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HomeMy WebLinkAboutMINUTES - 09262000 - C27-C31 C.27 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on September 26, 2000 by the following vote: AYES: Supervisors Gioia,Uilkema, DeSaulnier, Canciamilla, and Gerber NOES: None ABSENT: None ABSTAIN: None SUBJECT: Adopt the Memorandum of Understanding Between the Oakley Fire Protection District and the Oakley-Knightsen Firefighters' Association IT IS BY THE BOARD ORDERED that Memorandum of Understanding Between Oakley Fire Protection District and Oakley-Knightsen Firefighters' Association is APPROVED. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. Attested: September 26,2000 Phil Batchel r,Clerk of the Board of Superv' o and County dministrator By: Deputy Clerk 01 MEMORANDUM OF UNDERSTANDING BETWEEN OAKLEY FIRE PROTECTION DISTRICT AND OAKLEY-KNIGHTSEN FIREFIGHTERS' 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 in his capacity as the Employee Relations Officer for the District) is the representative of the Contra Costa County Board of Supervisors in its capacity as ex-officio Governing Board of the Oakley Fire Protection District as provided in Board Resolution 81/1165. The parties have met and conferred in good faith regarding wages, hours and other terms and conditions of employment for the employees in the Oakley-Knightsen Firefighters Association and have freely exchanged information, opinions and proposals and have endeavored to reach agreement on matters relating to the employment conditions and employer-employee relations covering such employees. When a specific provision contained in a section of this MOU conflicts with a specific directive of the Fire District, the provision of this MOU shall prevail. Whenever reference is made herein to the County or to County officers or employees, a reference to the County shall be deemed to be a reference to the District and to a County officer or employee shall be deemed to be a reference to that officer or employee acting in the capacity as a District officer or employee. This MOU shall be presented to the Contra Costa County Board of Supervisors in its capacity as ex-officio Governing Board of the Oakley Fire Protection District as the joint recommendation of the undersigned for salary and employee benefit adjustments for the period beginning October 1, 2000 and ending September 30, 2001. In the event provisions of this MOU contradict any resolution, administrative bulletin or personnel rules of the District, the terms of this MOU shall prevail. OAKLEY MOU 2000CLEAN.doc 1 SECTION 1 - UNION RECOGNITION The Union is the formally recognized employee organization for the Oakley Reserve firefighters Unit. SECTION N CIATION SECURITY 2.1 Dues Deduction. pursuant to Board of Supervisor's Resolution 81/1165 Chapter 34-28, only a majority representative may have dues deduction and as such the Association has the exclusive privilege of dues deduction for all employees in its units. Dues deduction shall be based on the voluntary written authorization of the employee which shall remain in effect so long as the employee remains in a unit represented by the Association unless such authorization is 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 District harmless against any claims made and against any suit instituted against the District on account of dues deduction. The Association shall refund to the District any amounts paid to it in error upon the presentation of supporting evidence. 2.2 Association Dues Eorm. Employees hired in classifications assigned to the unit represented by the Association shall, as a condition of employment at the time of employment, complete a association dues authorization card provided by the Association and shall have deducted from their paychecks the membership dues of the Association. Said employees shall have thirty (30) days from the date of hire to decide if they do not want to become a member of the Association. Such decision not to become a member of the Association must be made in writing to the Auditor-Controller, acting in his her capacity as District Auditor-Controller, with a copy to the Employee Relations Officer 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 District in writing of the decision not to become a member within the thirty (30) day period, the employee shall be deemed to have voluntarily agreed to pay the dues of OAKLEY MOU 2000CLEAN.doc 2 the Association. Each such dues authorization form referenced above shall include a statement that the Association and the District 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 the employee's right to revoke said authorization. 2.3 Maintenance of Membership. All employees in units represented by the Association who are currently paying dues to the Association and all employees in such units who hereafter become members of the Association shall, as a condition of continued employment, pay dues to the Association for the duration of this MOU and each year thereafter so long as the Association continues to represent the position to which the employee is assigned, unless the employee has exercised the option to cease paying dues in accordance with Section 2.4. 