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HomeMy WebLinkAboutMINUTES - 08161994 - 1.48 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on August 16 , 1994 by the following vote: AYES: Supervisors Smith, Bishop, De Saulnier, Torlakson and Powers NOES: None ABSENT: None ABSTAIN: None SUBJECT: Approval of Memorandum of Understanding with Contra Costa County Appraisers' Assn. Res. No. 94/418 The County and the Appraisers' Association having negotiated in good faith and agreed upon terms and conditions of employment for the period October 1 , 1993 through September 30, 1995; and, The County Administrator having submitted the attached Letter of Understanding dated June 21 , 1994 signed by representatives of the County and the Appraisers' Association which summarizes all agreements for the contract period noted above; and, The Board having thoroughly considered the Agreement, NOW THEREFORE: The Contra Costa County Board of Supervisors in its capacity as governing Board of the County of Contra Costa, and all districts of which it is the ex officio governing Board, RESOLVES THAT: Effective October 1 , 1993 the Letter of Understanding with the Appraisers' Association attached hereto inclusive of attachments is adopted inclusive of the following provision for lump sum adjustment of the educational incentive described in Attachment 1 : Lump-Sum Payment. For those employees who qualify on March 1 , 1994 for the educational incentive noted in Attachment 1 , and in lieu of a retroactive pay requiring special payroll recomputation processing back to March 1 , 1994, the County will make a lump sum payment to ,each employee for the months of March, April, May, June, and July 1994 computed as follows: Employee regular pay, overtime pay and specific other earnings ordinarily computed as a percentage of base pay will be added together for each applicable pay period to determine the Retro Pay Base (RPB). This base will then be multiplied by 1 .5% to arrive at the employee's lump sum amount. This lump sum gross amount will then be reconciled for the 5 month period against compensation already paid for educational incentive at a rate of $50 (flat) per month. Any net amount over $250 ($50/month x 5 months) will be added to the employee's September 10, 1994 paycheck where it will be listed separately as a "Lump Sum Payment" and will be subject to normal tax withholding and retirement deduction requirements. Any employee who qualifies for this educational incentive between April 1 , 1994 and July 1 , 1994 shall be adjusted on a pro rata basis in the manner described herein. I lierobv certifv ,*n:,t thl's is a true and correct copy of an acti0r, -nd lntcod on the minutes of the Board of Su p�i.�X qsors on the date shown. ATTESTED: Ad4d"f-16, 1 qJq PHIL WCHGLOR,Clerk 6{the Board pervi180 wo c4un `7Deoutv A Orig. Dept.: Personnel (Contact Eileen Bitten @ 646-4054) cc: Auditor-Controller/Payroll ey LA Employee Relations Assessor's Office Appraisers'Association se t Contra - Personnel Department C: Costa Administration Bldg. °` ' 651 Pine Street Cot 1 / Martinez, California 94553-1292 I n t y sTa`cou'K`� June 21, 1994 Carl Bailey, Acting President CCC Appraisers' Association 834 Court Street Martinez, CA 94553 Dear Mr. Bailey: This Letter of Understanding between Contra Costa County and the Contra Costa County Appraisers' Association reflects all negotiated agreements reached:between the parties on terms and conditions of employment solely affecting the Appraisers' Association and other agreements on Countywide issues, including wage and health benefit adjustments, negotiated through the Contra Costa Labor Coalition. These understandings will be memorialized in a comprehensive Memorandum of Understanding covering the period of October 1, 1993 through September 30, 1995 which will be signed by the parties and recommended to the Board of Supervisors for approval. 1. Unit Issues Specific to CCC Appraisers' Association A. Educational Incentive (Attachment 1); B. Standards Division Differential (Attachment 2); C. Personnel Management Regulations Certification Rule (Attachment 3); D. Americans With Disabilities Act (Attachment 4); and E. Assessor's Office Conflict of Interest Policy (Attachment 5). If. Wage and Health Benefit Adjustments A. All Wage and Health Benefit provisions contained in the January 13, 1994 Side Letter between Contra Costa County and the Contra Costa Labor Coalition which was adopted by the Board of Supervisors on January 18, 1994 are included. Carl Bailey Page 2 June 21, 1994 Ill. Coun jwide Issues Agreed to at the Contra Costa Labor Coalition A. Double Medical Coverage (Tentative Agreement signed 5/5/94); B. Medical Plan Discontinuance (Tentative Agreement signed 12/2/93); C. Pay Equity Side Letter (Tentative Agreement signed 9/24/93); D. Catastrophic Leave Bank (Tentative Agreement signed 12/3/93); E. Deferred Retirement Committee (Tentative Agreement signed 12/20/93); F. Voluntary Time Off Program (Tentative Agreement signed 12/3/93); G. Leaves of Absence, Family Care & Medical Leave (Tentative Agreement signed 4/14/94); H. Definition of Immediate Family - Niece/Nephew (Tentative Agreement .signed 5/5/94); I. Workforce Reduction - Removal of Names From Layoff Lists (Tentative Agreement signed 