HomeMy WebLinkAboutMINUTES - 08081995 - C43 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on August 8, 1995 by the following vote:
AYES: Supervisors Rogers, Smith, DeSaulnier, Torlakson, Bishop
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT:
Approval of Memorandum of Understanding)
with Western Council of Engineers ) Res. No. 95/ 379
The Contra Costa County Board of Supervisors RESOLVES THAT:
1 . On October 18, 1994 the Employee Relations Manager submitted a Letter
of Understanding dated September 20, 1994, entered into with the
Western Council of Engineers for employees represented by the
organization.
2. Salaries and Terms and Conditions of Employment. The Memorandum of
Understanding incorporating the agreements outlined in the Letter of
Understanding with Western Council of Engineers is attached hereto.
Section 1 through 49 and Attachments are incorporated herein as if set
forth in full and made applicable to the represented employees.
3. This Board having thoroughly considered said Memorandum of
Understanding, the same is approved.
4. If an Ordinance(s) is required to implement any of the foregoing
provisions, the Board of Supervisors will adopt said Ordinance(s).
5. This Resolution is effective as of October 1 , 1993.
1 hereby certify that this is a true and correct copy of
an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
ATTESTED: Ald�{lI. - S.1995
PHIL BATCHELOR,Clerk of the Board
of Supervisors a my Administrator
Orig.Dept.: Human Resources Department(Contact Rich Heyne @ 646-4146)
cc: Auditor-Controller
Public Works Department via HRD
General Services Department via HRD
Western Council of Engineers via HRD
SEIU, Local 535 via HRD
MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND
WESTERN COUNCIL OF ENGINEERS
\l
This Memorandum of Understanding (MOU) is entered into pursuant
to the authority contained in Division 34 of Board of Supervisors
Resolution 81 /1 165 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 MOU shall be presented to the Contra Costa County Board of
Supervisors, as the governing board of the County and appropriate fire
districts, as the joint recommendations of the undersigned for salary
and employee benefit adjustments for the period commencing October
1 , 1993 and ending September 30, 1995.
Special provisions and restrictions pertaining to Project employees
covered by this MOU are contained in Attachment A which is attached
hereto and made a part hereof.
DEFINITIONS:
Appointing Authority: Department Head unless otherwise provided
by statute or ordinance.
Class: 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.
Class Title: The designation given to a class, to each position
allocated to the class, and to the employees allocated to the class.
County: Contra Costa County.
Demotion: 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 MOU, in the Personnel Management Regulations, or in specific
resolutions governing deep classifications.
Director of Personnel: The person designated by the County
Administrator to serve as the Assistant County Administrator-Director
of Personnel.
Eligible: Any person whose name is on an employment or
reemployment or layoff list for a given classification.
Employee: A person who is an incumbent of a position or who is on
leave of absence in accordance with provisions of this MOU and whose
position is held pending his/her return.
Employment List: A list of persons, who have been found qualified
for employment in a specific class.
Layoff List: 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.
Permanent-Intermittent Position: 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.
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i
Permanent Part-Time Position: Any position which will require the
services of an incumbent for an indefinite period but on a regularly
scheduled less than full time basis.
Permanent Position: Any position which has required, or which will
require the services of an incumbent without interruption, for an
indefinite period.
Permanent Status: Appointment to a position which must be
confirmed by successful completion of the probationary period
specified for the class.
Project Employee: 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.
Promotion: 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 MOU, in the Personnel Management Regulations, or in specific
resolutions governing deep classes.
Position: The assigned duties and responsibilities calling for the
regular full time, part-time or intermittent employment of a person.
Reallocation: 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.
Reclassification: 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.
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Reemployment List: 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.
Resignation: The voluntary termination of permanent service with the
County.
Temporary Employment: Any employment in the merit system 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.
Transfer: 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 - 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 /1 165 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 canceled 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
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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.
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.
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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.
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.
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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 Distribution of Materials. 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 1977-79 MOU. Section 11 of the 1977-1979
MOU between the County and Western Council of Engineers shall be
continued for the duration of this MOU.
SECTION 3 - NO DISCRIMINATION/AMERICANS WITH DISABILITIES
ACT (ADA)
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
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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 or
from carrying out the duties of the position safely or in a manner that
does not endanger the health of such person. There shall be no
discrimination because of Union membership or legitimate union
activity against any employee or applicant for employment by the
County or anyone employed by the County.
The County and the Council 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 MOU, the Council will be advised of such proposed
accommodation. Upon request, the County will meet and confer with
the Council on the impact of such accommodation. If the County and
the Council do not reach agreement, the County may implement the
accommodation if required by law without further negotiations.
nothing in this MOU shall preclude the County from taking actions
necessary to comply with the requirements of the ADA.
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
_ g _
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.
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SECTION 5 - SALARIES
5.1 General Wage Increases.
A. Effective ,July 1 , 1994 each represented classification shall
receive a general wage increase'of 10 levels on the County
Salary Schedule (1 .0045%).
B. Effective January 1 , 1995 each represented classification
shall receive a general wage increase of 10 levels on the
County Salary Schedule (1 .0045%). Any net savings achieved
by the County from the replacement of the 1 st Choice
Health Plan by the QualMed Health Plan for those eligible
to a salary increase as provided herein and which is above
the cost of the 20 level salary increase shall be added to the
I % salary increase effective January 1 , 1995.
C. The savings shall be computed on a per cap basis as
follows:
1 . The County's "original cost" shall be computed by
adding together the gross subvention for each
represented employee in 1 st Choice for the month of
10/1 /93, the sum then increased by 14%.
2. The County's "current cost" shall be computed by
adding together the gross subventions of each
represented employee who transferred from 1 st
Choice to QualMed for the month of 10/1 /94.
3. The amount of money to be provided as additional
monthly salary increases shall be the original cost
minus the current cost minus the monthly cost of the
20 level wage increase.
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.
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5.3 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.
B. Promotions. The anniversary date of a promoted employee
is determined as for a new employee in Subsection 5.2.A.
above.
C. Demotions. The anniversary of a demoted employee is the
first day of the calendar month after the calendar month
when the demotion was effective.
D. 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 percent (5%) of the top step of
the previous classification, remains unchanged.
E. 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
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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.
5.4 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 5.4 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 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.
5.5 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
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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 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.
5.7 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 & 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
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employee shall be compensated at the step on the new
range which is in the same percentage ratio to the top step
of the new range as was the salary received before
reallocation to the top step of the old range, but in no case
shall any employee be compensated at less than the first
step of the range to which the class is allocated.
B. In the event that a classification is reallocated from a salary
range with more steps to a salary range with fewer steps on
the salary schedule, apart from the general salary increase
or decrease described in 5.8.A. above, each incumbent of a
position in the reallocated class shall be placed upon the
step of the new range which equals the rate of pay received
before the reallocation. In the event that the steps in the
new range do not contain the same rates as the old range,
each incumbent shall be placed at the step of the new
range which is next above the salary rate received in the
old range, or if the new range does not contain a higher
step, at the step which is next lower than the salary
received in the old range.
C. In the event an employee is in a position which is
reallocated to a different class which is allocated to a salary
range the same as above or below the salary range of the
employee's previous class, the incumbent shall be placed at
the step in the new class which equals the rate of pay
received before reallocation. In the event that the steps in
the range for the new class do not contain the same rates
as the range for the old class, the incumbent shall be
placed at the step of the new range which is next above the
salary rate received in the old range; or if the new range
does not contain a higher step, the incumbent shall be
placed at the step which is next lower than the salary
received in the old range.
D. In the event of reallocation to a deep class, the provisions
of the deep class resolution and incumbent salary
allocations, if any, shall supersede Section 5.8.
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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 5.13, 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; provided, however, that the next step shall not
exceed the maximum salary for the higher class.
5.10 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 (5%) greater than the next higher
step, if the new range permits such adjustment.
5.11 Salary on Involuntary Demotion. Any employee who is
demoted, except as provided under Section 5.13, 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.
5.12 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)
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salary range permit, and if not, new salary shall be set at the step next
below former salary.
5.13 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.