2.4 Withdrawal of Membership. By notifying the Auditor- Controller's Department in writing, between June 1 to June 30 of any year, any employee may withdraw from Association membership and discontinue paying dues as of the payroll period commencing June 1 st, and reflected in the July 10th 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. 2.5 Communicating with Employes. The Association shall be allowed to use designated portions of bulletin boards or display areas in District buildings or in offices in which there are employees represented by the Association, provided the communications displayed have to do with official organization business such as times and places of meetings and further provided that the Association appropriately posts and removes the information. The Fire Chief reserves the right to remove objectionable materials. Representatives of the Association, not on District time, shall be permitted to place a supply of employee literature at specific locations in District buildings if arranged through the County Labor Relations Manager, acting as Labor Relations Manager of the District; said representatives may distribute employee organization literature in areas designated by the Fire OAKLEY MOU 2000CLEAN.doc 3 Chief if the nature of the literature and the proposed method of distribution are compatible with the work environment and work in progress. Such placement and/or distribution shall not be performed by on-duty employees. The Association shall be allowed access to work locations in which it represents employees for the following purposes: a. to post literature on bulletin boards; b. to arrange for use of a meeting room; C. to leave and/or distribute a supply of literature as indicated above; d. to represent an employee on a grievance, and/or to contact a 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 Fire Chief or designee and the visit will not interfere with the District's services. 2.6 Use of District Buil inns. The Association shall be allowed the use of areas normally used for meeting purposes for meetings of District 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 District; C. it does not interfere with normal District 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 ©AKLEY MOU 2000CLEAN.doc 4 condition. The use of District 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 List of Employees with Dues Deduction. The District shall provide the Association with a monthly list of employees who are paying dues to the Association and a monthly list of employees who are paying health and welfare deductions to the Association. 2.9 AAsslanment of Classes to Bargaining Units. The Labor Relations Manager shall assign new classes in accordance with the following procedure: a. Initial Determination: When a new class title is established, the Employee Relations Officer or designee shall review the composition of existing representation units to determine the appropriateness of including some or all of the employees in the new class in one or more existing representation units, and within a reasonable period of time shall notify all recognized employee organizations of the determination. b. Final Determination: The Employee Relations Officer or designee's determination is final unless within ten (10) days after notification a recognized employee organization requests in writing to meet and confer thereon. OAKLEY MaU 2000CLEAN.doc 5 C. Meet and Confer and other Steps: The Labor Relations Manager 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-day period in subsection (b), unless otherwise mutually agreed. Thereafter, the procedures in cases of agreement and disagreement, arbitration referral and expenses, and criteria for determination shall conform to those in subsections (d) through (i) of Section 34-12.008 of Resolution 81/1165. 2.10 Written Statement forNow Empjo_yees. The District will provide a written statement to each new employee hired into a classification in any of the bargaining units represented by the Association, that the employee's classification is represented by the Association and the name of a representative of the Association. The District will provide the employee with a packet of information which has been supplied by the Association and approved by the District. 2.11 Modification & Decertification. For the duration of this MOU, the following shall apply: Resolution 81/1165 Section 34-12.00 - Unit Determination (a) shall be modified in the first paragraph to delete the ten percent (10%) requirement for an employee organization intervening in the unit determination process and substitute therefore a thirty percent (30%) requirement. Resolution B1/11Q5 !Segtion 34-12,012 - Election Procedure (b) shall be modified in the first paragraph to delete the ten percent (10%) requirement for any recognized employee organization(s) to appear on the ballot and substitute therefore a thirty percent (30%) requirement. Resolution 81/1165 Section 34-12.016 Modification of i Units shall be modified in the first sentence by adding words to the effect of ",most recent" to the date of determination. This section shall be modified in the second sentence to require that petitions for modification of a representation unit be filed during a period of not more than one hundred and fifty (150) days nor less than one hundred and twenty (120) days prior