HomeMy WebLinkAboutMINUTES - 09231997 - C40 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on September 23, 1997 by the following vote:
AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, and DeSaulnier
.NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT:
Approval of the 1995-98 Memorandum )
of Understanding with the District )
Attorney Investigators' Association ) Res. 97/ 496
The Contra Costa County Board of Supervisors RESOLVES THAT:
1 . On October 8, 1996 the Labor Relations Manager submitted a Letter of
Understanding dated October 4, 1996 which reflected negotiated
agreements reached between the parties on terms and conditions of
employment affecting employees represented by the District Attorney
Investigators' Association (DATA).
2. The Memorandum of Understanding with DAIA incorporating the agreed-
upon terms and conditions mentioned above is attached.
3. This Board having 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 , 1995.
1 hereby certify that this Is a true and correct copy of
an action taken and entered on the minutes of Me
Board of Supaglsorstem r on t ie date23', 1997
n.19 9 7
ATTESTED: ep
PHIL BATCHELOR,Clerk of the board
of Supervisors and County Admbkb& f
BY
Orig. Dept.: Human Resources Department (Contact Kathy Ito @ 335-1785)
cc:Auditor-Controller/Payroll
District Attorney's Office
District Attorney Investigators' Association
to
MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND
DISTRICT ATTORNEY INVESTIGATORS' ASSN.
OCTOBER 1 , 1995 - SEPTEMBER 30, 1998
DISTRICT ATTORNEY INVESTIGATORS' ASSOCIATION
TABLE OF CONTENTS
=CTION 1 ASSOCIATION RECOGNITION . . . . . . . . . . . . . . 5
:CTION 2 ASSOCIATION SECURITY
2.1 Dues Deduction .... . .. . . . . . . . . . .. . . . . . . . . . . . . 5
2.2 Dues Authorization Form . . .. . . . . . . . . . . . . . . . . 6
2.3 Maintenance of Membership . . . . . . . . . . . . . . . . 7
2.4 Withdrawal of Membership . . . . . . . . . . . . . . . . . . 7
2.5 Communicating With Employees . . . . . . . . . . . . . 8
2.6 Use of County Buildings . . . . . . . . . . . . . . . . . . . . 9
.2.7 Advance Notice . . . . . . . . . . . . . . . . . . . . . . . . . . 10
2.8 Assignment of Classes to, Bargaining Units . . . . 10
:CTION 3 NO DISCRIMINATION . . . . . . . . . . . . . . . . . . . . 11
ION 4 OFFICIAL REPRESENTATIVES
1 Attendance at Meetings . . . . . . . . . . . . . . . . . . . 12
4.2 Association Representatives . . . . . . . . . . . . . . . 13
:CTION 5 SALARIES
5.1 General Wage Increases . . . . . . . . . . . . . . . . . . 13
5.2 Entrance Salary . . . . . . . . . . . . . . . . . . . . . . . . 15
5.3 Anniversary Dates . . . . . . . . . . . . . . . . . . . . . . . . 15
5.4 Increments Within Range . . . . . . . . . . . . . . . . . . 17
5.5 Part-Time Compensation . . . . . . . . . . . . . . . . . . 18
5.6 Compensation for Portion of Month . . . . . . . . . . 18
5.7 Position Reclassification . . . . . . . . . . . . . . . . . . . 19
5.8 Salary Reallocation & Salary on Reallocation . . 19
5.9 Salary on Promotion . . . . . . . . . . . . . . . . . . . . . . 21
5.10 Salary on Involuntary Demotion . . . . . . . . . . . . . 22
5.11 Salary on Voluntary Demotion
5.12 Transfer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Pay for Work in Higher Classification . . . . . . . . . 23
P4' Payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
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A.
SECTION 6 DAYS & HOURS OF WORK . . . . . . . . . . : . . . . 26
SECTION 7 OVERTIME & COMPENSATORY TIME
7.1 Overtime . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
7.2 Compensatory Time . . . . . . . . . . . . . . . . . . . . . . 26
7.3 Court Appearance Overtime . . . . . . . . . . . . . . . . 29
SECTION 8 PAGERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
SECTION 9 ON CALL/CALL BACK . . . . . . : . . . . . . . . . . . . 29
SECTION 10 SENIORITY, WORKFORCE REDUCTION, LAYOFF
& REASSIGNMENT
10.1 Workforce Reduction . . . . . . . . . . . . . . . . . . . . . 31
10.2 Separation Through Layoff . . . . . . . . . . . . . . . . . 32
10.3 Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
10.4 Special Employment Lists . . . . . . . . . . . . . . . . . . 38
10.5 Reassignment of Laid Off Employees . . . . . . . . 39
SECTION 11 HOLIDAYS
11 .1 Holidays Observed . . . . . . . . . . . . . . . . . . . . . . . 39
11 .2 Application of Holiday Credit . . . . . . . . . . . . . . . 40
11 .3 Permanent Part-Time Employees . . . . . . . . . . . 41
SECTION 12 VACATION
12.1 Vacation Allowance . . . . . . . . . . . . . . . . . . . . . . 42
12.2 Vacation Accrual Rates . . . . . . . . . . . . . . . . . . . 42
12.3 Accrual During Leave Without Pay . . . . . . . . . . 43
12.4 Vacation Allowance for Separated Employees . 43
12.5 Accrual on Prorated Basis . . . . . . . . . . . . . . .. . . 43
12.6 Vacation on Reemployment From Layoff List 43
SECTION 13 SICK LEAVE
13.1 Purpose of Sick Leave . . . . . . . . . . . . . . . . . . . . 43
13.2 Credits to & Charges Against Sick Leave . . . . . 44
13.3 Policies Governing the Use of Paid Sick Leave . 44
13.4 Administration of Sick Leave . . . . . . . . . . . . . . 49
13.5 Disability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
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13.6 Workers' Compensation . . . . . . . . . . . . . . . . . . . 57
13.7 Integration of SDI . . . . . . . . . . . . . . . . . . . . . . . . 59
13.8 Accrual During Leave Without Pay . . . . . . . . . . 59
SECTION 14 LEAVE OF ABSENCE
14.1 Leave Without Pay . . . . . . . . . . . . . . . . . . . . . . . 60
14.2 General Administration . . . . . . . . . . . . . . . . . . . . 60
14.3 Family Care or Medical Leave . . . . . . . . . . . . . . 61
14.4 Pregnancy Disability Leave . . . . . . . . . . . . . . . . 65
14.5 Group Health Plan Coverage . . . . . . . . . . . . . . . 66
14.6 Leave Without Pay - Use of Accruals . . . . .I I . . . 66
14.7 Military Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
14.8 Return From Leave of Absence . . . . . . . . . . . . . 68
14.9 Appeal of Denial . . . . . . . . . . . . . . . . . . . . . . . . . 70
14.10 , Salary Review While on Leave of Absence . . . . 70
14.11 Unauthorized Absence . . . . . . . . . . . . . . . . . . . . 70
14.12 Furlough Days Without Pay . . . . . . . . .. . . . . . . . 70
SECTION 15 JURY DUTY AND WITNESS DUTY . . . . . . . . . 71
SECTION 16 HEALTH & WELFARE,-LIFE & DENTAL CARE
16.1 Health/Dental Plan Contract Extension . . . . . . . 74
16.2 Health Plan . . . . . . . . . . . . . . . . . . . . . . . . . . 74
16.3 Contra Costa Health Plan (CCHP) . . . . . . . . . . . 75
16.4 Health Plan Contribution . . . . . . . . . . . . . . . . . . . 75
16.5 Dental Program . . . . . . . . . . . . . . . . . . . . . . . . . . 77
16.6 Dental Contribution . . . . . . . . . . . . . . . . . . . . . . . 77
16.7 Rate Information . . . . . . . . . . . . . . .. . . . . . . . . . . 78
16.8 Life Insurance Program . . . . . . . . . . .. . . . . . . . . 78
16.9 Life Insurance Contributions . . . . . . . . . . . . . . . . 78
16.10 Premium Payments . . . . . . . . . . . . . . . . . . . . . . . 78
16.11 Extended Coverage . . . . . . . . . . . . . . . . . . . . . . 79
16.12 Retirement Coverage . . . . . . . . ... . . . . . . . . . . . 80
16.13 Dual Coverage . . . . . . . . . . . . . . . . ... . . . . . . . . 80
16.14 Health Care Spending Account . . . .. . . . . . . . . . 81
16.15 Wellness Incentive . . . . . . . . . . . . . . . . . . . . . . . 81
16.16 PERS Long Term Care . . .. . . . . . . . . . . . . . . . . . 83
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SECTION 17 PROBATIONARY PERIOD
17.1 Duration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
17.2 Probation Periods Over Six Months . . . . . . . . . . 83
17.E Revised Probationary Period . . . . . . . . . . . . . . . 83
17.4' Length of Probaticn Period . . . . . . . . . . . . . . . . . 84
17.5 Rejection During Probation . . . . . . . . . . . . . . . 84
17.6 Regular Appointment . . . . . . . . . . . . . . . . . . . . . 85
17.7 Layoff During Probation . . . . . . . . . . . . . . . . . . 87
17.8 Rejection During Probation of Layoff Employee. 87
SECTION 18 PROMOTION
18.1 Competitive Exam . . . . . . . . . . . . . . . . . . . . . . . . 87
18.2 Promotion Policy . . . . . . . . . . . . . . . . . . . . . . . . . 88
18.3 Open ,Exam . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
18.4 Promotion Via Reclass. Without Examination 88
18. Requirements for Promotional Standing . . . . . . 89
18) Seniority Credits . . . . . . . . . . . .Physical
. . . . . 89
18.7 Physical Examination . . . . . . . . . . . . 89
M
SECTION 19 TRANSFER
19.1 Conditions . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . 90
19.2 Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
SECTION 20 RESIGNATIONS
20.1 Resignation in Good Standing . . . . . . . . . . . . . 91
20.2 Constructive Resignation . . . . . . . . . . . . . . . . . . 91
20.3 Effective Resignation . . . . . . . . . . . . . . . . . . . . . 92
20.4 Revocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
}
20.5 Coerced Resignations . . . . . . . . . . . . . . . . . . 92
SECTION 21 DISMISSAL, SUSPENSION, DEMOTION,
TEMPORARY REDUCTION IN PAY, REDUCTION
WITHIN CLASS
21 .1 Cause for Action . . . . . . . . . . . . . . . . . . . . . . . . 93
21 .2 Skelly-Requirements . . . . . . . . . . . . . 95
21 .3 Employee Response . . . . . . . . . . . . . r:.. . . . . . . 96
21 .4 Leave Pending Employee Response . . . . . . . . . 96
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21 .5 Suspensions Without.Pay . . . . . . . . . . . . . . . . . . 96
21 .6 Procedure on Disciplinary Actions 97
SECTION 22 GRIEVANCE PROCEDURE
22.1 Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
22.2 Time Limits . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
22.3 Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
22.4 Compensation Complaints . . . . . . . . . . . . . . . . 100
22.5 StrikeMork Stoppage . . . . . . . . . . . . . . . . . . . . 101
22.6 Merit Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
22.7 Filing by Association . . . . . . . . . . . . . . . . . . . . . 102
SECTION 23 RETIREMENT CONTRIBUTION . . . . . . . . . . . 102
SECTION 24 SAFETY . . . . . . . . . . . . . . . . . . . . . . . . 102
SECTION 25 MILEAGE . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . 103
SECTION 26 PAY WARRANT ERRORS . . . . . . . . . . . . . . . . 103
SECTION 27 PROVISIONAL APPOINTMENT . . . . . . . . . . . 104
SECTION 28 PERSONNEL FILES . . . . . . . . . . . . . . . . . . . . 105
SECTION 29 SERVICE AWARDS . . . . . . . . . . . . . . . . . . . . . 106
SECTION 30 REIMBURSEMENT FOR MEAL EXPENSES . 107
SECTION 31 COMPENSATION FOR LOSS ,OR DAMAGE TO
PERSONAL PROPERTY . . . . . . . . . . . . . . . . 108
SECTION 32 UNFAIR LABOR PRACTICE . . . . . . . . . . . . . . 109
SECTION 33 LENGTH OF SERVICE DEFINITION . . . . . . . . 109
SECTION 34 PERM. PART-TIME EMPLOYEE BENEFITS 110
SECTION 35 P-1 EMPLOYEE BENEFITS . . . . . . . . . . : . . . . 110
SECTION 36 PROVISIONAL EMPLOYEE BENEFITS . . . . . 110
SECTION 37 PROFESSIONAL MEMBERSHIP STIPEND . . 111
SECTION 38 SAFETY EQUIPMENT . . . . . . . . . . . . . . . . . . . 111
SECTION 39 DEPENDENT CARE . . . . . . . . . . . . . . . . . . . . . 112
SECTION 40 STUDIES/PROJECTS . . . . . . . . . . . . . . . . . . . 112
SECTION 41 BILINGUAL PAY . . . . . . . . . . . . . . . . . . . . . . . 113
SECTION 42 ADOPTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
SECTION 43 SCOPE OF AGREEMENT & SEPARABILITY OF
PROVISIONS
43.1 Scope of Agreement . . . . . . . . . . . . . . . . . . . . . 114
43.2 Separability of Provisions . . . . . . . . . . . . . . . . . 114
43.3 Personnel Management Regulations . . . . . . . . 114
43.4 Duration of Agreement . . . . . . . . . . . . . . . . . . . 114
SECTION 44 PAST PRACTICES & EXISTING MOU'S . . . . 115
ATTACHMENTS
A - PROJECT POSITIONS
B - CLASS & SALARY LISTINGS
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t
MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND
DISTRICT ATTORNEY
INVESTIGATORS' ASSOCIATION
This Memorandum of Understanding (MOU) is entered into
pursuant to the authority contained in Board of.Supervisors
Resolution 81/1165 and has been jointly prepared by the
parties,
The Employee Relations Officer (County Administrator) is
the representative of Contra Costa County in employer-
employee relations , matters as provided in Board of
Supervisors Resolution 81/1165, Section 34-8.012.
The parties have met and conferred in good faith regarding
wages, hours and other terms and conditions of employment
for the employees in units in which the Association is the
recognized representative, have freely exchanged
information, opinions and proposals and have endeavored
to reach agreement on all matters relating to the
employment conditions and employer-employee relations
covering such employees.
This 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 , 1995
and ending September 30, 1998.
D.A.I.A. - 1 - 1995-98 MOU
'Special provisions and restri-ctions pertaining to Project
employees , covered by this MOU are contained in
Attachment A which is attached hereto and made a part
hereof.
DEFINITIONS.
Appointing Authority: Department Head unless otherwise
provided by statute or ordinance.
Association: District Attorney Investigators' Association.
Class: A group of positions sufficiently similar with respect
to the duties and responsibilities that similar selection
procedures and qualifications may apply and that the same
descriptive title may be used to designate each position
allocated to the group.
Class Title: The designation given to a class, to each
position allocated to the class, and to the employees
allocated to the class.
