HomeMy WebLinkAboutRESOLUTIONS - 02092016 - 2016/80MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND
CONTRA COSTA COUNTY
DEFENDERS’ ASSOCIATION
JULY 1, 2015 – JUNE 30, 2018
CONTRA COSTA COUNTY
DEFENDERS’ ASSOCIATION
TABLE OF CONTENTS
SECTION 1 ASSOCIATION RECOGNITION ................................................ 4
SECTION 2 ASSOCIATION SECURITY
2.1 Dues Deduction .......................................................................... 4
2.2 Agency Shop .............................................................................. 4
2.3 Dues Form ................................................................................. 6
2.4 Maintenance of Membership ...................................................... 7
2.5 Withdrawal of Membership ......................................................... 7
2.6 Communicating With Employees ............................................... 7
2.7 Use of County Buildings ............................................................. 7
2.8 Advance Notice .......................................................................... 7
2.9 Written Statement for New Employees ...................................... 8
2.10 Assignment of Classes To Bargaining Units .............................. 8
SECTION 3 NO DISCRIMINATION/AMERICANS
WITH DISABILITIES ACT (ADA) .............................................. 8
SECTION 4 ASSOCIATION REPRESENTATIVES
4.1 Attendance at Meetings.............................................................. 9
4.2 Association-Sponsored Training Programs .............................. 10
SECTION 5 SALARIES
5.1 General Wages ........................................................................ 10
5.2 Entrance Salary ........................................................................ 11
5.3 Anniversary Dates .................................................................... 11
5.4 Increments Within Range ......................................................... 12
5.5 Part-Time Compensation ......................................................... 12
5.6 Compensation for Portion of Month .......................................... 12
5.7 Position Reclassification........................................................... 12
5.8 Salary Reallocation & Salary on Reallocation .......................... 13
5.9 Salary on Promotion ................................................................. 14
5.10 Salary on Involuntary Demotion ............................................... 14
5.11 Salary on Voluntary Demotion .................................................. 14
5.12 Pay for Work in Higher Classification ....................................... 14
5.13 Payment ................................................................................... 15
5.14 Discretionary Steps .................................................................. 16
5.15 Parallel Deputy Public Defender Compensation Adjustments .. 17
SECTION 6 DAYS AND HOURS OF WORK
6.1 Definitions ................................................................................ 17
6.2 Timestamp ............................................................................... 17
6.3 Accrual Usage .......................................................................... 18
6.4 Automated Time Keeping ......................................................... 18
SECTION 7 OVERTIME AND COMPENSATORY TIME OFF
7.1 Application of Overtime and
Compensatory Time Off ........................................................... 18
7.2 Overtime ................................................................................... 18
7.3 Compensatory Time ................................................................. 19
7.4 Straight Time Pay and Straight Time Compensatory Time ...... 20
SECTION 8 CALL BACK TIME ................................................................... 21
SECTION 9 WORKFORCE REDUCTION/LAYOFF/REASSIGNMENT
9.1 Workforce Reduction ................................................................ 21
9.2 Separation Through Layoff ....................................................... 22
9.3 Notice ....................................................................................... 25
9.4 Special Employment Lists ........................................................ 25
9.5 Reassignment of Laid Off Employees ...................................... 26
SECTION 10 HOLIDAYS
10.1 Holidays Observed ................................................................... 26
10.2 Holiday is Not Worked and
Falls on Scheduled Work Day .................................................. 27
10.3 Holiday is WORKED and Holiday
Falls on Regularly Scheduled Work Day .................................. 27
10.4 Permanent Intermittent Employees – Holiday is Worked ......... 28
SECTION 11 VACATION LEAVE AND PAID PERSONAL LEAVE
11.1 Vacation Allowance .................................................................. 28
11.2 Vacation Leave on Reemployment From a Layoff List ............. 28
11.3 Accrual Rates –Deputy Public Defenders ................................ 28
11.4 Vacation Accrual Rates – Investigator and Investigator Aide ... 29
11.5 Service Award Date Defined .................................................... 29
11.6 Accrual During Leave Without Pay ........................................... 30
11.7 Vacation Buy-Back ................................................................... 30
11.8 Vacation Allowance for Separated Employees ......................... 31
11.9 Vacation Preference ................................................................. 31
11.10 Annual Administrative Leave (Deputy Public Defenders) ......... 31
SECTION 12 SICK LEAVE
12.1 Purpose of Sick Leave ............................................................. 31
12.2 Credits to and Charges Against Sick Leave ............................. 31
12.3 Policies Governing the Use of Paid Sick Leave ....................... 32
12.4 Administration of Sick Leave .................................................... 34
12.5 Disability ................................................................................... 36
12.6 Workers’ Compensation ........................................................... 38
12.7 Long-Term Disability Insurance ................................................ 41
12.8 State Disability Insurance (SDI) ............................................... 41
12.9 Accrual During Leave Without Pay ........................................... 42
SECTION 13 CATASTROPHIC LEAVE BANK
13.1 Program Design ....................................................................... 43
13.2 Operation ................................................................................. 43
SECTION 14 LEAVE OF ABSENCE
14.1 Leave Without Pay ................................................................... 44
14.2 General Administration – Leaves of Absences ......................... 44
14.3 Furlough Days Without Pay (Voluntary Time Off or “V.T.O.”) ... 45
14.4 Military Leave ........................................................................... 46
14.5 Family Care and Medical Leave (FMLA/CFRA) ....................... 46
14.6 Pregnancy Disability Leave/How Leave Is Counted ................. 46
14.7 Group Health Plan Coverage ................................................... 46
14.8 Leave Without Pay –Use of Accruals ....................................... 47
14.9 Leave of Absence Replacement and Reinstatement ............... 48
14.10 Reinstatement from Family Care/Medical Leave ...................... 48
14.11 Salary Review While on Leave of Absence .............................. 48
14.12 Unauthorized Absence ............................................................. 48
SECTION 15 JURY DUTY AND WITNESS DUTY
15.1 Jury Duty .................................................................................. 48
15.2 Witness Duty ............................................................................ 49
SECTION 16 HEALTH, LIFE & DENTAL CARE
16.1 Health Plan Coverage .............................................................. 50
16.2 Monthly Premium Subsidy ........................................................ 50
16.3 Retirement Coverage ............................................................... 51
16.4 Health Plan Coverages and Provisions .................................... 54
16.5 Family Member Eligibility Criteria ............................................. 54
16.6 Dual Coverage ......................................................................... 55
16.7 Medical Plan Cost-Sharing On and After January 1, 2016 ....... 56
16.8 Life Insurance Benefits ............................................................. 57
16.9 Supplemental Life Insurance .................................................... 57
16.10 Health Care Spending Account ................................................ 58
16.11 PERS Long-Term Care ............................................................ 58
16.12 Dependent Care Assistance Program ...................................... 58
16.13 Premium Conversion Plan ........................................................ 58
16.14 Prevailing Section .................................................................... 58
16.15 Rate Information ....................................................................... 58
16.16 Partial Month ............................................................................ 58
16.17 Coverage During Absences ..................................................... 59
16.18 Child Care ................................................................................ 59
16.19 Health Benefit Coverage for
Employees Not Otherwise Covered ......................................... 59
SECTION 17 PROBATIONARY PERIOD
17.1 Duration .................................................................................... 59
17.2 Revised Probationary Period .................................................... 59
17.3 Criteria ...................................................................................... 60
17.4 Rejection During Probation/Appeal .......................................... 60
17.5 Regular Appointment ............................................................... 60
17.6 Layoff During Probation............................................................ 61
17.7 Rejection During Probation of Layoff Employee ....................... 61
SECTION 18 PROMOTION
18.1 Competitive Exam .................................................................... 61
18.2 Promotion Policy ...................................................................... 62
18.3 Open Exam .............................................................................. 62
18.4 Promotion via Reclassification Without Examination ................ 62
18.5 Requirements for Promotional Standing................................... 62
18.6 Seniority Credits ....................................................................... 62
18.7 Release Time for Physical Examination ................................... 63
18.8 Release Time for Examinations ............................................... 63
SECTION 19 RESIGNATIONS
19.1 Resignation Procedure ............................................................. 63
19.2 Resignation in Good Standing .................................................. 63
19.3 Constructive Resignation ......................................................... 63
19.4 Effective Resignation................................................................ 63
19.5 Revocation ............................................................................... 64
19.6 Coerced Resignations .............................................................. 64
SECTION 20 DISMISSAL, SUSPENSION, TEMPORARY REDUCTION
IN PAY, AND DEMOTION
20.1 Sufficient Cause for Action ....................................................... 64
20.2 Skelly Requirements ................................................................ 65
20.3 Employee Response ................................................................ 66
20.4 Leave Pending Employee Response ....................................... 66
20.5 Length of Suspension .............................................................. 66
20.6 Procedure on Dismissal, Suspension, Temporary Reduction
In Pay, or Demotion ................................................................. 66
20.7 Employee Representation Rights ............................................. 67
SECTION 21 GRIEVANCE PROCEDURE
21.1 Definition and Procedural Steps ............................................... 67
21.2 Filing By The Association At Step 3 ......................................... 69
21.3 Time Limits ............................................................................... 69
21.4 Strike/Work Stoppage .............................................................. 69
SECTION 22 BILINGUAL PAY ..................................................................... 69
SECTION 23 RETIREMENT CONTRIBUTION
23.1 Contribution .............................................................................. 69
23.2 Retirement Benefits – EmployeesWho Become Members
of CCCERA After December 31, 2012 ..................................... 70
SECTION 24 TRAINING AND PROFESSIONAL EXPENSE REIMBURSEMENT
24.1 Deputy Public Defender Professional Expenses ...................... 70
24.2 Public Defender Investigator Professional Expenses ............... 71
24.3 Deputy Public Defender Law School Student
Loan Reimbursement Program ............................................... 71
SECTION 25 COMPUTER VISION CARE (CVC)
USERS EYE EXAMINATION ................................................... 73
SECTION 26 VEHICLE COSTS
26.1 Reimbursement for Use of Personal Vehicle ............................ 73
26.2 Charge for Use of Home Garaged County Vehicle .................. 73
26.3 Investigator Use of County Cars .............................................. 73
SECTION 27 PAY WARRANT ERRORS ...................................................... 73
SECTION 28 FLEXIBLE STAFFING ............................................................. 74
SECTION 29 PERSONNEL FILES ................................................................ 74
SECTION 30 SERVICE AWARDS ................................................................ 76
SECTION 31 REIMBURSEMENT FOR
MEAL EXPENSE ..................................................................... 76
SECTION 32 COMPENSATION FOR LOSS OR DAMAGE
TO PERSONAL PROPERTY ................................................... 77
SECTION 33 UNFAIR LABOR PRACTICE ................................................... 77
SECTION 34 PERMANENT PART-TIME EMPLOYEES
34.1 Benefits .................................................................................... 78
34.2 Hours........................................................................................ 78
SECTION 35 DEPUTY PUBLIC DEFENDER SPECIAL
ASSIGNMENT-EXEMPT & TEMPORARY EMPLOYEES
35.1 Deputy Public Defender Special
Assignment-Exempt (25W2) Employees .................................. 78
35.2 Temporary Employee Leave Benefits ...................................... 79
35.3 Temporary Employee Step Placement ..................................... 80
35.4 Deputy Public Defender Special Assignment-Exempt &
Temporary Employee Grievances ............................................ 81
35.5 Union Dues .............................................................................. 81
SECTION 36 LUNCH PERIOD AND REST BREAKS................................... 82
SECTION 37 ADOPTION .............................................................................. 82
SECTION 38 SCOPE OF AGREEMENT AND
SEVERABILITY OF PROVISIONS
38.1 Scope of Agreement ................................................................ 82
38.2 Severability of Provisions ......................................................... 82
38.3 Personnel Management Regulations ....................................... 82
38.4 Duration of Agreement ............................................................. 83
SECTION 39 FAIR LABOR STANDARDS ACT PROVISIONS .................... 83
SECTION 40 SAFETY IN THE WORKPLACE .............................................. 83
SECTION 41 MISCELLANEOUS PROVISIONS
41.1 Professional Advisory Committee ............................................ 83
41.2 Deferred Compensation ........................................................... 84
ATTACHMENTS
MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND
CONTRA COSTA COUNTY DEFENDERS’ ASSOCIATION
This Memorandum of Understanding (MOU) is entered into pursuant to the authority
contained in Division 34 of Board of Supervisors’ Resolution 81/1165 and has been
jointly prepared by the parties. The Chief of Labor Relations (County Administrator) is
the representative of Contra Costa County in employer-employee relations matters as
provided in Board of Supervisors Resolution 81/1165.
The parties have met and conferred in good faith regarding wages, hours and other
terms and conditions of employment for the employees in units in which the 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 Contra Costa County, as the joint recommendations of the
undersigned for salary and employee benefit adjustments for the term set forth herein.
DEFINITIONS
DEFINITIONS
A. Appointing Authority: Department Head unless otherwise provided by statute
or ordinance.
B. Association: The Contra Costa County Defenders Association.
C. 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.
D. Class Title: The designation given to a class, to each position allocated to the
class, and to the employees allocated to the class.
E. County: Contra Costa County.
F. Demotion: The change of a permanent employee to another position in a class
allocated to a salary range for which the top step is lower than the top step of the
class which the employee formerly occupied except as provided for under
Transfer or as otherwise provided for in this MOU, in the Personnel Management
Regulations, or in specific resolutions governing deep classes.
G. Director of Human Resources: The person designated by the County
Administrator to serve as the Assistant County Administrator-Director of Human
Resources.
H. Eligible: Any person whose name is on an employment or reemployment or
layoff list for a given class.
I. Employee: A person who is an incumbent of a position or who is on leave of
absence in accordance with provisions of this MOU and whose position is held
pending his return.
J. Employment List: A list of persons who have been found qualified for
employment in a specific class.
K. Layoff List: A list of persons who have occupied positions allocated to a class
in the Merit System and who have been involuntarily separated by layoff or
displacement or demoted by displacement, or have voluntarily demoted in lieu of
layoff or displacement, or have transferred in lieu of layoff or displacement.
L. Permanent-Intermittent Position: Any position that requires the services of an
incumbent for an indefinite period of time, but on an intermittent basis, as
needed, paid on an hourly basis. Notwithstanding any other provision of this
MOU, permanent-intermittent employees are entitled to an hourly wage and
FLSA overtime, when applicable, but no other pays or employment benefits,
CCC Defenders’ Association -2- 7/1/15 – 6/30/18 MOU
DEFINITIONS
unless this MOU specifically references “Permanent Intermittent” employees for
a pay or benefit.
M. 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.
N. Permanent Position: Any position which has required, or which will require the
services of an incumbent without interruption, for an indefinite period.
O. 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.
P. Position: The assigned duties and responsibilities calling for the regular full-
time, part-time or intermittent employment of a person.
Q. Reallocation: The act of reassigning an individual position from one class to
another class at the same range of the salary schedule or to a class which is
allocated to another range that is within five percent (5%) of the top step, except
as otherwise provided for in the Personnel Management Regulations, deep class
resolutions or other ordinances.
R. 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.
S. Reemployment List: A list of persons who have occupied positions allocated to
any class in the merit system and who have voluntarily separated and are
qualified for consideration for reappointment under the Personnel Management
Regulations governing reemployment.
T. Resignation: The voluntary termination of permanent employment with the
County.
U. Temporary Employment: Any employment in the Merit System that requires
the services of an incumbent for a limited period of time, paid on an hourly basis,
not in an allocated position and not in permanent status. Notwithstanding any
other provision of this MOU, temporary employees are entitled to an hourly wage
and FLSA overtime, when applicable, but no other pays or employment benefits,
unless this MOU specifically references “Temporary” employees for a pay or
benefit.
CCC Defenders’ Association -3- 7/1/15 – 6/30/18 MOU
SECTION 1 - ASSOCIATION RECOGNITION
V. 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 Public
Defenders Representation Unit certified pursuant to Board of Supervisors’ Resolution
81/1165.
SECTION 2 - ASSOCIATION SECURITY
2.1 Dues Deduction. Pursuant to Board of Supervisors’ Resolution 81/1165,
only a majority representative may have dues deduction and as such the Association
has the exclusive privilege of dues deduction or agency fee deduction for all employees
in its units.
2.2 Agency Shop.
A. The Association agrees that it has a duty to provide fair and non-
discriminatory representation to all employees in all classes in the units for
which this section is applicable regardless of whether they are members
of the Association.
B. All employees employed in a representation unit on or after the effective
date of this MOU and continuing until the termination of the MOU, shall as
a condition of employment either:
1. Become and remain a member of the Association and pay initiation
fees, full dues and assessments or;
2. Pay to the Association, an agency shop fee in an amount which
does not exceed an amount which may be lawfully collected under
applicable constitutional, statutory, and case law, which under no
circumstances shall exceed the monthly dues, initiation fees and
general assessments made during the duration of this MOU. It
shall be the sole responsibility of the Association to determine an
agency shop fee which meets the above criteria; or
3. A person who objects to paying dues and assessments to the
Association on religious grounds shall do both of the following:
a. Execute a written declaration that the employee is a member
of a bona fide religion, body or sect which has historically held
a conscientious objection to joining or financially supporting
CCC Defenders’ Association -4- 7/1/15 – 6/30/18 MOU
SECTION 2 - ASSOCIATION SECURITY
any public employee organization as a condition of
employment; and
b. Shall pay a sum equal to the full fees described in subsection
2.2 (Agency Shop) paragraph B sub-paragraph 1 above to a
non-religious, non-labor, charitable fund chosen by the
employee from the following charities: Family and Children's
Trust Fund, Child Abuse Prevention Council, or Battered
Women's Alternative.
C. The Association shall provide the County with a copy of the Association's
Hudson Notice for the determination and protest of its agency shop fees.
The Association shall provide a copy of said Hudson Notice to every fee
payer covered by this MOU within one month from the date it is approved
and annually thereafter, and as a condition to any change in the agency
shop fee. Failure by an employee to invoke the Association's Hudson
Notice procedure within one month after actual receipt of the Hudson
Notice shall be a waiver by the employee of his or her right to contest the
amount of the agency shop fee.
D. The provisions of subsection 2.2 (Agency Shop) paragraph B sub-
paragraph 2 shall not apply during periods that an employee is separated
from the representation unit but shall be reinstated upon the return of the
employee to the representation unit. The term separation includes
transfer out of the unit, layoff, and leave of absence with duration of more
than thirty (30) days.
E. Annually, the Association shall provide the Director of Human Resources
with copies of the financial report required under MMBA section 3502.5(f).
Such report shall be available to employees in the unit. Failure to file
such a report within sixty (60) days after the end of its fiscal year shall
result in the termination of all agency shop fee deductions without
jeopardy to any employee, until said report is filed, and upon mutual
agreement, this time limit may be extended to one hundred twenty (120)
days.
F. Compliance.
1. An employee employed in or hired into a job class represented by
the Association shall be provided with an Employee Authorization
for Payroll Deduction card by the Human Resources Department.
2. If the form authorizing payroll deduction is not returned within thirty
(30) calendar days after notice of this agency shop fee provision
and the Association dues, agency shop fee, initiation fee or
charitable contribution required under subsection 2.2 (Agency
Shop) paragraph B subparagraph 3 are not received, the
Association may, in writing, direct that the County withhold the
agency shop fee and the initiation fee from the employee's salary,
CCC Defenders’ Association -5- 7/1/15 – 6/30/18 MOU
SECTION 2 - ASSOCIATION SECURITY
in which case the employee's monthly salary shall be reduced by
an amount equal to the agency shop fee and the County shall pay
an equal amount to the Association.
G. The Association shall indemnify, defend, and save the County harmless
against any and all claims, demands, suits, orders, or judgments, or other
forms of liability that arise out of or by reason of this Association security
section, or action taken or not taken by the County under this Section.
This includes, but is not limited to, the County's attorneys' fees and costs.
The provisions of this subsection shall not be subject to the grievance
procedure following the adoption of this MOU by the County Board of
Supervisors.
H. The County Human Resources Department shall monthly furnish a list of
all new hires to the Association.
I. If employees in a bargaining unit represented by the Association vote to
rescind agency shop, the provisions of Subsections 2.4 (Maintenance of
Membership) and 2.5 (Withdrawal of Membership) shall apply to dues-
paying members of the Association.
2.3 Dues Form. Employees in classifications represented by the Association
shall, as a condition of employment, complete an 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 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 Labor Relations Service Unit 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.
Each such 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 completion of the authorization form, receive a
copy of said authorization form which shall be deemed proper notice of his/her right to
revoke said authorization.
CCC Defenders’ Association -6- 7/1/15 – 6/30/18 MOU
SECTION 2 - ASSOCIATION SECURITY
2.4 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 subsection 2.5 (Withdrawal of Membership).
2.5 Withdrawal of Membership. By notifying the Auditor-Controller's
Department in writing, between April 1 and April 30, any employee may withdraw from
Association membership and discontinue paying dues as of the payroll period
commencing June 1, discontinuance of dues payments to then be reflected in the July
10 paycheck. Immediately upon 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. This can only be accomplished if and
when agency shop would be rescinded.
2.6 Communicating With Employees. Representatives of the Association,
not on County time, shall be permitted to place employee literature at designated
locations in County buildings if arranged through the Department Head or designated
representative.
2.7 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.
B. There is no additional material 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. The use of County equipment (other than items normally used
in the conduct of business meetings, such as desks, chairs, ashtrays, and
blackboards) is strictly prohibited, even though it may be present in the
meeting area.