to the expiration of the MOU in effect. The last sentence of this section shall be modified so that modification of a representation unit shall not negate the term of an existing MOU between the District and the recognized employee organization of the unit prior to the modification proceedings. OAKLEY MOU 2000CLEAN,doc 6 Resolution 81/1165 Section 34-12.018 Decertification Procedure shall be modified in the first sentence by adding words to the effect of"most recent" to the date of formal recognition and by requiring the petition be submitted during a period of not more than one hundred and fifty (150) days nor less than one hundred and twenty (120) days prior to the expiration of the MOU in effect. SECTION � 3 - NO DISCRIMINATION There shall be no discrimination because of race, creed, color, national origin, sex, sexual orientation or Union activities against any employee or applicant for employment by the Association or anyone employed by the Association or the District or by anyone employed by the District; 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 a position or from carrying out the duties of the position safely. SECTION 4 - OFFICIAL. R PRESENr�TIM 4.1 Attendance at Meetings. Employees designated as official representatives of the Union shall be allowed to attend meetings held by County/District agencies during regular working hours on District time as follows: a. if their attendance is required by the District or County at a specific meeting; b. if their attendance is sought by a hearing body for presentation of testimony or other reasons; C. if their attendance is required for meetings scheduled at reasonable times agreeable to all parties, required for settlement of grievances filed pursuant to Section 15, Grievance Procedure, of this MOU; d. if they are designated as an official representative, in which case they may utilize a reasonable time at each level of the proceedings to assist an employee to present a grievance; OAKLEY MMU 2000CLEAN.doc 7 e. if they are designated as spokesperson or representative of the Union and as such make representations or presentations at meetings or hearings on wages, salaries and working conditions; provided in each case advance arrangements for time away from the employee's work station or assignment are made with the Fire Chief; f. if their attendance does not conflict with Fire District emergency operations. The District will not pay for Association or Union meetings or functions. 4.2 UnjQn Representative. Official representatives of the Union shall be allowed a reasonable amount of time off without loss of compensation or other benefits for meetings during regular working hours when formally meeting and conferring in good faith or consulting with the Employee Relations Officer or designee or other management representatives on matters within the scope of representation, and that advance arrangements for the time away from the work station or assignment are made with the Fire Chief and their attendance does not conflict with Fire District emergency operations. BECTIQN 5 - SALARIES 5.1 Salary Rates. Effective on the first of the month following adoption of the Memorandum of Understanding by the Board of Supervisors acting in their capacity as the Governing Board of the Oakley Fire Protection District, the hourly rates for dates iRdicated, base moRthly salmi classes +a-represented by the Oakley-Knightsen Firefighters Association shall be in accordance with the Salary Schedule as follows: Class Fire Captain $11.00 per hour Sr. Firefighter $11.00 per hour Firefighter $10.00 per hour Entry Level $7.50 per hour Firefighter OAKLEY MOU 2000CLEAN.doc 8 Employees m1ho posjess current certification as-an Emergenay Medical Technician or Paramedic shall rereive a differential of fifN cents (S.50) Pe bQ= Fire Captains shall continue to be eligible for monthly rompenotion in the amount of eighly dollars ($50.00) for performance of ong :tional.trainiog In accordance with requirements of the County payroll system, timekeeping for permanent employees' time worked and time will be accounted for in minimum one-tenth (1/10) hour (fi minute) increments. 5,2 P. ".men . 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 to the employee for the preceding month. provided, howeveF} } on the twep* salary,emp Gy shall, SUGh 9FAPIGY89. 5.3 Pay VVarrants. Employee pay warrants shall be delivered to a work place designated by the District by 12:00 p.m. on the tenth 10th) day and tweR-, `� ` of each month. Should the tenth (10t ) day ar t ty- 4-2e4 of the month fall on Saturday, Sunday, or a holiday, pay warrants will be delivered by 12:00 p.m. on the preceding County workday. 