HomeMy WebLinkAboutMINUTES - 09121995 - C73 si
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on September 12, 1995 by the following
vote:
AYES: SUPERVISORS SMITH, DeSAULNIER, TORLAKSON and BISHOP
NOES: NONE
ABSENT: SUPERwsoR ROGERS
ABSTAIN: NONE
S U BJ ECT:
Approval of Memorandum of Understanding )
with AFSCME Local 512 ) Res. No. 95/ 406
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 19, 1994 which reflected all negotiated
agreements reached between the parties on terms and conditions of
employment affecting employees represented by the United Clerical,
Technical & Specialized Employees, AFSCME Local 512.
2. The Memorandum of Understanding with the AFSCME Local 512
incorporating the agreed-upon terms and conditions mentioned above is
attached.
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.
hereb,-certify that this is a true and correct Copy of
an action takcn and entered on the minutes of the
Board of supelpop on the date shown.
ATTESTED: fa-,19 15
PHIL B TC ELOR,Clerk of the Board
of Supervisors an County Administrator
By .Deputy
Orig. Dept.: Personnel(Contact Rich Heyne @ 646-4146)
cc: Labor Relations Unit
Auditor-Controller
Department Heads
AFSCME Local 512
1
Contra � - _ - Human Resources
Costa s Department
�,it
Cou1.1t�/ v, `A __ v�4° Third Floor Administration Bldg.
�/ `�s 651 Pine Street
rA_cotin`t';
Martinez,California 94553-1292
(510)646-4064
Leslie T.Knight
Director of Human Resources
DATE: August 29, 1995
TO: Phil Batchelor, County Administrator
Attn: Dean Lucas, Deputy County Administrator
FROM: Leslie Knight, Human Resources Director
By: Richard Heyne, Labor Relations Manager
SUBJECT: Items for September 12, 1995 Consent Calendar
(Approval of Memoranda of Understanding with AFSCME Local 512
and California Nurses Association)
Please place the attached Resolutions on the Board Agenda for consideration and
approval on September 12, 1995.
1 . The Letter of Understanding outlining agreements reached in the 1991 -93
negotiations with AFSCME Local 512 was approved by the Board on
October 18, 1994. The attached Memorandum of Understanding
incorporates those agreements.
2. The Letter of Understanding outlining agreements reached in the 1994-95
negotiations with the California Nurses Association was approved by the
Board on November 8, 1994. The attached Memorandum of Understanding
incorporates those agreements.
cc: Bill Ray
CONTRA COSTA COUNTY
RECEIVED
i
AUG 11 1995
a
OFFICE OF
COUNTY ADMINISTRATOR
MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND
PROFESSIONAL & TECHNICAL EMPLOYEES
AFSCME LOCAL 512
OCTOBER 1 , 1993 - SEPTEMBER 30, 1995
AFSCME, LOCAL 512
TABLE OF CONTENTS
SECTION 1 UNION RECOGNITION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
SECTION 2 UNION SECURITY
2.1 Dues Deduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2.2 Agency Shop . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2.3 Maintenance of Membership . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2.4 Union Dues Form . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2.5 Withdrawal of Membership . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
2.6 Communicating With Employees . . . . . . . . . . . . . . . . . . . . . . . 7
2.7 Use of County Buildings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2.8 Advance Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2.9 Written Statement for New Employees . . . . . . . . . . . . . . . . . . 9
2.10 Section 18 of 1977/79 MOU . . . . . . . . .
2.11 P.E.O.P.L.E . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . 9
>F
3 NO DISCRIMINATION . . . . . . . . . . .`. . . . . . . . . . . . . . . . . . . . 9
SECTION
SECTION 4 SHOP STEWARDS & OFFICIAL REPRESENTATIVES
4.1 Attendance at Meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
4.2 Union Representatives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
4.3 Release Time for Training . . . . . . . . . . . . . . . . . . . . . . . . 11
SECTION 5 SALARIES
5.1 General Wage Increases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
5.2 Lump Sum Payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
5.3 Pay Equity Implementation . . . . . . . . . . . . . . . . . . . . . . . . . . 13
5.4 Entrance Salary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
5.5 Anniversary Dates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
5.6 Increments Within Range . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
5.7 Part-Time Compensation 14
5.8 Compensation for Portion of Month & P.I. Compensation . . . 15
5.9 Position Reclassification 15
5.10 Salary Reallocation & Salary on Reallocation . . . . . . . . . . . . . 15
5.11 Salary on Promotion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
5.12 Salary on Involuntary Demotion . . . . . . . . . . . . . . . . . . . . . . 16
5.13 Salary on Voluntary Demotion . . . . . . . . . . . . . . . . . . . . . . . . 16
5.14 Transfer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
5.15 Pay for Work in Higher Classification . . . . . . . . . . . . . . . . . . 17
5.16 Building Supervisor Differential . . . . . . . . . . . . . . . . . . . . . . . 18
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t �
5.17 Payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
5.18 Pay Warrant Errors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
SECTION 6 DAYS & HOURS OF WORK . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
SECTION 7 OVERTIME & COMPENSATORY TIME
7.1 Overtime . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
7.2 Compensatory Time . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
7.3 Fair Labor Standards Act Provisions . . . . . . . . . . . . . . . . . . . 22
SECTION 8 CALL BACK TIME . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
SECTION 9 ON-CALL DUTY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
SECTION 10 SHIFT DIFFERENTIAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
SECTION 1 1 SENIORITY,WORKFORCE REDUCTION, LAYOFF & REASSIGNMENT
1 1 .1 Workforce Reduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
11 .2 Separation Through Layoff 25
11 .3 Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
1 1 .4 Special Employment Lists . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
1 1 .5 Reassignment of Laid Off Employees . . . . . . . . . . . . . . . . . . 28
11 .6 Further Study . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
SECTION 12 HOLIDAYS
12.1 Holidays Observed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
12.2 Application of Holiday Credit . . . . . . . . . . . . . . . . . . . . . . . . 29
12.3 Permanent Part-Time Employees . . . . . . . . . . . . . . . . . . . . . 30
12.4 4/10 Shift Holidays . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
12.5 9/80 Shift Holidays . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
12.6 Accrual of Holiday Time & Credit . . . . . . . . . . . . . . . . . . . . . . 30
SECTION 13 VACATION
13.1 Vacation Allowance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
13.2 Vacation Leave on Reemployment from a Layoff List . . . . . . 31
13.3 Vacation Accrual Rates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
13.4 Accrual During Leave Without Pay . . . . . . . . . . . . . . . . . . . . . 32
13.5 Vacation Allowance for Separated Employees . . . . . . . . . . . . 32
13.6 Preference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
13.7 Prorated Accruals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
SECTION 14 SICK LEAVE
14.1 Purpose of Sick Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
14.2 Credits To and Charges Against Sick Leave . . . . . . . . . . . . . 33
14.3 Policies Governing the Use of Paid Sick Leave . . . . . . . . . . . . 33
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14.4
Administration of Sick Leave . . . . . . . . . . . . . . . . . . . . . . . . . 36
14.5 Disability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
14.6 Accrual During Leave Without Pay . . . . . . . . . . . . . . . . . . . . . 40
14.7 Integration of SDI With County Sick Leave Program . . . . . . . 40
14.8 Disability Insurance Review Committee . . . . . . . . . . . . . . . . 41
14.9 Employee Annual Health Examination . . . . . . . . . . . . . . . . . . 41
SECTION 15 CATASTROPHIC LEAVE BANK
15.1 Program Design . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
15.2 Operation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
SECTION 16 STATE DISABILITY INSURANCE (SDI)
16.1 General Provisions .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
16.2 Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
16.3 Method of Integration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
16.4 Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
16.5 Conversion to the New SDI Program . . . . . . . . . . . . . . . . . . . 45
SECTION 17 WORKERS' COMPENSATION . . . . . . ... . . . . . . . . . . . . . . . . 46
SECTION 18 LEAVE OF ABSENCE
18.1 Leave Without Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
18.2 General Administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
18.3 Furlough Days Without Pay . . . . . . . . . . . . . . . . . . . . . . . . . . 49
18.4 Military Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
18.5 Family Care Leave or Medical Leave . . . . . . . . . . . . . . . . . . . 50
18.6 Certification 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
18.7 Aggregate Use for Spouse . . . . . . . . . . . . . . . . .. . . . . . . . . . . 50
18.8 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
18.9 Pregnancy Disability Leave . . . . . . . . . . . . . . . . . . . . . . . . . . 52
18.10 Group Health Plan Coverage 52
18.11 Leave Without Pay - Use of Accruals . . . . . . . . . . . . . . . . . . . 52
18.13 Leave of Absence Replacement & Reinstatement . . . . . . . . . 53
18.14 Leave of Absence Return . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
18.15 Reinstatement from Family Care or Medical Leave . . . . . . . . 53
18.16 Salary Review While on Leave of Absence . . . . . . . . . . . . . . . 54
18.17 Unauthorized Absence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
18.18 Non-Exclusivity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
SECTION 19 JURY DUTY AND WITNESS DUTY
19.1 Jury Duty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
19.2 Witness Duty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
S �
SECTION 20 HEALTH AND WELFARE, LIFE AND DENTAL CARE
20.1 County Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
"20.2 Rate Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
20.3 Medicare Rates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
20.4 Partial Month . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
20.5 Coverage During Absences . . . . . . . . . . . . . . . . . . . . . . . . . . 56
20.6 Retirement Coverage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
20.7 Dual Coverage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
SECTION 21 PROBATIONARY PERIOD
21 .1 Duration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
21 .2 Probation Periods Over Six Months . . . . . . . . . . . . . . . . . . . . 57
21 .3 Revised Probationary Period . . . . . . . . . . . . . . . . . . . . . . . . . 57
21 .4 Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
21 .5 Rejection During Probation . . . . . . . . . . . . . . . . . . . . . . . . . . 58
21 .6 Regular Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
21 .7 Layoff During Probation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
21 .8 Rejection During Probation of Layoff Employee . . . . . . . . . . 60
SECTION 22 PROMOTION
22.1 Competitive Exam . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
22.2 Promotion Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
22.3 Open Exam . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
22.4 Promotion Via Reclassification Without Examination . . . . . . 60
22.5 Requirements for Promotional Standing . . . . . . . . . . . . . . . . 61
22.6 Seniority Credits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
22.7 Denial Review . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . 61
22.8 Release Time for Examinations . . . . . . . . . . . . . . . . . . . . . 61
SECTION 23 TRANSFER
23.1 Transfer Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
23.2 Transfer Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
23.3 Transfer Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
23.4 Transfer List . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
23.5 Reassignment of Work Location . . . . . . . . . . . . . . . . . . . . . . 62
SECTION 24 RESIGNATIONS
24.1 Resignation in Good Standing . . . . . . . . . . . . . . . . . . . . . . . . 63
24.2 Constructive Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
24.3 Effective Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
24.4 Revocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
24.5 Coerced Resignations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
24.6 Eligibility for Reemployment . . . . . . . . . . . . . . . . . . . . . . . . . 64
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.SECTION 25 DISMISSAL, SUSPENSION, TEMPORARY REDUCTION IN PAY
AND DEMOTION
25.1 Sufficient Cause for Action . . . . . . . . . . . . . . . . . . . . . . . . . . 64
25.2 Skelly Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
25.3 Employee Response . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
25.4 Leave Pending Employee Response . . . . . . . . . . . . . . . . . . . . 66
25.5 Length of Suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
25.6 Procedure on Disciplinary Action . . . . . . . . . . . . . . . . . . . . . 67
25.7 Weingarten Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
SECTION 26 GRIEVANCE PROCEDURE
26.1 Definition and Procedural Steps . . . . . . . . . . . . . . . . . . . . . . 67
26.2 Scope of Adjustment Board and Arbitration Decisions . . . . . 69
26.3 Time Limits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
26.4 Union Notification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
26.5 Compensation Complaints . . . . . . . . . . . . . . . . . . . . . . . . . . 70
26.6 Strike/Work Stoppage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
26.7 Merit Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
26.8 Filing by Union . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
26.9 Disputes Over Existence of Grievance . . . . . . . . . . . . . . . . . . 70
26.10 Disqualification From Taking an Exam . . . . . . . . . . . . . . . . . 71
SECTION 27 BILINGUAL PAY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
SECTION 28 , RETIREMENT CONTRIBUTION 71
SECTION 29 REIMBURSEMENT
29.1 Training Reimbursement . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
29.2 Personal Property Reimbursement 71
29.3 Reimbursement For Meals . . . . . . . . . . ... . . . . . . . . . . . . . . . 72
SECTION 30 CLASSIFICATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
SECTION 31 SAFETY & SAFETY EQUIPMENT REIMBURSEMENT
31 .1 VDT Users Eye Examination . . . . . . . . . . . . . . . . . . . . . . . . . . 73
31 .2 Reopener . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
31 .3 Safety Shoe & Safety Eyeglass Reimbursement . . . . . . . . . . . 74
SECTION 32 MILEAGE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
_SECTION 33 STAGGERED WORK SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . 75
.SECTION 34 MEAL PERIODS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
SECTION 35 PERFORMANCE EVALUATION . . . . . . . . . . . . . . . . . . . . . . . . 76
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r c�
SECTION 36 DISCIPLINARY ACTIONS 76
SECTION 37 PERSONNEL FILES . . . . . . . . . . . . . . . . . . . . *. . . . . . . . . . . . . 76
SECTION 38 SERVICE AWARDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
SECTION 39 REASSIGNMENTS
39.1 Request for Reassignment . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
39.2 Involuntary Reassignments . . . . . . . . . . . . . . . . . . . . . . . . . . 77
39.3 Social Service Staff Specialists Unit . . . . . . . . . . . . . . . . . . . . 78
SECTION 40 UNFAIR LABOR PRACTICE . . . . . . . . . . . . . . . . . . . . . . . . . . 79
SECTION 41 LENGTH OF SERVICE DEFINITION . . . . . . . . . . . . . . . . . . . . 79
SECTION 42 PERMANENT PART-TIME EMPLOYEE BENEFITS . . . . . . . . . . 79
SECTION 43 PERMANENT-INTERMITTENT EMPLOYEE BENEFITS . . . . . . 79
SECTION 44 PERMANENT-INTERMITTENT HEALTH PLAN . . . . . . . . . . . . 79
SECTION 45 PROVISIONAL EMPLOYEE BENEFITS . . . . . . . . . . . . . . . . . . . 80
SECTION 46 WORD PROCESSING/VDT DIFFERENTIALS
46.1 Buyout of Differential 80
46.2 Continuing Differentials . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
SECTION 47 ENGINEERING TECHNICIAN SPECIAL ISSUES
47.1 Rotational Advisory Committee . . . . . . . . . . . . . . . . . . . . . . . 80
47.2 Engineering Technician Bidding Procedure . . . . . . . . . . . . . . 81
47.3 Flexible Work Week . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
SECTION 48 CLASSIFICATION STUDIES
48.1 District Attorney Family Support Clerical Supervisors . . . . . 82
48.2 Other Clerical Supervisor Positions . . . . . . . . . . . . . . . . . . . . 82
SECTION 49 SHERIFF'S DEPARTMENT SHIFT & HOLIDAY AGREEMENT . 82
SECTION 50 MEALS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
SECTION 51 SPECIAL STUDIES/PROJECTS . . . . . . . . . . . . . . . . . . . . . . . . 82
SECTION 52 SPECIAL BENEFITS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
SECTION 53 ADOPTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
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SECTION 54 DURATION OF AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . 86
SECTION 55 SCOPE OF AGREEMENT & SEPARABILITY OF PROVISIONS
55.1 Scope of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
55.2 Separability of Provisions 87
55.3 Personnel Management Regulations . . . . . . . . . . . . . . . . . . . 87
SECTION 56 PAST PRACTICES & EXISTING MOU'S . . . . . . . . . . . . . . . . . . 87
ATTACHMENTS
EXHIBITS
SUBJECT INDEX
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MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND
PROFESSIONAL AND TECHNICAL EMPLOYEES
LOCAL 512, AFSCM E, AFL-CIO
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 Union is the recognized representative, have freely exchanged information,
opinions and proposals and have endeavored to reach agreement on all matters
relating to the employment conditions and employer-employee relations
covering such employees.