2.8 Advance Notice. The 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 appointed 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
CCC Defenders’ Association -7- 7/1/15 – 6/30/18 MOU
SECTION 3 - NO DISCRIMINATION/AMERICANS WITH DISABILITIES
ACT (ADA)
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 appointed by the Board, determines it must act immediately without
such notice or meeting, it shall give notice and opportunity to meet as soon as practical
after its action.
2.9 Written Statement for New Employees. The County will provide a
written statement to each new employee hired into a classification in any of the
bargaining units represented by the Association, that the employee's classification is
represented by the Association and the name of a representative of the Association.
The County will provide the employee with a packet of information which has been
supplied by the Association and approved by the County. The County shall provide an
opportunity for the Association to make a fifteen (15) minute presentation at the end of
the Human Resources Department’s new employee orientation meetings.
2.10 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 Chief of
Labor Relations 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 his/her determination.
B. Final Determination. His/her 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/she 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 2.1 (Assignment
of Classes To Bargaining Units) paragraph B, unless otherwise mutually
agreed. Thereafter, the procedures in cases of disagreement, arbitration
referral and expenses, and criteria for determination shall conform to
Board of Supervisor's Resolution 81/1165.
SECTION 3 - NO DISCRIMINATION/AMERICANS WITH DISABILITIES ACT (ADA)
To the extent prohibited by applicable law the County shall not discriminate against an
employee because of sex, race, creed, color, national origin, sexual orientation, age,
disability or Association activities.
The County and the Association recognize that the Employer has an obligation to
reasonably accommodate a qualified employee with a disability. If the County
CCC Defenders’ Association -8- 7/1/15 – 6/30/18 MOU
SECTION 4 - ASSOCIATION REPRESENTATIVES
contemplates a reasonable accommodation to comply with the Americans with
Disabilities Act (ADA) or the California Fair Employment and Housing Act (FEHA) and
such accommodation would conflict with any provision of this Agreement, the County
will notify the Association of the proposed accommodation. Upon request within ten
(10) days following such notice, the Association may request that the County meet and
confer with the Association on the impact of such accommodation. The Parties will
meet within seven (7) days following the County’s receipt of such notice to meet and
confer.
If the County and the Association do not reach agreement, the County may implement
the accommodation if required by law without further negotiations. Nothing in this MOU
shall preclude the County from taking actions necessary to comply with the
requirements of the ADA or FEHA.
SECTION 4 - ASSOCIATION REPRESENTATIVES
4.1 Attendance at Meetings. Employees designated as Association
representatives shall be allowed to attend meetings held by County agencies during
regular working hours on County time as follows:
A. If their attendance is required by the County at a specific meeting, including
meetings of the Board of Supervisors.
B. If their attendance is sought by a hearing body or presentation of testimony or
other reasons.
D. If their attendance is required for meetings scheduled at reasonable times
agreeable to all parties, required for settlement of grievances filed pursuant to
Section 21 (Grievance Procedure) of this MOU.
E. If they are designated as an Association 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.
F. 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
arrangements for time away from the employee's work station or assignment are
made with the appropriate department head, and the County agency calling the
meeting is responsible for determining that the attendance of the particular
employee(s) is required, including meetings of the Board of Supervisors and
Retirement Board where items which are within the scope of representation and
involving the Association are to be discussed.
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G. Association representatives shall advise, as far in advance as possible, their
immediate supervisor, or his/her designee, of their intent to engage in
Association business. All arrangements for release time shall include the
location, the estimated time needed and the general nature of the Association
business involved (e.g. grievance meeting, Skelly hearing).
H. Official representatives of the 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 Chief of Labor Relations or
designee 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 Labor Relations Officer, and that
advance arrangements for the time away from the work station or assignment
are made with the appropriate Department Head.
4.2 Association-Sponsored Training Programs. The County shall provide
a maximum of twenty-four (24) hours per year of release time for Association
designated representatives to attend Association-sponsored training programs.
Requests for release time shall be provided in writing to the Department and the County
Human Resources Department at least fifteen (15) days in advance of the time
requested. Department Heads will reasonably consider each request and notify the
affected employee whether such request is approved within one (1) week of receipt.
SECTION 5 - SALARIES
5.1 General Wages.
1.Effective October 1, 2015, the base rate of pay for the classifications of
Deputy Public Defender I, II, III, IV will be increased by five percent (5%).
2.Effective January 1, 2016, the base rate of pay for the classifications of
Deputy Public Defender-Special Assignment-Exempt, Public Defender
Investigative Aide, Public Defender Investigator I, Public Defender
Investigator II, and Senior Public Defender Investigative Aide will be
increased by five percent (5%).
3.Effective July 1, 2016, the base rate of pay for all classifications
represented by the CCCDA will be increased by four and one-half percent
(4.5%).
4.Effective July 1, 2017, the base rate of pay for all classifications above
represented by the CCCDA will be increased by four and one-half percent
(4.5%).
Longevity Pay. Permanent, full-time and permanent part-time employees at ten (10)
years of County service shall receive a two and one-half percent (2.5%) longevity
pay differential. Permanent, full-time employees at fifteen (15) years of
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SECTION 5 - SALARIES
County service shall receive an additional two and one-half percent (2.5%)
longevity pay differential. Permanent, full-time and permanent part-time
employees who have completed twenty (20) years of Contra Costa County
service will receive a two percent (2%) longevity differential effective on the first
day of the month following the month in which the employee qualifies for the
twenty (20) year service award. For those employees who completed twenty (20)
years of service on or before November 1, 2012, this longevity differential will be
paid prospectively only from November 1, 2012.
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 if mutually agreeable guidelines
have been developed in advance or the Director of Human Resources (or designee)
offers to meet and confer with the Association on a case by case basis each time prior
to formalizing the appointment.
5.3 Anniversary Dates. Anniversary dates will be set as follows:
A. New Employees. The anniversary date of a new employee is the first day
of the calendar month after the calendar month when the employee
successfully completes six (6) months service provided however, if an
employee began work on the first regularly scheduled workday of the
month the anniversary date is the first day of the calendar month when the
employee successfully completes six (6) months service.
B. Promotions. The anniversary date of a promoted employee is determined
as for a new employee in subsection 5.3 (Anniversary Dates) Paragraph A
(New Employees) above.
C. Demotions. The anniversary of a demoted employee is the first day of the
calendar month after the calendar month when the demotion was
effective.
D. Transfer, Reallocation & Reclassification. The anniversary date of an
employee who is transferred to another position or one whose position
has been reallocated or reclassified to a class allocated to the same
salary range or to a salary range which is within five percent (5%) of the
top step of the previous classification, remains unchanged.
E. Reemployment. The anniversary of an employee appointed from a
reemployment list to the first step of the applicable salary range and not
required to serve a probation period is determined in the same way as the
anniversary date is determined for a new employee who is appointed the
same date, classification and step and who then successfully completes
the required probationary period.
F. Notwithstanding other provisions of this Section 5 (Salaries), the
anniversary of an employee who is appointed to a classified position from
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SECTION 5 - SALARIES
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 date is one (1) year
after the first calendar day of that month.
5.4 Increments Within Range. The performance of each employee, except
those of employees already at the maximum salary step of the appropriate salary
range, shall be reviewed on the anniversary date as set forth in subsection 5.3
(Anniversary Dates) to determine whether the salary of the employee shall be advanced
to the next higher step in the salary range.
Advancement shall be granted on the affirmative recommendation of the appointing
authority, based on satisfactory performance by the employee. The appointing
authority may recommend denial of the increment or denial subject to one additional
review at some specified date before the next anniversary which must be set at the time
the original report is returned. Except as herein provided, increments within range shall
not be granted more frequently than once a year, nor shall more than one (1) step
within range increment be granted at one time. In case an
appointing authority recommends denial of the within range increment on some
particular anniversary date, but recommends a special salary review at some date
before the next anniversary the special salary review shall not affect the regular salary
review on the next anniversary date. Nothing herein shall be construed to make the
granting of increments mandatory on the County. If an operating department verifies in
writing that an administrative or clerical error was made in failing to submit the
documents needed to advance an employee to the next salary step on the first of the
month when eligible, said advancement shall be made retroactive to the first of the
month when eligible.
5.5 Part-Time Compensation. A part-time employee shall be paid a monthly
salary in the same ratio to the full-time monthly rate to which the employee would be
entitled as a fulltime employee under the provisions of this Section 5 (Salaries), 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 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
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SECTION 5 - SALARIES
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 subsection 5.9 (Salary on
Promotion).
5.8 Salary Reallocation & Salary on Reallocation.
A. In a general salary increase or decrease, an employee in a class which is
reallocated to a salary range above or below that to which it was
previously allocated, when the number of steps remain the same, shall be
compensated at the same step in the new salary range the employee was
receiving in the range to which the class was previously allocated. If the
reallocation is from one salary range with more steps to a range with
fewer steps or vice versa, the 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. If 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 subsection 5.8 (Salary
Reallocation & Salary on Reallocation) paragraph A, 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. If 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. If an employee is in a position which is reallocated to a different class
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. If the steps in the range for the new class do not contain the
same rates as the range for the old class, the incumbent shall be placed
at the step of the new range which is next above the salary rate received
in the old range; or if the new range does not contain a higher step, the
incumbent shall be placed at the step which is next lower than the salary.
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SECTION 5 - SALARIES
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 (Pay for Work in a Higher Classification), shall receive the
salary in the new salary range which is next higher than the rate received before
promotion. If this increase is less than five percent (5%), the employee's salary shall be
adjusted to the step in the new range which is at least five percent (5%) greater than
the next higher step; provided however that the next step shall not exceed the
maximum salary for the higher class. Upon 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 appointed into a class allocated to
a higher salary range than the class from which the employee was laid off, the salary
will be calculated from the highest step the employee achieved prior to layoff, or from
the employee’s current step, whichever is higher.
5.10 Salary on Involuntary Demotion. Any employee who is demoted,
except as provided under subsection 5.11 (Salary on Voluntary Demotion), shall have
his/her salary reduced to the monthly salary step in the range for the class of position to
which he/she has been demoted next lower than the salary received before demotion.
If 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 or she demotes, his or her salary shall remain the same if the steps in
his or her new (demoted) salary range permit, and if not, the new salary shall be set at
the step next below former salary.
5.12 Pay for Work in Higher Classification. When an employee in a
permanent position in the merit system is required to work in a classification for which
the compensation is greater than that to which the employee is regularly assigned, the
employee shall receive compensation for such work at the rate of pay established for
the higher classification pursuant to subsection 5.9 (Salary on Promotion) of this
Memorandum of Understanding, at the start of the second full day in the assignment,
under the following conditions. Payment shall be made retroactive after completing the
first forty (40) consecutive hours worked in the higher classification.
A. W hen an 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.
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SECTION 5 - SALARIES
B. The nature of the departmental assignment is such that the employee in
the lower classification performs a majority of the duties and
responsibilities of the position of the higher classification.
C. Employee selected for the assignment will normally be expected to meet
the minimum qualifications for the higher classification.
D. The County shall make reasonable efforts to offer out of class
assignments to all interested employees on a voluntary basis. Pay for
work in a higher classification shall not be utilized as a promotional
procedure provided in this Memorandum of Understanding.
E. Higher pay assignments shall not exceed six (6) months except through
reauthorization.
F. If approval is granted for pay for work in a higher classification and the
assignment is terminated and later re-approved for the same employee
within one hundred eighty days (180) no additional waiting period will be
required.
G. Any incentives (e.g., the education incentive) and special differentials
(e.g., bilingual differential) accruing to the employee in his/her permanent
position shall continue.
H. During the period of work for higher pay in a higher classification, an
employee will retain his/her permanent classification, and anniversary and
salary review dates will be determined by time in that classification; except
that if the period of work for higher pay in a higher classification exceeds
one year continuous employment, the employee, upon satisfactory
performance in the higher classification, shall be eligible for a salary
review in that class on his/her next anniversary date. Notwithstanding any
other salary regulations, the salary step placement of employees
appointed to the higher class immediately following termination of the
assignment shall remain unchanged.
I. Allowable overtime pay, shift differentials and/or work location differentials
will be paid on the basis of the rate of pay for the higher class.
5.13 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 the advance shall be made on the prescribed form
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SECTION 5 - SALARIES
(form M-208, revised 5/81) and submitted by the fifteenth (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). Such an
election would be effective in the month of the submission and would remain effective
until revoked. In the case of an election made pursuant to this Section 5.13, (Payment),
all required or requested deductions from salary shall be taken from the second
installment, which is payable on the tenth (10th) day of the following month.
5.14 Discretionary Steps.
A. The Public Defender may grant a performance step(s) to incumbents in
the class of Deputy Public Defender IV, subject to the following conditions:
1.Each performance step is equal to two and one-half percent (2½%)
of the affected employee’s base salary rate in effect on December
31 preceding the effective date of the increase.
2.The Public Defender may award a maximum of two (2) merit steps
to the same employee for the same calendar year.
3.The affected employee’s base salary rate must be at the top merit
step of the salary range.
4.The award must be based on an annual evaluation of work
performance.
5.The performance step(s) will be awarded effective January 1st of
the applicable calendar year.
6.Each performance step shall remain in effect for twelve (12)
months from the date performance pay is granted. The Public
Defender may renew the step(s) award in increments of twelve (12)
months at his or her discretion.
7.The Public Defender may rescind a performance step(s) effective
the first of any month based on an evaluation of performance.
B. The Public Defender shall provide to the Department staff by January 31st
of each year the names of employees who have been awarded
performance pay.
C. Effective June 30, 2015, the Public Defender may grant a performance
step(2) to employees in the classification of Deputy Public Defender III
subject to the conditions described in Section 5.14A, above.
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SECTION 6 - DAYS AND HOURS OF WORK
5.15 Parallel Deputy Public Defender Compensation Adjustments.
A. Except as provided in subsection 5.1, General Wages, of this Section, the
Parties agree that the base salary rates and ranges for the corresponding
level(s) of the Public Defender classification series shall be subject to the
same generally applicable base salary rate increases and decreases as
are applied to the corresponding level(s) of the Deputy District Attorney
classification series at the same time such increases or decreases are
applied to that level. For example, if the Deputy District Attorney
classification series is granted a two percent increase, the Deputy Public
Defender classification series will receive a two percent increase. For
purposes of this subsection, corresponding levels are:
•Deputy Public Defender I, II and III corresponds to Deputy District
Attorney Basic;
•Deputy Public Defender IV corresponds to Deputy District Attorney
Advanced.
Nothing in this subsection shall be construed to prevent, truncate, or negate in any
manner any term of the Parties’ Special Agreement concerning Agreed Upon
Temporary Absences (“ATA”).
B. Subsection 5.15, paragraph A does not apply to the Deputy Public
Defender special assignment classification.
C. If the County and Deputy District Attorneys Association hereafter enter
into an MOU that includes any new benefits, deletes or modifies existing
benefits, the same new benefit or deletion or modification of existing
benefits shall simultaneously apply to the Deputy Public Defenders
classification series.
SECTION 6 - DAYS AND HOURS OF WORK
6.1. Definitions.
A. Regular Work Schedule: A regular work schedule is eight (8) hours per
day, Monday through Friday, inclusive, for a total of forty (40) hours per
week.
B. Workweek for Employees on Regular Work Schedules: For
employees on a regular work schedule, the workweek begins at 12:01
a.m. on Monday and ends at 12 midnight on Sunday.
6.2 Timestamp: Each and every temporary and permanent intermittent
employee (hereafter called “hourly employees”) must timestamp in and out as he/she
begins his/her work shift/day, finishes his/her work shift/day, and takes meal breaks.
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SECTION 7 – OVERTIME AND COMPENSATORY TIME OFF
6.3 Accrual Usage: The use of leave accruals must be reported in one
minute increments and may not be rounded.
6.4 Automated Time Keeping: The Association agrees to the
implementation of an automated timekeeping system by the County. The Association
waives its right to meet and confer regarding any impacts that result from the County’s
implementation of the automated timekeeping system. The Association agrees to
convert from the current monthly payroll procedures with an advance to a new payroll
procedure to be determined.
SECTION 7 – OVERTIME AND COMPENSATORY TIME OFF
7.1 Application of Overtime and Compensatory Time Off. Overtime pay
and compensatory time off provided in subsection 7.2, Overtime, subsection 7.3,
Compensatory Time, and subsection 7.4, Straight Time Pay and Straight
Time Compensatory Time, do not apply to employees in classifications in the
Public Defender series or to other employees exempt from overtime under the
Fair Labor Standards Act.
7.2 Overtime.
A. Permanent full-time and part-time employees will be paid overtime pay or
overtime compensatory time off for any authorized work performed:
1)in excess of forty (40) hours per week; or
2)in excess of eight (8) hours per day and that exceed the
employee’s daily number of scheduled hours. For example, an
employee who is scheduled to work ten (10) hours per day and
who works eleven (11) hours on a particular day will be paid one
(1) hour of overtime.
W ork performed does not include non-worked hours. Overtime pay is
compensated at the rate of one and one-half (1-1/2) times the employee's
base rate of pay (not including shift and any other special differentials).
Any special differentials that are applicable during overtime hours worked
will be computed on the employee’s base rate of pay, not on the overtime
rate of pay.
Overtime for permanent employees is earned and credited in a minimum
of one-tenth hour (6 minute) increments and is compensated by either pay
or compensatory time off.
B. Permanent Intermittent and temporary employees will be paid overtime
pay for any authorized work performed in excess of forty (40) hours per
week or in excess of eight (8) hours per day. Work performed does not
include non-worked hours. Overtime pay is compensated at the rate of
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SECTION 7 – OVERTIME AND COMPENSATORY TIME OFF
one and one-half (1.5) times the employee’s hourly base rate of pay (not
including shift or any other special differentials). Any special differentials
that are applicable during overtime hours worked will be computed on the
employee’s base hourly rate of pay, not on the overtime rate of pay.
7.3 Compensatory Time. The following provisions shall apply:
A. Employees may annually elect to accrue overtime compensatory time off
in lieu of overtime pay. Eligible employees who elect to receive
compensatory time off must agree to do so for a full fiscal year (July 1
through June 30). The employee must notify his/her departmental payroll
staff of any change in the election by May 31 of each year.
B. The names of those employees electing to accrue compensatory time off
shall be placed on a list maintained by the Department. Employees who
become eligible (i.e., newly hired employees, employees promoting,
demoting, etc.) for compensatory time off in accordance with these
guidelines must elect to accrue compensatory time or they will be paid for
authorized overtime hours worked.
C. Compensatory time off shall be accrued at the rate of one and one-half (1-
1/2) times the actual authorized overtime hours worked by the employee.
D. Employees may not accrue a compensatory time off balance that exceeds
one hundred twenty (120) hours (i.e., eighty [80] hours at time and one-
half). Once the maximum balance has been attained, authorized overtime
hours will be paid at the overtime rate. If the employee's balance falls
below one hundred twenty (120) hours, the employee shall again accrue
compensatory time off for authorized overtime hours worked until the
employee's balance again reaches one hundred twenty (120) hours.
E. Accrued compensatory time off shall be carried over for use in the next
fiscal year; however, as provided in d above, accrued compensatory time
off balances may not exceed one hundred twenty (120) hours.
F. The use of accrued compensatory time off shall be by mutual agreement
between the Department Head or his/her designee and the employee.
Compensatory time off shall not be taken when the employee should be
replaced by another employee who would be eligible to receive, for time
worked, either overtime payment or compensatory time accruals as
provided for in this Section 7.3 (Compensatory Time). This provision may
be waived at the discretion of the Department Head or his or her
designee.
G. When an employee promotes, demotes, or transfers from one
classification eligible for compensatory time off to another classification
eligible for compensatory time off within the same department, the
employee's accrued compensatory time off balance will be carried forward
with the employee.
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SECTION 7 – OVERTIME AND COMPENSATORY TIME OFF
H. Compensatory time accrual balances will be paid off when an employee
moves from one department to another through promotion, demotion or
transfer. Said payoff will be made in accordance with the provisions and
salary of the class from which the employee is promoting, demoting or
transferring as set forth in subsection 7.3 (Compensatory Time) paragraph
I below.
I. 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, they
shall be paid their accrued hours of compensatory time at the straight time
rate of pay whenever:
1.The employee changes status and is no longer eligible for
compensatory time off.
2.The employee promotes, demotes or transfers to another
department.
3.The employee separates from County service.
4.The employee retires.
J. The Office of the County Auditor-Controller will establish timekeeping
procedures to administer this Section 7 (Overtime and
Compensatory Time Off).
7.4 Straight Time Pay and Straight Time Compensatory Time.
A. Permanent full-time and part-time employees are eligible to receive
straight time pay or straight time compensatory time off for hours worked
in excess of the employee’s daily number of scheduled hours that do not
qualify for overtime pay as described in section 7.2, above.
B. Straight time pay is calculated at the rate of one (1.0) times the
employee’s base rate of pay (not including differentials or shift pays).
C. Straight time compensatory time off is accrued at the rate of one (1.0)
times the number of straight time hours worked as defined in 7.4.A.
above. The election of compensatory time off for overtime hours in lieu of
overtime pay means that the employee also elects to receive
compensatory time off for straight time hours in lieu of straight time pay.
An employee cannot elect to receive straight time compensatory time off
for straight time hours if the employee does not also elect to receive
compensatory time off for overtime hours, and vice versa. For employees
who receive straight time compensatory time off in lieu of straight time
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SECTION 8 – CALL BACK TIME
pay, except as otherwise set forth in this section 7.4, the rules for
administration of compensatory time off described in section 7.3, above,
apply to straight time compensatory time off.