County: Contra Costa County.
Demotion: The change of a permanent employee to
another position in a class allocated to a salary range for
which the top step is lower than the top step of the ,class
which the employee formerly occupied except as provided
for under "Transfer" or as otherwise provided for in this
MOU, in the Personnel Management Regulations, or in
specific resolutions governing deep classifications.
D.A.I.A. - Z - 1995-98 MOU
Director of Human Resources: The person designated by
the County Administrator to serve as the Assistant County
Administrator-Director of Human Resources.
Eligible: Any person whose name is on an employment or
reemployment or layoff list for a given classification.
Employee: A person who is an incumbent of a position or
who is on leave of absence in accordance with provisions of
this MOU and whose position is held pending his/her return.
Employment List: A list of persons who have been found
qualified for employment in a specific class.
Layoff List: A list of persons who have occupied positions
allocated to a class in the Merit System and who have been
involuntarily separated by layoff, displacement, or demoted
by displacement, or have voluntarily demoted in lieu of layoff
or displacement, or have transferred in lieu of layoff or
displacement.
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.
D.A.I.A. - 3 - 1995-98 MOU
~Project Employee: An employee who is engaged in a time
limited program or service by reason of limited or restricted
funding. . Such positions are typically funded from outside
sources but may be funded from County revenues.
Promotion: The change of a permanent employee to
another position in a class allocated to a salary range for
which the top step is higher than the top step of the class
which the employee formerly occupied, except as provided
for under "Transfer" or as otherwise provided for in this
MOU, in the Personnel Management Regulations, or in
specific resolutions governing deep classes.
Position: The assigned duties and responsibilities calling for
the regular full time, part-time or intermittent employment of
a person.
Reallocation: The act of reassigning an individual position
from one class to another class at the same range of the
salary schedule or to a class which is allocated to another
range that is within five (5) percent of the top step, except as
otherwise provided for in the Personnel Management
Regulations, deep class resolutions or other ordinances.
Reclassification: The act of changing the allocation of a
position by raising it to a higher class or reducing it to a
lower class on the basis of significant changes in the kind,
difficulty or responsibility of duties performed in such
position.
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
D.A.I.A. - 4 - 1995-98 MOU
consideration for reappointment under the Personnel
Management Regulations governing reemployment.
Resignation: The voluntary termination of permanent
service with the County from a position in the merit system.
Temporary Employment: Any employment in the merit
system which will require the services of an incumbent for a
limited period of time, paid on an hourly basis, not in an
allocated position or in permanent status.
Transfer: The change of an employee who has permanent
status in a position to .another position in the same class in
a different department, or to another position in a class
which is allocated to a range on the salary plan that is within
five percent (5%) at top step as the class previously
occupied by the employee.
SECTION 1 - ASSOCIATION RECOGNITION
The Association is the formally recognized employee
organization for the District Attorney Investigators' Unit, and
such organization has been certified as such pursuant to
Chapter 34-12 of Board Resolution 81 /1165.
SECTION 2 - ASSOCIATION SECURITY
2.1 Dues Deduction. Pursuant to Chapter 34-26 of
Resolution 81/1165 only a majority representative may have
dues deduction and as such the Association has the
exclusive privilege of dues deduction for all members in its
unit.
D.A.I.A. - 5 - 1995-98 MOU
1
'Dues deduction shall be based on the voluntary written
authorization of the employee which shall remain in effect so
long as the employee remains in a unit represented by the
Association unless such authorization is canceled in writing
by the employee in accordance with the provisions set forth
in Section 2.4. The dues deduction shall be for a specified
amount and uniform between members of the Association.
The Association shall indemnify, defend, and hold the
County harmless against any claims made and against any
suit instituted against the County on account of dues
deduction. The Association .shal I refund to the County any
amounts paid to it in error upon presentation of supporting
evidence.
2.2 Dues Authorization Form. Employees hired in
classifications assigned to units represented by the
Association shall as a condition of employment at the time
of employment complete an Association dues authorization
form provided by the Association and shall have deducted
from their paychecks the membership dues of the
Association. Said employees shall have thirty (30) days
from the date of hire to decide if he/she does not want to
become a member of the Association. Such decision not to
become a member of the Association must be made in
writing to the Auditor-Controller with a copy to the Employee
Relations Division within said thirty (30) day period. If the
employee decides not to become a member of the
Association any Association dues previously deducted from
the employee's paycheck shall be returned to the employee
and said amount shall be deducted from the next dues
deduction check sent, to the Association. If the employee
does not notify the County in writing of the decision not to
become a member within the thirty (30) day period, he/she
shall be deemed to have voluntarily agreed to pay the dues
of the Association.
D.A.I.A. - 6 - 1995-98 MOU
The dues authorization form referenced above shall include '
a statement that the Association and the County have
entered into a MOU, that the employee is required to
authorize payroll deductions of Association dues as a
condition of employment, and that such authorization may
be revoked within the first thirty (30) days of employment
upon proper written notice by the employee within said thirty
(30) day period as set forth above. Each such employee
shall, upon written completion of the authorization form,
receive a' copy of said authorization form which shall be
deemed proper notice of his or her right to revoke said
authorization.
2.3 Maintenance of Membership. All employees in
the unit represented by the Association who are currently
paying dues to the Association and all employees in such
unit who hereafter become members of the Association shall
as a condition of continued employment pay dues to the
Association for the duration of this MOU and each year
thereafter so long as the Association continues to represent
the classification to which the employee is assigned, unless
the employee has exercised the option to cease paying
dues in accordance with Section 2.4.
2.4 Withdrawal of Membership. By notifying the
Auditor-Controller's Department in writing, between August
1 , 1998 and August 30, 1998, any employee may withdraw
from Association membership and discontinue paying dues
as of the payroll period commencing September 1 , 1998
discontinuance of dues payments to then be reflected in the
October 10, 1998 paycheck. Immediately upon the close of
the above mentioned thirty (30) day period the Auditor-
Controller shall submit to the Association a list of the
employees who have rescinded their authorization for dues
deduction.
D.A.I.A. - 7 - 1995-98 MOU
1 1
1.5 Communicatinq With. Employees. The
Association shall be allowed to use designated portions of
bulletin boards or display areas in,public portions of County
buildings or in public portions of offices in which there are
employees represented by the Association, provided the
communications 'displayed have to do with official
organization business such as times and places of meetings
,and further provided that the Association appropriately posts
and removes the information. The department head
reserves the right to remove objectionable materials after
notification to and discussion with the Association.
Representatives of the Association, not on County time,
shall be permitted to place a supply of employee Literature
at specific locations in County buildings if arranged through
the Employee Relations -Officer; said representatives may,
distribute employee organization literature in work areas
(except work areas not open to the public) if the nature of
the literature and the proposed method of distribution are
compatible with the work environment and work in progress.
Such placement and/or distribution shall not be performed
by on duty employees.
The Association shall be allowed access to work locations
in which it represents employees for the following purposes:
a. to post literature on bulletin boards;
b. to arrange for use of a meeting room;
C. to leave and/or distribute a supply of literature as
indicated above,
D.A.I.A. - 8 - 1995-98 MOU
1
d. to represent an employee on a grievance, and/or to
contact an Association officer on a matter within
the scope of representation.
In the application of this provision, it is agreed and
understood that in each such instance advance
arrangements including disclosure of which of the above
purposes is the reason for the visit, will be made with the
departmental representative in charge of the work area, and
the visit will not interfere with County services.
2.6 Use of County Buildings. The Association shall
be allowed the use of areas normally used for meeting
purposes for meetings of County employees during non
work hours when:
a. Such space is available and its use by the
Association is scheduled twenty-four (24) hours in
advance;
b. There is no additional cost to the County;
C. It does not interfere with normal County operations;
d. Employees in attendance are not on duty and are
not scheduled for duty;
e. The meetings are on matters within the scope of
representation.
The administrative official responsible for the space shall
establish and maintain scheduling of such uses. The
Association shall maintain proper order at the meeting, and
see that the space is left in a clean and orderly condition.
D.A.I.A. - 9 - 1995-98 MOU
1'he use of County equipment (other than items normally
used in the conduct of business meetings, such as desks,
chairs, ashtrays, and blackboards) is prohibited, , even
though it may be present in the meeting area.
2.7 Advance Notice. The Association shall, except in
cases of emergency, have the right to reasonable notice of
any ordinance, rule, resolution or regulation directly relating
to matters within the scope of representation proposed to be
adopted by the Board, or boards and commissions
designated by the Board, and to meet with the body
considering the matter.
The listing of an item on a public agenda, or the mailing of
a copy of a proposal at least seventy-two (72) hours before
the item will be heard, or the delivery of a copy of the
proposal at least twenty-four (24) hours before the item will
be heard, shall constitute notice.
In cases of emergency when the Board, or boards and
commissions designated by the Board determines it must
act immediately without such notice or meeting, it shall give
notice and opportunity to meet as soon as practical after its
action.
2.8 Assignment of Classes to Bargaining Units.
The County shall assign new classes in accordance with the
following procedure:
a. Initial Determination. When a new class title is
established, the Employee Relations Officer shall
review the composition of existing representation
units to determine the appropriateness of including
some or all of the employees in the new class in
one or more existing representation units, and
D.A.I.A. _ 10 - 1995-98 MOU
within a reasonable period of time shall notify all 'L '
recognized employee organizations of his
determination.
b. Final Determination. His determination is final
unless within ten (10) days after notification a
recognized employee organization requests in
writing to meet and confer thereon.
C. Meet and Confer and Other Steps. He shall meet
and confer with such requesting organizations (and
with other recognized employee organizations
where appropriate) to seek agreement on this
matter within sixty (60) days after the ten (10) day
period in Subsection B, unless otherwise mutually
agreed. Thereafter, the procedures in cases of
agreement and disagreement, arbitration referral
and expenses, and criteria for determination shall
conform to those in Subsections (d) through (1) of
Section 34-12.008 of Board of Supervisors'
Resolution 81/1165.
SECTION -3 - NO DISCRIMINATION
There shall be no discrimination because of race, creed,
color, national origin, sex, sexual orientation or Association
activities against any employee or applicant for employment
by the County or by anyone employed by the County; and to
the extent prohibited by applicable State and Federal law
there shall be no discrimination because of age. There shall
be no discrimination against any disabled person solely
because of such disability unless that disability prevents the
person from meeting the minimum standards established for
D.A.I.A. - 11 - 1995-98 MOU
a position or from carrying o.ut the duties of the position
safely.
SECTION 4 - OFFICIAL REPRESENTATIVES
4.1 Attendance at Meetings. Employees designated
as official representatives of the Association shall be
allowed to attend meetings held by County agencies during
regular working hours on County time as follows:
a. If their attendance is required by the County ata
specific meeting;
b. if their attendance is sought by a hearing body or
presentation of testimony or other reasons;
C. if their attendance is required for meeting(s)
scheduled at reasonable times agreeable to all
parties required for settlement of grievances filed
pursuant to Section 22 (Grievance Procedure) of
this MOU;
d. if they are designated as a grievance
representative in which case they may utilize a
reasonable time at each level of the proceedings to
assist an employee to present a grievance,
provided the meetings are scheduled at
reasonable times agreeable to all parties;
.e. if they are designated, as spokesperson or
representative of the Association and as such
make representations or presentations at meetings
or hearings on wages, salaries and working
conditions; provided in each case advance
D.A.I.A. - 12 - 1995-98 MOU
arrangements for time away from the employee's '
work station or assignment are made with the
appropriate department head or his designee, and s
the County agency calling the meeting is
responsible for determining that the attendance of
the particular employee(s) is required.
4.2 Association Representatives . Official
representatives of the District Attorney Investigators'
Association shall be allowed time off on County time for
meetings during regular, working hours when formally
meeting and conferring in good faith or consulting with the
Employee Relations Officer or other management
representatives on matters within the scope of
representation, provided that the number of such
representatives shall not exceed two (2) without prior
approval of the department and .the Employee Relations
Officer, and that advance arrangements for the time away
from the work station or assignment are made with the
appropriate department head or his designee.
SECTION 5 - SALARIES
5.1 General Wage Increases.
A. wages.
July 1 , 1996: 30 level (3.0439%) increase
Oct. 11 1997: 30 level (3.0439%) increase
Lump Sum Payment. The July 1 , 1996 increase
will be paid in a Lump Sum Payment to each
employee for the months of July, August and
D.A.I.A. - 13 - 1995-98 MOu
September 1996, without interest,. computed as
follows:
Employee regular pay, overtime pay and other
earnings ordinarily computed as a percentage of
base pay will be added together for each
applicable pay period to determine the "Retro Pay
Base" (RPB). This base will then be multiplied by
3% to arrive at'the employee's lump sum payment.
The payment amount thus computed will be added
to the employee's November 10, 1996 paycheck
where it will be listed separately as a "Lump Sum
Payment" and will be subject to normal tax'
withholding and retirement deduction
requirements.
B. Special Salary Realignments. Effective October 1 ,
1996, the P.O.S.T. career incentive allowance as
outlined in Section 10 - Peace Officer Training of
the 1991-95 MOU, and the physical fitness
differential as outlined 'in Section 44 - -Physical
Fitness Differential of the 1991 -95 MOU, shall be
eliminated and the discontinued differentials
incorporated into the basic salary range for the
affected classes as provided below.
Effective October 1 , 1996, all classes shall receive
a special salary adjustment to compensate for the
addition of Section 8 - Pagers, and Section 9 - On-
Call/Call Back as provided herein.
The salary ranges shown below include (1) the July
11 1996 general wage increase, (2) the increase in
base pay for the discontinued differentials and (3)
the special salary adjustment:
D.A.I.A. - 14 - 1995-98 MOU
D.A. Inspector - Welfare Fraud (6KWF) '
D.A. Inspector-Project (6KW1 )
Current Range New Range
(C5 2038) (C5 2207)
Step 1 $3485 $4127
Step 2 $3659 $4333
Step 3 $3842 $4550
Step 4 $4035 $4777
Step 5 $4236 $5016
D.A. Sr. Inspector (6KVA)
D.A. Sr. Insp. - Welfare Fraud (6KVD)
D.A. Sr. Insp. - Welfare Fraud-Prof. (6KV2)
Current Range New Range
(C5 2184) (C5 2348)
Step 1 $4033 $4751
Step 2 $4234 $4989
Step 3 $4446 $5238
Step 4 $4668 $5500
Step 5 $4902 $5775
5.2 Entrance Salary. New employees shall generally
be appointed at the minimum step of the salary range
established for the particular class of position to which the
appointment is .made. However, the appointing authority
may fill a particular position at a step above the minimum of
the range.
5.3 Anniversary Dates. Except as may otherwise be
provided for in deep class resolutions, anniversary dates will
be set as follows:
D.A.I.A. - 15 - 1995-98 MOU
'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 5.3.A above.
C. Demotions. The anniversary date of a demoted
employee is the first day of the calendar month
after the calendar month when the demotion was
effective.
d. Transfers, Reallocations and Reclassifications..