This 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:
Alternative Work Schedules means one or more of the following:
1 . 9/80: Eight nine-hour work days plus an eight-hour work day with one day
off within a two week work period.
2. 4/10: Four ten-hour work days within the work week.
3. 5/8: Five eight-hour work days within a work week where the work hours
are other than the standard 8:00 a.m. to 5:00 p.m. (also known as flex
time).
Meal breaks for any of the above schedules may be either 112 hour or 1 hour.
y.
..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 classes.
: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 class.
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 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.
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.
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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 p Iovided for under
"Transfer" or as otherwise provided for in this MOU, i 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 percent (5%) 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.
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 employment with the
County.
Temporary Employment: Any employment which will require the services of an
incumbent for a limited period of time, paid on an hourly ;basis, not in an
allocated position or in permanent status.
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 percent (5%) at top step as the class previously occupied by the employee.
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SECTION 1 - UNION RECOGNITION
The Union is the formally recognized employee organization for the
representation units listed below, and such organization has been certified as
such pursuant to Board of Supervisor's Resolution 81/1165.
Engineering Technician Unit
Income Maintenance Program Unit
Clerical Supervisory Unit
Social Service Staff Specialist Unit
Probation Supervisor Unit
Sheriffs Non-Sworn Management Unit
SECTION 2 - UNION SECURITY
2.1 Dues Deduction. Pursuant to Chapter 34-26 of Board Resolution 81/1165,
only a majority representative may have dues deduction and as such the Union
has the exclusive privilege of dues deduction for all employees in its units.
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:2.2 Agency Shop.
A. The Union agrees that it has a duty to provide fair and non-discriminatory
representation to all employees in all classes in the units for which this
section is applicable regardless of whether they are members of the Union.
B. , All employees employed in a representation unit on or after the effective
date of this MOU and continuing until the termination of the MOU, shall as
a condition of employment either:
1 . Become and remain a member of the Union or;
2. Pay to the Union, an agency shop fee in an amount which does not
exceed an amount which. may be lawfully collected under applicable
constitutional, statutory, and case law, which under no
circumstances shall exceed the monthly dues, initiation fees and
general assessments made during the duration of this MOU. It shall
be the sole responsibility of the Union to determine an agency shop
fee which meets the above criteria; or
3. Do both of the following:
a. Execute a written declaration that the employee is a member
of a bona fide religion, body or sect which has historically
held a conscientious objection to joining or financially
supporting any public employee organization as a condition
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of employment; and
b. Pay a sum equal to the agency shop fee described in Section
2.2.13.2 to a non-religious, non-labor, charitable fund chosen
by the employee from the following charities: Family and
Children's Trust Fund, Child Abuse Prevention Council and
Battered Women's Alternative.
C. The Union shall provide the County with a copy of the Union's Hudson
Procedure for the determination and protest of its agency shop fees. The
County shall provide a copy of the Union's Hudson Procedure to every
employee hired into a class represented by the Union after the effective
date of this MOU. The Union shall provide a copy of said Hudson Procedure
to every fee payer covered by this MOU within one month from the date
it is approved and annually thereafter, and as a condition to any change
in the agency shop fee. Failure by an employee to invoke the Union's
Hudson Procedure within one month after actual notice of the Hudson
Procedure shall be a waiver by the employee of their right to contest the
amount of the agency shop fee.
D. The provisions of Section 2.2.13.2 shall not apply during periods that an
t employee is separated from the representation unit but shall be reinstated
upon the return of the employee to the representationp unit. The term
separation includes transfer out of the unit, layoff and Leave of absence
—with a duration of more than thirty (30) days.
E. The Union shall provide the Director of Personnel with copies of a financial
report patterned after Form LM-2 pursuant to the Labor Management
Disclosure Act of 1959. Such report shall be available to employees in the
unit. Failure to file such a report not later than June 1 of each calendar
year shall result in the termination of all agency fee deductions without
jeopardy to any employee, until said report is filed.
F. Compliance.
1 . An employee employed in or hired into a job class represented by
the Union shall be provided with an "Employee Authorization for
Payroll Deduction" form by the Personnel Department.
2. If the form authorizing payroll deduction is not "returned within
thirty (30) calendar days after notice of this agency shop fee
provision and the Union's Hudson Procedure and ,''the Union dues,
agency shop fee, initiation fee or charitable contribution required
under Section 2.2.13.3 are not received, and the employee has not
timely invoked the Union's Hudson Procedure, or, if invoked, the
employee's Hudson Procedure rights have been exhausted, the
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Union may, in writing, direct that the County withhold the agency
shop fee and the initiation fee from the employee's salary, in which
case the employee's monthly salary shall be reduced by an amount
equal to the agency shop fee and the County shall pay an equal
amount to the Union.
G. The Union shall indemnify, defend, and save the County harmless against
any and all claims, demands, suits, orders, judgments, or other forms of
liability that arise out of or by reason of this Union security section or
action taken or not taken by the County under this Section. This includes,
but is not limited to, the County's Attorneys' fees and costs. The provisions
of this subsection shall not be subject to the grievance procedure.
H. The County Personnel Department shall monthly furnish a list of all new
hires to the Union.
I. In the event that employees in a bargaining unit represented by the Union
vote to rescind Agency Shop, the provisions of Sections 2.3 and 2.4 shall
apply to dues-paying members of the Union.
:2.3 Maintenance of Membership. All employees in the Income Maintenance
Unit, Clerical Supervisory Unit, Staff Specialist Unit, Probation Supervisor Unit,
and Sheriffs Non-Sworn Managers Unit who are currently paying dues to the
Union and all employees in that unit who hereafter become members of the
Union shall as a condition of continued 4employment pay:dues to the Union for
the duration of this MOU and each year thereafter so long as the Union
continues to represent the class to which the employee is assigned, unless the
employee has exercised the option to cease paying dues in accordance with
Section 2.5.
2.4 Union Dues Form. Employees hired into classifications assigned in
bargaining units cited in Section 2.3 above shall, as a condition of employment
at the time of employment, complete a Union dues authorization form provided
by the Union and shall have deducted from their paychecks the membership
dues of the Union.: Said employee shall have thirty (30) days from the date of
hire to decide if he/she does not want to become a member of the Union. Such
decision not to become a member of the Union must be made in writing to the
Auditor-Controller with a copy to the Employee Relations Division within said
thirty (30) day period. If the employee decides not to become a member of the
Union, any Union dues previously deducted from the employee's paycheck shall
=be returned to the employee and said amount shall be deducted from the next
dues deduction check sent to the Union. If the employee does not notify the
County in writing of the decision not to become a member within the thirty (30)
day period, he/she shall be deemed to have voluntarily agreed to pay the dues
of the Union.
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Each such dues authorization form referenced above shall include a statement
that the Union and the County have entered into a MOU, that; the employee is
required to authorize payroll deductions of Union dues as a condition of
employment, and that such authorization may be revoked within the first thirty
(30) days of employment upon proper written notice by the employee within said
thirty (30) day period as set forth above. Each such employee shall, upon
completion of the authorization form, receive a copy of said authorization form
which shall be deemed proper notice of his or her right to revoke said
authorization.
2.5 Withdrawal of Membership. By notifying the Auditor-Controller's Office in
writing, between August 1 , 1993 and August 31 , 1993, any employee assigned
to a classification in the Income Maintenance Unit, Supervisory Clerical Unit, and
Sheriffs Non-Sworn Managers Unit may withdraw from Union membership and
discontinue paying dues as of the payroll period commencing September 1 ,
1993, discontinuance of dues payments to then be reflected in the September
10th paycheck. Immediately upon the close of the above mentioned thirty (30)
day period the Auditor-Controller shall submit to the Union a list of the
employees who have rescinded their authorization for dues deduction.
2.6 Communicating With Employees. The Union 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 Union, provided the communications displayed have to do
with matters within the scope of representation and further provided that the
employee organization appropriately posts and removes the information. The
Department Head reserves the right to remove objectionable materials after
consultation with the Union.
Representatives of the Union, not on County time, shall be permitted to place a
supply of employee literature at specific locations in County buildings if
arranged through the Department Head or designated representative; said
representatives may distribute employee organization literature in work areas
(except work areas not open to the public) if the nature of the literature and the
proposed method of distribution are compatible with the work environment and
work in progress.
Such placement and/or distribution shall not be performed by on duty
employees.
The Union 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;
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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 Union officer
on a matter within the scope of representation.
In the application of this provision, it is agreed and understood that in each such
instance advance arrangements, including disclosure of which of the above
purposes is the reason for the visit, will be made with the departmental
representative in charge of the work area and the visit will not interfere with
County services.
2.7 Use of County Buildings. The Union 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 Union 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 Union shall maintain proper order at the meeting
and see that the space is left in a clean and orderly condition.
The use of County equipment (other than items normally used in the conduct of
business meetings such as desks, chairs, ashtrays and blackboards) is strictly
prohibited, even though it may be present in the meeting area.
2.8 Advance Notice. The Union shall, except in cases of emergency, have the
right to reasonable notice of any ordinance, rule, resolution or regulation directly
relating to matters within the scope of representation proposed to be adopted
by the Board, or boards and commissions designated by the Board, and to meet
with the body considering the matter.
The listing of an item on a public agenda, or the mailing of a copy of a proposal
at least seventy-two (72) hours before the item will be heard, or the delivery of
.a copy of the proposal at least twenty-four (24) hours before the item will be
heard, shall constitute notice.
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In cases of emergency when the Board, or boards and commissions designated
by the Board, determines it must act immediately without such notice or
meeting, it shall give notice and opportunity to meet as soon as practical after
its action.
2.9 Written Statement for New Employees. The County will provide a written
statement to each new employee hired into a classification in any of the
bargaining units represented by the Union, that the employee's classification is
represented by the Union and the name of a representative of the Union. The
County will provide the employee with a packet of informationli which has been
supplied by the Union and approved by the County.
2.10 Section 18 of 1977/79 MOU. Section 18 of the 1977-1979 MOU between
the County and Associated County Employees/AFSCME shall continue for the
duration of this MOU.
2.11 P.E.O.P.L.E. Employees in classifications represented by Professional &
Technical Employees, Local 512, AFSCME, may make voluntary, monetary
monthly contribution to P.E.O.P.L.E., said contributions to be deducted from
employees' pay by the County and remitted to AFSCME, P.E.O.P.L.E. (Public
Employees Organized to Promote Legislative Equality).
.f.
SECTION 3 - NO DISCRIMINATION
There shall be no discrimination because of race, creed, color, national origin,
sex, sexual orientation or Union activities against any employeeor applicant for
employment by the County or by anyone employed by the County; and to the
extent prohibited by applicable State and Federal law there shall be no
discrimination because of age. There shall be no discrimination against any
handicapped person solely because of such handicap unless that handicap
prevents the person from meeting the minimum standards established for the
position, or from carrying out the duties of the position safely. 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.
Americans With Disabilities Act (ADA)
The County and the Union 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 Union will be advised of any such
proposed accommodation. Upon request, the County will meet ,and confer with
the Union on the impact of such accommodation. If the County and the Union
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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 Americans With Disabilities Act.
SECTION 4 - SHOP STEWARDS AND OFFICIAL REPRESENTATIVES
4.1 Attendance at Meetings. Employees designated as shop stewards or
official representatives of the Union 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 testi-
mony or other reasons;
C. if their attendance is required for meeting required for settlement of
grievances filed pursuant to Section 24 - Grievance Procedure of this
Memorandum;
A. if they are designated as a shop steward,.in which case they may utilize a
reasonable time at each level of the proceedings to assist an employee to
present a grievance;
=} e. if they are designated as spokesperson or representative of the Union 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;
f. to attend examination appeal board hearings to assist an employee in
making a presentation.
4.2 Union Representatives. Official representatives of the Union 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
4within 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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Engineering Technician Unit - 2
Income Maintenance Unit - 2
Clerical Supervisory Unit - 2
Staff Specialist Unit - 2
Probation Supervisor Unit - 2
Non-Sworn Sheriffs Unit - 2
4.3 Release Time for Training. The County shall provide the Union a
maximum of 50 total hours per year of release time for Union designated
stewards or officers to attend Union-sponsored training programs.
Requests for release time shall be provided in writing to the Department and
County Personnel at least fifteen (15) days in advance of the time requested.
Department Heads will reasonably consider each request and notify the affected
employee whether such request is approved, within one (1 ) week of receipt.