SECTION 8 - CALL BACK TIME
Any Public Defender Investigator or Investigator Aide who is called back to duty will be
paid for Call Back Time. Call Back Time occurs when an employee is not scheduled to
work and is not on County premises, but is called back to work on County premises or
for a County work assignment. An employee called back to work will be paid Call Back
Time Pay at the rate of one and one-half (1.5) times his/her base rate of pay (not
including differentials) for the actual Call Back Time worked plus one (1) hour. An
employee called back to work will be paid a minimum of two (2) hours for each Call
Back Time event.
SECTION 9 - WORKFORCE REDUCTION/LAYOFF/REASSIGNMENT
9.1 Workforce Reduction. If 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. Consider employee requests to reduce their position hours from full-time
to part-time to alleviate the impact of the potential layoffs.
E. Approve requests for reduction in hours, lateral transfers, and voluntary
demotions to vacant, funded positions in classes not scheduled for layoffs
within the department, as well as to other departments not experiencing
funding reductions or shortfalls when it is a viable operational alternative
for the department(s).
F. Review various alternatives which will help mitigate the impact of the
layoff by working through the Tactical Employment Team (TET) program
to:
1.Maintain an employee skills inventory bank to be used as a basis
for referrals to other employment opportunities.
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SECTION 9 - WORKFORCE REDUCTION/LAYOFF/REASSIGNMENT
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 Chief of Labor Relations
(or designee) that the Board of Supervisors may take action which will
result in the layoff of employees in the Public Defender representation
unit, the Chief of Labor Relations (or designee) shall notify the Association
of the possibility of such layoffs and shall meet and confer with the
Association regarding the implementation of the action.
9.2 Separation Through Layoff.
A. Grounds for Layoff. Any employee(s) having permanent status in
position(s) in the merit service may be laid off when the position is no
longer necessary, or for reasons of economy, lack of work, lack of funds
or for such other reason(s) as the Board of Supervisors deems sufficient
for abolishing the position(s).
B. Order of Layoff. The order of layoff in the department shall be based on
inverse seniority in the class of positions, the employee in the 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 permanent part-time position, the least
senior employee being displaced first.
2.In the Same Level or Lower Class. A laid off or displaced
employee who had achieved permanent status in a class at the
same or lower salary level as determined by the salary schedule in
effect at the time of layoff may displace within the department and
in the class 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.
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SECTION 9 - WORKFORCE REDUCTION/LAYOFF/REASSIGNMENT
1.Permanent part-time employees may displace only other
permanent part-time employees with less seniority holding
permanent positions of the same type respectively.
2.A permanent full-time employee may displace any part-time
employee with less seniority.
a)In the same class as provided in Section 9.2 (Separation
Through Layoff) paragraph C sub-paragraph 1 (In the Same
Class) or,
b)In a class of the same or lower salary level as provided in
Section 9.2 (Separation Through Layoff) paragraph C sub-
paragraph 2 (In the Same Level or Lower Class), if no
fulltime 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
only and may in a later layoff displace a full-time employee with
less seniority as provided in these rules.
E. Seniority.
1.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 or otherwise reallocated to a deep class
because the duties of the position occupied are appropriately
described in the deep class shall carry into the deep class the
seniority accrued or carried forward in the former class and
seniority accrued in the other class which have been included in the
deep class. Service for layoff and displacement purposes includes
only the employee's last continuous permanent County
employment. Periods of separation may not be bridged to extend
such service unless the separation is a result of layoff in which
case bridging will be authorized if the employee is reemployed in a
permanent position within the employee's layoff eligibility.
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SECTION 9 - WORKFORCE REDUCTION/LAYOFF/REASSIGNMENT
2.Approved leaves of absence as provided for in these rules and
regulations shall not constitute a period of separation. In the event
of ties in seniority rights in the particular class in question, such ties
shall be broken by length of last continuous permanent County
employment. If there remain ties in seniority rights, such ties shall
be broken by counting total time in the department in permanent
employment. Any remaining ties shall be broken by random
selection among the employees involved.
F. Eligibility for Layoff List. Whenever any person who has permanent status
is laid off, has been displaced, has been demoted by displacement or as
voluntarily demoted in lieu of layoff or displacement, or has transferred in
lieu of layoff or displacement, the person's name shall be placed on the
Layoff List for the class of positions from which that person has been
removed.
G. Order of Names on Layoff. First, layoff lists shall contain the names of
persons laid off, displaced, or demoted because of a layoff or
displacement, or who have voluntarily demoted or 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 & 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 two (2) years.
I. Certification of Persons From Layoff Lists. Layoff lists contain the
name(s) of person(s) laid off, displaced or demoted by displacement or
voluntarily demoted in lieu of layoff or displacement or transferred in lieu
of layoff or displacement. When a request for personnel is received from
the appointing authority of a department from which an eligible(s) was laid
off, the appointing authority shall receive and appoint the eligible highest
on the layoff list from the department. When a request for personnel is
received from a department from which an eligible(s) was not laid off, the
appointing authority shall receive and appoint the eligible highest on the
layoff list who shall be subject to a probationary period. A person
employed from a layoff list shall be appointed at the same step of the
salary range the employee held on the day of layoff.
CCC Defenders’ Association -24- 7/1/15 – 6/30/18 MOU
SECTION 9 - WORKFORCE REDUCTION/LAYOFF/REASSIGNMENT
J. Removal of Names from Layoff Lists. The Director of Human Resources
may remove the name of any eligible from a layoff list for any reason
listed below:
1.For any cause stipulated in Section 404.1 (Causes for
Disqualification) 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
certification mailed to the person's last known address.
6.If the person on the reemployment or layoff list is appointed to
another position in the same or lower classification, the name of the
person shall be removed. 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.
9.3 Notice. The County agrees to give employees scheduled for layoff at
least ten (10) work days notice prior to their last day of employment.
9.4 Special Employment Lists. The County will establish a T.E.T.
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).
Employees in the T.E.T. employment pool shall be guaranteed a job interview for any
vacant funded position for which they meet minimum qualifications. If there are more
than five such employees who express an interest for one vacant funded position, the
CCC Defenders’ Association -25- 7/1/15 – 6/30/18 MOU
SECTION 10 – HOLIDAYS
five most senior employees shall be interviewed. Seniority for this subsection shall be
County seniority.
9.5 Reassignment of Laid Off Employees. Employees who are displaced
within the same classification from fulltime to part-time 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 the 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 10 – HOLIDAYS
10.1 Holidays Observed.
A. The County will observe the following holidays:
January 1st, known as New Year's Day
3rd Monday in January known as
Dr. M. L. King, Jr. Day
3rd Monday in February, known as Presidents' Day
The last Monday in May, known as Memorial Day
July 4th, known as Independence Day
First Monday in September, known as Labor Day
November 11th, known as Veterans Day
4th Thursday in November, known as Thanksgiving
The Friday after Thanksgiving
December 25th, known as Christmas Day
Such other days as the Board of Supervisors may by resolution designate
as holidays.
Any holiday observed by the County that falls on a Saturday is observed on the
preceding Friday and any holiday that falls on a Sunday is observed on the
following Monday.
B. Personal Holiday Credit. Employees are entitled to accrue two (2) hours
of personal holiday credit per month. This time is prorated for part-time
employees. Preference of personal holidays shall be given to employees
according to their seniority in their department as reasonably as possible.
No employee may accrue more than forty (40) hours of personal holiday
CCC Defenders’ Association -26- 7/1/15 – 6/30/18 MOU
SECTION 10 – HOLIDAYS
credit. On separation from County service, employees are paid for any
unused personal holiday credit hours at the employee’s then current pay
rate, up to a maximum of forty (40) hours.
10.2 Holiday is Not Worked and Holiday Falls on Scheduled Work Day.
A. Holidays Observed – Full-time Employees: Each full-time employee is
entitled to observe a holiday (8 hours off work), without a reduction in pay,
whenever a holiday is observed by the County.
B. Holidays Observed – Part time Employees: When a holiday is observed by
the County, each part time employee is entitled to observe the holiday in the
same ratio as his/her number of position hours bears to forty (40) hours,
multiplied by 8 (hours), without a reduction in pay. For example, a part time
employee whose position hours are 24 per week is entitled to 4.8 hours off work
on a holiday (24/40 multiplied by 8 = 4.8). Hereafter, the number of hours
produced by this calculation will be referred to as the “Part Time employee’s
holiday hours.”
When the number of hours in a part time employee’s scheduled work day that
falls on a holiday (“scheduled work hours”) is more than the employee’s “Part
Time employee’s holiday hours,” the employee must use non-sick leave accruals
for the difference between the employee’s “scheduled work hours” and the
employee’s “Part Time employee’s holiday hours.” If the employee does not have
any non-sick leave accrual balances, leave without pay (AWOP) will be
authorized.
10.3 Holiday is WORKED and Holiday Falls on Regularly Scheduled Work
Day.
A. Full-Time Employees: When a full-time employee works on a holiday
that falls on the employee’s regularly scheduled work day, the employee is
entitled to receive his/her regular salary. The employee is also entitled to
receive holiday pay or holiday compensation time at the rate of one and
one half (1.5) times his/her base rate of pay (not including differentials) for
all hours worked, up to a maximum of eight (8) hours. This provision is
applicable only to employees in the following classifications:
6N75 - Public Defender Investigative Aide
6N7A - Public Defender Investigative Assistant
6NWA - Public Defender Investigator I
6NVA - Public Defender Investigator II
6NVB - Senior Public Defender Investigative Aide
B. Part-Time Employees: When a part-time employee works on a holiday
that falls on the employee’s scheduled work day, the part-time employee
is entitled to receive his/her regular salary. The part-time employee is also
entitled to receive holiday pay or holiday compensation time at the rate of
CCC Defenders’ Association -27- 7/1/15 – 6/30/18 MOU
SECTION 11 - VACATION LEAVE AND PAID PERSONAL LEAVE
one (1.5) times his/her base rate of pay (not including differentials) for all
hours worked on the holiday, up to a maximum of the amount of the “Part-
time employee’s holiday hours.” This provision is applicable only to
employees in the following classifications:
6N75 - Public Defender Investigative Aide
6N7A - Public Defender Investigative Assistant
6NWA - Public Defender Investigator I
6NVA - Public Defender Investigator II
6NVB - Senior Public Defender Investigative Aide
10.4 Permanent Intermittent Employees - Holiday is Worked. Permanent
intermittent employees who work on a holiday are entitled to receive overtime pay at the
rate of one and one half (1.5) times his/her base rate of pay (not including differentials)
for all hours worked on the holiday.
SECTION 11 - VACATION LEAVE AND PAID P ERSONAL LEAVE
11.1 Vacation Allowance. Employees in permanent positions are entitled to
vacation with pay. Accrual is based upon straight time hours of working time per
calendar month of service and begins on the date of appointment to a permanent
position. Increased accruals begin on the first of the month following the month in
which the employee qualifies. Accrual for portions of a month shall be in minimum
amounts of one (1) hour calculated on the same basis as for partial month
compensation pursuant to Section 5.8 (Salary Reallocation and Salary Reallocation) of
this MOU. Vacation credits may be taken in one minute increments but 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.
11.2 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 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.
11.3 Accrual Rates - Deputy Public Defenders. The vacation schedule listed
below shall be maintained for Deputy Public Defenders’ Grades I, II, III, IV.
CCC Defenders’ Association -28- 7/1/15 – 6/30/18 MOU
SECTION 11 - VACATION LEAVE AND PAID PERSONAL LEAVE
Maximum
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 - 19 years 13 1/3 320
20 - 24 years 16-2/3 400
25 - 29 years 20 480
30 years and up 23-1/3 560
11.4 Vacation Accrual Rates – Investigator and Investigator Aide.
The rates at which vacation credits accrue for employees in the Public Defender
Investigator and Public Defender Investigator Aide classifications, and the maximum
accumulation thereof are as follows:
Monthly Maximum
Accrual Cumulative
Length of Service Hours Hours
Under 15 years 10 240
15 through 19 years 13-1/3 320
20 through 24 years 16-2/3 400
25 through 29 years 20 480
30 years and up 23-1/3 560
11.5 Service Award Date Defined. An employee’s Service Award Date is the
first day of his or her temporary, provisional, or permanent appointment to a position in
the County. If an employee is first appointed to a temporary or provisional position and
then later appointed to a permanent position, the Service Award Date for that employee
is the date of the first day of the temporary or provisional appointment.
Example One:
1. An employee’s Service Award Date is January 1, 1988.
2. The employee reaches 20 years of service on January 1, 2008.
3. February 1, 2008 is the date on which the employee is eligible to begin accruing
16.66 hours of vacation time each month.
4. The increased vacation hours will first appear on the employee’s March 10, 2008
pay warrant.
Example Two:
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SECTION 11 - VACATION LEAVE AND PAID PERSONAL LEAVE
1.An employee’s Service Award Date is February 24, 1987.
2.The employee reached 20 years of service on February 24, 2007.
3.March 1, 2007 is the date on which the employee is eligible to begin accruing
16.66 hours of vacation time each month.
4.The increased vacation hours will first appear on the employee’s April 10, 2007
pay warrant.
11.6 Accrual During Leave Without Pay. No employee who has been
granted a leave without pay or unpaid military leave shall accrue any vacation credit
during the time of such leave, nor shall an employee who is absent without pay accrue
vacation credit during the absence.
11.7 Vacation Buy-Back.
A. FOR EMPLOYEES HIRED BEFORE NOVEMBER 1, 2012:
Deputy Public Defenders may choose reimbursement for up to one-third
(1/3) of their annual vacation accrual, subject to the following conditions:
1.The choice can be made only once in each calendar year.
2.Payment shall be based on an hourly rate determined by dividing
the employee's monthly salary by 173.33.
3.The maximum number of hours that may be reimbursed in any one
year is one-third (1/3) of the annual accrual.
B. For Employees Hired On and After November 1, 2012:
Employees promoted or hired by the County into any classification
represented by the Contra Costa County Defenders Association on and
after November 1, 2012, are not eligible for the Vacation Buy-Back
benefit. However, any employee who was eligible for a Vacation Buy-
Back benefit before promoting into a classification represented by the
Contra Costa County Defenders Association will retain that benefit after
promoting into a classification represented by the Contra Costa County
Defenders Association.
C. If a lump sum payment has been made in lieu of a retroactive general
salary adjustment for a portion of the calendar year which is subsequent
to exercise by an employee of the vacation buy-back provision herein, that
employee's vacation buy-back shall be adjusted to reflect the percentage
difference in base pay rates upon which the lump sum payment was
computed provided that the period covered by the lump sum payment
included the effective date of the vacation buy-back.
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SECTION 12 - SICK LEAVE
11.8 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.
11.9 Vacation Preference. Use of vacation accruals is by mutual agreement
between the employee and the supervisor and preference of vacation shall be given to
employees according to their order of request as reasonably as possible unless
otherwise provided in the supplemental sections of this Memorandum of
Understanding.
11.10 Annual Administrative Leave (Deputy Public Defenders). Effective
January 1, 2013, On January 1st of each year, permanent full-time employees in paid
status and in the classes of Deputy Public Defender I, II, III, and IV will be credited with
ninety-four (94) hours of paid annual administrative leave to recognize the unavailability
of overtime pay for Deputy Public Defenders. Employees appointed after July 1st will be
credited with forty seven (47) hours of paid annual administrative leave on the first
succeeding January 1st and will be credited with ninety-four (94) hours annually
thereafter. Permanent part-time employees in paid status in the classifications
identified above will be credited with pro-rata administrative leave as described herein.
Annual administrative leave must be used during the calendar year in which credited
and may not be carried forward. Paid administrative leave is separate from paid
vacation and will be accounted for accordingly. Upon separation from County service,
there shall be no payoff for unused administrative leave credits.
SECTION 12 - SICK LEAVE
12.1 Purpose of Sick Leave. The primary purpose of paid sick leave is to
ensure employees against loss of pay for temporary absences from work due to illness
or injury. It is a benefit extended by the County and may be used only as authorized; it
is not paid time off which employees may use for personal activities.
12.2 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.
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 minute
increments. Unused sick leave credits accumulate from year to year.
When an employee is separated other than through retirement, accumulated sick leave
credits shall be 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 layoff eligibility.
Upon retirement, an employee's accumulated sick leave is converted to retirement on
the basis of one day of retirement service credit for each day of accumulated sick leave
credit.
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SECTION 12 - SICK LEAVE
12.3 Policies Governing the Use of Paid Sick Leave.
A. As indicated above, the primary purpose of paid sick leave is to ensure
employees against loss of pay for temporary absences from work due to
illness or injury. The following definitions apply:
1. "Immediate Family" means and includes only the spouse, son,
stepson, daughter, stepdaughter, father, stepfather, mother,
stepmother, brother, sister, grandparent, grandchild, niece,
nephew, father-in-law, mother-in-law, daughter-in-law, son-in-law,
brother-in-law, sister-in-law, foster children, aunt, uncle, cousin,
stepbrother, stepsister, or domestic partner 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.
2. "Employee" means any person employed by Contra Costa County
in an allocated position in the County service.
3. "Paid Sick Leave Credits" means those sick leave credits provided
for by County Salary Regulations and this Memorandum of
Understanding.
4. "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.
B. 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:
1. Temporary Illness or Injury of an Employee. Paid sick leave credits
may be used when the employee is off work because of a
temporary illness or injury.
2. Permanent Disability Sick Leave. Permanent disability means the
employee suffers from a disabling physical injury or illness and is
thereby prevented from engaging in any County occupation for
which the employee is qualified by reason of education, training or
experience. Sick leave may be used by permanently disabled
employees until all accruals of the employee have been exhausted
or until the employee is retired by the Retirement Board, subject to
the following conditions:
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SECTION 12 - SICK LEAVE
a. An application for retirement due to disability has been filed
with the Retirement Board.
b. Satisfactory medical evidence of such disability is received
by the appointing authority within 30 days of the start of use
of sick leave for permanent disability.
c. 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.
3. 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.
4. Sick Leave Utilization for Pregnancy Disability. Employees whose
disability is caused or contributed to by pregnancy, miscarriage,
abortion, childbirth, or recovery there from, 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:
a. 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.
b. Sick leave may not be utilized after the employee has been
released from the hospital unless the employee has
provided the County with a written statement from her
attending physician stating that her disability continues and
the projected dates of the employee's recovery from such
disability.
5. Medical and Dental Appointments. An employee may use paid sick
leave credits:
a. For working time used in keeping medical and dental
appointments for the employee's own care; and
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SECTION 12 - SICK LEAVE
b.For working time used by an employee for pre-scheduled
medical and dental appointments for an immediate family
member.
6.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.
7.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 or of the employee’s domestic partner, but this
shall not exceed three (3) working days, plus up to two (2) days of
work time for necessary travel. Use of additional accruals including
sick leave when appropriate may be authorized in conjunction with
the bereavement leave at the discretion of the appointing authority.
8.Legal Adoption of a Child. Paid sick leave credits may be used by
an employee upon adoption of the child.
9.Accumulated paid sick leave credits may not be used in the
following situations:
a. Vacation. Paid sick leave credits may not be used for an
employee's illness or injury which occurs while he/she is on
vacation but the Public Defender may authorize it when extenuating
circumstances exist and the appointing authority approves.
b.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.
12.4 Administration of Sick Leave. The proper administration of sick leave is
a responsibility of the employee and the department head. Unless otherwise provided
in the supplemental sections of this MOU, the following procedures apply:
A. Employee Responsibilities
1.Employees are responsible for notifying their department of an
absence prior to the commencement of their work shift or as soon
thereafter as possible. Notification shall include the reason and
possible duration of the absence.
2.Employees are responsible for keeping their department informed
on a continuing basis of their condition and probable date of return
to work.
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SECTION 12 - SICK LEAVE
3.Employees are responsible for obtaining advance approval from
their supervisor for the scheduled time of pre-arranged personal or
family medical and dental appointments.
4.Employees are encouraged to keep the department advised of (1)
a current telephone number to which sick leave related inquiries
may be directed, and (2) any condition(s) and/or restriction(s) that
may reasonably be imposed regarding specific locations and/or
persons the department may contact to verify the employee's sick
leave.
B. Department Responsibilities. The use of sick leave may properly be
denied if these procedures are not followed. Abuse of sick leave on the
part of the employee is cause for disciplinary action. Departmental
approval of sick leave is a certification of the legitimacy of the sick leave
claim. The department head or designee may make reasonable inquiries
about employee absences. The department may require medical
verification for an absence of three (3) or more working days. The
department may also require medical verification for absences of less
than three (3) working days for probable cause if the employee had been
notified in advance in writing that such verification was necessary.
Inquiries may be made in the following ways:
1.Calling the employee's residence telephone number or other
contact telephone number provided by the employee if telephone
notification was not made in accordance with departmental sick
leave call-in guidelines. These inquiries shall be subject to any
restrictions imposed by the employee under subsection 12.4
(Administration of Sick Leave) paragraph A.
2.Obtaining the employee's signature on the Absence/Overtime
Record, or on another form established for that purpose, as
employee certification of the legitimacy of the claim.
3.Obtaining the employee's written statement of explanation
regarding the sick leave claim.
4.Requiring the employee to obtain a physician's certificate or
verification of the employee's illness, date(s) the employee was
incapacitated, and the employee's ability to return to work, as
specified above.
5.In absences of an extended nature, requiring the employee to
obtain from their physician a statement of progress and anticipated
date on which the employee will be able to return to work, as
specified above. Department heads are responsible for
establishing timekeeping procedures which will insure the
submission of a time card covering each employee absence and
for operating their respective offices in accordance with these
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SECTION 12 - SICK LEAVE
policies and with clarifying regulations issued by the Office of the
County Administrator. To help assure uniform policy application,
the Director of Human Resources or designated management staff
of the County Human Resources Department should be contacted
with respect to sick leave determinations about which the
department is in doubt.
