HomeMy WebLinkAboutRESOLUTIONS - 03292016 - 2016/137MEMORANDUM OF
UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND
DEPUTY SHERIFFS’ ASSOCIATION
MANAGEMENT UNIT
JULY 1, 2016 – JUNE 30, 2019
DEPUTY SHERIFFS’ ASSOCIATION
MANAGEMENT UNIT
TABLE OF CONTENTS
SECTION 1 RECOGNITION
1.1 Association Recognition ............................................................... 3
1.2 Association Business .................................................................... 4
SECTION 2 ASSOCIATION SECURITY
2.1 Dues Deduction ............................................................................ 4
2.2 Maintenance of Membership ........................................................ 4
2.3 Withdrawal of Membership ........................................................... 4
2.4 Communicating With Employees .................................................. 4
2.5 Use of County Buildings ............................................................... 5
2.6 Advance Notice ............................................................................. 6
2.7 Assignment of Classes to Bargaining Units .................................. 6
SECTION 3 NO DISCRIMINATION .................................................................. 6
SECTION 4 OFFICIAL REPRESENTATIVES
4.1 Attendance at Meetings ................................................................ 7
4.2 Association Representatives ........................................................ 7
4.3 Union Release Time Bank - Limited Pilot Program....................... 7
SECTION 5 SALARIES
5.1 General Wages ............................................................................. 7
5.2 Entrance Salary ............................................................................ 8
5.3 Anniversary Dates ........................................................................ 8
5.4 Increments Within Range ............................................................. 9
5.5 Part-Time Compensation .............................................................. 9
5.6 Compensation for Portion of Month ............................................ 10
5.7 Position Reclassification ............................................................. 10
5.8 Salary Reallocation & Salary on Reallocation ............................. 10
5.9 Salary on Promotion ................................................................... 11
5.10 Salary on Involuntary Demotion .................................................. 11
5.11 Salary on Voluntary Demotion .................................................... 11
5.12 Transfer ...................................................................................... 12
5.13 Pay for Work in Higher Classification ......................................... 12
5.14 Payment ..................................................................................... 13
SECTION 6 DAYS AND HOURS OF WORK
6.1 Definitions ................................................................................... 14
6.2 Time Reporting/Time Stamping .................................................. 15
SECTION 7 SENIORITY, WORKFORCE REDUCTION,
LAYOFF & REASSIGNMENT
7.1 Workforce Reduction .................................................................. 16
7.2 Separation Through Layoff ......................................................... 17
7.3 Notice ......................................................................................... 20
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7.4 Special Employment Lists ........................................................... 20
7.5 Reassignment of Laid off Employees ......................................... 20
SECTION 8 HOLIDAYS
8.1 Holidays Observed ..................................................................... 20
8.2 Holiday is NOT Worked and Holiday
Falls on Scheduled Work Day .................................................... 21
8.3 Holiday is NOT Worked and Holiday
Falls on Scheduled Day Off ........................................................ 22
SECTION 9 VAC ATION LEAVE
9.1 Vacation Allowance .................................................................... 22
9.2 Vacation Accrual Rates .............................................................. 23
9.3 Accrual During Leave Without Pay ............................................. 23
9.4 Vacation Allowance for Separated Employees ........................... 23
9.5 Pro-rated Accruals ...................................................................... 23
9.6 Vacation Leave on Reemployment From a Layoff List ............... 23
SECTION 10 SICK LEAVE
10.1 Purpose ...................................................................................... 24
10.2 Accrual ........................................................................................ 24
10.3 Administration of Sick Leave ...................................................... 26
10.4 Disability ..................................................................................... 27
10.5 Workers’ Compensation ............................................................. 29
10.6 Accrual During Leave Without Pay ............................................. 30
SECTION 11 LEAVE OF ABSENCE
11.1 Leave Without Pay ..................................................................... 30
11.2 General Administration – Leaves of Absence ............................. 30
11.3 Family Care or Medical Leave .................................................... 31
11.4 Pregnancy Disability Leave ......................................................... 33
11.5 Group Health Plan Coverage ...................................................... 33
11.6 Leave Without Pay - Use of Accruals ......................................... 34
11.7 Military Leave .............................................................................. 34
11.8 Return From Leave of Absence .................................................. 35
11.9 Appeal of Denial ......................................................................... 35
11.10 Salary Review While on Leave of Absence ................................ 35
11.11 Unauthorized absence ................................................................ 36
SECTION 12 JURY DUTY AND WITNESS DUTY
12.1 Jury Duty ..................................................................................... 36
12.2 Witness Duty .............................................................................. 37
SECTION 13 MEDICAL, DENTAL AND LIFE INSURANCE
13.1 Health Plan ................................................................................. 37
13.2 Contra Costa Health Plan (CCHP).............................................. 37
13.3 CalPERS Health Plan Monthly Premium Subsidy ...................... 37
13.4 Dental Plan ................................................................................. 38
13.5 Dental Plan Contribution ............................................................. 38
13.6 Orthodontia Coverage ................................................................ 39
13.7 Rate Information ......................................................................... 39
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13.8 Life Insurance Benefit Under Health and Dental Plans .............. 39
13.9 Life Insurance Contribution ......................................................... 39
13.10 Premium Payments .................................................................... 40
13.11 Extended Coverage .................................................................... 40
13.12 Retirement Coverage .................................................................. 40
13.13 Dual Coverage ............................................................................ 41
13.14 Employee Assistance Program ................................................... 42
13.15 Health Care Spending Account .................................................. 42
13.16 Dependent Care Assistance Program ........................................ 43
13.17 Premium Conversion Plan .......................................................... 43
13.18 Prevailing Section ....................................................................... 43
13.19 Health Benefits for Employees Not Otherwise Covered ............. 43
SECTION 14 PROBATIONARY PERIOD
14.1 Revised Probationary Period ...................................................... 43
14.2 Criteria ........................................................................................ 43
14.3 Rejection During Probation ......................................................... 44
14.4 Regular Appointment .................................................................. 44
14.5 Layoff During Probation .............................................................. 45
SECTION 15 GENERAL TERMS & CONDITIONS OF
EMPLOYMENT/MANAGEMENT BENEFITS
15.1 Incentives.................................................................................... 45
15.2 Differentials ................................................................................. 47
15.3 Leaves & Pay for Time Not Worked ........................................... 47
15.4 Benefits & Allowances ................................................................ 48
15.5 Terms & Conditions of Employment ........................................... 51
15.6 Officer of the Day Program ......................................................... 51
15.7 Holiday is Not Worked by F-T Lieutenants who are
Assigned to the Officer of the Day Program ............................... 53
15.8 Holiday is WORKED by Lieutenants Who are
Assigned to the Officer Of the Day Program and
Holiday Falls on Scheduled Work Day ....................................... 53
15.9 Holiday is WORKED by Lieutenant Assigned to the Officer
of the Day Program and Holiday Falls on Scheduled Day Off .... 53
15.10 Time Reporting and Pay Practices Waiver ................................. 53
SECTION 16 PROMOTION
16.1 Competitive Exam ....................................................................... 54
16.2 Promotion Policy ......................................................................... 54
16.3 Open Exam ................................................................................. 54
16.4 Promotion Via Reclassification Without Exam ............................ 54
16.5 Requirements for Promotional Standing ..................................... 54
16.6 Seniority Credits ......................................................................... 54
16.7 Physical Examination .................................................................. 55
SECTION 17 RESIGNATIONS
17.1 Resignation in Good Standing .................................................... 55
17.2 Constructive Resignation ............................................................ 55
17.3 Effective Resignation .................................................................. 55
17.4 Revocation .................................................................................. 55
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17.5 Coerced Resignations ................................................................ 55
SECTION 18 DISMISSAL, SUSPENSION & DEMOTION
18.1 Cause for Disciplinary Action ...................................................... 56
18.2 Skelly Requirements - Notice of
Proposed Action (Skelly Notice) ................................................. 57
18.3 Employee Response ................................................................... 57
18.4 Leave Pending Employee Response .......................................... 58
18.5 Length of Suspension ................................................................. 58
18.6 Procedure on Dismissal, Suspension
or Disciplinary Demotion ............................................................. 58
SECTION 19 MANAGEMENT COMPLAINT PROCEDURE
19.1 Definition ..................................................................................... 58
19.2 Compensation Complaints .......................................................... 59
19.3 Strike/Work Stoppage ................................................................. 60
19.4 Merit Board ................................................................................. 60
19.5 Filing by Association ................................................................... 60
19.6 Letters of Reprimand .................................................................. 60
19.7 Corrective Counseling System .................................................... 60
SECTION 20 DEPARTMENT INVESTIGATIONS ............................................ 62
SECTION 21 LABOR/MANGAEMENT COMMITTEE ...................................... 62
SECTION 22 RETIREMENT CONTRIBUTION
22.1 Safety Retirement Tier Elections - Employees Hired
or Rehired Before January 1, 2013 ............................................. 62
22.2 Tier A - Thirty Years of Continuous
Service as a Safety Member ....................................................... 64
22.3 Safety Retirement Tier C - Employees Hired or Rehired
after December 31, 2006, but Before January 1, 2013 ............... 64
22.4 Safety Retirement Benefit - Sworn Employees who become
New Members of CCCERA on or after January 1, 2013 ............ 65
22.5 Retirement Benefit - Non-Sworn Employees who become
New Members of CCCERA on or after January 1, 2013 ............ 65
SECTION 23 SAFETY ...................................................................................... 66
SECTION 24 MILEAGE ................................................................................... 66
SECTION 25 PAY WARRANT ERRORS ......................................................... 66
SECTION 26 PROVISIONAL APPOINTMENT ................................................ 66
SECTION 27 PERSONNEL FILES .................................................................. 67
SECTION 28 SERVICE AWARDS ................................................................... 68
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SECTION 29 REIMBURSEMENT FOR MEAL EXPENSES &
CHARGE FOR DETENTION DIVISION MEALS
29.1 Reimbursement for Meal Expenses ............................................ 68
29.2 Charge for Detention Division Meals .......................................... 69
SECTION 30 COMPENSATION FOR LOSS OR DAMAGE
TO PERSONAL PROPERTY
30.1 Conditions ................................................................................... 69
30.2 Policies & Practices .................................................................... 70
SECTION 31 UNFAIR LABOR PRACTICE ...................................................... 70
SECTION 32 LENGTH OF SERVICE DEFINITION
(for service awards & vacation accruals) ............................... 70
SECTION 33 UNIFORM ALLOWANCE/S.W.A.T. UNIFORM
33.1 Uniform Allowance ...................................................................... 70
33.2 Uniform Allowance Method Of Payment ..................................... 70
33.3 S.W.A.T. Uniform........................................................................ 70
SECTION 34 PEACE OFFICER TRAINING INCENTIVE PROGRAM
34.1 Management/Executive P.O.S.T. Certificate .............................. 71
34.2 Advanced P.O.S.T. Certificate .................................................... 71
34.3 Intermediate P.O.S.T. Certificate ................................................ 71
SECTION 35 CRITICAL INCIDENT ................................................................. 71
SECTION 36 ADOPTION ................................................................................. 72
SECTION 37 SCOPE OF AGREEMENT & SEVERABILITY OF PROVISIONS
37.1 Scope of Agreement ................................................................... 72
37.2 Severability of Provisions ............................................................ 72
37.3 Personnel Management Regulations .......................................... 72
37.4 Duration of Agreement................................................................ 72
ATTACHMENT
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MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND
DEPUTY SHERIFFS' ASSOCIATION
MANAGEMENT UNIT
This Memorandum of Understanding (MOU) is entered into pursuant to the authority
contained in Board of Supervisors Resolution 81/1165 and has been jointly prepared by
the parties.
The Employee Relations Officer (County Administrator) is the representative of Contra
Costa County in employer-employee relations matters as provided in Board of
Supervisors Resolution 81/1165, Section 34-8.012.
The parties have met and conferred in good faith regarding wages, hours and other
terms and conditions of employment for the employees in units in which the Association
is the recognized representative, have freely exchanged information, opinions and
proposals and have endeavored to reach agreement on all matters relating to the
employment conditions and employer-employee relations covering such employees.
This MOU shall be presented to the Contra Costa County Board of Supervisors as the
joint recommendations of the undersigned for salary and benefits for the term as set
forth herein.
DEFINITIONS
DEFINITIONS
Appointing Authority: Department Head unless otherwise provided by statute or
ordinance.
Association: Deputy Sheriffs' Association.
Class: A group of positions sufficiently similar with respect to the duties and
responsibilities that similar selection procedures and qualifications may apply and that
the same descriptive title may be used to designate each position allocated to the
group.
Class Title: The designation given to a class, to each position allocated to the class,
and to the employees allocated to the class.
County: Contra Costa County.
Demotion: The change of a permanent employee to another position in a class
allocated to a salary range for which the top step is lower than the top step of the class
which the employee formerly occupied except as provided for under "Transfer" or as
otherwise provided for in this MOU, in the Personnel Management Regulations, or in
specific resolutions governing deep classifications.
Director of Human Resources: The person designated by the County Administrator
to serve as the Assistant County Administrator-Director of Human Resources.
Eligible: Any person whose name is on an employment or reemployment or layoff list
for a given classification.
Employee: A person who is an incumbent of a position or who is on leave of absence
in accordance with provisions of this MOU and whose position is held pending his/her
return.
Employment List: A list of persons who have been found qualified for employment in
a specific class.
Layoff List: A list of persons who have occupied positions allocated to a class in the
Merit System and who have been involuntarily separated by layoff or displacement or
have voluntarily demoted in lieu of layoff.
Permanent-Intermittent Position: Any position which requires the services of an
incumbent for an indefinite period but on an intermittent basis, as needed, paid on an
hourly basis.
Permanent Part-Time Position: Any position which will require the services of an
incumbent for an indefinite period but on a regularly scheduled less than full time basis.
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SECTION 1 - RECOGNITION
Permanent Position: Any position which has required, or which will require the
services of an incumbent without interruption, for an indefinite period.
Project Employee: An employee who is engaged in a time limited program or service
by reason of limited or restricted funding. Such positions are typically funded from
outside sources but may be funded from County revenues.
Promotion: The change of a permanent employee to another position in a class
allocated to a salary range for which the top step is higher than the top step of the class
which the employee formerly occupied, except as provided for under "Transfer" or as
otherwise provided for in this MOU, in the Personnel Management Regulations, or in
specific resolutions governing deep classes.
Position: The assigned duties and responsibilities calling for the regular full time, part-
time or intermittent employment of a person.
Reallocation: The act of reassigning an individual position from one class to another
class at the same range of the salary schedule or to a class which is allocated to
another range that is within five (5) percent of the top step, except as otherwise
provided for in the Personnel Management Regulations, deep class resolutions or other
ordinances.