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 1% 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.
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5.2 Pay Equity.
A. Computation of Pay Equity Adjustments. The magnitude of Pay Equity
adjustments is determined by applying the method of least squares to data
(points vs. salary) generated by the pay equity study to create a trend line.
Each classification below the trend line shall receive Pay Equity
adjustments until such time as the total Pay Equity adjustments equal the
initial difference between the salary of the class and that represented by
the trend line.
B. Funding for Pay Equity Adjustments. The County shall provide fifty cents
($.50) in Pay Equity adjustments for each one dollar ($1 .00) general wage
increase authorized for classifications represented by the participating
Unions collectively, provided that the total of Pay Equity adjustments in
any contract year shall not exceed twenty-five percent (25%) of the general
wage increase.
C. Method of Pay Equity Adjustments. The parties understand and agree that
as various classifications reach the point where further Pay Equity
adjustments are unnecessary, the Pay Equity fund will be disbursed among
remaining classes and that this may result in some classes receiving Pay
Equity adjustments in excess of 50% of their general wage increase.
D. Future Pay Equity Adjustments. Beginning, on January 1 , 1994 and on
January 1 of each subsequent year that pay equity adjustments are to be
paid, the parties shall meet and confer over the method of disbursement
of Pay Equity adjustments for that contract year. Those adjustments shall
be effective on January 1 of each year.
E. Indemnification Procedure. Each participating union will promise not to
bring or support comparable worth or pay equity litigation against Contra
Costa County or any agent, servant, officer, or employee of Contra Costa
County and further promise that in the event litigation advancing
comparable worth or pay equity claims is brought against the County or
any of its agents, servants, officers, or employees, within five years from
the effective date of the 1991 -1993 MOU between the County and the
Union, by any person(s) employed or formerly employed in a class(es)
represented by the participating unions, the union(s) representing such
class(es) shall each pay up to five thousand dollars ($5000) of the County's
attorney fees and costs; provided that the union is not named as a co-
defendant in such litigation.
F. Duration. This Supplemental Pay Equity Agreement shall remain in effect
until all classifications represented by the Union have received the total of
their Pay Equity adjustments or until such time as the parties agree to
modify or terminate this agreement.
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5.3 Entrance Salary. New employees shall generally be appointed at the
minimum step of the salary range established for the particular class of position
to which the appointment is made. However, the appointing authority may fill
,a particular position at a step above the minimum of the range.
5.4 Certification Rule.
A. Open Employment List. On each request for personnel from an open
employment list, ten (10) names shall be certified. If more than one
position is to be filled in any class in a department at the same time
from the same request for personnel, the number of names to be
certified from an open employment list shall be equal to the number
of positions to be filled plus nine (9).
B. Promotional Employment List. On each request for personnel from
a promotional employment list, three (3) names shall be certified.
If more than one position is to be filled in any class in a department
at the same time from the same request for personnel, the number
of names to be certified from a promotional employment list shall
be equal to the number of positions to be filled plus two (2).
5.5 Anniversary Dates. Except as may otherwise be provided for in deep class
resolutions, anniversary dates will be set as follows:
a. New Employees. The anniversary date of a new employee is,the first day
of the calendar month after the calendar month when the employee
successfully completes six (6) months service; provided however, if an
employee began work on the first regularly scheduled workday of the
month, the anniversary date is the first day of the calendar month when
the employee successfully completes six (6) months service.
b.. Promotions. The.anniversary date of a promoted employee is determined
as for a new employee in Subsection 5.6.A above.
C. Demotions The anniversary of a demoted employee is the first day of the
calendar months 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
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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. Outside Appointment. Notwithstanding other provisions of this Section 5,
the anniversary of an employee who is appointed to a classified position
from outside the County's merit system at a rate above the minimum
salary for the employee's new class, or who is transferred from another
governmental entity to this County's merit system, is one (1 ) year from the
first day of the calendar month after the calendar month when the
employee was appointed or transferred; provided, however, when the
appointment or transfer is effective on the employee's first regularly
scheduled work day of that month, his/her anniversary is one (1 ) year after
the first calendar day of that month.
5.6 Increments Within Range. The performance of each employee, except
employees already at the maximum salary step of the appropriate salary range,
.shall be reviewed on the anniversary date as set forth in Section 5.7 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,.-such date to be set at the time the original report
is returned. This decision may be appealed through the grievance procedure.
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.
5.7 Part-Time Compensation. A part-time employee shall be paid a monthly
salary in the same ratio to the full time monthly rate to which the employee
would be entitled as a full time employee under the provisions of this Section 5
as the number of hours per week in the employee's part-time work schedule
bears to the number of hours in the full time work schedule of the department.
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5.8 Compensation for Portion of Month and Permanent-Intermittent
Compensation. Any employee.,who works less than any full calendar month,
except when on earned vacation or authorized sick leave, shall receive as
compensation for services an amount which is in the same ratio to the
established monthly rate as the number of days worked is to the actual working
days in such employee's normal work schedule for the particular month; but if
the employment is intermittent, compensation shall be on an hourly basis, which
is calculated on the number of hours in the month worked plus five percent (5%)
above the salary step earned.
5.9 Position Reclassification. An employee who is an incumbent of a position
which is reclassified to a class which is allocated to the same range of the basic
salary schedule as is the class of the position before it was reclassified, shall be
paid-at the same step of.the range as the employee received under the previous
classification.
An incumbent of a position which is reclassified to a class which is allocated to
a lower range of the basic salary schedule shall continue to receive the same
salary as before the reclassification, but if such salary is greater than the
maximum of the range of the class to which the position has been reclassified,
the salary of the incumbent shall be reduced to the maximum salary for the new
classification. The salary of an incumbent of a position which is reclassified to
a:class which is allocated to a range of the basic salary schedule greater than the
range of the class.,.of the position before it was reclassified shall be governed by
the.provisions of:'Section' 5.11 - Salary on Promotion. .
5.10 Salary Reallocation and Salary on Reallocation.
A. In a general salary increase or decrease, an employee in a class which is
reallocated to a salary range above or below that to which it was
previously allocated, when the number of steps remain the same, shall be
compensated at the same step in the new salary range the employee was
receiving in the range to which the class was previously allocated. If the
reallocation_is from one salary range with more steps to a range with fewer
steps or vice-versa, the employee shall be .compensated at the step on the
new range which is in the same percentage ratio to the top step of the new
range as was the salary received before reallocation to the top step of the
old range, but in no case shall any employee be compensated at less than
the first step of the range to which the class is allocated.
B. In the event that a classification is reallocated from a salary range with
more steps to a salary range with fewer steps on the salary schedule, apart
from the general salary increase or decrease described in 5.10.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
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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 5.11 .
5.1 1 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.
5.12 Salary on Involuntary Demotion. Any employee who is demoted, except
as provided under Section 5.14, shall have his/her salary reduced to the monthly
salary step in the range for the class of position to which he/she 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.
5.13 Salary on Voluntary Demotion. Whenever any employee voluntarily
demotes to a position in a class having a salary schedule lower than that of the
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class from which he or she demotes, his or her salary shall remain the same if
the steps in his or her new (demoted) salary range permit, and if not, new salary
shall be set at the step next below former salary.
5.14 Transfer. An employee who is transferred from one position to another
as described under "Transfer" shall be placed at the step in the salary range of
the new class which equals the rate of pay received before the transfer. In the
event that the steps in the range for the new class do not contain the same rates
as the range for the old class, the employee shall be placed at the step of the
new range which is next above the salary rate received in the old range; or if the
new range does not contain a higher step, the employee shall be placed at the
step which is next lower than the salary received in the old range.
Whenever a permanent employee transfers to or from a deep class, as provided
in the appropriate deep class resolutions, the salary of the employee shall be set
.-as provided in the deep class resolutions at a step not to exceed a five percent
(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
`j 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 five percent (5%) above the top base step of
the deep class level.or class in which they have status currently.
5.15 Pay for Work in Higher Classification. When an employee in a permanent
position in the merit system is required to work in a classification for which the
compensation is greater than that to which the employee is regularly assigned,
the employee shall receive compensation for such work at the rate of pay
established for the higher classification pursuant to Subsection 5.11 Salary on
Promotion of this Memorandum, commencing on the 73rd consecutive hour in
the assignment, under the following conditions:
a. The employee is assigned to a program service, or activity established by
the Board oUSupervisors which is reflected 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 Memorandum.
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Yi J
4 1
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.
i. Allowable overtime pay, shift differential and/or work location differentials
will be paid on the basis of the rate of pay for the higher class.
5.16 Building Supervisor Differential. Institutional Supervisor 1's in Juvenile
=Hall will receive 5% differential premium pay when assigned as Building
Supervisor, commencing with the first hour worked while substituting for the
Institutional Supervisor 11. The effective date for the differential will be the first
day of the month following Board approval of this MOU.
5.17 Payment. On the tenth -(10th) day of each month, the Auditor will draw a
warrant upon the Treasurer in favor of each employee for the amount of salary
due the employee for the preceding month; provided, however, that each
employee (except those paid on an hourly rate) may choose to receive an
advance on the employee's monthly salary, in which case the Auditor shall, on
the twenty-fifth (25th) day of each month, draw his/her warrant upon the
Treasurer in favor of such employee.
The advance shall be in an amount equal to one-third (1/3) or less, at the
employee's 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.
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C .
.In the case of an election made pursuant" to this Section, all required or
requested deductions from salary shall be taken from the second installment,
which is payable on the tenth (10th) day of the following month.
5.18 Pay Warrant Errors. If an employee receives a pay warrant which has an
error in the amount of compensation to be received and if this error occurred as
a result of a mistake by the Auditor-Controller's Department, it is the policy of
the Auditor-Controller's Department that the error will be corrected and a new
warrant issued within forty-eight (48) hours, exclusive of Saturdays, Sundays and
holidays from the time the Department is made aware of and verifies that the
pay warrant is in error.
Pay errors 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 two (2) year period
immediately preceding discovery of the pay error. This provision shall apply
regardless of whether the error was made by the employee, the appointing
authority or designee, the Director of Personnel or designee, or the Auditor-
Controller or designee.
Recovery of fraudulently accrued over or underpayments are excluded from this
section for both parties.
When the County notifies. an employee of an overpayment and proposed
repayment .schedule and the employee wishes to meet with the County, a
meeting will be held at which time a repayment schedule shall be determined.
If requested by the employee, a Union representative may be present at a
meeting with management to discuss a repayment schedule in the case of
overpayments to the employee.
5.19 Social Service Staff Specialist Unit - Equity Adjustment. Effective the first
day of the month following Board approval of this MOU, the salary range of the
Senior Social Service Information Systems Analyst class shall be increased 35
level to C3-21 10 which will reestablish parity with the Social Service Program
Analyst class. This linkage shall continue throughout the term of this MOU or
until the Social Service Program Analyst class reaches the Pay Equity trend line,
whichever is sooner.
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 (8) hour days.
However, where operational requirements of a department require deviations
from the usual pattern of five (5) eight (8) hour days per work week, an
employee's work hours may be scheduled to meet these requirements. The
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Department Head shall prepare written schedules in advance to support all
deviations, and encompassing 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.
The Probation Department agrees to establish a pilot 9/80 work schedule
program for those institutional Supervisor I employees who work the graveyard
shift at juvenile Hall with the following conditions:
a. The 9/80 program does not negatively impact the operations of the
juvenile Hall graveyard shift;
b. The 9/80 program will not result in additional staff costs;
C. The 9/80 program will be reviewed six (6) months after implementation;
and
d. The 9/80 work schedule will be optional to the assigned Institutional
Supervisor I employee.
SECTION 7 - OVERTIME AND COMPENSATORY TIME
7.1 Overtime. Overtime is any authorized work performed in excess of forty
(40) hours per week or eight (8) hours per day. Overtime for 4/10 shift
employees is any work performed beyond ten (10) hours per day or forty (40)
hours per week. All overtime shall be compensated for at the rate of one and
one-half 0-1/2) times the employee's base rate of pay (not including shift and
other special differentials).
Overtime for permanent employees is earned and credited in a minimum of one-
half (1/2) hour increments and is compensated by either pay or compensatory
time off.
-.:Employees entitled to overtime credit for holidays in positions which work
around the clock (such as the County hospital, the Sheriffs office and jails, and
the juvenile hall and boys' ranch) shall be provided a choice as to whether they
shall be paid at the overtime rate or shall receive compensatory time off at the
rate of one and one-half (1-112) 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
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WOU. The specific provision of this accumulation are set forth in Section 13.3 of
.this MOU. Regular overtime for twenty-four (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. Eligible employees must notify their Department Head or
his or her designee of their intention to accrue compensatory time off or
to receive overtime pay at least thirty (30) days in advance of the change.
.b. The names of those employees electing to accrue compensatory time off
shall be placed on a list maintained by the Department. Employees who
become eligible (i.e., newly hired employees, employees promoting,
demoting, etc.) for compensatory time off in accordance with these
guidelines must elect to accrue compensatory time or they will be paid for
authorized overtime hours worked.
C. Compensatory time off shall be accrued at the rate of one and one-half (1 -
1/2) times the actual authorized overtime hours worked by the employee.
d: Employees may not accrue a compensatory time off balance that exceeds
one hundred twenty (120) hours (i.e., eighty (80) hours at time and one-
half). Once--the maximum balance has been attained, authorized overtime
hours will be paid at the overtime' rate. If the employee's balance falls
below one hundred twenty (120) hours, the employee shall again accrue
compensatory time off for authorized overtime hours worked until the
employee's balance again reaches one hundred twenty (120) hours.
e. Accrued compensatory time off shall be carried over for use in the next
fiscal year; however, as provided in D above, accrued compensatory time
off balances may not exceed one hundred twenty (120) hours.
f. Employees may not use more than one hundred twenty (120) hours of
compensatory time off in any fiscal year period Ouly 1 -June 30).
g. The use of accrued compensatory time off shall be by mutual agreement
between the Department Head or his/her designee and the employee.
Compensatory time off shall not be 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.