12.5 Disability.
A. An employee physically or mentally incapacitated for the performance of
duty is subject to dismissal, suspension or demotion, subject to the
County Employees Retirement Law of 1937. An appointing authority after
giving notice may place an employee on leave if the appointing authority
has filed an application for disability retirement for the employee, or whom
the appointing authority believes to be temporarily or permanently
physically or mentally incapacitated for the performance of the 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 employees paid time
a physical, medical examination by a licensed physician and/or a
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 Director of
Human Resources may order lost pay restored for good cause and
subject to the employee's duty to mitigate damages.
D. Before an employee returns to work from any absence for illness or injury,
other leave of absence or disability leave, exceeding two weeks in
duration, the appointing authority may order the employee to undergo at
County expense a physical, medical, and/or psychiatric examination by a
licensed physician, and may consider a report of the findings on such
examination. If the report shows that such employee is physically or
mentally incapacitated for the performance of duty, the appointing
authority may take such action as he/she deems necessary in accordance
with appropriate provisions of this MOU.
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SECTION 12 - SICK LEAVE
E. Before an employee is placed on an unpaid leave of absence or
suspended because of physical or mental incapacity under subsection
12.5 (Disability) paragraphs (A) or (B), 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 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 mail, effective either upon
personal delivery or deposit in the US 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.
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
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SECTION 12 - SICK LEAVE
2.The physical or mental health condition does exist, but it is not
sufficient to prevent, preclude, or impair the employee's
performance of duty, or is not sufficient to endanger the health or
safety of the employee, other employees, or the public.
K. If the appeal is to the Merit Board, the order and appeal shall be
transmitted by the Director of 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’s fees and
expenses shall be paid one-half by the County and one-half by the
employee or the employee’s Association. 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. The scope of the
arbitrator's review shall be as follows:
1.The arbitrator may affirm, modify or revoke the leave of absence or
suspension.
2.The arbitrator may make his decision based only on evidence
submitted by the County and the employee.
3.The arbitrator may order back pay or paid sick leave credits for any
period of leave of absence or suspension if the leave or suspension
is found not to be sustainable, subject to the employee's duty to
mitigate damages.
12.6 Workers' Compensation.
A. Benefit Level. A permanent employee shall continue to receive the
appropriate percent of regular monthly salary for all accepted claims filed
before January 1, 2000, during any period of compensable temporary
disability absence not to exceed one year. For all accepted claims filed
with the County on or after January 1, 2000, the percentage of pay for
employees entitled to Workers’ Compensation shall be decreased from
87% to 86%. For all accepted claims filed with the County on or after
January 1, 2007, the percentage of pay for employees entitled to Workers’
Compensation shall be decreased from 86% to 80%. For all accepted
claims filed with the County on or after January 1, 2008, the percentage of
pay for employees entitled to Workers’ Compensation shall be decreased
from 80% to 75%. If Workers’ Compensation becomes taxable, the
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SECTION 12 - SICK LEAVE
County agrees to restore the original benefit level (100% of monthly
salary) and the parties shall meet and confer with respect to funding the
increased cost.
B. Waiting Period. There is a three (3) calendar day waiting period before
Workers' Compensation benefits commence. If the injured worker loses
anytime on the day of injury, that day counts as day one (1) of the waiting
period. If the injured worker does not lose time on the date of injury, the
waiting period will be the first three (3) calendar days the employee does
not work because of the injury. The time the employee is scheduled to
work during this waiting period will be charged to the employee's sick
leave and/or vacation accruals. In order to qualify for Workers'
Compensation the employee must be under the care of a physician.
Temporary compensation is payable on the first three (3) days of disability
when the injury necessitates hospitalization, or when the disability
exceeds fourteen (14) days.
C. Continuing Pay. A permanent employee shall receive the appropriate
percentage as outlined above of regular monthly salary during any period
of compensable temporary disability not to exceed one (1) year. Payment
of continuing pay and/or temporary disability compensation is made in
accordance with Part 2, Article 3 of the Workers’ Compensation Laws of
California. "Compensable temporary disability absence" for the purpose
of this Section, is any absence due to work connected disability which
qualifies for temporary disability compensation as set forth in Part 2,
Article 3 of the Workers’ Compensation Laws of California. When any
disability becomes medically permanent and stationary and/or reaches
maximum medical improvement, the salary provided by this Section shall
terminate. No charge shall be made against sick leave or vacation for
these salary payments. Sick leave and vacation rights shall not accrue for
those periods during which continuing pay is received. Employees shall
be entitled to a maximum of one (1) year of continuing pay benefits.
D. Termination of Continuing Pay. Continuing pay begins at the same time
that temporary Workers' Compensation benefits commence and
continues until either the member is declared medically
permanent/stationary and/or reaches maximum medical improvement, or
until one (1) year of continuing pay, whichever comes first provided the
employee remains in an active employed status. Continuing pay is
automatically terminated on the date an employee is separated from
County service by resignation, retirement, layoff, or the employee is no
longer employed by the County. In these instances, employees will be
paid Workers’ Compensation benefits as prescribed by Workers’
Compensation laws. All continuing pay will be cleared through the County
Administrator’s Office, Risk Management Division. Whenever an
employee who has been injured on the job and has returned to work is
required by an attending physician to leave work for treatment during
working hours the employee shall be allowed time off up to three (3) hours
for such treatment without loss of pay or benefits, provided the employee
CCC Defenders’ Association -39- 7/1/15 – 6/30/18 MOU
SECTION 12 - SICK LEAVE
notifies his/her supervisor of the appointment at least three (3) working
days prior to the appointment or as soon as the employee becomes aware
the appointment has been made. Said visits are to be scheduled
contiguous to either the beginning or end of the scheduled work day
whenever possible. This provision applies only to injuries/illnesses that
have been accepted by the County as work related.
E. Extended Temporary Disability. If an injured employee remains eligible
for temporary disability beyond one year, applicable salary will continue by
integrating sick leave and/or vacation accruals with Workers'
Compensation benefits (vacation charges to be approved by the
department and the employee). If salary integration is no longer available,
Workers' Compensation benefits will be paid directly to the employee as
prescribed by Workers' Compensation laws.
F. Rehabilitation Integration. An injured employee who is eligible for
Workers' Compensation rehabilitation temporary disability benefits and
whose disability is medically permanent and stationary and/or reaches
maximum medical improvement, will continue to receive salary by
integrating sick leave and/or vacation accruals with Workers'
Compensation rehabilitation temporary disability benefits until those
accruals are exhausted. Thereafter, the rehabilitation temporary disability
benefits will be paid directly to the employee.
G. Health Insurance. The County contribution to the employee's group
insurance plan(s) continues during the continuing pay period and during
integration of sick leave or vacation with Workers' Compensation benefits.
H. Method of Integration. An employee's sick leave and/or vacation charges
shall be calculated as follows:
C = 8 [1 - (W÷S)]
C = Sick leave or vacation charge per day (in hours)
W = Statutory Workers' Compensation for a month
S = Monthly salary
For example:
W = $960 per month Workers' Compensation
S = $1667 per month salary
8 = 8 hours
C = Hours to be charged to Sick Leave
C = 8 [1 - ($960 ÷ $1,667)]
C = 8 [1 - (.5758)]
C = 8 (.4242)
C = 3.39
3 hours chargeable to sick leave
5 hours chargeable to Workers' Compensation
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SECTION 12 - SICK LEAVE
12.7 Long-Term Disability Insurance. Deputy Public Defenders will be
covered by a long-term disability insurance policy identical with that currently covering
employees in the Deputy District Attorney class series.
12.8 State Disability Insurance (SDI).
A. Applicability. This subsection 12.8, State Disability Insurance, applies
only to Public Defender Investigators.
B. General Provisions. Contra Costa County participates in the State
Disability Insurance (SDI) program, subject to the rules and procedures
established by the State of California. The County augments the SDI
program with its SDI Integration Program. Changes to the State Disability
Insurance program could affect the County’s SDI Integration Program.
Determination of SDI payments and eligibility to receive payments is at
the sole discretion of the State of California. Employees eligible for SDI
benefits are required to apply for SDI benefits and to have those benefits
integrated with the use of their sick leave accruals on the following basis:
“Integration” means that employees are required to use their sick leave
accruals to supplement the difference between the amount of the SDI
payment and the employee’s base monthly salary. Integration of sick
leave with the SDI benefit is automatic and cannot be waived. Integration
applies to all SDI benefits paid. For employees off work, on disability, and
receiving SDI, the employee’s County department will make appropriate
integration adjustments, including retroactive adjustments, if necessary.
Employees must inform their department of a disability in a timely manner
in order for the department to make appropriate integration adjustments.
SDI benefit payments will be sent directly to the employee by the State of
California.
When there are insufficient sick leave accruals available to fully
supplement the difference between the amount of the SDI payment and
the employee’s base monthly salary, accruals other than sick leave may
be used to supplement the difference between the amount of the SDI
payment and the employee’s base monthly salary. These accruals may
be used only to the extent that the total payment does not exceed the
employee’s base monthly salary.
C. Procedures. Employees with more than one and two tenths (1.2) hours of
sick leave accruals at the beginning of the disability integration period
must integrate their sick leave accrual usage with their SDI benefit to the
maximum extent possible.
When employees have one and two tenths (1.2) hours or less of sick
leave accruals at the beginning of the disability integration period, the
Department will automatically use one tenth (1/10th) hours of sick leave
per month for the duration of their SDI benefit.
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SECTION 12 - SICK LEAVE
W hen the SDI benefit is exhausted, integration terminates. The employee
then may continue to use sick leave without integration and/or other
accruals.
W hen sick leave accruals are totally exhausted, integration with the SDI
benefit terminates.
Employees whose SDI claims are denied must present a copy of their
claim denial to their Department. The Department will then authorize the
use of unused sick leave and/or other accruals as appropriate.
D. Method of Integration. For purposes of integration with the SDI program,
all full-time employees’ schedules will be converted to eight (8) hour/five
(5) day weekly work schedules.
The formula for full time employees’ sick leave integration charges is as
follows:
L = [S-D ÷ S] x 8
S = Employee Base Monthly Salary
H = Estimated Highest Quarter (3 mos) Earnings [H = S x 3]
W = Weekly SDI Benefit from State of California SDI Weekly Benefit
Table
C = Calendar Days In Each Month
D = Estimated Monthly SDI Benefit [D=(W ÷ 7) x C]
L = Sick Leave Hours Charged Per Day
Permanent part-time employees, permanent-intermittent employees, and full-time
employees who are working a light/limited duty reduced schedule, will have their sick
leave integration adjusted accordingly.
E. Definition. “Base Monthly Salary”, for purposes of the SDI integration
program, is defined as the salary amount of the employee’s step on the
salary schedule of the employee’s classification at the time of integration.
F. No Buy-Back. Employees will not be allowed to buy back sick leave hours
used by the employee while on SDI.
12.9 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.
CCC Defenders’ Association -42- 7/1/15 – 6/30/18 MOU
SECTION 13 - CATASTROPHIC LEAVE BANK
SECTION 13 - CATASTROPHIC LEAVE BANK
13.1 Program Design. The County Human Resources Department will
operate a Catastrophic Leave Bank which is designed to assist any County employee
who has exhausted all paid accruals due to a serious or catastrophic illness, injury, or
condition of the employee or family member. The program establishes and maintains a
Countywide bank wherein any employee who wishes to contribute may authorize that a
portion of his/her accrued vacation or personal holiday credit be deducted from those
account(s) and credited to the Catastrophic Leave Bank. Employees may donate hours
either to a specific eligible employee or to the bank. Upon approval, credits from the
Catastrophic Leave Bank may be transferred to a requesting employee's sick leave
account so that employee may remain in paid status for a longer period, thus partially
ameliorating the financial impact of the illness, injury, or condition. Catastrophic illness
or injury is defined as a critical medical condition, a long-term major physical
impairment or disability which manifests itself during employment.
13.2 Operation.
A. The plan will be administered under the direction of the Director of Human
Resources. The Human Resources Department will be responsible for
receiving and recording all donations of accruals and for initiating transfer
of credits from the bank to the recipient's sick leave account.
Disbursement of accruals will be subject to the approval of a six (6)
member committee composed of three (3) members appointed by the
County Administrator and three (3) members appointed by the majority
representative employee organizations. The committee shall meet as
necessary to consider all requests for credits and shall make
determinations as to the appropriateness of the request. The committee
shall determine the amount of accruals to be awarded for employees
whose donations are nonspecific. Consideration of all requests by the
committee will be on an anonymous requester basis.
B. Hours transferred from the Catastrophic Leave Bank to a recipient will be
in the form of sick leave accruals and shall be treated as regular sick
leave accruals. To receive credits under this plan, an employee must
have permanent status, must have exhausted all time off accruals to a
level below eight (8) hours total, have applied for a medical leave of
absence and have medical verification of need. Donations are irrevocable
unless the donation to the eligible employee is denied. Donations may be
made in hourly blocks with a minimum donation of not less than four (4)
hours per donation from balances in the vacation, holiday, floating holiday,
compensatory time, or holiday compensatory time accounts. Employees
who elect to donate to a specific individual shall have seventy-five percent
(75%) of their donation credited to the individual and twenty-five percent
(25%) credited to the Catastrophic Leave Bank. Time donated will be
converted to a dollar value and the dollar value will be converted back to
sick leave accruals at the recipient's base hourly rate when disbursed.
Credits will not be on a straight hour-for-hour basis. All computations will
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SECTION 14 - LEAVE OF ABSENCE
be on a standard 173.33 basis, except that employees on other than a
forty (40) hour week will have hours prorated according to their status.
C. Any recipient will be limited to a total of one thousand forty (1040) hours
or its equivalent per catastrophic event; each donor will be limited to one
hundred twenty (120) hours per calendar year.
D. No element of this plan is grievable. All appeals from either a donor or
recipient will be resolved on a final basis by the Director of Human
Resources. No employee will have any entitlement to catastrophic leave
benefits. The award of Catastrophic Leave will be at the sole discretion of
the committee, both as to amounts of benefits awarded and as to persons
awarded benefits. Benefits may be denied, or awarded for less than six
(6) months. The committee will be entitled to limit benefits in accordance
with available contributions and to choose from among applicants, on an
anonymous basis, those who will receive benefits, except for hours
donated to a specific employee. In the event a donation is made to a
specific employee and the committee determines the employee does not
meet the Catastrophic Leave Bank criteria, the donating employee may
authorize the hours to be donated to the bank or returned to the donor’s
account. The donating employee will have fourteen (14) calendar days
from notification to submit his/her decision regarding the status of their
donation, or the hours will be irrevocably transferred to the Catastrophic
Leave Bank. Any unused hours transferred to a recipient will be returned
to the Catastrophic Leave Bank.
SECTION 14 - LEAVE OF ABSENCE
14.1 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.
14.2 General Administration - Leaves of Absence.
A. 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. Leave without pay may be granted for any of the
following reasons:
1. Illness or disability.
2. Pregnancy.
3. Parental.
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SECTION 14 - LEAVE OF ABSENCE
4.To take a course of study such as will increase the employee's
usefulness on return to the position.
5.For other reasons or circumstances acceptable to the appointing
authority.
B. An employee must request a leave of absence without pay 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 Public Defender within five (5) days of learning of the
event by which the need for the leave of absence arises.
C. A leave without pay may be for a period not to exceed one (1) year,
provided the appointing authority may extend such leave for additional
periods. The procedure in granting extensions shall be the same as that
in granting the original leave, provided that the request for extension must
be made not later than thirty (30) calendar days before the expiration of
the original leave.
D. W henever an employee who has been granted a leave without any 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 appointing authority. The Human Resources Department
shall be notified promptly of such return.
E. Except in the case of leave of absence due to family care, pregnancy,
pregnancy disability, illness, or serious health condition, the decision of
the appointing authority on granting or denying a 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.
14.3 Furlough Days Without Pay (Voluntary Time Off or “V.T.O.”). 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 subsection 5.6 (Compensation for Portion of Month) of this
MOU. Full-time and part-time employees who take furlough time shall have their
vacation, sick leave, floating holiday, and any other payroll computed accruals
computed as though they had worked the furlough time. When computing vacation,
sick leave, floating holiday and other accrual credits for employees taking furlough time,
this provision shall supersede subsections 10.1 (Holidays Observed), 11.1 (Vacation
Allowance), 11.4 (Accrual During Leave Without Pay), 12.2 (Credits to and Charges
Against Sick Leave), and 12.7 (Accrual During Leave Without Pay) of this MOU
regarding the computation of vacation, sick leave, floating holiday, and other accrual
CCC Defenders’ Association -45- 7/1/15 – 6/30/18 MOU
SECTION 14 - LEAVE OF ABSENCE
credits as regards furlough time only. For payroll purposes, furlough time (absence
without pay with prior authorization of the appointing authority) shall be reported
separately from other absences without pay to the Auditor-Controller. The existing
V.T.O. program shall be continued for the life of the contract.
14.4 Military Leave. Any employee who is ordered 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. Additionally, any employee who volunteers for service during a
mobilization under Executive Order of the President or Congress of the United States
and/or the State Governor in time of emergency shall be granted a leave of absence in
accordance with applicable state or federal laws. Upon the termination of such service
or upon honorable discharge, the employee shall be entitled to return to his/her position
in the classified service provided such still exists and the employee is otherwise
qualified, without any loss of standing of any kind whatsoever.
An employee who has been granted a military leave shall not, because 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.
14.5 Family Care and Medical Leave (FMLA/CFRA). Upon request to the
Public Defender, any eligible employee shall be entitled to twelve (12) weeks leave
(less if so requested by the employee) in any twelve (12) month period for any of the
reasons set forth in the federal Family Medical Leave Act (FMLA) and California Family
Rights Act (CFRA). The twelve (12) month period in which the twelve week leave
entitlement occurs is a “rolling” twelve (12) month period measured backward from the
date an employee uses any FMLA/CFRA leave. Under the “rolling” twelve (12) month
period, each time an employee takes FMLA/CFRA leave, the remaining leave
entitlement would be any balance of the twelve (12) weeks which has not been used
during the immediately preceding twelve (12) months. FMLA/CFRA leave eligibility and
use will be administered in accordance with the FMLA and CFRA and their
implementing regulations, as revised from time to time.
14.6 Pregnancy Disability Leave/How Leave Is Counted.
Insofar as pregnancy disability leave is used under subsection 12.3, paragraph B, sub-
paragraph 4 (Sick Leave Utilization for Pregnancy Disability), that time will not be
considered a part of the twelve (12) week family care leave period.
14.7 Group Health Plan Coverage. Employees who were members of one of
the group health plans prior to commencement of their leave of absence can maintain
their health plan coverage with the County contribution by maintaining their employment
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SECTION 14 - LEAVE OF ABSENCE
in pay status as described in subsection 14.8 (Leave Without Pay – Use of Accruals).
During the twelve (12) weeks of an approved family medical leave under subsection
14.5 (Family Care And Medical Leave) 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 subsection 14.8 (Leave Without Pay – Use of Accruals). 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.
14.8 Leave Without Pay - Use of Accruals.
A. All Leaves of Absence. During the first twelve (12) month period of any
leave of absence without pay, an employee may elect to maintain pay
status each month by using available sick leave (if so entitled under
subsection 12.3 - Policies Governing the Use of Paid Sick Leave),
vacation, floating holiday, 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 Long Term Disability (“LTD”) Benefit
Coordination (for employees in the Public Defender series) or by Sick
Leave Integration or as provided in the sections below.
B. California Family Rights Act (CFRA) and Federal Medical Leave Act
(FMLA). During the twelve (12) weeks of an approved family medical
leave (FMLA/CFRA), 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 subsection 12.3 - Policies
Governing the Use of Paid Sick Leave), vacation, floating holiday, or other
accruals or entitlements if such are available, although use of additional
accruals is permitted under subsection 14.8, paragraph A (All Leaves of
Absence) above.
C. Leave of Absence/Long Term Disability (LTD) Benefit Coordination. An
eligible employee who files an LTD claim and concurrently takes a leave
of absence without pay will be required to use accruals as provided in
subsection 14.8 (All Leaves of Absence) paragraph B herein during the
twelve (12) week entitlement period of a medical leave specified above. If
an eligible employee continues beyond the twelve (12) week entitlement
period on a concurrent leave of absence/LTD claim, the employee may
choose to maintain further pay status only as allowed under subsection
14.8 paragraph A (All Leaves of Absence) herein.
D. Sick leave accruals may not be used during any leave of absence, except
as allowed under subsection 12.3 (Policies Governing the Use of Paid
Sick leave).
CCC Defenders’ Association -47- 7/1/15 – 6/30/18 MOU
SECTION 15 - JURY DUTY AND WITNESS DUTY
14.9 Leave of Absence Replacement and Reinstatement. Any permanent
employee who requests reinstatement to the classification held by the employee in the
same department at the time the employee was granted a leave of absence, shall be
reinstated to a position in that classification and department and then only on the basis
of seniority. In case of severance from service due to the reinstatement of a permanent
employee, the provisions of Section 10 (Workforce Reduction/Layoff/Reassignment)
shall apply.