Reclassification: The act of changing the allocation of a position by raising it to a
higher class or reducing it to a lower class on the basis of significant changes in the
kind, difficulty or responsibility of duties performed in such position.
Reemployment List: A list of persons, who have occupied positions allocated to any
class in the merit system and, who have voluntarily separated and are qualified for
consideration for reappointment under the Personnel Management Regulations
governing reemployment.
Resignation: The voluntary termination of permanent service with the County from a
position in the merit system.
Temporary Employment: Any employment in the merit system which will require the
services of an incumbent for a limited period of time, paid on an hourly basis, not in an
allocated position or in permanent status.
Transfer: The change of an employee who has permanent status in a position to
another position in the same class in a different department, or to another position in a
class which is allocated to a range on the salary plan that is within five percent (5%) at
top step as the class previously occupied by the employee.
SECTION 1 - RECOGNITION
1.1 Association Recognition. The Association is the formally recognized employee
organization for the Deputy Sheriffs' Management Unit and such organization has been
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SECTION 2 - ASSOCIATION SECURITY
certified as such pursuant to Chapter 34-12 of Board of Supervisor's Resolution
81/1165 by Board Order dated September 21, 1993. Represented classes in this unit
are:
Captain (6XDA)
Sheriff’s Chief of Forensic Services (6DDB)
Lieutenant (6XHA)
Administrative Lieutenant (6XHB)
Deputy Sheriff Forensic Manager (6DGA)
1.2 Association Business. All elected members of the Board of the governing
body of the DSA and any general member having agendized business before the Board
requiring the member's personal appearance may be allowed to attend said Board
meeting during duty hours without any loss of pay or benefit, provided that at least
twenty-four (24) hour advance written request is made.
The supervisor of the member shall be empowered to grant release time, if the granting
of same would not require added costs (i.e., overtime or replacement by a temporary
employee). Operational impact will also be considered.
SECTION 2 - ASSOCIATION SECURITY
2.1 Dues Deduction. Pursuant to Chapter 34-26 of Resolution 81/1165 only a
majority representative may have dues deduction and as such the Association has the
exclusive privilege of dues deduction for all members in its unit.
2.2 Maintenance of Membership. All employees in units represented by the
Association who are currently paying dues to the Association and all employees in such
units who hereafter become members of the Association shall as a condition of
continued employment pay dues to the Association for the duration of this MOU and
each year thereafter so long as the Association continues to represent the position to
which the employee is assigned, unless the employee has exercised the option to
cease paying dues in accordance with Section 2.3.
2.3 Withdrawal of Membership. By notifying the Auditor-Controller's Department in
writing, between August 1 and August 31 of the agreed upon contract terms, any
employee may withdraw from Association membership and discontinue paying dues as
of the payroll period commencing September 1 of the current contract year,
discontinuance of dues payments to then be reflected in the October 10th paycheck of
the current contract year. Immediately upon the close of the above mentioned thirty (30)
day period the Auditor-Controller shall submit to the Association a list of the employees
who have rescinded their authorization for dues deduction.
2.4 Communicating With Employees. The Association shall be allowed to use
designated portions of bulletin boards or display areas in public portions of County
buildings or in public portions of offices in which there are employees represented by
the Association, provided the communications displayed have to do with official
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SECTION 2 - ASSOCIATION SECURITY
organization business such as times and places of meetings and further provided that
the Association appropriately posts and removes the information. The department head
reserves the right to remove objectionable materials after notification to and discussion
with the Association.
Representatives of the Association, not on County time, shall be permitted to place a
supply of employee literature at specific locations in County buildings if arranged
through the Labor Relations Manager; said representatives may distribute employee
organization literature in work areas (except work areas not open to the public) if the
nature of the literature and the proposed method of distribution are compatible with the
work environment and work in progress. Such placement and/or distribution shall not be
performed by on duty employees.
The Association shall be allowed access to work locations in which it represents
employees for the following purposes:
a.to post literature on bulletin boards;
b.to arrange for use of a meeting room;
c.to leave and/or distribute a supply of literature as indicated above;
d.to represent an employee on an appeal, and/or to contact an Association officer
on a matter within the scope of representation.
In the application of this provision, it is agreed and understood that in each such
instance advance arrangements including disclosure of which of the above purposes is
the reason for the visit, will be made with the departmental representative in charge of
the work area, and the visit will not interfere with County services.
2.5 Use of County Buildings. The Association shall be allowed the use of areas
normally used for meeting purposes for meetings of County employees during non-work
hours when:
a.Such space is available and its use by the Association is scheduled twenty-four
(24) hours in advance;
b.there is no additional cost to the County;
c.it does not interfere with normal County operations;
d.employees in attendance are not on duty and are not scheduled for duty;
e.the meetings are on matters within the scope of representation.
The administrative official responsible for the space shall establish and maintain
scheduling of such uses. The Association shall maintain proper order at the meeting,
and see that the space is left in a clean and orderly condition.
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SECTION 3 - NO DISCRIMINATION
The use of County equipment (other than items normally used in the conduct of
business meetings, such as desks, chairs, ashtrays, and blackboards) is prohibited,
even though it may be present in the meeting area.
2.6 Advance Notice. The Association shall, except in cases of emergency, have
the right to reasonable notice of any ordinance, rule, resolution or regulation directly
relating to matters within the scope of representation proposed to be adopted by the
Board, or boards and commissions designated by the Board, and to meet with the body
considering the matter.
The listing of an item on a public agenda, or the mailing of a copy of a proposal at least
seventy-two (72) hours before the item will be heard, or the delivery of a copy of the
proposal at least twenty-four (24) hours before the item will be heard, shall constitute
notice.
In cases of emergency when the Board, or boards and commissions designated by the
Board, determines it must act immediately without such notice or meeting, it shall give
notice and opportunity to meet as soon as practical after its action.
2.7 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 Labor Relations
Manager 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
determination.
b. Final Determination. This 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. The Labor Relations Manager shall meet
and confer with such requesting organizations (and with other recognized
employee organizations where appropriate) to seek agreement on this matter
within sixty (60) days after the ten-day period in Subsection (b), unless otherwise
mutually agreed. Thereafter, the procedures in cases of agreement and
disagreement, arbitration referral and expenses, and criteria for determination
shall conform to those in Subsections (d) through (I) of Section 34-12.008 of
Board of Supervisors' Resolution 81/1165.
SECTION 3 - NO DISCRIMINATION
There shall be no discrimination because of race, creed, color, national origin, sex,
sexual orientation or Association activities against any employee or applicant for
employment by the County or by anyone employed by the County; and to the extent
prohibited by applicable State and Federal law there shall be no discrimination because
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SECTION 4 - OFFICIAL REPRESENTATIVES
of age. There shall be no discrimination against any disabled person solely because of
such disability unless that disability prevents the person from meeting the minimum
standards established for a position or from carrying out the duties of the position
safely.
SECTION 4 - OFFICIAL REPRESENTATIVES
4.1 Attendance at Meetings. Employees designated as official representatives of
the Association shall be allowed to attend meetings held by County agencies during
regular working hours on County time as follows:
a. If their attendance is required by the County at a specific meeting;
b. if their attendance is sought by a hearing body for presentation of testimony or
other reasons;
c. if their attendance is required for meeting(s) scheduled at reasonable times
agreeable to all parties required to address appeals filed pursuant under Section
24 - Management Complaint Procedure of this MOU;
d. 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 or his designee, and the County
agency calling the meeting is responsible for determining that the attendance of
the particular employee(s) is required.
4.2 Association Representatives. Official representatives of the Deputy Sheriffs'
Management Unit 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
Labor Relations Manager 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 Manager, and that
advance arrangements for the time away from the work station or assignment are made
with the appropriate department head or his designee.
4.3 Union Release Time Bank – Limited Pilot Program. The parties agree to
continue negotiations to develop this limited pilot program for utilization by both the
Management Unit and Rank and File Units of the DSA.
SECTION 5 – SALARI ES
5.1 General Wages.
The base rate of pay for all classifications represented by the Deputy Sheriffs’
Association, Management Unit, will be increased as follows:
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SECTION 5 – SALARIES
A. Effective July 1, 2016, or the first of the month following adoption by the Board of
Supervisors, whichever comes later. 5.0%
B. Effective July 1, 2017 5.0%
C. Effective July 1, 2018 5.0%
D. Sixth Salary Step: Beginning January 1, 2008, (Sworn) classifications with five
(5) steps in the salary range shall be eligible for an additional salary step in the
amount of two and one-half percent (2.5%) upon meeting both of the following
two conditions: 1) Have a total of sixty (60) months of Contra Costa County
service in a sworn classification in the Office of the Sheriff and 2) Have eighteen
(18) months at the top step of a salary range in a classification listed in
Attachment A – Deputy Sheriff’s Management Unit (V#) Class Listing. Effective
January 1, 2017, the sixth salary step described in this paragraph will be
increased by two and one-half percent (2.5%) for a total additional step of five
percent (5%) and will remain subject to the same eligibility conditions.
E. Effective January 1, 2017, employees in classifications listed in Attachment A
who are not sworn and with at least five (5) steps in the salary range, will be
eligible for an additional salary step in the amount of two and one-half percent
(2.5%) upon meeting both of the following two conditions: 1) Have a total of sixty
(60) months of Contra Costa County service in the Office of the Sheriff, and 2)
Have eighteen (18) months at the top step of a salary range in a classification
listed in Attachment A.
5.2 Entrance Salary. New employees shall generally be appointed at the minimum
step of the salary range established for the particular class of position to which the
appointment is made. However, the appointing authority may fill a particular position at
a step above the minimum of the range.
5.3 Anniversary Dates. Except as may otherwise be provided for in deep class
resolutions, anniversary dates will be set as follows:
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 Section 5.3.a above.
c. Demotions. The anniversary of a demoted employee is the first day of the
calendar month after the calendar month when the demotion was effective.
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SECTION 5 – SALARIES
d. Transfers, Reallocations and Reclassifications. The anniversary date of an
employee who is transferred to another position or one whose position has been
reallocated or reclassified to a class allocated to the same salary range or to a
salary range which is within five percent (5%) of the top step of the previous
classification, remains unchanged.
e. Reemployments. The anniversary of an employee appointed from a
reemployment list to the first step of the applicable salary range and not required
to serve a probation period is determined in the same way as the anniversary
date is determined for a new employee who is appointed the same date,
classification and step and who then successfully completes the required
probationary period.
f. Notwithstanding other provisions of this Section 5, the anniversary of an
employee who is appointed to a classified position from outside the County's
merit system at a rate above the minimum salary for the employee's new class,
or who is transferred from another governmental entity to this County's merit
system, is one (1) year from the first day of the calendar month after the
calendar month when the employee was appointed or transferred; provided
however, when the appointment or transfer is effective on the employee's first
regularly scheduled work day of that month, his/her anniversary is one (1) year
after the first calendar day of that month.
5.4 Increments Within Range. The performance of each employee, except those
of employees already at the maximum salary step of the appropriate salary range, shall
be reviewed on the anniversary date as set forth in Section 5.3 to determine whether
the salary of the employee shall be advanced to the next higher step in the salary
range. Advancement shall be granted on the affirmative recommendation of the
appointing authority, based on satisfactory performance by the employee. The
appointing authority may recommend denial of the increment or denial subject to one
additional review at some specified date before the next anniversary which must be set
at the time the original report is returned.
Except as herein provided, increments within range shall not be granted more
frequently than once a year, nor shall more than one (1) step within-range increment be
granted at one time, except as otherwise provided in deep-class resolutions. In case an
appointing authority recommends denial of the within range increment on some
particular anniversary date, but recommends a special salary review at some date
before the next anniversary the special salary review shall not affect the regular salary
review on the next anniversary date. Nothing herein shall be construed to make the
granting of increments mandatory on the County. If the department verifies in writing
that an administrative or clerical error was made in failing to submit the documents
needed to advance an employee to the next salary step on the first of the month when
eligible, said advancement shall be made retroactive to the first of the month when
eligible.
5.5 Part-Time Compensation. A part-time employee shall be paid a monthly salary
in the same ratio to the full-time monthly rate to which the employee would be entitled
as a full-time employee under the provisions of this Section 5 as the number of hours
DSA MGMT UNIT - 9 - 2016 – 2019 MOU
SECTION 5 – SALARIES
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 paid at the
same step of the range as the employee received under the previous classification.
An incumbent of a position which is reclassified to a class which is allocated to a lower
range of the basic salary schedule shall continue to receive the same salary as before
the reclassification, but if such salary is greater than the maximum of the range of the
class to which the position has been reclassified, the salary of the incumbent shall be
reduced to the maximum salary for the new classification. The salary of an incumbent
of a position which is reclassified to a class which is allocated to a range of the basic
salary schedule greater than the range of the class of the position before it was
reclassified shall be governed by the provisions of Section 5.9 - Salary on Promotion.
5.8 Salary Reallocation & Salary on Reallocation.
A. In a general salary increase or decrease, an employee in a class which is
allocated to a salary range above or below that to which it was previously
allocated, when the number of steps remain the same, shall be compensated at
the same step in the new salary range the employee was receiving in the range
to which the class was previously allocated. If the reallocation is from one salary
range with more steps to a range with fewer steps or vice versa, the employee
shall be compensated at the step on the new range which is in the same
percentage ratio to the top step of the new range as was the salary received
before reallocation to the top step of the old range, but in no case shall any
employee be compensated at less than the first step of the range to which the
class is allocated.
B. In the event that a classification is reallocated from a salary range with more
steps to a salary range with fewer steps on the salary schedule, apart from the
general salary increase or decrease described in 5.8.A above, each incumbent
of a position in the reallocated class shall be placed upon the step of the new
range which equals the rate of pay received before the reallocation. In the event
that the steps in the new range do not contain the same rates as the old range,
each incumbent shall be placed at the step of the new range which is next above
the salary rate received in the old range, or if the new range does not contain a
higher step, at the step which is next lower than the salary received in the old
range.
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SECTION 5 – SALARIES
C. In the event an employee is in a position which is reallocated to a different class
which is allocated to a salary range the same as, above or below the salary
range of the employee's previous class, the incumbent shall be placed at the
step in the new class which equals the rate of pay received before reallocation.
In the event that the steps in the range for the new class do not contain the same
rates as the range for the old class, the incumbent shall be placed at the step of
the new range which is next above the salary rate received in the old range; or if
the new range does not contain a higher step, the incumbent shall be placed at
the step which is next lower than the salary received in the old range.
D. In the event of reallocation to a deep class, the provisions of the deep class
resolution and incumbent salary allocations, if any, shall supersede Section 5.8.
5.9 Salary on Promotion. Any employee who is appointed to a position of a class
allocated to a higher salary range than the class previously occupied, except as
provided under Section 5.12 shall receive the salary in the new salary range which is
next higher than the rate received before promotion. In the event this increase is less
than five percent (5%), the employee's 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.