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h. When an employee promotes, demotes or transfers from one classification
eligible for compensatory time off to another classification eligible for
compensatory time off within the same department, the employee's
accrued compensatory time off balance will be carried forward with the
employee.
i. Compensatory time accrual balances will be paid off when an employee
moves from one department to another through promotion, demotion or
transfer. Said payoff will be made in accordance with the provisions and
salary of the class from which the employee is promoting, demoting or
transferring as set forth in j below.
j. Since employees accrue compensatory time off at the rate of one and one-
half 0 -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:
1 . the employee changes status and is no longer eligible for compen-
satory time off;
2. the employee promotes, demotes or transfers to another
department;
3. the employee separates from County service;
4. the employee retires.
k. The Office of the County Auditor-Controller will establish timekeeping
procedures to administer this Section.
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. If 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.
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r
SECTION 8 - CALL-BACK TIME
.Any employee who is called back to duty shall be paid at the appropriate rate for
the actual time worked plus one (1 ) hour. Such employee called back shall be
paid a minimum of two (2) hours at the appropriate rate for each call-back.
SECTION 9 - ON-CALL DUTY
On-call duty is any time other than time when the employee is actually on duty
during which an employee is not required to be on County premises but stand
ready to immediately report for duty and must arrange so that his/her superior
can reach him/her on ten (10) minutes notice or less. An employee assigned to
on-call time shall be paid one (1 ) hour of straight time credit for each four (4)
hours on such on-call time unless otherwise provided in the supplemental
sections of this Agreement. Where on-call arrangements exist, the Department
Head shall designate which employees are on-call unless otherwise provided in
the supplemental sections of this Agreement.
.SECTION 10 - SHIFT DIFFERENTIAL
-In the hours which qualify for shift differential, employees shall receive five
percent (5%) above their base salary rate.
To qualify for shift differential, an employee must have a regularly assigned daily
work schedule which requires:
a. Completion of more than one and one-half (1 -1/2) hours over the normal
actual working time; or
b. at least four (4) hours of actual working time from 5:00 p.m. through 9:00
a.m. inclusive. However, employees who have been regularly working a
shift qualifying for shift differential 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 1 1 - 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:
1 . 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.
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 Union of the possibility of such layoffs and shall
- 24 -
meet and confer with the Union regarding the implementation of the
action.
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.
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
- 25 -
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 displa-
cement purposes shall be determined by adding the employee's length of
service in the particular class in question to the employee's length of
service in other classes at the same or higher salary levels as determined
by the salary schedule in effect at the time of layoff. Employees
reallocated or transferred without examination from one class to another
class having a salary within five percent of the former class, as provided
in Section 305.2 of the PMRs, 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 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
- 26 -
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.
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 liste&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 cer-
tification mailed to the person's last known address.
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.
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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 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.
SECTION 12 - HOLIDAYS
12.1 Holidays Observed. The County will observe the following holidays:
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A. January 1 st, known as New Years Day
Third Monday in January known as
Dr. Martin Luther 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 employee shall accrue two (2) hours of personal holiday credit per
month. Such personal holiday time may be taken in increments of one-half
(1/2) hour, and preference of personal holidays shall be given to
employees according to their seniority in their department as reasonably
as possible. No employee may accrue more than 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 (5) day Monday through Friday work schedule shall
be entitled to a holiday whenever a holiday is observed pursuant to the
schedule cited above.
b. Employees on a work schedule other than Monday through Friday shall be
entitled to credit for any holiday, whether worked or not, observed by
employees on the regular schedule.
C. For all employees, if a work day falls on a scheduled holiday they shall
receive overtime pay or equivalent compensatory time credit (Holiday
Credit) for working the holiday, or if a holiday falls on the day off of an
employee, the employee shall be given straight time pay or equivalent
compensatory time credit.
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.
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The purpose of this plan is to equalize holidays between employees on regular
work schedule and those.on other work schedules.
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.
For employees in the Animal Services Department assigned to units or services
on a shift operational cycle (as designated by the appointing authority) which
includes Saturday (rather than Monday through Friday, eight (8) hours per day
or 0/80 schedule). Holidays will be observed on the day on which the holiday
falls regardless if it is a Saturday.
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.
r
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 at the overtime rate 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 Ouly 1 through ,June 30), or the
remainder thereof.
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,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 requested 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 regular vacation accruals.
After two hundred eighty-eight (288) hours, holiday time shall be paid at
the overtime rate as 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 AND PAID PERSONAL 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
er calendar month of service and begins on the date of
P 9� 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 5.8 of this MOU. Vacation
credits may be taken in 112 hour increments but may not be taken during the
first six (6) months of employment except where sick leave has been exhausted;
and none shall be allowed in excess of actual accrual at the time vacation is
taken.
13.2 Vacation 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.
13.3 Vacation Accrual Rates. For employees in the Social Service Staff
Specialists Unit, Probation Supervisor Unit and Sheriffs Non-Sworn Management
- 31
a
Unit, the rates at which vacation credits accrue and the maximum accumulation
thereof, are as follows:
Monthly Maximum
Accrual Cumulative
Length of Service Hours Hours
Under 11 years 10 240
11 years 10-2/3 256
12 years 11 -1/3 272
13 years 12 288
14 years 12-2/3 304
15 through 19 years 13-1/3 320
20 through 24 years 16-2/3 400
25 through 29 years 20 480
30 years and up 23-1/3 560
For employees in the Income Maintenance, Engineering Technician and Clerical
Supervisory Units, vacation credits accrue, and the maximum accumulation
thereof, are as follows:
Monthly Maximum
Accrual Cumulative
Length of Service Hours Hours
Under 5 years 6-2/3 160
5 through 10 years .10 240
11 years 10-2/3 256
12 years 11 -1/3 272
13 years 12 288
14 years 12-2/3 304
15 through 19 years 13-1/3 320
20 through 24 years 16-2/3 400
25 through 29 years 20 480
30 years and up 23-1/3 560
13.4 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. Vacation shall be given to employees according to their
seniority in their department as much as is reasonably possible.
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.13.7 Prorated Accruals. Employees in permanent part-time and permanent-
intermittent positions shall accrue vacation benefits on a prorated basis as
provided in Section 36-2.006 of Board Resolution 81/1165.
SECTION 14 - SICK LEAVE
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.
a,Credits to and charges against sick leave are made in minimum amounts of one-
tenth hour (6 minutes) 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 layoff 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 Governinq 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 guardian or conservator, or any
,,person who is claimed as a "dependent" for IRS reporting purposes by the
employee.
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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 Injury 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.
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,
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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 .
elow: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
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 and 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.
= 35 -
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.
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.
s
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 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
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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 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 may
place an employee on leave if the appointing authority has filed an
application for disability retirement for the employee or whom the
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appointing authority believes to be temporarily 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 a physical, medical and/or
psychiatric examination by a licensed physician and receive a report of the
findings on such examination. If the examining physician recommends that
treatment for physical or mental health problems, including leave, are in
the best interests of the employee or the County in relation to the
employee overcoming any disability and/or performing his or her duties
the appointing authority may direct the employee to take such leave
and/or undergo such treatment.
C. Leave due to temporary or permanent disability shall be without prejudice
to the employee's right to use sick leave, vacation, or any other benefit to
which the employee is entitled other than regular salary. The Personnel
Director may order lost pay restored for good cause and subject to the
employee's duty to mitigate damages.
a
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/she 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
38
4. a statement that the employee may review the materials upon which
the action is taken;
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
q`> 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,
r 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
m, {Personnel to the Merit Board. Alternatively, ,theemployee 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 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 1 1 14-1 128 inclusive. Medical
reports submitted in evidence in such hearings shall remain confidential
information and shall not be a part of the public record.
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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
f 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.
M. It issunderstood that the benefits specified in Sections 14 and 17 shall be
coordinated with the rehabilitation program as determined by the labor-
management committee.
14.6 Accrual During Leave Without Pax. 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.
14.7 Integration of SDI Benefits with the County Sick Leave Benefit Program.
Employees eligible for State Disability Insurance benefits and sick leave benefits
for any portion of disability shall be required to make application for both
benefits. The State Disability Insurance benefits shall be returned to the County
to be credited to the employees sick leave balance on the following basis:
a. Integration with State Disability Insurance is automatic and cannot be
waived.
b. The amount credited to the employees sick leave balance shall be
converted to sick leave hours by dividing the amount received from State
Disability Insurance by the employee's straight-time hourly rate, at the
- 40 -
time of payment, as determined by the appropriate salary schedule for the
employee's class of employment.
C. If the employee is eligible for State Disability Insurance benefits,
application must be made and the benefits returned to the County for sick
leave credits so that the principle of integration is completed.
d. In the event an employee is not eligible for sick leave credits from the
County, there will be no integration and the employee shall not return
State Disability Insurance benefits to the County.
e. 1n the event an employee receives sick leave benefits for a portion of the
disability period, State Disability Insurance benefits must be utilized to
restore only those .sick leave hours used during the period of disability.
f. Restoration of sick leave balances shall be rounded to the nearest one-half
(1/2) hour.
g. In no instance will an employee be allowed to purchase sick leave not
accrued.
h. . The County will provide separate accounting for the purchased sick leave
to insure that State Disability Insurance benefits are not taxable.
14.8 �Disability.Insurance Review Committee. The County.shall continue the
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.
14.9 Employee Annual Health Examination. Employees of the County who
work in a Health Services Department facility will annually be required to
complete a Health Questionnaire and take a Tuberculosis Skin Test. A chest X-
Ray will be required if the employee has previously had a positive reaction to a
tuberculosis skin. test. However, employees will not be required to take X-Ray
exams in excess of what is required by applicable Federal and State laws.
Employees will also be requested to be screened for Rubella immunity. If the
result of the Rubella test is negative, the appointing authority or designee will
recommend that the employee become immunized. If the employee has direct
patient contact and refuses to become immunized, said employee will be
relocated to an indirect patient contact area.
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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.
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
- 42 -
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.
Any unused hours transferred to a recipient will be returned to the Catastrophic
'Leave Bank.
SECTION 16 - STATE DISABILITY INSURANCE (SDI)
:Effective July 1 , 1994, the County will begin a six-month pilot program for
employees eligible for State Disability benefits. At the end of the six (6) month
pilot program, the County will meet and confer to evaluate whether the plan will
be continued. Employees eligible for SDI benefits will be required to make
application for SDI benefits and to have those benefits integrated with the use
of their sick leave accruals on the following basis:
16.1 General Provisions. The California SDI program provides disability
benefits beginning on the eighth (8) calendar day of a qualifying disability unless
the employee is hospitalized. Upon hospitalization, benefits can be payable from
-the first day of the disability. If the disability exceeds fourteen (.14) calendar
days, benefits can be payable from the first day of the disability. The maximum
period of State disability payments is up to one year. Determination of SDI
payments and eligibility to receive payments is at the sole discretion of the State
of California.
Integration means that employees will be required to use sick leave accruals to _.
supplement the difference between the amount of the SDI payment and the
employee's base monthly salary. Integration of sick leave with the SDI benefit
is automatic and cannot be waived. Integration applies to all SDI benefits paid.
For employees off on SDI, the department will make appropriate integration
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adjustments, including retroactive adjustments if necessary. Employees must
inform their department of hospitalization in a timely manner in order for the
department to make appropriate integration adjustments.
.State Disability benefit payments will be sent directly to the employees at their
home address by the State of California.
When there are insufficient sick leave accruals available to fully supplement the
difference between the SDI payment and the employee's base monthly salary,
accruals other than sick leave may be used. These accruals may be used only to
the extent that total payments do not exceed the employee's base monthly
salary.
16.2 Procedures. Employees with more than 1 .2 hours of sick leave accruals at
the beginning of the disability integration period must integrate their sick leave
accrual usage with their SDI benefit to the maximum extent possible.
When employees have 1 .2 hours or less of sick leave accruals at the beginning
of the disability integration period, the department shall automatically use 0.1
hour of sick leave per month for the duration of their SDI benefit.
When sick leave accruals are totally exhausted, integration with the SDI benefit
terminates. An employee may use any other accruals without reference to or
integration with the SDI benefit.
When the SDI benefit is exhausted, sick leave integration terminates. Then the
employee may use sick leave or other accruals.
Employees with no sick leave balance at the beginning of the disability
integration period may use any other accruals without reference to or
integration with the SDI benefit.
Employees whose SDI claims are denied must present a copy of their claim denial
to their department. The department will then authorize use of unused sick
leave and shall authorize the use of other accruals as appropriate.
Employees may contact the Personnel Department, Benefits Division, for
assistance in resolving problems.
16.3 Method of Integration. Until an employee has a balance of 1 .2 hours of
sick leave, the employee's sick leave accrual charges while receiving SDI benefits
shall be calculated each month.
The amount of sick leave charged each employee will be calculated in the
following manner:
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The percentage of base monthly salary not covered by the SDI benefit will be
;applied to the daily hours in the employee's schedule and that number of sick
leave hours will be charged against the employee's sick leave accruals.
For purposes of integration with the SDI program, all full time employees'
schedules will be converted to 8-hour/5-day weekly work schedules during the
period of integration.
The formula for full time employees' sick leave integration charges is shown
below:
L = [(S-D) - S1 x 8
S = Employee Base Monthly Salary
H = Estimated Highest Quarter (3-mos) Earnings
[H = Sx31
W = Weekly SDI Benefit from State of California SDI Weekly Benefit Table
C = Calendar Days in each Month
D = Estimated Monthly SDI Benefit
[D = (W = 7) xC1
L = Sick Leave, Charged per Day
Permanent .part-time, permanent-intermittent employees, and those full time
employees,working.a light/limited duty reduced schedule program shall have
..their sick leave integration adjusted accordingly.
16.4 Definition., "Base Monthly Salary" for purposes of sick leave integration is
defined as the salary amount for the employee's step on the salary schedule for
the employee's permanent classification as shown in the "Salary" field on the On
Line Payroll Time Reporting System used by departments for payroll reporting
purposes.
16.5 Conversion to the New SDI Program. For all employees receiving SDI
benefits prior to July 1 , 1994, conversion to the new SDI program operated by
departmental payroll staff will be coordinated by the Personnel Department,
Benefits Division.
All employee SDI benefit checks received in the Personnel Department and
signed over to the County by June 30, 1994, will be deposited and used to buy
;back the employee's sick leave, with sick leave credits appearing on the July 10th
pay warrants insofar as possible.