5.4 Pay Warrant Errors. If an employee receives a pay warrant which has an error in the amount of compensation to be received, and if this error occurred as a result of a mistake by the Auditor-Controller's Department, it is the policy of the Auditor-Controller's Department that the error will be corrected and a new warrant issued within forty-eight (48) hours, (exclusive of Saturdays, Sundays and holidays) from the time the Department is made aware of and verifies that the pay warrant is in error. SECTION 6 - OVERTIME Overtime is any authorized and approved work performed in excess of forty (40) hours a week. All overtime shall be compensated in accordance with applicable Federal law(s). OAKLEY MOU 2000CLEAN.doc 9 SECTION 7 — WORKER& COMPENSATION Employees who are injured on the job shall receive disability benefits in accordance with applicable State law(s). SECIIQNN 6 - LEAVE OF ABSENCE 8.1 Leave Without Pay. Any employee who has permanent status may be granted a leave of absence without pay upon written request, approved by the appointing authority, provided, however, that leaves for pregnancy, pregnancy disability, serious health conditions and family care shall be granted in accordance with applicable state and federal law. A leave without pay must be for a period not to exceed one (1) year, provided the appointing authority may extend such leave for additional periods. The procedure in granting extensions shall be the same as that in granting the original leave provided that the request for extension must be made not later than thirty (30) calendar days before the expiration of the original leave. 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 return. Early return is subject to prior approval by the Fire Chief. 8.2 Military Leave. Any employee in the Fire District and who is required to serve as a member of the State Militia or the United States Army, Davy, Air Force, Marine Corps, Coast Guard or any division thereof shall be granted a military leave in accordance with State and Federal law. 8.3 Family Care Leave or Medical Leave. Family Care or Medical Leave will be granted in accordance with applicable State and Federal law. 8.4 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 may be grounds for disciplinary action. OAKLEY MOU 2000GLEAN.doc 10 SECTIO 9 - RESIGN TA BONS An employee's voluntary termination of service is a resignation. Written or oral resignations shall be forwarded to the Fire Chief by the employee immediately and shall indicate the effective date of termination. 9.1 Resignation in Good San ina. A resignation giving the District written notice at least four (4) 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 termination on shorter notice) is resignation in good standing. 9.2 Effective attion,. A resignation is effective when delivered or spoken to the District, operative either on the date or another date specified. 9.3 Revocation. A resignation that is effective is revocable only by written concurrence of the employee and the District. SECTION 10 - GRIEVANCE PROCEDURE 10.1 Definition and Procedural Steps. A grievance is any dispute which involves the interpretation or application of any provision of this MOU (excluding, however, those provisions of this MOU which specifically provide that the decision of any District official shall be final, the interpretation or application of those provisions not being subject to the grievance procedure) or disciplinary actions. The Association may represent the employee at any stage of the process. Grievances must be filed within fifteen (15) days of the incident or occurrence about which the employee claims to have a grievance and shall be processed in the following manner: a. Spy. Any employee or group of employees who believes a provision of this MOU has been misinterpreted or misapplied to the employee's detriment shall discuss the complaint on an informal basis with the employee's appropriate Chief Officer who shall meet with the employee and respond to the grievance within five (5) duty shifts, or ten (10) workdays when a grievance is filed by employees assigned to a forty (40) hour work week, of a request to hold such a meeting. OAKLEY MOU 2000CLEAN.doe 11 b. Step 2. If a grievance is not satisfactorily resolved in Step 1 above, the employee may submit the grievance in writing within five (5) calendar days to such management official, other than the Chief Officer who participated in Step 1 above, as the Fire Chief may designate. This formal written grievance shall state which provision of the MOU has been misinterpreted or misapplied, how the misinterpretation or misapplication has affected the employee to the employee's detriment, and the redress the employee seeks. A copy of each written communication on a grievance shall be filed with the County Director of Human Resources, acting as the District Director of Human Resources. The designated management official shall have ten (10) workdays in which to respond to the grievance in writing. C. Ste . If a grievance is not satisfactorily resolved in Step 2 above, the employee may appeal in writing within five (5) workdays to the Director of Human Resources. The Director of Human Resources or designee shall have fifteen (15) workdays in which to investigate the merit of the complaint, meet with the Fire Chief or designee and the employee to attempt to settle the grievance, and respond in writing to the employee and the employee's Association representative. d. Step 4. No grievance may be processed under this Section which has not first been filed and investigated in accordance with Step 3, above and filed within five (5) calendar days of the written response of the Director of Human Resources or designee. If the parties are unable to reach a mutually satisfactory accord on any grievance which arises and is presented during the term of this MOU, such grievance shall be