5.14 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 the Memorandum. Effective with the ratification of this MOU, pay
for work in a higher classification will commence on the 73rd hour of
the assignment, under the following conditions:
a. The employee is assigned to a program service, or activity
established by the Board of Supervisors which is reflected
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in an authorized position which has been classified and
assigned to the Salary Schedule.
b. 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.
C. Employee selected for the assignment will normally be
expected to meet the minimum qualifications for the higher
classification.
d. Pay for work in a higher classification shall not be utilized
as a substitute for regular promotional procedures provided
in this MOU.
e. Higher pay assignments shall not exceed six (6) months
except through reauthorization.
f. 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.
g. 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.
h. 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.
L 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.
5.15 Payment. On the tenth (10th) day of each month, the
Auditor will draw a warrant upon the Treasurer in favor of each
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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 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.
5.16 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.
Pay errors 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. This provision shall apply regardless of
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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. The Department Head shall prepare
written schedules in advance to support all deviations, including 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 & 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 -%Z) 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
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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 MOU. The specific provision of this
accumulation are set forth in Section 12.5 of this MOU. Regular
overtime for 24-hour institutional employees may be accrued as
compensatory time in accordance with Section 7.2 of this MOU.
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
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 one-hundred twenty (120) hours. Once a one-
hundred twenty (120) hour 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
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time off for authorized overtime hours worked until the
employee's balance again reaches one hundred twenty
(120) hours.
e. Accrued compensatory time off shall be carried over for use
in the next fiscal year; however, as provided in d. above,
accrued compensatory time off balances may not exceed
one hundred twenty (120) hours.
f. 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.
g. 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.
h. 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 i. below.
i. Since employees accrue compensatory time off at the rate
of one and one-half (1 -112) 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:
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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.
j. The Office of the County Auditor-Controller will establish
timekeeping procedures to administer this Section.
7.3 Fair Labor Standards Act Provisions. The Fair Labor
Standards Act as amended, may govern certain terms and conditions
of the employment of employees covered by this MOU. It is
anticipated that compliance with the Act may require changes in some
of the County policies and practices currently in effect or agreed upon.
It is determined by the County that certain working conditions,
including but not limited to work schedules, hours of work, method of
computing overtime, overtime pay, and compensatory time off
entitlements or use, must be changed to conform with the Fair Labor
Standards Act, such terms and conditions of employment shall not be
controlled by this MOU but shall be subject to modification by the
County to conform to the Federal Law without further meeting and
conferring. The County shall notify the Union (employee
organizations) and will meet and confer with said organization
regarding the implementation of such modifications.
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.
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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 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 -112) 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 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.
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SECTION 11 - SENIORITY, WORKFORCE REDUCTION, LAYOFF &
REASSIGNMENT
11 .1 Workforce Reduction. In the event that funding reductions
or shortfalls in funding occur in a department or are expected, which
may result in layoffs, the department will notify the union and take the
following actions:
a. Identify the classification(s) in which position reductions
may be required due to funding reductions or shortfalls.
b. Advise employees in those classifications that position
reductions may occur in their classifications.
C. Accept voluntary leaves of absence from employees in
those classifications which do not appear to be potentially
impacted by possible position reductions when such leaves
can be accommodated by the department.
d. Consider employee requests to reduce their position hours
from full time to part time to alleviate the impact of the
potential layoffs.
e. Approve requests for reduction in hours, lateral transfers,
and voluntary demotions to vacant, funded positions in
classes not scheduled for layoffs within the department, as
well as to other departments not experiencing funding
reductions or shortfalls when it is a viable operational
alternative for the department(s).
f. Review various alternatives which will help mitigate the
impact of the layoff by working through the Tactical
Employment Team program (TET) to:
I . Maintain an employee skills inventory bank to be used
as a basis for referrals to other employment
opportunities.
2. Determine if there are other positions to which
employees may be transferred.
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3. Refer interested persons to vacancies which occur in
other job classes for which they qualify and can use
their layoff eligibility.
4. Establish workshops to aid laid off employees in areas
such as resume preparation, alternate career
counseling, job search strategy, and interviewing
skills.
g. 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, the Employee Relations Officer shall
notify the Council of the possibility of such layoffs and
shall meet and confer with the Council regarding the
implementation of the action.
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11 .2 Separation Through Layoff
A. 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).
B. 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.
C. Layoff By Displacement.
1 . 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.
2. 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 of an employee having less seniority; the
least senior employee being displaced first, and so on
with senior displaced employees displacing junior
employees.
D. Particular Rules on Displacing.
1 . Permanent-intermittent and permanent part-time
employees may displace only employees holding
permanent positions of the same type respectively.
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2. A permanent full time employee may displace any
intermittent or part-time employee with less seniority
1 ) in the same class or, 2) in a class of the same or
lower salary level if no full time employee in a class at
the same or lower salary level has less seniority than
the displacing employees.
3. 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.
E. 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,
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 period of
layoff eligibility. Approved leaves of absence as provided
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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.
F. 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 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.
G. Order of Names on Layoff. First, layoff lists shall contain
the names of persons laid off, displaced, or 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 continuous permanent County employment with
remaining ties broken by random selection among the
employees involved.
H. Duration of Layoff and Reemployment Rights. The name
of any person granted reemployment privileges shall
continue on the appropriate list for a period of two (2)
years. Persons placed on layoff lists shall continue on the
appropriate list for a period of four (4) years.
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I. 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 or transferred in lieu of layoff or displacement. When
a request for personnel is received from the appointing
authority of a department from which an eligible(s) was laid
off, the appointing authority shall receive and appoint the
eligible highest on the layoff list from the department.
When a request for personnel is received from a department
from which an eligible(s) was not laid off, the appointing
authority shall receive and appoint the eligible highest on
the layoff list who shall be subject to a probationary period.
A person employed from a layoff list shall be appointed at
the same step of the salary range the employee held on the
day of layoff.
J. Removal of Names from Reemployment & Layoff Lists.
The Director of Personnel may remove the name of any
eligible from a reemployment or layoff list for any reason
listed below:
1 . For any cause stipulated in Section 404.1 of the
Personnel Management Regulations.
2. On evidence that the eligible cannot be located by
postal authorities.
3. 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.
4. If three offers of permanent appointment to the class
for which the eligible list was established have been
declined by the eligible.
5. If the eligible fails to respond to the Director of
Personnel or the appointing authority within ten (10)
days to written notice of certification mailed to the
person's last known address.
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6. If the person on the reemployment or layoff list is
appointed to another position in the same or lower
classification, the name of the person shall be
removed.
7. However, if the first permanent appointment of a
person on a layoff list is to a lower class which has a
top step salary lower than the top step of the class
from which the person was laid off, the name of the
person shall not be removed from the layoff list. Any
subsequent appointment of such person from the
layoff list shall result in removal of that person's
name.
K. Removal of Names from Reemployment and Layoff
Certifications. The Director of Personnel may remove the
name of any eligible from a reemployment or layoff
certification if the eligible fails to respond within five (5)
days to a written notice of certification mailed to the
person's last known address.
11 .3 Notice. The County agrees to give employees scheduled for
layoff at least ten (10) work days notice prior to their last day of
employment.
11 .4 Special Employment Lists. The County will establish a TET
Employment Pool which will include the names of all laid off County
employees. Special employment lists for job classes may be
established from the pool. Persons placed on a special employment
list must meet the minimum qualifications for the class. An
appointment from such a list will not affect the individual's status on
a layoff list(s).
11 .5 Reassignment of Laid Off Employees. Employees who
displaced within the same classification from full time to part-time or
intermittent status in a layoff, or who voluntarily reduced their work
hours to reduce the impact of layoff, or who accepted a position of
another status than that from which they were laid off upon referral
from the layoff list, may request reassignment back to their pre-layoff
status (full time or part-time or increased hours). The request must be
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in writing in accord with each department's reassignment bid or
selection process. Employees will be advised of the reassignment
procedure to be followed to obtain reassignment back to their former
status at the time of the workforce reduction. The most senior laid off
employee in this status who requests such a reassignment will be
selected for the vacancy; except when a more senior laid off individual
remains on the layoff list and has not been appointed back to the class
from which laid off, a referral from the layoff list will be made to fill
the vacancy.