All Employee SDI benefit checks received, but not signed over to the County, by
June 30, 1994, will be returned to the employee. All employee SDI benefit
=checks received after June 30, 1994, will be returned to the employee. In both
,,,these situations, no sick leave buy back will be made, regardless of the calendar
period to which the benefit checks pertain. Program transfer to departmental
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payroll staff will be effective July 1 , 1994 for the month of,July with the first
computation of SDI benefits and integration with sick leave under the new
program made on the August 10, 1994 pay warrants covering the July 1994
payroll period.
SECTION 17 - WORKERS' COMPENSATION
A. Employees who leave work as a result of an on-the-job injury will have the
balance of that day charged to sick leave and/or vacation accruals. This
will be considered as the last day worked for purposes of determining
Workers' Compensation benefits.
B. Three (3) consecutive calendar days following the last day worked
constitutes a waiting period before Workers' Compensation starts. The
time the employee is scheduled to work during this waiting period will be
charged to the employee's sick leave and/or vacation accruals. In order to
qualify for Workers' Compensation the employee must be under the care
of a physician. Temporary compensation is payable on the first three (3)
days of disability when the injury necessitates hospitalization, or when the
disability exceeds fourteen (14) days.
A permanent employee shall continue to receive applicable regular salary
during any period, of compensable temporary disability absence in
accordance with Section #5 of the-January 28, 1992 Letter of Agreement
between the County and the Health Care Coalition. "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 by him 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 County contribution to the employees group medical plan shall
continue during any period of compensable temporary disability absence.
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, the
employee separates from County Service or dies, or until one (1) year has
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expired, whichever comes first. All continuing pay under the 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. Applicable Pay Beyond One Year. If an injured employee remains eligible
for temporary disability beyond one year, applicable salary will continue
by integrating sick leave and/or vacation accruals with Workers'
Compensation benefits. If salary integration is no longer available,
Workers' Compensation benefits will be paid directly to the employee as
prescribed by Workers' Compensation laws.
E. Rehabilitation Integration. An injured employee who is eligible for
Workers' Compensation Rehabilitation Temporary Disability benefits and
whose disability is medically permanent and stationary will continue to
receive applicable 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)]
C = Sick leave or vacation charge per day (in hours)
W = Statutory Workers' Compensation for a month
S = Monthly salary
SECTION 18 - LEAVE OF ABSENCE
18.1 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
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disability, serious health conditions, and family care shall be granted in
accordance with applicable State and Federal law.
18.2 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.
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 18.5 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.
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A.
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.
18.3 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 5.8 (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 time. When computing
vacation sick leave, floating holiday, and other accrual credits for employees
taking furlough time, this provision shall supersede Section 13.4, 14.2, 14.6, and
,,` ,.18.1 of this MOU regarding the computation of vacation, sick leave, floating
iholiday, and other accrual credits as regards furlough time only. For payroll
. ..; purposes, furlough time (absence without pay with prior authorization of the
s` appointing authority) shall be reported separately from other absences without
spay to the Auditor-Controller. The existing Voluntary Time Off, program shall be
continued for the life of the contract.
1.8.4 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 what-
soever.
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
.gas time in County service.
49
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.
18.5 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:
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.
18.6 Certification. 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.
18.7. Intermittent Use of Leave. 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 18.12
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.
18.8 Aggregate Use for Spouse. 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.
18.9 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 the employee is the guardian or
conservator, or an adult dependent child of the employee.
- 50 -
'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;
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 tintermittent 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;
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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.
18.9 Pregnancy Disability Leave. Insofar as pregnancy disability leave is used
under Section 14.3.d (Sick Leave Utilization for Pregnancy Disability), that time
will not be considered a part of the 18 week family care leave period.
18.10 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 18.12. 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 18.12. 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.
18.11 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 14.3 - 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 under Section 16 or as provided in the sections
below.
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,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 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 accrualsas 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
entitlement4. 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.
18.13 Leave of Absence Replacement and 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
1 1 (Seniority, Workforce Reduction, Layoff, & Reassignment Seniority) shall apply.
18.14 Leave of Absence Return. In the Social Service Department an employee
-shall have the right to return to the same class, building, and assignment
(position control number) if the return to work is within eighty-nine (89) con-
secutive days from the initial date the employee started leave of absence. At
such time the leave of absence is approved by the Appointing Authority, the
Social Service Department shall notify the employee of the final date by which
he/she shall return to be assigned to the same position control number.
18.15 Reinstatement From Family Care or 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
Mschedule is after no more than 720 hours, including use of accruals, of
=intermittent or reduced schedule leave. At the time the original leave is
- 53 -
approved, the appointing authority shall notify the employee in writing of the
final date to return to work, or the maximum number 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.
18.16 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.
18.17 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.
18.18 Non-Exclusivity. Other MOU language on this subject, not in conflict, shall
remain in effect.
SECTION 19 -JURY DUTY AND WITNESS DUTY
19:1 lu'ry Dut 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.
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
- 54 -
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.
8. Permanent-intermittent employees are entitled to paid jury duty leave only
for those days on which they were previously scheduled to work.
19.2 Witness Duty. Employees called upon as a witness or an expert witness
in a case arising in the course of their work or the work of another department
may remain in their regular pay status and turn over to the County all fees and
expenses paid to them, other than mileage allowance, or they may take vacation
leave or leave without pay and retain all fees and expenses.
Employees called to serve as witnesses in private cases or personal matters (e.g.,
accident suits and family relations) shall take vacation leave or leave without pay
and retain all witness fees paid to them.
Retention or waiver of fees shall be governed by the same provisions as apply
to jury duty as set forth in Section 19.1 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.
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SECTION 20 - HEALTH AND WELFARE LIFE AND DENTAL CARE
20.1 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 QuaiMed 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 B) between the
County and the Labor Coalition shall be in effect.
20.2 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.
:20.4 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.
20.5 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
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.
20.6 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.
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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 time and place specified by the County.
Late payment shall result in cancellation of Health Plan coverage with no
reinstatement allowed.
An employee who terminates County employment may convert to individual
health plan coverage, if available, or may continue County group health plan
coverage to the extent provided under COBRA by making premium payments to
the County at a time and place specified by the County.
20.7 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.
20.8 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 thirty (30) days of the date
coverage is no longer afforded under the spouse's plan.
SECTION 21 - PROBATIONARY PERIOD
21.1 Duration. All appointments from officially promulgated employment lists
for original entrance or promotion shall be subject to a probationary period.
This period.shall be from six (6) months to two (2) years duration.
21.2 Probation Periods Over Six Months. Classes represented by the Union
which have probation periods in excess of six (6) months: None.
21.3 Revised Probation 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.
4.
2.1.4 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
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limited term positions or any period of continuous leave of absence without pay
or-period of work connected disability exceeding fifteen (1 5) 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.
21.5 Rejection During Probation. An employee who is rejected during the
probation period and restored to the eligible list shall begin a new probationary
period if subsequently certified and appointed.
A. Appeal from rejection. Notwithstanding any other provisions of this
section, an employee (probationer) shall have the right to appeal from any
rejection during the probationary period based on political, or religious or
Union activities, or race, color, national origin, sex, age, handicap or sexual
orientation.
B. The appeal must be written, must be signed by the employee and set forth
in 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 seventh (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.
21.6 Regular Appointment. The regular appointment of a probationary
employee shall begin on the day following the end of the probationary period,
subject to the condition that the Director of Personnel receives 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
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rejected at any time during the probation period without regard to the Skelly
provisions of this.WOU, without.notice and without right of appeal or hearing
except as provided in Section 21 .5.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. The appointing authority shall attempt to give a probationary
employee five (5) days notice of said rejection. If the appointing authority fails
to submit in a timely manner the proper written documents certifying that a
probationary employee has served in a satisfactory manner and later
acknowledges it was his or her intention to do so, the regular appointment shall
begin on the day following the end of the probationary period.
Notwithstanding any other provisions of the 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
=�z
position not included in the Merit System shall be restored to a position in the
h"F 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.
21.7 Layoff During Probation. An employee who is laid off during probation,
if reemployed in the same class by the same department, shall be required to
complete only the balance of the required probation.
If reemployed in another department or in another classification, the employee
shall serve a full probationary period. An employee appointed to a permanent
position from a layoff or reemployment list is subject to a probation period if the
position is in a department other than the department from which the employee
separated, displaced, or voluntarily demoted in lieu of layoff. An appointment
from a layoff or reemployment list is not subject to a probation period if the
position is in the department from which the employee separated, displaced or
voluntarily demoted in lieu of layoff.
59 -
21.8 Rejection During Probation of Layoff Employee. An employee who has
achieved permanent status in the class before layoff and who subsequently is
appointed from the layoff list and then rejected during the probation period shall
be automatically restored to the layoff list, unless discharged for cause, if the
person is within the period of layoff eligibility. The employee shall begin a new
probation period if subsequently certified and appointed in a different
department or classification than that from which the employee was laid off.
SECTION 22 - PROMOTION
.22.1 Competitive Examination. Promotion shall be by competitive examination
unless otherwise provided in this MOU.
22.2 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.
22.3 Open Exams. If an examination for one of the classes represented by the
-Union is proposed to be announced on an open only basis, the Director of
.Personnel shall give five (5) days prior notice of such proposed announcement
and shall meet at the request of the Union to discuss the reasons for such open
announcement.
22:4 Promotion Via Reclassification Without Examination. Notwithstanding
other p.rovi'sions of this Section, an employee may be promoted from one
classification to a higher classification and his/her position reclassified at the
request of the appointing authority and under the following conditions:
a. An evaluation of the position(s) in question must show that the duties and
responsibilities have significantly increased and constitute a higher level
of work.
b. The incumbent of the position must have performed at the higher level for
one (1 ) year.
C. The incumbent must meet the minimum education and experience
requirements for the higher class.
d. The action must have approval of the Personnel Director.
e. The Union approves such action.
The appropriate rules regarding probationary status and salary on promotion are
applicable.
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.22.5 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.
22.6 Seniority Credits. Employees who have qualified to take promotional
examinations and who have earned a total score, not including seniority credits,
of seventy (70) percent or more, shall receive, in addition to all other credits, five
one-hundredths of one (.05) percent for each completed month of service as a
permanent County employee continuously preceding the final date for filing
.application for said examination. For purposes of seniority credits, leaves of
.absence shall be considered as service. Seniority credits shall be included in the
final percentage score from which the rank on the promotional list is
determined. No employee, however, shall receive more than a total of five
percent (5%) credit for seniority in any promotional examination.
22.7 Denial Review. If the department denies an employee's request for
reclassification, upon request of the Union, the denial will be reviewed by the
Personnel Director and appointing authority and the reasons for denial given to
the Union in writing.
22.8 Release Time For Examinations. Permanent employees shall be granted
release time from work without loss of pay to take County promotional
examinations or take interviews for a County promotional position provided the
employee gives the Department sufficient notice of the need for time off.
SECTION 23 - TRANSFER
23.1 Transfer 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;
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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.
23.2 Transfer Policy. 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.
23.3. Transfer Procedure. The County will provide the Union with a list of
administrative/personnel officers of each County department. It is the
responsibility of employees to contact County departments and inform them of
their desire to transfer. Employees who transfer from one department to another
.shall serve a three month probationary period. Provisions of this section do not
apply to transfers from eligible lists.
The Personnel Director will send a list of employees interested in a transfer to
all departments with each certification (referral) from an employment list for a
vacant position. The appointing authority may contact the employees interest
in a transfer and may choose to interview them in relation to the vacancy. The
decision of the appointing authority is final. Upon receipt of the proper
documents and in accordance with Sections 23.1 and 23.2, employees will be
eligible for transfer upon receipt of approval of the Director of Personnel.
Nothing in this section limits the ability of individuals to express their interest
in a transfer without having first made a transfer application or restricts an
appointing authority from making a transfer appointment of such an individual.
The County and the Union agree to meet six (6) months following the adoption
of this agreement by the Board of Supervisors to review the modification made
to Sections 23.2 and 23.3.
23.4 Transfer List. The Personnel Director will send to all departments an
updated transfer list on a monthly basis.
23.5 Reassignment of Work Location. Employees desirous of reassignment to
a position in the same classification at another work location shall submit a
request for reassignment in writing to the Department Head. When openings
occur in various work locations, requests for reassignment will be reviewed with
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consideration given to various factors including but not limited to distance of
employee's residence from desired work location and relative length of service
of the applicants for a particular location. The Department Head or designated
representative shall make the sole determination as to assignment of personnel,
except as otherwise provided in the supplemental sections of this MOU. This
provision applies to intradepartmental reassignments only. In no event shall
reassignments be utilized for disciplinary purposes.
SECTION 24 - RESIGNATIONS
An employee's voluntary termination of service is a resignation. Written
.resignations shall be forwarded to the Personnel Department by the appointing
authority immediately on receipt, and shall indicate the effective date of
termination. Oral resignation shall be immediately confirmed by the appointing
.authority in writing to the employee and to the Personnel Department and shall
indicate the effective date of termination.
24.1 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.
24.2 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.
24.3 Effective Resignation. A resignation is effective when delivered or spoken
to the appointing authority, operative either on that date or another date
specified.
24.4 Revocation. A resignation that is effective is revocable only by written
concurrence of the employee and the appointing authority.
:24.5 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
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after its expression, by serving written notice on the Director of Personnel
and a copy on the appointing authority.
B. Reinstatement. If the appointing authority acknowledges that the
employee could have believed that the resignation was coerced, it shall be
revoked and the employee returned to duty effective on the day following
the appointing authority's 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 26 of the MOU beginning
with Step 3.
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.
24.6 Eligibility for Reemployment. Within one year of resignation in good
standing from County serv.ice, a person who has had permanent status which
included satisfactory completion of probation may make application by letter to
the Director of Personnel for placement on a reemployment list as follows: the
class from which the person resigned; or any one class of equal or lesser rank
in the occupational series and in which the person had previously attained
permanent status; or for any class or deep class which has replaced the class in
which the person previously had status, provided that the person meets the
minimum requirements for the new class. If the appointing authority of the
department from which the person resigned recommends reemployment, the
Director of Personnel shall grant reemployment privileges to the person.
Consideration of names from a reemployment list is mandatory if the appointing
authority recommended reemployment of the individual(s) listed but is optional
for other appointing authorities. Names maybe removed from reemployment
lists in accordance with the provisions of Section 11 .2.5 of this MOU.