submitted in writing within five (5) calendar days to the Director of Human Resources requesting that the grievance be submitted to an Adjustment Board. Such Adjustment Board is to be comprised of two (2) Association representatives, no more than one (1) of whom shall be either an employee of the District or a member of the Association presenting this grievance, and two (2) representatives of the District, no more than one (1) of whom shall be an employee of the District or a an employee of any entity governed by the Board of Supervisors or a member of the staff of an organization employed to represent the District in the meeting and conferring process. The Adjustment Board shall meet OAKLEY MOU 2000CLEAN,doc 12 and render a decision within fifteen (15) calendar days of receipt of a written request. e. Stop 5. If an Adjustment Board is unable to arrive at a majority decision, either the employee or the District may require the grievance be referred to an impartial arbitrator who shall be designated by mutual agreement between the employee and the Director of Human Resources. Such request shall be submitted within ten (10) calendar days of the rendering of the Adjustment Board decision to the Director of Human Resources. Within thirty (30) calendar 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 District. Each party, however, shall bear the costs of its own presentation, including preparation and post-hearing briefs, if any. f. For the purposes of this Section the term "workday„ shall be defined as any day except a Saturday, Sunday or holiday. 10.2 Scope of Adjustment Board nd Arbitration Decisions a. Dec-inions of Adjustment Boards and arbitrators on matters probefore hem shall be final and binding on the Parties hereto,-to the_extent Dermitted by law. b. No Adjustment Board and no arbitrator shall entertain, hear, decide or make recommendations on any dispute unless such dispute involves a position in a unit represented by the Association which has been certified as the recognized employee organization for such unit and unless such dispute falls within the definition of a grievance as set forth in Section 18.1.a above. C. Proposals to add to or change this MOU or to change written agreements supplementary hereto shall not be arbitrable and no proposal to modify, amend, or terminate this MOU nor any matter or subject arising out of or in connection with such proposals, may be referred to arbitration under this Section. Neither any Adjustment Board nor any arbitrator shall have the power to amend or modify this MOU or written agreements OAKLE`(MMU 2000GLEAN.doc 13 supplementary hereto or to establish any new terms or conditions of employment. d. If the Director of Human Resources in pursuance of the procedures outlined in Section 18.1.c above, or the Adjustment Board in pursuance of the provisions of Section 18.1.d above, resolve a grievance which involves suspension or discharge, they may agree to payment for lost time or to reinstatement with or without payment for lost time; but, in the event that the grievance is carried to arbitration and such employee is found to have been properly discharged under the provisions of Section 14 (Dismissal, Suspension, Demotion and Reduction in Salary) such employee may not be ordered reinstated and no penalty may be assessed upon the District. 10.3 Time Limits. The time limits and steps specified above may be waived by mutual agreement of the parties to the grievance. If the District fails to meet the time limits specified in Steps 1 through 3 above, the grievance will automatically move to the next step. If a grievant falls to meet the time limits specified in Steps I through 5 above, the grievance will be deemed to have been settled and withdrawn. 10.4 Formal Presentation. 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. 10.5 Compensation Complaints. All formal complaints involving or concerning the payment of compensation shall be initially filed in writing with the Fire Chief. Only complaints which allege that employees are not being compensated in accordance with the provisions of this MOU shall be considered as grievances. Any other matters of compensation are to be resolved in the meeting and conferring process, if not detailed in the MOU which results from such meeting and conferring process, shall be deemed withdrawn until the meeting and conferring process is next opened for such discussion. No adjustments shall be retroactive for more than six (6) months from the date upon which the complaint was filed. No change in this MOU or interpretations thereof (except interpretations resulting from Adjustment Board or arbitration proceedings hereunder) will be recognized unless agreed to by the District and the Association. OAKLEY MOU 2000CLEANA00 14 10.6 Governing Board. The Association may file a grievance at Step 3 on behalf of affected employees when action by the Governing Board violates a provision of this MOU. 10.7 Letters of Reprimand. Letters of reprimand are subject to the grievance procedure but shall not be processed past Step 3. Letters of reprimand shall be served personally or by certified mail on the affected employee. A copy of the letter of reprimand shall be placed in the employee's official personnel file maintained by the District. SECTION 11 -- PERSON!