11 .6 Further Study. The County agrees to meet with the Labor
Coalition for study of the concept of employee's waiver of
displacement rights in a layoff.
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SECTION 12 - HOLIDAYS
12.1 Holidays Observed. The County will observe the following
holidays:
A. ,January 1 st, known as New Years Day
Third Monday in ,January known as Dr. M. L. King, Jr. Day
Third Monday in February, known as Presidents Day
The last Monday in May, known as Memorial Day
July 4th known as Independence Day
First Monday in September, known as Labor Day
November 11 th, known as Veteran's Day
Fourth Thursday in November, known as Thanksgiving Day
The Friday after Thanksgiving Day
December 25th, known as Christmas 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-tenth (1 /10) 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 forty (40) hours of personal holiday credit beginning
January 1 , 1988. 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 Application of Holiday Credit. 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 entlitled to credit for any holiday, whether
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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
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. Permanent part-time and
permanent-intermittent employees who work on a holiday shall receive
overtime pay or compensatory time credit for all hours worked, up to
a maximum of 8.
12.4 4/10 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.
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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 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
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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 5.6 of this MOU.
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 /10 hour.
13.2 Vacation Accrual Rates. 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
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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 Bridging of Service. Employees who are rehired and have
their service bridged in accordance with the provisions of this MOU
shall have their prior service time count toward longevity accrual.
13.4 Accrual During Leave Without Pay. 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. 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.
13.7 Vacation Leave on Reemployment from a Layoff List.
Employees with six months or more service in a permanent position
prior to their layoff, who are employed from a layoff list, shall be
considered as having completed six months tenure in a permanent
position for the purpose of vacation leave. The appointing authority
or designee will advise the Auditor-Controller's Payroll Unit in each
case where such vacation is authorized so that appropriate Payroll
system override actions can be taken.
SECTION 14 - SICK LEAVE
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14.1 Purpose of Sick Leave. The primary purpose of paid sick
leave is to ensure employees against loss of pay for temporary
absences from work due to illness or injury. It is a benefit extended
by the County and may be used only as authorized; it is not paid time
off which employees may use for personal activities.
14.2 Credits To and Charges Against Sick Leave. Sick leave
credits accrue at the rate of eight (8) working hours credit for each
completed month of service, as prescribed by County Salary
Regulations. 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-tenth hour (6 minute) increments.
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 reemployed in a permanent position within the
period of lay off eligibility.
As of the date of retirement, an employee's accumulated sick leave is
converted to retirement on the basis of one day of retirement service
credit for each day of accumulated sick leave credit.
14.3 Policies Governing the Use of Paid Sick Leave. As
indicated above, the primary purpose of paid sick leave is to ensure
employees against loss of pay for temporary absences from work due
to illness or injury. The following definitions apply:
Immediate Family: Includes only the spouse, son, stepson, daughter,
stepdaughter, father, stepfather, mother, stepmother, brother, sister,
grandparent, grandchild, niece, nephew, father-in-law, mother-in-law,
daughter-in-law, son-in-law, brother-in-law, sister-in-law, foster
children, aunt, uncle, cousin, stepbrother, or stepsister of an employee
and/or includes any other person for whom the employee is the legal
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guardian or conservator, or any person who is claimed as a
"dependent" for IRS reporting purposes by the employee.
Employee: Any person employed by Contra Costa County in an
allocated position in the County service.
Paid Sick Leave Credits: Sick leave credits provided for by County
Salary Regulations and memoranda of understanding.
Condition/Reason: With respect to necessary verbal contacts and
confirmations which occur between the department and the employee
when sick leave is requested or verified, a brief statement in non-
technical terms from the employee regarding inability to work due to
injury or illness is sufficient.
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. Temporary Illness or Inaury of an Employee. Paid sick leave
credits may be used when the employee is off work because
of a temporary illness or injury.
b. Permanent Disability Sick Leave. Permanent disability
means 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
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
following conditions:
1 . An application for retirement due to disability has
been filed with the Retirement Board.
2. Satisfactory medical evidence of such disability is
received by the appointing authority within 30 days of
the start of use of sick leave for permanent disability.
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3. 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 when under a physician's order to remain
secluded due to exposure to a communicable disease.
d. Sick Leave Utilization for Pregnancy Disability. Employees
whose disability is caused or contributed to by pregnancy,
miscarriage, abortion, childbirth, or recovery therefrom,
shall be allowed to utilize sick leave credit to the.maximum
accrued by such employee during the period of such
disability under the conditions set forth below:
1 . Application for such leave must be made by the
employee to the appointing authority accompanied by
a written statement of disability from the employee's
attending physician. The statement must address
itself to the employee's general physical condition
having considered the nature of the work performed
by the employee, and it must indicate the date of the
commencement of the disability as well as the date
the physician anticipates the disability to terminate.
2. If an employee does not apply for 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. Should the medical
report so recommend, a mandatory leave shall be
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imposed upon the employee for the duration of the
disability.
3. 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 dates of the
employee's recovery from such disability.
e. Medical & Dental Appointments. An employee may use paid
sick leave credits:
1 . For working time used in keeping medical and dental
appointments for the employee's own care; and
2. For working time used by an employee for
prescheduled medical and dental appointments for an
immediate family member.
f. Emergency Care of Family. An employee may use paid sick
leave credits for working time used in cases of illness or
injury to an immediate family member.
g. Death"of Family Member. An employee may use paid sick
leave credits for working time used because of a death in
the employee's immediate family, but this shall not exceed
three working days, plus up to two days of work time for
necessary travel.
h. Accumulated paid sick leave credits may not be used in the
following situations:
1 . Vacation. Paid sick leave credits may not be used for
an employee's illness or injury which occurs while he
is on vacation but the County Administrator may
authorize it when extenuating circumstances exist
and the appointing authority approves.
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2. Not in Pay Status. Paid sick leave credits may not be
used when the employee would otherwise be eligible
to use paid sick leave credits but is not in pay status.
14.4 Administration of Sick Leave. The proper administration
of sick leave is a responsibility of the employee and the department
head. The following procedures apply:
A. Employee Responsibilities
1 . Employees are responsible for notifying their
department of an absence prior to the commencement
of their work shift or as soon thereafter as possible.
Notification shall include the reason and possible
duration of the absence.
2. Employees are responsible for keeping their
department informed on a continuing basis of their
condition and probable date of return to work.
3. Employees are responsible for obtaining advance
approval from their supervisor for the scheduled time
of pre-arranged personal or family medical and dental
appointment.
4. Employees are encouraged to keep the department
advised of (1 ) a current telephone number to which
sick leave related inquiries may be directed, and (2)
any condition(s) and/or restriction(s) that may
reasonably be imposed regarding specific locations
and/or persons the department may contact to verify
the employee's sick leave.
B. Department Responsibilities. The use of sick leave may
properly be denied if these procedures are not followed.
Abuse of sick leave on the part of the employee is cause for
disciplinary action.
Departmental approval of sick leave is a certification of the
legitimacy of the sick leave claim. The department head or
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designee may make reasonable inquiries about employee
absences. The department may require medical verification
for an absence of three (3) or more working days. The
department may also require medical verification for
absences of less than three (3) working days for probable
cause if the employee had been notified in advance in
writing that such verification was necessary. Inquiries may
be made in the following ways:
1 . Calling the employee's residence telephone number or
other contact telephone number provided by the
employee if telephone notification was not made in
accordance with departmental sick leave call-in
guidelines. These inquiries shall be subject to any
restrictions imposed by the employee under Section
14.4.A.
2. Obtaining the employee's signature on the
Absence/Overtime Record, or on another form
established for that purpose, as employee certification
of the legitimacy of the claim.
3. Obtaining the employee's written statement of
explanation regarding the sick leave claim.
4. Requiring the employee to obtain a physician's
certificate or verification of the employee's illness,
date(s) the employee was incapacitated, and the
employee's ability to return to work, as specified
above.