In the event of the promotion of a laid off employee from the layoff list to the class from
which the employee was laid off, the employee shall be appointed at the step which the
employee had formerly attained in the higher class unless such step results in an
increase of less than five percent (5%), in which case the salary shall be adjusted to the
step in the new range which is five percent (5%) greater than the next higher step, if the
new range permits such adjustment.
5.10 Salary on Involuntary Demotion. Any employee who is demoted, except as
provided under Section 5.12, shall have his/her salary reduced to the monthly salary
step in the range for the class of position to which he has been demoted next lower
than the salary received before demotion. In the event this decrease is less than five
percent (5%), the employee's salary shall be adjusted to the step in the new range
which is five percent (5%) less than the next lower step; provided, however, that the
next step shall not be less than the minimum salary for the lower class.
Whenever the demotion is the result of layoff, cancellation of positions or displacement
by another employee with greater seniority rights, the salary of the demoted employee
shall be that step on the salary range which he/she would have achieved had he/she
been continuously in the position to which he/she has been demoted, all within-range
increments having been granted.
5.11 Salary on Voluntary Demotion. Whenever any employee voluntarily demotes
to a position in a class having a salary schedule lower than that of the class from which
he 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.
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SECTION 5 – SALARIES
5.12 Transfer. An employee who is transferred from one position to another as
described under "Transfer" shall be placed at the step in the salary range of the new
class which equals the rate of pay received before the transfer. In the event that the
steps in the range for the new class do not contain the same rates as the range for the
old class, the employee shall be placed at the step of the new range which is next
above the salary rate received in the old range; or if the new range does not contain a
higher step, the employee shall be placed at the step which is next lower than the
salary received in the old range. If the transfer is to a deep class, the provisions of the
deep class resolution on salary of transfers, if any, shall apply in lieu of the above
provisions.
5.13 Pay for Work in Higher Classification. When an employee in a permanent
position in the merit system is required to work in a classification for which the
compensation is greater than that to which the employee is regularly assigned, the
employee shall receive compensation for such work at the rate of pay established for
the higher classification pursuant to Section 5.9 - Salary on Promotion of this MOU,
commencing on the eleventh (11th) work day of the assignment, under the following
conditions:
a. The employee is assigned to a program, service, or activity established by the
Board of Supervisors which is reflected in an authorized position which has been
classified and assigned to the Salary Schedule.
b. The nature of the departmental assignment is such that the employee in the
lower classification becomes fully responsible for the duties of the position of the
higher classification.
c. Employee selected for the assignment will normally be expected to meet the
minimum qualifications for the higher classification.
d. Pay for work in a higher classification shall not be utilized as a substitute for
regular promotional procedures provided in this MOU.
e. The appropriate authorization form has been submitted by the Department Head
and approved by the County Administrator.
f. Higher pay assignments shall not exceed six (6) months except through
reauthorization.
g. If approval is granted for pay for work in a higher classification and the
assignment is terminated and later reapproved for the same employee within
thirty (30) days no additional waiting period will be required.
h. Any incentives and special differentials accruing to the employee in his/her
permanent position shall continue unless the employee is no longer performing
the duties which warrant the differentials.
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SECTION 5 – SALARIES
i. 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.
j. 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.
5.14 Payment. On the tenth (10th) day of each month, the Auditor will draw a warrant
upon the Treasurer in favor of each employee for the amount of salary due the
employee for the preceding month; provided, however, that each employee (except
those paid on an hourly rate) may choose to receive an advance on the employee's
monthly salary, in which case the Auditor shall, on the twenty-fifth (25th) day of each
month, draw his/her warrant upon the Treasurer in favor of such employee.
The advance shall be in an amount equal to one-third (1/3) or less (at the option of the
employee) of the employee's basic salary of the previous month except that it shall not
exceed the amount of the previous month's basic salary less all requested or required
deductions.
The election to receive an advance shall be made on or before April 30 or October 31
of each year or during the first month of employment by filing on forms prepared by the
Auditor-Controller a notice of election to receive salary advance.
Each election shall become effective on the first day of the month following the deadline
for filing the notice and shall remain effective until revoked.
In the case of an election made pursuant to this Section 5.14, all required or requested
deductions from salary shall be taken from the second installment, which is payable on
the tenth (10th) day of the following month.
Direct Deposit Provisions. No later than July 1, 2002, all employees shall voluntarily
authorize and make arrangements for the direct deposit of their paychecks via
electronic fund transfer into the financial institution of their choice using forms approved
by the Auditor-Controller and subject to Labor Code section 213. Employees will have
their payroll advice statements mailed to their address on file with the County.
As a condition of continued employment, all employees hired into classifications
represented by the DSA on or after July 1, 2002, shall voluntarily authorize and make
arrangements for the direct deposit of their paychecks via electronic fund transfer into
the financial institution of their choice using forms approved by the Auditor-Controller,
subject to Labor Code section 213.
Pursuant to Labor Code section 213, an individual employee having provided consent
for direct deposit as outlined above, may choose to opt out of direct deposit at a later
date. Individual employees that opt-out of direct deposit will have their pay warrant
mailed to their address on file with the County under regular County payroll procedures.
Direct Mailing of Pay Warrant and Pay Warrant Advice. The County shall distribute pay
warrants and/or pay warrant advices via United States mail. Pay warrant and pay
DSA MGMT UNIT - 13 - 2016 – 2019 MOU
SECTION 6 - DAYS AND HOURS OF WORK
warrant advices shall be mailed directly to each employee’s address on file with the
County subject to the following:
a. If an employee has not received his/her pay warrant or pay warrant advice five
(5) calendar days following the mailing of said warrant or advice, and upon
request of the employee, the County shall issue a replacement pay warrant or
pay warrant advice within twenty-four (24) hours of receiving the employee’s
request for a replacement.
b. Payroll errors shall be corrected as follows:
1. Errors of two hundred dollars ($200) gross or more will be corrected within
five (5) working days.
2. Errors amounting to less than two hundred dollars ($200) gross, shall be
adjusted the next pay period.
3. The hardship requirement will no longer apply to payroll corrections.
4. Request for payroll corrections shall be forwarded by the Department, not
by the employee, to the Auditor’s Payroll Division.
5. Payroll adjustments would be by a paper check as opposed to an
electronic transfer.
6. Items 1 through 5 above notwithstanding, the provisions of Section 25 –
Pay Warrant Errors of the current DSA MOU remain in force and effect.
c. There shall be no fee to employees for the processing of pay warrants and/or
pay warrant advices, or for the correction of payroll errors.
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. Alternate Work Schedule: An alternate work schedule is any work schedule
where an employee is regularly scheduled to work five (5) days per week, but the
employee’s regularly scheduled two (2) days off are NOT Saturday and Sunday.
C. Flexible Work Schedule: A flexible work schedule is any schedule that is not a
regular, alternate, 4/10, 9/80, or Coroner’s Bureau “Living in Positions” work
schedule and where the employee is not scheduled to work more than 40 hours
in the work week or 171 hours in the work period as defined in Subsection H.
and I., below.
DSA MGMT UNIT - 14 - 2016 – 2019 MOU
SECTION 6 - DAYS AND HOURS OF WORK
D. 4/10 Work Schedule: A 4/10 work schedule is four (4) ten hour days in a seven
(7) day period, for a total of forty (40) hours per week.
E. 9/80 Work Schedule: A 9/80 work schedule is where an employee works a
recurring schedule of thirty-six (36) hours in one calendar week and forty-four
(44) hours in the next calendar week, but only forty (40) hours in the designated
workweek. In the thirty-six (36) hour calendar week, the employee works four (4)
nine (9) hour days and has the same day of the week off that is worked for eight
(8) hours in the forty-four (44) hour calendar week. In the forty-four (44) hour
calendar week, the employee works four (4) nine (9) hour days and one (1) eight
(8) hour day.
F. Coroner’s Division “Living-In Positions” Work Schedule: The work schedule
for employees in the Coroner's Division filling "living-in positions" consists of
three (3) twenty-four (24) hour shifts during a nine (9) calendar day period. The
general order of the work shifts is as follows: 24-hour on duty; 24-hour off duty;
24-hour on duty; 24-hour off duty; 24-hour on duty; followed by four (4)
consecutive days off.
G. Workweek for Employees on Regular, Flexible, Alternate, and 4/10 Work
Schedules: For employees on regular, alternate, flexible, and 4/10 work
schedules, the workweek begins at 12:01 a.m. on Monday and ends at 12
midnight on Sunday.
H. Workweek for Employees on a 9/80 Work Schedule: The 9/80 workweek
begins on the same day of the week as the employee’s eight (8) hour work day
and regularly scheduled 9/80 day off. The start time of the workweek is four (4)
hours and one (1) minute after the start time of the eight (8) hour workday. The
end time of the workweek is four (4) hours after the eight (8) hour workday start
time. The result is a workweek that is a fixed and regularly recurring period of
seven (7) consecutive twenty-four (24) hour periods (168 hours).
I. Work Period for Sworn Employees: For sworn employees in classifications
listed in Attachment A of the DSA Management Unit (V#), the work period is
between seven and 28 consecutive days long.
6.2 Time Reporting/Time Stamping:
Permanent Intermittent (hourly) employees must timestamp in and out as they
begin their work shifts, finish their work shifts, and take meal periods. Salaried
employees will report time off and time worked for special pays on the electronic
timecard.
DSA MGMT UNIT - 15 - 2016 – 2019 MOU
SECTION 7 - SENIORITY, WORKFORCE REDUCTION, LAYOFF &
REASSIGNMENT
SECTION 7 - SENIORITY, WORKFORCE REDUCTION, LAYOFF &
REASSIGNMENT
7.1 Workforce Reduction. In the event that funding reductions or shortfalls in
funding occur in a department or are expected, which may result in layoffs, the
department will notify the Association and take the following actions:
a. Identify the classification(s) in which position reductions may be required due to
funding reductions or shortfalls.
b. Advise employees in those classifications that position reductions may occur in
their classifications.
c. Accept voluntary leaves of absence from employees in those classifications
which do not appear to be potentially impacted by possible position reductions
when such leaves can be accommodated by the department.
d. Approve requests for reduction in hours, lateral transfers, and voluntary
demotions to vacant, funded positions in classes not scheduled for layoffs within
the department, as well as to other departments not experiencing funding
reductions or shortfalls when it is a viable operational alternative for the
department(s).
e. Review various alternatives which will help mitigate the impact of the layoff by
working through the Tactical Employment Team program (TET) to:
1. Maintain an employee skills inventory bank to be used as a basis for
referrals to other employment opportunities.
2. Determine if there are other positions to which employees may be
transferred.
3. Refer interested persons to vacancies which occur in other job classes for
which they qualify and can use their layoff eligibility.
4. Establish workshops to aid laid off employees in areas such as resume
preparation, alternate career counseling, job search strategy, and
interviewing skills.
f. When it appears to the Department Head and/or Labor Relations Manager that
the Board of Supervisors may take action which will result in the layoff of
employees in a representation unit, the Labor Relations Manager shall notify the
Association of the possibility of such layoffs and shall meet and confer with the
Association regarding the implementation of the action.
DSA MGMT UNIT - 16 - 2016 – 2019 MOU
SECTION 7 - SENIORITY, WORKFORCE REDUCTION, LAYOFF &
REASSIGNMENT
7.2 Separation Through Layoff
A. Grounds for Layoff. Any employee(s) having permanent status in position(s) in
the merit service may be laid off when the position is no longer necessary, or for
reasons of economy, lack of work, lack of funds or for such other reason(s) as
the Board of Supervisors deems sufficient for abolishing the position(s).
B. Order of Layoff. The order of layoff in a department shall be based on inverse
seniority in the class of positions, the employee in that department with least
seniority being laid off first and so on.
C. Layoff By Displacement.
1. In the Same Class. A laid off permanent full time employee may displace
an employee in the department having less seniority in the same class
who occupies a permanent-intermittent or permanent part-time position,
the least senior employee being displaced first.
2. In the Same Level or Lower Class. A laid off or displaced employee who
had achieved permanent status in a class at the same or lower salary
level as determined by the salary schedule in effect at the time of layoff
may displace within the department and in the class of an employee
having less seniority; the least senior employee being displaced first, and
so on with senior displaced employees displacing junior employees.
D. Particular Rules on Displacing.
1. Permanent-intermittent and permanent part-time employees may displace
only employees holding permanent positions of the same type respec-
tively.
2. A permanent full time employee may displace any intermittent or part-time
employee with less seniority 1) in the same class or, 2) in a class of the
same or lower salary level if no full time employee in a class at the same
or lower salary level has less seniority than the displacing employees.
3. Former permanent full time employees who have voluntarily become
permanent part-time employees for the purpose of reducing the impact of
a proposed layoff with the written approval of the Director of Human
Resources or designee retain their permanent full time employee seniority
rights for layoff purposes only and may in a later layoff displace a full time
employee with less seniority as provided in these rules.
E. Seniority. An employee's seniority within a class for layoff and displacement
purposes shall be determined by adding the employee's length of service in the
particular class in question to the employee's length of service in other classes at
DSA MGMT UNIT - 17 - 2016 – 2019 MOU
SECTION 7 - SENIORITY, WORKFORCE REDUCTION, LAYOFF &
REASSIGNMENT
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
other classes which have been included in the deep class.
Service for layoff and displacement purposes includes only the employee's last
continuous permanent County employment. Periods of separation may not be
bridged to extend such service unless the separation is a result of layoff in which
case bridging will be authorized if the employee is reemployed in a permanent
position within the period of layoff eligibility.
Approved leaves of absence as provided for in these rules and regulations shall
not constitute a period of separation. In the event of ties in seniority rights in the
particular class in question, such ties shall be broken by length of last continuous
permanent County employment. If there remain ties in seniority rights, such ties
shall be broken by counting total time in the department in permanent
employment. Any remaining ties shall be broken by random selection among the
employees involved.
F. Eligibility for Layoff List. Whenever any person who has permanent status is laid
off, has been displaced, has been demoted by displacement or has voluntarily
demoted in lieu of layoff or displacement, or has transferred in lieu of layoff or
displacement, the person's name shall be placed on the layoff list for the class of
positions from which that person has been removed.
G. Order of Names on Layoff. First, layoff lists shall contain the names of persons
laid off, displaced, or demoted as a result of a layoff or displacement, or who
have voluntarily demoted in lieu of layoff or displacement or who have
transferred in lieu of layoff or displacement. Names shall be listed in order of
layoff seniority in the class from which laid off, displaced, demoted or transferred
on the date of layoff, the most senior person listed first. In case of ties in
seniority, the seniority rules shall apply except that where there is a class
seniority tie between persons laid off from different departments, the tie(s) shall
be broken by length of last continuous permanent County employment with
remaining ties broken by random selection among the employees involved.