_L 11.1 Inspection. Each employee, or an employee's representative so designated by written authorization of the employee, shall have the right to inspect and review the employee's personnel file upon request at reasonable times and for reasonable periods during the regular business hours of the County. 11.2 Inspection Exclusions. Documentation in the personnel file relating to the investigation of a possible criminal offense, medical records which contain a physician's admonition that the employee not see such records, and information or letters of reference shall be specifically excluded from such inspection and review. 11.3 Employee Response. The County shall afford the employee the opportunity to respond in writing to any information contained in their personnel file. Such response shall be included in the employee's personnel file. SECTION 12 - SAFETY The District shall expend every effort to ensure that the work performed under the terms and conditions of this Memorandum of Understanding is performed with maximum degree of safety consistent with the requirement to conduct efficient operations. SEC'T'ION 13 • EMPLOYEE REPRESENTATION RIGHTS The District recognizes an employee's right to representation during any disciplinary interview or meeting which may result in discipline. The OAKLEY MOU 2000GLEAN.doo 15 District will not interfere with the representative's right to assist an employee to clarify the facts during the interview. SECTION 14 - SERVICE AWARDS The District shall continue its present policy with respect Positive Recognition; provided, however, that the type of award given shall be at the sole discretion of the District. SECTION 15 -ADOPTION The provisions of this MOU shall be made applicable on the dates indicated and upon approval by the Board of Supervisors. Resolutions and Ordinances, where necessary, shall be prepared and adopted in order to implement these provisions. It is understood that where it is determined that an Ordinance is required to implement any of the foregoing provisions, said provisions shall become effective upon the first day of the month following thirty (30) days after such Ordinance is adopted. SECTION 16 - SCOPE OF AGREEMENT & SEPARABIL RY OF PROVISIONS 16.1 Sco ►fie of Agreement. Except as otherwise specifically provided herein, this MOU represents the full and complete incorporation of those proposals which were considered and evaluated pursuant to the meet and confer process. This MOU constitutes the entire and sole agreement between the parties on any and all matters which were presented during the meet and confer process. If a proposal was made by either party and not incorporated within this Agreement, then it was considered and rejected. 16.2 Separability of Proms Qu. 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. 16.3 Duration of Agreement. This Agreement shall continue in full force and effect from October 1, 2000 and ending September 30, 2001. OAKLEY MOU 2000CLEAN.doc 16 SECTION 1Z - PAST PRACTICES Continuance of working conditions and past practices within the scope of representation not specifically authorized by ordinance or by resolution of the Board of Supervisors is not guaranteed by this Memorandum of Understanding. The parties recognize, however, that certain practices exist by virtue of having been acknowledged and accepted by the Fire Chief and representatives of the Union on specific policies covering groups of employees. Any disagreement as to whether such alleged practice within the scope of representation meets the criteria set forth above shall be subject to the grievance procedure. SECTION 18 - UNFAIR LABOR PRACTICE Either the District/County or the Union may file an unfair labor practice as defined in Chapter 84-22 of Resolution 81/1165 against the other. Allegations of an unfair labor practice, if not resolved in discussions between the parties, may, but need not agree to have the allegations heard by a mutually agreed upon impartial third party. SECTION 19 -- MERGERS AN12 REORGANIZABONS In the event of a proposed merger or reorganization, upon written request, the District shall meet and confer with the Association on impact the proposed merger or reorganization may have on items within the scope of representation. .SECTION 20- NO STRIKE. During the term of this MOU, the Union, its members and representatives, agree that it and they will not engage in, authorize, sanction or support any strike, slowdown, refusal to perform customary duties, stoppage of work or sick-out against the District. OAKLEY MOU 2000CLEAN.doc 17 TENTATIVE AGREEMENT Dated: QC DISTRICT OKFA OAKL€Y MOU 2000CL€AN.doc 18 f r� POSITION ADJUSTMENT REQUEST Ct,NIR,K COST" C017N�. RE uucf. r.,' NO. /If39 DATE e• fl• 00 JUL 14 AM 9: 20 DEPARTt\+TENTNO./ COPERS DEPARTMENT:MENT: ealth Servics/Mental Health BUDGET UNIT NO. 0467 ORO NO. 5941 AGENCY NO.A-18 ACTION REQUESTED: Add two gWNuent full-time(40/401 Mental Health Clinical Specialist-Protect{V0521 Positions in the Mental ffeafth Division.. PROPOSED EFFECTIVE DATE: CLASSIFICATION QUESTIONNAIRE ATTACHED:YES NO 371 /Cost is within dept budget: Yes®No TOTAL ONE TIME COSTS{non-salary) ASSOCIATED WITH REQUEST: $ -0- ESTIMATED TOTAL COST ADJUSTMENT(salary/benefits/one-time): TOTAL ANNUALCOST $ 00.952.00 NET COUNTY COST $ -0- TOTAL THIS FY $ .00 N.C.C.THIS FY $ d1- SOURCE OF FUNDING TO OFFSET ADJUSTMENT: Iles:t�nmen, t&evenne 1'59414310 DEPARTMENT MUST INITIATE NECESSARY ADJUSTMENT AND SU%TCAO.USE ADDITIONAL SHEET FOR FURTHER EXPLANATIONS OR COMerso ervices Assistant H (for)William B.Walker,M.D.,Health Services Director REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTME DEPUTY CO STRATOR DAtp HUMAN RESOURCES DEPARTMENT RECOMMENDATION: DATEfl9/-13.x.