5. In absences of an extended nature, requiring the
employee to obtain from their physician a statement
of progress and anticipated date on which the
employee will be able to return to work, as specified
above.
Department heads are responsible for establishing
timekeeping procedures which will insure the
submission of a time card covering each employee
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absence and for operating their respective offices in
accordance with these policies and with clarifying
regulations issued by the Office of the County
Administrator.
To help assure uniform policy application, the
Personnel Director or designated management staff
of the County Personnel Department should be
contacted with respect to sick leave determinations
about which the department is in doubt.
14.5 Disability.
A. An employee physically or mentally incapacitated for the
performance of duty is subject to dismissal, suspension or
demotion, subject to the County Employees Retirement Law
of 1937. An appointing authority after giving notice may
place an employee on leave if the appointing authority has
filed an application for disability retirement for the
employee, or whom the appointing authority believes to be
temporarily or permanently physically or mentally
incapacitated for the performance of the 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
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.
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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 MOU.
E. Before an employee is placed on an unpaid leave of absence
or suspended because of physical or mental incapacity
under (A) or (B) above, the employee shall be given notice
of the proposed leave of absence or suspension by letter or
memorandum, delivered personally or by certified mail,
containing the following:
1 . a statement of the leave of absence or suspension
proposed;
2. the proposed dates or duration of the leave or
suspension which may be indeterminate until a
certain physical or mental health condition has been
attained by the employee;
3. a statement of the basis upon which the action is
being taken;
4. a statement that the employee may review the
materials upon which the action is taken;
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5. a statement that the employee has until a specified
date (not less than seven (7) work days from personal
delivery or mailing of the notice) to respond to the
appointing authority orally or in writing.
F. Pending response to the notice the appointing authority for
cause specified in writing may place the employee on a
temporary leave of absence, with pay.
G. The employee to whom the notice has been delivered or
mailed shall have seven (7) work days to respond to the
appointing authority either orally or in writing before the
proposed action may be taken.
H. After having complied with the notice requirements above,
the appointing authority may order the leave of absence or
suspension in writing stating specifically the basis upon
which the action is being taken, delivering the order to the
employee either personally or by certified mail, effective
either upon personal delivery or deposit in the U.S. Postal
Service.
I. An employee who is placed on leave or suspended under
this section may, within ten (10) calendar days after
personal delivery or mailing to the employee of the order,
appeal the order in writing through the Director of
Personnel to the Merit Board. Alternatively, the employee
may file a written election with the Director of Personnel
waiving the employee's right to appeal to the Merit Board
in favor of appeal to a Disability Review Arbitrator.
�. In the event of an appeal either to the Merit Board or the
Disability Review Arbitrator, the employee has the burden
of proof to show that either:
1 . the physical or mental health condition cited by the
appointing authority does not exist, or
2. the physical or mental health condition does exist, but
it is not sufficient to prevent, preclude, or impair the
- 45 -
employee's performance of duty, or is not sufficient to
endanger the health or safety of the employee, other
employees, or the public.
K. If the appeal is to the Merit Board, the order and appeal
shall be transmitted by the Director of Personnel to the
Merit Board for hearing under the Merit Board's Procedures,
Section 1114-1128 inclusive. Medical reports submitted in
evidence in such hearings shall remain confidential
information and shall not be a part of the public record.
L. If the appeal is. to a Disability Review Arbitrator, the
employee (and his representative) will meet with the
County's representative to mutually select the Disability
Review Arbitrator, who may be a de facto arbitrator, or a
physician, or a rehabilitation specialist, or some other
recognized specialist mutually selected by the parties. The
arbitrator shall hear and review the evidence. The decision
of the Disability Review Arbitrator shall be binding on both
the County and the employee.
Scope of the Arbitrator's Review.
1 . The arbitrator may affirm, modify or revoke the leave
of absence or suspension.
2. The arbitrator may make his decision based only on
evidence submitted by the County and the employee.
3. The arbitrator may order back pay or paid sick leave
credits for any period of leave of absence or
suspension if the leave or suspension is found not to
be sustainable, subject to the employee's duty to
mitigate damages.
4. The arbitrator's fees and expenses shall be paid one-
half by the County and one-half by the employee or
employee's association.
14.6 Workers' Compensation.
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A. Employees who leave work as a result of an on-the-job
injury will have the balance of that day charged to sick
leave and/or vacation accruals. This will be considered as
the last day worked for purposes of determining Workers'
Compensation Benefits.
B. Three (3) consecutive calendar days following the last day
worked constitutes a waiting period before Workers'
Compensation starts. The time the employee is scheduled
to work during this waiting period will be charged to the
employee's sick leave and/or vacation accruals. In order to
qualify for Workers' Compensation the employee must be
under the care of a"physician. Temporary compensation is
payable on the first three (3) days of disability when the
injury necessitates hospitalization, or when the disability
exceeds fourteen (14) 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.
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
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Workers' Compensation Program will be cleared through the
County Administrator's Office, Risk Management 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.tion. 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 ftfl4 salary
by integrating sick leave and/or vacation accruals with
workers' compensation rehabilitation temporary disability
benefits until those accruals are exhausted. Thereafter, the
rehabilitation temporary disability benefits will be paid
directly to the employee.
F. Health Insurance. The County contribution to the
employee's group insurance plan(s) continues during the
continuing pay period and during integration of sick leave
or vacation with workers' compensation benefits.
G. Method of Integration:
An employee's sick leave and/or vacation charges shall be
calculated as follows:
C = 8 [1 - (W = s)]
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C = sick leave or vacation charge per day (in hours)
W = statutory workers' compensation for a month
S = monthly salary
14.7 Coordination of Benefits. 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 Accrual During Leave Without Pay. 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.
14.10 Sick Leave Coalition. The County agrees to meet and
confer with a coalition of employee organizations, including this
council, to revise the Countywide Sick Leave Policy. Such meet and
confer sessions shall take place during the term of this MOU.
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SECTION 15 - CATASTROPHIC LEAVE BANK
15.1 Program Design. Effective April 1 , 1994, the County
Personnel Department will begin operation of a Catastrophic Leave
Bank which is designed to assist any County employee who has
exhausted all paid accruals due to a serious or catastrophic illness,
injury, or condition of the employee or family member. The program
establishes and maintains a Countywide bank wherein any employee
who wishes to contribute may authorize that a portion of his/her
accrued vacation, compensatory time, holiday compensatory time or
floating holiday be deducted from those account(s) and credited to the
Catastrophic Leave Bank. Upon approval, credits from the Catastrophic
Leave Bank may be transferred to a requesting employee's sick leave
account so that employee may remain in paid status for a longer
period of time, thus partially ameliorating the financial impact of the
illness, injury, or condition.
Catastrophic illness or injury is defined as a critical medical condition,
a long-term major physical impairment or disability which manifests
itself during employment.
15.2 Operation. The plan will be administered under the
direction of the Personnel Director. The Personnel Department will be
responsible for receiving and recording all donations of accruals and
for initiating transfer of credits from the Bank to the recipient's sick
leave account. Disbursement of accruals will be subject to the
approval of a six (6) member committee composed of three (3)
members appointed by the County Administrator and three (3)
members appointed by the majority representative employee
organizations. The committee shall meet as necessary to consider all
requests for credits and shall make determinations as to the
appropriateness of the request and the amount of accruals to be
awarded. Consideration of all requests by the committee will be on an
anonymous requestor basis.
Hours transferred from the Catastrophic Leave Bank to a recipient will
be in the form of sick leave accruals and shall be treated as regular
sick leave accruals.
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To receive credits under this plan, an employee must have permanent
status, must have exhausted all time off accruals to a level below eight
(8) hours total, have applied for a medical leave of absence and have
medical verification of need.
Donations are irrevocable and may be made in minimum blocks of
eight (8) hours per donations from balances in the vacation, holiday,
floating holiday, compensatory time, or holiday compensatory time
accounts.
Time donated will be converted to a dollar value and the dollar value
will be converted back to sick leave accruals at the recipient's base
hourly rate when disbursed. Credits will not be on a straight hour-for-
hour basis. All computations will be on a standard 173.33 basis,
except that employees on other than a 40 hour week will have hours
prorated according to their status.