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 salaryrange or to a
salary range which is within five percent (5%) of
the top step of the previous classification, remains
unchanged.
e. Reemployments. The anniversary of an employee
appointed from a reemployment list to the first step
of the applicable salary range and not required to
serve a probation period is determined in the same
way as the anniversary date is determined for a
new employee who is appointed the same date,
D.A.I.A. - 16 - 1995-98 MOU
classification and step and who then successfully ' F
completes the required probationary period.
r of this Section
f. Notwithstanding her of provisions visions 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.
g. The anniversary date of employees on leave from 0
their County position with or without pay, for more
than three (3) months shall be extended by the
appointing authority for a period of time equal to
the length of time on leave. This new date shall
become the employee's new anniversary date for
purposes of future salary reviews.
5.4 Increments Within Range. The performance of
each employee, except those of employees already at the
maximum salary step of the appropriate salary range, shall
be reviewed on 'the anniversary date as set forth in
Section 5.3 to determine whether the salary of the employee
shall be advanced to the next higher step in the salary
range. Advancement shall be granted on the affirmative
recommendation of the appointing authority, based on
satisfactory performance by the employee. The appointing
D.A.I.A. - 17 - 1995-98 MOU
- authority may recommend unconditional denial of the
increment or denial subject to one additional review at some
specified date before the next anniversary which must be set
at the time the original report is returned.
Except as herein provided, increments within range shall not
be granted more frequently than once a year, nor shall more
than one (1 ) step within-range increment be granted at one
time, except as otherwise provided in deep-class
resolutions. In case an appointing authority recommends
denial of the within range increment on some particular
anniversary date, but recommends a special salary review
at some date before the next anniversary the special salary
review shall not affect the regular salary review on. the next
anniversary date. Nothing herein shall be construed to
make the granting of increments mandatory on the County.
If the department verifies in writing that an administrative or
clerical error was made in failing to submit the documents
needed to advance an employee to the next salary step on
the first of the month when eligible't said advancement shall
be made retroactive to the first of the month when eligible.
5.5 Part-Time Compensation. A part-time employee
shall be paid a monthly salary in the same ratio to the full
time monthly rate to which the employee would be entitled
as a full time employee under the provisions of.this Section
5 as the number of hours per week in the employee's part-
time work schedule bears to the number of hours in the full
time work schedule of the department.
5.6 Compensation for Portion of Month. Any
employee who works less than any full calendar month,
except when on earned vacation or authorized sick leave,
shall receive as compensation for services an amount which
is in the same ratio to the established monthly rate as the
D.A.I.A. - 18 - 1995-98 MOU
number of days worked is to the actual working days in such '
employee's normal work schedule for the particular month;
but if the employment is intermittent, compensation shall be
on an hourly basis.
5.7 Position Reclassification. An employee who is
an incumbent of a position which is reclassified to a class
which is allocated to the same range of the basic salary
schedule as is the class of the position before it was
reclassified, shall be paid at the same step of the range as
the employee received under the previous classification.
An incumbent of a position which is reclassified to a class
which is allocated to a lower range of the basic salary
schedule shall continue to receive the same salary as before
the reclassification, but if such salary is greater than the
maximum of the range of the class to which the position has
been reclassified, the salary of the incumbent shall be
reduced to the maximum salary for the new classification.
The salary of an incumbent of a position which is
reclassified to a class which is allocated to a range of the
basic salary schedule greater than the. range of the class of
the position before it was reclassified shall be governed by
the provisions of Section 5.9 - Salary on Promotion.
5.8 Salary Reallocation & Salary on Reallocation.
A. In a , general salary increase or decrease, an
employee in a class which is allocated to a salary
range above or below that to which it was pre-
viously 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
D.A.I.A. _ 19 - 1995-98 MOU
salary range with more steps to a range with fewer
steps or vice versa, the employee shall be
compensated at the step on the new range which
is in the same percentage ratio to the top step of
the new range as was the salary received before
reallocation to the top step of the old range, but in
no case shall any employee be compensated at
less than the first step of the range to which the
class is allocated.
B. In the event that a classification is reallocated from
a salary range with more steps to a salary range
with fewer steps on the salary schedule, apart from
the general salary increase or decrease described
in 5.8.A above, each incumbent,of a position in the
reallocated class shall be placed upon the step of
the new range which equals the rate of pay
received before the reallocation. In the event that
the steps in the new range do not contain the same
rates as the old range, .each incumbent shall be
placed at the step of the new range which is next
above the salary rate received in the old range, or
if the new range does not contain a higher step, at
the step which is next lower than the salary
received in the old range.
C. In the event an employee is in a position which is
reallocated to a different class which is allocated to
a salary range the same as above or below the
salary range of the employee's previous class, the
incumbent shall be placed at the step in the new
class which equals the rate of pay received before
reallocation. In the event that the steps in the
range for the new class do not contain the same
rates as the range for the old class, the incumbent
D.A.I.A. - 20 - 1995-98 MOU
shall be placed at the step of the new range which
, is next above the salary rate received in the old
range;, or if the new range does not contain a
higher step, the incumbent shall be placed at the
step which is next lower than the salary received in
the old range.
D. In the event of reallocation to a deep class, the
provisions of , the deep class resolution and
incumbent salary allocations, if any, shall .
supersede Section -5.8.
5.9 Salary on Promotion. Any employee who is
appointed to a position of a class allocated to a higher salary
range than the class previously occupied, except as
provided under Section 5.12 shall receive the salary in the
new salary range which is next higher than the rate received
before promotion. In the event this increase is less than five
percent (5%), the employee's salaryshall be adjusted to the
step in the new range which is at least five percent (5%)
greater than the next higher step; provided however that the
next step shall not exceed the maximum salary for the
higher class.
In the event of the appointment of a laid off employee from
the layoff list to the class from which the employee was laid
off, the employee shall be appointed at the step which the
employee had formerly attained in the higher class unless
such step results in a decrease, in which case the employee
is appointed to the next higher step. If however, the
employee is being promoted into a class allocated to a
higher salary range than the class from which the employee
was laid off, the salary on promotion will be calculated from
the highest step the employee .achieved prior to layoff.
D.A.I.A. - 21 - 1995-98 MOU
5.10 Salary on Involuntary Demotion. Any employee
who is demoted, except as provided under Section 5. 12,
shall have his/her salary reduced to the monthly salary step
in. the range for the class of position to which he has been
demoted next lower than the salary received before
demotion. In the event this decrease is less than five
percent (5%), the employee's salary shall be adjusted to the
step in the new range which is five percent (5%) less than
the next lower step; provided, however, that the next step
shall not be less than the minimum salary for the lower
class.
Whenever the demotion is the result of layoff, cancellation
of positions or displacement by another employee with
greater seniority rights, the salary of the demoted employee
shall be that step on the salary range which he/she would
have achieved had he/she been continuously in the position
to which he/she has been demoted, all within-range
increments having been granted.
5.11 Salary on Voluntary Demotion. Whenever any
employee voluntarily demotes to a position in a class having
a salary schedule lower than that of the class from which
he/she demotes, his/her salary shall remain the same if the
steps in his/her new (demoted) salary range permit, and if
not, the new salary shall be set at the step next below
former salary.
5.12 Transfer. An employee who is transferred from
one position to another as described under "Transfer" shall
be placed at the step in the salary range of the new class
which equals the rate of pay received before the transfer. In
the event that the steps in the range for the new class do not
contain the same rates as the range for the old class, the
employee shall be placed at the step of the new range which
D.A.I.A. - 22 - 1995-98 MOU
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
salaryreceived in the old range. If the transfer is to a dee
g p
class, the provisions of the deep class resolution on salary
of transfers, if any, shall apply in lieu of the above
provisions.
5.13 Pay for Work in Higher Classification. When an
employee in a permanent position in the merit system is
required to work . in a classification for which the
compensation is greater than that to which the employee is
regularly assigned, the employee shall receive
compensation for such work at the rate_ of pay established
for the higher classification pursuant to Section 5.9 - Salary
on Promotion of this MOU, commencing on the thirty-first
(31st) work day of the assignment, under the following
conditions:
1 . The employee is assigned to a program, service,
or activity established by the Board of Supervisors
which is reflected in an authorized position which
has been classified and assigned to the Salary
Schedule.
2. The nature of the departmental assignment is such
that the employee in the lower classification
becomes fully responsible for the duties of the
position of the higher classification.
3. Employee selected for the assignment will normally
be expected to meet the minimum qualifications for
the higher classification.
D.A.I.A. - 23 - 1995-98 MOU
4. ' Pay for work in a higher classification shall not be
utilized as a substitute for regular promotional
procedures provided in this Memorandum.
5. The appropriate authorization form has been
submitted by the Department Head and approved
by the County Administrator.
6. Higher pay assignments shall not exceed six (6)
months except through reauthorization.
7. If approval is granted for pay for work in a higher
classification and the assignment is terminated and
later reapproved for the same employee within
thirty (30) days no additional waiting period will be
required.
8. Any incentives (e.g., the education incentive) and
S special differentials (e.g., bilingual differential)
accruing to the employee in his/her permanent
position shall continue, unless the employee is no
longer performing the duties which warrant the
differentials.
9. During the period of work for higher pay in a higher
classification, an employee will retain his/her
permanent classification, and anniversary and
salary review dates will be determined by time in
that classification.
10. -Allowable overtime pay, shift differentials and/or
work location differentials will be paid on the basis
of the rate of pay for the higher class.
D.A.I.A. - 24 - 1995-98 MOU
5.14 Payment. On the tenth (10th) day of each month,' '
the Auditor will draw a warrant upon the Treasurer in favor
of each employee for the amount of salary due the
employee for the preceding month; provided, however, that
each employee (except those paid on an hourly rate) may
choose to receive an advance on the employee's monthly
salary, in which case the Auditor shall, on the twenty-fifth
(25th) day of each month, draw his/her warrant upon the
Treasurer in favor of such employee.
The advance shall be in an amount equal to one-third (1/3)
or less (at the option of the employee) of the employee's
basic salary of the previous month except that it shall not
exceed the amount of the previous month's basic salary less
all requested or required deductions.
The election to receive an advance shall be made on the
prescribed form (form M-208, revised 5/81 ) and submitted
by the 15th of the month to the department payroll clerk who
will forward the card with the "Salary Advance
Transmittal/Deviation Report" to the Auditor-Controller
payroll section.
Each election shall become effective on the first day of the
month following the deadline for filing the notice and shall
remain effective until revoked.
In the case of an election made pursuant to this Section
5.14 all required or requested deductions from salary shall
be taken from the second installment, which is payable on
the tenth (10th) day of the following month.
D.A.I.A. - 25 - 1995-98 MOU
} SECTION 6 - DAYS AND HOURS OF WORK
The normal work week of County employees is forty (40)
hours between 12:01 a.m. Monday to 12:00 midnight
Sunday, usually five (5) eight-hour days; however, where
operational requirements of a department require deviations
from the usual pattern of five (5) eight-hour days per work
week, an employee's work hours may be scheduled to meet
these requirements, but his/her working time shall not
exceed an average of forty (40) hours per seven (7) day.
period.
SECTION 7 - OVERTIME AND COMPENSATORY TIME
7.1 Overtime. Overtime must be approved before it is
worked. Overtime is any authorized work performed in
excess of forty (40) hours per week or eight (8) hours per
day. All overtime shall be compensated for at the rate of
one and one-half (1 -1/2) times the employee's base rate of
pay (not including shift and other special differentials).
Overtime for permanent employees is earned and credited
in a minimum of one-tenth hour (6 minute) increments.
7.2 Compensatory Time. The following provisions
shall apply:
a. Employees may periodically elect to accrue
compensatory time off in lieu of overtime pay.
Eligible employees must notify the department
head or his designee of their intention to accrue
compensatory time off or to receive overtime pay
at least thirty (30) days in advance of the change.
D.A.I.A. - 26 - 1995-98 MOu
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., 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. Once the maximum balance , has been
attained, authorized overtime hours will be paid at
the overtime rate. If the employee's balance falls
below one hundred twenty (120) hours, the
employee shall again accrue compensatory time
off for authorized overtime hours worked until the
employee's balance again reaches one hundred
twenty (120) hours.
e. Accrued compensatory time off shall be carried
over for use in the next fiscal year; however, as
provided in d. above, accrued compensatory time
off balances may not exceed one hundred twenty
(120) hours.
f. Employees may not use more than one hundred
twenty (120) hours of compensatory time off in any
fiscal year period (July 1 - June 30)..
D.A.I.A. - 27 - 1995-98 MOU
g. The use of accrued-compensatory time off shall be
by mutual agreement , between the department
head or his designee and the employee.
Compensatory time off shall not be taken when the
employee would be replaced by another employee
who would be eligible to receive, for time worked,
either overtime payment or compensatory time
accruals as provided for in this Section. This
provision may be waived at the discretion of the
department head or his or her designee.
h. When an employee promotes, demotes or
transfers from one classification eligible for
compensatory time -off to another classification
eligible for compensatory time off within the same
department, the employee's accrued compensatory
time off balance will be carried forward with the
employee.
i Compensatory time accrual balances will be paid
off when an employee moves from one department
to another through promotion, demotion or transfer.
Said payoff will be made in accordance with the
provisions and salary of the class from which the
employee is promoting, demoting or transferring as
set forth in j. below.
j. Since employees accrue compensatory time off at
the rate of one and one-half (1-1/2) hours for each
hour of authorized . overtime worked, accrued
compensatory time balances will be paid off at the
straight time rate (two-thirds 2/3 the overtime rate)
for the employee's current salary whenever:
1 . the employee separates from County service;
D.A.I.A. - 28 - 1995-98 MOU
2. the employee retires.
k. The Office of the County Auditor-Controller will
establish timekeeping procedures to administer
this Section.
7.3 Court Appearance Overtime. The County agrees
to provide a minimum of three (3) hours overtime credit
when in the line of duty employees in the classes of District
Attorney Inspector and District Attorney Senior Inspector are
required to attend a duly constituted judicial proceeding on
his or her regularly scheduled day off.
SECTION 8 - PAGERS
Inspectors and Senior Inspectors are required to retain a
County-issued pager in his/her immediate possession at all
times, and keep it activated. Inspectors and Senior
Inspectors shall respond to the caller within ten (10)
minutes, or as soon as practical, after receiving the page.
SECTION 9 - ON-CALL/CALL BACK.
The Senior Inspector , will be on-call for one (1 ) week
intervals beginning at 0800 hours on a Wednesday and
continuing until 0800 hours the following Wednesday.
Investigative Unit Management will distribute and administer
an on-call rotation list. Inspectors and Senior Inspectors
shall keep their current home telephone number on file with .
the department and Investigative Unit Management. It is
each Inspector's and Senior Inspector's responsibility to
keep the information current.
D.A.I.A. - 29 - 1995-98 MOU
During the on-call interval, it is that Senior Inspector's
responsibility to arrange 'to be available to respond to the
caller within ten (10) minutes of being paged or telephoned
at home, work, or assigned cellular phone. The Senior
Inspector on-call shall personally respond to the incident
unless unavailable due to verifiable illness or emergency.
