. 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 Department, 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 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. 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 bene- fits and whose disability is medically permanent and stationary will continue to receive full salary by 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. Method of Integration. An employee's sick leave and/or vacation charges shall be calculated as follows: C = 8 [1 - (W ; S)j 28 00118 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, grand- parent, 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 coor- dinated 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. 14.9 Disability Insurance Review Committee. The County shall establish aisa i ity Insurance Review Committee cnsisting of one repre- sentative from each employee organization and four management represen- tatives to review and recommend to the Director of Personnel the feasibility 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. 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 additional periods. Procedure in granting extensions shall be the same as that in granting the original leave, 29 00119 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. 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 disability, 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 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 his/her 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 discharge as the Director of Personnel may deem necessary. 15.3 Leave of Absence Reinstatement. Any permanent employee in the merit system who requests reinstatement to the classification held by the employee in the same department at the same time the employee was granted a leave of absence, shall be reinstated to a position in 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 and who has not been absent from the position on leave without .pay more than six (6) 30 -0012 months during the preceding year shall be reviewed on the anniversary date. 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 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. 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. 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. 31 00121 Section 17 - Health and Welfare, Life and Dental Care 17.1 The County will continue the existing County Group Health Plan program of combined 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 per- manent employees regularly scheduled 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 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. County Contribution per Category Employee per Month: Current 08/01/84 Kaiser Option Employee Only (No Medicare) No Dental $ 56.58 $ 65.18 CDS 62.63 71.63 Safeguard 62.63 71.63 Family (No Medicare) No Dental 131.32 149.32 CDS 136.94 154.94 Safeguard 136.94 154.94 Blue Cross Option Employee Only (No Medicare) No Dental $ 80.00 $ 89.00 CDS 86.09 95.09 Safeguard 86.09 95.09 Family (No Medicare) No Dental 131.32 149.32 CDS 149.44 167.44 Safeguard 149.44 167.44 Contra Costa Health Plan Option Employee Only (No Medicare) No Dental $ 53.61 $ 61 .48 32 00122 CDS 63.73 72.73 Safeguard 63.25 71.12 Family (No Medicare) No Dental 131.32 149.32 CDS 134.80 152.80 Safeguard 134.80 152.80 H.E.A.L.S. Health Plan Option Employee Only (No Medicare) No Dental $ 68.00 $ 77.00 CDS 75.30 84.30 Safeguard 75.30 84.30 Family (No Medicare) No Dental 131.32 149.32 CDS 142.60 160.60 Safeguard 142.60 160.60 IPM Health Plan Option Employee Only (No Medicare) No Dental $ 56.05 $ 64.29 CDS 62.63 71.63 Safeguard 62.63 71.63 Family (No Medicare) No Dental 131.32 149.32 CDS 136.94 158.00 Safeguard 136.94 158.00 Dental Plans Only Employee Only CDS $ 14.81 $ 15.48 Safeguard 10.87 10.87 Family CDS 31.97 34.48 Safeguard 21.21 21.21 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 additional dollars ($9.00) per month for a single subscriber and up to eighteen additional 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 8 Medicare premium withheld from Social Security payments for one enrollee; for Employee and Dependent(s) with two members on Medicare by taking the Employee 33 00123 and Dependent(s) rate for the option selected and subtracting the monthly Part B Medicare premium withheld from Social Security payments for two enrollees. 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 emplyee 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. 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 should 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. 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 compen- sation. 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. 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 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 date from the time of appointment to a permanent position after certification from an eligible list. It shall not include time served under provisional appointment or under appointment to limited term positions or any period of continuous leave of absence without pay or period of work connected disability exceeding fifteen (15) calendar days. 34 00124 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 proba- tion. 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 probationary 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, Association acti- vities, 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 sha 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, 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 cer- 35 00125 tifying 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. 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 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 of subsequently certified and appointed in a dif- ferent department or classification than that from which the employee was laid off. Section 19 - Promotion 19.1 Promotion shall be by competitive examination unless otherwise provided in this Memorandum of Understanding. 36 00126 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 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 asa 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 examina- tion process to take a physical examination shall do so on County time at County expense. 37 00127 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 or she 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 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 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 38 00128 B. five (5) more consecutive working days have elapsed without response by the employee after the mailing of a notice of resigna- tion 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, t e 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, 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: 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, 39 00129 S. 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 properly 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 work 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 114-10" 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 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 regula- tion 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 40 00130 Al 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 any extension, the right to respond 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 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 Due to 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. 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 defendant in a criminal complaint or indictement filed in 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 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. 41 00131 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 fie 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 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 appli- cation 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 interpretation 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 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 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 42 00132 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 to the Personnel . Director. The Personnel Director or his or her designee shall have thirty-five (35) workdays 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. 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 10 work days of the written response of the Personnel Director 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 Understanding, such grievance shall be submitted 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 of an organization employed to represent the County in the meeting and conferring process. E. Step 5. If an Adjustment Board is unable to arrive at a majority decision, either the employee or the County may require that the grievance be referred to an impartial arbitrator who shall be designated by mutual agreement between the employee and the Personnel Director. 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 pre- sentation, including preparation and post hearing briefs, if any. 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 43 Qd�33 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 Personnel Director in pursuance of the procedures outlined in Subsection 23.1 (C) above, or the Adjustment Board in 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 an employee 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 Personnel Director. 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. 44 '00134 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. 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 - 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. Section 25 - 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. Section 26 - Mileage Effective October 1, 1981 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 (1�) for each fifteen cents (15t) increase or decrease in the base price for gasoline 45 00135 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 27 - 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 personnel history folder on file in the Personnel Department. The contents of such records shall be made available to the 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 hich is in the employee's personnel file about which he or she disagrees. Such response shall become a permanent part of the employee's personnel record. The employee shall be responsible for providing the written responses to be included as part of the employee's permanent personnel record. 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 letter of reference. 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/her personnel file with specific written authorization from the employee. . Section 28 - 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 his/her Department Head to attend a meeting concerning County business or County affairs. 2. 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. 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 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. 5. When the employee is required to work three or more hours of 46 00136 overtime; in this case he or she may be reimbursed in accordance with Administrative Bulletin. 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 29 - Flex-Time It is understood that Resolution No. 75/1037 pertaining to flex-time may be applied to the Property Appraiser's Unit as well as other County employees. Nothing contained in this Memorandum of Understanding prohibits the Department Head from implementing a flex-time system for employees in the Property Appraiser's unit. The Department Head, prior to implementation, shall discuss the implementation of any flex-time system involving employees represented by the Appraiser's Association with the Association. Then the department shall determine if the said flex-time is feasible following a trial period and then shall submit the plan to the County Administrator for approval . Upon . written request to the Employee Relations Officer, the Appraiser's Association_ may request to meet with the Department Head for the purpose of proposing an alter- nate flexible work schedule. Section 30 - Provisional Appointment Whenever an appointing authority makes a request for personnel to fill a posi- tion 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 cer- tification 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 eli- gible 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. 47 00137 Section 31 - Unfair Labor Practice Either the County or the Association may file an unfair labor practice as defined in Chapter 34-22 of the Board Resolution 81/1165 against the other. Allegations of an unfair labor practice, if not resolved in discussions between the part•ies,. may be heard by a mutually agreed upon impartial third party. Section 32 - 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 tem- porary, 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 cre- dits 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 his. department. Section 33 - 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 34 - Personal Property Reimbursement 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 reimbur- sement. 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. 48 1 r y 7. The loss or damage to employees eyeglasses, dentures or other prosthetic devices did not occur simultaneously with ajob 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 35 - Permanent-Intermittent Employee Benefits Permanent intermittent employees are eligible for prorated vacation and sick leave benefits. Section 36 - Permanent-Intermittent Employees Health Plan A permanent intermittent employee represented by Contra Costa County Appraiser's Association may participate in the County Group Health Plan 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 respon- sible 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 37 - 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. Provisional employees may participate in the County Group Health Plan of medi- cal, 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 38 - 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 49 00139 V � r provisions shall become effective upon the first day of the month following thirty (30) days after such Ordinance is adopted. Section 39 - Scope Agreement and Separability of Provision 39.1 Scope of Agreement. Except as otherwise specifically provided herein, this Memorandum of Understanding fully and completely incorporates the understanding of the parties hereto and constitues 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,. 39.2 Separability of Provisions. Should any section, clause or provision of this Memorandum of Understanding be declared illegal , unlawful or unenfor- ceable, by final judgment of a court of competent jurisdiction, such invalida- tion 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. 