SECTION 25 - DISMISSAL, SUSPENSION, TEMPORARY REDUCTION IN PAY, AND
DEMOTION
25.1 Sufficient Cause for Action. The appointing authority may dismiss,
suspend, temporarily reduce the pay of, or demote any employee for cause. A
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temporary reduction in pay will not exceed 5% of base pay 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 or
demotion may be based on reasons other than those specifically mentioned:
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,
z -
i. negligent or willful damage to public property or waste of public supplies
x or equipment,
rt,
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,
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
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of a sexual nature, when such conduct has the purpose or effect of
affecting employment tdecisions concerning an individual, or unreasonably
interfering with an individual's work performance, or creating an
intimidating and hostile working environment.
25.2 Skelly Requirements. Notice of Proposed Action (Skelly Notice). Before
taking a disciplinary action to dismiss, suspend for more than five (5) work days
(four (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.
25.3- 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 writing the period to respond. If the employee's
response is not filed within seven (7) days or during any extension, the right to
respond is lost.
25.4 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.
25.5 Length of Suspension. Suspensions without pay shall not exceed thirty
(30) days unless ordered by an arbitrator, an adjustment board or the Merit
Board.
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25.6 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, 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 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, reduction in pay, or demotion either to the Merit
Board or through the procedures of Section 26 - 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 .the Merit Board and file a grievance
under Section 26 of this MOU.
25.6 Weingarten Rights. In accordance with applicable Federal law, an employee
is entitled to have a Union representative present at an investigatory interview
with the employee's supervisor when the employee reasonably believes that
disciplinary action might result. It is the responsibility of the employee to
request the presence of a Union representative, and when such.a request is
made by the employee, the investigatory interview shall be temporarily recessed
for a reasonable period of time until a Union representative can be present.
SECTION 26 - GRIEVANCE PROCEDURE
26.1 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 Union may
represent the grievant at any stage of the process. Grievances must be filed
within thirty (30) days of the incident or 'occurrence about which the grievant
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
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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 0 0) work days 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.
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) Union
representatives, no more than two (2) of whom shall be either an employee of
the County or an elected or appointed official of the Union 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) Union 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 or the grievance will move to arbitration upon demand.
Step 5 If an Adjustment Board is unable to arrive at a majority decision, either
the grievant or the County 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) work days of the rendering of the Adjustment Board decision. Within
twenty (20) work days of the request for arbitration the parties shall mutually
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`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.
26.2 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 Union which has been certified as the
recognized employee organization for such unit and unless such dispute
falls within the definition of a grievance as set forth in Subsection 26.1
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 Board or arbitration proceedings hereunder) will
be recognized unless agreed to by the County and the Union.
26.3 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 grievance will automatically
move to the next step. If a grievant fails to meet the time limits specified in
-Steps 1 through 3 above, the grievance will be deemed to have been settled and
withdrawn.
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i+
26.4 Union Notification. An official, with whom a formal grievance is filed by
a grievant who is included.i.n a unit represented by the Union in the grievance,
shall give the Union a copy of the grievance.
26.5 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.
26.6 Strike/Work Stoppage. During the term of this MOU, the Union, its
members and representatives, agree that it and they will not engage in,
authorize, sanction, or support any strike, slowdown, stoppage of work, sickout,
or refusal to perform customary duties.
In the case of a legally declared lawful strike against a private or public sector
employer which has been sanctioned and approved by the labor body or council
having jurisdiction, an employee who is in danger of physical harm shall not be
required to. cross the picket line, provided the employee advises his or her
supervisor as soon as possible, and provided further that an employee may be
required to cross a picket line where the performance of his or her duties is of
an emergency nature and/or failure to perform such duties might cause or
aggravate a danger to public health or safety.
26.7 Merit Board.
A. All grievances of employees in representation units represented by the
Union shall be processed under Section 26 unless the employee elects to
apply to the Merit Board on matters within its jurisdiction.
B. No action under Steps 3, 4, and 5 of Subsection 26.1 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.
26.8 Filing by Union. The Union 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.
26.9 Disputes Over Existence of Grievance. Disputes over whether a grievance
exists as defined in Section 26.1 shall be resolved through the grievance
procedure.
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~:26.10 Disqualification From Taking an Exam. If disqualified from taking an
:examination, an employee may utilize the appeal process specified in the
Personnel Management Regulations for employees disqualified from taking an
examination.
SECTION 27 - BILINGUAL PAY
A salary differential of fifty dollars ($50.00) per month shall be paid incumbents
of positions requiring bilingual proficiency as designated by the appointing
authority and Director of Personnel. Said differential shall be prorated for
employees working less than full time and/or who are on an unpaid leave of
absence for a portion of any given month. Designation of positions for which
bilingual proficiency is required is the sole prerogative of the County.
Employees shall not be required to translate without pay except in emergency
situations.
SECTION 28 - RETIREMENT CONTRIBUTION
��Pursuant to Government Code Section 31581 .1 , the County will continue to pay
fifty (50) percent of the retirement contributions normally required of
3employees. Such payments shall continue for the duration of this MOU, and shall
terminate thereafter. Employees shall , be responsible for payment of the
employees' contributionJor 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 29 - REIMBURSEMENT
29.1 Training Reimbursement. The County Administrative Bulletin on Training
shall govern reimbursement for training and shall continue to limit
reimbursement for career development training to two hundred ($200) dollars
per semester or one hundred fifty dollars ($150) per quarter, not to exceed six
hundred dollars ($600) per year, except as otherwise provided in the
supplemental sections of this MOU.
29.2 Personal Property Reimbursement. The loss or damage to personal
property of employees is subject to reimbursement under the following _.
conditions:
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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 worker's 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.
i. 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 the
Personal Property.
29.3 Reimbursement For Meals. Employees shall be reimbursed for meal
expenses under the following circumstances and in the amount specified in the
Administrative Bulletin on expense reimbursement when:
a. The employee is required by his/her Department Head to attend a meeting
concerning County business or County affairs.
b. 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. The employee is required to stay over to attend consecutive or continuing
afternoon and night sessions of a board or commission.
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d. The employee is required to incur expenses as host for official guests of
the County,, work as members of examining boards, official visitors,
speakers or honored guests at banquets or other official functions.
e. The employee is required to work three or more hours of overtime; in this
case he or she may be reimbursed in accordance with the Administrative
Bulletin on Expense Reimbursement.
Meal costs will be reimbursed only when eaten away from home or away from
the facility in the case of employees at twenty-four hour institutions.
SECTION 30 - CLASSIFICATION
Existing classes of positions may be abolished or changed and new classes may
be added to the classification plan by the Director of Personnel subject to
approval by the Board of Supervisors. The County will meet and confer with the
Union on the minimum qualifications and salary of new classes.
1f the County wishes to add duties to classes represented by the Union, the
-Union shall be notified, and upon request of. Union representatives of the
County, will meet and consult with the Union over such duties.
SECTION 31 - SAFETY AND SAFETY EQUIPMENT REIMBURSEMENT
The County shall expend every effort to see to it that the work performed under
_the terms and conditions of this MOU is performed with a maximum degree of
safety consistent with the requirement to conduct efficient operations. The
Union may recommend safety guidelines, regulations, training programs and
necessary corrective actions concerning conditions associated with the work
environment. Representatives of the Union may want to discuss with certain
Department Heads the participation of the employees it represents on existing
departmental safety committees. If a Department Head agrees, the Union may
designate a representative to participate in any established Safety Committee.
An employee designated by the Union may participate on each of the established
district safety committees within the Department of Social Service.
31.1 VDT Users Eye Examination. The County agrees to provide an annual eye
examination on County time at County expense provided that the employee
regularly uses a video display terminal at least an average of two (2) hours per
=day as certified by their department.
Employees certified for examination under this program must process their
request through the Employee Benefits Division of the County Personnel
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Department. Should prescription VDT eyeglasses be prescribed for the employee
following the examination, , he County agrees to provide, at no cost, the basic
coverage which includes a $10 frame and single vision lenses. Employees may,
through individual arrangement between the employee and their doctor and
solely at the employee's expense, include bifocal, trifocal or blended lenses and
other care, services or materials not covered by the Plan. The basic plan
coverage, including the examination, may be credited toward the employee-
enhanced benefit.
31.2 Reopener. At the request of the County, Sections 31 .1 may be reopened
during the term of this MOU to consider alternate programs for providing VDT
user eye examinations.
31.3 Safety Shoe & Safety Eyeglass Reimbursement. The County shall
reimburse employees for safety shoes and prescription safety eyeglasses in
those classifications the County has determined eligible for such reimbursement.
For each two (2) 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 other than the amount 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.
SECTION 32 - MILEAGE
The mileage allowance for use of personal vehicles on County business shall be
paid according to the rates allowed by the Internal Revenue Service 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.
Mileage from an employee's home to the normal work location is not
reimbursable. The normal work location is the location to which an employee is
regularly assigned. An employee with more than one (1 ) normal work location
shall be reimbursed for the mileage traveled in the same work day between
those work locations.
When an employee is temporarily reassigned to a different work location,
mileage will be reimbursed in excess of the normal mileage between the
employee's home and the regular work location.
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SECTION 33 - STAGGERED WORK SCHEDULE
The Social Service Department shall continue to operate a staggered work
schedule plan. Office hours shall remain open to the public from 8:00 a.m. to
5:00 p.m., Monday through Friday. Permanent full time employees shall have the
option to select, subject to prior approval of the department, an eight (8) hour
day, forty (40) hour workweek schedule consisting of work hours which may be
other than the normal 8:00 a.m. to 5:00 p.m. or 4:30 p.m. work schedule. The
following shall serve as the basic criteria for the staggered shift:
a. All employees must be present at their office or otherwise engaged in the
duties of their position during the core hours of 10:00 a.m. and 3:30 p.m.
b. Work schedules must remain within the hours of 7:00 a.m. and 7:00 p.m.
C. The selected staggered work schedule shall consist of the same hours of
work each day except for when a schedule including one varying eight
hour workday is necessary to provide officer of the day coverage or for
other specific circumstances in which the department determines that
such a varying schedule is appropriate. The decision of the department
head or designee shall be final.
d. Each employee's proposed staggered schedule must be submitted in
writing: and ,approved,. by the Department Head or designee prior to
implementation.
e. Changes in staggered schedules shall be requested in writing and must
have the approval of the Department Head or designee prior to
implementation.
f. Conflicting requests for schedules shall be resolved by the Department
Head or designee whose decision shall be final.
g. It is understood that an individual employee's schedule may be changed
due to the needs of the department.
h. In the event this staggered scheduling provision is found by the
department to be inconsistent with the needs of the department, the
department shall so advise representatives of the Union and the County
and the Union shall meet and confer in an attempt to resolve the
inconsistency.
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SECTION 34 - MEAL PERIODS
Representatives of the Union may discuss varying meal periods (e.g. one-half
0/2) hour versus a one hour meal period), with certain Department Heads. Any
change in the meal period agreed to by the Union and Department Heads must
have final approval from the County Administrator.
SECTION 35 - PERFORMANCE EVALUATION
In those instances when there is a written performance evaluation of an
employee and the employee is requested to sign the evaluation, the employee
shall receive a copy of the evaluation if she/he so requests.
SECTION 36 - DISCIPLINARY ACTIONS
If the employee so requests in writing, a copy of any written disciplinary action
affecting an employee shall be furnished to the Union.
SECTION 37 - PERSONNEL FILES
Employees 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. 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. 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 the employee who shall have the right to respond in writing to said
documents.
Derogatory material in an employee's personnel file (such as warning letters)
over two years old will not be used in a subsequent disciplinary action unless
directly related to the action upon which the discipline is taken. Derogatory
material does not include prior suspensions, demotions or dismissals for cause.
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.
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This section does not apply to the records of an employee relating to the
investigation of a possible criminal offense, medical records and information or
.letters of reference.
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 38 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 39 - REASSIGNMENTS
39.1 Request for Reassignment. The Social Service Department shall continue
€.f: . _the vacancy information system which lists vacant positions which the
`;department has determined will be filled by intradepartmental reassignment.
;Positions shall be,listed for five (5) working days in department offices prior to
filling the position.
Permanent full time employees desirous of reassignment to a position in the
same classification at another work location should submit a request in writing
--to the Social Service Department personnel office. Such request will stay in effect
for ninety (90) days from the date it is submitted. When it is determined that a
vacant position may be filled by intradepartmental transfer, the department will
determine from which district the transfer may be made based upon the amount
and nature of work, and the names of people from that/those district(s) in the
appropriate classification who have indicated a desire to transfer to that location
will be submitted.to the supervisor who will make a selection. In the event three
(3) names are not available through this process, then the gaining supervisor
may request additional names from the reemployment/eligible list.
39.2 Involuntary Reassignments. In the event an involuntary reassignment
must be made, the Social Service .Department will determine the building from
which the employee will be reassigned, based on workload statistics. The least
..senior employee in that building in the appropriate classification will be
aransferred.
If a vacancy occurs in the same class and in the same geographic area from
-which an employee was involuntarily reassigned, the Department shall offer the
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position to the employee who was involuntarily reassigned. If the employee
declines the offer, he/she will not be considered for any future vacancies in that
geographic area except as provided in Section 39.1 above.
For the purposes of this Section, geographic areas shall be defined as:
West County 1 305 Macdonald Avenue, Richmond
3431 Macdonald Avenue, Richmond
3055 Research Drive, Richmond
3630 San-,Pablo Dam Road, EI Sobrante
Linus Pauling Drive, Hercules
Central County 2500 Alhambra Avenue, Martinez
30 Muir Road, Martinez
40 Muir Road, Martinez
500 Court Street, Martinez
40 Douglas Drive, Martinez
East County 4545 Delta Fair Boulevard, Antioch
39.3 Social Service Staff Specialists Unit. S.S. Program Analysts, S.S.
Information Systems .Analysts and S.S. Sr. Information Systems Analysts
(hereinafter referred=to as Analysts) in this unit, shall have the opportunity to
express their desire for reassignments to a position in the same classification at
any time in accordance with Section 23.5.
Analysts shall be notified of positions vacant and eligible to be filled via memo
at their work site. The Department shall interview all interested Analysts in that
classification who have responded to the vacancy notification.