Management will review the legitimacy of each occurrence
of unavailability.
The Senior Inspector on-call shall be en route to the
location directed within thirty (30) minutes of being notified.
A County vehicle may be used and driven home during the
on-call interval, and must be used in compliance with the
County Vehicle Use Policy.
The Senior Inspector on-call shall be required to operate all
equipment designated for the on-call equipment bag and
shall be responsible for bringing the on-call equipment bag
to the call out location, maintaining an adequate level of
supplies, and ensuring the equipment is operable.
Employees subject to on-call/call back shall be governed by
the OFFICER INVOLVED FATAL INCIDENT PROTOCOL.
Inspectors of all classes, whether or not on-call, may be
called out to an incident after normal working hours, shall
respond timely to the location using their own vehicle, and
shall be reimbursed per Section 31 - Mileage of this MOU.
Any employee called out to an incident after normal work
hours shall receive overtime or compensatory time at the
rate of one and one-half (1 -'/2) hours for "actual hours
worked" plus one (1 ) hour. "Actual hours worked" is defined
as actual time the employee is required to.perform duties at
the incident. This time commences when the employee
D.A.I.A. - 30 - 1995-98 MOU
arrives at the location directed and ends when the employee
is no longer required to perform duties at the incident. Both
beginning and ending times shall be documented in the
employee's report of his/her activities at the incident.
SECTION 10 - SENIORITY, WORKFORCE REDUCTION,
LAYOFF & REASSIGNMENT
10.1 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 Association 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. 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).
D.A.I.A. - 31 - 1995-98 MOU
e. Review various alternatives which will help mitigate
the impact of the layoff by working through the
Tactical Employment Team program (TET) to:
I . Maintain an employee skills inventory bank to
be- used as a basis for referrals to other
employment opportunities.
2. Determine if there are other positions to which
employees may be transferred.
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
Labor Relations Manager that the Board of
Supervisors may take action which will result in the
layoff of employees in a representation unit, the
Labor Relations Manager shall notify the
Association of the possibility of such layoffs and
shall meet and confer with the Association
regarding the implementation of the action.
10.2 Separation Throuqh 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
D.A.I.A. - 32 - 1995-98 MOU
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 Lam. 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
r 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
D.A.I.A. - 33 - 1995-98 MOU
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 Human Resources
or designee retain their permanent full time
employee seniority rights for layoff purposes
S
only and may in a later layoff displace o full
time employee with less seniority as provided
in these rules.
E. Seniority. An employee's seniority within a class
for layoff and displacement purposes shall be
determined by adding the employee's length of
service in the particular class in question to the
employee's length of service in other classes at the
same or higher salary levels as determined by the
salary schedule in effect at the time of layoff.
Employees reallocated or transferred- without
examination from one class to another class
having a salary within five percent (5%) of the
former class shall carry the seniority accrued in the
former class into the new class. Employees
reallocated to a new deep class upon its initiation
D.A.I.A. - 34 - 1995-98 MOU
rity or otherwise reallocated to a deep class because
on the duties of the position occupied are
ary appropriately described in the deep class shall
call carry into the deep class the seniority accrued or
ge carried forward in the former class and seniority
accrued in other classes which have been included
in the deep class. Service for layoff and
-off displacement purposes includes only the
gay employee's last continuous permanent County
a employment. Periods of separation may not be
.ed W bridged to extend such service unless the
separation is a result of layoff in which case
bridging will be authorized if the employee is
of reemployed in a permanent position within the
period of layoff eligibility.
be 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
ng rights in the particular class in question, such ties
yes shall be broken by length of last continuous
for permanent County employment. If there remain
ties in seniority -rights, such ties shall be broken by
counting total time in the department in permanent
. to employment. Any remaining ties shall be broken by
►as random selection among the employees involved.
:he
Eligibility for Layoff List. Whenever any person
who has permanent status is laid off, has been
of displaced, has been demoted by displacement or
rity has voluntarily demoted in lieu of layoff or
er- displacement, or has transferred in lieu of layoff or
wn displacement, the person's name shall be placed
on the layoff list for the class of positions from
which that person has been removed.
OU A. - 35 - 1995-98 MOU
G. Order of Names on" Layoff. First, layoff lists shall
contain the names of persons laid off, displaced, or
demoted as a result of a layoff or displacement, or
who have voluntarily demoted in lieu of. layoff or
displacement or who have transferred in lieu of
layoff or displacement. Names shall be listed in
order of layoff seniority in the class from which laid
off, displaced, demoted or transferred on the date
of layoff, the most senior person listed first. In case
of ties in seniority, the seniority rules shall apply
except that where there is a class seniority tie
between persons laid off from different
departments, the tie(s) shall be broken by length of
last continuous permanent County employment
with remaining ties broken by random selection
among the employees involved.
H. Duration of Layoff and Reemployment Rights. The
name of any person granted reemployment
privileges shall continue on the appropriate list for
a period of two (2) years. Persons placed on layoff
lists shall continue on the appropriate list for a
period of four (4) years.
I. Certification .of Persons From Layoff Lists. Layoff
lists contain the name(s) of person(s) laid off,
displaced or demoted by displacement or volun-
tarily demoted in lieu of layoff or who 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
D.A.I.A. - 36 - 1995-98 MOU
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 Human Resources may
remove the name of any eligible from a
reemployment or layoff list for any reason listed
below.
1 . For any cause stipulated in Section _404.1 of
the Personnel Management Regulations.
2. On evidence that the eligible cannot be
located by postal authorities.
3. On receipt of a statement from the appointing
authority or eligible that the eligible declines
certification or indicates no further desire for
appointment in the class.
4. If three (3) 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
Human Resources or the appointing authority
within ten (10) days to written notice of cer-
tification mailed to the person's last known
address.
D.A.I.A. - 37 - 1995-98 MOU
' r
6. If the person on the reemployment or layoff list
is appointed to another position in the same or
lower classification; the name of the person
shall be removed.
7. However, if the first permanent appointment of
a person on a layoff list is to a lower class
which has a top step salary lower than the top
step of the class from which the person was
laid off, the name of the person shall not be
removed from the layoff list. Any subsequent
appointment of such person from the layoff list
shall result in removal of that person's name.
K. Removal of Names from Reemployment and Layoff
Certifications. The Director of Human Resources
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.
10:3 Notice. The County agrees to give employees
scheduled for layoff at least ten (10) work days notice prior
to their last day of employment.
10.4 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).
D.A.I.A. - 38 - 1995-98 MOU
10.5 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.
SECTION - 11 HOLIDAYS
11 .1 Holidays Observed. The County will observe the
following holidays:
January 1 st, known as New Year's Day
Third Monday in January known as Dr. Martin Luther King, Jr. Day
Third Monday in February, known as President's Day
Last Monday in May, known as Memorial Day
July 4th known as Independence Day
First Monday in September, known as Labor Day
November 11th, known as Veterans Day
Fourth Thursday in November, known as Thanksgiving Day
Friday after Thanksgiving Day
December 25th, known as Christmas Day
D.A.I.A. - 39 - 1995-98 MOU
a t Y
Such other days as the Board of Supervisors may by
resolution designate as holidays.
Each full-time employee shall accrue two (2) hours of
personal holiday credit per month. Such personal holiday
time may be taken in increments of one-tenth (1/10) hour,
,and preference of personal holidays shall be given to
employees according to their seniority in their department as
reasonably as possible.
Permanent part-time employees shall receive personal
holiday credit in the same ratio to the personal holiday credit
given full-time employees as the number of hours per week
in the part-time employee's schedule bears to the number.of
hours in the regular full-time schedule.
Employees shall accrue their personal holiday credit during
months they are in pay status provided however that no
employee may accrue more than forty (40) hours of personal
holiday credit. On separation from County service, an
employee shall be paid for any unused personal holiday
credits at the employee's then current pay rate.
11 .2 Application of Holiday Credit. The following
provisions indicate how holiday credit is to be applied:
a. Employees on the five-day forty (40) hour Monday
through Friday work schedule shall be entitled to a
holiday whenever a holiday is observed pursuant
to the schedule cited above.
b. Employees on a work schedule other than Monday
through Friday shall be entitled to credit for any
holiday, whether worked or not, observed by
employees on the regular schedule; conversely,
D.A.I.A. - 40 - 1995-98 MOU
such employees will not receive credit for any
holiday not observed by employees on the regular
schedule even though they work the holiday.
C. Employees will be paid one and one-half (1 -'/2)
times their basic salary rate for holidays actually
worked.
The purpose of this plan is to equalize holidays between
employees on regular work schedules and those on other
work schedules.
If a holiday falls on the days off of an employee on a
schedule other than Monday through Friday, the employee
shall be given credit for overtime or granted time off on the
employee's next scheduled work day. Employees who are
not permitted to take holidays because of the nature of their
work are entitled to overtime pay as specified by this MOU. S
If any holiday listed in Section 11 .1 above falls on a
Saturday, it shall be celebrated on the preceding Friday. If
any holiday listed in Section 11 .1 falls on a Sunday, it shall
be celebrated on the following Monday.
11 .3 Permanent Part-Time Employees. Permanent
part-time employees shall receive holiday credit in the same
ratio to the holiday credit given full-time employees as the
number of hours per week in the part-time employee's
schedule bears to the number of hours in the regular full-
time schedule, regardless of whether the holiday falls on the
part-time employee's regular work day: 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 eight (8)
hours.
D.A.I.A. - 41 - 1995-98 MOU
SECTION 12 VACATION LEAVE
12.1 Vacation Allowance. - Employees in permanent
positions are entitled to vacation with pay. Accrual is based
upon straight time hours of working time per calendar month
of service and begins on the date of appointment to a per-
manent position. Increased accruals begin on the first of the
Month following the month in which the employee qualifies.
Accrual for portions of a month shall be in minimum
amounts of one (1) hour calculated on the same basis as for
partial month compensation pursuant to Section 5.6 of this
MOU. Vacation credits may not be taken during the first six
(6) months of employment (not necessarily synonymous with
probationary status) except where sick leave has been
exhausted; and none shall be allowed in excess of actual
accrual at the time vacation is taken.
• 12.2 Vacation Accrual Rates. All employees in the
bargaining unit are entitled to the following vacation
accruals:
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 thru 19 years 13-1/3 320
20 thru 24 years 16-2/3 400
25 thru 29 years 20 480
30 years and up 23-1/3 560
D.A.I.A. - 42 - 1995-98 MOU
12.3 Accrual Durinq Leave With 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.
12.4 Vacation Allowance for Separated Employees.
On separation from County service, an employee shall be
paid for any unused vacation credits at the employee's then
current pay rate.
12.5 Accrual on Prorated Basis. Employees in
permanent part-time and permanent-intermittent positions
shall accrue vacation benefits on a prorated basis as
provided in Resolution 81/1165, Section 32-2.006.
12.6 Vacation Leave on Reemployment from a Layoff
List. Employees with six (6) 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 (6) months tenure in a permanent position for the
purpose of vacation leave. The appointing authority or
designee will advise the Auditor-Controller's Payroll Unit in
each case where such vacation is authorized so that
appropriate payroll system override actions can be taken.
SECTION 13 - SICK LEAVE
13.1 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
D.A.I.A. - 43 - 1995-98 MOu
as authorized; it is not paid time off which employees may
use for personal activities.
13.2 Credits to and Charges Against Sick Leave.
Sick leave credits accrue at the rate of eight (8) working
hours credit for each completed month of service, as
prescribed by County Salary Regulations. Employees who ,
work a portion of a month are entitled to a pro rata share of
the monthly sick .leave credit computed on the same basis
as is partial month compensation.
Credits to and charges against sick leave are made in
minimum amounts of one-tenth hour (6 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
canceled, unless the separation results from layoff, in which
case the accumulated credits. shall be restored if
reemployed in a permanent position within the period of lay
off eligibility.
As of the date of retirement, an employee's accumulated
sick leave is converted to retirement on the basis of one (1 )
day of retirement service credit for each day of accumulated
sick leave credit.
13.3 Policies Governing the Use of Paid Sick Leave.
As indicated above, the primary purpose of paid sick leave
is to ensure employees against loss of pay for temporary
absences from work due to illness or injury. The following
i definitions apply:
D.A.I.A. - 44 - 1995-98 MOU
Immediate Family means and includes only the spouse, son,
stepson, daughter, stepdaughter, father, stepfather, mother,
stepmother, brother, sister, grandparent, grandchild, 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.
Employee means any person employed by Contra Costa
County in an allocated position in the County service.
Paid Sick Leave Credits means those 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.
nstances:a. Temporary I.Ilness or Injury of an Employee. Paid
sick leave credits may be used when the employee
is off work because of a temporary illness or injurj.
b. Permanent Disability Sick Leave. Permanent
disability means the employee suffers from a
disabling physical injury or illness and is thereby
D.A.I.A. - 45 - 1995-98 MOU
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 thirty (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,
D.A.t.A. - 46 - 1995-98 MOU
childbirth, or recovery therefrom, shall be allowed
to utilize sick leave credit to the maximum accrued
by such employee during the period of such
disability under the conditions set forth below:
1 . Application for such leave must be made by
the employee to the appointing authority
accompanied by a written statement of
disability ' from the employee's attending
physician. The statement must address itself
to the employee's general physical condition
having considered the nature of the work
performed by the employee; and it must
indicate the date of the commencement of the
disability as well as the date the physician
anticipates the disability to terminate.
2. If an employee does not apply for leave and
the appointing authority believes that the
employee is not able to properly perform her
work or that her general health is impaired due
to disability caused or contributed to by
pregnancy, miscarriage, abortion, childbirth or
recovery therefrom the employee shall be
required to undergo a physical examination by
a physician selected by the County. Should
the medical report so recommend, a
mandatory leave shall be 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
D.A.I.A. - 47 - 1995-98 MOU
and the projected dates of the employee's
recovery from such disability.
e. Medical & Dental Appointments. An employee may
use paid sick leave credits:
1 . For working time used in keeping medical and
dental appointments for the employee's own
care; and
2. For, working time used by an employee for
prescheduled medical. and dental
appointments for an immediate family
member.
f. Emergency Care of Family. An employee may use
paid sick leave credits for working time used in
cases of illness or injury to. an immediate family
member:
g. Death of Family Member. An employee may use
paid sick leave credits for working time used
because of a death in the employee's immediate
family, but this shall not exceed three (3) working
days, plus up to two (2) days of work time for
necessary travel.
h. Accumulated paid sick leave credits may not be
used in the following situations:
1 . Vacation. Paid sick leave credits may not be
used for an employee's illness or injury which
occurs while he is on vacation but the County
Administrator may authorize it when
D.A.I.A. - 48 - 1995-98 MOU
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.