Any recipient will be limited to a total of 1040 hours or its equivalent
per catastrophic event; each donor will be limited to 120 hours per
calendar year.
No element of this plan is grievable. All appeals from either a donor
or recipient will be resolved on a final basis by the Director of
Personnel.
This Catastrophic Leave Bank program is adopted on a twelve-month
pilot program ending April 1 , 1995. Its continuation will be subject to
consideration of administrative ease of operation, cost and acceptance
by employees.
No employee will have any entitlement to catastrophic leave benefits.
The award of Catastrophic Leave will be at the sole discretion of the
committee, both as to amounts of benefits awarded and as to persons
awarded benefits. Benefits may be denied, or awarded for less than
six months. The committee will be entitled to limit benefits in
accordance with available contributions and to choose from among
eligible applicants, on an anonymous basis, those who will receive
benefits.
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Any unused hours transferred to a recipient will be returned to the
Catastrophic Leave Bank.
SECTION 16 - LEAVE OF ABSENCE
16.1 Leave Without Pay. Any employee who has permanent
status may be granted a leave of absence without pay upon written
request, approved by the appointing authority; provided, however,
that leaves for pregnancy, pregnancy disability, serious health
conditions, and family care shall be granted in accordance with
applicable state and federal law.
16.2 General Administration - Leaves of Absence. 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, disability or serious health condition;
2. pregnancy or pregnancy disability;
3. family care;
4. to take a course of study such as will increase the
employee's usefulness on return to the position;
5. for other reasons or circumstances acceptable to the
appointing authority.
B. An employee must request family care leave at least 30
days before the leave is to begin if the need for the leave is
foreseeable. If the need is not foreseeable, the employee
must provide written notice to the employer within five (5)
days of learning of the event by which the need for family
care leave arises.
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C. 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. The 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.
D. Nevertheless, a leave of absence for the employee's serious
health condition or for family care shall be granted to an
employee who so requests it for up to 18 weeks in each
calendar year period in accordance with Section 16.5 below.
E. Whenever an employee who has been granted a leave
without pay desires to return before the expiration of such
leave, the employee shall submit a request to the
appointing authority in writing at least fifteen (1 5) days in
advance of the proposed return. Early return is subject to
prior approval by the appointing authority. The Personnel
Department shall be notified promptly of such return.
F. Except in the case of leave of absence due to family care,
pregnancy, pregnancy disability, illness, disability, or
serious health condition, the decision of the appointing
authority on granting or denying leave or early return from
leave shall be subject to appeal to the Personnel Director
and not subject to appeal through the grievance procedure
set forth in this MOU.
16.3 Furlough Days Without Pay. Subject to the prior written
approval of the appointing authority, employees may elect to take
furlough days or hours without pay (pre-authorized absence without
pay), up to a maximum of 15 calendar days for any one period. Longer
pre-authorized absences without pay are considered leaves of absence
without pay. Employees who take furlough time shall have their
compensation for the portion of the month worked computed in
accord with Section 5.6 (Compensation for Portion of Month) of this
MOU. Full time and part-time employees who take furlough time shall
have their vacation, sick leave, floating holiday, and any other payroll
computed accruals computed as though they had worked the furlough
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time. When computing vacation sick leave, floating holiday, and other
accrual credits for employees taking furlough time, this provision shall
supersede Section 12.1 , 13.1 , 13.3, and 14.2 of this MOU regarding
the computation of vacation, sick leave, floating holiday, and other
accrual credits as regards furlough time only. For payroll purposes,
furlough time (absence without pay with prior authorization of the
appointing authority) shall be reported separately from other absences
without pay to the Auditor-Controller. The existing VTO program shall
be continued for the life of the contract.
16.4 Military Leave. Any employee in the merit system 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.
16.5 Family Care Leave or Medical Leave. Upon request to the
appointing authority, in each calendar year any employee who has
permanent status shall be entitled to at least eighteen (18) weeks
leave (less if so requested by the employee) for:
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a. medical leave of absence for the employee's own serious
health condition which makes the employee unable to
perform the functions of the employee's position; or
b. family care leave of absence without pay for reason of the
birth of a child of the employee, the placement of a child
with an employee in connection with the adoption or foster
care of the child by the employee, or the serious illness or
health condition of a child, parent, spouse, or domestic
partner of the employee.
16.6 Intermittent Use of Leave. The employee may be asked to
provide certification of the need for family care leave or medical leave.
Additional period(s) of family care or medical leave may be granted by
the appointing authority.
16.7 Aggregate Use for Spouse. The 18 week entitlement may be in
broken periods, intermittently on a regular or irregular basis, or may
include reduced work schedules depending on the specific
circumstances and situations surrounding the request for leave. The
18 weeks may include use of appropriate available paid leave accruals
when accruals are used to maintain pay status, but use of such
accruals is not required beyond that specified in Section 16.12 below.
When paid leave accruals are used for a medical or family care leave,
such time shall be counted as a part of the 18 week entitlement.
16.8 Definitions. In the situation where husband and wife are both
employed by the County, the family care of medical leave entitlement
based on the birth, adoption or foster care of a child is limited to an
aggregate for both employees together of 18 weeks during each
calendar year period. Employees requesting family care leave are
required to advise their appointing authority(ies) when their spouse is
also employed by the County.
16.9 Definitions. For medical and family care leaves of absence
under this section, the following definitions apply:
a. Child: A biological, adopted, or foster child, stepchild, legal
ward, conservatee or a child who is under 18 years of age
for whom an employee stands in loco parentis or for whom
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the employee is the guardian or conservator, or an adult
dependent child of the employee.
b. Parent: A biological, foster, or adoptive parent, a step-
parent, legal guardian, conservator, or other person
standing in loco parentis to a child.
C. Spouse: A partner in marriage as defined in California Civil
Code Section 4100.
d. Domestic Partner: An unmarried person, eighteen (18)
years or older, to whom the employee is not related and
with whom the employee resides and shares the common
necessities of life.
e. Serious Health Condition: An illness, injury, impairment, or
physical or mental condition which warrants the
participation of a family member to provide care during a
period of treatment or supervision and involves either
inpatient care in a hospital, hospice or residential health
care facility or continuing treatment or continuing
supervision by a health care provider (e.g. physician or
surgeon) as defined by state and federal law.
f. Certification for Family Care Leave: A written
communication to the employer from a health care provider
of a person for whose care the leave is being taken which
need not identify the serious health condition involved, but
shall contain:
1 . the date, if known, on which the serious health
condition commenced;
2. the probable duration of the condition;
3. an estimate of the amount of time which the employee
needs to render care or supervision;
- 56 -
4. a statement that the serious health condition warrants
the participation of a family member to provide care
during period of treatment or supervision;
5. if for intermittent leave or a reduced work schedule
leave, the certification should indicate that the
intermittent leave or reduced leave schedule is
necessary for the care of the individual or will assist
in their recovery, and its expected duration.
g. Certification for Medical Leave: A written communication
from a health care provider of an employee with a serious
health condition or illness to the employer, which need not
identify the serious health condition involved, but shall
contain:
1 . the date, if known, on which the serious health
condition commenced;
2. the probable duration of the condition;
3. a statement that the employee is unable to perform
the functions of the employee's job;
4. if for intermittent leave or a reduced work schedule
leave, the certification should indicate the medical
necessity for the intermittent leave or reduced leave
schedule and its expected duration.
h. Comparable Positions: A position with the same or similar
duties and pay which can be performed at the same or
similar geographic location as the position held prior to the
leave. Ordinarily, the job assignment will be the same
duties in the same program area located in the same city,
although specific clients, caseload, co-workers,
supervisor(s), or other staffing may have changed during an
employee's leave.
16.10 Pregnancy Disability Leave. Insofar as pregnancy disability
leave is used under Section 14.3.d (Sick Leave Utilization for
- 57 -
Pregnancy Disability), that time will not be considered a part of the 18
week family care leave period.