14.10 Reinstatement From Family Care/Medical Leave. In the case of a
family care or medical leave, an employee on a 5/40 schedule shall be reinstated to the
same or comparable position if the return to work is after no more than 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 seven
hundred twenty (720) hours, including use of accruals, of intermittent or reduced
schedule leave. At the time the original leave is approved, the appointing authority shall
notify the employee in writing of the final date to return to work, or the maximum
number of hours of leave, in order to guarantee reinstatement to the same or
comparable position. An employee on a schedule other than 5/40 shall have the time
frame for reinstatement to the same or comparable position adjusted on a pro rata
basis.
14.11 Salary Review While on Leave of Absence. The salary of an employee
who is on leave of absence from a County position on any anniversary date and who
has not been absent from the position on leave without pay more than six (6) months
during the preceding year, shall be reviewed on the anniversary date. Employees on
military leave shall receive salary increments that may accrue to them during the period
of military leave.
14.12 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.
SECTION 15 - JURY DUTY AND WITNESS DUTY
15.1 Jury Duty.
A. W hen called for jury duty, County employees, like other citizens, are
expected to discharge their jury duty responsibilities.
B. Employees shall advise their department as soon as possible if scheduled
to appear for jury duty.
C. If summoned for jury duty in a Superior or Federal Court, or a Coroners
jury, employees may remain in their regular County pay status, or they
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may take paid leave (vacation, floating holiday, etc.) or leave without pay
and retain all fees and expenses paid to them.
D. W hen an employee is summoned for jury duty selection or is selected as
a juror in a 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:
1.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.
An "Absence/Overtime Record" (“AOR”) is not required.
2.An employee who elects to retain all fees must take leave
(vacation, floating holiday, etc.) or leave without pay. A court
certificate is not required but an Absence/Overtime Record (“AOR”)
must be submitted to the department payroll clerk.
E. 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.
F. An employee on short notice standby to report to court, whose job duties
make short notice response impossible or impractical, shall be given
alternate work assignments for those days to enable them to respond to
the court on short notice.
G. W hen 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.
15.2 Witness Duty. Employees called upon as a witness or an expert witness
in a case arising in the course of their work or the work of another department may
remain in their regular pay status and turn over to the County all fees and expenses
paid to them other than mileage allowance or they may take vacation leave or leave
without pay and retain all fees and expenses.
Employees called to serve as witnesses in private cases or personal matters (e.g.,
accident suits and family relations) shall take vacation leave or leave without pay and
retain all witness fees paid to them.
Retention or waiver of fees shall be governed by the same provisions as apply to jury
duty as set forth in subsection 15.1 (Jury Duty) of this MOU.
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Employees shall advise their department as soon as possible if scheduled to appear for
witness duty.
SECTION 16 - HEALTH, LIFE & DENTAL CARE
16.1 Health Plan Coverage.
The County will provide the medical and dental coverage for permanent
employees regularly scheduled to work twenty (20) or more hours per
week and for their eligible family members, expressed in one of the
Medical Plan contracts and one of the Dental Plan contracts between the
County and the following providers:
1.Contra Costa Health Plans (CCHP)
2.Kaiser Permanente Health Plan
3.Health Net
4.Delta Dental
5.DeltaCare (PMI)
Medical Plans:
All employees will have access to the following medical plans:
1.CCHP Plan A
2.Kaiser Permanente Plan B
3.Health Net HMO Plan B
4.Health Net PPO Plan A
5.Kaiser High Deductible Health Plan
The following additional medical plans will be available only to employees
hired before January 1, 2016, and will be eliminated for all employees
beginning January 1, 2018:
1.CCHP Plan B
2.Kaiser Permanente Plan A
3.Health Net HMO Plan A
4.Health Net PPO - all plans
16.2 Monthly Premium Subsidy:
A. The monthly premium subsidy in effect on January 1, 2015, for each
medical and/or dental plan, is a set dollar amount and is not a percentage
of the premium charged by the plan. The County will pay the following
monthly premium subsidy:
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Health & Dental Plans Employee Employee +1
Dependent
Employee +2 or
More Dependents
Contra Costa Health Plans (CCHP), Plan A $509.92 $1,214.90 $1,214.90
Contra Costa Health Plans (CCHP), Plan B $528.50 $1,255.79 $1,255.79
Kaiser Permanente Health Plans $478.91 $1,115.84 $1,115.84
Health Net HMO Plans $627.79 $1,540.02 $1,540.02
Health Net PPO Plans $604.60 $1,436.25 $1,436.25
County Selected High Deductible Health Plan $478.91 $1,115.84 $1,115.84
Delta Dental with CCHP A or B $41.17 $93.00 $93.00
Delta Dental with Kaiser or Health Net $34.02 $76.77 $76.77
Delta Dental without a Health Plan $43.35 $97.81 $97.81
DeltaCare (PMI) with CCHP A or B $25.41 $54.91 $54.91
DeltaCare (PMI) with Kaiser or Health Net $21.31 $46.05 $46.05
DeltaCare (PMI) without a Health Plan $27.31 $59.03 $59.03
B. If the County contracts with a medical or dental plan that is not listed
above the County will determine the monthly dollar premium subsidy that
it will pay to that medical or dental plan provider for employees and their
eligible family members.
C. In the event that the County premium subsidy amounts are greater than
one hundred percent (100%) of the applicable premium of any medical or
dental plan, for any plan year, the County’s contribution will not exceed
one hundred percent (100%) of the applicable plan premium.
D. In the event that a provider no longer offers to the County a medical or
dental plan listed in this Section 16 or a provider and the County do not
renew a medical or dental plan listed in this Section 16, the Association
agrees that the new medical or dental plans selected by the County to
replace the current plans will be available to employees represented by
the Association and the Association agrees that the new plans will replace
the medical or dental plans provided for in this MOU. The County will give
notice to the Association when any new medical or dental plans are
adopted and when they will be effective for employees represented by the
Association.
16.3 Retirement Coverage:
A. Upon Retirement:
1.Upon retirement and for the term of this agreement, eligible
employees and their eligible family members may remain in their
County health/dental plan, but without County-paid life insurance
coverage, if immediately before their proposed retirement the
employees and dependents are either active subscribers to one of
the County contracted health/dental plans or if while on authorized
leave of absence without pay, they have retained continuous
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coverage during the leave period. The County will pay the
health/dental plan monthly premium subsidies for eligible retirees
and their eligible family members set forth in subsection 16.2 -
Monthly Premium Subsidy.
2.Any person who becomes age 65 on or after March 1, 2011, and
who is eligible for Medicare must immediately enroll in Medicare
Parts A and B.
3.For employees hired on or after March 1, 2011, and their eligible
family members, no monthly premium subsidy will be paid by the
County for any health or dental plan after they separate from
County employment. However, any such eligible employee who
retires under the Contra Costa County Employees’ Retirement
Association (“CCCERA”) may retain continuous coverage of a
county health and/or dental plan provided that (i) he or she begins
to receive a monthly retirement allowance from CCCERA within
one hundred twenty (120) days of separation from County
employment and (ii) he or she pays the full premium cost under the
health and/or dental plan without any County premium subsidy.
B. Employees Who File For Deferred Retirement. Employees, who resign
and file for a deferred retirement and their eligible family members, may
continue in their County group health and dental plan under the following
conditions and limitations.
1.Health and dental coverage during the deferred retirement period is
totally at the expense of the employee, without any County
contributions.
2.Life insurance coverage is not included.
3. To continue health and dental coverage, the employee must:
a.be qualified for a deferred retirement under the 1937
Retirement Act provisions;
b.be an active member of a County group health and/or dental
plan at the time of filing their deferred retirement application
and elect to continue plan benefits;
c.be eligible for a monthly allowance from the Retirement
System and direct receipt of a monthly allowance within
twenty-four (24) months of application for deferred
retirement; and
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d.file an election to defer retirement and to continue health
benefits hereunder with the County Benefits Division within
thirty (30) days before separation from County service.
4.Deferred retirees who elect continued health benefits hereunder
and their eligible family members may maintain continuous
membership in their County health and/or dental plan group during
the period of deferred retirement by paying the full premium for
health and dental coverage on or before the 10th of each month, to
the Contra Costa County Auditor-Controller. When the deferred
retirees begin to receive retirement benefits, they will qualify for the
same health and/or dental plan coverage pursuant to Subsection
16.3 (Retirement Coverage) paragraph A as similarly situated
retirees who did not defer retirement.
5.Deferred retirees may elect retiree health benefits hereunder
without electing to maintain participation in their County health
and/or dental plan during their deferred retirement period. When
the deferred retirees begin to receive retirement benefits, they will
qualify for the same health and/or dental coverage pursuant to
Subsection 16.3 (Retirement Coverage) paragraph A as similarly
situated retirees who did not defer retirement, provided
reinstatement to a County group health and/or dental plan will only
occur following a three (3) full calendar month waiting period after
the month in which their retirement allowance commences.
6.Employees who elect deferred retirement will not be eligible in any
event for County health and/or dental plan subvention unless the
member draws a monthly retirement allowance within twenty-four
(24) months after separation from County service.
7.Deferred retirees and their eligible family members are required to
meet the same eligibility provisions for health/dental coverage as
similarly situated retirees who did not defer retirement.
C. Employees Hired After December 31, 2006 - Eligibility for Retiree Health
Coverage: All employees hired after December 31, 2006 are eligible for
retiree health/dental coverage pursuant to subsection 16.3 (Retirement
Coverage) paragraphs (A) and (B), above, upon completion of fifteen (15)
years of service as an employee of Contra Costa County. For purposes
of retiree health eligibility, one (1) year of service is defined as one
thousand (1,000) hours worked within one anniversary year. The existing
method of crediting service while an employee is on an approved leave of
absence will continue for the duration of this Agreement.
D. Subject to the provisions of subsection 16.3 (Retirement Coverage)
paragraphs A, B, and C and upon retirement and for the term of this
agreement, the following employees (and their eligible family members)
are eligible to receive a monthly premium subsidy for health and dental
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plans or are eligible to retain continuous coverage of such plans: each
employee who retires from a position or classification that was
represented by this bargaining unit at the time of his or her retirement.
E. For purposes of this subsection 16.3 (Retirement Coverage) only, ‘eligible
family members’ does not include Survivors of employees or retirees.
16.4 Health Plan Coverages and Provisions. The following provisions are
applicable regarding County Health and Dental Plan participation:
A. Health, Dental and Life Participation by Other Employees: Permanent
part-time employees working nineteen (19) hours per week or less may
participate in the County Health or Dental plans (with the associated life
insurance benefit) at the employee’s full expense.
B. Coverage Upon Separation: An employee who separates from County
employment is covered by his/her County health and/or dental plan
through the last day of the month in which he/she separates. Employees
who separate from County employment may continue group health and/or
dental plan coverage to the extent provided by the COBRA laws and
regulations.
16.5 Family Member Eligibility Criteria: The following persons may be
enrolled as the eligible Family Members of a medical or dental plan Subscriber:
A. Health Insurance
1.Eligible Dependents:
a.Employee’s legal spouse
b.Employee’s qualified domestic partner
c.Employee’s child to age 26
d.Employee’s Disabled Child who is:
(1) over age 26,
i.Unmarried; and,
ii.Incapable of sustaining employment due to a
physical or mental disability that existed prior to
the child’s attainment of age 19.
2.“Employee’s child” includes natural child, step-child, child of a
qualified domestic partner, adopted child and a child specified in a
Qualified Medical Child Support Order (QMCSO) or similar court
order.
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B. Dental Insurance
1.Eligible Dependents:
a.Employee’s legal spouse
b.Employee’s qualified domestic partner
c.Employee’s unmarried child who is:
(1) Under age 19; or
(2) Age 19, or above, but under age 24; and,
i.Resides with the Employee for more than 50%
of the year excluding time living at school; and,
ii.Receives at least 50% of support from
Employee; and,
iii.Is enrolled and attends school on a full-time
basis, as defined by the school.
d.Employee’s disabled child who is:
(1) Over age 19,
i.Unmarried; and,
ii.Incapable of sustaining employment due to a
physical or mental disability that existed prior to
the child’s attainment of age 19.
2.“Employee’s child” includes natural child, child of a qualified
domestic partner, step-child, adopted child and a child specified in
a Qualified Medical Child Support Order (QMCSO) or similar court
order.
16.6 Dual Coverage.
A. Each employee and retiree may be covered by only a single County
health (or dental) plan, including a CalPERS plan. For example, a County
employee may be covered under a single County health and/or dental
plan as either the primary insured or the dependent of another County
employee or retiree, but not as both the primary insured and the
dependent of another County employee or retiree.
B. All dependents, as defined in Section 16.5, (Family Member Eligibility
Criteria), may be covered by the health and/or dental plan of only one
spouse or one domestic partner. For example, when both husband and
wife are County employees, all of their eligible children may be covered as
dependents of either the husband or the wife, but not both.
C. For purposes of this subsection 16.7 (Dual Coverage) only, “County”
includes the County of Contra Costa and all special districts governed by
the Board of Supervisors, including, but not limited to, the Contra Costa
County Fire Protection District.
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16.7
A.
Medical Plan Cost-Sharing on and after January 1, 2016.
For Employees in the Classifications of Deputy Public Defender I, II,
III, or IV: For the plan year that begins on January 1, 2016, the County
will pay the monthly premium subsidy for medical plans stated in
subsection 16.2.A., and adjust the amounts paid by the County so that
the employee cost for the 2016 plan year does not increase and in
recognition of the increases to the Employee Plus Two or More
Dependents medical premiums caused by the shift to a three-tier
structure. In total, the County will pay the following amounts for the 2016
plan year:
Medical Plans Employee Employee +1
Dependent
Employee +2 or
More Dependents
Contra Costa Health Plans (CCHP), Plan A $530.56 $1,049.81 $1,646.89
Contra Costa Health Plans (CCHP), Plan B $549.42 $1,068.65 $1,737.03
Kaiser Permanente Health Plan A $435.38 $803.96 $1,493.79
Kaiser Permanente Health Plan B $445.04 $881.68 $1,407.40
Health Net HMO Plan A $669.34 $1,131.34 $2,280.09
Health Net HMO Plan B $662.01 $1,280.20 $2,060.75
Health Net PPO Plan A $727.94 $1,112.03 $2,755.43
Health Net PPO Plan B $715.64 $1,144.40 $2,623.86
County Selected High Deductible Health Plan $447.04 $916.72 $1,387.40
B. For Employees in the Classifications of Public Defender
Investigative Aide, Public Defender Investigative Assistant,
Public Defender Investigator I and II, and Sr. Public Defender
Investigative Aide:
1.The two-tier plan structure in effect for the 2015 plan year will
continue for the 2016 plan year for these employees in these
classifications.
2.For the plan year that begins on January 1, 2016, the County will
pay the monthly premium subsidy for medical plans stated in
subsection 16.2.A. for two-tier plan structure, and adjust the
amounts paid by the County to offset a portion of the employee
cost for the 2016 plan year. In total the County will pay the
following amounts for the 2016 plan year:
Medical Plans Employee Employee+1 or
More Dependents
Contra Costa Health Plans (CCHP), Plan A $582.54 $1,363.03
Contra Costa Health Plans (CCHP), Plan B $607.05 $1,417.65
Kaiser Permanente Health Plan A $505.01 $1,152.73
Kaiser Permanente Health Plan B $515.99 $1,178.31
Health Net HMO Plan A $754.88 $1,826.34
Health Net HMO Plan B $721.49 $1,744.46
Health Net PPO Plan A $784.06 $1,436.25
Health Net PPO Plan B $784.06 $1,436.25
County Selected High Deductible Health Plan $447.04 $916.72
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3.For the plan year that begins on January 1, 2017, the County will
pay the monthly premium subsidy for medical plans as set forth in
16.7.A. and 16.7.C. with a three-tier structure.
C. For the plan year that begins on January 1, 2017, and for the term of this
agreement, if there is an increase in the monthly premium, including any
plan premium penalty, charged by a medical plan, the County and the
employee will each pay fifty percent (50%) of the monthly increase that is
above the amount of the 2016 plan premium. The fifty percent (50%)
share of the monthly medical plan increase paid by the County is in
addition to the amounts paid by the County in subsection 16.7.A. for
medical plans. If the monthly premium charged for a Kaiser Permanente
Plan B tier is less than the amount paid by the County pursuant to
subsection 16.7.A. for that tier, then the difference (100% of the savings)
will be divided equally among the other Kaiser Permanente Plan B tiers.
The savings amount will be added to the medical plan premium cost-
sharing increase amounts paid by the County in a plan year.
D. 2016 Plan Premium Amounts: For purposes of calculating the County
and Employee cost-sharing increases described in subsection 16.7.C,
above, the following are the 2016 total monthly medical plan premium
amounts:
Medical Plans Employee Employee +1
Dependent
Employee +2 or
More Dependents
Contra Costa Health Plans (CCHP), Plan A $657.08 $1,314.15 $1,971.23
Contra Costa Health Plans (CCHP), Plan B $728.38 $1,456.77 $2,185.15
Kaiser Permanente Health Plan A $749.80 $1,499.60 $2,249.39
Kaiser Permanente Health Plan B $585.68 $1,171.36 $1,757.04
Health Net HMO Plan A $1,208.76 $2,417.52 $3,626.27
Health Net HMO Plan B $840.55 $1,681.10 $2,521.65
Health Net PPO Plan A $1,643.40 $3,286.80 $4,930.20
Health Net PPO Plan B $1,479.47 $2,958.94 $4,438.40
Kaiser High Deductible Health Plan $470.10 $940.21 $1,410.32
16.8 Life Insurance Benefits. For employees who are enrolled in the
County’s program of medical or dental coverage as either the primary or the dependent,
term life insurance in the amount of ten thousand dollars ($10,000) will be provided by
the County. For Deputy Public Defender Attorneys, additional Group Term Life
Insurance in the amount of forty-five thousand dollar ($45,000) will be provided by the
County.
16.9 Supplemental Life Insurance. In addition to the life insurance benefits
provided by this agreement, employees may subscribe voluntarily and at their own
expense for supplemental life insurance. Employees may subscribe for an amount not
to exceed five hundred thousand dollars ($500,000), of which one hundred thousand
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($100,000) is a guaranteed issue, provided the election is made within the required
enrollment periods.
16.10 Health Care Spending Account. After six (6) months of permanent
employment, full and part-time (20/40 or greater) employees may elect to participate in
a Health Care Spending Account (HCSA) Program designated to qualify for tax savings
under Section 125 of the Internal Revenue Code, but such savings are not guaranteed.
The HCSA Program allows employees to set aside a predetermined amount of money
from their pay, not to exceed the maximum amount authorized by federal law, per
calendar year, of before tax dollars, for health care expenses not reimbursed by any
other health benefit plans. HCSA dollars may be expended on any eligible medical
expenses allowed by Internal Revenue Code Section 125. Any unused balance is
forfeited and cannot be recovered by the employee.
16.11 PERS Long-Term Care. The County will deduct and remit monthly
premiums to the PERS Long-Term Care Administrator for employees who are eligible
and voluntarily elect to purchase long-term care at their personal expense through the
PERS Long-Term Care Program.
16.12 Dependent Care Assistance Program. The County offers the option of
enrolling in a Dependent Care Assistance Program (DCAP) designed to qualify for tax
savings under Section 129 of the Internal Revenue Code, but such savings are not
guaranteed. The program allows employees to set aside a predetermined amount of
annual salary not to exceed the lesser of either five thousand dollars ($5,000) or the
maximum amount authorized by federal law, of annual salary (before taxes) per
calendar year, of before-tax dollars to pay for eligible dependent care (child and elder
care) expenses. Any unused balance is forfeited and cannot be recovered by the
employee.
16.13 Premium Conversion Plan. The County offers the Premium Conversion
Plan (PCP) designed to qualify for tax savings under Section 125 of the Internal
Revenue Code, but tax savings are not guaranteed. The program allows employees to
use pre-tax dollars to pay health and dental premiums.
16.14 Prevailing Section. To the extent that any provision of this Section 16
(Health, Life and Dental Care) is inconsistent with any provision of any other County
enactment or policy, including but not limited to Administrative Bulletins, the Salary
Regulations, the Personnel Management Regulations, or any other agreement or order
of the Board of Supervisors, the provision(s) of this Section 16 (Health, Life and Dental
Care) will prevail.
16.15 Rate Information. The County Benefits Division will make health and
dental plan rate information available upon request to employees and departments. In
addition, the County Benefits Division will publish and distribute to employees and
departments information about rate changes as they occur during the year.
16.16 Partial Month. The County's contribution to the health plan premium is
payable for any month in which the employee is paid. If an employee is not paid
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enough compensation in a month to pay the employee share of the premium, the
employee must make up the difference by remitting the amount delinquent to the
Auditor-Controller. The responsibility for this payment rests with the employee. If
payment is not made, the employee shall be dropped from the health plan.
16.17 Coverage During Absences.
Employees shall be allowed to maintain their health plan coverage at the County group
rate for twelve (12) months if on approved leave of absence provided that the employee
shall pay the entire premium (i.e. both employer and employee share) for the health
plan during said leave. Said payment shall be made by the employee at a time and
place specified by the County. Late payment shall result in cancellation of health plan
coverage.
An employee on leave in excess of twelve (12) months may continue group coverage
subject to the provisions of the Consolidated Omnibus Budget Reconciliation Act
(COBRA) provided the employee pays the entire cost of coverage, plus any
administrative fees, for the option selected. The entire cost of coverage shall be paid at
a place and time specified by the County. Late payment may result in cancellation of
health plan coverage with no reinstatement allowed.
16.18 Child Care. The County will continue to support the concept of non-profit
child care facilities similar to the “Kid’s at Work” program established in the Public
Works Department.