13.4 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
Investigative Unit chain of command of any
sick leave ,absence at the time sick leave is
taken � during the work .day or prior to the
commencement of their work shift or as soon
thereafter as possible when unable to report to
work due to sick leave use. Notification shall
include the reason and possible duration of
the absence. Any departmental notification
beyond the Investigative Unit chain of
command will be the Investigative Unit chain
of command's responsibility.
2. Employees. are responsible for keeping their
Investigative Unit chain of command informed,
on a continuing basis, of their condition ar.d
probable date of return to work.
3. Employees are responsible for obtaining
p g
advance approval for the scheduled time of
D.A.I.A. - 49 - 1995-98 MOU
pre-arranged personal or .family medical and
dental appointments by completing, signing
and submitting an Absence/Overtime Record
to the Investigative Unit chain of command in
advance of the pre-scheduled appointments.
Whenever possible, scheduled medical and
dental appointments shall be scheduled at
either the beginning or end of the shift so as to
minimize time lost from work.
4. It is the employee's responsibility 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.
5. Employees are responsible for documenting
all sick leave use by completing, signing, and
submitting an Absence/Overtime Record to
their Investigative Unit chain of command
immediately upon returning to work.
6. The use of sick leave may be denied if these
procedures are not followed. Abuse of sick
leave on the part of the employee is cause for
disciplinary action.
b. Department Responsibilities.
1 . The use of sick leave may be denied by the
department or the department head's
designee if these procedures are not followed.
D.A.I.A. - 50 - 1995-98 MOU
To ascertain the propriety of claims against
sick leave, the department head or designee
may make reasonable inquiries, including
medical verification, about an employee's
scheduled or unscheduled sick leave_
absences.
Inquiries may be made in the following ways:
a. 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 13.4.a.4.
b. 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.
c. Obtaining the employee's written
statement of ' explanation regarding the
sick leave claim.
d. 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.
D.A.I.A. - 51 - 1995-98 MOU
` e. 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
Human Resources Director or designated
management staff of the County Human
Resources Department should be contacted
with respect Jo sick leave determinations
about which the department is in doubt.
13.5 . .- Disability.
A. An employee physically or mentally incapacitated
for the performance of duty is subject to dismissal,
suspension or demotion, subject to the County
Employees Retirement Law of 1937. An appointing
authority after giving notice may place an
employee on leave if the appointing authority has
filed an application for disability retirement for the
employee, or whom the appointing authority
believes to be temporarily or permanently
D.A.I.A. - 52 - 1995-98 MOU
ti
physically or mentally incapacitated for the perfor-
mance of the employee's duties.
B. An appointing authority who has reasonable cause
to believe that there are physical or mental health
conditions present in an employee which endanger
the health or safety of the employee, other
employees, or the public, or which impair the
employee's performance of duty, may order the
employee to undergo at County expense and on
the employee's paid time, a physical, medical
and/or psychiatric examination by a licensed
physician or psychologist and receive a report of
the findings on such examination. If the examining
physician or psychologist 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 Human Resources Director may order
lost pay restored for good cause and subject to the
employee's duty to mitigate damages.
D. Before an employee returns to work from any
absence for illness or injury, other leave of
absence or disability leave, exceeding two weeks
in duration, the appointing authority may order the
D.A.I.A. - 53 - 1995-98 MOU
employee to undergo at County expense a
physical, medical, and/or psychiatric examination
by a licensed physician- or psychologist, and may
consider a report of the findings on such
examination. If the report shows that such
employee is physically or mentally incapacitated
for the performance of duty, the appointing
authority may take such action as he deems
necessary in accordance with appropriate .
provisions of this MOU.
E. Before an employee is placed on an unpaid leave
of absence or suspended because of physical or
mental incapacity under (A) or (B) above, the
employee shall be given notice of the proposed
leave of absence or suspension by letter or
memorandum, delivered personally or by certified
mail, containing the following:
1 . a statement of the Leave of absence or
suspension proposed;
2. the proposed dates or duration of the leave or
suspension which may be indeterminate until
a certain, physical or mental health condition
has been attained by the employee;
3. a statement of the basis upon which the action
is being taken;
4. a statement that the employee may review the
materials upon which the action is taken;
5. a statement that the employee has until a
specified date (not less than seven (7) work
D.A.I.A. 54 -
1995-98 MOU
days from personal delivery or mailing of the
notice) to respond to the appointing authority
orally or in writing.
F. Pending response to the notice the appointing
authority for cause specified in writing may place
the employee on a temporary leave of absence,
with pay.
G. The employee to whom the notice has been
delivered or mailed shall have seven (7) work days
to respond to the appointing authority either orally
or in writing , before the proposed action may be
taken.
H. After having complied with the notice requirements
above, the appointing authority may order the
leave of absence or suspension in writing stating
specifically the basis upon which the action is
being taken, delivering the order to the employee
either personally or by certified mail, effective
either upon personal delivery or deposit in the U.S.
Postal Service.
I. An employee who is placed on leave or suspended
under this section may, within ten (10) calendar
days after personal delivery or mailing to the
employee of the order, appeal the order in writing
through the Director of Human Resources to the
Merit Board. Alternatively, the employee may file
a written election with the Director of Human
Resources waiving the employee's right to appeal
to the Merit Board in favor of appeal to a Disability
Review Arbitrator.
D.A.I.A. - 55 - 1995-98 MOU
J. 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 perfor-
mance 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
Human Resources to the Merit Board for hearing
under the Merit Board's Procedures, Section 1114-
1128 inclusive. Medical reports submitted in
evidence in such hearings shall remain confidential
information and shall 'not be a part of the public
record.
L. If the appeal is to a Disability Review Arbitrator, the
employee (and his representative) will meet with
the County's representative to mutually select the
Disability Review Arbitrator, who may be a de facto
arbitrator, or a physician, or a rehabilitation
specialist, or some other recognized specialist
mutually selected by the parties. The arbitrator
shall hear and review the evidence. The decision
of the Disability Review Arbitrator shall be binding
on both the County and the employee.
D.A.I.A. - 56 - 1995-98 MOU
Scope of the Arbitrator's Review.
a. The arbitrator may affirm, modify or revoke the
leave of absence or suspension.
b. The arbitrator may make his decision based
only on evidence submitted by the County and
the employee.
c. The arbitrator may order back pay or paid sick
leave credits for any period of leave of
absence or suspension if the leave or
suspension is found not to be sustainable,
subject to the employee's duty to mitigate
damages.
d. The arbitrator's fees and expenses shall be
paid one-half by the County and one-half by
the employee or employee's association.
13.6 Workers' Compensation.
A. State Labor Code 4850 Pay. Law enforcement
officers as defined in State Labor Code 4850 who
are members of the Contra Costa County
Retirement System continue to receive full salary
benefits in lieu of temporary disability during any
absence from work which qualifies for workers'
compensation benefits.
Currently, the maximum 4850 pay is one (1 ) year
for any injury or illness. To be eligible for this
benefit the employee must be under the care of a
physician. All 4850 pay shall be approved by the
D.A.I.A. - 57 - 1995-98 MOU
• 11
County Administrator's Office, Risk Management
Division.
B. Sick Leave and Vacation. Sick leave and vacation
shall accrue in accordance with the provision of
State Labor Code 4850.
C. 4850 Pay Beyond One Year. If an injured
employee remains eligible for workers'
compensation temporary disability benefits beyond
one (1 ) year, full salary will continue by integrating
sick leave and/or vacation ,accruals with workers'
compensation benefits (use of vacation accruals
must be approved by the department __and the
employee). If salary integration is no longer
available because accruals are exhausted,
workers' compensation benefits will be paid directly
to the employee as prescribed by workers'
compensation laws.
D. Rehabilitation Integration. An injured employee
who is eligible for workers' compensation
rehabilitation temporary disability benefits and who
has exhausted 4850 pay eligibility will continue to
receive full salary by integrating sick leave and/or
vacation accruals with workers' compensation
rehabilitation temporary disability benefits. When
these accruals are exhausted, the rehabilitation
temporary disability benefits will be paid directly to
the employee as prescribed by workers'
compensation laws.
E. Health Insurance. The County contribution to the
employee's group insurance plan(s) continues
durin.g the 4850 pay period and during integration
D.A.I.A. - 58 - 1995-98 MOU
of sick leave or vacation with workers'
compensation benefits.
F. Integration Formula. An employees 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 hrs.)
W = Statutory workers' compensation for a month
S = Monthly salary
G. Medical Examinations. Whenever possible,
medical exams or follow-up medical appointments
for job-related illness or injury scheduled during
work hours will be at the beginning or end of the
employee's shift so as to minimize time lost from
work.
13.7 Integration of SDI. On May 26, 1981 the Board of
Supervisors established a labor-management committee to
administer a rehabilitation program for disabled County
employees. It is understood that the benefits specified
above in this Section 13 shall be coordinated with any
disabled employee's rehabilitation program.
13.8 Accrual During Leave Without Pay. No employee
who has been granted a leave without pay or an unpaid
military leave shall accrue any sick leave credits during the
time of such leave nor shall an employee who is absent
without pay accrue sick leave credits during the absence.
D.A.I.A. - 59 - 1995-98 MOU
SECTION 14 - LEAVE OF ABSENCE
14.1 Leave Without Pay. Any employee who has
permanent status in the classified service may be granted a
leave of absence without pay upon written request,
approved by the appointing authority; provided, however,
that leaves for pregnancy, pregnancy disability, serious,
health conditions, and family care shall be granted in
accordance with applicable state and federal law.
14.2 General Administration - Leaves of Absence.
Requests for leave without pay shall be made upon forms
prescribed by the Director of Human Resources 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 up to one
(1 ) year 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.
D.A.I.A. - 60 - 1995-98 MOU
B. An employee should request a leave of absence at
least thirty (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 a leave
of absence arises.
C. An 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.
14.3 Family Care or Medical Leave.
A. Definitions. For medical and family care leaves of
absence under Section 14, the following definitions
apply:
1 . Child: A biological, adopted, or foster child,
stepchild, legal ward, conservatee, or a child
who is under eighteen (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.
2. Parent: A biological, foster, or adoptive parent.
a stepparent, legal guardian, conservator, or
other person standing in loco parentis to a
child.
D.A.I.A. - 61 - 1995-98 MOU
3. Spouse: A partner in marriage as defined in
California Civil Code Section 4100.
4. 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.
5. Serious Health Condition: An illness, injury,
impairment, or physical or mental condition
which 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) and which, for family
care leave only, warrants the participation of a
family member to provide care during a period
of treatment or supervision, as defined by
state and federal law.
6. 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:
a. the date, if known, on which the serious
health condition commenced;
b. the probable duration of the condition;
D.A.I.A. - 62 - 1995-98 MOU
c. an estimate of the amount of time which
the employee needs to render care or
supervision;
d. a statement that the serious health
condition warrants the participation of a
family member to provide care during
period of treatment or supervision;
e. if for intermittent leave or a reduced work
schedule leave, the certification should
indicate that the intermittent leave or
reduced work schedule leave is
necessary for the care of the individual or
will assist in their recovery, and its
expected duration.
7. 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:
a. the date, if known, on which the serious
health condition commenced;
b. the probable duration of the condition;
c. a statement that the employee is unable
to perform the functions of the
employee's job,
d. if for intermittent leave or a reduced work
schedule leave, the certification should
D.A.I.A. - 63 - 1995-98 MOU
indicate the medical necessity for the
intermittent leave or reduced work
schedule leave and its expected duration.
8. 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.
B. Section 14.2 notwithstanding, upon request to the
appointing authority, in each calendar year any
employee who has permanent status shall be
entitled to, and shall be granted, at least eighteen
(18) weeks leave (less if so requested by the
employee) for:
1 . 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
2. 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.
D.A.I.A. - 64 - 1995-98 MOu
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.
C. Intermittent Use of Leave. The eighteen (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 eighteen (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 14.613 below. When paid leave accruals are
used for a medical or family care leave, such time shall
be counted as a part of the eighteen (18) week
entitlement.
D. Aggregate Use for Spouse. In the situation where
husband and wife are both employed by the
County, the family care or medical leave
entitlement based on the birth, adoption or foster
care of a child is limited to an aggregate for both
employees together of eighteen (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.
14.4 Pregnancy Disability Leave. Insofar as pregnancy
disability leave is used under Section 13.2.D (Sick Leave
Utilization for Pregnancy Disability), that time will not be
D.A.I.A. - 65 - 1995-98 MOU
considered a part of the eighteen (18) week family care
leave period.
14.5 Group Health Plan Coverage.
A. During Leave of Absence. 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
14.6. 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.
B. During Medical or Family Care Leave. During the
eighteen (18) weeks of an approved medical or
family care leave under Section 14.3 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 14.6. 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.
14.6 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 at least 0. 1 hour of available
D.A.I.A. - 66 - 1995-98 MOU
t
sick leave (if so entitled under Section 13 - 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 SDI/Sick Leave
Integration.
B. Family Care or Medical Leave (FMLA). During the
eighteen (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 13 - 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. Sick leave accruals may not be used during any
leave of absence, except as allowed under Section
13 - Sink Leave.
14.7 Military Leave. Any employee 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
D.A.I.A. - 67 - 1995-98 MOU
honorable discharge, the employee shall be entitled to
return to his/her position in the classified service provided
such still exists and the employee is otherwise qualified,
without any loss of standing of any kind whatsoever.
An .employee who has been granted a military leave shall
not, by reason of such absence, suffer any loss of vacation,
holiday, or sick leave privileges which may be accrued at the
time of such leave, nor shall the employee be prejudiced
thereby with reference to salary adjustments or continuation
of employment. For purposes of determining eligibility for-
salary adjustments or seniority in case of layoff or
promotional examination, time on military Leave shall be
considered as time in County service.
Any employee who has been granted a military leave, may
upon return, be required to furnish such evidence of
performance of military service or of honorable discharge as
the Director of Human Resources may deem necessary.
14.8 Return From Leave of Absence.
A. Early Return. 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 (15) days in advance of the
proposed early return provided, however, that less
notification may be approved at the discretion of
the appointing authority or his/her designee. Early
return is subject to prior approval by the appointing
authority. The Human Resources Department shall
be notified promptly of such return.
D.A.I.A. - 68 - 1995-98 MOU
' t
B. Leave of Absence 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.
C. Leave of Absence Replacement. In case of
severance from service or displacement by reason
of the reinstatement of a permanent employee
returning from a leave of absence, the provisions
of Section 10 , (Seniority, Workforce Reduction,
Layoff, & Reassignment Seniority) shall apply.
D. Reinstatement From Family Care or Medical Leave
of Absence. 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 ninety (90)
work days of leave from the initial date of a
continuous leave, including use of accruals, or
within the equivalent on an alternate work
schedule. A full time employee taking an
intermittent or reduced work schedule leave shall
be reinstated to the same or comparable position
if the return to work on a full schedule is after no
more. than 720 hours, including use of accruals, of
intermittent or reduced work schedule leave. At
the time the original leave is approved, the
appointing authority shall notify the employee in
writing of the final date to return to work, or the
maximum number of hours of leave, in order to
guarantee reinstatement to the same or
comparable position. An employee on a schedule
D.A.I.A. - 69 - 1995-98 MOU
other than 5/40 shall have the time frame for
reinstatement to the same or comparable position
adjusted on a pro rata basis.