39.3 Personnel Management Regulations. Where a specific provision con- tained in a section of this Memorandum of Understanding conflicts with a speci- fic provision contained in a section of the Personnel Management Regulations, the provision of this Memorandum of Understanding shall prevail . Those provi- sions 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. 39.4 Duration of Agreement. This Agreement shall continue in full force and effect from July 1, 1,983 to and including September 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 ter- mination date of its intention to amend, modify or terminate the agreement. 50 00 .40 Section 40 - 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 beginning with the effective date of this Memorandum of Understanding, 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 viola- tion 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 (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: CONTRA COSTA COUNTY CONTRA COSTA COUNTY APPRAISER'S ASSOCIATION ByQ���� c�r C By /�il � //4� By 51 00141 CLASS E SALARY LISTING ATTACHMENT A PROPEInY' APPRAISERS UNIT CLASS LEVEL SALARY � RANGE CLASS TITLE DA71 . C5 - 1080 1338. 00 - 1626.00 APPRAISER AIDE - PROJECT DKSB C5 - 1595 . 2238. 00 - 2721.00 APPRAISER ANALYST DAVA C5 - 1479 1993. 00 - 2423.00 ASSISTANT APPRAISER DATA . C5 - 1575 '. 2194. 00 - 2667. 00 . . ASSOCIATE APPRAISER DRWB . C5 - 1291 1652. 00 - 2008.00 . . AUDITOR-APPRAISER I DRVA . C5 - 1513 . 2062. 00 - 2507. 00 . . AUDITOR-APPRAISER II DAWA . C5 - 1249 . 1584. 00 - 1925.00 . . JUNIOR APPRAISER DRWA . C5 - 1505 . 2046. 00 - 2487. 00 . . MARINE APPRAISER DKTA . C5 - 1702 . 2491. 00 - 3028.00 . . SENIOR APPRAISER ANALYST DRTA . C5 - 1666 . 2403. 00 - 2921.00 . . SENIOR AUDITOR-APPRAISER 1d � THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on August 28, 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 Western ) 84/ 524 Council of Engineers ) The Contra Costa County Board of Supervisors RESOLVES THAT: 1. On August 28, 1984, the Employee Relations Officer submitted the Memorandum of Understanding dated August 24, 1984, entered into with Western Council of Engineers and the following unit represented by the Association: Professional Engineer's Unit 2. This Board having thoroughly considered said Memorandum of Understanding, the same is approved. 3. Salaries and Terms and Conditions of Employment. District Attorney InvestigatorTs Association. The Memorandum of Understanding with the District Attorney Investigator's Association is attached hereto, marked Exhibit A; and Section Numbers 1 through 44 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 28, 1984. S herr-,by cert!f J thai tide is a true-and correct copy 00 5rr fiction taken and entrreei On.the minutes of the ,oard of Supervisors on V. E date gown. \ ATTESTED: J-.R. OLSSON, ALNTY CLEFK and ex officio Clerk of the Board V n By , Deputy Orig: Personnel Department, County Administrator County Counsel Auditor-Controller Western Council of Engineers Public Works I.E.D.A./via Personnel i RESOLUTION 140 . 84/524 y. Memorandum of Understanding ` Between ' . Contra Costa County And Western Council of Engineers 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. 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 Council 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 July 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. "Appointing Authority" means Department Head unless otherwise provided 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. "Council " means Western Council of Engineers. 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 ` J143 iy 1 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 classes. 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 this 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 in lieu of layoff. 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 00144 Rtso'..UTION NO. r K R. "Reallocation" means the act of reassigning an individual position from one c ass 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. 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" 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. U. "Resignation" means 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" 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 Council Recognition. The Council is formally recognized as the exclusive representative for the employees assigned to the Professional Engineer Unit and has been certified as such pursuant to Board Resolution 81/1165. Section 2 - Council Security 2.1 Dues Deduction. Pursuant to Chapter 34-26 of Board Resolution 81/1165 only a majority representative may have dues deduction and as such the Council has the exclusive privilege of dues deduction for all members in its units. 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 Council unless such authorization is cancelled in writing by the employee. The dues deduction shall be for an amount specified by the Council. The Council 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 Council shall refund to the County any amounts paid to it in error upon presentation of supporting evidence. 3 00145 c 2.2 Communicating With Employees. The Council 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 Council, provided the communications displayed have to do with official organization business such as times and places of meetings 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 Council . Representatives of the Council, 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 Council 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 a council 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. 2.3 Use of County Buildings. The Council 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 Council 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. 4 0®146 ION NO. The administrative official responsible for the space shall establish and maintain scheduling of such uses. The Council 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. 2.4 Advance Notice. The Council 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. 2.5 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 Council, that the employee's classification is represented by the Council and the name of a representative of the Council . The County will provide the employee with a packet of information which has been supplied by the Council and approved by the County. The County will also provide the addresses of new employees to the Council if the employee consents in writing to the County providing this information to the Council . 2.6 The Council may distribute materials to designated Council representatives through the County distribution channels if approved by the Personnel Director or his designee. The decision of the Personnel Director is final and not subject to the grievance procedure. This privilege may be revoked in the event of abuse after the Personnel Director consults with the Council . 2.7 Section 11 of the 1977-1979 Memorandum of Understanding between the County and Western Council of Engineers shall be continued for the duration of this Memorandum of Understanding. 5 010147 Section 3 - No Discrimination There shall be no discrimination because of race, creed, color, national origin, sexual orientation or Council 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 unlessthat handicap prevents the person from meeting the minimum standards established for the position or from carrying out the duties of the position safely or in a manner that does not endanger the health of such person. Section 4 - Official Council Representatives 4.1 Attendance at Meetings. Employees designated as official council representatives 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 schedule at reasonable 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 council 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 Council 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 Council Representative. Official representatives of the Council 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 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. 6 00148 Section 5 - Salaries 5.1 Effective August 1, 1984, the salary ran a for each represented . classification shall be _increased 5% (or 49 levelsi on the County Salary Schedule and shall be as set forth in Attachment B which is attached hereto and made a part hereof. 5.2 If during the term 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 Council to discuss an additional wage increase which would be effective on or after January 1, 1985. 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 .to 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 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. 5.5 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 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 calendar month when the employee successfully completes six months service. 00149 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 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. 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 year 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 anniversary is one (1) year after the first calendar day of that month. 5.6 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 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 an operating department verifies in writing that an adminis- trative 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, said advancement shall be made retroactive to the first of the month when eligible. 8 00150 5.7 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.. 5.8 Compensation for Portion of Month. Any employee who works less . than any full calendar month, except when on authorized paid 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. 5.9 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. 5.10 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 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 5.9A 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 9 00151 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. 5.11 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 5.15, 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. 5.12 Salary on Appointment From a Layoff List. In the event of the appointment 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 adjusted 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 Involuntary Demotion. Any employee who is demoted, except as provided- under Section 5.15, 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 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. 10 00152 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 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, 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. Whenever a permanent employee transfers to or from a deep class,- as provided in the appropriate deep class resolutions, the salary of the employee shall be set as provided in the deep class resolutions at a step not to exceed a 5% increase in the employee's base salary. However, if the deep class transfer occurs to or from a deep class with specified levels identified for certain positions and their incumbents, the employee's salary in the new class shall be set in accordance with the section on "Salary on Promotion" if the employee is transferring to another class or to a level in a deep class for which the salary is at least 5% above the top base step of the deep class level or class in which they have status currently. 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 Salary on Promotion of this Memorandum, commencing on the twenty-first (21st) 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. Higher pay assignments shall not exceed six (6) months except through reauthorization. 11 00153 4 6. 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. 7. Any incentives (e.g., the education incentive) and special differentials (e.g., bilingual differential and hazardous duty differential) accruing to the employee in his/her permanent . position shall continue. 8. 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. 9. 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 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 employees option, 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 sha-11 remain effective until revoked. In the case of an election made pursuant to this Section 5.15 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. 5.18 Pay Warrant Errors. 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 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. { 12 00154 Pay errors discovered by the County on or after July 1, 1984 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 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. Recovery of fraudulently accrued over or underpayments are excluded from this section for both parties. Section 6 - Days and Hours of Work 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 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 Union prior to implementing said new shift. 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 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) . 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. Employees entitled to overtime credit for holidays in positions which work around the clock 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 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. Regular overtime for 24-hour institutional employees may be accrued as compensatory time in accordance with Section 7.2 of this Memorandum of Understanding. 13 - 00155 f 7.2 Compensatory Time. The following provisions shall apply: A. Employees may periodically elect to accrue compensatory time off in lieu of overtime pay. Employees shall make a choice, which will remain in effect for a period of one fiscal year July 1 - June 30. Eligible employees must notify their Department Head or his/her designee of their intention to accrue compensatory time off at least seven (7) calendar days prior to July 1 of each year. 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, after the list has been compiled, will be paid for authorized overtime hours worked until the preparation of the next annual list, unless such employees specifically rquest in writing to the Department Head or his designee that they be placed on the list currently in effect. 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 sixty (60) hours. Once a sixty (60) hour balance has been attained, authorized overtime hours will be paid at the overtime rate. If the employee's balance falls below sixty (60) hours, the employee shall again accrue compensatory time off for authorized overtime hours worked until the employee's balance again reaches sixty (60) 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 sixty (60) hours. F. Employees may not use more than sixty (60) 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 agreement 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 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. 14 00156 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: 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. Section 8 - Call Back Time Any employee who is called back to dutshall be paid at the appropriate rate for the actual time worked plus one (1Nour. 