(10 Add two (2) full-time 40/40 Mental Health Clinical Specialist-Project (VQS2) position at salary level M25-1931 ($3373-5008) Amend Resolution 71/17 establishing positions and resolutionsorating classes to the Basis/E empt salary schedule. Effective: Day following Board Action {date) {fo O OF RESOUtg COUNTY ADMINISTRATOR RECOMMENDATION DATE; au f�Approve Recommendation of Director of Human Resources ( Disapprove Recommendation of Director of Human Resources Other: (fbr),,POL1R1fY ADMINISTRATOR BOARD OF SUPERVISORS Phil Batc I ,Clerk of Board of Supervisors/County Administrator Adjustmen P VED DATE: v1 BY: jez APPROVAL THIS ADJUSTMENT CONSTITUTES A PERSONNELISALARY RESO N ND NT POSITION ADJUSTMENT ACTION TO BE COMPLETED BY HUMAN RESOURCES DEPARTMENT FOLLOWING BOARD ACTION. Adjust classes)/position(s)as follows: IF REQUEST IS TO ADD PROJECT POSITIONS/CLASSES,PLEASE COMPLETE OTHER SIDE '>a REQUEST FOR PROJECT POSITIONS Cal? Health Services Department f Department—Mental Health Services Date May 15,2000 No. Project positions requested: Two (2)Mental Health Clinical Specialist Positions Explain specific duties of position(s): Provide consultation and liaison services to the Employment and Human Services Department-Children and Family Services with regard to mental health services of their clients. Specific duties will include: (1) acting as liaison and resolving conflicts between Child and Family Services, Children's Mental Health, and community mental health providers regarding mental health services for CFS clients, (2) facilitating the authorization of mental health services for CFS clients; (3)monitoring the mental health service delivery system with regard to capacity and effectiveness; (4)maintaining and completing in a timely manner all required paperwork requested by the Mental Health Director. Name/purpose of project and funding source(do not use acronyms,i.e. SB40 Project or SDSS Funds): The purpose of the project, as described above,is to provide consultation and liaison services to the Employment and Human Services Department. The Employment and Human Services Department will reimburse the Health Services Department for these positions through an interdepartmental transfer of funds. EHSD in turn will be reimbursed 75%of the cost of the positions through Title XIX. Duration of the project: Start Date: July 1998 End Date: Ongoing Is funding for a specified period of time(i.e.,2 years)or on a year-to-year basis? Please explain. EHSD has committed to funding these positions on an ongoing basis. Project Annual Cost 1. Salary and Benefit Cost$ 110,000 2. Support Costs $ NLA (services, supplies, equipment, etc.) 3. Less revenue or expenditure$ NLA 4. Net cost to General or other funds $NLA Briefly explain the consequences of not filling the project position(s)in terms of: potential future costs: EHSD clients will have impaired access to mental health services which could result in an escalation of client problems and ensuing increase in cost of services. legal implications: EHSD may have difficulty providing mandated services to clients. The Health Services Department could be vulnerable to grievances that it is not providing sufficient and appropriate access to services for clients with Medi-Cal financial implications: see#a above political implications: None organizational implications: The Mental Health Liaison positions have become an integral part of the interagency collaboration between the Employment and Human Services Department and the Health Service Department/Mental Health Services. POSITION ADJUSTMENT REQUEST NO. / C > DATE ' "NIRA COST� 17N7 r Department No./ COPER Depar ntADM/Ri i R _ r,rt>r Budget Unit No. 0026 Ory No. 1260 Agency No. 03 Action Requested ADD TWO COLLECTION ENFORCEMENT OFFICER TI79RVD) POS=S- JUL 14a-�- Proposed Effective Date: Classif(cation Questionnaire attached: Yes ❑ No RK Cost is within Department's budget: Yes RKNo ❑ Total One-Time Costs (non-salary) associated with request: $ -0- Estimated total cost adjustment (salary/benefits/one time: Total annual cost $ 100,740 Net County Cost $ -0-- Total this FY $ 74,940 N.C.C. this FY $� SOURCE OF FUNDING TO OFFSET ADJUSTMENT- COLLECTION REVENUE DspwWwft mud lnhkt•necommy sdjudmwd and submtt to CAO. Urs adafonW sheet for furt w expWnaftn or comiami or epa nt Head ss=assesses:ss�ss=ass===aessr�rtssa===a-asses===zssssmssaassssss,amose;ssssssssbera,s ==eases=sassssssssm�sers REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPART " I C epu y Countypministrator e ■saaa�asaa=saes:-®esaaaesa=axaees=ass-assaeazsssaaacaasessaarxrses=s sassed=ssaemees,s:ssssaasssass:asaaaaaa HUMAN RESOURCES DEPARTMENT RECOMMENDATION DATESept. 13,2000 Add two(2) Collection Enforcement Offericer II (SMVD) positions at salary level M50-1929 ($3125-3799) Mwnd FbWutton 71/17 sstaNishtng poW dons and modudons WIooadnp chases to pt salary iowul e abrad above. Effective: ❑ Day following Board Action. 