14.9 Appeal of Denial. The decision of the appointing
authority on granting or denying leave or early return from
leave shall be subject to appeal to the Director of Human
Resources and not subject to appeal through the grievance
procedure set forth in this MOU.
14.10 Salary Review While on Leave of Absence. The
salary of an employee who is on leave of absence from a
County position on any anniversary date and who has not
been absent from the position on leave without pay more
than six (6) months during the preceding year shall receive
salary increments that may accrue to them during the period
of military leave.
14.11 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.
14.12 Furlough Days Without Pax. 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 fifteen
(15) calendar days for any one period. Longer pre-
authorized absences without pay are considered leaves of
absence without pay. - Employees who take furlough time
shall have their compensation for the portion of the month
worked computed in . accord with Section 5.6 -
D.A.I.A. - 70 - 1995-98 MOU
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 Sections 12.4, 13.2, 13.8 and 14.1 of this MOU
regarding the computation of vacation,, sick leave, floating
holiday and other accrual credits as regards furlough time
only. For payroll purposes, furlough time (absence without
pay with prior authorization of the appointing authority) shall
be reported separately from other absences without pay to
the Auditor-Controller.
SECTION 15 - JURY DUTY AND WITNESS DUTY
Jury Duty. For purposes of this Section, jury duty shall be
defined as any time an employee is obligated to report to the
court.
1 . When called for jury duty, County employees, like
other citizens, are expected to discharge their jury
duty responsibilities.
2. Employees shall advise their department. as soon
as possible if scheduled to appear for jury duty.
3. If summoned for jury duty in a Municipal, Superior,
or Federal Court, or a Coroners jury, employees
may remain in their regular County pay, status, or
they may take paid leave (vacation, floating
holiday, etc.) or leave without pay and retain all
fees and expenses paid to them.
D.A.I.A. - 71 - 1995-98 MOU
i
4. When an employee- 1s summoned for jury duty
selection or is selected as a juror in a Municipal,
Superior or Federal Court, employees may remain
in a regular pay status if they waive all fees (other
than mileage), regardless of shift assignment and
the following, shall apply:
a. If an employee elects to remain in a regular
pay status. and waive or surrender all fees
(other than mileage), the employee shall
obtain from the Clerk or Jury Commissioner a
certificate indicating the ,days attended and
noting that fees other than mileage are waived
or surrendered. The employee shall furnish
the certificate to his department where it will
be retained as a department record. No
"Absence/Overtime Record" is required.
b. An employee who elects to retain all fees must
take leave (vacation, floating holiday, etc.) or
leave without pay. No court certificate is
required but an "Absence/Overtime Record"
must be submitted to the department payroll
clerk.
5. Employees are not permitted to engage in any
employment regardless of shift assignment or
occupation before or after daily jury service that
would affect their ability to properly serve as jurors.
6. An employee on short notice standby to report to
court, whose job duties make short notice
response impossible or impractical, shall be given
alternate work assignments for . those days to
D.A.I.A. - 72 - 1995-98 MOu
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.
Witness Duty. Employees called upon as a witness or an
expert witness in a case arising in the course of their work
or the work of another department may remain in their
regular pay status and turn over to the County all fees and
expenses paid to them other than mileage allowance or they
may take vacation leave or leave without pay and retain all
fees and expenses.
Employees called to serve as witnesses in private cases or
personal matters (e.g., accident suits and family relations)
shall take vacation leave or leave without pay and retain all
witness fees paid to them.
Retention or waiver of fees shall be governed by the same
provisions as apply to jury duty as set forth in Section 16 of
this MOU.
Employees shall advise their department as soon as
possible if scheduled to appear for witness duty. . Permanent
D.A.I.A. - 73 - 1995-98 MOU
intermittent employees are entitled to paid witness duty only
for those days on which they were previously scheduled to
work.
SECTION 16 - :HEALTH AND WELFARE, LIFE AND
DENTAL CARE
16.1 Health/Dental Plan Contract Extension. The
County and DAIA agreed to extend all current health and
dental contracts through December 31 , 1.995 and renew all
contracts from January 1 , 1996 to December 31 , 1996 and
thereafter, pending implementation of the CaIPERS group
health benefits provided herein.
16.2 Health Plan. Effective January 1 , 1997 or as soon
thereafter as can be implemented, the County will substitute
for the existing health benefit contracts, as the exclusive
health benefits provided under this MOU, group health
benefits through the California Public Employees'
Retirement System (CaIPERS) for all permanent full-time
employees, and permanent part-time employees regularly
scheduled to work at least twenty (20) hours per week in
classes represented by DAIA. Open enrollment will be held
approximately sixty (60) days prior to the - date of
implementation. Thereafter, the CaIPERS program, as
regulated by the Public Employees' Medical and Hospital
Care Act (PEMHCA), will control on all issues, including but
not limited to eligibility, benefit levels and premium costs.
DAIA acknowledges that CaIPERS Health Plan program
benefits may not be equal to benefits previously available
to their represented employees, and Consolidated Omnibus
Budget Reconciliation Act COBRA counterparts through
9 (COBRA) p 9
D.A.I.A. - 74 - 1995-98 MOU
the various optional health programs previously offered by
Contra Costa County.
DAIA acknowledges that notwithstanding this MOU and
during the time that it is in effect, CalPERS may terminate or
change covered expenses, benefit payments, copayments
on covered benefits, deductibles, lifetime and/or annual
maximum limits and eligibility rules, and may implement cost
control measures as they deem appropriate.
16.3 Contra Costa Health Plan (CCHP). Because
CCHP has met the minimum -standards required • under
PEMHCA and is approved as an alternative CalPERS plan
option, DAIA members and COBRA counterparts may elect
to enroll in CCHP under the CalPERS plan rules and
regulations.
16.4 Health Plan Contribution. The County's contribution
to the CalPERS monthly health plan premiums for coverage
hereunder shall be as provided below. Any increase in the
Health Plan premium costs greater than the County's
contributions ,identified below occurring during the duration
of this MOU shall be borne by the employee_.
A. County's Contribution for 1997:
1 . Subvention rates for the purposes of open
enrollment in all PERS medical plans will be
the dollar equivalent of eighty percent (80%)
of the 1997 PERS Kaiser North premium at
each level, temployee only, employee + one,
employee + two or more).
D.A.I.A. - 75 - 1995-98 MOu
The following:*.' represents the County's
maximum monthly contribution for CalPERS
health plan ,premiums:
Employee only: $115.96
Employee + one: $231 .92
Employee + two or more: $301 .50
In the event, in whole or in part, that the above
amounts are greater than one hundred
percent (100%) of the applicable premium of
any plan, the County's contribution will not
exceed one hundred percent (100%) of the
applicable plan premium.
2. Following open - enrollment, the County will
determine the amount of savings, if any,
realized as a result of the transfer of
employees and retirees into PERS medical
plans. Such savings will be determined by
calculating the difference between the 1996
total cost of medical premiums for DAIA
bargaining unit employees and retirees, and
the 1997 cost of medical premiums for DATA
bargaining unit employees and retirees. The
County will meet and confer with DAIA
regarding how such savings will be distributed
towards reducing employees' health care
costs.
B. County's Contribution Rate Following
Determination of Savings. In 1997 and 1998, the
County's maximum contribution to medical
premiums at each level will be determined by
calculating the dollar equivalent of up to two
- 76 - 1995-98 MOU
percent (2%) increase in the previous year's
maximum contributions. However, no increase in
the County's maximum contribution will be made in .
any year in which the PERS Kaiser North premium
is not a higher amount than in the previous year.
16.5 Dental Program. The County will continue to offer
the existing County group Dental Plans (Delta and
Safeguard A & B) to all permanent employees in classes
represented by the DATA.
16.6 Dental Contribution. The County's contribution to
the monthly dental plan premiums shall be as provided
below. These contributions are provided only for permanent
full-time and permanent part-time employees regularly
scheduled to work at least twenty (20) hours per week.
Permanent-intermittent, provisional and permanent part-time
employees working less than twenty (20) hour per week may
enroll in a dental plan but'are not entitled to the County's
contribution. Any increases in dental plan costs greater than
the County's contributions identified below during the
duration of this shall be borne by the employee:
a. Delta and Safe_. uard A: County will contribute
seventy-seven percent (77%) toward the monthly
dental premium.
b. Safeguard B: County will contribute the same
contribution as Safeguard A not to exceed the total
premium of Safeguard B.
C. Dental Only: Employees who elect dental coverage
as stated above without health coverage will pay
one cent ($.01 ) per month for such coverage.
D.A.I.A. - 77 - 1995-98 MOU
16.7 Rate Information. The County Benefits Service
Unit will make dental plan rate information and, to the extent
possible, CalPERS health plan rate information available to
employees and departments upon request. In addition, the
County Benefits Service Unit will publish and distribute to
employees and departments information about rate changes
as they occur during the year.
16.8 Life Insurance Program, The County will continue
the existing County group $3000 Term Life Insurance Plan
for all permanent employees in classes represented by
DATA.
16.9 Life Insurance Contributions. The County will pay
the entire premium on behalf of permanent full-time and
permanent part-time employees regularly scheduled to work
at least twenty (20) hours per week who elect health and/or
dental coverage. Permanent-intermittent, provisional and
permanent part-time employees working less than twenty
(20) hours per week may participate in the Life Insurance
Plan at their full personal expense, which shall not exceed
the County's cost, provided they elect health and/or dental
coverage.
16.10 Premium Payments. Employee participation in any
health, dental, or life insurance plan is contingent upon the
employee authorizing payroll deduction by the County of the
employee's share of the premium cost. The County's
contribution to health plan and dental plan monthly
premiums are payable as follows:
a. CaIPERS Plan (Includes Alternate CCHP Plane.
The , County's contribution to the health plan
premium is payable one (1 ) month in advance. If
D.A.I.A. - 78 - 1995-98 MOU
an employee's compensation in any month is not
sufficient 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 solely with the employee.
b. Dental and Life Insurance Plans. The County's
contribution to the dental and life insurance
premium (as described in Sections 16.6 and 16.9)
is payable monthly. If an employee's compensation
in any month is not sufficient 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 solely with the employee.
16.11 Extended Coverage. An employee on approved
leave without pay shall be allowed to continue his/her
health/dental/Life insurance coverage provided that the
employee shall pay their share of the monthly premium
during said leave.
An employee not eligible for continued coverage may
convert to individual health plan coverage (if available) or
continue group coverage subject to the provisions of the
Consolidated Omnibus Budget Reconciliation Act (COBRA),
plus any administrative fees, for the option selected. The
entire cost of coverage shall be paid at the time and place
specified by CalPERS for health plans and by the County for
the dental plans.
An employee who terminates County employment is
covered through the last day of the month in which he/she
is paid for County dental plans and through the last day of
D.A.I.A. - 79 - 1995-98 MOU
the month following the month, of termination for CalPERS
plans. Employees who terminate County employment may
continue Group Health/Dental plan coverage to the extent
provided under the COBRA regulations.
16.12 Retirement Coverage. Upon retirement,
employees may, subject to plan requirements, 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.
- Pursuant to CalPERS regulations, employees enrolled in the
CalPERS alternative plan (CCHP) at the time of retirement
are permanently precluded from enrolling in any other
CalPERS or County health plan.
16.13 Dual Coverage.
A. CalPERS Health Plan. 'Employee'
mployees must adhere to
the rules as established by CaIPERS.
B. Dental Plans.
1 .. In the event either of a husband or wife, who
both work for the County, becomes ineligible
for coverage, the remaining eligible member
.shall be allowed to (a) enroll in a dental plan,
if not currently enrolled, or (b) add the spouse
and or dependent(s) to their existing plan
coverage provided they do so within thirty (30)
days of the date coverage is no longer
afforded under the spouse's plan.
D.A.I.A. _ 80 - 1995-98 MOU
2. In the event a spouse who does not work for
the County becomes ineligible for coverage,
the County employee shall be allowed to
enroll in a dental plan, if not currently
enrolled, or add the spouse and or
dependent(s) to their existing .plan coverage
provided they do so within thirty (30) days of.
the date coverage is no longer afforded under
the spouse's plan and evidence of the
termination of coverage is provided by the
spouse's employer.
16.14 Health Care Spendinq Account. Effective January
11 1997, the County will offer regular full-time and .part-time
(20/40 or greater) County employees the option to
participate in a Health Care Spending Account (HCSA)
Program designed to qualify for tax savings under Section
125 of.the Internal Revenue Code, but such savings. are not
guaranteed. The HCSA Program allows employees 9 to set g
aside a pre-determined amount of "money from their
paycheck, not to exceed $2400 per year, for health care
expenses not reimbursed by any other health benefits plan
with before-tax dollars. HCSA dollars can be expended on
any eligible medical expenses allowed by Internal Revenue
Code Section. 125. Any unused balance cannot be
recovered by the employee.
The County will continue to offer employees the option to
participate in the existing Countywide DCAP and premium
conversion programs.
16.15 Wellness Incentive. Wellness Incentive Program.
A broad-based pilot Wellness Incentive Program will be
developed with input from the joint Labor/Management
Wellness Committee. The purpose of this program will be
D.A.I.A. - 81 - 1995-98 MOU
to reward County employees with incentives for participating
in Wellness Program activities and encourage them to live
healthier lifestyles. The Wellness Committee will work
closely with the Human Resources Department on program
design and implementation.
A. Proqram Design. The Wellness Incentive Program
design will include the development of additional wellness
activities to compliment the current Employee Wellness
Program - schedule and collaboration with health plan
carriers to develop special programs and activities for
County employees and to encourage participating in their
established wellness activities. Special emphasis will be
placed on supporting major programs such as .Smoking
Cessation, Nutrition/Weight Loss, Brown Bag Seminars,
Health Screenings, a,nd Health Fairs.
B. Format. A point value system for program
participation will be developed wherein each wellness
activity and program will be assigned a point value. Points
will accumulate and incentive prizes will be awarded to
employees upon realizing certain point levels. The value of
the prizes will increase with higher point values and one (1 )
grand prize will be awarded each year to the employee with
the highest number of points.
C. Incentives. A series of incentive prizes will be
assigned to certain point values. In addition, recognition for
employee and department participation will be an important
aspect of the Wellness Incentive Program.
D. Referral. The parties agree to refer the Wellness
Incentive Program to the Wellness Committee for its
consideration.
D.A.I.A. - 82 - 1995-98 MOU
16.16 PERS Long Term Care. The County proposes to
deduct and remit monthly premium and eligible lists to the
PERS Long Term Care Administrator, at no County
administrative cost, for County employees who are eligible
and voluntarily elect to purchase long term care through the
PERS Long Term Care Program.