16.11 Group Health Plan Coverage. Employees who were
members of one of the group health plans prior to commencement of
their leave of absence can maintain their health plan coverage with the
County contribution by maintaining their employment in pay status as
described in Section 16.12. During the 18 weeks of an approved
medical or family care leave under Section 16.6 above, the County will
continue its contribution for such health plan coverage even if accruals
are not available for use to maintain pay status as required under
Section 16.12. In order to maintain such coverage, employees are
required to pay timely the full employee contribution to maintain their
group health plan coverage, either through payroll deduction or by
paying the County directly.
16.12 Leave Without Pay - Use of Accruals.
A. All Leaves of Absence. During the first twelve (12) month
period of any leave of absence without pay, an employee
may elect to maintain pay status each month by using
available sick leave (if so entitled under Section XX.3 -
Policies Governing the Use of Paid Sick Leave), vacation,
floating holiday, compensatory time off or other accruals or
entitlements; in other words, during the first twelve (12)
months, a leave of absence without pay may be "broken"
into segments and accruals used on a monthly basis at the
employee's discretion. After the first twelve (12) months,
the leave period may not be "broken" into segments and
accruals may not be used, except when required by LTD
Benefit Coordination or SDI/Sick Leave Integration or as
provided in the sections below.
B. Family Care or Medical Leave. During the 18 weeks of an
approved medical or family care leave, if a portion of that
leave will be on a leave of absence without pay, the
employee will be required to use at least 0.1 hour of sick
leave (if so entitled under Section 14.3 - Policies Governing
the Use of Paid Sick Leave), vacation floating holiday,
compensatory time off or other accruals or entitlements if
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such are available, although use of additional accruals is
permitted under subsection A. above.
C. Leave of Absence/Long Term Disability (LTD) Benefit
Coordination. An eligible employee who files an LTD claim
and concurrently takes a leave of absence without pay will
be required to use accruals as provided in Section B herein
during the 18 week entitlement period of a medical leave
specified above. If an eligible employee continues beyond
the 18 weeks entitlement period on a concurrent leave of
absence/LTD claim, the employee may choose to maintain
further pay status only as allowed under subsection A.
herein.
D. Sick leave accruals may not be used during any leave of
absence, except as allowed under Section 14.3 - Policies
Governing the Use of Paid Sick Leave.
16.13 Leave of Absence Replacement & Reinstatement. Any
permanent employee 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
(Seniority, Workforce Reduction, Layoff, & Reassignment Seniority)
shall apply.
16.14 Reinstatement From Family Care Medical Leave. In the
case of a family care or medical leave, an employee on a 5/40 schedule
shall be reinstated to the same or comparable position if the return to
work is after no more than 90 work days of leave from the initial date
of a continuous leave, including use of accruals, or within the
equivalent on an alternate work schedule. A full time employee taking
an intermittent or reduced work schedule leave shall be reinstated to
the same or comparable position if the return to work on a full
schedule is after no more than 720 hours, including use of accruals,
of intermittent or reduced schedule leave. At the time the original
leave is approved, the appointing authority shall notify the employee
in writing of the final date to return to work, or the maximum number
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of hours of leave, in order to guarantee reinstatement to the same or
comparable position. An employee on a schedule other than 5/40
shall have the time frame for reinstatement to the same or comparable
position adjusted on a pro rata basis.
16.15 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.
16.16 Unauthorized Absence. An unauthorized absence from the
work site or failure to report for duty after a leave request has been
disapproved, revoked, or canceled by the appointing authority, or at
the expiration of a leave, shall be without pay. Such absence may also
be grounds for disciplinary action.
16.17 Non-Exclusivity. Other MOU language on this subject, not
in conflict, shall remain in effect.
SECTION 17 - JURY DUTY AND WITNESS DUTY
,fury Duty. For purposes of this Section, jury duty shall be defined as
any time an employee is obligated to report to the court.
1 . When called for jury duty, County employees, like other
citizens, are expected to discharge their jury duty
responsibilities.
2. Employees shall advise their department as soon as
possible if scheduled to appear for jury duty.
3. If summoned for jury duty in a Municipal, Superior, or
Federal Court, or a Coroners jury, employees may remain in
their regular County pay status, or they may take paid leave
(vacation, floating holiday, etc.) or leave without pay and
retain all fees and expenses paid to them.
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4. When an employee is summoned for jury duty selection or
is selected as a juror in a Municipal, Superior or Federal
Court, employees may remain in a regular pay status if they
waive all fees (other than mileage), regardless of shift
assignment and the following shall apply:
a. If an employee elects to remain in a regular pay status
and waive or surrender all fees (other than mileage),
the employee shall obtain from the Clerk or jury
Commissioner a certificate indicating the days
attended and noting that fees other than mileage are
waived or surrendered. The employee shall furnish
the certificate to his department where it will be
retained as a department record. No
"Absence/Overtime Record" is required.
b. An employee who elects to retain all fees must take
leave (vacation, floating holiday, etc.) or leave without
pay. No court certificate is required but an
"Absence/Overtime Record" must be submitted to the
department payroll clerk.
5. Employees are not permitted to engage in any employment
regardless of shift assignment or occupation before or after
daily jury service that would affect their ability to properly
serve as jurors.
6. An employee on short notice standby to report to court,
whose job duties make short notice response impossible or
impractical, shall be given alternate work assignments for
those days to enable them to respond to the court on short
notice.
7. When an employee is required to serve on jury duty, the
County will adjust that employee's work schedule to
coincide with a Monday to Friday schedule for the
remainder of their service, unless the employee requests
otherwise. Participants in 9/80 or 4/10 work schedules will
not receive overtime or compensatory time credit for jury
duty on their scheduled days off.
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8. Permanent-intermittent employees are entitled to paid jury
duty leave only for those days on which they were
previously scheduled to work.
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 may and 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 17 of this MOU.
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 18 - HEALTH & WELFARE, LIFE & DENTAL CARE
18.1 County Programs. The County will continue the existing
County Group Health Plan program of medical, dental and life
insurance coverage through Delta Dental Plan, Safeguard Dental Plan,
Aetna Life Insurance and the medical insurance options of Kaiser-
Permanente Foundation Health Plan, and the Contra Costa County
Health Plan (CCHP), to all permanent employees regularly scheduled
to work twenty (20) or more hours per week. Effective February 1 ,
1994 the QualMed Health Plan will be added. During the term of this
MOU, all conditions and agreements regarding health, dental and
related benefits contained in the January 13, 1994 Agreement
(attached as Exhibit A) between the County and the Labor Coalition
shall be in effect.
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18.2 Rate Information. The County Benefits Division will make
health and dental plan rate information available upon request to
employees and departments. In addition, the County Benefits Division
will publish and distribute to employees and departments information
about rate changes as they occur during the year.
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.
18.3 Medicare Rates. Corresponding Medicare rates for
employees covered under this MOU 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.
18.4 Partial 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. The responsibility for this payment rests with the
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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.
18.5 Coverage During Absences. An employee on approved
leave shall be allowed to continue his/her health plan coverage at the
County group rate for twelve (12) months provided that the employee
shall pay the entire premium for the Health Plan during said leave.
An employee on leave in excess of twelve (12) months may continue
health plan coverage by converting to an individual health plan option
(if available) or continuing group coverage subject to the provisions of
the Consolidated Omnibus Budget Reduction Act (COBRA) provided the
employee pays the entire cost of coverage, plus any administrative
fees, for the option selected. The entire cost of coverage shall be paid
at a place and time specified by the County. Late payment may result
in cancellation of health plan coverage with no reinstatement allowed.
An employee who terminates County employment is only covered
through the month in which he is credited with compensation but may
convert to individual health plan coverage, if available, or may
continue County Group health plan coverage to the extend provided
under COBRA by making premium payments to the County at a time
and place specified by the County.
18.6 Retirement 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 the County
Health Plans or if on authorized leave of absence without pay they
have retained individual conversion membership from the County
plan.
18.7 Dual 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
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thirty (30) days of the date coverage is no longer afforded under the
spouse's plan.
SECTION 19 - PROBATIONARY PERIOD
19.1 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 (Z) years duration.