H. Duration of Layoff and Reemployment Rights. The name of any person granted
reemployment privileges shall continue on the appropriate list for a period of two
(2) years. Persons placed on layoff lists shall continue on the appropriate list for
a period of two (2) years.
DSA MGMT UNIT - 18 - 2016 – 2019 MOU
SECTION 7 - SENIORITY, WORKFORCE REDUCTION, LAYOFF &
REASSIGNMENT
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 who transferred in lieu of layoff or displacement. When a
request for personnel is received from the appointing authority of a department
from which an eligible(s) was laid off, the appointing authority shall receive and
appoint the eligible highest on the layoff list from the department. When a
request for personnel is received from a department from which an eligible(s)
was not laid off, the appointing authority shall receive and appoint the eligible
highest on the layoff list who shall be subject to a probationary period. A person
employed from a layoff list shall be appointed at the same step of the salary
range the employee held on the day of layoff.
J. Removal of Names from Reemployment & Layoff Lists. The Director of Human
Resources may remove the name of any eligible from a reemployment or layoff
list for any reason listed below:
1. For any cause stipulated in Section 404.1 of the Personnel Management
Regulations.
2. On evidence that the eligible cannot be located by postal authorities.
3. On receipt of a statement from the appointing authority or eligible that the
eligible declines certification or indicates no further desire for appointment
in the class.
4. If three (3) offers of permanent appointment to the class for which the
eligible list was established have been declined by the eligible.
5. If the eligible fails to respond to the Director of Human Resources or the
appointing authority within ten (10) days to written notice of 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.
7. However, if the first permanent appointment of a person on a layoff list is
to a lower class which has a top step salary lower than the top step of the
class from which the person was laid off, the name of the person shall not
be removed from the layoff list. Any subsequent appointment of such
person from the layoff list shall result in removal of that person's name.
K. Removal of Names from Reemployment and Layoff Certifications. The Director
of Human Resources may remove the name of any eligible from a reemployment
or layoff certification if the eligible fails to respond within five (5) days to a written
notice of certification mailed to the person's last known address.
DSA MGMT UNIT - 19 - 2016 – 2019 MOU
SECTION 8 - HOLIDAYS
7.3 Notice. The County agrees to give employees scheduled for layoff at least ten
(10) work days notice prior to their last day of employment.
7.4 Special Employment Lists. The County will establish a TET Employment Pool
which will include the names of all laid off County employees. Special employment lists
for job classes may be established from the pool. Persons placed on a special
employment list must meet the minimum qualifications for the class. An appointment
from such a list will not affect the individual's status on a layoff list(s).
7.5 Reassignment of Laid Off Employees. Employees who displaced within the
same classification from full time to part-time or intermittent status in a layoff, or who
voluntarily reduced their work hours to reduce the impact of layoff, or who accepted a
position of another status than that from which they were laid off upon referral from the
layoff list, may request reassignment back to their pre-layoff status (full time or part-time
or increased hours). The request must be in writing in accord with each department's
reassignment bid or selection process. Employees will be advised of the reassignment
procedure to be followed to obtain reassignment back to their former status at the time
of the workforce reduction. The most senior laid off employee in this status who
requests such a reassignment will be selected for the vacancy; except when a more
senior laid off individual remains on the layoff list and has not been appointed back to
the class from which laid off, a referral from the layoff list will be made to fill the
vacancy.
SECTION 8 - HOLIDAYS
8.1 Holidays Observed. The County will observe the following holidays:
A. January 1st, known as New Year's Day
Third Monday in January, known as
Dr. M. L. King, Jr. Day
Third Monday in February, known as President's 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
Fourth Thursday in November, known as Thanksgiving Day
Friday after Thanksgiving Day
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.
DSA MGMT UNIT - 20 - 2016 – 2019 MOU
SECTION 8 - HOLIDAYS
For employees who work in twenty-four (24) hour facilities and are assigned to rotating
shifts, any holiday that falls on a Saturday will be observed on a Saturday, and any
holiday that falls on a Sunday will be observed on a Sunday.
B. Each full-time employee will accrue two (2) hours of personal holiday credit per
month. Such personal holiday time may be taken in one (1) minute increments,
and preference of personal holidays will be given to employees according to their
seniority in their department as reasonably as possible. No employee may
accrue more than forty (40) hours of personal holiday credit. On separation from
County service, an employee will be paid for any unused personal holiday credits
at the employee’s then current pay rate.
8.2 Holiday is NOT Worked and Holiday Falls on Scheduled Work Day
A. Holiday Observed – Full-time Employees: Full-time employees are entitled to
observe a holiday (eight (8) hours off), without a reduction in pay, whenever a
holiday is observed by the County.
B. Holiday Observed in Excess of Eight (8) hours – Full-time Employees:
When a holiday falls on a full-time employee’s scheduled workday, the employee
is entitled to only eight (8) hours off without a reduction in pay. If the workday is
a nine (9) hour day, the employee must use one (1) hour of non-sick leave
accruals. If the workday is a ten (10) hour day, the employee must use two (2)
hours of non-sick leave accruals. If the workday is a twelve (12) hour day, the
employee must use four (4) hours of non-sick leave accruals. If the employee
does not have any non-sick leave accrual balances, leave without pay (AWOP)
will be authorized.
C. Holiday Observed- Part-time Employees: Whenever a holiday is observed by
the County, a part-time employee is entitled to observe the holiday (hours off) in
the same ratio as his/her number of position hours bears to forty (40) hours,
multiplied by eight (8) hours, without a reduction in pay. For example, a part-
time employee whose position hours are 24 hours per week is entitled to 4.8
hours off work on a holiday (24/40 multiplied by 8 = 4.8). Hereinafter, the
number hours produced by this calculation will be referred to as the “part-time
employee’s holiday hours.”
D. Holiday Observed in Excess of Eight (8) hours - Part-time Employees:
When a holiday falls on a part-time employee’s scheduled workday, the
employee is entitled to only the “part-time employee’s holiday hours” off without a
reduction in pay. For example, if the workday is a six (6) hour day and the
employee is a 24/40 hour employee entitled to 4.8 hours off without a reduction
of pay in recognition of the holiday, the employee must use 1.2 hours of non-sick
leave accruals. If the employee does not have any non-sick leave accrual
balances, leave without pay (AWOP) will be authorized.
DSA MGMT UNIT - 21 - 2016 – 2019 MOU
SECTION 9 - VACATION LEAVE
8.3 Holiday is NOT Worked and Holiday Falls on Scheduled Day Off
A. Full-Time Employee: When a holiday is observed by the County on the
scheduled day off of a full-time employee, the employee is
entitled to take eight (8) hours off, without a reduction in pay, in recognition of the
holiday.
1. Employee Works on his/her Next Scheduled Work Day Following the
Holiday: When a full time employee works on his/her next scheduled
work day following the holiday, the employee is entitled to receive his/her
regular salary.
2. Employee does NOT work on his/her Next Scheduled Work Day
Following the Holiday: When a full time employee does NOT work on
his/her next scheduled work day following the holiday, the employee is
entitled to the day off, without a reduction in pay, in recognition of his/her
regularly scheduled day off.
3. The County retains the right to decide whether an employee will work or
not work on the next scheduled work day following a holiday.
B. Part-Time Employee: When a holiday is observed by the County on the
scheduled day off of a part-time employee, in recognition of the holiday the
employee is entitled to take the amount of “part-time employee’s holiday hours”
off without a reduction in pay.
1. Employee Works on his/her Next Scheduled Work Day Following the
Holiday: When a part-time employee works on his/her next scheduled
work day following the holiday, the employee is entitled to receive his/her
regular salary.
2. Employee does NOT work on his/her Next Scheduled Work Day
Following the Holiday: When a part-time employee does NOT work on
his/her next scheduled work day following the holiday, the employee is
entitled to take the amount of “part-time employee’s holiday hours” off
without a reduction in pay in recognition of his/her regularly scheduled day
off.
3. The County retains the right to decide whether an employee will work or
not work on the next scheduled work day following a holiday.
SECTION 9 - VACATION LEAVE
9.1 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
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calculated on the same basis as for partial month compensation pursuant to Section
5.5 of this MOU.
Vacation credits may be taken in one (1) minute increments and may not be rounded.
Vacation 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.
9.2 Vacation Accrual Rates. All employees shall accrue vacation credit as follows:
Monthly Maximum
Accrual Cumulative
Length of Service Hours Hours
Under 11 years 10 240
11 years 10-2/3 256
12 years 11-1/3 272
13 years 12 288
14 years 12-2/3 304
15 through 19 years 13-1/3 320
20 through 24 years 16-2/3 400
25 through 29 years 20 480
30 years and up 23-1/3 560
9.3 Accrual During Leave Without Pay. No employee who has been granted a
leave without pay 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.
Exception: Employees on unpaid military leave shall accrue vacation credits.
9.4 Vacation Allowance for Separated Employees. On separation from County
service, an employee shall be paid for any unused vacation credits at the employee's
then current pay rate.
9.5 Pro-rated Accruals. Employees in permanent part-time and permanent-
intermittent positions shall accrue vacation benefits on a prorated basis as provided in
Resolution 81/1165, Section 32-2.006.
9.6 Vacation Leave on Reemployment From a Layoff List. Employees with six
months or more service in a permanent position prior to their layoff who are employed
from a layoff list, shall be considered as having completed six months tenure in a
permanent position for the purpose of vacation leave. The appointing authority or
designee will advise the Auditor-Controller's Payroll Unit in each case where such
vacation is authorized so that appropriate payroll system override actions can be taken.
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SECTION 10 - SICK LEAVE
SECTION 10 - SICK LEAVE
10.1 Purpose. The purpose of paid sick leave is to insure employees against loss of
pay for temporary absences from work due to illness or injury. Sick leave may be used
only as authorized; it is not paid time off which employees may use for personal
activities.
10.2 Accrual. 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 (1)
minute increments and may not be rounded. Unused sick leave credits accumulate
from year to year. When an employee is separated, other than through retirement,
accumulated sick leave credits shall be cancelled, unless the separation results from
layoff in which case the accumulated credits shall be restored if the employee is
reemployed in a permanent position within the period of his layoff eligibility.
Upon retirement, an employee's accumulated sick leave shall be converted to
retirement time on the basis of one (1) day of retirement service credit for each day of
accumulated sick leave credit.
Accumulated paid sick leave credits may be used, subject to appointing authority
approval, by an employee in pay status, but only in the following instances:
a. An employee may use paid sick leave credits when the employee is off work
because of a temporary illness or injury.
b. 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 conditions listed below. For the purposes of this
Section 10, permanent disability shall mean the employee suffers from a
disabling physical injury or illness and is thereby prevented from engaging in any
County occupation for which he or she is qualified by reason of education,
training or experience. Sick leave credits may be used under this provision only
when the following requirements are met:
1. An application for retirement due to disability has been filed with the
Retirement Board; and
2. Satisfactory medical evidence of such disability is received by the
appointing authority within thirty (30) days of the start of use of sick leave
for permanent disability. The appointing authority may review medical
evidence and order further examination as he deems necessary, and may
terminate use of sick leave when such further examination demonstrates
that the employee is not disabled, or when the appointing authority
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determines that the medical evidence submitted by the employee is
insufficient, or where the above conditions have not been met.
c. Communicable Disease. An employee may use paid sick leave credits while
under a physician's orders to remain secluded due to exposure to a
communicable disease.
d. Sick Leave Utilization for Pregnancy Disability. Every female employee shall be
entitled to at least four (4) months leave of absence on account of pregnancy
disability and to use available sick leave or vacation pay entitlements during such
leave.
1. Application for such leave must be made by the employee to the
appointing authority accompanied by a written statement of disability from
the employee's attending physician. The statement must address itself to
the employee's general physical condition having considered the nature of
the work performed by the employee, and it must indicate the date of the
commencement of the disability as well as the date the physician
anticipates the disability to terminate. The appointing authority retains the
right to medical review of all requests for such leave.
2. If a female employee does not apply for sick leave and the appointing
authority believes that the employee is not able to properly perform her
work or that her general health is impaired due to disability caused or
contributed to by pregnancy, miscarriage, abortion, childbirth or recovery
therefrom, the employee shall be required to undergo a physical
examination by a physician selected by the County, and the cost of such
examination shall be borne by the County. Should the medical report so
recommend, a mandatory leave shall be imposed upon the employee for
the duration of the disability.
3. If all accrued sick leave has been utilized by the employee the employee
shall be considered on leave without pay. 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
date of the employee's recovery from such disability.
e. Medical & Dental Appointments. An employee may use paid sick leave credits
for medical and dental appointments as follows:
1. For working time used in keeping medical and dental appointments for the
employee's own care; and
2. For working time (not over forty (40) hours in each fiscal year) used by an
employee for pre-scheduled medical and dental appointments for an
immediate family member living in the employee's home and for children
and parents who may reside outside of the employee's home. Such use of
sick leave credits shall be accounted for by the department on a fiscal
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year basis. Any balance of the forty (40) hours remaining at the end of the
fiscal year shall not be carried over to the next year; departments shall
notify the employee if the maximum allowance is reached. Authorization to
use sick leave for this purpose is contingent on availability of accumulated
sick leave credits; it is not an additional allotment of sick leave which
employees may charge.
f. Emergency Care of Family. An employee may use paid sick leave for working
time used in cases of illness, or injury to, an immediate family member living in
the employee's home, or for children and parents who may reside outside of the
employee's home.
g. Death of Family Member. An employee may use said sick leave credits for
absence from work because of a death in the employee's immediate family, but
this shall not exceed three (3) working days plus up to two (2) days of work time
for necessary travel.
h. Definition of Immediate Family. For the purposes of this Section 10 the
immediate family shall be restricted to the spouse, son, stepson, daughter,
stepdaughter, father, stepfather, mother, stepmother, brother, sister,
grandparent, grandchild, aunt, uncle, father-in-law, mother-in-law, son-in-law,
daughter-in-law, brother-in-law, sister-in-law or domestic partner of an employee.
10.3 Administration of Sick Leave. Accumulated paid sick leave credits may not be
used in the following situations:
a. Self-inflicted Injury. For time off from work for an employee's illness or injury
caused by his or her willful misconduct.
b. Vacation. For an employee's illness or injury while the employee is on vacation
except when extenuating circumstances exist and the appointing authority
approves.
c. Not in Pay Status. When the employee would otherwise be eligible to use paid
sick leave credits but is not in a pay status.
The proper administration of sick leave is a responsibility of the employee and the
department head. Employees are responsible for notifying their respective division of an
absence as early as possible prior to the commencement of their work shift and in
accordance with divisional operational requirements. Notification shall include the
reason and possible duration of the absence. Employees are responsible for keeping
their department informed of their continuing condition and probable date of return to
work. Employees are responsible for obtaining advance approval from their appointing
authority or designee for the schedule time of prearranged personal or family medical
and dental appointments.