The County further agrees that County employees interested
in purchasing PERS Long Term Care may participate in
meetings scheduled by PERS. Long Term Care on County
facilities during non-work hours (i.e. coffee breaks, lunch
hour).
SECTION 17 - PROBATIONARY PERIOD
17.1 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.
17.2 Probation Periods Over Six Months. Listed
below are those classes represented by the Association
which have probation periods in excess of six (6) months:
D.A. Inspector - One (1 ) year
D.A. Sr. Inspector - One (1 ) year
17.3 Revised Probationary Period. When the
probationary period for a class is changed, only new
appointees to positions in 'he classification shall be subject
to the revised probationary period.
D.A.I.A. - 83 - 1995-98 MOU
17.4 Length of Probationary Period. The probationary
period shall commence from the date of appointment. It shall
not include time served in provisional or temporary
appointments or any period of continuous absence
exceeding fifteen (15) calendar days, except as otherwise
provided in the Personnel Management Regulations or by
law.
For those employees appointed to permanent-intermittent
positions with a six (6) months probation period, probation
will be considered completed upon serving one-thousand
(1 ,000) hours after appointment except that in no instance
will 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.
17.5 Rejection During Probation. An employee who
is rejected during the probation period and restored to the
eligible list shall begin a new probationary period if
subsequently certified and appointed.
A. Appeal from rejection. Notwithstanding any other
provisions of this section, an employee
(probationer) shall have the right to appeal from
any rejection during the probationary period based
on political or religious affiliations or opinions,
union activities, or race, color, national origin, sex,
age,disability or sexual orientation.
B. The appeal must be written, must be signed by the
employee and set forth the grounds and facts by
which it is claimed that grounds for appeal exist
D.A.I.A. - 84 - 1995-98 MOU
under subsection (A) and must be filed through the
Director of Human Resources 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.
17.6 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 Human Resources receive from the
appointing authority a statement in writing that the services
of the employee during the probationary period were
satisfactory and that the employee is recommended for
permanent appointment. A probationary employee may be
rejected at any time during the probation period without
regard to the Skelly provisions of this MOU, without notice
and without right of appeal or hearing. If the, appointing
D.A.I.A. - 85 - 1995-98 MOU
,authority has not returned the probation report, or the
appointing authority pails to submit in a timely manner the
proper written documents certifying that a probationary
employee has served in a satisfactory manner and later
acknowledges it was his or her intention to do so, the
regular appointment shall begin on the day following the end
of the probationary period.
Notwithstanding any other provisions of the MOU, an
employee rejected during the probation period from a
position in the Merit System to which the employee had
been promoted or transferred from an eligible list, shall be
restored to a position in the department from which the
employee was promoted or transferred.
An employee dismissed for other than disciplinary reasons
within six (6) months after being promoted or transferred
from a position in the Merit System to a position not included
in the Merit System shall be restored to a position in the
Y
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 Human
Resources Director whose decision is final.
The Director of Human Resources 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.
D.A.I.A. - 86 - 1995-98 MOU
17.7 Layoff DuHnq 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.
17.8 Resection Durinq Probation of Laid Off
Employee. An employee who has achieved permanent
status in the class before layoff and who subsequently is
appointed from the layoff list shall begin a new probation
period if subsequently certified and appointed in a different
department or classification than . that from which the
employee was laid off. If the employee is rejected during
the probation period, the employee shall be automatically
restored to the layoff list, unless discharged for cause, if the
rejection occurs within the employee's period of layoff
eligibility.
SECTION 18 - PROMOTION
18.1 Competitive Exam. Promotion shall be by
competitive examination unless otherwise provided in this
MOU.
D.A.I.A. - 87 - 1995-98 MOU
18:2 Promotion Policy. The Director of Human
Resources, upon request of an appointing authority, shall
determine whether an examination is to be called on a
promotional basis.
18.3 Open Exam. If an examination for one of the
classes represented by the Association is proposed to be
announced on an Open Only basis the Director of Human
Resources, shall give five (5) days prior notice of such
proposed announcement and shall meet at the request of
the Association to discuss the reasons for such open
announcement.
18.4 Promotion Via Reclassification Without
Examination. Notwithstanding other provisions of this
Section, an employee may be promoted from one
classification to a higher classification and his position
reclassified at the request of the appointing authority and
under the following conditions:
a. An evaluation of the position(s) in question must
show that the duties and responsibilities have
significantly increased and constitute a higher level
of work.
b. The incumbent of the position must have
performed at the higher level for one (1 ) year.
C. The incumbent must meet the minimum education
and experience requirements for the higher class.
d. The . action must have approval of the Human
Resources Director.
D.A.I.A. _ 88 - 1995-98 MOU
r
e. The .Association approves such action.
The appropriate rules regarding probationary status and
salary on promotion are applicable.
18.5 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.
18.6 Seniority Credits. Employees who have qualified
to take promotional examinations and who have earned a 0
total score, not including seniority credits, of seventy percent
(70%) or more, shall receive, in addition to all other credits,
five one-hundredths of one percent (.05%) for each
completed month of service as a permanent County
employee continuously preceding the final date for filing
application for said examination. For purposes of seniority
credits, leaves of absence shall be considered as service.
Seniority credits shall be included in the final percentage
score from which the rank on the promotional list is deter-
mined., No employee, however, shall receive more than a
total of five percent (5%) credit for seniority in any
promotional examination.
18.7 Physical Examination. County employees who
are required as part of the promotional examination process
to take a physical examination shall do so on County time at
County expense.
D.A.I.A. _ 89 - 1995-98 MOU
SECTION 19 - TRANSFER
19.1 Conditions. The following conditions are required
in order to qualify for transfer:
a. The position shall -be in the same class, or if in a
different class shall have been determined by the
Director of Human Resources to be appropriate for
transfer on the basis of minimum qualifications and
qualifying procedure;
b. the employee shall have permanent status in the
merit system and shall be in good standing;
C. - the appointing authority or authorities involved in
the transaction shall have indicated their
agreement in writing;
d. the employee concerned shall have indicated,
agreement to the change in writing;
e. the Director of Human Resources 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.
19.2 Procedure. Any employee or appointing authority
who desires to initiate a transfer may inform the Director of
Human Resources in writing of such desire stating the
reasons therefore. The Director of Human Resources shall,
if he considers that the reasons are adequate and that the
D.A.I.A. _ 90 - 1995-98 MOU
r
transfer will be for the good of the County service and the
parties involved, inform the appointing authority or
authorities ,concerned and the employee of the proposal and
may take the initiative in accomplishing the transfer.
SECTION 20 - RESIGNATIONS
An employee's voluntary termination of service is a
resignation. Written resignations shall, be forwarded to the
Human Resources 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 Human Resources Department and
shall indicate the effective date of termination.
20.1 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.
20.2 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 work days have elapsed
without response by the employee after the mailing
of a notice of resignation by , the appointing
authority to the employee at the employee's last
known address.
D.A.I.A. _ 91 - 1995-98 Mou
20.3 Effective Resignation. A resignation is effective
when delivered or spoken to the appointing authority,
operative either on that date or another date specified.
20.4 Revocation. A resignation that is effective is
revocable only by written concurrence of the employee and
the appointing authority.
20.5 Coerced Resignations.
A. , Time Limit. A resignation which the employee
believes has been coerced by the appointing
authority may be revoked within seven (7) calendar
days after its expression, by serving written notice
on the Director of Human Resources and a copy
on the appointing authority.
B. Reinstatement. If the appointing authority
employee acknowledges that the could have
9
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 Human Resources waiving the
employee's right of appeal to the Merit Board in
favor of the - employee's appeal rights under the
D.A.I.A. - 92 - 1995-98 MOU
r
grievance procedure contained in Section 22 of the
MOU beginning with Step C.
D. Disposition. If a final decision is rendered that
determines that the resignation was coerced, the
resignation shall be deemed revoked and the
employee returned to duty effective on the day
following the decision but without -loss of seniority
or pay, subject to the employee's duty to mitigate
damages.
SECTION 21 - DISMISSAL, SUSPENSION, DEMOTION,
TEMPORARY REDUCTION IN PAY & REDUCTION
WITHIN CLASS
21 .1 Cause for Action. The appointing authority may
dismiss, suspend, demote, temporarily reduce the pay of, or
reduce within class any employee for cause. The reduction .
in pay may not exceed five percent (5%) for a three (3),
month period. The following are sufficient causes for such
action; the list is indicative rather than inclusive of
restrictions and dismissal, suspension, reduction 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 and/or
the Office of the District Attorney into disrepute,
D.A.I.A. -' 93 - 1995-98 MOU
d. disorderly or immoral conduct,
e. incompetence or inefficiency,
f. insubordination,
g. being at work under the influence of liquor or
drugs, carrying onto the premises liquor or drugs or
consuming or using liquor or drugs during work
hours and/or on County premises,
h. neglect of duty, (i.e. non-performance of assigned
responsibilities),
I. negligent or willful damage to public property or
waste of public supplies or equipment,
j. violation of any lawful or reasonable regulation or
order given by a supervisor or department head,
k. willful violation of any of the provisions of the merit
system ordinance or Personnel Management
Regulations,
I. material and intentional misrepresentation or
concealment of any fact in connection with
obtaining employment,
M. misappropriation of County funds or property,
n. unreasonable failure or refusal to undergo any
physical, medical, and/or psychiatric exam and/or
treatment authorized by this MOU,
o. dishonesty or theft,
D.A.I.A. - 94 - 1995-98 MOU
y f 1
p. excessive or unexcused absenteeism and/or
tardiness,
q. sexual harassment, including but, not limited to
unwelcome sexual advances, requests for sexual
favors, and other verbal, or physical conduct of a
sexual nature, when such conduct has the purpose
or effect of affecting employment decisions
concerning an individual, or unreasonably
interfering with an individual's work performance,
or creating an intimidating and hostile working
environment.
21 .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), demote,
temporarily reduce the pay of, or reduce within class 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. 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.I.A. - 95 - 1995-98 MOU
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.
21 .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.
21 .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.
21 .5 Suspensions Without Pay. Suspensions without
pay shall not exceed thirty (30) days unless ordered by an
arbitrator, an adjustment board or the Merit Board. The
thirty (30) day limit does not apply to suspension due to
pending criminal charges as provided in 21 .6 below.
D.A.1.A. - 96 - 1995-98 MOU
21 .6 Procedure on Dismissal, Suspension,
Reduction Within Class, Temporary Reduction in Pay, or
Disciplinary Demotion.
A. In any disciplinary action to . dismiss, suspend,
reduce within class, 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 appli-
cable, the appointing authority shall make an order
in writing stating specifically the causes for the
action.
B. Service of Order. Said order of dismissal,
suspension, reduction within class, temporary
reduction of pay, or demotion shall be filed with the
Director of Human Resources, showing by whom
and the date a copy was served upon the
employee to be dismissed, suspended, reduced
within class 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,
demotion, temporary reduction of pay, or reduction
within class either to the Merit Board or through the
procedures of Section 22 - Grievance Procedure of
this MOU provided that such appeal is filed in
writing with the Human Resources Director within
ten (10) calendar days after service of said order.
An employee oyee may not both appeal to the Merit
D.A.I.A. - 97 - 1995-98 MOU
+. r
Board and file a grievance under Section 22 of this
MOU.
SECTION 22 - GRIEVANCE PROCEDURE
22.1 Definition. 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 Association may represent 'the employee at
any stage of the process. Grievances must be filed within
thirty (30) days of the incident or occurrence about which the
employee claims to have a grievance and shall be
processed in the following manner:
Step 1 . Any employee or group of employees who believes
that a provision of this MOU has been misinterpreted or
misapplied to his or her detriment shall discuss the
complaint with the employee's immediate supervisor, who
shall meet with the employee 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 employee may submit the grievance in writing
within ten (10) work days to such management official as the
department head may designate. This formal written
grievance shall state which provision of the MOU has been
misinterpreted or misapplied, how misapplication or
misinterpretation has affected him or her to his or her
detriment, and the redress he or she seeks. A copy of each
written communication on a grievance shall be filed with the
Director of Human Resources. The department head or his
D.A.I.A. _ 98 - 1995-98 MOU
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 employee may appeal in writing within seven
(7) work days to the Human Resources, Director. , The
Human Resources Director or designee shall have twenty
(20) work days in which to investigate the merit of the
complaint and to meet with the department head and the
employee and attempt to settle the grievance and respond
in writing.
Step 4. No grievance may be processed under this Step 4
which has not first been filed and investigated in accordance
with Step 3 above and filed within seven (7) work days of the
written' response of the Human. Resources Director or
his/her designee. If the parties are unable to reach a
mutually satisfactory accord on any grievance which arises
and is presented during the term of -this MOU, such
grievance shall be submitted in writing within seven (7) work
days to an Adjustment Board comprised of three (3)
Association representatives, no more than two (2) of whom
shall be either an employee of the County or an elected or
appointed official . of the Association presenting -this
grievance, and three (3) representatives of the County, no
more than two (2) of whom shall be either an employee of
the County or a member of the staff or an organization
employed to represent the County in the meeting and
conferring process. The Adjustment Board shall meet and
render a decision within twenty (20) work days of receipt of
the written request.
Step 5. If an Adjustment Board is unable to arrive at a
majority decision, either the employee (or the County, when '
alleging a violation of Section 22.5) may require that the
D.A.I.A. _ 99 - 1995-98 MOU
grievance be referred to an impartial arbitrator who shall. be
designated by mutual agreement between the employee and
the Human Resources Director. Such request shall be
submitted within twenty (20) work days of the rendering of
the Adjustment Board decision. Within twenty (20) days of
the request for arbitration the parties shall mutually select an
arbitrator. The fees and expenses of the arbitrator and of the
Court Reporter shall be shared equally by the employee and
the County. Each party, however, shall bear the costs of its
own presentation, including preparation and post hearing
briefs, if.any.
22.2 , 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 an employee fails to
meet the time limits specified in steps 1 through 4 above,
the grievance will be deemed to have been settled and
withdrawn.
22.3 Notice. An official, with whom a formal grievance
is filed by a grievant who is included in a unit represented by
the Association, but is not represented by the Association in
the grievance, shall give the Association a copy of the
formal presentation.
22.4 Compensation Complaints. All complaints
involving or concerning the payment of compensation shall
be initially filed in writing with the Human Resources
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
D.A.I.A: _ 100 - 1995-98 MOU
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 two (2) years from the date upon
which the complaint was filed.
No change in this MOU or interpretations thereof (except
interpretations resulting from Adjustment Board proceedings
hereunder) will be recognized unless agreed to by the
County and the Association.
22.5 Strike/Work Stoppage. During the term of this
MOU, the Association, its members and representatives,
agree that it and they will not engage in, authorize, sanction,
or support any strike, slowdown, stoppage of work, sickout,
or refuse to perform customary duties.
In the case of a legally declared lawful strike against a
private or public 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.
22.6 Merit Board.
A. All grievances of employees in representation units
represented by the Association shall be processed
under Section 22 unless the employee elects to
n.A.I.A. - 101 - 1995-98 MOU
apply to . the Merit,. -°Board on matters within its
jurisdiction.