19.2 Revised Probationary Period. 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.
19.3 Criteria. 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.
19.4 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
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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 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.
19.5 Regular Appointment. The regular appointment of a
probationary employee shall begin on the day following the end of the
probationary period, subject to the condition that the Director of
Personnel receive from the appointing authority a statement in writing
that the services of the employee during the probationary period were
satisfactory and that the employee is recommended for permanent
appointment. A probationary employee may be rejected at any time
during the probation period without regard to the Skelly provisions of
this MOU, without notice and without right of appeal or hearing except
as provided in Section 19A.A. 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
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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 MOU, 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.
19.6 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 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
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position is in the department from which the employee separated,
displaced or voluntarily demoted in lieu of layoff.
19.7 Resection 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 20 - PROMOTION
20.1 Competitive Exam. Promotion shall be by competitive
examination unless otherwise provided in this MOU.
20.2 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.
20.3 Open Exams. 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 (S) days prior notice
of such proposed announcement and shall meet at the request of the
Council to discuss the reasons for such open announcement.
20.4 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.
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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.
20.5 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.
20.6 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.
20.7 Physical Examinations. 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.
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SECTION 21 - TRANSFER
21.1 Conditions. 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.
21.2 Procedure. 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 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 22 - RESIGNATIONS
An employee's voluntary termination of service is a resignation.
Written resignations shall be forwarded to the Personnel Department
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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.
22.1 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.
22.2 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 working a 4/10 schedule shall have
constructively resigned if four (4) days elapse as provided
in "a" above followed by four (4) more days as provided in
"b" above.
22.3 Effective Resignation. A resignation is effective when
delivered or spoken to the appointing authority, operative either on
that date or another date specified.
22.4 Revocation. A resignation that is effective is revocable only
by written concurrence of the employee and the appointing authority.
22.5 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
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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 acknowledgment 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 24 of the MOU 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 23 - DISMISSAL, SUSPENSION, TEMPORARY REDUCTION IN
PAY, AND DEMOTION
23.1 Sufficient Cause for Action. The appointing authority may
dismiss, suspend, temporarily reduce the pay of, or demote any
employee for cause. A temporary reduction in pay is not to exceed
more than 5% for a period of three (3) months. The following are
sufficient causes for such action; the list is indicative rather than
inclusive of restrictions and dismissal, suspension, reduction in pay,
or demotion may be based on reasons other than those specifically
mentioned:
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a. absence without leave,
b. conviction of any criminal act involving moral turpitude,
C. conduct tending to bring the merit system into disrepute,
d. disorderly or immoral conduct,
e. incompetence or inefficiency,
f. insubordination,
g. 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,
h. neglect of duty (i.e. non-performance of assigned
responsibilities),
i. negligent or willful damage to public property or waste of
public supplies or equipment,
j. violation of any lawful or reasonable regulation or order
given by a supervisor or Department Head,
k. willful violation of any of the provisions of the merit system
ordinance or Personnel Management Regulations,
I, material and intentional misrepresentation or concealment
of any fact in connection with obtaining employment,
M. misappropriation of County funds or property,
n. unreasonable failure or refusal to undergo any physical,
medical and/or psychiatric exam and/or treatment
authorized by this MOU,
o. dishonesty or theft,
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p. excessive or unexcused absenteeism and/or tardiness,
q. 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.
23.2 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), reduce the pay of, 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 omissions 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.
23.3 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
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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.
23.4 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.
23.5 Length of Suspension. Suspensions without pay shall not
exceed thirty (30) days unless ordered by an arbitrator, an adjustment
board or the Merit Board.
23.6 Procedure on Dismissal, Suspension, Temporary
Reduction in Pay, or Disciplinary Demotion.
A. In any disciplinary action to dismiss, suspend, temporarily
reduce the pay of, 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,
temporary reduction in pay, 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, temporarily reduced in pay, 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, temporary reduction in
pay, or demotion either to the Merit Board or through the
procedures of Section 24 - Grievance Procedure of this MOU
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
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the Merit Board and file a grievance under Section 24 of
this MOU.
SECTION 24 - GRIEVANCE PROCEDURE
24.1 Definition and Procedural Steps. A grievance is any
dispute which involves the interpretation or application of any
provision of this MOU excluding, however, those provisions of this
MOU 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 Council may represent
the employee at any stage of the process. Grievances must be filed
within thirty (30) days of the incident or occurrence about which the
employee claims to have a grievance and shall be processed in the
following manner:
Step 1 . Any employee or group of employees who believes that a
provision of this MOU has been misinterpreted or misapplied to his or
her detriment shall discuss the complaint with the grievant's
immediate supervisor, who shall meet with the grievant within five (5)
days of receipt of a written request to hold such meeting.
Step 2. If a grievance is not satisfactorily resolved in Step 1 above, the
grievant 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 MOU
has been misinterpreted or misapplied, how misapplication or
misinterpretation has affected the grievant to the grievant's detriment,
and the redress the grievant 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.
Step 3. If a grievance is not satisfactorily resolved in Step 2 above, the
grievant may appeal in writing within ten (10) workdays to the
Personnel Director. The Personnel Director or his or her 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 grievant and
attempt to settle the grievance and respond in writing.
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Step 4. No grievance may be processed under this Section which has
not first been filed and investigated in accordance with Step 3 above
and filed within ten (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 MOU, such grievance shall be
submitted in writing to an Adjustment Board comprised of three (3)
Council representatives, no more than two (2) of whom shall be 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. Where
the parties agree, the Adjustment Board may be comprised of two (2)
Council representatives and two (2) County representatives. The
Adjustment Board shall meet within twenty (20) work days of receipt
of the written request and render a decision. If the County fails to
meet the time limits specified in Step 4 and the grievant demands in
writing that an Adjustment Board be convened, the County will
convene an Adjustment Board within ten (10) work days of receipt of
the original request.
Step 5. If an Adjustment Board is unable to arrive at a majority
decision, either the grievant (or the County, when alleging a violation
of Section 24.6 below) may require that the grievance be referred to an
impartial arbitrator who shall be designated by mutual agreement
between the grievant 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 who shall
render a decision within thirty (30) work days from the date of final
submission of the grievance including receipt of the court reporter's
transcript and post-hearing briefs, if any. The fees and expenses of
the arbitrator and of the Court Reporter shall be shared equally by the
grievant and the County. Each party, however, shall bear the costs of
its own presentation, including preparation and post hearing briefs,
if any.
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24.2 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 Step 1 above.
C. Proposals to add to or change this MOU or to change
written agreements supplementary hereto shall not be
arbitrable and no proposal to modify, amend, or terminate
this MOU, 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 MOU 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 Step 3 above, or the Adjustment Board in
pursuance of the provisions of Step 4 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.
E. No change in this MOU or interpretations thereof (except
interpretations resulting from Adjustment Boards or
arbitration proceedings hereunder) will be recognized
unless agreed to by the County and the Council.
24.3 Time Limits. 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
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grievance will automatically move to the next step. If a grievant fails
to meet the time limits specified in Steps 1 through 5 above, the
grievance will be deemed to have been settled and withdrawn.
24.4 Council Notification. An official, with whom a formal
grievance is filed by a grievant who is included in a unit represented
by the Council in the grievance, shall give the Council a copy of the
grievance.
24.5 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 MOU 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 MOU 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 MOU 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.
24.6 Strike/Work Stoppage. During the term of this MOU, 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.
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24.7 Merit Board. All grievances of employees in representation
units represented by the Council shall be processed under Section 24
unless the employee elects to apply to the Merit Board on matters
within its jurisdiction.
No action under Steps 3, 4 and 5 of Subsection 24.1 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.
24.8 Filing by Council. 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
MOU.
SECTION 25 - RETIREMENT CONTRIBUTION
Pursuant to Government Code Section 31 581.1 , 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 MOU, and shall terminate thereafter. Employees shall
be responsible for payment of the employees' contribution for the
retirement cost of living program as determined by the Board of
Retirement of the Contra Costa County Employees' Retirement
Association without the County paying any part of the employees
share. The County will pay the remaining one-half (1 /2) of the
retirement cost-of-living program contribution.