16.19 Health Benefit Coverage for Employees Not Otherwise Covered. To
access County health plans, an employee represented by the Association who is not
otherwise eligible for health coverage by the County, must be eligible to receive an offer
of coverage from the County under the federal Patient Protection and Affordable Care
Act (“ACA”) (42 U.S.C. § 18081). Employees eligible to receive an offer of coverage
(and qualified dependents), will be offered access to the County’s lowest cost, single
individual health insurance plan as determined by the County. Employees will be
responsible for the full premium cost of coverage. This provision is not subject to the
grievance process.
SECTION 17 - PROBATIONARY PERIOD
17.1 Duration. All appointments from officially promulgated employment lists
for original entrance and promotion shall be subject to a probationary period. The
probationary period shall be nine (9) months for original entrance appointments and six
(6) months for promotional appointments, except that the probationary period for
Deputy Public Defenders shall be six (6) months for original entrance and promotional
appointments.
17.2 Revised Probationary Period. When the probationary period for a class
is changed, only new appointees to positions in the classification shall be subject to the
revised probationary period.
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17.3 Criteria. The probationary period shall date from the time of appointment
to a permanent position after certification from an eligible list. It shall not include time
served under provisional appointment or under appointment to limited term positions or
any period of continuous leave of absence without pay or period of work connected
disability exceeding fifteen (15) calendar days.
17.4 Rejection During Probation/Appeal.
A. 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.
B. Notwithstanding any other provisions of this section, an employee
(probationer) shall have the right to appeal from any rejection during the
probationary period based on political, or religious or Association
activities, or race, color, national origin, sex, age, disability, or sexual
orientation.
C. The appeal must be written, must be signed by the employee and set
forth the grounds and facts by which it is claimed that grounds for appeal
exist under subsection 18.4 (Rejection During Probation/Appeal)
paragraph B 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.
D. 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 17.4 (Rejection During Probation/Appeal) paragraph B, 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.
E. 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.
17.5 Regular Appointment. The regular appointment of a probationary
employee shall begin on the day following the end of the probationary period, subject to
the condition that the Director of 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 Memorandum,
without notice and without right of appeal or hearing. If the appointing authority has not
returned the probation report, a probationary employee may be rejected from the
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SECTION 18 - PROMOTION
service within a reasonable time after the probation period for failure to pass probation.
If the appointing authority fails to submit in a timely manner the proper written
documents certifying that a probationary employee has served in a satisfactory manner
and later acknowledges it was his or her intention to do so, the regular appointment
shall begin on the day following the end of the probationary period.
Notwithstanding any other provisions of the MOU, an employee rejected during the
probation period from a position in the Merit System to which the employee had been
promoted or transferred from an eligible list, shall be restored to a position in the
department from which the employee was promoted or transferred. An employee
dismissed for other than disciplinary reasons within six (6) months after being promoted
or transferred from a position in the Merit System to a position not included in the Merit
System shall be restored to a position in the classification in the department from which
the employee was promoted or transferred.
A probationary employee who has been rejected or has resigned during probation shall
not be restored to the eligible list from which the employee was certified unless the
employee receives the affirmative recommendation from the appointing authority and is
certified by the Director of Human Resources 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.
17.6 Layoff During Probation. An employee who is laid off during probation,
if reemployed in the same class by the same department, shall be required to complete
only the balance of the required probation. If reemployed in another department or in
another classification, the employee shall serve a full probationary period. An
employee appointed to a permanent position from a layoff or reemployment list is
subject to a probation period if the position is in a department other than the
department from which the employee separated, displaced, or voluntarily demoted in
lieu of layoff. An appointment from a layoff or reemployment list is not subject to a
probation period if the position is in the department from which the employee
separated, displaced or voluntarily demoted in lieu of layoff.
17.7 Rejection During Probation of Layoff Employee. An employee who
has achieved permanent status in the class before layoff and who subsequently is
appointed from the layoff list and then rejected during the probation period shall be
automatically restored to the layoff list, unless discharged for cause, if the person is
within the period of layoff eligibility. The employee shall begin a new probation period if
subsequently certified and appointed in a different department or classification than that
from which the employee was laid off.
SECTION 18 - PROMOTION
18.1 Competitive Exam. Promotion shall be by competitive examination
unless otherwise provided in this MOU.
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SECTION 18 - PROMOTION
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/her position reclassified at the request of the
appointing authority and under the following conditions:
A. An evaluation of the position(s) in question must show that the duties and
responsibilities have significantly increased and constitute a higher level of
work.
B. The incumbent of the position must have performed at the higher level for
six (6) months.
C. The incumbent must meet the minimum education and experience
requirements for the higher class.
D. The action must have approval of the Director of Human Resources.
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 total score, not including seniority credits, of
seventy (70) percent or more, shall receive, in addition to all other credits, five one-
hundredths of one percent (.05%) for each completed month of service as a permanent
County employee continuously preceding the final date for filing application for said
examination. For purposes of seniority credits, leaves of absence shall be considered
as service. Seniority credits shall be included in the final percentage score from which
the rank on the promotional list is determined. No employee, however, shall receive
more than a total of five percent (5%) credit for seniority in any promotional
examination.
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18.7 Release Time for 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 the County’s expense.
18.8 Release Time for Examinations. Permanent employees will be granted
reasonable time from work without loss of pay to take County examinations or to go to
interviews for a County position provided the employees give the Department sufficient
notice of the need for time off. “Reasonable” release time shall include time for travel
and interviewing/testing.
SECTION 19 – RESIGNATIONS
19.1 Resignation Procedure. 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.
19.2 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.
19.3 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 receipt of a registered or certified letter citing a
notice of resignation by the appointing authority to the employee at the
employee's last known address, but no more than ten (10) working days
from mailing of said notice.
19.4 Effective Resignation. A resignation is effective when delivered or
spoken to the appointing authority, operative on that date or another date specified. An
employee who resigns without advance notice, as set forth in subsection 19.2
(Resignation in Good Standing), may seek rescission of the resignation and
reinstatement by delivering an appeal in writing to the Human Resources not later than
close of business on the third (3rd) calendar day after the resignation is effective.
Within five (5) work days of receipt of the appeal, the Director of Human Resources
shall consider the appeal and render a final and binding decision including, if
applicable, the date of reinstatement.
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SECTION 19 - RESIGNATIONS
SECTION 20 - DISMISSAL, SUSPENSION, TEMPORARY REDUCTION
IN PAY, AND DEMOTION
19.5 Revocation. A resignation that is effective is revocable only by written
concurrence of the employee and the appointing authority.
19.6 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 to the appointing authority.
B. Reinstatement. If the appointing authority acknowledges that the
employee could have believed that the resignation was coerced, it shall
be revoked and the employee returned to duty effective on the day
following the appointing authority's acknowledgment without loss of
seniority or pay.
C. Contest. Unless, within seven (7) days of the receipt of the notice, the
appointing authority acknowledges that the resignation could have been
believed to be coerced, this question should be handled as an appeal to
the Merit Board. In the alternative, the employee may file a written
election with the Director of Human Resources waiving the employee's
right of appeal to the Merit Board in favor of the employee's appeal rights
under the grievance procedure contained in Section 21 of the MOU
beginning with Step 3.
D. Disposition. If a final decision is rendered that determines that the
resignation was coerced, the resignation shall be deemed revoked and
the employee returned to duty effective on the day following the decision
but without loss of seniority or pay, subject to the employee's duty to
mitigate damages.
SECTION 20 - DISMISSAL, SUSPENSION, TEMPORARY REDUCTION IN PAY, AND
DEMOTION
20.1 Sufficient Cause for Action. The appointing authority may dismiss,
suspend, temporarily reduce the pay of, or demote 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 or demotion may be based on reasons other
than those specifically mentioned:
A. Absence without leave.
B. Conviction of any criminal act involving moral turpitude.
C. Conduct tending to bring the merit system into disrepute.
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SECTION 20 - DISMISSAL, SUSPENSION, TEMPORARY REDUCTION
IN PAY, AND DEMOTION
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.
I. 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.
L. Material and intentional misrepresentation or concealment of any fact in
connection with obtaining employment.
M. Misappropriation of County funds or property.
N. Unreasonable failure or refusal to undergo any physical, medical and/or
psychiatric exam and/or treatment authorized by this MOU.
O. Dishonesty or theft.
P. Excessive or unexcused absenteeism and/or tardiness.
Q. Sexual harassment, including but not limited to unwelcome sexual
advances, requests for sexual favors, and other verbal, or physical
conduct 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.
20.2 Skelly Requirements. Before taking a disciplinary action to dismiss,
suspend for more than five (5) work days, temporarily reduce the pay of, or demote an
employee, the appointing authority shall cause to be served personally or by certified
mail, on the employee, a Notice of Proposed Action, which shall contain the following:
A. A statement of the action proposed to be taken.
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IN PAY, AND DEMOTION
B. A copy of the charges; including the acts or omissions and grounds upon
which the action is based.
C. If it is claimed that the employee has violated a rule or regulation of the
County, department or district, a copy of said rule shall be included with
the notice.
D. A statement that the employee may review and request copies of
materials upon which the proposed action is based.
E. A statement that the employee has seven (7) calendar days to respond to
the appointing authority either orally or in writing.
20.3 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 an extension, the right to respond is lost.
20.4 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.
20.5 Length of Suspension. Suspensions without pay shall not exceed thirty
(30) days unless ordered by an arbitrator, an adjustment board or the Merit Board.
20.6 Procedure on Dismissal, Suspension, Temporary Reduction in Pay,
or Demotion.
A. Written Order Required. In any disciplinary action to dismiss, suspend,
temporarily reduce the pay of, or demote an employee having permanent
status in a position in the merit system, after having complied with the
Skelly requirements where applicable, the appointing authority shall make
an order in writing stating specifically the causes for the action.
B. Service of Order. Said order of dismissal, suspension, temporary
reduction in pay, or demotion shall be filed with the Director of Human
Resources, showing by whom and the date a copy was served upon the
employee to be dismissed, suspended, temporarily reduced in pay, or
demoted, either personally or by certified mail to the employee's last
known mailing address. The order shall be effective either upon personal
service or deposit in the U.S. Postal Service.
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SECTION 21 - GRIEVANCE PROCEDURE
C. Employee Appeals from Order. The employee may appeal an order of
dismissal, suspension, temporary reduction in pay, or demotion either to
the Merit Board or through the procedures of Section 21 (Grievance
Procedure) of this MOU provided that such appeal is filed in writing with
the Director of Human Resources within ten (10) calendar days after
service of said order. An employee may not both appeal to the Merit
Board and file a grievance under Section 21 (Grievance Procedure) of this
MOU.
20.7 Employee Representation Rights. The County recognizes an
employee’s right to representation during an investigatory interview or meeting which
may result in discipline. The County shall not interfere with the representative’s right to
assist an employee to clarify the facts during the interview. If the employee requests an
Association representative, the investigatory interview shall be temporarily recessed for
a reasonable period of time until a Association representative can be present. For
those interviews, which by nature of the incident must take place immediately, the
Association will take all reasonable steps to make an Association representative
immediately available. The employer shall inform the employee of the general nature of
the investigation at the time the employer directs the employee to be interviewed.
SECTION 21 - GRIEVANCE PROCEDURE
21.1 Definition and Procedural Steps. A grievance is any dispute that
involves the interpretation or application of any provision of this MOU excluding,
however, those provisions of this MOU that specifically provide that the decision of any
County official shall be final, the interpretation or application of those provisions is not
subject to the grievance procedure. An employee may elect to appeal disciplinary
action through this grievance procedure, or to the Merit Board on matters within its
jurisdiction, but not both. The Association may represent the grievant at any step of the
process.
Grievances must be filed within thirty (30) calendar days of the incident or occurrence
about which the grievant claims to have a grievance and shall be processed in the
following manner:
Step 1. The Association or any employee or group of employees (“grievant”) who
believes that a provision of this MOU has been misinterpreted or misapplied to his, her,
or their detriment shall discuss the complaint with the grievant's immediate supervisor,
who shall meet with the grievant within five (5) work days of receipt of a written request
to hold such meeting. The supervisor will advise the grievant in writing, within five (5)
work days of the meeting, whether the grievance is granted or denied. The supervisor
shall deliver his/her determination to the departmental mailbox of one of the three
Public Defenders designated by the Association as Association representatives or email
it to all three.
Step 2. If an issue is not satisfactorily resolved in Step 1 above, the Association may
submit the grievance in writing to the Public Defender or his or her designee. This
request must be filed no more than ten (10) work days after the step 1 letter from the
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SECTION 21 - GRIEVANCE PROCEDURE
supervisor is delivered to the Association. This formal written grievance must state
which provision(s) of the MOU has been misinterpreted or misapplied, how it has been
misinterpreted or misapplied, how misapplication or misinterpretation has affected the
grievant to the grievant's detriment, and the redress the Association seeks. A copy of
each written communication regarding a grievance must be filed with the Director of
Human Resources. The Public Defender or his or her designee shall have ten (10)
work days in which to respond to the grievance in writing stating the reason(s) for the
disposition of the grievance. The response shall be hand-delivered to the departmental
mailbox of one of the three Public Defender representatives designated by the
Association as Association representatives or email it to all three.
Step 3. If a grievance is not resolved at Step 2, the Association may submit the
grievance to the Human Resources Director in writing within ten (10) work days after
receipt of the grievance at Step 2 response is delivered to the Association. Within
twenty (20) work days after receipt of the grievance at Step 2, the Human Resources
Director or designee must meet with the Association and the Public Defender or his/her
designee to discuss the facts, discuss other potentially relevant information or avenues
of inquiry and any terms either party wishes to offer to resolve the grievance.
Both parties shall be prepared and present the following information to the other party
in the course of the step 3 meeting:
1.The name of the grievant(s);
2.The specific contract provision(s) allegedly violated in each instance;
3.A statement of the facts that show the time, place and manner of each alleged
breach;
4.A copy of each relevant document available at the time of the Step 3 meeting;
and
5.The specific remedy sought.
W ithin fifteen (15) working days after the Step 3 meeting, the Human Resources
Director or his/her designee shall hand deliver, to the departmental mail box of one of
the three Public Defenders designated by the Association to represent the Association
or by email to all three, a written response to the grievance stating the reason(s) for the
disposition of the grievance.
Step 4. If the grievance is not resolved at step 3, either party may notify the other, in
writing within fifteen (15) work days of the delivery of step 3 response, of its desire to
arbitrate the grievance. The parties will mutually select an arbitrator from a list of five (5)
impartial arbitrators on which the parties have previously agreed. If the selected
arbitrator is unable to offer a date for the arbitration within one hundred twenty (120)
days of the request shall be skipped. The arbitrator whose name was struck
immediately before the arbitrator that was first selected will then serve as the arbitrator,
subject to the same scheduling requirement. The parties will alternately strike from the
list to select the arbitrator, the order of striking to be determined by lot. Vacancies on
the list will be filled by mutual agreement.
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SECTION 22 - BILINGUAL PAY
The decision of the arbitrator shall be final and binding. The arbitrator will not have the
right to alter, amend, delete, or add to any of the terms of this Agreement. The
arbitrator will have full authority to fashion an appropriate remedy.
The fees and expenses of the arbitrator and the court reporter (if any) will be shared
equally by the Association and the County. If either party wishes to have a court
reporter, one will be used and his/her fees and expenses will be shared equally. Each
party will bear the costs of its own presentation including, but not limited to, preparation
and post-hearing briefs, if any.
21.2 Filing By The Association At Step 3. 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 allegedly violates a provision of this MOU.
21.3 Time Limits. The time limits specified above may be waived by mutual
agreement of the parties to the grievance. If the County fails to meet the time limits
specified in Steps 1 through 3 above, the grievance will automatically move to the next
step. If a grievant fails to meet the time limits specified in Steps 1 through 4 above, the
grievance will be deemed to have been withdrawn. Any procedural issue of arbitrability,
including compliance with time limits, will be decided by the arbitrator.
21.4 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, sick-out, or refusal to
perform customary duties. In the case of a legally declared lawful strike against a
private or public sector employer which has been sanctioned and approved by the labor
body or council having jurisdiction, an employee who is in danger of physical harm shall
not be required to cross the picket line, provided the employee advises his or her
supervisor as soon as possible, and provided further that an employee may be required
to cross a picket line where the performance of his or her duties is of an emergency
nature and/or failure to perform such duties might cause or aggravate a danger to
public health or safety.
SECTION 22 - BILINGUAL PAY
A salary differential of one hundred dollars ($100) per month shall be paid incumbents
of positions requiring bilingual proficiency as designated by the appointing authority and
Director of Human Resources. Said differential shall be paid to eligible employees in
paid status for any portion of a 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 23 - RETIREMENT
23.1 Contribution.
A. Effective on November 1, 2012, employees are responsible for the payment of
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SECTION 24- TRAINING AND PROFESSIONAL EXPENSE
REIMBURSEMENT
one hundred percent (100%) of the employees’ basic retirement benefit
contributions determined annually by the Board of Retirement of the Contra
Costa County Employees’ Retirement Association without the County paying any
part of the employees’ contribution. Employees are also responsible for the
payment of the employees' contributions to the retirement cost of living program
as determined annually by the Board of Retirement, without the County paying
any part of the employees’ contributions. The County is responsible for one
hundred percent (100%) of the employer’s retirement contributions determined
annually by the Board of Retirement.
B. The Association will pay the county thirty-four thousand dollars ($34,000) to
compensate the county for the lost savings associated with the delay in
implementation of Section 23.1A above. Payment will be due upon ratification of
the MOU by the Board of Supervisors.
23.2 Retirement Benefits – Employees Who Become Members of CCCERA
After December 31, 2012.
A. For employees who become members of the Contra Costa County Employees
Retirement Association (CCCERA) after December 31, 2012, retirement benefits
are governed by the California Public Employees Pension Reform Act of 2013
(PEPRA), (Chapters 296, 297, Statutes of 2012). To the extent PEPRA conflicts
with any provision of this Agreement, PEPRA will govern.
B. For employees who become members of the Contra Costa County Employees
Retirement Association (CCCERA) after December 31, 2012, the cost of living
adjustment to the retirement allowance will not exceed two percent (2%) per
year, and the cost of living adjustment will be banked.
C. The County will seek legislation amending the County Employees Retirement
Law of 1937 to clarify that the current Tier III disability provisions apply to
employees who, under PEPRA, become New Members of CCCERA. The
Association will support the legislation, in addition to the County, by calling and
sending a letter (on Association letterhead) in support of the bill to the state
legislator sponsoring the bill, on or before the date specified by the County. In
addition, if requested by the County, the Association will testify in support of the
bill before the state legislative committees considering the bill.
SECTION 24 - TRAINING AND PROFESSIONAL EXPENSE REIMBURSEMENT
24.1 Deputy Public Defender Professional Expenses. The County shall
reimburse each Deputy Public Defender up to a maximum of six hundred dollars ($600)
for each fiscal year for the following types of expenses: membership dues in legal,
professional associations; purchase of legal publications; legal on-line computer
services; and training and travel costs for educational courses related to the duties of a
Deputy Public Defender; and software and hardware from a standardized County
approved list or with Department Head approval, provided each Deputy Public Defender
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SECTION 24 - TRAINING AND PROFESSIONAL EXPENSE
REIMBURSEMENT
complies with the provisions of the Computer Use and Security Policy adopted by the
Board of Supervisors.
Any unused accrual may be carried forward to the next fiscal year up to eight hundred
dollars ($800).
The County will pay, on behalf of Deputy Public Defenders, California State Bar
membership dues (but not penalty fees) and for criminal specialization fees. To be
eligible, an employee must be employed as a permanent Deputy Public Defender with
the Contra Costa County Public Defenders’ Office as of January 1 of each calendar
year.
The Office of the Public Defender will notify the Auditor-Controller by January 10th of
each year the count of eligible attorneys and the amount to be paid to the State Bar.
The Auditor-Controller will prepare one check to the State Bar of California for annual
membership dues by January 20th.
The Office of the Public Defender will process payment and any required
documentation to the State Bar of California by January 30, of each year.
24.2 Public Defender Investigator Professional Expenses. The County
shall reimburse each Public Defender Investigator up to a maximum of two hundred fifty
dollars ($250) each fiscal year for the following types of expenses: membership dues in
investigation/legal/professional associations; purchase of investigation/legal
publications; and training travel costs for educational courses related to the duties of a
Public Defender Investigator; and software and hardware from a standardized County
approved list or with Department Head approval, provided each Public Defender
Investigator complies with the provisions of the Computer Use and Security Policy
adopted by the Board of Supervisors. Any unused accrual may be carried forward to
the next fiscal year up to three hundred seventy five dollars ($375).
24.3 Deputy Public Defender Law School Student Loan Reimbursement
Program.
A. Eligibility: Employees first employed in the classifications of Deputy Public
Defender I and/or Deputy Public Defender II. Payments will only be made to
employees in paid status as of July 1, 2014, and thereafter.