B. No action under Step 3 and 'Step 4 of Subsection
22. 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.
22.7 Filing by Association. The Association may file
a grievance at Step 3 on behalf of affected employees when
action by the County Administrator -or the Board of
Supervisors violates a provision of this MOU.
SECTION 23 - RETIREMENT CONTRIBUTION
Pursuant to Government Code Section 31581 .1 , the County
will continue to pay fifty percent (50%) of the retirement
contributions normally required of employees. Such
payments shall continue for the duration of this MOU, and
shall terminate thereafter. Employees shall be responsible
for payment of the employees' contribution for the retirement
cost of living program as determined by the Board of
Retirement of the Contra Costa County Employees'
Retirement Association without the County paying any part
of the employees' share. The County will pay the remaining
one-half (1/2) of the retirement cost-of-living program
contribution.
SECTION 24 - SAFETY
The County shall expend every effort to see to it that the
work performed under the terms and conditions of this MOU
ID.A.I.A. - 102 - 1995-98 MOU
is performed with a maximum degree of safety consistent
with the requirement to conduct efficient operations.
SECTION 25 - MILEAGE
The mileage allowance for the use of personal vehicles on
County business shall be paid according to the rates
allowed by the Internal Revenue Service and shall be
adjusted to reflect changes in this rate on the date it
'becomes _effective or the first of the month following
announcement of the changed rate by the Internal Revenue
Service, whichever is later.
SECTION 26 - 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 M
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 discovered by the County 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 Human Resources or
D.A.I.A. - 103 - 1995-98 MOU
designee, or the Auditor-Controller or designee. Recovery
of fraudulently accrued over or underpayments are excluded
from this section for both parties.
SECTION 27 - PROVISIONAL APPOINTMENT
Whenever an appointing authority makes a request for
personnel to fill a position in a class for which no
reemployment oremployment list is available, or in a class
for which no eligible or insufficient eligibles to complete the
certification will accept appointment to the position, the
Director of Human Resources may authorize the appointing
authority to appoint any person who possesses the
minimum qualifications for the class as set forth in the class
specifications, provided that the names of eligibles available
and the names of persons who have indicated their intention
to take the next examination for the class shall be referred
to the appointing authority at the time authorization is
issued.
In no case shall a permanent position be filled by a
provisional appointment for a period exceeding six (6)
calendar months except under the following conditions:
a. If an examination has been announced for the
class and recruitment of applicants is in process,
the Director of Human Resources may authorize a
continuation of provisional appointments until an
eligible list is established.
b. In case of a provisional appointment to a
permanent position vacated by a leave of absence,
such provisional appointment may be continued for
the duration of said leave.
D.A.I.A. - 104 - 1995-98 MOU
A- provisional appointment shall be terminated within thirty
(30) days after the date of certification of I eligibles from an
appropriate eligible list.
All decisions of the Director of Human Resources relative to
provisional appointments are final and not subject to the
grievance procedure.
Before filling a position by 'a provisional appointment, the
appointing authority shall post notice and shall consider
current qualified employees -for the appointment. Only if
there are insufficient internal applicants to constitute a full
certification may the appointing authority consider applicants
from outside County service.
SECTION 28 - PERSONNEL FILES
An employee shall have the,right to inspect and review any
official record(s) relating to his or her performance as an
employee or to a grievance concerning the employee which
is kept or maintained by the County in the employee's
personnel file in the Human Resources Department or in the
employee's personnel file in their department. The contents
of such records shall be made available to the employee for
inspection and review at reasonable intervals during the
regular business hours of the County.
The County shall provide an opportunity for the employee to-
respond in writing to any information which is in the
employee's personnel file about which he or she disagrees.
Such response shall become a permanent part of the
employee's personnel record. The employee shall be
responsible for providing the written responses to be
included as part of the employee's official personnel file.
D.A.I.A. - 105 - 1995-98 MOu
This section does not apply lo, the records of an employee
relating to the investigation of a possible criminal offense,
medical records and information or letters of reference.
All documents pertaining to disciplinary actions shall be
placed in an official personnel file maintained by the Human
Resources Department or in an official personnel file
maintained by their department. Copies of written
reprimands or memoranda pertaining to an employee's
unsatisfactory performance which are to be placed in the
employee's personnel file shall be given to an employee
who shall have the right to respond in writing to said
documents. Letters of reprimand are subject to the
grievance procedure but shall not be processed past Step
3 unless said letters are used in a subsequent discharge,
suspension, reduction within class or demotion of the
employee. Copies of letters of commendation which are to
be placed in the employee's personnel file will be given to
the employee. Employees have the right to review their
official personnel files which are maintained in the Human
Resources Department or by their department. In a case
involving a grievance or disciplinary action, the employee's
designated representative may also review his or her
personnel file with specific written authorization from the
employee.
SECTION 29 - 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.
D,A.I.A. - 106 - 1995-98 MOU
SECTION 30 - REIMBURSEMENT FOR MEAL EXPENSES ,
Employees shall be reimbursed for meal expenses under
the following circumstances and in the amount specified.
a. When the employee is required to be out of his/her
regular or normal work area during a meal hour
because of a particular work assignment and with
prior approval of the department head or his
designee.
b. When the employee is required to stay over to
attend consecutive or continuing afternoon and
night sessions of a board or commission.
C. When the employee is required to incur expenses
as host for official guests of the County, work as
members of examining boards, official visitors, and
speakers or honored guests at banquets or other
official functions.
d. When the employee is required to work three (3) or
more hours of overtime; in this case he or she may
be reimbursed in accordance with the
Administrative Bulletin on Expense
Reimbursement.
Meal. costs will be reimbursed only when eaten away from
home or away from the facility in the case of employees at
24-hour institutions.
Procedures and definitions relative to reimbursement for
meal expenses shall be in accordance with the
Administrative Bulletin on Expense Reimbursement.
D.A.I.A. - 107 - 1995-98 MOU
l i
SECTION 31 - COMPENSATION FOR LOSS OR DAMAGE
TO PERSONAL PROPERTY
The loss or damage to personal property of employees is
subject to reimbursement under the following conditions:
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 compensable:
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 an employee's dentures or
other prosthetic devices did not occur
simultaneously with a job connected injury covered
by workers' compensation.
h. The amount of reimbursement shall be limited to
the actual cost to repair damages. Reimbursement
D.A.I.A. - 108 - 1995-98 MOU
1
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 Personal
Property.
SECTION 32 - .UNFAIR LABOR PRACTICE
Either the County or the Association may file an unfair labor
practice as defined in Chapter 34-22, of the Board of
Supervisors , Resolution 81/1165 against the other.
Allegations of an unfair labor practice, if not resolved in
discussions between the parties, may be heard by a
mutually agreed upon impartial third party.
SECTION 33 - 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
(2) years is reemployed in a permanent County position, or
is reemployed in a permanent County position from a layoff
D.A.1.A. - 109 - 1995-98"MOU
list within the period of layoff eligibility, service credits shall
include all credits accumulated 'at time of separa[ion, but
shall not include the period of separation. The Human
Resources Director shall determine these matters based on
the employee status records in the Human Resources
Department.
SECTION 34 - 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 35 - PERMANENT-INTERMITTENT EMPLOYEE
BENEFITS
Permanent-intermittent employees are eligible for prorated
vacation and sick leave benefits. See CaIPERS health plan
regulations regarding medical information.
SECTION 36 - 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. See CaIPERS health plan regulations regarding
• medical information.
D.A.I.A. - 110 - 1995-98 MOU
SECTION 37 - PROFESSIONAL MEMBERSHIP STIPEND
The County agrees to reimburse employees in the District
Attorney Investigators' Unit for actual cost of membership
dues in job-related professional associations not'to exceed
a maximum of seventy-five dollars ($75.00) per calendar
year with the prior approval of their supervisor.
Reimbursement in the amount _prescribed above will be
processed upon presentation of a verified receipt to the
Auditor-Controller's Office showing payment of annual
membership dues in job-related professional associations
and evidence of supervisor approval.
SECTION 38 - SAFETY EQUIPMENT
A. The County agrees to continue to provide newly
hired Inspectors with all required safety equipment.
Said equipment shall remain the property of the
County;
B. Safety equipment owned by the County deemed
unserviceable by the District Attorney or his
authorized representative shall be turned over to
the County and a replacement shall be furnished
by the District Attorney or his authorized
representative;
C. The provisions of this replacement program do not
apply to safety equipment damaged or otherwise
rendered unserviceable as a result of employee
negligence, subject to the provisions of Section
3802 of the California Labor Code,
D.A.I.A. - 111 - 1995-98 MOU
D. The District Attorney or his designated
representative retains the right to render final
decisions on the serviceability of safety equipment.
E. The District Attorney's Office will provide District
Attorney Inspectors and Senior District Attorney
Inspectors an appropriate "turn out" jacket.
SECTION 39 - DEPENDENT CARE
A. Dependent Care Information & Referral Service.
The County will administer an Information &
Referral Service through the Contra Costa Child
Care Council for the duration of this MOU.
B. Dependent Care Salary Contribution. Subject to
the applicable provisions of the Internal Revenue
Service, employees, may contribute up to $5,000
each calendar year from their salaries for approved
dependent care; only eligible employees may
contribute for such expenses; there is no County
contribution for dependent care.
Reimbursements are made on a monthly basis
subject to submission of itemized statements,
adequate accumulation of the salary contribution,
proof of payment, and applicable County
administrative procedures.
SECTION 40 - STUDIES/PROJECTS
Bi-Weekly Pay Periods. The County shall present to the D.
A. Investigators' Association a comprehensive proposal for
DATA - 112 1995-98 MOU
replacement of the current system of monthly pay with a bi-
weekly (every other week) pay system.
The D. A. Investigators Association agrees to commence
meet and confer on those elements in the proposed bi-
weekly payroll system � which are within the scope of
bargaining and/or the impact of replacing the current
monthly pay system with a bi-weekly system.
SECTION 41 - BILINGUAL PAY
Effective July 1 , 1996, a salary differential of sixty dollars
($60) per month shall be paid incumbents of positions
requiring bilingual proficiency as designated by the
appointing authority and Director of Human Resources.
Effective October 1 , 1997 the differential shall be increased
to a total of sixty-five dollars ($65) per month. Said dif-
ferential 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. The Association shall be notified when such
designations are made.
SECTION 42 - 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
D.A.I.A. - 113 - 1995-98 MOU
provisions, said provisions shall become effective upon the
first day of the month following thirty (30) days after such
Ordinance is adopted.
SECTION 43 - SCOPE OF AGREEMENT &
SEPARABILITY OF PROVISION
43.1 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.
43.2 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.
43.3 Personnel Management Regulations. Where a
specific provision contained in a section of this MOU
conflicts with a specific provision contained in a section of
the Personnel Management Regulations, the provision of
this MOU shall prevail. It is recognized, however, that certain
provisions of the Personnel Management Regulations may
be supplementary to the provisions of this MOU or deal with
matters not within the scope of representation and as such
remain in full force and effect.
43.4 Duration of Agreement. This Agreement shall
continue in full force and effect from October 1 , 1995 to and
including September 30, 1998. Said agreement shall
D.A.I.A. - 114 - 1995-98 MOU
l
1
i J
automatically renew from year to year thereafter unless
either party gives written notice to the other prior to sixty (60)
days from the aforesaid termination date of its intention to
amend, modify or terminate the agreement.
SECTION 44 - PAST PRACTICES AND EXISTING
MEMORANDA OF UNDERSTANDING
Continuance of working conditions and past practices not
specifically authorized by ordinance or by resolution of the
Board of Supervisors is not guaranteed by this MOU;
provided, however, that only during the term of this MOU
which expires September 30, 1998, the Association may
claim a violation of a past practice. If the Association can
demonstrate that such past practice exists by virtue of
having been acknowledged and agreed to by Management
and representatives of the Association or by employees
represented by the Association who reach agreement with
the Department Head on a specific policy covering a group
of employees such as a reassignment policy, the alleged
violation of said past practice will be subject to the grievance
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.
D.A.I.A. - 115 - 1995-98 MOU
DATE: °I 9
CONTRA COSTA COUNTY DISTRICT ATTORNEY
INVESTIGATORS' ASSN.
i
Y N
DATA - 116 - 1995-98 MOU
. r ,
ATTACHMENT A
PROJECT POSITIONS
The District Attorney Investigators' Association and the County have
met and conferred in good faith regarding wages, hours and other
terms and conditions of employment for employees in project classes
which, except for the project designation, would be represented by the
District Attorney Investigators' Association. For example, District
Attorney Senior Inspector is represented by the Association, therefore,
it has been agreed that District Attorney Senior Inspector-Project will
also be represented by the District Attorney Investigators' Association.
Other project classes that are not readily identifiable as properly
included in bargaining units represented by the District Attorney
Investigators' Association shall be assigned to bargaining units in
accordance. with the provisions of Section 34-12.015 of Board
Resolution 81/1165 as set forth in Section 2.8 of this Memorandum of
Understanding.
The Association and the- County understand that the meet and confer
process with respect to the conditions of employment for project
classifications is unique and, therefore, differs from other regular
classes represented by the District Attorney Investigators' Association
in the following respects:
1 . Project employees are not covered by the Merit System.
2. Project employees may be separated from service at any time
without regard to the provisions of this Memorandum of
Understanding, without notice and without right of appeal or
hearing or recourse to the grievance procedure as it applies to
suspensions, demotions or discharge.
3. Any provision of this Memorandun of Understanding which
pertains to layoff or seniority are not applicable to project
employees.
ATTACHMENT B
DISTRICT ATTORNEY INVESTIGATORS ASSN.
SALARIES - JULY 1, 1996
Class Class Title Salary Ranqe
6KWF D.A. Inspector - Welfare Fraud $3591 - 4365
6KVA D.A. Sr. Inspector $4156 - 5051
. 6KVD D.A. Sr. Insp. - Welfare Fraud $4156 - 5051
DISTRICT ATTORNEY INVESTIGATORS' ASSOCIATION
SUBJECT INDEX
Anniversary Dates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Assignment of Classes to Bargaining Units . . . . . . . . . . . . . . . . 10
Association Representatives . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Bilingual Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
CallBack . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Compensation Complaints . .. . . . . . . . . . . . . . . . . . . . . . . . . . . 100
Compensatory Time . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Constructive Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
Contra Costa Health Plan (CCHP) . . . . . . . . . . . . . . . . . . . . . . . 75
Court Appearance Overtime . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Days & Hours of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Dental Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
Dependent Care . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
Disability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
Disciplinary Actions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
Dues Deduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Family Care . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
Furlough Days Without Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
Grievance Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
Group Health Plan Coverage . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
Health Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
Health & Welfare, Life & Dental Care . . . . . . . . . . . . . . . . . . . . . 74
Health Care Spending Account . . . . . . . . . . . . . . . . . . . . . . . . . . 81
Holidays . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
JuryDuty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
` � 4r