SECTION 26 - TRAINING REIMBURSEMENT
The County Administrative Bulletin on Training shall govern
reimbursement for training and shall continue to limit reimbursement
for career development training to $200 per semester or $150 per
quarter, not to exceed $600 per year, except as otherwise provided in
the supplemental sections of this MOU.
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SECTION 27 - MILEAGE REIMBURSEMENT
A. Reimbursement for Use of Personal Vehicle.
Effective January 1 , 1994 the mileage allowance for use of
personal vehicles on County business shall be paid
according to the rates allowed by the Internal Revenue
Service (currently $:29 per mile) and shall be adjusted to
reflect changes in this rate on the date it becomes effective
or the first of the month following announcement of the
changed rate by the Internal Revenue Service, whichever is
later.
B. Charge for Use of Home Garaged County Vehicle.
Employees hired after July 1 , 1994 who are assigned
vehicles to garage at home will be charged the IRS mileage
rate for all commute miles driven outside the limits of
Contra Costa County that exceed 30 miles roundtrip in any
one day.
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 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
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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 29 - PROFESSIONAL DEVELOPMENT
29.1 Professional Development Reimbursement. Each full-time
employee shall be eligible to claim up to $275.00 per year for
professional development during the duration of this MOU. For each
two year period, starting January 1 , 1994, eligible employees will be
allowed reimbursement under this Section to a total of $550.
Allowable expenses include the following activities and materials,
directly related to the profession in which the individual is engaged as
a County employee:
a. Membership dues to professional organizations.
b. Registration fees for attendance at professional meetings,
conferences, and seminars.
C. Books, journals, and periodicals.
d. Tuition and textbook reimbursement for accredited college
or university classes.
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e. Professional license fees required by the employee's
classification.
f. Application and examination fees for registration as a
professional engineer, architect, or engineer-in-training.
g. Certain job-related instruments, technical software and
manuals.
Exclusions:
Items specifically not authorized for purchase with these funds
include, but are not necessarily limited to the following:
a. Health program memberships and physical fitness
equipment.
b. Equipment or supplies not specifically required for or
directly related to participation in a professional
conference, seminar or workshop.
C. General office supplies.
d. Magazine subscriptions, newspapers, periodicals, or
journals or general circulation such as Time, Newsweek,
Press Democrat Newspaper, etc.
e. Time planners or calendar-type books.
29.2 Professional Examination Time Off. Effective July 1 , 1992
employees will be permitted, one time only during their career with
the County, to be granted release time with pay to participate in any
part of the examination for Professional Engineer, Land Surveyor or
Architect.
Specific language to be developed.
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SECTION 30 - 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 MOU 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.
SECTION 31 - 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 32 - SAFETY SHOES AND PRESCRIPTION SAFETY
EYEGLASSES
The County shall reimburse employees for safety shoes and
prescription safety eyeglasses in those classifications the County has
determined are eligible for such reimbursement. For each two year
period starting January 1 , 1994, eligible employees will be allowed
reimbursement for the purchase and repair of safety shoes up to a
maximum of $160. There is no limitation on the number of shoes or
number of repairs allowed.
The County will reimburse eligible employees for up to one pair per
year of prescription safety eyeglasses which are approved by the
County and are obtained from such establishment as required by the
County.
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SECTION 33 - 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 34 - REIMBURSEMENT FOR MEAL EXPENSES
Employees shall be reimbursed for meal expenses under the following
circumstances and in the amount specified:
a. When the employee is required by his/her Department Head
to attend a meeting concerning County business or County
affairs.
b. 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.
C. When the employee is required to stay over to attend
consecutive or continuing afternoon and night sessions of
a board or commission.
d. 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.
e. 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.
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SECTION 35 - PERSONAL PROPERTY REIMBURSEMENT
The loss or damage to personal property of employees is subject to
reimbursement under the following conditions.
a. 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.
b. Ordinary wear and tear of personal property used on the job
is not compensated.
C. Employee tools or equipment provided without the express
approval of the department head and automobiles are
excluded from reimbursement.
d. The loss or damage must have occurred in the line of duty.
e. The loss or damage was not a result of negligence or lack
of proper care by the employee.
f. The personal property was necessarily worn or carried by
the employee in order to adequately fulfill the duties and
requirements of the job.
g. 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.
h. 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.
L The burden of proof of loss rests with the employee.
j. Claims for reimbursement must be processed in accordance
with the Administrative Bulletin on Compensation for Loss
or Damage to Personal Property.
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SECTION 36 - 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 or is reemployed
in a permanent County position from a layoff list within the period of
layoff eligibility, 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.
SECTION 37 - 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 38 - P-1 EMPLOYEE BENEFITS
Permanent-intermittent employees are eligible for prorated vacation
and sick leave benefits.
SECTION 39 - P-1 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
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from the County Group Health Plan and reinstatement may only be
effectuated during the annual open enrollment period.
SECTION 40 - 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 41 - REGISTRATION DIFFERENTIAL
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 42 - MALPRACTICE COVERAGE
The County's obligation to defend and indemnify its employees is
prescribed by California Government Code Sections 825 et seq. and
995 et seq. This Section shall be enforceable only at law in
accordance with the applicable law, but shall not be subject to the
grievance provisions of this MOU.
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SECTION 43 - DEPENDENT CARE SALARY CONTRIBUTION
Subject to the applicable provisions of the Internal Revenue Service,
employees may contribute up to $5,000 each calendar year from their
salaries for approved dependent care; only eligible employees may
contribute for such expenses; there is no County contribution for
dependent care.
Reimbursements are made on a monthly basis subject to submission
of itemized statements, adequate accumulation of the salary
contribution, proof of payment, and applicable County administrative
procedures.
SECTION 44 - SPECIAL STUDIES
44.1 Double Medical Coverage. The County will survey all
permanent employees prior to July 1 , 1995 to ascertain the extent to
which employees who have or are eligible for double medical coverage
would, in lieu of double medical coverage, have the County make an
in lieu contribution to another benefit. The data gathered shall be
shared with the Medical Oversight Committee.
44.2 Attendance Program. There shall be convened a Labor-
Management Committee to develop an attendance program for County
employees.
44.3 Deferred Retirement. The County shall establish a Labor-
Management Committee comprised of three representatives selected
by the Labor Coalition and three representatives selected by the
County Administrator to study a Deferred Retirement Policy. By July
11 1995, the Committee shall recommend such program upon which
it has reached mutual agreement for adoption by the parties.
SECTION 45 - COMMUNITY DEVELOPMENT DEPT. PROCEDURES
The County will meet with Council representatives to develop a deep
class evaluation process for Civil Engineers in the Community
Development Department that will provide an evaluation process
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consistent with the process utilized in the Public Works Department.
SECTION 46 - ADOPTION
The provisions of this MOU 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 & SEPARABILITY OF
PROVISIONS
47.1 Scope of Agreement. Except as otherwise specifically
provided herein, this MOU fully and completely incorporates the
understanding of the parties hereto and constitutes the sole and entire
agreement between the parties in any and all matters subject to meet
and confer. Neither party shall, during the term of this MOU demand
any change herein, provided that nothing herein shall prohibit the
parties from changing the terms of this MOU by mutual agreement.
47.2 Separability of Provisions. Should any section, clause or
provision of this MOU 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 MOU.
47.3 Personnel Management Regulations. Where a specific
provision contained in a section of this MOU conflicts with a specific
provision contained in a section of the Personnel Management
Regulations, the provision of this MOU shall prevail. Those provisions
of the Personnel Management Regulations within the scope of
representation which are not in conflict with the provisions of this
MOU and those provisions of the Personnel Management Regulations
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which are not within 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 October 1 , 1993 to and including September
30, 1995. 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 48 - 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 /1 165 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 49 - 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 MOU; provided, however, that only during
the term of this MOU which expires September 30, 1995 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 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 MOU in order to be considered a past
practice pursuant to this provision.
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CONTRA COSTA COUNTY WESTERN COUNCILOF ENGINEERS
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