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 Dui 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. An employee assigned to on-call time shall be paid one (1) hour of straight time credit for each four (4) hours on such on-call time unless otherwise provided in the supplemental sections of this Agreement. Where on-call arrangements exist, the appointing authority shall designate which employees are on-call unless otherwise provided in the supplemental sections of this Agreement. Section 10 - Shift Differential In the hours which qualify for shift differential , employees shall receive five percent (5%) above their base salary rate. To qualify for shift differential , an employee must have a regularly assigned daily work schedule which requires: A. Completion of more than one and one-half (1-1/2) hours over the normal actual working time; or B. At least four (4) hours of actual working time from 5:00 p.m. through 9:00 a.m. inclusive. However, employees who have been 15 00157 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. 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 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 11.3A, or (2) in a class of the same or lower salary level as provided in Section 11.2B 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 16 00158 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 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 as provided in Section 305.2 of the County' s Personnel Management Regulations 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 accruted in other classes which have been included 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 17 40159 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 highe.st 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 . i.s 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 certifications for permanent appointment from an open employment list, including certification to two different departments if the class has permanent positions in more than one 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 Council Notification. When it appears to the Department Head and/or Employee Re ations Officer that the Board of Supervisors may take action which will result in the layoff of employees in a representation unit represented by the Council , the Employee Relations Officer shall notify the Council of the possibility of such layoffs and shall meet and confer with it regarding the implementation of the action. 18 00160 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 'emerge'ncy. 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 's Birthday President's Day Memorial Day Independence Day Such other days as the Board of Supervisors may by resolution designate as holidays. B. Each full time employee shall accrue two (2) hours of personal holiday credit per month. Such personal holiday time may be taken . in increments of one-half (112) 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-day 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. C. For all employees, if a work day falls on a scheduled holiday they shall receive overtime pay or equivalent compensatory time credit (holiday credit) for working the holiday: or if a holiday falls on the day off of an employee, the employee shall be given straight time pay or equivalent compensatory time credit and unless otherwise provided for in other Sections of this Agreement. D. If any holiday listed in Section 12.1(A) above, falls on a Saturday, it shall be celebrated on the preceding Friday. If 19 00161 any holiday listed in Section 12.1(A) falls on a Sunday, it shall be celebrated on the following Monday. For employees in positions assigned to units or services on a shift operational cycle which includes a Saturday or Sunday as designated by the appointing authority (rather than Monday through Friday 8 hours per day or a designated 4-10 or 9-80 schedule) 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. For all employees, if a work day falls on a scheduled holiday they shall receive overtime pay or equivalent compensatory time credit (holiday credit) for working the holiday for the first eight (8) hours worked, or if a holiday falls on the day off of an employee, the employee shall be given straight time pay or equivalent compensatory time credit for eight (8) hours. 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 "9-80 Shift-Holidays. A. Holiday Shift Pay. For all employees, if a work day falls on a scheduled holiday, they shall receive overtime pay or equivalent compensatory time credit (holiday credit) for working the holiday for the first eight (8) hours worked; or if a holiday falls on the day off of an employee, the employee shall be given straight time pay or equivalent compensatory time credit for eight (8) hours. B. Absence on Holiday. The maximum time charged to sick leave, vacation, or leave without pay on a holiday shall be one (1) hour. 12.6 Accrual of Holiday Time & Credit. Employees entitled to holiday credit shall be permitted to elect between pay or compensatory time off in recognition of holidays worked. The following procedures shall apply to this selection: A. Any person who is eligible and who elects to accrue holiday credit must agree to do so for a full fiscal year (July 1 through June 30) or the remainder thereof. B. Employees starting work after a list of those electing to accrue holiday credit has been submitted to the Auditor and approved will be paid overtime unless they specifically request in writing within 20 seven (7) calendar days to be placed on the holiday credit accrual list. C. Holiday time shall be accrued at the rate specified above to a maximum of eight (8) hours worked by the employee. D. Accrued holiday credit may not be accumulated in excess of two- hundred eighty-eight (288) working hours, exclusive of regular vacation accruals. After 288 hours, holiday time shall be paid at the rates specified above. E. Accrued holiday credit may be taken off at times determined by mutual agreement of the employee and the department head. F. Accrued holiday credit 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. 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 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 6 calendar months of employment (not necessarily synonymous with probationary status) except where sick leave is exhausted; and none shall be allowed in excess of actual accrual at the time vacation is taken. Vacation may be taken in increments of 1/2 hour. 13.2 Vacation Accrual Rates. For employees hired prior to October 1, 1979 the rates at which vacation credits accrue and the maximum accumulation thereof are as follows: Monthly Maximum Accrual Cumulative Length of Service Hours 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 Z1 00163 For employees hired on or after October 1, 1979 the rates at which vacation credits accrue, and the maximum accumulation thereof, are as follows: Monthly Maximum Accrual Cumulative Length of Service Hours 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 Employees in permanent part-time and permanent-intermittent positions shall accrue vacation benefits on a pro-rata basis as provided in Section 36-1.006 of Board Resolution 81/1165. 13.3 Employees who are rehired and have their service bridged in accordance with the provisions of this Memorandum of Understanding shall accrue vacation in accordance with the accrual formula for employees hired after October 1, 1979. However, prior service time which has been bridged shall count toward longevity accrual . 13.4 No employee who has been granted a 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. 13.5 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. 13.6 Preference of vacation shall be given to employees according to their seniority in their department as reasonably as possible unless otherwise provided in the supplemental sections of this Agreement. 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. 22 00164 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. foilowing 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 exhausted 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 occupation 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 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 evi-dence and order further examination as he deems necessary, and may terminate use of sick leave when such further exa-urination demonstrates that the employee is not disabled, or when the appointing authority determines that the medi-cal 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: 23 00165 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 physicial 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 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 recov- ery from such disability. E. Medical and Dental Appointments. An employee may use paid sick eave 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 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 Family. Effective the first of the month 24 00166 following the execution of this Agreement, an employee may use paid sick leave credits (up to three (3) work 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 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. Vacation. For an employee ' s illness or injury while the employee is on vacation except when extenuating circumstances exist and the appointing authority approves . 2. 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 department of an absence as early as possible prior to the commencement of their work shift or not later than 30 minutes thereafter if possible. Notification shall include the reason and possible duration of the absence. For purposes of this subsection "A" employees of departments which . publish other notification policies shall be subject to those policies. 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 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 ascertain the propriety of claims against sick leave, department heads may make such investigations as they deem necessary. 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. 25 00167 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 rental 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 examination 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. 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 26 00168 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. 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. The maximum period for the described salary continuation for any one injury or illness shall be one year from the date of temporary disability. C. 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 Department, 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 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. 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 Tor 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. 27 00169 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. An employee's sick leave and/or vacation charges shall be calculated as follows: C = 8 El - (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. 14.9 Disability Insurance Review Committee. The County shall establish a Disability Insurance Review Committee consisting of one representative from each employee organization and four management representatives to review and recommend to the Director of Personnel the feasibility 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 1 aw. 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. 28 00170 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 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. 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 disability, 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 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 his/her 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 accured 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. 29 00171 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 and who has not been absent from the position on leave without pay more than six (6) months during the preceding year shall be reviewed on the anniversary date. 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 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. 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 ay and leave or leave without pay and retain all fees and expenses. 30 n O1, 7 2 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 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 Council 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. County Contribution per Category Employee per Month: Current 08/01/84 Kaiser Option Employee Only (No Medicare) No Dental $ 56.58 $ 65.18 CDS 62.63 71.63 Safeguard 62.63 71.63 Family (No Medicare) No Dental 131.32 149.32 CDS 136.94 154.94 Safeguard 136.94 154.94 31 0.0173 Blue Cross Option Employee Only (No Medicare) No Dental $ 80.00 $ 89.00 CDS 86.09 95.09 Safeguard 86.09 95.09 Family (No Medicare) No Dental 131.32 149.32 CDS 149.44 167.44 Safeguard 149.44 167.44 Contra Costa Health Plan Option Employee Only (No Medicare) No Dental $ 53.61 $ 61 .48 CDS 63.73 72.73 Safeguard 63.25 71.12 Family (No Medicare) No Dental 131.32 149.32 CDS 134.80 152.80 Safeguard 134.80 152.80 H.E.A.L.S. Health Plan Option Employee Only (No Medicare) No Dental $ 68.00 $ 77.00 CDS 75.30 84.30 Safeguard 75.30 84.30 Family (No Medicare) No Dental 131.32 149.32 CDS 142.60 160.60 Safeguard 142.60 160.60 IPM Health Plan Option Employee Only (No Medicare) No Dental $ 56.05 $ 64.29 CDS 62.63 71.63 Safeguard 62.63 71.63 Family (No Medicare) No Dental 131.32 149.32 CDS 136.94 158.00 Safeguard 136.94 158.00 32 00174 Dental Plans Only Employee Only CDS $ 13.58 $ 14.25 Safeguard 9.64 9.64 Family CDS 30.74 33.25 Safeguard 19.98 19.98 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 additional dollars ($9.00) per month for a single subscriber and up to eighteen additional 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 two enrollees. Any increase 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. 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 provided that the employee should 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. 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 if immediately before their retirement they are either active subscribers to one of 33 00175 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 pians. Section 18 - Probationary Period 18.1 Listed below are those classes represented by the Council which have probation periods in excess of six (6) months. None 18.2 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. 18.3 The probationary period shall date from the time of appointment to a permanent position after certification from an eligible list. It shall not include time served under provisional appointment or under appointment to limited term positions or any period of continuous leave of absence without pay or period of work connected disability exceeding fifteen (15) calendar.days. 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. 