The use of sick leave may be denied if these procedures are not followed. Abuse of
sick leave on the part of the employee is cause for disciplinary action. To ascertain the
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propriety of claims against sick leave, the department head may make such
investigations as he deems necessary including medical verification of illness.
10.4 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 l937. An appointing authority after giving notice may place an
employee on leave if the appointing authority has filed an application for disability
retirement for the employee, or whom the appointing authority believes to be
temporarily or permanently physically or mentally incapacitated for the
performance of the employees’ duties.
B. An appointing authority who has reasonable cause to believe that there are
physical or mental health conditions present in an employee which endanger the
health or safety of the employee, other employees, or the public, or which impair
the employee's performance of duty, may order the employee to undergo at
County expense and on the employee's paid time, a physical, medical and/or
psychiatric examination by a licensed physician or psychologist and receive a
report of the findings on such examination. If the examining physician or
psychologist recommends that treatment for physical or mental health problems,
including leave, are in the best interests of the employee or the County in relation
to the employee overcoming any disability and/or performing his or her duties the
appointing authority may direct the employee to take such leave and/or undergo
such treatment.
C. Leave due to temporary or permanent disability shall be without prejudice to the
employee's right to use sick leave, vacation, or any other benefit to which the
employee is entitled other than regular salary. The 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 (2) 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 or
psychologist, and may consider a report of the findings on such examination. If
the report shows that such employee is physically or mentally incapacitated for
the performance of duty, the appointing authority may take such action as he
deems necessary in accordance with appropriate provisions of this MOU.
E. Before an employee is placed on an unpaid leave of absence or suspended
because of physical or mental incapacity under (A) or (B) above, the employee
shall be given notice of the proposed leave of absence or suspension by letter or
memorandum, delivered personally or by certified mail, containing the following:
1. a statement of the leave of absence or suspension proposed;
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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 certified mail, effective either upon personal
delivery or deposit in the U.S. Postal Service.
I. An employee who is placed on leave or suspended under this section may,
within ten (10) calendar days after personal delivery or mailing to the employee
of the order, appeal the order in writing through the Director of Human
Resources to the Merit Board. Alternatively, the employee may file a written
election with the Director of Human Resources waiving the employee's right to
appeal to the Merit Board in favor of appeal to a Disability Review Arbitrator.
J. In the event of an appeal either to the Merit Board or the Disability Review
Arbitrator, the employee has the burden of proof to show that either:
1. the physical or mental health condition cited by the appointing authority
does not exist, or
2. the physical or mental health condition does exist, but it is not sufficient to
prevent, preclude, or impair the employee's 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.
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L. If the appeal is to a Disability Review Arbitrator, the employee (and his
representative) will meet with the County's representative to mutually select the
Disability Review Arbitrator, who may be a de facto arbitrator, or a physician, or a
rehabilitation specialist, or some other recognized specialist mutually selected by
the parties. The arbitrator shall hear and review the evidence. The decision of
the Disability Review Arbitrator shall be binding on both the County and the
employee. The scope of the Arbitrator's review shall be restricted as follows:
1. Scope of the Arbitrator's Review.
a. The arbitrator may affirm, modify or revoke the leave of absence or
suspension.
b. The arbitrator may make his decision based only on evidence
submitted by the County and the employee.
c. The arbitrator may order back pay or paid sick leave credits for any
period of leave of absence or suspension if the leave or suspension
is found not to be sustainable, subject to the employee's duty to
mitigate damages.
d. The arbitrator's fees and expenses shall be paid one-half by the
County and one-half by the employee or employee's Association.
10.5 Workers' Compensation.
A. State Labor Code 4850 Pay. Law enforcement officers as defined in State Labor
Code 4850 who are members of the Contra Costa County Retirement System
continue to receive full salary benefits in lieu of temporary disability during any
absence from work which qualifies for Workers' Compensation benefits.
Currently, the maximum 4850 pay is one (1) year for any injury or illness. To be
eligible for this benefit the employee must be under the care of a physician. All
4850 pay shall be approved by the County Administrator's Office, Risk
Management Division.
B. Sick Leave and Vacation. Sick leave and vacation shall accrue in accordance
with the provision of State Labor Code 4850.
C. 4850 Pay Beyond One Year. If an injured employee remains eligible for
Workers' Compensation temporary disability benefits beyond one (1) year, full
salary will continue by integrating sick leave and/or vacation accruals with
Workers' Compensation benefits (use of vacation accruals must be approved by
the department and the employee). If salary integration is no longer available
because accruals are exhausted, Workers' Compensation benefits will be paid
directly to the employee as prescribed by Workers' Compensation laws.
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D. Rehabilitation Integration. An injured employee who is eligible for Workers'
Compensation rehabilitation temporary disability benefits and who has
exhausted 4850 pay eligibility will continue to receive full salary by integrating
sick leave and/or vacation accruals with Workers' Compensation rehabilitation
temporary disability benefits. When these accruals are exhausted, the
rehabilitation temporary disability benefits will be paid directly to the employee as
prescribed by Workers' Compensation laws.
E. Health Insurance. The County contribution to the employee's group insurance
plan(s) continues during the 4850 pay period and during integration of sick leave
or vacation with Workers' Compensation benefits.
F. Integration Formula. 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/day (in hrs.)
W = Statutory Workers' Compensation per mo.
S = Monthly salary
10.6 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.
SECTION 11 - LEAVE OF ABSENCE
11.1 Leave Without Pay. Any employee who has permanent status in the classified
service may be granted a leave of absence without pay upon written request, approved
by the appointing authority; provided, however, that leaves for pregnancy, pregnancy
disability, serious health conditions, and family care shall be granted in accordance with
applicable state and federal law.
11.2 General Administration - Leaves of Absence. Requests for leave without pay
shall be made upon forms prescribed by the Director of Human Resources and shall
state specifically the reason for the request, the date when it is desired to begin the
leave and the probable date of return.
A. Leave without pay may be granted for up to one (1) year for any of the following
reasons:
1. Illness, disability, or serious health condition;
2. pregnancy or pregnancy disability;
3. family care;
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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 should request a leave of absence at least thirty (30) days before
the leave is to begin if the need for the leave is foreseeable. If the need is not
foreseeable, the employee must provide written notice to the employer within five
(5) days of learning of the event by which the need for a leave of absence arises.
C. An appointing authority may extend such leave for additional periods. The
procedure in granting extensions shall be the same as that in granting the
original leave, provided that the request for extension must be made not later
than thirty (30) calendar days before the expiration of the original leave.
11.3 Family Care or Medical Leave.
A. Definitions. For medical and family care leaves of absence under Section 15,
the following definitions apply:
1. Child: A biological, adopted, or foster child, stepchild, legal ward,
conservatee, or a child who is under eighteen (18) years of age for whom
an employee stands in loco parentis or for whom the employee is the
guardian or conservator, or an adult dependent child of the employee.
2. Parent: A biological, foster, or adoptive parent, a stepparent, legal
guardian, conservator, or other person standing in loco parentis to a child.
3. Spouse: A partner in marriage as defined in Family Code Section 297.
4. Domestic Partner: As defined in Family Code Section 297.
5. Serious Health Condition: An illness, injury, impairment, or physical or
mental condition which involves either inpatient care in a hospital, hospice
or residential health care facility or continuing treatment or continuing
supervision by a health care provider (e.g. physician or surgeon) and
which, for family care leave only, warrants the participation of a family
member to provide care during a period of treatment or supervision, as
defined by state and federal law.
6. Certification for Family Care Leave: A written communication to the
employer from a health care provider of a person for whose care the leave
is being taken which need not identify the serious health condition
involved, but shall contain:
a. the date, if known, on which the serious health condition
commenced;
b. the probable duration of the condition;
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c. an estimate of the amount of time which the employee needs to
render care or supervision;
d. a statement that the serious health condition warrants the
participation of a family member to provide care during period of
treatment or supervision;
e. if for intermittent leave or a reduced work schedule leave, the
certification should indicate that the intermittent leave or reduced
work schedule leave is necessary for the care of the individual or
will assist in their recovery, and its expected duration.
7. Certification for Medical Leave: A written communication from a health
care provider of an employee with a serious health condition or illness to
the employer, which need not identify the serious health condition
involved, but shall contain:
a. the date, if known, on which the serious health condition
commenced;
b. the probable duration of the condition;
c. a statement that the employee is unable to perform the functions of
the employee's job;
d. if for intermittent leave or a reduced work schedule leave, the
certification should indicate the medical necessity for the
intermittent leave or reduced work schedule leave and its expected
duration.
8. Comparable Positions: A position with the same or similar duties and pay
which can be performed at the same or similar geographic location as the
position held prior to the leave. Ordinarily, the job assignment will be the
same duties in the same program area located in the same city, although
specific clients, caseload, co-workers, supervisor(s), or other staffing may
have changed during an employee's leave.
B. Section 11.2 notwithstanding, any employee who has permanent status, been
employed by the County for at least twelve (12) months and who have worked at
least 1250 hours in the previous 12 month period shall upon request to the
appointing authority, for a leave of absence due to the employee’s serious health
condition or for family care (FMLA) shall be granted to an employee who
requests it for up to twelve (12) weeks during a rolling twelve (12) month period
(measured backward from the date an employee uses any FMLA leave) in
accordance with the following provisions:
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Example: An employee takes time away from work due to the birth of their child
in May. The leave period lasts twelve (12) weeks. In November, they are
scheduled for surgery. Their leave request in November cannot be counted
towards FMLA because they have already utilized their twelve (12) week
entitlement during their leave in May.
1. medical leave of absence for the employee's own serious health condition
which makes the employee unable to perform the functions of the
employee's position; or
2. family care leave of absence without pay for reason of the birth of a child
of the employee, the placement of a child with an employee in connection
with the adoption or foster care of the child by the employee, or the
serious illness or health condition of a child, parent, spouse, or domestic
partner of the employee.
The employee may be asked to provide certification of the need for family
care leave or medical leave. Additional period(s) of family care or medical
leave may be granted by the appointing authority.
Notwithstanding the above, the Sheriff may in his/her discretion, on a case by case
basis, waive the 1250 hour requirement.
C. Intermittent Use of Leave. The twelve (12) week entitlement may be in broken
periods, intermittently on a regular or irregular basis, or may include reduced
work schedules depending on the specific circumstances and situations
surrounding the request for leave. The twelve (12) weeks may include use of
appropriate available paid leave accruals when accruals are used to maintain
pay status, but use of such accruals is not required beyond that specified in
Section 11.6.B below. When paid leave accruals are used for a medical or family
care leave, such time shall be counted as a part of the twelve (12) week
entitlement.
D. Use for Spouse. In the situation where husband and wife are both employed by
the County, the family care or medical leave entitlement based on the birth,
adoption or foster care of a child is twelve (12) weeks each during each calendar
year period.
11.4 Pregnancy Disability Leave. Insofar as pregnancy disability leave is used
under Section 10.2.D - Sick Leave Utilization for Pregnancy Disability, that time
will not be considered a part of the twelve (12) week family care leave period.
11.5 Group Health Plan Coverage.
A. During Leave of Absence. Employees who were members of one of the group
health plans prior to commencement of their leave of absence can maintain their
health plan coverage with the County contribution by maintaining their
employment in pay status as described in Section 11.6. In order to maintain such
coverage, employees are required to pay timely the full employee contribution to
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maintain their group health plan coverage, either through payroll deduction or by
paying the County directly.
B. During Medical or Family Care Leave. During the twelve (12) weeks of an
approved medical or family care leave under Section 11.3 above, the County will
continue its contribution for such health plan coverage even if accruals are not
available for use to maintain pay status as required under Section 11.6. In order
to maintain such coverage, employees are required to pay timely the full
employee contribution to maintain their group health plan coverage, either
through payroll deduction or by paying the County directly.
11.6 Leave Without Pay - Use of Accruals.
A. All Leaves of Absence. During the first twelve (12) month period of any leave of
absence without pay, an employee may elect to maintain pay status each month
by using at least 0.1 hour of available sick leave (if so entitled under Section 10 -
Sick Leave), vacation, floating holiday, compensatory time off or other accruals
or entitlements; in other words, during the first twelve (12) months, a leave of
absence without pay may be broken into segments and accruals used on a
monthly basis at the employee's discretion. After the first twelve (12) months, the
leave period may not be broken into segments and accruals may not be used,
except when required by SDI/Sick Leave Integration.
B. Family Care or Medical Leave (FMLA). During the twelve (12) weeks of an
approved medical or family care leave, if a portion of that leave will be on a leave
of absence without pay, the employee will be required to use at least 0.1 hour of
sick leave (if so entitled under Section 10 - Sick Leave), vacation, floating
holiday, compensatory time off or other accruals or entitlements if such are
available, although use of additional accruals is permitted under subsection A
above.
C. Sick leave accruals may not be used during any leave of absence, except as
allowed under Section 10 - Sick Leave.
11.7 Military Leave. Any employee who is required to serve as a member of the
State Militia or the United States Army, Navy, Air Force, Marine Corps, Coast Guard or
any division thereof shall be granted a military leave for the period of such service, plus
ninety (90) days. An employee who volunteers for such service shall be granted a leave
of absence if necessary in accordance with applicable state or federal laws. Upon the
termination of such service or upon honorable discharge, the employee shall be entitled
to return to his/her position in the classified service provided such still exists and the
employee is otherwise qualified, without any loss of standing of any kind whatsoever.
An employee who has been granted a military leave shall not, by reason of such
absence, suffer any loss of vacation, holiday, or sick leave privileges which may be
accrued at the time of such leave, nor shall the employee be prejudiced thereby with
reference to salary adjustments or continuation of employment. For purposes of
determining eligibility for salary adjustments or seniority in case of layoff or promotional
examination, time on military leave shall be considered as time in County service.
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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.
11.8 Return From Leave of Absence.
A. Early Return. Whenever an employee who has been granted a leave without
pay desires to return before the expiration of such leave, the employee shall
submit a request to the appointing authority in writing at least fifteen (15) days in
advance of the proposed early return provided, however, that less notification
may be approved at the discretion of the appointing authority or his/her
designee. Early return is subject to prior approval by the appointing authority.
The Human Resources Department shall be notified promptly of such return.
B. Leave of Absence Reinstatement. Any permanent employee who requests
reinstatement to the classification held by the employee in the same department
at the time the employee was granted a leave of absence, shall be reinstated to
a position in that classification and department and then only on the basis of
seniority.
C. Leave of Absence Replacement. In case of severance from service or
displacement by reason of the reinstatement of a permanent employee returning
from a leave of absence, the provisions of Section 7 - Seniority, Workforce
Reduction, Layoff, & Reassignment shall apply.