B. Qualifying amounts and terms: The employee must satisfy all of the following
criteria to be eligible for any payments through this Law School Student Loan
Reimbursement Program.
i.First Payment: The employee must be hired as a permanent Deputy
Public Defender I or II, and worked as a permanent Deputy Public
Defender I, II, or Ill for at least three (3) consecutive years from date of
hire to be eligible for the first payment. Upon completion of the third
consecutive year of employment as a Deputy Public Defender I, II, or Ill,
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REIMBURSEMENT
the employee may receive $2,000 for purposes of reimbursement for law
school student loan payments.
ii.Second Payment: For an employee who entered County service as a
permanent Deputy Public Defender I or II, the employee must work as a
Deputy Public Defender I, II, or Ill during the fourth year of employment
from date of hire to be eligible for the second payment. Upon completion
of four (4) years of employment with the County as a permanent Deputy
Public Defender, the employee may receive $3,000 for purposes of
reimbursement for law school student loan payments.
iii.Third Payment: For an employee who entered County service as a
permanent Deputy Public Defender I or II, the employee must work as a
Deputy Public Defender I, II, or Ill during the fifth year of employment from
date of hire to be eligible for the third payment. Upon completion of five
(5) years of employment with the County as a permanent Deputy Public
Defender, the employee may receive $4,000 for purposes of
reimbursement for law school student loan payments.
iv.For employees employed less than forty hours per week during the year in
which a payment is based, the law school student loan reimbursement
amount will be prorated by multiplying the full reimbursement amount by
the employee's approved position hours during the year for which a
payment is based divided by 40 hours (e.g.$2,000 X 20/40= $1,000).
v.For each payment, the employee must submit a request for
reimbursement on the County's reimbursement form and attach
documentation that shows the existence of an outstanding law school
student loan and annual payment record for the law school student loan
during the preceding twelve months for each year of a requested
payment.
vi.This program is not available to attorneys who have paid off their law
school student loans or to those attorneys who did not incur law school
student loans.
vii.The law school student loan reimbursement program will not exceed
$9,000 for any one person.
viii.The law school student loan reimbursement payments are subject to
applicable state and federal withholding, if any.
ix.The terms and conditions of this law school student loan reimbursement
program are subject to procedures approved by the County Auditor-
Controller's Office.
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SECTION 25 - COMPUTER VISION CARE (CVC) USERS EYE
EXAMINATION
SECTION 25 - COMPUTER VISION CARE (CVC) USERS EYE EXAMINATION
Employees shall be eligible to receive an annual eye examination on County time and
at County expense in accordance with the following conditions:
A. Eligible employees must use a video display terminal at least an average of two
hours per day as certified by their department.
B. Eligible employees who wish an eye examination under this program should
request it through the County Human Resources Department, Benefits Division,
who will arrange for eye examinations and monitor the results on a County-wide
basis.
C. Should prescription CVC glasses be prescribed for an employee following an eye
examination, the County agrees to provide, at no cost, the basic coverage
including a fifty dollar ($50) frame and single vision lenses. Employees may,
through individual arrangement between the employee and his/her doctor, and
solely at the employee's expense, include bifocal, trifocal or blended lenses and
other care, services or materials not covered by the plan. The basic plan
coverage, including the examination, may be credited toward the employee
enhanced benefit.
SECTION 26 – VEHICLE COSTS
26.1 Reimbursement for Use of Personal Vehicle. The mileage allowance
for 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.
26.2 Charge For Use of Home Garaged County Vehicle. Employees hired
after July 1, 1994 who are assigned vehicles to garage at home will be charged the IRS
mileage rate for all commute miles driven outside the limits of Contra Costa County that
exceed thirty (30) miles round-trip in any one day.
26.3 Investigator Use of County Cars. The Office of Public Defender will
continue the current policy regarding the use of cars by Public Defender Investigators.
SECTION 27 - 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,
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exclusive of Saturdays, Sundays and holidays from the time the Department is made
aware of and verifies that the pay warrant is in error. If the pay warrant error has
occurred as a result of a mistake by an employee (e.g. payroll clerk) other than the
employee who is receiving the pay, the error will be corrected as soon as possible from
the time the department is made aware that pay warrant is in error. Pay errors in
employee pay shall be corrected as soon as possible as to current pay rate but that no
recovery of either overpayments or underpayments to an employee shall be made
retroactively except for the two (2) year period immediately preceding discovery of the
pay error. This provision shall apply regardless of whether the error was made by the
employee, the appointing authority or designee, the Director of Human Resources or
designee, or the Auditor-Controller or designee. Recovery of fraudulently accrued over
or underpayments are excluded from this section for both parties. When the County
notifies an employee of an overpayment and proposed repayment schedule and the
employee wishes to meet with the County, a meeting will be held at which time a
repayment schedule shall be determined. A repayment schedule will be no longer than
three times (3) the length of time the overpayment occurred. If requested by the
employee, a Association representative may be present at a meeting with management
to discuss a repayment schedule in the case of overpayments to the employee.
SECTION 28 - FLEXIBLE STAFFING
Certain positions may be designated by the Director of Human Resources as flexibly
staffed positions. Positions are generally allocated at the first level of the job series
when vacated. When the position is next filled and an incumbent of one of these
positions meets the minimum qualifications for the next higher level and has met
appropriate competitive requirements he or she may then be promoted to the next
higher classification within the job series without need of a classification study. If the
Public Defender’s Department verifies in writing that an administrative or clerical error
was made in failing to submit the documents needed to promote an employee on the
first of the month when eligible, said appointment shall be made retroactive to the first
of the month when eligible. An employee who is denied a promotion to a flexibly staffed
position may appeal such denial to the Merit Board.
SECTION 29 - PERSONNEL FILES
An employee shall have the right to inspect and review any official record(s) relating to
his or her performance as an employee or to a grievance concerning the employee
which is kept or maintained by the County in the employee's personnel file in the
Human Resources Department or in the employee's personnel file in their Department.
The employee’s Association representative, with written authorization by the employee,
shall also have the right to inspect and review any official record(s) described above.
The contents of such records shall be made available to the employee and/or the
employee’s Association representative, for inspection and review at reasonable
intervals during the regular business hours of the County. Employees shall be
permitted to review their personnel files at the Personnel office during their working
hours. For those employees whose work hours do not coincide with the County’s
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SECTION 28 - FLEXIBLE STAFFING
SECTION 29 - PERSONNEL FILES
business hours, management shall provide a copy of the employee’s personnel file for
the employee’s review. The custodian of records will certify that the copy is a true and
correct copy of the original file.
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. This section does not apply to the records
of an employee relating to the investigation of a possible criminal offense, medical
records and information or letters of reference.
Counseling memos, which are not disciplinary in nature, are to be retained in the file
maintained by the employee's supervisor or the person who issued the counseling
memo and are not to be transferred to the employee's central file which is normally
retained by the Human Resources Department unless such memos are subsequently
used in conjunction with a disciplinary action such as a letter of reprimand.
All documents pertaining to disciplinary actions shall be placed in the employee's official
personnel file within five (5) work days after the time management becomes aware of
the incident and has completed its investigation as to whether the employee is culpable
and shall be date stamped or dated at time of entry. This section is not intended to
include supervisor's notes or reminders of specific incidents or ongoing reports such as
attendance records. Generally, such investigations should be completed within thirty
(30) calendar days of the date management becomes aware of the incident(s), it being
understood that under certain circumstances such as the unavailability of witnesses or
the possibility of a criminal act having been committed may cause the investigation to
take longer than the aforementioned thirty (30) days.
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. If a letter of reprimand is used in a subsequent discharge, suspension or
demotion of the employee, the validity of the letter of reprimand may be considered at
any arbitration of the subsequent disciplinary action.
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
departments. In a case involving a grievance or disciplinary action, the employee's
designated representative may also review his/her personnel file with specific written
authorization from the employee. The County shall supply the Association with lists of
official personnel files and locations.
Derogatory material in an employee's personnel file over two years old will not be used
in a subsequent disciplinary action unless directly related to the action upon which the
discipline is taken. Derogatory material does not include prior suspensions, demotions
or dismissals for cause.
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SECTION 30 - SERVICE AWARDS
SECTION 30 - 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. The following procedures shall apply with respect to service awards:
A. Presentation Before the Board of Supervisors. An employee with twenty
(20) or more years of service may go before the Board of Supervisors to
receive his/her Service Award. When requested by a department, the
Human Resources Department will make arrangements for the
presentation ceremony before the Board of Supervisors and notify the
department as to the time and date of the Board meeting.
B. Service Award Day Off. Employees with fifteen (15) or more years of
service are entitled to take a day off with pay at each five (5) year
anniversary.
SECTION 31 – REIMBURSEMENT FOR MEAL EXPENSE
Employees shall be reimbursed for meal expenses under the following circumstances
and in the amount specified:
A. W hen the employee is required by his/her Department Head to attend a
meeting concerning County business or County affairs.
B. W hen the employee is required to be out of his/her regular or normal work
area during a meal hour because of a particular work assignment.
C. W hen the employee is required to stay over to attend consecutive or
continuing afternoon and night sessions of a board or commission.
D. W hen the employee is required to incur expenses as host for official
guests of the County, work as members of examining boards, official
visitors, and speakers or honored guests at banquets or other official
functions.
E. W hen the employee is required to work three (3) or more hours of
overtime or scheduled to work overtime with less than twenty-four (24)
hours notice; in this case he or she may be reimbursed in accordance with
the Administrative Bulletin on Expense Reimbursement. Meal costs will
be reimbursed only when eaten away from home or away from the facility
in the case of employees at twenty-four (24) hour institutions.
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SECTION 32 - COMPENSATION FOR LOSS OR DAMAGE TO
PERSONAL PROPERTY
SECTION 32 - 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
compensated.
C. Employee tools or equipment provided without the express approval of the
Department Head and automobiles are excluded from reimbursement.
D. The loss or damage must have occurred in the line of duty.
E. The loss or damage was not a result of negligence or lack of proper care
by the employee.
F. The personal property was necessarily worn or carried by the employee in
order to adequately fulfill the duties and requirements of the job.
G. The loss or damage to employee’s eyeglasses, dentures or other
prosthetic devices did not occur simultaneously with a job connected
injury covered by Workers' Compensation.
H. The amount of reimbursement shall be limited to the actual cost to repair
damages. Reimbursement for items damaged beyond repair shall be
limited to the actual value of the item at the time of loss or damage but not
more than the original cost.
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 33 - UNFAIR LABOR PRACTICE
Either the County or the Association may file an unfair labor practice as defined in
Board of Supervisor's Resolution 81/1165 against the other. Allegations of an unfair
labor practice, if not resolved in discussions between the parties within thirty (30) work
days from the date of receipt, may be heard and decided by a mutually agreed upon
impartial third party.
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SECTION 34 - PERMANENT PART-TIME EMPLOYEES
SECTION 34 - PERMANENT PART-TIME EMPLOYEES
34.1 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.
34.2 Hours. Permanent part-time employees who wish to have the hours of
their position increased, must so request in writing. These requests must be received
by the employee's department during the month of January and/or July for the duration
of this MOU. Departments reviewing these requests will evaluate them within thirty (30)
days of their receipt by considering the actual hours assigned to and worked by the
employee during the previous six (6) months and the anticipated continuing need from
their assignment on an increased basis. Those requests which are approved by the
department for an increase in hours will be submitted for consideration by the County
as a P300 request within an additional sixty (60) days. Nothing contained herein shall
conflict with layoff/reemployment provisions.
SECTION 35 – DEPUTY PUBLIC DEFENDER SPECIAL ASSIGNMENT - EXEMPT &
TEMPORARY EMPLOYEES
35.1 Deputy Public Defender Special Assignment-Exempt (25W2)
Employees.
A. The class of Deputy Public Defender Special Assignment is exempt from
the merit system. Individuals appointed to this class are employed for a
three-month limited term assignment that can be terminated at any time.
Compensation for this class is based on a monthly rate of pay that is pro-
rated for any partial month of work. Upon approval by the Public
Defender, appointments may be renewed for additional three-month
limited terms, but in no case will additional appointments exceed a total of
thirty-nine (39) months of employment.
B. Deputy Public Defender Special Assignment-Exempt employees are
entitled generally only to the benefits set forth in this Section 35.1 and
Section 35.4. If a pay or benefit that is described in this MOU does not
specifically reference Deputy Public Defender Special Assignment-
Exempt, then the pay or benefit does not apply to employees in this class.
1.Employees are entitled to accrue paid time off (PTO) at the rate of
3.33 hours per month. Accruals begin on the date of appointment.
Accruals for portions of a month will be calculated on the same
basis as for partial compensation. PTO may be taken in one
minute increments, but may not be taken during the first month of
employment. The maximum amount of PTO that employees may
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SECTION 35 – DEPUTY PUBLIC DEFENDER SPECIAL ASSIGNMENT -
EXEMPT & TEMPORARY EMPLOYEES
accrue is eighty (80) hours. On separation from County service, an
employee will be paid for any unused paid time off, not to exceed
eighty (80) hours. If an employee in the Deputy Public Defender
Special Assignment-Exempt classification is appointed to a Public
Defender I, II, III, or IV position, any accrued PTO shall be
converted to vacation hours and subject to the provisions of this
MOU relating to vacation.
2.Employees will accrue sick leave at the rate of eight (8) hours per
month. Employees are subject to the rules governing use of sick
leave that are set forth in Section 12 of this MOU.
3.Employees are entitled to observe the holidays identified in Section
10 of this MOU.
4.In recognition of the fact that employees in this class are not
entitled to overtime, employees will be credited with twenty (20)
hours of paid personal leave at the beginning of each three-month
appointment. The maximum amount of paid personal leave that
employees may accrue is eighty (80) hours. This paid personal
leave is separate from PTO. Employees will not be paid for any
unused paid personal leave upon separation from County service.
5.Health Benefits for Employees in the Classification of
Deputy Public Defender – Special Assignment-Exempt: For
the plan year that begins on January 1, 2016, employees in this
classification will have access to the County Selected High
Deductible Health Plan. Employees will be responsible for the
full premium cost of coverage. If during the 2016 plan year,
an employee achieves twelve consecutive months of
County employment in this classification or achieved and
maintained at least twelve consecutive months prior to
January 1, 2016, then the employee will be eligible to access
prospectively the medical plans (two-tier structure) and medical
plan subsidies set forth in 16.7.B. of this MOU. If an employee
achieves twelve consecutive months of County employment in
this classification during or prior to the plan year that begins on
January 1, 2017, or thereafter during the term of this MOU, the
employee will be eligible to access prospectively the medical
plans (three-tier structure) and medical plan subsidies set forth in
16.7.A. and 16.7.C. of this MOU.
6.Employees are entitled to payment of California State Bar
membership dues and criminal specialization fees pursuant to
Section 24.1 of this MOU.
35.2 Temporary Employee Leave Benefits. In addition to the limitations of
Temporary Employment in the DEFINITIONS section of this MOU, if a pay or benefit
that is described in this MOU does not specifically reference Temporary Employee, then
the pay or benefit does not apply to temporary employees.
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SECTION 35 – DEPUTY PUBLIC DEFENDER SPECIAL ASSIGNMENT -
EXEMPT & TEMPORARY EMPLOYEES
A. Crediting and Maximum Accumulation of Paid Time Off. On the first
of the month following a temporary employee’s completion of two
thousand eighty (2080) straight time hours worked, he or she shall be
credited with forty (40) hours of “paid time off” (“PTO”). Forty (40) hours
paid time off credit is the maximum amount an employee may have at any
time.
B. Use of Paid Time Off. Paid time off shall not be taken until credited per
subsection 35.2 paragraph A (Crediting and Maximum Accumulation of
Paid Time Off) above.
C. Payoff at Separation. If a temporary employee terminates his/her
County employment (separates from County service), the employee shall
be paid all currently “credited” PTO hours, as described in subsection 35.2
paragraph A (Crediting and Maximum Accumulation of Paid Time Off)
and, in addition, shall be paid off for that portion of PTO hours earned but
not credited on the basis of that portion of the straight time hours worked
(“STHW”) toward the next increment of two thousand eighty (2080)
straight time hours required for crediting of PTO. The formula for the
earned but not credited payoff is: STHW divided by 2080 multiplied by 40
multiplied by the current hourly pay rate at separation.
D. Appointment to a Permanent Position. If a temporary employee is
appointed to a permanent position, the credited PTO hours and the
earned but not yet credited PTO hours (as described in paragraph 35.2
paragraph C [Payoff at Separation] above) shall be converted to vacation
hour and subject to the provisions of this Memorandum of Understanding
relating to Vacation. When a temporary employee is appointed to a
permanent position, the employee shall be allowed to use the earned paid
time off hours during the first six (6) months of employment in a
permanent position.
35.3 Temporary Employee Step Placement.
A. New Employees. The anniversary date of a new temporary employee is
the first day of the calendar month after the calendar month when the
employee successfully completes one thousand forty (1040) straight time
hours.
B. Initial Step Placement. New temporary 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 if mutually agreeable guidelines have been
developed in advance or the Director of Human Resources (or designee)
offers to meet confer with the Association on a case by case basis each
time prior to formalizing the appointment.
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SECTION 35 – DEPUTY PUBLIC DEFENDER SPECIAL ASSIGNMENT -
EXEMPT & TEMPORARY EMPLOYEES
C. Increments within Range. The performance of each employee shall be
reviewed after the employee has completed an additional two thousand
eighty (2080) straight time hours of work. Advancement shall be granted
on the affirmative recommendation of the appointing authority, based on
satisfactory performance by the employee. The appointing authority may
recommend denial of the increment or denial subject to one additional
review at some specified date before the next anniversary which must be
set at the time the original report is returned. Except as herein provided,
increments within range shall not be granted more frequently than once a
year, nor shall more than one (1) step within range increment be granted
at one time. Increments shall not be granted to a temporary employee
more frequently than after the first one thousand forty (1040) straight time
hours worked and after each two thousand eighty (2080) additional
straight time hours worked thereafter. In case an appointing authority
recommends denial of the within range increment on some particular
anniversary date, but recommends a special salary review at some date
before the next anniversary the special salary review shall not affect the
regular salary review on the next anniversary date. Nothing herein shall
be construed to make the granting of increments mandatory on the
County. If an operating department verifies in writing that an
administrative or clerical error was made in failing to submit the
documents needed to advance an employee to the next salary step on the
first of the month when eligible, said advancement shall be made
retroactive to the first of the month when eligible.
35.4 Deputy Public Defender Special Assignment-Exempt & Temporary
Employee Grievances.
Deputy Public Defender Special Assignment-Exempt and temporary employees
covered by this Memorandum of Understanding may grieve only alleged violation of:
A. Section 1 (Association Recognition);
B. Section 2 (Association Security), subsections 2.1 (Dues Deduction)
through 2.5 (Withdrawal of Membership);
C. Subsection 5.1 (General Wages), and
D. The terms of this Section 35.
35.5 Union Dues. The membership or agency shop service fee charged by
the Association to temporary employees pursuant to subsection 2.2 (Agency Shop)
paragraph B shall equal 1% of the employee’s regular pay up to a maximum of ten
dollars ($10) per semi-monthly pay period. No initiation fee or special assessments
shall be required of these employees. A temporary employee who does not timely
authorize deduction of or directly pay Association Dues or an agency shop service fee
in lieu of dues will be terminated from County service.
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SECTION 36 - LUNCH PERIOD AND REST BREAKS
SECTION 36 - LUNCH PERIOD AND REST BREAKS
A. Employees who are in a pay status during their lunch are on call during their
lunch period. Employees who are not in a pay status during their lunch are on
their own time during their lunch period.
B. Employees shall be entitled to a rest break for each four (4) hours of work.
Scheduling of rest breaks shall be determined by management.
C. The terms of this section 36, Lunch Period and Rest Breaks, do not apply to
Deputy Public Defenders.
SECTION 37 - 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 38 - SCOPE OF AGREEMENT AND SEVERABILITY OF PROVISIONS
38.1 Scope of Agreement. Except as otherwise specifically provided herein,
this MOU fully and completely incorporates the understanding of the parties hereto and
constitutes the sole and entire agreement between the parties in any and all matters
subject to meet and confer. Neither party shall, during the term of this MOU demand
any change herein, provided that nothing herein shall prohibit the parties from changing
the terms of this MOU by mutual agreement. Any past side letters or any other
agreements that are not incorporated into or attached to this MOU are deemed expired
upon approval of this MOU by the Board of Supervisors. The Association understands
and agrees that the County is not obligated to meet and confer regarding wages, hours
or conditions of employment during the term of this extended agreement, except as
otherwise required by law.
38.2 Severability 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.
38.3 Personnel Management Regulations. Where a specific provision
contained in a section of this MOU conflicts with a specific provision contained in a
section of the Personnel Management Regulations, the provision of this MOU shall
prevail. Those provisions of the Personnel Management Regulations within the scope
CCC Defenders’ Association -82- 7/1/15 – 6/30/18 MOU
SECTION 39 - FAIR LABOR STANDARDS ACT PROVISIONS
of representation which are not in conflict with the provisions of this MOU and those
provisions of the Personnel Management Regulations which are not within the scope of
representation shall be considered in full force and effect.
38.4 Duration of Agreement. This Agreement will continue in full force and
effect from July 1, 2015 to and including June 30, 2018. Nothing herein shall be
interpreted or applied in a manner that precludes or impairs in any manner the
retroactive implementation of provisions of this Agreement for which an effective date
prior to adoption by the Board of Supervisors is expressly provided.
SECTION 39 - FAIR LABOR STANDARDS ACT PROVISIONS
The Fair Labor Standards Act, as amended, may govern certain terms and conditions
of the employment of employees covered by this MOU. It is anticipated that
compliance with the Act may require changes in some of the County policies and
practices currently in effect or agreed upon. If it is determined by the County that
certain working conditions, including but not limited to work schedules, hours of work,
method of computing overtime, overtime pay entitlements or use, must be changed to
conform with the Fair Labor Standards Act, such terms and conditions of employment
shall not be controlled by this MOU but shall be subject to modification by the County to
conform to the federal law, without further meeting and conferring. The County shall
notify Association and meet and confer with the Association regarding the
implementation of such modifications.