Selection of Analysts for reassignment to vacant positions will be reviewed with
consideration given to various factors including but not limited to: experience
or demonstrated skill appropriate to the position sought; any previous
involuntary reassignments; seniority within the classification; operational and
programmatic needs of the Department; location of the work assignment relative
to the Analyst's place of residence. The Department Head or designated
representative shall make the sole determination as to reassignment of
personnel.
In the event of an involuntary reassignment, the number of times an Analyst has
been involuntarily reassigned shall be considered so as to prevent any Analyst
from being involuntarily reassigned more than once in any twelve month period.
Analysts involuntarily reassigned will be given priority consideration to return
to the assignment and location from which they were reassigned should that
vacancy occur and it is determined that the position is to be refilled.
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,SECTION 40 - UNFAIR LABOR PRACTICE
Either the County or the Union 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 41 - 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 Director of
::Personnel shall determine these matters based on the employee status records
in his/her department.
SECTION 42 - 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 fifty percent (50%) of
-full time. If the employee works at least fifty percent (50%) of full time, County
.retirement participation is also included.
SECTION 43 - PERMANENT-INTERMITTENT EMPLOYEE BENEFITS
Permanent-intermittent employees are eligible for prorated vacation and sick
leave benefits.
SECTION 44 - PERMANENT-INTERMITTENT HEALTH PLAN
A permanent-intermittent employee represented by the Union may participate
:in the County Group Health Plan of medical, dental and life insurance coverage
wholly at the employee's expense. The County will not contribute to the
employee's monthly premium. The employee will be responsible for paying the
-monthly premium appropriately and punctually. Failure to meet the premium
,,deadline will mean automatic and immediate withdrawal from the County Group
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Health Plan and reinstatement may only be effectuated during the annual open
enrollment period.
SECTION 45 - 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
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 46 - WORD PROCESSING/VDT DIFFERENTIALS
46.1 Buyout of Differential. Effective April 1 , 1992 all job classes in the Clerical
Supervisors Unit and the Social Service Staff Specialist Unit will be increased to
the'closest salary range available that is $50.00 higher than the current salary
range at the mid-point step after the general wage increase of 30 levels is added.
Effective May 1 , 1992 employees in the above units who were receiving VDT or
Word Processing Differential shall no longer receive such differential.
46.2 Continuing Differentials. All job classes in the Income Maintenance,
Probation Supervisor and Engineering Technician Units that currently are eligible
for VDT or Word Processing Differential shall not have $50.00 added to their
salary range. However, employees in these job classes who are receiving either
a VDT or Word Processing Differential will continue to receive the differential
until such time as they vacate their class.
SECTION 47 - ENGINEERING TECHNICIAN SPECIAL ISSUES
47.1 Rotational Advisory Committee. The Public Works Department
Engineering Rotational Advisory committee shall be continued through the term
of this MOU. The primary purpose of this Committee shall be to make
recommendations to the Public Works Director on an annual basis for rotations
of Engineering Technicians.
The Committee shall consist of two Engineering Technicians and various
designated management representatives. The Engineering Technicians shall be
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-selected by the Union. The Committee may additionally include a representative
,of the Union if requested by the Engineering Technicians representatives.
The Committee may also discuss Engineering Technician rotation procedures
and implementation methods, safety and training needs and other related
matters.
47.2 Engineering Technician Bidding Procedure. When a vacant Senior Level
position is made available, the Public Works Department shall bid the position
in the following manner:
a. All Engineering Technicians-Senior Level and qualified Engineering
Technicians-Journey Level shall receive a notice of opening.
b. "Qualified" means an employee shall meet the minimum qualifications of
the Engineering Technician-Senior Level designation.
C. The Departmental Final Selection Interview Panel shall include at least the
Division or Assistant Division Head for the Division from where the vacancy
occurs and a member of the Administrative Services Division.,
A. The bid notice shall be posted for a minimum of three work days.
e. Selection shall be made from all interested applicants on the basis of merit
and qualifications.
When a vacant Journey Level position is made available, the Public Works
::Department shall bid the position in the following manner:
a. All Engineering Technicians Journey Level and qualified Engineering
Technicians-Entry Level shall receive a notice of opening.
b. "Qualified" means an employee shall meet the minimum qualifications of
the Engineering Tech nicianJourney Level designation.
C. The Departmental Final Selection Interview Panel shall include at least the
Division or Assistant Division Head for the Division from where the vacancy
occurs and a member of the Administrative Services Division.
d. The bid notice shall be posted for a minimum of three work days.
e. Selection shall be made from all interested applicants on the basis of merit
and qualifications.
;47.3 Flexible Work Week. The Public Works Department shall continue a
flexible forty (40) hour workweek for Engineering Technicians assigned to the
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office. Crucial to the continuance of the flexible forty (40) hour workweek will
be the impact on service to the public.
SECTION 48 - CLASSIFICATION STUDIES
48.1 District Attorney Family Support Clerical Supervisors. The County agrees
to evaluate the Clerical Supervisor positions within the Family Support Division
of the District Attorney's office to see if they are properly classified. This review
will be completed by October 1 , 1992 and a progress report given to the Union
by June 30, 1992.
48.2. Other Clerical Supervisor Positions. The County agrees to review and
evaluate as necessary any Clerical Supervisor position where it is alleged that
Office Manager duties are performed.
SECTION 49 - SHERIFF'S DEPARTMENT SHIFT & HOLIDAY AGREEMENT
The agreement between the Union on behalf of the Supervisory Clerical Unit and
the Sheriffs Department concerning shift assignments and holiday coverage in
the Services Division shall remain in effect for the duration of this agreement.
SECTION 50 - MEALS
Employees represented by the Union who are employed at the County Hospital
and who are required to work on Thanksgiving, Christmas or New Year's will be
provided a free meal in the Hospital Cafeteria at no cost to the employee
between 6:30 a.m. and 6:30 p.m. only.
SECTION 51 - SPECIAL STUDIES/PROJECTS
A. The County will conduct a feasibility study during the term of this MOU to
ascertain the advantages and/or disadvantages to County employees of
providing an Ineligible Deferred Compensation Plan as described in Section
457(f) of the Internal Revenue Code of 1986.
B. The Social Service Department shall review, on at least a quarterly basis,
the amount and nature of work of individuals in the Income Maintenance
Program Unit. As possible within budgetary and operational constraints,
the Department will attempt to balance the amount and nature of work of
individuals in that Unit. There shall be a meeting between the Social
Service Department and the Union, as necessary, to review and discuss the
existing amount and nature of work, and efforts made and considered to
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balance that work. Summary minutes shall be kept of the discussions and
shall be distributed to committee members prior to the next meeting.
C. The Social Service Department and representatives of the Income
Maintenance Unit of the Union shall meet to begin consideration of the
potential impacts future automation could have on the amount and nature
of work for this classification.
D. Following the adoption of the MOU by the Board of Supervisors,
representatives from the Public Works Department and Local 512 agree to
meet to revise the language in #4 of the outside employment restrictions
section from the draft Conflict of Interest Policy which was reviewed by the
parties in negotiation on September 15, 1994.
E. 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.
F. Attendance Program. There shall be convened a . Labor-Management
Committee to develop an attendance program for County employees.
G. 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 1 , 1995, the Committee
shall recommend such program upon which it has reached mutual
agreement for adoption by the parties.
H. During the life of this MOU, the County agrees to participate in a joint
labor-management committee whose specific objective will be to identify
and evaluate any feasible methods of lessening or eliminating the
difference in benefit levels between the Tier I and Tier II Retirement plans.
This committee will make use of the resources and advice of the County
Retirement Office and its staff and will report its findings and
recommendations to the County Administrator.
I. The County agrees to meet with representatives of Local 512 to discuss
performance evaluation on a County-wide basis but not a County-wide
performance form.
J. Engineering Technician - Deep Class. As soon as possible following
adoption of this MOU, representatives from the Public Works Department
and the Engineering Technician Unit of Local 512 shall meet to develop a
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. 4
performance-based evaluation system which includes the following
parameters:
• Defining Engineering Technician - Deep Class levels of
responsibility;
• Establishing performance goals and objectives for each of the levels
within the deep class and identifying measurable performance
indicators for those goals and objectives;
• Developing performance evaluation criteria and evaluation form;
• Establishing time frames for employee evaluations (e.g., annually,
semi-annually, etc.);
• Redefining salary ranges within deep class levels;
• Developing salary step placement guidelines;
• Developing supervisor's guidelines to follow in implementing
evaluation process; and
• Establishing an evaluation screening committee to review
performance evaluations, ensure that evaluation standards are
enforced uniformly- and consistently,- and to resolve employee
appeals.
In addition, the County agrees effective October 1 , 1994 to convert Step
26 of the Engineering Technician - Deep Class salary range from a
performance-based step to a merit step.
SECTION 52 - SPECIAL BENEFITS
Incumbents in all classes in the Social Service Staff Specialist Unit, Income
Maintenance Unit, Clerical Supervisors Unit, Probation Supervisors Unit and
Sheriffs Non-Sworn Unit are eligible to receive the following benefits:
A. Life Insurance. $35,000 Group Term Life Insurance will be provided
($40,000 for Probation Supervisors Unit). Premiums for this insurance will
be paid by the County with conditions of eligibility to be reviewed
annually. This provision is effective beginning August 1 , 1992 for the
Clerical Supervisors Unit and Income Maintenance Unit.
B. LTD. Long-Term Disability Insurance will be provided, with a replacement
limit of eighty-five percent (85%) of total monthly base earnings reduced
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t 1 L \
by any deductible benefits. The premium for this Long-Term Disability
Insurance will be paid by the County.
C. Vacation Buy Back Plan. The County will reimburse up to one-third (1/3)
of an employee's annual vacation accrual, subject to the following
conditions: (a) the choice can be made only once in each calendar year; (b)
payment shall be based on an hourly rate determined by dividing the
employee's monthly salary by 173.33; and (c) the maximum number of
hours that may be reimbursed in any year is one-third (1/3) of the annual
accrual at the time of reimbursement.
D. Professional Development. Reimbursement will be provided for up to $150
per fiscal year for memberships in professional organizations,
subscriptions to professional publications and attendance fees at job-
related professional development activities. Authorization for individual
professional development reimbursement requests shall be made by the
Department Head. Reimbursement will occur through the regular demand
process with demands being accompanied by proof of payment (copy of
invoice or canceled check).
_E. Longevity Differential. A Longevity Pay Plan will provide a 2-112% increase
in pay following completion of ten years of County Service, subject to
appointing authority approval based on merit.
F.. Paid Personal Leave. Forty hours of paid personal leave will be provided
during a calendar year. Said personal leave is provided to recognize both
the fact that these employees do not and will not receive payment for
overtime and the unavailability of compensatory time off for this group of
employees.
G. Deferred Compensation Incentive. Effective May 1 , 1992, the County's
contribution to eligible employees who participate in the County's
Deferred Compensation Plan will be $40 per month. To be eligible for this
incentive supplement, eligible employees must first contribute a Base
Contribution Amount to the Deferred Compensation Plan as follows:
Monthly Base
Current Contribution Amt.
Monthly Qualifying Base for Maintaining
Salary Contribution Amt. Program Eligibility
2,500 & below 250 50
2501 - 3334 500 50
3335 - 4127 750 50
.4168 - 5000 1000 50
5001 - 5834 1500 100
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5835 - 6667 2000 100
6668 & above 2250 100
Employees who meet these Base Contribution Amounts must contribute at
least $50 or $100 per month to remain eligible for the $40 County
supplement. Employees who discontinue contributions or who contribute
less than the required amount per month for a period of one (1 ) month or
more will no longer be eligible for the $40 County supplement. To
reestablish eligibility, employees must again make a Base Contribution
Amount as set forth above based on current monthly salary. Employees
with a break in Deferred Compensation Contributions because of an
approved medical leave, shall not be required to reestablish eligibility.
Employees with a break in deferred compensation contributions because
of either an approved medical leave or approved financial hardship
withdrawal shall not be required to re-establish eligibility. Further,
employees who lose eligibility due to budgetary constraints but maintain
contributions at the required level and later return to an eligible position
shall not be required to re-establish eligibility.
Eligible employees who participated in the Deferred Compensation Plan
prior to May 1 , 1992 but were not eligible to receive the County
contribution will be given .credit towards the qualifying base amount for
contributions made afterjanuary 1 , 1992.
H. Employees in the Sheriffs Non-Sworn Managers Unit shall continue for the
duration of this MOU to be eligible to receive those Management Benefits
currently available to them in Resolution 92/107 and Resolution 94/417.
SECTION 53 - 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 54 - 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
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prior to sixty (60) days from the aforesaid termination date of its intention to
amend, modify or-terminate the agreement.
SECTION 55 - SCOPE OF AGREEMENT AND SEPARABILITY OF PROVISION
55.1 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.
55.2 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.
.55.3. Personnel Management Regulations. Where a specific provision
contained in a section of this MOU conflicts with a specific provision contained
f in a section of the Personnel Management Regulations, the provision of this MOU
E> shall prevail. It is recognized, however, that certain provisions of the Personnel
Management Regulations may be supplementary to the provisions of this MOU
ordeal with matters not.within the scope of representation and as such remain
in full force and effect.
SECTION 56 - 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 Union may claim a violation of a past practice.
If the Union can demonstrate that such past practice exists by virtue of having
been acknowledged and agreed to by Management and representatives of the
Union or by employees represented by the Union 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.
- 87 -
Date:
CONTRA COSTA COUNTY AFSCME, LOCAL 512
_ 88 _
ATTACHMENT A
Contra Personnel Department
Third Floor, Administration Bldg.
Costa 651 Pine Street
County Martinez, California 94553-1292
(415) 372-4064
Harry b. Cisterman
Director of Personnel
July 9, 1985
Mr. Warren Nelson
Representative
United Clerical Employees,
Local 2700, AFSCME
936 Court Street
Martinez, CA 94553
Dear Mr. Nelson:
This side letter is to confirm agreement that the application of seniority '
rules for purposes of layoff and departmental seniority issues including but not
limited to, reassignment and vacation scheduling, in the .Income Maintenance Unit
represented by Local 512, AFSCME will be determined as set forth in Section-12
of the 1983-85 Memorandum of Understanding between Contra Costa County and
Professional and Technical Employees, Local 512, AFSCME.