D. Reinstatement From Family Care or Medical Leave of Absence. In the case of a
family care or medical leave, an employee on a 5/40 schedule shall be reinstated
to the same or comparable position if the return to work is after no more than
ninety (90) work days of leave from the initial date of a continuous leave,
including use of accruals, or within the equivalent on an alternate work schedule.
A full time employee taking an intermittent or reduced work schedule leave shall
be reinstated to the same or comparable position if the return to work on a full
schedule is after no more than 720 hours, including use of accruals, of
intermittent or reduced work schedule leave. At the time the original leave is
approved, the appointing authority shall notify the employee in writing of the final
date to return to work, or the maximum number of hours of leave, in order to
guarantee reinstatement to the same or comparable position. An employee on a
schedule other than 5/40 shall have the time frame for reinstatement to the same
or comparable position adjusted on a pro rata basis.
11.9 Appeal of Denial. The decision of the appointing authority on granting or
denying leave or early return from leave shall be subject to appeal to the Director of
Human Resources and not subject to appeal through the grievance procedure set forth
in this MOU.
11.10 Salary Review While on Leave of Absence. The salary of an employee who is
on leave of absence from a County position on any anniversary date and who has not
been absent from the position on leave without pay more than six (6) months during the
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preceding year shall receive salary increments that may accrue to them during the
period of military leave.
11.11 Unauthorized Absence. An unauthorized absence from the work site or failure
to report for duty after a leave request has been disapproved, revoked, or canceled by
the appointing authority, or at the expiration of a leave shall be without pay. Such
absence may also be grounds for disciplinary action.
SECTION 12 - JURY DUTY AND WITNESS DUTY
12.1 Jury Duty. For purposes of this Section, jury duty shall be defined as any time
an employee is obligated to report to the court.
When called for jury duty, County employees, like other citizens, are expected to
discharge their jury duty responsibilities.
Employees shall advise their department as soon as possible if scheduled to appear for
jury duty.
If summoned for jury duty in a Municipal, Superior, or Federal Court, or a Coroners jury,
employees may remain in their regular County pay status, or they may take paid leave
(vacation, floating holiday, etc.) or leave without pay and retain all fees and expenses
paid to them.
When an employee is summoned for jury duty selection or is selected as a juror in a
Municipal, Superior or Federal Court, employees may remain in a regular pay status if
they waive all fees (other than mileage), regardless of shift assignment and the
following shall apply:
a. If an employee elects to remain in a regular pay status and waive or surrender all
fees (other than mileage), the employee shall obtain from the Clerk or Jury
Commissioner a certificate indicating the days attended and noting that fees
other than mileage are waived or surrendered. The employee shall furnish the
certificate to his department where it will be retained as a department record. No
Absence/Overtime Record is required.
b. An employee who elects to retain all fees must take leave (vacation, floating
holiday, etc.) or leave without pay. No court certificate is required but an
Absence/Overtime Record must be submitted to the department payroll clerk.
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.
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.
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When an employee is required to serve on jury duty, the County will adjust that
employee's work schedule to coincide with a Monday to Friday schedule for the
remainder of their service, unless the employee requests otherwise. Participants in
9/80 or 4/10 work schedules will not receive overtime or compensatory time credit for
jury duty on their scheduled days off.
Permanent-intermittent employees are entitled to paid jury duty leave only for those
days on which they were previously scheduled to work.
12.2 Witness Duty. Employees called upon as a witness or an expert witness in a
case arising in the course of their work or the work of another department may remain
in their regular pay status and turn over to the County all fees and expenses paid to
them other than mileage allowance or they may take vacation leave or leave without
pay and retain all fees and expenses.
Employees called to serve as witnesses in private cases or personal matters (e.g.,
accident suits and family relations) shall take vacation leave or leave without pay and
retain all witness fees paid to them.
Retention or waiver of fees shall be governed by the same provisions as apply to jury
duty as set forth in Section 16.1 above.
Employees shall advise their department as soon as possible if scheduled to appear for
witness duty. Permanent intermittent employees are entitled to paid witness duty only
for those days on which they were previously scheduled to work.
SECTION 13 - MEDICAL, DENTAL AND LIFE INSURANCE
13.1 Health Plan. The County will provide group health benefits through the
California Public Employees’ Retirement System (CalPERS) for all permanent full-time
employees, and permanent part-time employees regularly scheduled to work at least
twenty (20) hours per week in classes represented by DSA. The CalPERS health care
program, as regulated by the Public Employees’ Medical and Hospital Care Act
(PEMHCA), regulations issued pursuant to PEMHCA, and the administration of
PEMHCA by CalPERS, controls on all health plan issues for employees who receive
health care coverage from CalPERS, including, but not limited to, eligibility, benefit
plans, benefit levels, minimum premium subsidies, and costs.
13.2 Contra Costa Health Plan (CCHP). Because CCHP has met the minimum
standards required under PEMHCA and is approved as an alternative CalPERS plan
option, DSA members and COBRA counterparts may elect to enroll in CCHP under the
CalPERS plan rules and regulations.
13.3 CalPERS Health Plan Monthly Premium Subsidy. The County’s subsidy to
the CalPERS monthly health plan premiums is as provided below. The employee must
pay any CalPERS health plan premium costs that are greater than the County’s subsidy
identified in Section 13.3(A).
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SECTION 13 - MEDICAL, DENTAL AND LIFE INSURANCE
A. County Premium Subsidy On and After January 1, 2012. Beginning on
January 1, 2012, the amount of the County premium subsidy that is paid for
employees and eligible family members will be as follows:
1. Health Plans
Employee/Retiree/Survivor Only $ 528.18
Employee/Retiree/Survivor & One
Dependent $1,056.36
Employee/Retiree/Survivor
& Two or more Dependents $1,373.27
B. County Premium Subsidy On and After January 1, 2013. Beginning on
January 1, 2013, the County will pay the monthly premium subsidy amounts for
employees and eligible family members that are stated in section A (1) above. In
addition, if there is an increase in the Kaiser Bay Area premium for calendar year
2013, the County will pay seventy-five percent (75%) of that increase, and the
employees will pay twenty-five percent (25%) of that increase.
C. County Premium Subsidy On and After January 1, 2014. For the plan year
that begins on January 1, 2014, the County will pay a monthly premium subsidy
for each health plan that is equal to the actual dollar monthly premium subsidy
that is paid by the County as of November 30, 2013. In addition, if there is an
increase in the monthly premium charged by a health plan for 2014, the County
and the employee will each pay fifty percent (50%) of that increase. For each
calendar year thereafter, the County and the employee will each pay fifty percent
(50%) of the monthly premium increase above the 2013 plan premium.
D. Effective January 1, 2014, in the first calendar year that a new health plan is
offered, the County monthly premium subsidy will be equal to the corresponding
Kaiser monthly premium in the CalPERS region for that health plan. For each
calendar year thereafter, the County and the employee will each pay fifty percent
(50%) of the monthly premium increase that is above the plan premium for the
first year of the new plan.
E. In the event, in whole or in part, that the above County premium subsidy
amounts are greater than one hundred percent (100%) of the applicable
premium of any plan, for any plan year, the County’s contribution will not exceed
one hundred percent (100%) of the applicable plan premium.
13.4 Dental Plan. The County may, during the term of this MOU, change dental care
providers, so long as the level of benefits provided is not reduced.
13.5 Dental Plan Contribution. The County’s contribution to the monthly dental plan
premiums shall be as provided below. These contributions are provided only for
permanent full-time and permanent part-time employees regularly scheduled to work at
least twenty (20) hours per week. Permanent-intermittent and permanent part-time
employees working less than twenty (20) hour per week may enroll in a dental plan but
are not entitled to the County’s contribution. Any increases in dental plan costs greater
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SECTION 13 - MEDICAL, DENTAL AND LIFE INSURANCE
than the County’s contributions identified below during the duration of this M.O.U. shall
be borne by the employee:
a. Delta, and PMI Delta Care: County will contribute seventy-seven percent (77%)
toward the monthly dental premium. Beginning on January 1, 2014, the County
will pay a monthly dental premium subsidy for each dental plan that is equal to
the actual dollar monthly premium subsidy that is paid by the County for 2013. If
there is an increase in the premium charged by a dental plan for 2014, the
County and the employee will each pay fifty percent (50%) of the increase. For
each calendar year thereafter, the County and the employee will each pay fifty
percent (50%) of the premium increase that is above the 2013 plan premium.
b. Dental Only: Employees who elect dental coverage as stated above without
health coverage will pay one cent ($.01) per month for such coverage.
Beginning on January 1, 2014, the County will pay a monthly dental premium
subsidy for each dental plan that is equal to the actual dollar monthly premium
subsidy that is paid by the County for 2013. If there is an increase in the
premium charged by a dental plan for 2014, the County and the employee will
each pay fifty percent (50%) of the increase. For each calendar year thereafter,
the County and the employee will each pay fifty percent (50%) of the premium
increase that is above the 2013 plan premium.
13.6 Orthodontia Coverage. The County will continue to offer Orthodontia coverage
to all permanent employees in classes represented by the DSA who participate in a
County dental plan. The cost for orthodontia coverage is borne 100% by each enrolled
employee. Premium payments are made by payroll deduction or direct pay, as
applicable.
13.7 Rate Information. The County Benefits Service Unit will make dental plan rate
information and, to the extent possible, CalPERS health plan rate information available
to employees and departments upon request. In addition, the County Benefits Service
Unit will publish and distribute to employees and departments information about rate
changes as they occur during the year.
13.8 Life Insurance Benefit Under Health and Dental Plans. For permanent
employees who are enrolled in a County sponsored health or dental plan as either the
primary insured or a dependent, term life insurance in the amount of ten thousand
dollars ($10,000) will be provided by the County.
13.9 Life Insurance Contribution. The County will pay the entire premium on behalf
of permanent full-time and permanent part-time employees regularly scheduled to work
at least twenty (20) hours per week who elect health and/or dental coverage.
Permanent-intermittent and permanent part-time employees working less than twenty
(20) hours per week may participate in the Life Insurance Plan at their full personal
expense, which shall not exceed the County’s cost, provided they elect health and/or
dental coverage.
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13.10 Premium Payments. Employee participation in any medical, dental, or life
insurance plan is contingent upon the employee authorizing payroll deduction by the
County of the employee’s share of the premium cost. The County's contribution to
health plan and dental plan monthly premiums are payable as follows:
A. CalPERS Plan (Includes Alternate CCHP Plan). The County's contribution to the
health plan premium is payable one (1) month in advance. If an employee’s
compensation in any month is not sufficient to pay the employee share of the
premium, the employee must make up the difference by remitting the amount
delinquent to the County. The responsibility for this payment rests solely with the
employee.
B. Dental and Life Insurance Plans. The County's contribution to the dental and life
insurance premium (as described in Sections 13.5 and 13.9) is payable monthly.
If an employee’s compensation in any month is not sufficient to pay the
employee share of the premium, the employee must make up the difference by
remitting the amount delinquent to the County. The responsibility for this
payment rests solely with the employee.
13.11 Extended Coverage. An employee on approved leave without pay shall be
allowed to continue his/her health/dental/life insurance coverage provided that the
employee shall pay their share of the monthly premium by the tenth day of each month,
during said leave.
An employee who terminates County employment is covered through the last day of the
month in which he/she is paid for County dental plans and through the last day of the
month following the month of termination for CalPERS plans. Employees who terminate
County employment may continue Group Health/Dental plan coverage to the extent
provided under the COBRA regulations.
13.12 Retirement Coverage. Upon retirement, employees may, subject to plan
requirements, remain in the same County group medical plan if immediately before their
retirement they are currently enrolled in one of the County sponsored CalPERS Health
Plans or if on authorized leave of absence without pay, they have retained continuous
coverage during the leave period.
1. Government Code section 22892 applies to all employees who were hired
on or before January 1, 2007 and to all employees who are hired on or
after October 1, 2011.
2. For employees hired between January 2, 2007 and September 30, 2011
inclusive, Government Code section 22892 does not apply and the
following provisions apply instead:
a. As soon as practical, the County will modify its agreement with the
CalPERS Health Benefit Program to incorporate the provisions of
Government Code Section 22893 for employees who are hired on
or after January 2, 2007, but before October 1, 2011.
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SECTION 13 - MEDICAL, DENTAL AND LIFE INSURANCE
b. Government Code Section 22893. Notwithstanding Section 22892,
the percentage of employer contribution payable for post retirement
health benefits for any employee of a contracting agency subject to
this section shall, except as provided in Government Code Section
22893, subdivision (b), be based on the member’s completed years
of credited county service at retirement as shown in the following
table:
Credited Years
of Service
Percentage of
Employer
Contribution
10 50
11 55
12 60
13 65
14 70
15 75
16 80
17 85
18 90
19 95
20 or more 100
The employee’s contribution shall be adjusted each year in
accordance with Government Code Section 22893.
The County will provide medical premium payments for employees
who retire from the County in accordance with Government Code
Section 22893.
13.13 Dual Coverage.
A. CalPERS Health Plan. Employees must adhere to the rules as established by
CalPERS.
B. On and after January 1, 2012, each employee and retiree may be covered by
only a single County health and/or a single County dental plan, including
CalPERS plans. For example, a County employee may be covered under a
single County health 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.
C. On and after January 1, 2012, each dependent may be covered by the health
and/or dental plan of only one spouse or one domestic partner. For example,
when both parents are County employees, all of their eligible children may be
covered as dependents of either, parent, but not both.
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SECTION 13 - MEDICAL, DENTAL AND LIFE INSURANCE
D. For purposes of this Section 13.13 - Dual Coverage, "County" includes the
County of Contra Costa and all Board of Supervisors governed special districts,
such as the Contra Costa County Fire Protection District.
13.14 Employee Assistance Program. Any County contract which provides an
employee assistance program applicable to DSA represented employees, including the
present contract with Occupational Health Services, shall include the following
language:
"Records, including any information whether recorded or not, pertaining to the identity,
diagnosis or treatment of any employee or the employee's family dependent(s) which
are maintained in connection with the performance of this contract shall be confidential,
even as to the employer, and disclosed only under the following circumstances:
A. When disclosure is authorized with the written and signed consent of the
employee or the family dependent(s). Such consent must state:
1. the name of the person or organization to whom disclosure is to be made;
2. the specific type of information to be disclosed;
3. the purpose or need for such disclosure.
B. When an employee's records are subpoenaed and are not otherwise protected
by professional privileged relationships, contractor will notify the employee
whose records are subpoenaed immediately by phone, if possible, and in any
event in writing as soon as possible. Written communication shall inform the
employee of his/her access to DSA for aid if he/she so desires. Contractor will
cooperate with employee and/or his legal representative in asserting
confidentiality. Subpoenaed records will only be turned over after a court order.
The employer bears no responsibility under this paragraph.