4/14/94); J. Grievance Procedure (Tentative Agreement signed 12/17/93); K. Holiday Pay (Tentative Agreement signed 12/9/93); L. Jury Duty (Tentative Agreement signed 11/18/93); M. Vacation Leave - On Reemployment From a Layoff List (Tentative Agreement signed 12/20/93); N. Workers' Compensation (Tentative Agreement signed 5/5/94); and 0. Attendance Program Committee (Tentative Agreement signed 5/5/94). Carl Bailey Page 3 June 21, 1994 If the foregoing conforms to your understanding, please indicate your approval and acceptance in the space provided below. Dated: CONTRA COSTA COUNTY CCC APPRAISERS' ASSOCIATION Eileen K. Bitten, Carl Bailey Acting Director of Personnel Acting President i��L 11--�AALQ Richard K. Heyne Employee Relations ger Attachments cc: Personnel/Records Auditor/Payroll Attachment 1 Management Counter Proposal to Appraisers'Association Proposal #11: Educational Incentive Modify language in Section 38 - EDUCATIONAL INCENTIVE to read: Effective March 1, 1994 classes represented by the Association will be entitled to a salary differential of one and one-half percent (1.5%) of base pay or a minimum of $50.00 per month, whichever is greater, for possession of a certification for educational achievement from at least one of the following: 1. American Institute of Real Estate Appraisers - Residential Member (RM) designation; _ 2. State Board of Equalization - Advanced Appraiser certification; 3. International Association of Assessing Officers - Residential Evaluation Specialist (RES); 4. Society of Auditor Appraisers - Master Auditor-Appraiser (MAA) designation; 5. Society of Real Estate Appraisers - Senior Residential Appraiser (SRA) designation; 6. Any other certification approved by the County Assessor and the Director of Personnel. Dated: Z2!Z 9',3,e CONTRA COSTA COUNTY APPRAISERS' ASSOCIATION � 91V PERSONNEL DEPT Attachment 2 94 AUG -4 AN f 1: 45 Standards Division Differential Associate Appraisers assigned to the Standards Division of the Assessor's Office shall receive a monthly differential in the amount of two and one-half percent (2.5%) of monthly base pay for each month assigned. This differential is in recognition of the additional responsibilities and duties required when assigned to the Standards Division. The Associate Appraiser in the Standards Division who is assigned the responsibility of providing lead direction and training to subordinate appraisers shall receive a monthly differential in the amount of two and one-ha'If percent (2.5%) of monthly base pay in addition to the differential described above. Implementation of the above differentials is contingent upon approval by the Board of Supervisors to reallocate the classes of Appraiser Analyst and Senior Appraiser Analyst to Associate Appraiser. The effective date of the differentials will be August 1, 9994. Dated: 47e/0t/?,V CONTRA COSTA COUNTY APPRAISERS' ASSOCIATION fJ I Attachment 3 Management Proposal Personnel Management Regulations Certification Rule Add language regarding the certification rule of the Personnel Management Regulations as follows: Certification Rule. A. Open Employment List. On each request for personnel from an open employment list, ten (10) names shall be certified. If more than one position is to be filled in any class in a department at the same time from the same request for personnel, the number of names to be certified from an open employment list shall be equal to the.number of positions to be filled plus nine B. Promotional Em looyment List. On each request for personnel from a promotional employment list, five (5) names shall be certified. If more than one position is to be filled in any class in a department at the same time from the same request for personnel, the number of names to be certified from a promotional employment list shall be equal to the number of positions to be filled plus four (4). Dated: 0 7/z8/yf� OF CONTRA COSTA COUNTY APPRAISERS' ASSOCIATION � �gy Qac. Attachment 4 Management Proposal American With Disabilities Act (ADA) Add the following ADA language to the Appraisers' Association Memorandum of Understanding: American With Disabilities Act (ADA) The County and the Association recognize that the County has an obligation to reasonably accommodate disabled employees. If by reason of the aforesaid requirement,the County contemplates actions to provide reasonable accommodation to an individual employee In compliance with the ADA which are in conflict with any provision of this Agreement, the Association will be advised of any such proposed accommodation. Upon request,the County will meet and confer with the Association on the impact of such accommodation. If the County and the Association do not reach agreement, the County may implement the accommodation,if required by law, without further negotiations. Nothing in this memorandum of understanding shall preclude the County from taking actions necessary to comply with the requirements of the Americans With Disabilities Act. Dated: ©7/2 4/9,e CONTRA COSTA COUNTY APPRAISERS' ASSOCIATION �� 9y Attachment 5 2/2/94 ASSESSOR'S OFFICE CONFLICT OF INTEREST POLICY DRAFT BACKGROUND The Assessor's Office has worked for many years to develop a relationship with the public based on trust and confidence. We are allowed access to