If this conforms to your understanding, please sign the original of this side
letter and return it to me at your earliest convenience. The copy is for your
records
Date ? APPROVED AND ACCEPTED
Contra Costa County' Professio 1 & Techn cal
Employees, Local 512, AFSCME
All
�lf1n —PAST P�5+
cc: Robert Jornl in, Social Service''_'
Louise Aiello, Social Service
IPMAI
INTERNATIONAL PERSONNEL MANAGEMENT ASSOCIATION MEMBER
ATTACHMENT B
PROJECT POSITIONS
Professional and Technical Employees, AFSCME, Local 512 and the County have met
and conferred in good faith regarding wages, hours and other terms and conditions
.of employment for employees in project classes which, except for the project
designation, would be represented by Professional and Technical Employees,
AFSCME, Local 512. For example, Engineering Technician I is represented by
Professional and Technical Employees, therefore, it has been agreed that
Engineering Technician I-Project will also be represented by Professional and
Technical Employees.
Other project classes that are not readily identifiable as properly included in
bargaining units represented by Professional and Technical Employees shall be
assigned to bargaining units in accordance with the provisions of Section 34-12.015
of Board Resolution 81/1165.
The Union and the County understand that the meet and confer process with respect
to the conditions of employment for project classifications is unique and, therefore,
differs from other regular classes represented by Professional and Technical
Employees in the following respects:
` 1. Project employees are not covered by the Merit System;
2. project employees may be separated from service at any time without regard
to the provisions of this Memorandum of Understanding, without right of
appeal or hearing or recourse to the grievance procedure specified herein;
and
3. any provision of this Memorandum of Understanding which pertains to layoff
or seniority are not applicable to project employees.
' 4
' '
v .M ATTACHMENT C
CLASS&SALARY LISTING
EFFECTIVE JANUARY 1, 1995
ENGINEERING TECHNICIAN UNIT
CLASS SALARY/LEVEL CLASS TITLE
NSWB 1800-2188/C51377 BLUEPRINT TECHNICIAN
NSSA 2874-3493/C51845 ENGINEERING RECORDS TECHNICIAN SPEC.
NPSA 2452-2980/051686 ENGINEERING RECORDS TECHNICIAN
NSTF 2078-3759/TK1397 ENGINEERING TECHNICIAN-DEEP CLASS
NSTG 2874-3493/C51845 SENIOR ENGINEERING RECORDS TECHNICIAN
N9SD 3510-4266/C52045 SENIOR HYDROGRAPHER
INCOME MAINTENANCE PROGRAM UNIT
CLASS SALARY/LEVEL CLASS TITLE
XHHA 2863-3656/XB1890 ELIGIBILITY WORK SUPERVISOR I
XHSA 3006-3654/C51890 GENERAL ASSISTANCE HEARING REP.
XAHA 3510-4266/C52045 S.S. FRAUD PREVENTION SUPERVISOR
XLHA 3510-4266/C52045 S.S. WELFARE FRAUD INVESTIGATIONS SUPV.
CLERICAL SUPERVISORY UNIT
CLASS SALARY/LEVEL CLASS TITLE
r'VAHB 2772-3370/C51809 AMBULATORY CARE CLINIC COORDINATOR
VNTC 2701-3283/C51783 ACCREDITED RECORD TECHNICIAN
JDHA 2595-3314/C51793 ACCOUNT CLERK SUPERVISOR
JWHC 2552-3261/XB1771 SUPERVISING ASSESSMENT CLERK
JWHA 2552-3261/XB 1771 CLERICAL SUPERVISOR
V9NB 2761-3526/XC1854 SUPVR. PATIENT FINANCIAL SERVICES SPEC.
VCHC 2772-3370/C51809 H. S.APPOINTMENT SYSTEMS COORDINATOR
SOCIAL SERVICE STAFF SPECIALIST UNIT
CLASS SALARY/LEVEL CLASS TITLE
X4SH 3809-4630/C52127 SOCIAL SERVICE PROGRAM ANALYST
XQW7 3129-3803/C51930 S.S. INFORMATION SYSTEMS ANALYST-PRJ.
XQVC 4200-4630/C32127 SR. S.S. INFORMATION SYSTEMS ANALYST
PROBATION SUPERVISOR UNIT
CLASS SALARY/LEVEL CLASS TITLE
7KHA 3182-3868/C51947 INSTITUTIONAL SUPERVISOR I
7AHC 3447/4190/C52027 PROBATION COMM SVCS PROG SUPV
7AHA 3671-4462/C52090 PROBATION SUPERVISOR I
SHERIFF'S NON-SWORN UNIT
CLASS SALARY/LEVEL CLASS TITLE
64DA 3775-4589/C52118 CENTRAL IDENT BUREAU DIRECTOR
64HA 2437-2962/C51680 DETENTION SERVICES SUPERVISOR
64FD 4065-4941/C52192 DIR FOOD SERVICES-DETENTION FACILITIES
64FA 4227-5138/C52231 DIR SUPP SERVICES-DETENTION FACILITIES
64FC 4065-4941/C52192 DIRECTOR OF INMATE SERVICES
JPN3 2620-3346/XB 1801 PROCESS SUPERVISOR
64NC 4151-5046/C52213 SHERIFF'S COMMUNICATIONS CENTER DIR.
PESA 3783-4598/C52120 SHERIFF'S COMMUNICATIONS SPECIALIST
ti
ATTLoCHI ZNT D
Contra Pers :7nel Department
Costa Third Floor, Administration Bldg.
v`u 651 Pine Street
County Martinez, California 94553-1292
(415) 372-4064
Harry D. Cisterman
Director of Personnel
December 22, 1981
Ms. Diana Doughtie
United Clerical Employees
Local 2700, AFSCME, Council 57
936 Court Street
Martinez, Ca. 94553
Dear Ms. Doughtie:
This letter is to confirm understandings reached during this year's meet and
confer sessions regarding the certification rule of the Personnel Management
Regulations.
AFSCME Locals 512 and 2700 and the County agree that:
1 . On each request for personnel from an open employment list,
ten names shall be certified. If more than one position is
to be filled in any class in a department at the same time
from, the same request for personnel, the number of names to
be certified from an open employment list shall be equal to
the number. of positions to be filled plus nine.
2. On each request for personnel from a promotional employment list,
five (5) names shall be certified. If more than one-position is
to be filled in any class in a department at the same time from the
same request for personnel, the number of names to be certified from
a promotional employment list shall be equal to the number of positions
to be filled plus four (4) .
If the foregoing conforms to your understanding, please indicate your acceptance
and approval in the space provided below.
Date: Z ,
United Clerical Employees, Local 2700
& Professional and Technical
Contra Costa County Employees, Local 512 AFSCME, AFL-CIO
By i�` L' Y' C J iii! BY
y
MGR:ms
JPMQ
INTERNATIONAL PERSONNEL MANAGEMENT ASSOCIATION MEMBER
EXHIBIT A
CONTRA COSTA COUNTY
HEALTH CARE COALITION NEGOTIATIONS
JANUARY 28, 1992
SETTLEMENT AGREEMENT
HEALTH & DENTAL SUBVENTION ONLY
1 SUBVENTION FOR 1991-1992
CCHP: County will contribute $10 single and $26 family for premium increases; employees
will continue to pay $.01. Dental only coverage at $.01.
1st Choice, Kaiser& Dental: County will contribute 77%toward health and dental premiums
with plan changes indicated below. County subvention for Safeguard B to be the same level
as for Safeguard A not to exceed total premium of Safeguard B.
2. PLAN CHANGES FOR 1991-1992 (All effective 1st of month following open enrollment)
Kaiser:
$3 co-pay on Rx and include COB. County agrees to add maintenance drug program within
60 days of its availability.
1st Choice (PPO pays @ 1000; non-PPO pays @ 80% of UCR after annual $200
deductible.)
• Add office visit coverage for routine pap test.
Add, diabetic training to $300 lifetime limit.
• Add injectable drugs to Rx program with 50% co-pay.
Cap physical therapy visits at 50 visits per calendar year.
Change Pharmacy drug program from $2 generic, $8 brand name'to $2 generic, $5
brand name - no exceptions.
• Add $25 co-pay for a non-PPO Emergency Room physician if services provided at a
PPO hospital; balance of bill paid by health plan (no further exceptions as under
current plan).* County will continue current practice of negotiating non-PPO
provider billings for services provided at PPO hospital.
Add $25 co-pay for a non-PPO Radiologist if services are performed at a PPO
hospital; balance of bill paid by health plan (no further exceptions as under current
plan). Second opinion provisions remain unchanged.*
• Biannual routine eye examinations for corrective lenses only with $10 co-pay.
Annual eye examinations for children to age 18 and adults over 40 with $10 co-pay.
Dental Plan
Continue with current dental program and add Safeguard B option beginning with March
1992 open enrollment. Reopen Delta dental plan for redesign in June 1992. County will
solicit proposals on prepaid dental plans prior to the end of the MOU period. The Request
for Proposal will be made available to all qualified vendors of prepaid dental plans
(including Denticare).
- 2 -
3. REOPENER FOR HEALTH PLAN REDESIGN
Effective June 1, 1992, the County and the Health Care Coalition will reopen meet and
confer deliberations on further health plan redesign with the objectives of achieving
improved cost control and service to members.
4. SUBVENTION FOR 1992-1993
CCHP: County will contribute 98%of premium cost for health and dental plans. Dental only
coverage at $.01.
1st Choice, Kaiser & Dental: County will contribute 77% toward health and dental
premiums. County subvention for Safeguard B to be the same level as for Safeguard A not
to exceed total premium of Safeguard B.
If a mutually agreeable range of plan redesign options are achieved by the County and the
Health Care Coalition as a result of the June 1992 reopener, the County will contribute an
additional 3% not to exceed 80%.
5. WORKERS' COMPENSATION
w
The County will reduce Workers'. Compensation for all non-safety employees to 94% of
monthly salary for all claims filed with the employee's department on or after February 10,
1992 and 88% filed on or after January 1, 1993. All savings generated will be used toward
offsetting chargeable increases in County subvention of premiums for health and dental
plans. If Workers' Compensation becomes taxable, the County agrees to restore the
current benefit level (100% of monthly salary) and the parties shall meet and confer with
respect to funding the increased cost.
*$25 co-pay does not apply to annual$1000 maximum out-of-pocket expense per member (includes
$200 deductible). $25 co-pay is waived after $1000 limit is reached.
FOR THE COUNTY: FOR THE HEALTH CARE COALITION:
DATE: DATE: J _
copro3:hcc
EXHIBIT B
Tentative Agreement
Wages & Health Plan Adjustments
The County and the members of the Labor Coalition agree to jointly recommend that the Board of
Supervisors consider and adopt the following settlement on wages and health plan adjustments for
the period October 1, 1993, to September 30, 1995.
1. Wages
Effective July 1, 1994, increase salary by 10 levels (1.0045%).
Effective January 1, 1995, increase salary by 10 levels (1.0045%). Any net savings
achieved by the County from the replacement of the 1st 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 1%salary increase
effective January 1, 1995.The California Nurses Association, IAFF Local 1230, and the
Union of American Physicians and Dentists are exluded from these wage increases and
subvention calculations. The savings shall be computed on a per cap basis as follows:
a. The County's "original cost" shall be computed by adding together the gross subvention
for each represented employee in 1st Choice for the month of 10-01-93, the sum then
increased by 14%.
b. The County's "current cost" shall be computed by adding together the gross subven-
tions of each represented employee who transferred from 1st Choice to QualMed, for
the month 10-01-94.
c. 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
increases.
2. Coverages Offered
Effective February 1, 1994, the County will offer medical plans including Contra Costa
Health Plan(CCHP), Kaiser, QualMed, Delta Dental, and Safeguard Dental.
3. Health Plan Subvention
Effective 2/1/94:
CCHP = County share 98%
QualMed/Kaiser HMO's = County Share 79%
QualMed PPO = County share 77%to October 31, 1994.
Delta Dental =Increase annual maximum benefit per member from $1,000 to $1,200.
4. Kaiser Copays
Effective February 1, 1994:
Kaiser Office Visit= $3.00; Kaiser Drugs = $3.00
5. Future ualMed PFO Increases
Effective November 1, 1994, the County and Coalition members will equally share (50/50)
the amount of any premium increases.
6. Health Plan Review Committee
The County proposal for a labor/management health plan review committee is accepted.
The Committee shall be comprised of five reps of the Coalition and up to five reps of
management and shall review changes in rates and benefits and if the committee decides it
is advisable to meet with a health plan provider, such contact shall be initiated by the
chairperson.
7. Wellness
The County proposal on Wellness presented 116/94 is accepted and is effective February 1,
1994.
8. Indemnification
The County will indemnify all unions in the Coalition in actions brought regarding
termination of the 1st Choice Health Plan.
9. Runout
The County agrees to assume all runout costs associated with termination of the 1st Choice
Health Plan.
10. Open Enrollment
Open Enrollment on a one-time basis shall be January, 1994, through February, 1994, and
shall subsequently be in November of each year.
Dated: January 13, 1994
For the County: For the Coalitio
f
EXHIBIT C
Contra %; L^ °�,. Personnel Department
Costa Administration Bldg.
` 651 Pine Street
County =: s.�
r 4° Martinez, California 94553-1292
r'9 R,
DATE: April 14, 1992
TO: Department Heads
FROM: Harry D. Cisterman, Director of Personne
X�/
SUBJECT: Employee Concerns
The employees of many departments are concerned about timely response to their
inquiries/filings regarding the following;
A. Vacation Requests
All department heads are to advise all managers and first line supervisors to
respond to employee vacation requests within ten (10) calendar days of the
receipt for vacation leave.
B. Compensatory Time Off in Lieu of Overtime Pay
In accordance with the Provisions of the M.O.U. between the County and
AFSCME, Council 57, employees represented by the Union have the option of
receiving overtime for time worked in excess of the regular work schedule or
receiving compensatory time credit. Please insure that all managers and first
line supervisors are informed of this option.
C. Job Performance Deficiencies
Advise all managers and first line supervisors that job performance
deficiencies should be called to the attention of the employee as soon as
discovered and documented as far in advance of the final period of a
performance evaluation (probation) as possible.
Additionally, employees represented by AFSCME, Council 57 should be allowed
reasonable use of a County FAX machine to receive and transmit necessary
documents to the local Union Office.
Thank you for your cooperation.
HDC:sd
cc: Loca12700
Local 512