18.4 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. 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, Council 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 34 00176 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. 18.5 Regular Appointment. The regular , appointment of a probationary employee sha 1 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 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, 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. 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 trans- ferred. 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. 18.6 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 35 00177 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. 18.7 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 of subsequently certified and appointed in a different department or classification than that from which the employee was laid off. 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 If an examination for one of the classes represented by the Council 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 Council 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 Council approves such action. The appropriate rules regarding probationary status and salary on promotion are applicable. 36 , 00178 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. 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. The Director of Personnel shall if he or she considers 37 00179 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 initiative 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 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 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; B. Five (5) more consecutive working 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. C. Employees workin a 4/10 schedule shall have constructively resigned if four g(4) days elapse as provided in "A" above followed by four (4) more days as provided in "B" above. 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 38 00180 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. 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 oraimmoral 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 39 00181 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 "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 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 any extension, the right to respond is lost. 22.3 Leave Pending Employee Reponse. 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 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 Due to 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. 40 00182 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. 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 defendant in a criminal complaint or indictement filed in any court. G. The Personnel Director may order lost pay restored for good cause, and subject to the or 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 Personnel Director within ten (10) calendar days 41 00183 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 Council 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 misinterpreted 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 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) workdays to the Personnel Director. The Personnel Director or his or her designee shall have twenty (20) workdays 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 workdays of the written response of the Personnel Director of his or her 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 Understanding, such grievance shall be submitted in writing. within seven (7) workdays to an Adjustment Board comprised of three (3) Council representatives, no more than two (2) of whom shall be 42 00184 either an employee of the County or an elected or appointed official of the Council 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 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) workdays 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 23.6 below) may require that the grievance be referred to an impartial arbitrator who shall be designated by mutual agreement between the employee and the Personnel Director. Such request shall be submitted within twenty (20) workdays 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. 23.2 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 Council which has been certified as the recognized employee organization for such unit and unless 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 Personnel Director in pursuance of the procedures outlined in Subsection 23.1 (c) above, . or the Adjustment Board in 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. 43 00185 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 an employee 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 Council , but is not represented by the Council in the grievance, shall give the Council 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 Personnel Director. 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 Council . 23.6 No Strike. During the term of this Memorandum of Understanding, the Council , 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 union 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 Council 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) , (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 peiiding before the Merit Board. 44 .0018 ; 23.8 The Council 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 - Retirement Contribution Pursuant to Government Code Section 31581 .1, the County -wi11 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. Section 25 - 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, except as otherwise provided in the supplemental sections of this Memorandum of Understanding. Section 26 - Mileage 26.1 Mileage Reimbursement Rate. Effective August 1, 1979 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 (1�) for each fifteen cents (15�) 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 i 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. 45 00187 i v c u Section 27 - 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 personnel file in the Personnel Department or in the employees personal history file in their department. The contents of such records shall be made available to the 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 personnel record. The employee shall be responsible for providing the written responses to be included as part of the employee's permanent personnel record. 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/her personnel file with specific written authorization from the employee. Section 28 - Membership Reimbursement The County agrees to reimburse members of the Professional Engineers Unit up to $45.00 per year for membership in either the American Society of Civil Engineers or the National Society of Professinal Engineers. Section 29 - Flex-Time It is understood that Resolution No. 75/1037 pertaining to flex-time may be applied to the Professional Engineers Unit as well as other County employees. Nothing contained in this Memorandum of Understanding prohibits the Department Head from implementing a flex-time system for employees in the Professional Engineers Unit. The Department Head, prior to implementation, shall discuss the implementation of any flex-time system involving employees represented by the Western Council of Engineers with the Council . Then the department shall determine if the said flex-time is feasible following a trial period and then shall submit the plan to the County Administrator for approval . Upon written request to the Employee Relations Officer, Western Council of Engineers may request to meet with the Department Head for the purpose of proposing an alternate flexible work schedule. 46 Section 30 - Book Reimbursement The County agrees to reimburse members of the Professional Engineers Unit for the full cost of books purchased when the books are required for. job - related training for which the employee receives full reimbursement of registration fees and/or tuition. Section 31 - Safety Shoes and Prescription Safety Eyeglasses The County shall reimburse employees for safety shoes and prescription safety eyeglasses for employees in those classifications the County has determined are eligible for such shoes and eyeglasses. The County will reimburse eligible employees for safety shoes in an amount not to exceed Twenty Dollars ($20.00) per pair to a maximum of two (2) pairs in any year. The County will reimburse eligible employees for such prescription safety eyeglasses which are approved by the County and are obtained from such establishment as required by the County. Section 32 - Service Awards The County shall continue its pesent 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 33 - 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 his/her Department Head to attend a meeting concerning County business or County affairs. 2. When the employee is required to be out of his/her 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 he or she may be reimbursed in accordance with Administrative Bulletin. 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. 47 00189 Section 34 - Personal Property Reimbursement 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 employees eyeglasses, dentures or other prosthetic devices did not occur simultaneously with ajob 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 35 - Length of Service Definition (for service awards and vacation accrua s 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 his department. 48 OO190 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 33 - Permanent-Intermittent Employees Health Plan A permanent intermittent employee represented by Western Council of Engineers may participate in the County Group Health Plan of combined 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 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. Provisional employees may participate in the County Group Health Plan of combined 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 40 - Registration Differential Effective July 1,, 1979, the County agrees to pay a $30 per month salary differential to all incumbents of Assistant Architectural Engineer positions who possess a valid California Certificate of Registration as a Civil Engineer, Mechanical Engineer, Electrical Engineer or Architect. Section 41 - 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 49 0419, provisions shall become effective upon the first day of the month following ' thirty (30) days after such Ordinance is adopted. Section 42 - Scope of Agreement & Separability of Provisions 42.1 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. 42.2 Separability of Provisions. Should any section, clause or provis.ion of this Memorandum of Understanding be declared illegal , unlawful ,. or unenforceable, 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. 42.3 Personnel Management Regulations. Where a specific provision contained 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. 42.4 Duration of Agreement. This Agreement shall continue in full force and effect from July 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 termination date of its intention to amend, modify or terminate the Agreement. Section 43 - Unfair Labor Practice Either the County or the Council may file an unfair labor practice as defined in Chapter 34-22 of Board 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 44 - 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 Council may claim a violation of a past practice. If the Council can demonstrate that such past practice exists by virtue of having been acknowledged and agreed to by Management and representatives of the Council or by employees represented by the 50 00-192 11 _. Council 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 (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: CONTRA CO A COUNTY WESTERN COUNCIL OF ENGINEERS By By % _ � � / t By 51 00193 ATTACHMENT B CLASS & SALARY LISTING PROFESSIONAL ENGINEERS UNIT Class Level Salary Range Class Title NEWA C5 - 1547 2134 - 2593 Assistant Architectural Engineer NEW1 C5 - 1547 2134 - 2593 Assistant Architectural Engineer-Project NEWB C5 - 1580 2205 - 2680 Assistant Structural Engineer - Building Inspection NKXA T6 - 1479 2095 - 3267 Civil Engineer 00194 :.r THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on August 28, 1984 by the following vote: AYES: Supervisors Po��7ers , Fanden , McPeak, Schroder , Torlakson. NOES: None. ABSENT: None . ABSTAIN: None. SUBJECT: ) 1983-85 Compensation for Employees ) in Units Represented by California ) 84/522 Nurses Association ) The Contra Costa County Board of Supervisors RESOLVES THAT: 1. On August 28, 1984, the Employee Relations Officer submitted the Memorandum of Understanding dated August 23, 1984, entered into with California Nurses Association and the following unit represented by the Association: Supervising Nurses 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 48 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 28, 1984. f Fn =:uy r 8rt+.f thu..i:;s f s t.=4?G and rC)�ffct copy of ,Tfi action taker: inn enlcrn-d on th .,!nines of the Board of C-n 1!% eE!fc Z'ShO si7. m ATTESTED. r w amu' 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 C RESOLUTION NO. 84/522 N Memorandum of Understanding Between Contra Costa County And California Nurses ' Association Supervising Nurses Unit 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. "ppointing Authority" means Department Head unless otherwise provided by statute or ordinance. 3. "Association" means California Nurses ' Association. 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. L. "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. 1 00196 P !'30LUTION NO. s�/sad 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 this Memorandum of Understanding and for whom a position is held pending his/her 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 in lieu of. layoff. 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. "Promotion" means the change of a permanent employee to another position in a class allocated to a salary range for which the too 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. P. "Position" means the assigned duties and responsibilities calling for the regular full-time, part-time or intermittent employment of a person. Q. "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. R. "Reclassification" means the act of changing the allocation of a 2 0019'7 v 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. S. "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. T. "Resignation" means the voluntary termination of permanent employment with the County. U. "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. V. "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. Supervising 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. 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. 