SECTION 40 – SAFETY IN THE WORKPLACE
The County shall expend every effort to see to it that the work performed under the
terms and conditions of this MOU is performed with a maximum degree of safety
consistent with the requirement to conduct efficient operations. The Department shall
have a standing committee to address all issues related to employee safety, including
the issuance of defensive tools. The committee shall be empowered to make
recommendations directly to the Public Defender related to employee safety. The
Committee shall consist of two representatives appointed by the Public Defender, two
representatives appointed by the Association, and a representative of the County’s Risk
Management Office to be invited to sit as needed as a non-decision making consultant.
The deliberations of this Committee shall not be construed as meeting the requirements
to meet and confer separately with the Association regarding any matter related to
wages, hours, or working conditions.
SECTION 41 - MISCELLANEOUS PROVISIONS
41.1 Professional Advisory Committee. The Professional Advisory
Committee shall be continued. Said committee shall be composed of not more than
two (2) employee representatives appointed by the Association and two (2) department
representatives and shall meet at the request of either party, within a reasonable period
of time.
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SECTION 41 - MISCELLANEOUS PROVISIONS
41.2 Deferred Compensation.
A. Employees represented by the Association will be eligible to participate in
the County’s Deferred Compensation Plan. The County will
contribute eighty-five dollars ($85) per month to the deferred
compensation accounts of all employees in the Public Defenders’ Unit
who participate in the County’s Deferred Compensation Plan. To
be eligible for this contribution, qualifying employees must:
1.Complete a County interest form and return it to the Benefits
Service Unit,
2.Deposit the Qualifying Base Contribution Amount indicated below
in his/her deferred compensation account, and
3.Maintain a minimum monthly contribution to the deferred
compensation plan in the amount indicated below:
B. Only those contributions made to the Deferred Compensation Program as
of the date the employee signs the County interest form qualify under the
program as the “Qualifying Base Contribution Amount”. If for any reason
an employee’s monthly contribution falls below the minimum amount
required, the employee is no longer eligible for the County’s eighty-five
dollar ($85) per month contribution and he/she must re-qualify for the
contribution by again satisfying the above listed criteria.
C. Special Benefit for Permanent Employees Hired on and after
March 1, 2011:
1.Beginning on June 1, 2011, and for the term of this MOU, the
County will contribute one hundred and fifty dollars ($150) per
month to an employee’s account in the Contra Costa County
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Current Monthly Qualifying Base
Contribution Amount
Current
Monthly Base
Contribution Amount
For Maintaining
Incentive Eligibility
$2,500 and below
$2,501 - 3,334
$3,335 - 4,167
$4,168 - 5,000
$5,001 - 5,834
$5,835 - 6,667
$6,668 & Above
$250
$500
$750
$1000
$1500
$2000
$2500
$50
$50
$50
$50
$100
$100
$100
SECTION 41 - MISCELLANEOUS PROVISIONS
Deferred Compensation Plan, or other tax-qualified savings
program designated by the County, for employees who meet all of
the following conditions:
a.The employee must be hired by Contra Costa County on or
after March 1, 2011.
b.The employee must be appointed to a permanent position.
The position may be either full time or part time, but if it is
part time, it must be designated, at a minimum, as 20 hours
per week.
c.The employee must have been employed by Contra Costa
County for at least 90 calendar days.
d.The employee must contribute a minimum of twenty-five
dollars ($25) per month to the Contra Costa County
Deferred Compensation Plan, or other tax-qualified savings
program designated by the County.
e.The employee must complete and sign the required
enrollment form(s) for his/her deferred compensation
account and submit those forms to the Human Resources
Department, Employee Benefits Services Unit.
f.The employee may not exceed the annual maximum
contribution amount allowable by the United States Internal
Revenue Code.
D. No Cross Crediting: The amounts contributed by the employee and the
County pursuant to Subsection C do not count towards the “Qualifying
Base Contribution Amount” or the “Monthly Base Contribution Amount for
Maintaining Incentive Eligibility” in Subsection A. Similarly, the amounts
contributed by the employee and the County pursuant to Subsection A do
not count towards the employee’s $25 per month minimum contribution
required by Subsection C.
E. Maximum Annual Contribution: All of the employee and County
contributions set forth in Subsections A and C will be added together to
ensure that the annual maximum contribution to the employee’s deferred
compensation account does not exceed the annual maximum contribution
rates set forth in the United States Internal Revenue Code.
F. Deferred Compensation Plan – Loan Provision: On June 26, 2012, the
Board of Supervisors adopted Resolution 2012/298 approving an
amendment to the Deferred Compensation Plan Loan Program. The
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SECTION 41 - MISCELLANEOUS PROVISIONS
Contra Costa County Public Defenders Association (CCCPDA) became
eligible to apply for loans through the Contra Costa County Deferred
Compensation Program effective June 26, 2012. The following is a
summary of the provisions of the loan program:
1.The minimum amount of the loan is $1,000.
2.The maximum amount of the loan is the lesser of 50% of the
employee’s balance or $50,000, or as otherwise provided by law.
3.The maximum amortization period of the loan is five (5) years.
4.The loan interest is fixed at the time the loan is originated and for
the duration of the loan. The loan interest rate is the prime rate plus
one percent (1%).
5.There is no prepayment penalty if an employee pays the balance of
the loan plus any accrued interest before the original amortization
period for the loan.
6.The terms of the loan may not be modified after the employee
enters into the loan agreement, except as provided by law.
7.An employee may have only one loan at a time.
8.Payment for the loan is made by monthly payroll deduction.
9.An employee with a loan who is not in paid status (e.g. unpaid
leave of absence) may make his/her monthly payments directly to
the Plan Administrator by some means other than payroll deduction
each month the employee is in an unpaid status (e.g. by a personal
check or money order).
10.The Loan Administrator (MassMutual Life Insurance Company or
its successor) charges a one-time $50 loan initiation fee. This fee is
deducted from the employee’s Deferred Compensation account.
CCC Defenders’ Association -86- 7/1/15 – 6/30/18 MOU
11.The County charges a one-time $25 loan initiation fee and a
monthly maintenance fee of $1.50. These fees are paid by payroll
deduction.
Date: ___________________
Contra Costa County:
(Signature / Printed Name)
CCC Defenders’ Association:
(Signature / Printed Name)
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/ /
/ /
/ /
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CONTRA COSTA COUNTY
DEFENDERS’ ASSOCIATION
DEPUTY PUBLIC DEFENDER UNIT
ATTACHMENTS
ATTACHMENT A CLASS AND SALARY LISTING
ATTACHMENT B MEDICAL/DENTAL PLANS
ATTACHMENT A
Job code Class Title
Flex Staff (F)/
Deep Class (D)From To
25WA DEPUTY PUBLIC DEFENDER I F $5,589.46 $5,589.46
25VA DEPUTY PUBLIC DEFENDER II F $7,209.12 $8,762.73
25TB DEPUTY PUBLIC DEFENDER III F $9,455.95 $11,493.76
25TA DEPUTY PUBLIC DEFENDER IV F $10,433.76 $12,682.29
25W2 DEPUTY PUBLIC DEF-SP ASGMNT-EX $5,167.62 $5,167.62
6N75 PUBLIC DEFENDER INVESTIG AIDE $2,488.53 $3,024.82
6N7A PUBLIC DEFENDER INVESTIG ASST F $2,744.82 $3,336.35
6NWA PUBLIC DEFENDER INVESTIGATOR I F $5,101.53 $6,200.94
6NVA PUBLIC DEFENDER INVESTIGATR II F $5,836.89 $7,094.78
6NVB SR PUBLIC DEFENDER INVEST AIDE $3,501.84 $4,256.51
CCC PUBLIC DEFENDERS ASSOCIATION
CLASS AND SALARY LISTING
Effective 1/1/2016
Salary Range
ATTACHMENT B
CCC Public Defenders Association
MEDICAL/DENTAL PLANS
July 1, 2015 through June 30, 2018
Covered Offered
The County offers the following Plans:
Contra Costa Health Plans (CCHP), Kaiser Permanente, Health Net, Delta Dental and Delta Care USA
(PMI) Dental.
Co-Pays and Co-Insurance
The health plan co-pays are as follows:
CCHP A: $0 Office Visit in the RMC Network
$0 Preferred Generic RX
$0 Preferred Brand RX
$0 Non-Preferred Brand RX
CCHP B: $0 Office Visit in the RMC Network
$5 Office Visit in the CPN Network
$3 Preferred Generic RX
$3 Preferred Brand RX
$3 Non-Preferred Brand RX
KAISER PERMANENTE PLAN A: $10 Office Visit
$10 Preferred Generic RX
$20 Preferred Brand RX
$20 Non-Preferred Brand RX
$10 Emergency Room
KAISER PERMANENTE PLAN B: $500 Deductible Per Person
$1000 Deductible Per Family
$20 Office Visit Copay (not subject to deductible)
$20 Urgent Care Copay (not subject to deductible)
$10 Lab & X-ray Copay (not subject to deductible)
$10 Preferred Generic RX
$30 Preferred Brand RX
$30 Non-Preferred Brand RX
10% Co-Insurance After Deductible for Inpatient Hospital,
Outpatient Surgical and Emergency Room
$3000 per person and $6000 per family Annual Out of
Pocket Maximum
KAISER PERMANENTE HDHP $1500 Deductible Per Person
$3000 Deductible Per Family
10% Office Visit Coinsurance (After Deductible)
10% Urgent Care Coinsurance (After Deductible)
10% Lab & X-Ray Coinsurance (After Deductible)
$10 Generic Rx (After Deductible)
$30 Brand-Name Rx (After Deductible)
10% Inpatient Hospitalization Coinsurance (After
Deductible)
10% Outpatient Surgery & ER Coinsurance (After
Deductible)
$3000 per Person Annual Out of Pocket Maximum
$6000 per Family Annual Out of Pocket Maximum
HEALTH NET HMO Plan A: $10 Office Visit
$10 Preferred Generic RX
$20 Preferred Brand RX
$35 Non-Preferred Brand or Generic RX
$25 Emergency Room
HEALTH NET HMO Plan B: $20 Office Visit
$50 Urgent Care Visit
$1000 Inpatient Hospital Co-pay
$500 Out-Patient Surgery Co-pay
$100 Emergency Room Co-pay
$10 Preferred Brand RX
$20 Non-Preferred Brand RX
$35 Non-Preferred Brand or Generic RX
$2000 per person and $6000 per family Annual Out of
Pocket Maximum
HEALTH NET PPO Plan A: $10 Office Visit in network
$5 Preferred Generic RX
$5 Preferred Brand RX
$5 Non-Preferred Brand or Generic RX
$50 Emergency Room Deductible, 10% Co-Insurance
HEALTH NET PPO Plan B: $500 Deductible Per Person
$1500 Deductible Per Family
$20 Office Visit in network
80% / 20% For Most In-Network Benefit
60% / 40% For Most In-Network Benefit
$10 Preferred Generic RX
$20 Preferred Brand RX
$35 Non-Preferred Brand or Generic RX
$50 Emergency Room Deductible, 30% Co-Insurance
CONTRA COSTA COUNTY
DEFENDERS’ ASSOCIATION
SUBJECT INDEX
Accrual During Leave Without Pay (Vacation Leave And Paid Personal Leave) ........ 30
Accrual During Leave Without Pay (Sick Leave) ......................................................... 42
Accrual Rates – Deputy Public Defenders .................................................................. 28
Accrual Usage ............................................................................................................. 18
Administration of Sick Leave ....................................................................................... 34
Adoption ...................................................................................................................... 82
Advance Notice ............................................................................................................. 7
Agency Shop ................................................................................................................. 4
Anniversary Dates ....................................................................................................... 11
Annual Administrative Leave (Deputy Public Defenders) ............................................ 31
Application of Overtime and Compensatory Time Off ................................................. 18
Assignment of Classes to Bargaining Units .................................................................. 8
Association Recognition ................................................................................................ 4
Association Representatives ......................................................................................... 9
Association Security ...................................................................................................... 4
Association-Sponsored Training Programs ................................................................. 10
Attendance at Meetings ................................................................................................ 9
Automated Time Keeping ............................................................................................ 18
Benefits (Permanent Part-Time Employees) ............................................................... 78
Bilingual Pay ............................................................................................................... 69
Call Back Time ............................................................................................................ 21
Catastrophic Leave Bank ............................................................................................ 43
Charge For Use of Home Garaged County Vehicle .................................................... 73
Child Care ................................................................................................................... 59
Coerced Resignations ................................................................................................. 64
Communicating With Employees .................................................................................. 7
Compensation For Loss or Damage to Personal Property .......................................... 77
Compensation for Portion of Month ............................................................................ 12
Compensatory Time .................................................................................................... 19
Competitive Exam ....................................................................................................... 61
Computer Vision Care (CVC) Users Eye Examination ................................................ 73
Contribution (Retirement) ............................................................................................ 69
Constructive Resignation ............................................................................................ 63
Coverage During Absences ........................................................................................ 59
Credits to and Charges Against Sick Leave ................................................................ 31
Criteria ......................................................................................................................... 60
Days and Hours of Work ............................................................................................. 17
Deferred Compensation .............................................................................................. 84
Definition and Procedural Steps (Grievance Procedure) ............................................ 67
Definitions ..................................................................................................................... 2
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Definitions (Days and Hours of Work) ......................................................................... 17
Dependent Care Assistance Program ......................................................................... 58
Deputy Public Defender Law School Student Loan Reimbursement Program ........... 71
Deputy Public Defender Professional Expenses ......................................................... 70
Deputy Public Defender Special Assignment-Exempt (25W2) Employees ................. 78
Deputy Public Defender Special Assignment-Exempt & Temp EE Grievances..........81
Deputy Public Defender Special Assignment-Exempt & Temporary Employees ........ 78
Disability ...................................................................................................................... 36
Discretionary Steps ..................................................................................................... 16
Dismissal, Suspension, Temporary Reduction In Pay, and Demotion ........................ 64
Definition and Procedural Steps .................................................................................. 67
Dual Coverage ............................................................................................................ 55
Dues Deduction ............................................................................................................. 4
Dues Form .................................................................................................................... 6
Duration of Agreement ................................................................................................ 83
Effective Resignation .................................................................................................. 63
Employee Representation Rights ................................................................................ 67
Employee Response ................................................................................................... 66
Entrance Salary ........................................................................................................... 11
Fair Labor Standards Act Provisions ........................................................................... 83
Family Care and Medical Leave (FMLA/CFRA) .......................................................... 46
Family Member Eligibility Criteria ................................................................................ 54
Filing By the Association At Step 3 ............................................................................. 69
Flexible Staffing ........................................................................................................... 74
Furlough Days Without Pay (Voluntary Time Off or “V.T.O.”) ..................................... 45
General Administration – Leaves of Absence ............................................................. 44
General Wages ........................................................................................................... 10
Grievance Procedure .................................................................................................. 67
Group Health Plan Coverage ...................................................................................... 46
Health, Life & Dental Care .......................................................................................... 50
Health Benefit Coverage for Employees Not Otherwise Covered ............................... 59
Health Care Spending Account ................................................................................... 58
Health Plan Coverage ................................................................................................. 50
Health Plan Coverages and Provisions ....................................................................... 54
Holiday is Not Worked and Holiday Falls On Scheduled Work Day ............................ 27
Holiday is WORKED and Holiday Falls on Regularly Scheduled W ork Day ............... 27
Holidays ...................................................................................................................... 26
Holidays Observed ...................................................................................................... 26
Hours (Permanent Part-Time Employees) .................................................................. 78
Increments Within Range ............................................................................................ 12
Investigator Use of County Cars ................................................................................. 73
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Jury Duty ..................................................................................................................... 48
Layoff During Probation .............................................................................................. 61
Leave of Absence ....................................................................................................... 44
Leave of Absence Replacement and Reinstatement .................................................. 48
Length of Suspension ................................................................................................. 66
Leave Pending Employee Response .......................................................................... 66
Leave Without Pay ...................................................................................................... 44
Leave Without Pay – Use of Accruals ......................................................................... 47
Length of Suspension ................................................................................................. 66
Life Insurance Benefits................................................................................................ 57
Long-Term Disability Insurance ................................................................................... 41
Lunch Period and Rest Breaks ................................................................................... 82
Maintenance of Membership ......................................................................................... 7
Medical Plan Cost-Sharing on and after January 1, 2016 ........................................... 56
Military Leave .............................................................................................................. 46
Miscellaneous Provisions ............................................................................................ 83
Monthly Premium Subsidy........................................................................................... 50
No Discrimination/Americans With Disabilities Act (ADA) ............................................. 8
Notice .......................................................................................................................... 25
Open Exam ................................................................................................................. 62
Operation .................................................................................................................... 43
Overtime ...................................................................................................................... 18
Overtime and Compensatory Time Off ....................................................................... 18
Parallel Deputy Public Defender Compensation Adjustments .................................... 17
Partial Month ............................................................................................................... 58
Part-Time Compensation ............................................................................................ 12
Payment ...................................................................................................................... 15
Pay for Work in Higher Classification .......................................................................... 14
Pay Warrant Errors ..................................................................................................... 73
Permanent Intermittent Employees-Holiday is Worked ............................................... 28
Permanent Part-Time Employees ............................................................................... 78
Policies Governing the Use of Paid Sick Leave .......................................................... 32
PERS Long-Term Care ............................................................................................... 58
Personnel Files ........................................................................................................... 74
Personnel Management Regulations .......................................................................... 82
Policies Governing the Use of Paid Sick Leave .......................................................... 32
Position Reclassification ............................................................................................. 12
Pregnancy Disability Leave/How Leave is Counted .................................................... 46
Premium Conversion Plan .......................................................................................... 58
Prevailing Section ....................................................................................................... 58
Probationary Period .................................................................................................... 59
Procedure on Dismissal, Suspension, Temporary Reduction in Pay, or Demotion ..... 66
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Professional Advisory Committee ............................................................................... 83
Program Design .......................................................................................................... 43
Promotion .................................................................................................................... 61
Promotion Policy ......................................................................................................... 62
Promotion via Reclassification Without Examination .................................................. 62
Public Defender Investigator Professional Expenses .................................................. 71
Purpose of Sick Leave ................................................................................................ 31
Rate Information.......................................................................................................... 58
Reassignment of Laid Off Employees ......................................................................... 26
Regular Appointment .................................................................................................. 60
Reimbursement for Use of Personal Vehicle .............................................................. 73
Reimbursement For Meal Expense ............................................................................. 76
Reinstatement From Family Care/Medical Leave ....................................................... 48
Rejection During Probation/Appeal ............................................................................. 60
Rejection During Probation of Layoff Employee.......................................................... 61
Release Time for Examinations .................................................................................. 63
Release Time for Physical Examination ...................................................................... 63
Requirements for Promotional Standing ..................................................................... 62
Resignations ............................................................................................................... 63
Resignation in Good Standing .................................................................................... 63
Resignation Procedure ................................................................................................ 63
Retirement ................................................................................................................... 69
Retirement Benefits – Employees Who Become
Members of CCCERA After December 31, 2012 ........................................................ 70
Retirement Coverage .................................................................................................. 51
Revised Probationary Period ....................................................................................... 59
Revocation .................................................................................................................. 64
Safety in the Workplace .............................................................................................. 83
Salaries ....................................................................................................................... 10
Salary on Involuntary Demotion .................................................................................. 14
Salary on Promotion .................................................................................................... 14
Salary on Voluntary Demotion..................................................................................... 14
Salary Reallocation & Salary on Reallocation ............................................................. 13
Salary Review While on Leave of Absence ................................................................ 48
Scope of Agreement ................................................................................................... 82
Scope of Agreement and Severability of Provisions ................................................... 82
Seniority Credits .......................................................................................................... 62
Separation Through Layoff .......................................................................................... 22
Service Award Date Defined ....................................................................................... 29
Service Awards ........................................................................................................... 76
Severability of Provisions ............................................................................................ 82
Sick Leave ................................................................................................................... 31
Skelly Requirements ................................................................................................... 64
Special Employment Lists ........................................................................................... 25
State Disability Insurance (SDI) .................................................................................. 41
Straight Time Pay and Straight Time Compensatory Time ......................................... 20
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Strike/Work Stoppage ................................................................................................. 69
Sufficient Cause for Action .......................................................................................... 64
Supplemental Life Insurance ....................................................................................... 57
Temporary Employee Grievances ............................................................................... 81
Temporary Employee Leave Benefits ......................................................................... 79
Temporary Employee Step Placement ....................................................................... 80
Temporary Employees ................................................................................................ 81
Time Limits .................................................................................................................. 69
Timestamp .................................................................................................................. 17
Training and Professional Expense Reimbursement .................................................. 70
Unauthorized Absence ................................................................................................ 48
Unfair Labor Practice .................................................................................................. 77
Union Dues ................................................................................................................. 81
Use of County Buildings ................................................................................................ 7
Vacation Accrual Rates – Investigator and Investigator Aide ...................................... 29
Vacation Allowance ..................................................................................................... 28
Vacation Allowance for Separated Employees ........................................................... 31
Vacation Buy-Back ...................................................................................................... 30
Vacation Leave and Paid Personal Leave .................................................................. 28
Vacation Leave on Reemployment From a Layoff List................................................ 28
Vacation Preference .................................................................................................... 31
Vehicle Costs .............................................................................................................. 73
W ithdrawal of Membership............................................................................................ 7
Witness Duty ............................................................................................................... 49
Workers’ Compensation .............................................................................................. 38
Workforce Reduction .................................................................................................. 21
Workforce Reduction/Layoff/Reassignment ................................................................ 21
Written Statement for New Employees ......................................................................... 8
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