private property and confidential records so we can perform our job. In order to maintain this trust we must conduct ourselves in such a way that we do not enter into any activity which is a conflict of interest. RESPONSIBILITY The employee is responsible to ensure that any activity he/she engages in is not inconsistent, incompatible, or in conflict of interest with his/her employment in the Office of the Assessor. NOTICE All department employees shall be notified in writing of the department's conflict of interest policy adopted pursuant to Government Code section 1126, which notification shall include a copy of that policy. Any proposed revisions to this policy are subject to the meet and confer process between the affected labor organizations and Contra Costa County. All employees will be notified in writing of any revisions. ANNUAL CERTIFICATION Each employee upon commencement of employment and annually thereafter shall sign a certificate attesting to the fact that they have received, read and understand the conflict of interest material in this policy. TRAINING All employees will receive training on this conflict of interest policy within one month of its implementation and every new employee will receive training on this policy during their initial training/orientation. 1 2/2/94 INCOMPATIBLE ACTIVITIES Activities included in this category are those where the activity the employee is engaging in is a conflict of interest, and/or the employee uses confidential office material while performing the activity. The following activities must be avoided by all Assessor's Office employees: 1. Any outside appraisal, auditing or accounting work regarding property located within Contra Costa County. 2. Employment or self-employment as a real estate broker or salesperson for remuneration or otherwise, dealing- with property located within Contra Costa County. 3. Rendering, in a professional capacity, any legal or other advice on property taxation except as required in the employment of her/his duties within ther department. 4. Use of County time, equipment, facilities or information in any outside employment. 5. Furnishing confidential information obtained from Assessor's Office records or confidential information obtained in the course of employment with the Assessor's Office to anyone outside the Assessor's Office without authorization. 6. Appraising, auditing or granting an exemption on any property belonging to oneself or to any relative in the normal course of employment with the Contra Costa County Assessor's Office. 7. Engaging in the processing of state or federal income tax returns for any business entity owning property in --Contra Costa County except for: church groups, lodges, social or employee organizations for no more than nominal compensation or for a business owned wholly or substantially by the employee. 8. Acceptance of gifts or bribes in money, goods or property, cancellation of debt or any other thing of value for any service provided in conjunction with the duties of the Contra Costa County Assessor's Office. (Any bribe or attempted bribe should be reported to your supervisor immediately. ) 9 . Employment as an attorney or self-employed as a licensed attorney at law where the subject matter of the representation relates to real or personal property taxation in Contra Costa 2 2/2/94 County. 10. Any outside or self employment (time spent) which affects your abilities to perform your assigned duties in this office. SENSITIVE ACTIVITIES Activities included in this category are those which while normally would not be incompatible with. the operation of the Contra Costa County Assessor's Office could be so construed depending on the type of activity and the area where the activity occurs . Sensitive activities must be avoided_ by all Assessor's Office employees unless the specific activity is initially approved -by the Assessor after written request by the employee. The Assessor may review approved sensitive activities annually. An example of a sensitive activity is: Employment with firms having contracts with the Contra Costa County Assessor's Office in connection with services or supplies provided to the department if the employee has the ability to influence a purchasing decision. ATTACHED REFERENCES Sections 672 and 1365 of the Revenue and Taxation Code and Sections 1090 and 1126 of the Government Code. DISCIPLINARY ACTION The disciplinary provisions of the Personnel Management regulations or the pertinent Memorandum of Understanding, whichever is applicable, shall govern disciplinary actions for violation of policies under Government Code section 1126. APPEAL Employees may appeal the application of Government Code section 1126 policies and/or disciplinary action thereunder through the grievance or appeal procedures set forth in the Personnel Management Regulations or the Pertinent Memorandum of Understanding, whichever is applicable. 3 1 CONFLICT OF INTEREST CERTIFICATE FOR THE PERIOD JANUARY 1, 1994 THROUGH DECEMBER 31, 1994 Name: Employee No. : Cert. No. : I have received a copy, read and understand the Assessor's Policy on "Conflict of Interest." (date) (employee signature) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated: Z12.r per_ CONTRA COSTA COUNTY APPRAISERS' ASSOCIATION