2.2 Employees hired in classifications assigned to units represented by the Association shall as a condition of employment at the time of employment complete a dues authorization card provided by the Association and shall have deducted from their paychecks the membership dues of the Association. Said 3 00198 #R E,:.e.�WTIQN NO, $Y�Saa l 0 employees shall have thirty (30) days from the date of hire to decide if they do 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 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, the employee 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 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 written completion of the authorization form, receive a copy of said authorization form which shall be deemed proper notice of the employee' s 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 April 1, 1985 and April 30, 1985, any employee may withdraw from Association membership and discontinue paying dues as of the payroll period, commencing on April 1, 1985, discontinuance of dues payments to then be reflected in the May 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. 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 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 4 90199 RE!!CLUTION NO. 1 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. 2.6 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. 2.7 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; S. 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. 2.8 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. 5 00200 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. 2.9 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 classification is 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. 2.10 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 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 (10) 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 (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, political 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 6 00201 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; 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. Class Code Class Title Level Salary VWGA Assistant Director of Nursing C5-1907 3057 - 3716 VWHE Operating Room Supervisor C5-1892 3012 - 3661 VWHB Supervising Clinic Nurse C5-1791 2723 - 3310 VWHC Supervising Nurse C5-1791 2723 - 3310 7 00202 5.2 Com arable 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. S. 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 recd end to the County sources of revenue which can be utilized to 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-:-nonthly reports to the Director of Personnel and make a final recommendation no later than March 15, 1985. 5.3 The following provisions of this section shall apply to all employees except as modified by deep class resolution. 5.4 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. 5.5 Anniversary Dates . Except as may otherwise be provided for in deep class resolutions, annivers-zry dates will be set as follows: A. New Employees. The anniversary date of a new employee is the first day of the calendar mo nth 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 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. 8 00203 s , 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. F. 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. 5.6 Increments 'Within Range. The performance of each employee, except those of emoployees 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 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 an operating department verifies in writing that an adminis- trative 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, said advancement shall be made retroactive to the first of the month when eligible. 5.7 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 9 00204 rate established for the step of the salary range at which an employee is appointed. Said employee(s) shall also receive per hour worked a premium of twelve and one-half (12-1/2) percent of that hourly rate. 5.S 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. 5.9 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. 5.10 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 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 10 00205 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 sjupercede Section 5.10. 5.11 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 received before the 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 adjusted 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. 5.12 Salary on Involuntary Demotion. Any employee who is demoted, except as provided under Section 5.14, 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 (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. 5.13 Salary on Voluntary Demotion. Whenever any employee voluntarily demotes to a position in a class hav- ng a salary schedule lower than that of the 11 00206 class from which the employee demotes, the employees 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. 5.14 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 ranqe 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. 5.15 Pay for 'Fork 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 - Salary on Promotion of this Memorandum, commencing on the eleventh 11th work day after eighty 30) hours for employees on schedules other than eight (8) hours) of the assignment, ender 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. E-mployees 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 ead 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 12 00207 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. 5.16 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) 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 5.16 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 between 12:01am. Monday to 12:00 midnight Sunday, except in certain segments of .the Health Services Department where it is between 12:01 a.m. Sunday 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 (S) 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 (4) Week Schedules. For Supervising Nurses assigned as p.m. shift, night shift or weekend House Supervisor, a four (4) week work schedule 13 00208 will be published by Nursing Administration which provides that each such nurse shall have every other weekend off. Nurses may exchange days off within the four (4) week cycle but no 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 supervisor. 5.3 Time Changes : 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. An Assistant Director of Nursing or a Supervising Nurse who is regularly assigned to supervise a ward or to supervise a hospital shift and who is also required to work all or part in an additional shift as a hospital shift supervisor shall be compensated at one and one-half (1-1/2) times the employee's base rate of pay (not including shift and other special differentials) . Employees entitled to overtime credit for holidays in positions which work around the clock (such as the County Hospital Nursing Office) 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. Nurse managers who are required to work additional time in excess of their normal schedule to perform their regularly assigned duties shall be permitted to reduce their normal work schedules by an equal number of hours, provided that the additional work time and the time off are approved in advance by the appropriate Director of Nursing or designee and that the time off is taken within twenty-one (21) days of the date on which the additional time is worked. Such approval shall not be unreasonably denied. Overtime 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 Head 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. S. 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 14 00209 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. 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. E. Employees may not use more than one hundred twenty (120) 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 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. 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. 1 . 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 ,o,ith 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; 15 00210 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 time- keeping procedures to administer this Section. 7.3 Contiguous Shifts. At the County' s request if an employee works two contiguous shifts sixteen (161 continuous hours] which is outside the employee ' s regular work assignment and 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 small 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. 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 bile 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 . If the Supervising Nurse for the Operating Room, is in on-call status and is called back to duty, he/she shall be paid for the actual time so spent plus one (1) hour, but not less than three (3) hours total 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 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. 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 one and one-half (1-1/2) hours between the two portions of the shift shall also qualify for the twelve (12) percent hourly differential . An employee 'rho worl's 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 16 00211 1 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 worts on a recognized holiday, the employee shall be entitled to holiday pay -nd shift differential to be computed on the employee' s base salary. Section 11 - Separation Through Layoff 11.1 Grounds for Layoff. Any employees) 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 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 e&m +loyee 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. Perranent intermittent and permanent part-time employees may displace only employees holding permanent positions of the same type respectively. B. A per-nanent full-time employee may displace any intermittent or part-time employee with less seniority (1) in the same class as 17 002 .2' 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 employee. 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 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 included 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 consititute 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 13 00213 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 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 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. S. 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 different departments if the class has permanent positions in more than one 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. 19 00214 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 emplovees on the "4-10" workweek) notice of layoff except in cases of emergency. Section 12 - Holidays 12.1 The County will observe the following holidays: Labor Day Veteran ' s Day Thanksgiving Day Day after Thanksgiving Christmas New Year ' s 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. 3. Employees in positions which work around the clock shall also celebrate Admission Day, Columbus Day, and Lincoln 's Day in addition to the holidays listed in 12.1 A above. 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- L-qo (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. S. 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 20 00 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 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 working in the Nursing Office 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 though 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 assigned to the Nursing Office 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 w ich 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 December and March. 21 00216 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. 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 w ich 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 December and March. 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 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 pe �� anent employee 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 one and one-half (1 1/2) times the employees base salary rate for up to eight (8) hours worked on a recognized holiday. 22 - 0 02, 17 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 be taken in 1/2 hour increments but may not be taken during the first six (6) months of employment 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. A. For employees hired prior to October 1, 1979 the rates at which vacation credits accrue, and the maximum accumulation thereof, are as follows: Monthly Maximum Accrual Cumulative. Length of Service Hours 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 23 00218 B. For employees hired on or after October 1, 1979 the rates at which vacation credits accrue, and the maximum accumulation thereof, are as follows: Monthly Maximum Accrual Cumulative Length of Service Hours 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 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. 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 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 24 00219 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 (1) 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 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 occupation for which the employee 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 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 convnunicable 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 25 00220 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 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. F. 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. IEffective 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 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. 26 oo2zi F. Emergency Care of Family. Effective the first of th.e month following the execution of this Agreement, an 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. 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 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. 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. 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 27 0 0 2,2 2 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 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 recoa�nmends that treatment for physical or mental health problems, including leave, are in the best interests of the employee or the Countv 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. 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 consideredas 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. 28 00223 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 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. 29 00224 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. 14.9 Integration of State Disability Benefits with the County Sick Leave Benefit Program. Employees eligible for State Disability benefits and sick 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 (112) hour. 7. In no instance will an employee be allowed to "purchase" sick leave not accrued. S. 