C. Contractor agrees to operate a system of records on individuals in accordance
with all State and Federal laws pertaining to the confidentiality of alcohol, drug,
and mental health records and the Federal Privacy Act of 1974.
D. The Association is a third-party beneficiary.
13.15 Health Care Spending Account. The County will continue to offer regular full-
time and part-time (20/40 or greater) County employees the option to participate in a
Health Care Spending Account (HCSA) Program designed to qualify for tax savings
under Section 125 of the Internal Revenue Code, but such savings are not guaranteed.
The HCSA Program allows employees to set aside a pre-determined amount of money
from their paycheck for health care expenses not reimbursed by any other health
benefits plan with before-tax dollars. HCSA dollars can be expended on any eligible
medical expenses allowed by Internal Revenue Code Section 125. Any unused balance
is forfeited and cannot be recovered by the employee.
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SECTION 14 - PROBATIONARY PERIOD
13.16 Dependent Care Assistance Program. The County will continue to offer 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 tax savings
are not guaranteed. The program allows employees to set aside up to five thousand
dollars ($5,000) of annual salary (before taxes) per calendar year to pay for eligible
dependent care (child and elder care) expenses. Any unused balance is forfeited and
cannot be recovered by the employee.
13.17 Premium Conversion Plan. The County will continue to offer 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 medical and dental premiums.
13.18 Prevailing Section. To the extent that any provision of this Section (Section 13
– Medical, Dental, and Life Insurance) 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 resolution or
order of the Board of Supervisors, the provision(s) of this Section (Section 13 –
Medical, Dental, and Life Insurance) will prevail.
13.19 Health Benefits 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 management complaint
process.
SECTION 14 - PROBATIONARY PERIOD
14.1 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.
14.2 Criteria. The probationary period shall commence from the date of appointment.
It shall not include time served in provisional or temporary appointments or any period
of continuous absence or temporary modified duty assignment exceeding fifteen (15)
calendar days, except as otherwise provided in the Personnel Management
Regulations or by law.
For those employees appointed to permanent-intermittent positions with a six (6)
months probation period, probation will be considered completed upon serving one
thousand (1,000) hours after appointment except that in no instance will this period be
less than six (6) calendar months from the beginning of probation. If a permanent-
intermittent probationary employee is reassigned to full-time, credit toward probation
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SECTION 14 - PROBATIONARY PERIOD
completion in the full-time position shall be prorated on the basis of one hundred
seventy-three (173) hours per month.
14.3 Rejection During Probation. An employee who is rejected during the probation
period and restored to the eligible list shall begin a new probationary period if
subsequently certified and appointed.
A. Appeal from rejection. Notwithstanding any other provisions of this section, an
employee (Probationer) shall have the right to appeal from any rejection during
the probationary period based on political or religious affiliations or opinions,
association activities, or race, color, national origin, sex, age, disability or sexual
orientation.
B. The appeal must be written, must be signed by the employee and set forth the
grounds and facts by which it is claimed that grounds for appeal exist under
subsection (A) and must be filed through the Director of Human Resources to
the Merit Board by 5:00 p.m. on the seventh (7th) calendar day after the date of
delivery to the employee of notice of rejection.
C. The Merit Board shall consider the appeal, and if it finds probable cause to
believe that the rejection may have been based on grounds prohibited in
subsection (A), it may refer the matter to a Hearing Officer for hearing,
recommended findings of fact, conclusions of law and decision, pursuant to the
relevant provisions of the Merit Board rules in which proceedings the rejected
probationer has the burden of proof.
D. If the Merit Board finds no probable cause for a hearing, it shall deny the appeal.
If, after hearing, the Merit Board upholds the appeal, it shall direct that the
appellant be reinstated in the position and the appellant shall begin a new
probationary period unless the Merit Board specifically reinstates the former
period.
14.4 Regular Appointment. The regular appointment of a probationary employee
shall begin on the day following the end of the probationary period, subject to the
condition that the Director of Human Resources receive from the appointing authority a
statement in writing that the services of the employee during the probationary period
were satisfactory and that the employee is recommended for permanent appointment.
A probationary employee may be rejected at any time during the probation period
without regard to the Skelly provisions of this MOU, without notice and without right of
appeal or hearing. If the appointing authority has not returned the probation report, or
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
probationary 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.
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AND MANAGEMENT BENEFITS
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.
14.5 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 probationary period if the position is in the department from which
the employee separated, displaced or voluntarily demoted in lieu of layoff.
SECTION 15 - GENERAL TERMS & CONDITIONS OF EMPLOYMENT AND
MANAGEMENT BENEFITS
15.1 Incentives.
A. Management 2.5% Longevity Pay Plan. Employees who have completed ten
(10) years of service for the County shall receive a 2.5% longevity differential.
For purposes of determining ten (10) years of service for this differential, the
records utilized for service award purposes will control.
B. Deferred Compensation Incentive. The County's supplemental contribution to
employees who participate in the County's Deferred Compensation Plan will be
forty dollars ($40) per month. To be eligible for this incentive supplement,
employees must first contribute a Base Contribution Amount to the deferred
compensation plan as follows:
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SECTION 15 - GENERAL TERMS & CONDITIONS OF EMPLOYMENT
AND MANAGEMENT BENEFITS
Monthly Base
Current Contribution Amt.
Monthly Qualifying Base for Maintaining
Salary Contribution Amt. Program Eligibility
2,500 & below 250 50
2501 - 3334 500 50
3335 - 4167 750 50
4168 - 5000 1000 50
5001 - 5834 1500 100
5835 - 6667 2000 100
6668 & above 2500 100
Employees with a break in deferred compensation contributions because of
either an approved medical leave or approved financial hardship withdrawal shall
not be required to reestablish eligibility. Further, employees who lose eligibility
due to budgetary constraints but maintain contributions at the required level and
later return to an eligible position shall not be required to reestablish eligibility.
C. 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 Deputy Sheriffs’ Association
(DSA) 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
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AND MANAGEMENT BENEFITS
deducted from the employee’s Deferred Compensation account.
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.
15.2 Differentials.
A. Longevity Differential for Law Enforcement Management. Upon completion
of fifteen (15) years sworn service, employees shall be eligible for a five percent
(5%) base salary differential. Upon Completion of twenty (20) years of sworn
County service, employees will be eligible for an additional two percent (2%)
base salary differential. This provision shall be effective July 1, 2012.
B. Bilingual Pay Differential. A salary differential of one hundred dollars
($100.00) per month shall be paid incumbents of positions requiring bilingual
proficiency as designated by the Appointing Authority and the 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.
If during the term of this MOU, the County increases the Bilingual Pay for other
bargaining units, the County will extend that increase to the DSA bargaining unit
members. The increase will be implemented on prospective basis only and will
not be subject to retroactivity.
C. Effective January 1, 2007, any Lieutenant who is directed to work in an on-call
status in support of the Officer of the Day Program shall receive fifty four dollars
and fifty cents ($54.50) per day, not to exceed three hundred twenty seven
dollars ($327.00) per week, for the period assigned to work in an on-call status.
D. Sheriffs' Administrative Differential. Effective February 1, 1991, the Sheriff-
Coroner was authorized to enter into agreements with contract cities who have a
Lieutenant assigned as the Chief of Police, to pay a monthly administrative
differential, reimbursed by the individual city, in an amount equal to one-half the
percentage differential between top step Lieutenant and top step Captain.
Lieutenants who are eligible to receive this administrative differential shall do so
in lieu of any other watch-stander differentials for which they may be eligible.
15.3 Leaves & Pay for Time Not Worked.
A. Annual Management Administrative Leave. On January 1 of each year, all
permanent full time sworn management employees shall be credited with
seventy-four (74) hours of paid management administrative leave. This time is
non-accruable and all balances will be zeroed out effective December 31st of
each year. Permanent part-time employees shall have such leave prorated
based on their position hours.
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B. Furlough Days Without Pay. Subject to the prior written approval of the
appointing authority, employees may elect to take furlough days or hours without
pay (pre-authorized absence without pay), up to a maximum of fifteen (15)
calendar days for any one period. Longer pre-authorized absences without pay
are considered leaves of absence without pay. Employees who take furlough
time shall have their compensation for the portion of the month worked
computed in accord with Section 5.6 - Compensation for Portion of Month of this
MOU. Full time and part-time employees who take furlough time shall have their
vacation, sick leave, floating holiday, and any other payroll computed accruals
computed as though they had worked the furlough time. When computing
vacation, sick leave, floating holiday, and other accrual credits for employees
taking furlough time, this provision shall supersede Section 8.1, 9.1, 9.3, and
10.2 of this MOU regarding the computation of vacation, sick leave, floating
holiday, and other accrual credits as regards furlough time only. For payroll
purposes, furlough time (absence without pay with prior authorization of the
appointing authority) shall be reported separately from other absences without
pay to the Auditor-Controller. The existing VTO program shall be continued for
the life of the contract.
15.4 Benefits & Allowances.
A. Personal Protective Equipment. The County shall reimburse employees for
safety shoes and prescription safety eyeglasses in those classifications which
the County has determined eligible for such reimbursement. The County will
reimburse eligible employees for safety shoes in an amount not to exceed sixty
dollars ($60) in any calendar year. The County will reimburse eligible employees
for prescription safety eyeglasses which are approved by the County and are
obtained from such establishment as required by the County.
B. 414H Participation. The County will continue provisions of Section 414(h)(2) of
the Internal Revenue Code which allows the County Auditor-Controller to reduce
the gross monthly pay of employees by an amount equal to the employee's total
contribution to the County Retirement System before federal and state income
taxes are withheld and forward that amount to the Retirement system. This
program of deferred retirement contribution will be universal and non-voluntary
as is required by statute.
C. Management Life Insurance. Management employees shall be provided with a
$40,000 term life insurance policy. Premiums for this insurance shall be paid by
the County with conditions of eligibility reviewed annually.
D. Training. Employees shall be eligible for career development training
reimbursement in the maximum amount of six hundred fifty ($650) per fiscal
year. The reimbursement of training expenses shall be consistent with
Administrative Bulletins on Travel & Training. Registration and tuition for career
development education may be reimbursed for up to fifty percent (50%) of the
employee’s net cost. Books necessary for courses taken for career development
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education may be reimbursed for up to one hundred percent (100%) of the
employee’s net cost.
E. Management Development Policy. All employees shall be authorized to attend
professional training programs, seminars and workshops a minimum of thirty (30)
hours annually, during normal work hours, for the purpose of developing
knowledge, skills and abilities in the areas of supervision, management and
County policies and procedures.
Departments are particularly encouraged to provide generous professional
development opportunities (above the thirty (30) hour minimum) for people newly
promoted into positions of direct supervision.
Priority for professional training programs shall be afforded those offered through
the Contra Costa Training Institute. Other related and appropriate
training/education resources approved by the department may also be
considered.
To encourage personal and professional growth which is beneficial to both the
County and the employee, the County provides reimbursement for certain
expenses incurred by employees for job-related training (required training and
career development training/education. Provision for eligibility and
reimbursement are identified in Administrative Bulletin 12.7, November 1, 1989.
F. Long-Term Disability Insurance. The County shall continue in force all
provisions of the Long-Term Disability Insurance program with a replacement
limit of eighty-five percent (85%) of total monthly base earnings reduced by any
deductible benefits. The premium for this Long-Term Disability Insurance
program shall be fully paid by the County.
G. Vacation Buy Back.
1. For Employees Hired Before November 1, 2011:
Employees 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; and
3. If the employee is receiving 2.5% Management Incentive, payment
shall be based on an hourly rate determined by dividing the
employee’s monthly salary, plus the 2.5% Management Incentive,
by 173.33.
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4. the maximum number of hours that may be reimbursed in any year
is one-third (1/3) of the annual accrual.
In those instances where a lump-sum payment has been made to management
employees in lieu of a retroactive general salary adjustment for a portion of the
calendar year which is subsequent to exercise by a management 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 was inclusive of the effective date of the vacation buy back.
2. For Employees Promoted or Hired On and After November 1, 2011:
Employees promoted or hired by the County into any classification
represented by the Deputy Sheriffs’ Association, Management Unit, on
and after November 1, 2011, 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
Deputy Sheriffs’ Association, Management Unit, will retain that benefit
after promoting into a classification represented by the Deputy Sheriffs’
Association, Management Unit.
H. Professional Development. All employees shall be eligible for reimbursement
of up to four hundred dollars ($400) for each two (2) year period beginning
January 1, 2002 for memberships in professional organizations, subscriptions to
professional publications, attendance fees at job-related professional
development activities and job-related computer hardware and software from a
standardized County approved list or with Department Head approval, provided
such employee complies with the provisions of the Computer Use and Security
Policy adopted by the Board of Supervisors and manuals. Authorization for
individual professional development reimbursement requests shall be made by
the Department Head. Reimbursement will occur through the regular demand
process with demands being accompanied by proof of payment (copy of invoice
or canceled check).
For the duration of this agreement, any increase in the professional development
pay for the County’s unrepresented managers will result in an equivalent dollar
amount to the Professional Development pay for this unit.
I. Sick Leave Incentive Plan. Employees shall be eligible for a payoff of unused
sick leave accruals at separation. This program is an incentive for employees to
safeguard sick leave accruals as protection against wage loss due to time lost for
injury or illness. Payoff shall be approved by the Director of Human Resources
and can be awarded only under the following conditions:
1. The employee must have resigned in good standing.
2. Payout is not available if the employee retires.
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3. The balance at resignation must be at least seventy percent (70%) of
accruals earned in the preceding continuous period of employment.
4. Payout shall be under the following schedule:
Years of Permanent % of Unused
Continuous Service Sick Leave Paid
3 - 5 years 30%
5 - 7 years 40%
7+ years 50%
15.5 Terms & Conditions of Employment.
A. Overtime Exclusion. In recognition of their management status, employees
shall continue to be overtime exempt. The Office of the County Administrator
shall have authority to exclude certain management classes from Overtime
Exemption. Provisional appointees to management classes and employees
receiving higher pay for a higher management classification who were not
previously in a management class shall be automatically placed on the Overtime
Exempt Exclusion List since they are not eligible for management benefits.
B. Part-Time Employees. Part-time employees who work at least fifty percent
(50%) of full time on a continuing basis, shall be provided the management
benefits listed in this MOU on a full or pro rata basis.
C. Permanent-Intermittent Employees. Permanent-Intermittent employees are
eligible for vacation and sick leave benefits as defined in this MOU on a pro rata
basis.
D. Length of Service Credits. The length of service credits of each permanent
employee shall date from the beginning of the last period of continuous County
employment including temporary, provisional and permanent status and
absences on approved leave of absence except that when an employee
separates from a permanent position in good standing and is subsequently
reemployed in a permanent County positions prior to the completion of two (2)
years from date of separation, the period of separation will be bridged. Under
these circumstances, the service credits shall include all credits accumulated at
time of separation but shall not include the period of separation. The service
credits of an employee shall be determined from employee status records of the
Human Resources Department.