1� nrt _1 ` 2000 (Date) ZA or ec o uma espurces sasasaaaes:s�ssesssssasassaaaseea=sescssssaa=sea=aaassaasases escgaasss mesasssssss sass ss�sssssasaaass COUNTY ADMINISTRATOR RECOMMENDATION DATE: Approve Recommendation of Director of Human Resources Disapprove Recommendation of Director of Human Resources Other: Cojr.� TTor7 County Administrator as>s=ssssssasssesaarssssmmsssyssszvoareaaaeeeaacessssrsssass:asses ssssssesssesssssmss:ssssssses:sasaseesa BOARD OF SUPERVISORS AC Phil Bat or, Cle k of the Board of Supervisors AdjustmentAPP OVED � � dnd C my minist r DATE: BY: APPROVAL OF THIS ADJUSTMENT CONSTITUTES A PERSONNEL/SALARY RESOL ION AMENDME ■eesasaacasasssamas:aaseaaaassrsssssesarssssaessassaas eca saaaaaseassasaaasasascasasrcas.asssssaeesssaaaacaa POSITION ADJUSTMENT ACTION TO BE COMPLETED BY HUMAN RESOURCES DEPARTMENT FOLLOWING BOARD ACTION Adjust classes)/position(s) as follows: a f POSITION ADJUSTMENT REQUEST NO. / �l DA 8-7-00 Department No./ COPERS Department ga mmit Budget Unit No., 0357 Org No. Agency No. A 35 Action Requested Fjtahlish na1aa&r+m__a�nt class o Planning, Tec Technician TTT ttd alloQ t - to the Basic Sal"y Schedule at M501976 ($3276-3992)_ Propose $ '- ropose ec ve Date: Classification Questionnaire attached: Yes 0 Nom Cost is within Department's budget: Yes 13 No Q 0 Total One-Tim Costs (non-salary) associated with requests Estimated total .cost adjustment (snlary/benefits/one time: 0 Total annual cost # Net County Cost 0.00 Total this FY $ N.C.C. this FY 0.00 SOURCE OF FUNDING TO OFFSET ADJUSTMENT Zirpsrfemsnl m�e ir+�s and subndt b+�0. � Un adOwAd shit for fkmd r ophtsfiam or amemni nts. , ;, - or Department ea si6li!!!=ff!!!!!i!l!s!lisssssssssssl�isssssissssilssssiisissslsssslssssRssilslsssissssBsslsss REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPENT ' epu y n n s ra ore =i!!!lllllli!!!lsilll!li/illllsill!liiidiill!!!!liiilllssiii`.'�!!ll�Ii!!!!!lilis6�1!!!!!iilliii!!!!! HUNAN RESOURCES DEPARTMENT RECOMMENDATION DATE (Establish the class of Planning Technician III (5178) and Allocate to.-the salary schedule at salary level M50-1975 ($3276-3982) . `;r f Z1 �s ..J � JMensrfts k A w 771!7 pa-1dfl s Sed ro dulbm dbae b to 8WOOMmpt salty saho+ddlr as Effective: n Day following Board Action. D (Date) . . or c r of HUman s si!!!sllisill!!illliiiil�s!!i!!is!lililiii!!!!!!i!i!i l!!i!! !!!slliilil!!l!! illssssssls COUNTY ADMINISTRATOR RECOMMENDATION DATE:ApproveRecommendationRecommendation of Director of Human Resources Disapprove Recomendation of Director of Human Resources 0 Other: o oun n s ra or illsiiiiitii!!!s!i!!si!!i!!!!!i!i!illt�liilliliil! iiill!lliilllllllsllllliiiiiliiil!llift BOARD OF SUPERVISORS J1C Phil Ba h or, C1 of the Board of Supervisors Adjustment APP OVED - and my inis for DATE: BY: APPROVAL OF THIS ADJUSTMENT CONSTITUTES A.PERSONNEL/SALARY RESO ION AMENDME ssssssissaessaslsass!issisisas�asslssassslsssssssssss:lslssssssssssatiissisaslssllssi-Now slsisass=us POSITION ADJUSTMENT ACTION TO BE COMPLETED BY HUNAN RESOURCES DEPARTMENT FOLLOWING BOARD ACTION Adjust class(es)/position(s) as followiss If Request is to Add Project Positiobs/Classes, please complete other side. 95�9POSITION ADJUSTMENT REQUEST 631 N0. / s(o p DA 3a oo • Department Nod DOPER Department Auditor-Controller Budget Unit No. 0010 Org No. 1013 Agency No. Action RequesfeH Reclassif ' Oumbent from-Syslem Accountant II LWVB to Information-System m A V PNB _Proposed Effective Date: Classification Questionnaire attached: Yes 0 No Cost is within Department's budget: Yes 11 No a Total One-Time Costs (non-salary) associated with requests $ 0 Estimated total .cost adjustment (salary/benefits/one time: Total annual cost $ 3,672 Net County Cost $ 3,195 Total this FY $ 3 60 N.C.C. this FY $ 2.992 SOURCE OF FUNDING TO OFFSET ADJUSTMENT Vacancy _ sem#VJM*to GKN. —r /X14-7 e r ea .la!!!!a!!!!!!!!!!!!i!s!!!!!a!a!a!!a!!aallaaia!llaiilala!!!aa!!!!a REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEP Ti oV`+, '— -� y oun9y Administrator Date 11ate!!!s!!solaala,e:!!!ss!!!!!laaa!!al:laaala!!!!!aa!!!!!aa!!ll:as:sae:!!:!!a!a!!a!!ae*tj�laslssl: HUM RESOURCES DEPARTMENT RECOMMENDATION DATE 9 —/_7-cA c =r - RECLASSIFY System Accountant II (LWVB) position No. #00209 to Information Systea Programmer/Analyst IV (LPNB). r, Jklm AMduom` IA7r pow Bund mckftm 19,, 14 olMs b O.!!.. rpt .y X. Effective: 0 D f flowing Board Action. 13 i _(Date) or)-Director o n esources sssssysssassssssslslssslssssssslssssasssaasslsslss! ssasssslsasasssssssassa COUNTY ADMINISTRATOR RECOMMENDATION DATE: DI prove Recoandation of Director of Human Resources sapprove Recommndation of Director of Human Resources 13 Other: r ny Ministrafor roesrslslsslalass:!!a!llsssa:slsasllsssslsaelsslssss:s:ss sasssl:asassassllsssssssssllsssslasalsca BOARD OF SUPERVISORS Phil Bac lor, C1 rk of the Board of Supervisors Adjustment APPROVED V1 and unt dminis tar DATE: BY: APPROVAL OF THIS ADJUSTMENT CONSTITUTES A PERSONNEL/SALARY RESOL ION ANENDME ;r POSITION ADJUSTMENT ACTION TO BE COMPLETED BY HUNAN RESOURCES DEPARTMENT FOLLOWING BOARD ACTION Adjust classes)/position(s) as follows: If Request is to Add Project Pooitions/Classes, please complete other side.