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. 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; 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. Failure to submit timely written notice may result in the employee not being permitted to return to work 31 00226, until the required notice period has elapsed. Less notification may be approved at the discretion of the appointing authority or designee. 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 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 a position in 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 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. 32 00227 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. 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. 33 00228 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. Rates Effective August 1, 1983 to July 31, 1984 Plan Medical Only Medical/CDS Medical/Safeguard Dental Only BLUE S $ 80.00 $ S8.06 $ 88.06 See Below CROSS F $131.32 $154.01 $154.01 CONTRA S $ 53.61 S 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 $ 64.99 $ 64.98 F $131.32 $139.05 $13.9.05 CDS S $14.81 F $31.97 SAFEGUARD S $10.87 F $21 .21 Effective August 1, 1984, the County shall contribute an additional 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 34 X0229 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 difference by remitting the amount delinquent to the Auditor-Controller. . 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. 35 18.2 Listed below are those classes represented by the Association which . have probation periods in excess of six (6) months. None 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 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 (5) 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. 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 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 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 seventy (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. 36 00231 18.6 Reqular 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 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, 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 37 00232 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. 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 38 00233 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. 19.7 Certification to positions in classifications in this bargaining unit shall be administered in accordance with Section 711 of the Personnel Management Regulations. 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: 39 00234 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) Vis_ 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. 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 appropriate Director of Nursing, Director of Public Health Nursing or manager 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 all cases, the person selected must possess the minimum qualifications (as described in the job specification) for the classification of the position they are selected to fill . 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. 40 00235 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 Resi nation in Good Standin 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 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. 41 00236 B. Reinstatement. If the appointing authority acknowledges that the employee cou d 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 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. beinq at work under the influence of liquor or drugs, carrying onto 42 00237 the premises liquor or drugs or consuming or using liquor or drugs during work hours and/or on County premises, S. 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 "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 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. 43 00238 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. 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 . 44 00239 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. 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 occur. ance 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 45 00240 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 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 46 002,4, ,. • ; , 23.2 Scope of Adjustment Board and Arbitration Decisions. A. Decisions of Adjustment Boards and arbitrators on matter`s 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 fails 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 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 arievant . 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. I 47 00242 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. Durina 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. 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 m-y 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 - 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. 48 00243 Section 25 - Training Reimbursement The County Administrative Bulletin on Training shall govern reimbursement for training and shall continue to limit reimbursement for career development training to S200 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, $300 may be applied to continuing education courses . Section 26 - Education Leave Each regular full-time employee, with one (1) or more years of 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 . The leave is accumulative from year-to-year if: i . it is applied for and denied, 2 . it is applied for this year for a course next year, or 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 (3) conditions, employees may on request carry over into the next fiscal year one-half (1/2) 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. An employee 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 nurses shall -be entitled to educational leave on a pro-rated basis . Section 27 - 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 v;ith the Association on the minimum qualifications and salary of new classes. 49 00244 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 28 - 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 29 - 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 $ .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 (1¢) 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 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 30 - Pay Warrant Errors 30. 1 Ir" 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 aware of and verifies that the pay warrant is in error. 30.2 Pav 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 50 00245 that no recovery of either overpayments or underpayments to an employee shall be made retroactively except for the six (5) 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 fradulently accrued over or underpayments are excluded from this section for both parties. Section 31 - Nurse Managers ' Committee A committee of nurse managers may request to meet with Health Services Department management regarding specific issues relating to nursing practice and supervision by submitting a request to the appropriate Director of Nursing. The request shall contain a statement of the issue or recommendation to be discussed and those supervising nurse representatives who wish to attend. The Director of Nursing shall review the request and arrange the meeting, inviting other appropriate managers. Section 32- 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 33 - 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 Personnsl may authorize the appointing authority to appoint any person who possesses the 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 (o) 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. 4 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. 51 00246 Section 34 - 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 3:00 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. Section 35 - Reimbursement for Meal Expenses Employees shall be reimbursed for meal expenses under the following circumstances and in the amount specified: i . 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 vork 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 ,Pith 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 36. - 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 Depar-t�nent Head and automobiles are excluded from reimbursement. 52 00247 w o- 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 employees ' eyeglasses, dentures or other prosthetic devices did not occur simultaneously with a job connected injury covered by workers ' compensation. 3. 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 37 - 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 3S - Unfair Labor Practice Either the County or the Association may file an unfair labor practice as defined in Chapter 34-22 of the 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 39 - Len th 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 (2) 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 the Personnel Department. 53 00248 Section 40 - 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 provided 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. Section 41 - Permanent-Inte , ittent Employee Benefits Permanent intermittent employees are eligible for prorated vacation and sick leave benefits. Each person appointed to a permanent intermittent 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 42 - Permanent Intermittent Employees Health Plan A permanent intermittent employee may participate in the County Group Health Plan of medical and/or 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 43 - 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 Plan of medical and;or 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 tc 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 44 - Lunch Period It is the position ofthe Health Services Department that employees who work an eight and one half (S-1/2) hour day are on their own time during their lunch period. Employees who wort an eight (S) hour day are to be considered on call . 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. Nurse Managers shall work an S 1;2 hour shift which includes 1/2 hour lunch. Nurse Managers working as shift supervisors shall work an 8 hour shift and be 54 00249 O t considered on call during the lunch break . Any Nurse Manager working an 8 1/2 hour shift during the 1/2 hour lunch break shall accrue said time worked as straight compensatory time consistent with Section 7.1 Overtime. Section 45) - Employee Annual Health Exam 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 s:<in test, said employee will be requested to show proof of having had two (2) negative chest x-rays at least one year apart. Emplovees will also be requested to be screened for Rubella immunity. If the result �f 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 becone immunized, an attempt will be made to relocate the employee to a non-patient care area if possible. Section ^o - 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 47 - _Scope of Agreement and Separability of Provisions 47.1 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 Tatters subject to meet and confer. Neither parte shall , during the term of this Memorandum of Understanding demand any chance herein, provided that nothing herein shall prohibit the parties from chanaino the terms of this Memorandum of Understanding by mutual agreement. 47.2 Separability of Provisions. Should any section, clause or provision of this Memorandum of Understanding be declared illegal , unlawful or unenforceable, 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. -7 .3 Personnel Manaaement 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 Reoulations, 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 ES 00250 r which are not -,,,ithin the scope of representation shall be considered in full force and effect. 47.4 Duration of ;Agreement. This Agreement shall continue in full force and effect from April 1, 1983 to and including June 30, 1985. Said Agreement shall autom-Lically renew from year to year thereafter unless either party gives written notice to the other prior to sixty (60) days from the aforesaid termination date of its intention to amend, modify or terminate the agreement. Section 43 - 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, geginning with the date of adoption of this Memorandum of Understanding and continuing for six (6) 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 acknowl edged and agreed to by Management and representatives of the Association or Uy 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 (5) months of the adoption of this Memorandum of Understanding in order to be considered a past practice pursuant to this provision. 56 00251 +riI Date: CONTRA CQSTA COU4TY CALIF RNIA NURSES ASSOCIAT N By B �G ` ?� B Y bYJ t Y BY �- � �I 57 00252 J THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on August 28, 1984 by the following vote: AYES: Supervisors Pox.?ers , Fanden, McPealc , Schroder , Torlakson. NOES: None . ABSENT: None . ABSTAIN: None . SUBJECT: ) 1983-85 Compensation for Employees ) in Units Represented by District ) 84/ 523 Attorney Investigator's Association ) The Contra Costa County Board of Supervisors RESOLVES THAT: 1. On August 28, 1984, the Employee Relations Officer submitted the Memorandum of Understanding dated August 22, 1984, entered into with District Attorney Investigator's Association and the following unit represented by the Association: District Attorney Investigator Unit 2. This Board having thoroughly considered said Memorandum of Understanding, the same is approved. 3. Salaries and Terms and Conditions of Employment. District Attorney Investigator's Association. The Memorandum of Understanding with the District Attorney Investigator's Association is attached hereto, marked Exhibit A; and Section Numbers 1 through 43 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 28, 1984. 1 hereby certify that this is a true and correct copyof an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: � " J.R. QLSS©N, &NTY CLERK and ex officio Clerk of tho Board By , Deputy iJrig: Personnel Department r� County Administrator County Counsel Auditor-Controller District Attorney Investigator's Association District Attorney I.E.D.A./via Personnel RESOLUTION NO . 84/523 ��v Memorandum of Understanding Between Contra Costa County And District Attorney Investigators ' 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 -ratters as provided in Board of Supervisors Resolution S1/1165, Section 34-5.01% . The parties have met and conferred in good faith reg_-J�ina wages, hours and other terms and conditions of employment for the employe:._ inunitsin which the Association is the recognized representative, have freely Z_xchanged 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, 1953 and ending June 30, 1985 . Special provisions and restrictions pertaining to Project employees covered by this Memorandum of Understanding are contained in =ttaciiment A which is attached hereto and made a part hereof. Definitions : A. "Appointing Authority" means department head ;n less otherwise- provided therwiseprovided by statute or ordinance. B. "Association" means District Attorney Investigators, ' ,Association. C. "Class" means a group of positions sufficiently similar with respect to the duties and responsibilities that similar selection procedures and qualifications may apply an; that the same descriptive title may be used to designate each Dosition allocated to the group. D. "Class Title" means the designation given to : class, to each position located to the class, and to the e-_Dloyees allocated to the class . E. "County" means Contra Costa County. F. "Demotion" means the change of a permanent em.:)ioyee to another position in a class allocated to a salary range nor which the top 1 00254 RESOLUTION NO. M l I 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 this 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 +�,hich 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 . 1. "Position" means the assigned duties and responsibilities calling for the regular full-time, part-time or interrittent employment of a person. 00255 h &.. "Reallocation" means the act of reassigning an individual position from one crass 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 . 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" 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. U. "Resignation" means the voluntary termination of permanent employment ,pith 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. K "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 Recoqnition The Association is the formally recognized employee organization for the District Attorney Investigators ' :nit and such organization✓ has been certified as such pursuant to Chapter 3+-12 of Board of Supervisors Resolution 3111165. 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 3 00256 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. 2.2 Employees hired on or after March 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 Association. If the employee does not notify the County in writing of the deci sion 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 sub mit 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 4 00257 LWLUT,UN NO. 8 `f/sa 3 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 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 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 of 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 prohibited, 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 5 00258 UTION NO. 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. - 2.8 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 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 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 S1/11065. 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 small 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: 0 0 0:24 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 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 proceed- ings 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 District Attorney Investigators ' 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 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 depart- ment 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 term of this Memorandum of Understanding the Board of Supervisors determines that monies are available for an additional wage increase, the County will meet and confer 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 class resolutions, anniversary dates will be set as follows: 7 00260 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 regu- larly scheduled workday of the month the anniversary date is the first day of the calendar month when the employee success- fully completes six months service. B. Promotions. The anniversary date of a promoted employee is determined 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 pre- vious 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 deter- mined in the same way as the anniversary date is determined for a new employee who is appointed the same date, classifica- tion and step and who then successfully completes the required probationary period. E. Notwithstanding other provisions of this Section 5, the anni- versary 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 calen- dar month after the calendar month when the employee was appointed or transferred; provided however, when the appoint- ment or transfer is effective on the employee's first regularly scheduled work day of that month, his/her anniversary 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 unconditional 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 8 . 00261 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, 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 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 9 00262 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 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 pre- vious class, the incumbent shall be placed at the step in the new class which equals the rate of pay received before reallo- cation. 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 5.8. 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. 10 00263 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 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, 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 thirty-first31st 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. 11 00264 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 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 ) accruing to the employee in his/her permanent position shall continue, 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 classifica- tion, 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 the prescribed form (form M-208, revised 5/81 ) and submitted by the 15th of the month to the department payroll clerk who will forward the card with the "Salary Advance Transmittal/Deviation Report" to the Auditor-Controller payroll section. Such an election would be effective in the month of the submission and would remain effective until revokes. 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. 12 00265 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 schedules in advance to support all deviations, the schedules to encompass the complete operational cycle contemplated. 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. 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) . Overtime for permanent employees is earned and credited in a minimum of one-half hour increments. 7.2 Compensatory Time. The follow.ing provisions shall apply: A. Employees may periodically elect to accrue compensatory time off in lieu of overtime pay. Eligible employees must notify the department 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 depart- ment. Employees who become eligible (i .e. , employees pro- moting, demoting, etc. ) for compensatory time off in accordance with these guidelines must elect to accrue compen- satory 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 forty (40) hours. Once the maximum balance has been attained, authorized overtime hours will be paid at the over- time rate. If the employee's balance falls below forty (40) hours, the employee shall again accrue compensatory time off for authorized overtime hours worked until the employee' s balance again reaches forty (40) 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 forty (40) hours. 13 00266 F. Employees may not use more than forty (40) hours of compen satory time off in any fiscal year period (July 1 - June 30) . G. The use of accrued compensatory time off shall be by mutual agreement between the department head or his designee and the employee. Compensatory time off shall not be taken when the employee would 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 depart- ment head or his or her designee. 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 compen- satory 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 promo- tion, 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 over- time rate) for the employee' s current salary whenever: 1. the employee separates from County service; 2. the employee retires K. The Office of the County Auditor-Controller will establish timekeeping procedures to administer this Section. 7.3 Court Appearance Overtime. The County agrees to provide a minimum of three (3) hours overtime credit when in the line of duty employees in the classes of Welfare Fraud Investigators and District Attorney Senior Investigator are required to attend a duly constituted judicial proceeding on his or her regularly scheduled day off. 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 14 00267 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. An Employee assigned to on-call time shall be paid one (1) hour of straight time credit for each four (4) hours on such on-call time unless otherwise provided in this Agreement. Where on-call arrangements exist, the Department Head shall designate which employees are on-call unless otherwise provided in this Agreement. Section 10 Education Incentive 10.1 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. 10.2 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 department, 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 cer- tificate" 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.) 10.3 Incentive program - Intermediate certificate. Every officer below the class of: Lieutenant in the sheriff' s department, district attorney super- vising inspector in the district attorney's office or marshal I 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 intermediate P.O.S.T. cer- tificate. 10.4 Incentive program - Advanced certificate.. Every officer up to and including the class of: Lieutenant in the sheriff's department, district attor- ney supervising 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. 15 . 00268 10.5 Incentive Program - Pay status. These allowances shall be in addition to regular compensation and shall not e considered part of the base pay for payroll computation purposes. 10.6 Incentive program - Continued eligibility. Notwithstanding Sections 10.3 & 10.4, in order to remain eligible 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. 10.7 Incentive program - Exceptions to continued eligibility. (a) An officer otherwise entitled to the allowance under Section 10.3 need not meet the requirements of Section 10.6 if he has a bachelor's degree from an accredited college or university. (b) An officer otherwise entitled to the allowance under Section 10.4 need • not meet the requirements of Section 10.6 if he has a master's degree from an accredited college or university. 10.8 Incentive program - Post-graduate training. (a) Every officer below the class of lieutenant in the sheriff's department, district attorney super- vising 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 10.6, shall receive, in lieu of any other allowance under this article and section, a career incentive 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 and a master's degree from an accredited college or university, and who continues his education as provided in Section 10.6 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. 10.9 Incentive program - Exceptions to program. (a) Additional Training. No allowance s all be paid under Sections 10.1 through 10.10 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 10.1 through 10.10 for possessing a P.O.S.T. certificate required by the minimum qualifications of the class in which the officer has permanent status. 10.10 Incentive program - Administrator's regulations. The county admi- nistrator s all promulgate regulations to effectuate Sections 10.1 through 10.10. 16 00269 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 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 per- manent 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 pro- vided 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 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 17 00270 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 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 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 con- tinuous permanent County employment with remaining ties broken by random selec- tion 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 depart- ment, the appointing 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. 18 00271 11.10 Removal of Names from Reem to ent and Layoff Lists. The Director of Personnel may remove the name of any eligible rom 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 authori- ties. (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 if the class has permanent positions in more than one depart- ment, 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 repre- sented by the District Attorney Investigators ' 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. 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 ' s Birthday Washington 's Day Memorial Day Independence Day Such other days as the Board of Supervisors may by resolution designate as holidays. B. In recognition that Columbus Day, Lincoln' s Day and Admission Day will be deleted as holidays effective May 1, 1982 and 19 002'72 i employees ' shall accrue two (2) hours of personal holiday credit per month. Accrual of personal holiday time begins on .the date. of appointment to a permanent position and shall . be prorated according to the number of hours worked in that month. No employee who has been granted a leave without pay or unpaid military leave shall accrue any personal holiday time during the time of such leave, nor shall an employee who is absent without pay accrue personal holiday time during the absence. 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 the 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-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 holi- day. C. Employees will be paid one and one-half (1z) times their basic salary rate for holidays actually worked. The purpose of this plan is to equalize holidays between employees on 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 per- mitted 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. 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. 20 00273 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 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 5.6 of this Memorandum of Understanding. 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 November 1, 1979 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 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 November 1, 1979, 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 21 00274 13.3 No employee who has been granted a 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. 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. 21 `A 00275 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 cre- dit 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 exhausted 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 occupation 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 received by the appointing authority within thirty (30) days of the start of use of sick leave for permanent disa- bility. The appointing authority may review medical evi- dence and order further examination as he deems necessary, and may terminate use of sick leave when such further exa- mination demonstrates that the employee is not disabled, or when the appointing authority determines that the medi- cal evidence submitted by the employee is insufficient, or where the above conditions have not been met. 22 00276 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 state- ment of disability from the employee's attending physi- cian. 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 disabi- lity 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, 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 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. 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 23 00277 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. 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) work 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 cre- dits 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. 24 --00278 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 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 perfor- mance 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 25 00279 as he deems necessary in accordance with appropriate provisions of this Memorandum of Understanding. 14.5. Workers' Compensation. A. State tabor 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 quali fies for workers ' compensation benefits. Currently the maximum "4850 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: W C =. H X ( 1 - S ) Where C = Sick leave or vacation charge per day ( in hours) H = Hours worked per normal work day W = Statutory workers' compensation for a month S = Monthly salary 26 00280 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. 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 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 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 disability, the deci- sion 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 27 00281 Force, Marine Corps, Coast Guart 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 of 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 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 a position in 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. 28 00282 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. 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. 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 Dental Plan, Aetna Life insurance and the medical insurance options of Kiser-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 substitute plans before they are implemented. 1 The County will contribute up to the following monthly amounts toward the existing County Group Health Plan Program. 29 00283 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 79.16 .27 Safeguard 66.22 74.82 0 Family (No Medicare) No Dental 131.32 149.32 $ 16.09 CDS 140.60 163.60 35.06 Safeguard 140.60 163.60 21.79 Blue Cross Option Employee Only (No Medicare) No Dental $ 80.00 $ 89.00 $ 99.64 CDS 84.30 93.30 109.59 Safeauard 84.30 93.30 104.98 Family (No Medicare) No Dental $131.32 $149.32 $191.41 CDS 145.60 163.60 210.38 . Safeguard 145.60 163.60 197.11 Contra Costa Health Plan Option Employee Only (No Medicare) No Dental $ 53.61 $ 61.48 $ 0 CDS 67.19 75.73 0 Safeauard 63.25 71.12 0 Family (No Medicare) No Dental 131.32 149.32 5.84 CDS 145.60 163.60 24.81 Safeguard 145.60 163.60 11.54 H.E.A.L.S. Health Plan Option Employee Only (No Medicare) No Dental $ 68.00 $ 77.00 $ 5.17 CDS 72.30 81.30 10.51 Safeguard 72.30 81.30 10.51 Family (No Medicare) No Dental 131.32 149.32 $ 35.63 CDS 145.60 163.60 54.60 Safeguard 145.60 163.60 41.33 30 00284 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 (59.00) 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. 31 00285 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 pay- me nt 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 (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. Welfare Fraud Investigator - One (1) year District Attorney Senior Inspector - One (1) year 18.3 When the probationary period for a class is changed, only new appoin- tees to positions in the classification shall be subject to the revised proba- tionary 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 one-thousand (1,000) hours after appointment except that in no instance will i 32 00286 this period be less than six (6) calendar months from the beginning of proba- tion. 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. Notwithstanding any other provisions of the Memorandum of Understanding, an employee rejected during the probation period from a position in the Merit 33 0028 ' I 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 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 Laid Off 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. 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 34 00288 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 promo- tional 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%) ormore, 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. 35 00289 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; F. 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; 36 00290 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 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 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: 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 District Attorney into disrepute, 37 00291 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 a disciplinary action to dismiss, suspend, for more than five 5) work days (four [4j 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 regula- tion 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 38 00292 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 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 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 Due to 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 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 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 39 00293 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 head may designate. This formal written grievance shall state which provision of the Memorandum of Understanding has been 40 00294 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. Sten 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 or his/her 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 offi- cial 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 agreement between the employee and the Personnel Director. Such request shall be submitted within twenty (20) work days of the ren- dering 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 pre- sentation, including preparation and post hearing briefs, if any. 23.2 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 spe- cified in steps 1 through 3 above, the grievance will automatically move to the next step. If an employee fails to meet the time limits specified in steps 1 through 4 above, the grievance will be deemed to have been settled and withdrawn. 41 00295 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. 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- for 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. 42 00296 Section 24 - 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 th'e 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 25 - 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 26 - Mileage Effective October 11, 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 (1f) for each fifteen cents (15t) 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 27 - 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 43 00297 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 July 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 disco- very 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. Section 28 Provisional Appointment Whenever an appointing authority makes a request for personnel to fill a posi- tion 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 cer- tification 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 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 appoint- ments 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 insufficient internal applicants to constitute a full certification may the appointing authority consider applicants from outside County service. 44 00298 Section 29 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 personnel 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 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 30 - 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 31 - 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 to be out of his/her regular or normal work area during a meal hour because of a particular work assignment and with prior approval of the department head or his designee. 45 00299 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 official 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. 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 32 - 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. 46 00300 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. S. 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 33 - 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. Section 34 - 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 35 - 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. 47 00301 Section 36 - Permanent Intermittent Employee Benefits Permanent intermittent employees are eligible for prorated vacation and sick leave benefits . Section 37 - Permanent Intermittent Employees Health Plan Effective November 1, 1982 a permanent intermittent employee represented by the District Attorney Investigators ' 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 38 - 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 November 1, 1982, said provisional employees may participate in the County Group Health Plan 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 39 Professional Membership Stipend The County agrees to reimburse employees in the District Attorney Investigators ' Unit fifteen dollars ($15.00) per year per employee towards annual membership dues in one of the following profewsional organizations : California Association of Polygraph Examinees ; California Check Investigators ' Association; California District Attorney Tnvestigators ' Association, California Homicide Investigators ' Association; California Peace Officers ' Association; California Welfare Fraud Investigators ' Association ; or Peace Officers ' Research Association of California. Reimbursement in the amount prescribed above will be processed upon presentation of a verified receipt to the Auditor-Controller's Office showing payment of annual membership dues for one of the professional organizations listed above. Section 40 Safety Equipment a) The County agrees to continue to provide newly hired Inspectors with all required safety equipment. Said equipment shall remain the property of the County; b) Safety equipment deemed unserviceable by the District attorney or his authorized representative shall be turned over to the County and a replacement shall be furnished by the District Attorney or his authorized representative; 48 00302 c) District Attorney Inspectors who receive the One Hundred Dollar ($100.00 renumberation settlement as provided in paragraph #7-a) of the 1975-1976 Memorandum of Understanding shall be allowed to retain their current primary duty weapon once it has been deemed unserviceable by the District Attorney. However, all weapons provided by the County shall remain the property of the County; d) The provisions of this replacement program do not apply to safety equipment damaged or otherwise rendered unserviceable as a result of employee negligence, subject to the provisions of Section 3802 of the California Labor Code; e) The District Attorney or his designated representative retains the right to render final decisions on the serviceablility of safety equipment. Section 41 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 42 Scope of Agreement & Separability of Provision 42.1 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. 42.2 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. 42.3 Personnel Management Regulations. Where a specific provision contained 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 . 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. 42.4 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 termination date of its intention to amend, modify or terminate the agreement. 49 00, 303 Section 43 - 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 spe- cific 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: District Attorney Investigator 's Association Contra CoJsta County By B v B By y 50 0 '304 y ATTACHMENT A The District Attorney Investigator' s Association and the County have met and conferred in good faith regarding wages, hours and other terms and conditions of employment for employees in project classes which except for the project designation would be represented by the District Attorney Investigator's Association. For example, District Attorney Senior Inspector is represented by the Association, therefore it has been agreed that District Attorney Senior Inspector-Project will also be represented by the District Attorney Investigator' s Association. Other Project classes that are not readily identifiable as properly included in bargaining units represented by the District Attorney Investigators' Association shall be assigned to bargaining units in accordance with the provisions of Section 34-12.015 of Board of Supervisors Resolution 81/1165 as set forth in Section 2.8 of this Memorandum of Understanding. The 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 District Attorney Investigators ' Association in the following respects. 1. Project employees are not covered by the Merit System 2. Project employees may be separated from service at any time without regard to the provisions of this Memorandum of Understanding, without notice and without right of appeal or hearing or recourse to the grievance procedure as it applies to suspensions, demotions or discharge. 3. Any provision of this Memorandum of Understanding which per- tains to layoff or seniority are not applicable to project employees. 51 00305 CLASS & SALARY LISTING EXHIBIT A DISTRICT ATTORNEY INVESTIGATOR"S UNIT CLASS LEVEL SALARY RANGE CLASS TITLE 6K7A C5 - 0978 1208.00 - 1468.00 District Attorney Investigator Aide 6KVA C5 - 1641 2344.00 - 2849.00 District Attorney Senior Inspector 6KV1 C5 - 1641 2344.00 - 2849.00 District Attorney Senior Inspector-Project 6KWB C5 - 1495 2025.00 - 2462.00 Welfare Fraud Investigator 003 '6