15.6 Officer of the Day Program.
a. During the term of the 1998-2001 MOU, the parties agree that the provisions
regarding the Officer of the Day Program will be subject to review and revision at
regular Labor Management Committee meetings.
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b. The Sheriff may assign Lieutenants on a full-time basis to the Officer of the Day
Program, subject to the following:
1. The Assistant Division Commander of the Emergency Services Division
shall typically be responsible for providing routine relief for absences of
one week or more.
a. During periods that one or more of the assigned Lieutenants is not
available for duty and the Assistant Emergency Services Division
Commander is not available to provide relief, a Sergeant may be
temporarily assigned to the Program in the capacity of an acting
Lieutenant.
2. The Officer of the Day Program shift schedule and the order of shift
rotations shall be established/modified at the Labor Management
Committee pursuant to paragraph A. above.
a. Once each year, during the annual vacation sign-up, Lieutenants
who are assigned to the Officer of the Day Program shall sign-up
for their upcoming shift assignments. The annual shift sign-up will
become effective on the first Monday in January of the following
year.
b. Following the annual sign-up, assigned Lieutenants shall rotate
shifts on the first Monday of each calendar quarter.
c. Lieutenants who are assigned to the Officer of the Day Program
mid-year shall assume the shift assignment and rotation schedule
of the Lieutenant who is being replaced.
3. When making assignments to the Officer of the Day Program, the Sheriff
shall consider those Lieutenants who have volunteered for the
assignment. Consideration also should be given to avoid the involuntary
assignment of a Lieutenant who previously has been assigned to the
program.
4. Although the Sheriff shall retain the right to determine the length of
assignment, Officer of the Day assignments normally will be subject to the
same rotation policy(ies) as other Lieutenant assignments.
c. Lieutenants who are assigned to the Officer of the Day Program, including the
Assistant Emergency Services Division Commander, are eligible for holiday pay
under the provisions of Section 15.8.
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15.7 Holiday is Not Worked by Full-Time Lieutenants who are assigned to the
Officer of the Day Program: When a Full Time Lieutenant assigned to the Officer of
the Day Program does not work on a holiday, the Lieutenant will be paid in accordance
with Section 8.2 or Section 8.3, as applicable.
15.8 Holiday is WORKED by Lieutenants who are Assigned to the Officer of the
Day Program and Holiday Falls on Scheduled Work Day:
A. Full-Time Employee: When a full-time Lieutenant assigned to the Officer of the
Day program works on a holiday that falls on the employee’s scheduled work
day, the employee is entitled to receive his/her regular salary. The employee is
also entitled to receive holiday pay at the rate of one and one half (1.5) times
his/her base rate of pay (not including differentials).
15.9 Holiday is WORKED by Lieutenant Assigned to the Officer of the Day
Program and Holiday Falls on Scheduled Day Off:
A. Full-Time Employee: When a Lieutenant assigned to the Officer of the Day
program works on a holiday that falls on the employee’s scheduled day off, the
employee is entitled to receive his/her regular salary.
1. Employee Works on his/her Next Scheduled Work Day Following the
Holiday: When a full time employee works on his/her next scheduled
work day following the holiday, the employee is entitled to receive his/her
regular salary. The employee is also 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) at the same rate for all hours worked on that day.
2. Employee does NOT work on his/her Next Scheduled Work Day
Following the Holiday: When a full time employee does NOT work on
his/her next scheduled work day following the holiday, the employee is
entitled to the day off, without a reduction in pay, in recognition of his/her
regularly scheduled day off.
3. The County retains the right to decide whether an employee will work or
not work on the next scheduled work day following a holiday.
15.10 Time Reporting and Pay Practices Waiver:
The Association agrees to the implementation of an Automated Timekeeping System.
The Association waives its right to meet and confer regarding any impacts that may
result from the County’s implementation of the automated timekeeping system,
including but not limited to, changes to current departmental time reporting and pay
practices. The Association agrees to convert from the current payroll cycle when the
County is able to upgrade the current Payroll system or implement a new County
Payroll System.
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SECTION 16 - PROMOTION
16.1 Competitive Exam. Promotion shall be by competitive examination unless
otherwise provided in this MOU.
16.2 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.
16.3 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.
16.4 Promotion Via Reclassification Without Exam. Notwithstanding other
provisions of this Section, an employee may be promoted from one classification to a
higher classification and his position reclassified at the request of the appointing
authority and under the following conditions:
a. An evaluation of the position(s) in question must show that the duties and
responsibilities have significantly increased and constitute a higher level of work.
b. The incumbent of the position must have performed at the higher level for one
(1) year.
c. The incumbent must meet the minimum education and experience requirements
for the higher class.
d. The action must have approval of the Director of Human Resources.
e. The Association approves such action.
The appropriate rules regarding probationary status and salary on promotion are
applicable.
16.5 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.
16.6 Seniority Credits. Employees who have qualified to take promotional
examinations and who have earned a total score, not including seniority credits, of
seventy percent (70%) or more, shall receive, in addition to all other credits, five one-
hundredths of one percent (.05%) for each completed month of service as a permanent
County employee continuously preceding the final date for filing application for said
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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.
16.7 Physical Examination. County employees, who are required as part of the
promotional examination process to take a physical examination shall do so on County
time at County expense.
SECTION 17 - RESIGNATIONS
An employee's voluntary termination of service is a resignation. Written resignations
shall be forwarded to the Human Resources Department by the appointing authority
immediately on receipt, and shall indicate the effective date of termination. Oral
resignation shall be immediately confirmed by the appointing authority in writing to the
employee and to the Human Resources Department and shall indicate the effective
date of termination.
17.1 Resignation in Good Standing. A resignation giving the appointing authority
written notice at least two (2) weeks in advance of the last date of service (unless the
appointing authority requires a longer period of notice, or consents to the employee's
terminating on shorter notice) is a resignation in good standing.
17.2 Constructive Resignation. A constructive resignation occurs and is effective
when:
a. An employee has been absent from duty for five (5) consecutive working days
without leave, and;
b. Five (5) more consecutive work days have elapsed without response by the
employee after the mailing of a notice of resignation by the appointing authority
to the employee at the employee's last known address.
17.3 Effective Resignation. A resignation is effective when delivered or spoken to
the appointing authority, operative either on that date or another date specified.
17.4 Revocation. A resignation that is effective is revocable only by written
concurrence of the employee and the appointing authority.
17.5 Coerced Resignations.
A. Time Limit. A resignation which the employee believes has been coerced by the
appointing authority may be revoked within seven (7) calendar days after its
expression, by serving written notice on the Director of Human Resources and a
copy on the appointing authority.
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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 shall be handled as an appeal to the Merit Board.
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 18 - DISMISSAL, SUSPENSION & DEMOTION
18.1 Cause for Disciplinary Action. The appointing authority may dismiss, suspend,
demote, or reduce within class, any employee for cause. The following are sufficient
causes for such action; the list is indicative rather than inclusive of restrictions and
dismissal, suspension, reduction or demotion may be based on reasons other than
those specifically mentioned:
a. absence without leave,
b. conviction of any criminal act involving moral turpitude,
c. conduct tending to bring the merit system and/or Office of the Sheriff-Coroner
into disrepute,
d. disorderly or immoral conduct,
e. incompetence or inefficiency,
f. insubordination,
g. being at work under the influence of liquor or drugs, carrying onto the premises
liquor or drugs or consuming or using liquor or drugs during work hours and/or on
County premises,
h. neglect of duty, (i.e. non-performance of assigned responsibilities),
I. negligent or willful damage to public property or waste of public supplies or
equipment,
j. violation of any lawful or reasonable regulation or order given by a supervisor or
department head,
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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.
18.2 Skelly Requirements - Notice of Proposed Action (Skelly Notice). Before
taking a disciplinary action to dismiss, suspend, for more than five (5) work days (four
(4) work days for employees on "4-10" work week), demote or reduce within class an
employee, the appointing authority shall cause to be served personally or by certified
mail, on the employee, a Notice of Proposed Action, which shall contain the following:
a. A statement of the action proposed to be taken.
b. A copy of the charges, including the acts or omissions and grounds upon which
the action is based.
c. If it is claimed that the employee has violated a rule or regulation of the County,
department or district, a copy of said rule shall be included with the notice.
d. A statement that the employee may review and request copies of materials upon
which the proposed action is based.
e. A statement that the employee has seven (7) calendar days to respond to the
appointing authority either orally or in writing.
18.3 Employee Response. The employee upon whom a Notice of Proposed Action
has been served shall have seven (7) calendar days to respond to the appointing
authority either orally or in writing before the proposed action may be taken. Upon
request of the employee and for good cause, the appointing authority may extend in
writing the period to respond. If the employee's response is not filed within seven (7)
days or during any extension, the right to respond is lost.
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18.4 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.
18.5 Length of Suspension. Suspensions without pay shall not exceed thirty (30)
days unless ordered by an adjustment board or the Merit Board.
18.6 Procedure on Dismissal, Suspension or Disciplinary Demotion.
A. In any disciplinary action to dismiss, suspend, 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, 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 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.
Employee Appeals from Order. The employee may appeal an order of
dismissal, suspension or demotion to the Merit Board.
SECTION 19 - MANAGEMENT COMPLAINT PROCEDURE
19.1 Definition. Any dispute by an employee over the application of any section of
this MOU which cannot be resolved administratively, or is not handled under the
jurisdiction of the County Merit Board may be addressed under provisions of Resolution
83/987 (Management Complaint Procedure) as follows:
Step 1 - Immediate Supervisor. Any management employee (complainant) who
believes that he/she has been adversely affected by the application or interpretation of
a rule, regulation, or procedure or otherwise adversely affected in a manner not within
the scope of available appeal avenues, may within thirty (30) calendar days discuss the
problem with his/her immediate supervisor. If the problem is not resolved at this step,
the employee may use Step 2.
Step 2 - Department Head. If a complaint is not resolved in Step 1, the complainant
may, within seven (7) calendar days after the immediate supervisor's response, request
an appointment with his/her Department Head or designee. If the problem is not
resolved at this step, the complainant may use Step 3 or Step 4.
Step 3 - Mediation. If a complaint is not resolved at Step 2, the complainant may, within
seven (7) calendar days after the Department Head's response, file a written request
with the Employee Relations Officer or designee for mediation. This request shall
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contain a description of the problem and the specific issue. The Employee Relations
Officer or designee shall meet with the complainant and Department Head, or
designee, within ten (10) work days and select a mutually agreed-upon mediator. The
mediation shall be confidential and shall not become part of the complainant's
personnel record. If a resolution agreeable to the complainant and the Department
Head is reached, it may, if mutually agreed, be reduced to writing. If the problem is not
resolved at this step, the complainant may use Step 4. Mediation is not required and
the complainant may skip this step and proceed to Step 4 with a request like that for
Step 3.
Step 4 - Adjustment Panel. If the problem is not resolved at Step 3 or if Step 3 is
skipped (see above) complainant may, within seven (7) calendar days after the
mediator's or Department Head's response, submit his/her complaint in writing to the
Employee Relations Officer or designee, who shall promptly convene an adjustment
panel of three management employees. As used herein "management employees"
includes management employees of both the County and Fire Protection Districts. The
complainant and the Department Head shall each select one (1) panel member, which
two (2) shall select the third (3rd) member. The panel shall hear evidence and
arguments regarding the complaint and shall render a statement of findings and
recommendation to the complainant and the Department Head, with copies to the
County Administrator and Director of Human Resources. Step 4 of the management
complaint procedure may be waived by the written mutual agreement of the parties.
Step 5. If an Adjustment Board is unable to arrive at a majority decision, either the
employee (or the County, when alleging a violation of Section 19.3) may require that the
grievance be referred to an impartial arbitrator who shall be designated by mutual
agreement between the employee and the Personnel Director. Such request shall be
submitted within twenty (20) work days of the rendering of the Adjustment Board
decision. Within 20 days of the request for arbitration the parties shall mutually select
an arbitrator. The fees and expenses of the Court Report shall be shared equally by
the employee and the County. Each party, however, shall bear the costs of its own
presentation, including preparation and post hearing briefs, if any.
If the parties cannot initially agree on a neutral arbitrator, either may request a list of five
(5) arbitrators from the State Mediation and Conciliation Service. The cost of the list will
be shared equally by the parties. If they cannot agree on an arbitrator from that list, they
shall strike alternatively from the list, with the first to strike to be determined by lot, and
the last remaining name shall be the arbitrator.
19.2 Compensation Complaints. All complaints involving or concerning the
payment of compensation shall be initially filed in writing with the Employee Relations
Officer or designee. Only complaints which allege that employees are not being
compensated in accordance with the provisions of this MOU shall be considered as
grievances. Any other matters of compensation are to be resolved in the meeting and
conferring process if not detailed in the MOU which results from such meeting and
conferring process shall be deemed withdrawn until the meeting and conferring process
is next opened for such discussion. No adjustment shall be retroactive for more than six
(6) months from the date upon which the complaint was filed.
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19.3 Strike/Work Stoppage. During the term of this MOU, the Association, its
members and representatives, agree that it and they will not engage in, authorize,
sanction, or support any strike, slowdown, stoppage of work, sickout, or refuse to
perform customary duties.
In the case of a legally declared lawful strike against a private or public sector employer
which has been sanctioned and approved by the labor body or council having
jurisdiction, an employee who is in danger of physical harm shall not be required to
cross the picket line, provided the employee advises his or her supervisor as soon as
possible, and provided further that an employee may be required to cross a picket line
where the performance of his or her duties is of an emergency nature and/or failure to
perform such duties might cause or aggravate a danger to public health or safety.
19.4 Merit Board.
A. All grievances of employees in representation units represented by the
Association shall be processed under Section 19 unless the employee elects to
apply to the Merit Board on matters within its jurisdiction.
B. No action under Steps 3 and 4 of Subsection 19.1 above shall be taken if action
on the management complaint has been taken by the Merit Board, or if the
management complaint is pending before the Merit Board.
19.5 Filing by Association. The Association may file a management complaint at
Step 3 on behalf of affected employees when action by the County Administrator or the
Board of Supervisors violates a provision of this MOU.
19.6 Letters of Reprimand. Letters of reprimand are subject to the management
complaint procedure. Letters of Reprimand shall be removed from an employee's file
which are five (5) years old from the date issued unless subsequent disciplinary action
has been taken and sustained against the employee for the same type of offense within
said five (5) year period in which case the Letter of Reprimand is not subject to removal.
However, where the subsequent disciplinary action consists of Letter(s) of Reprimand
for the same type of offense, those letters (including the original letter) will be removed
from the employee's file after five (5) years pass from the date the most recent letter is
issued unless a different type of discipline (e.g., suspension, et al) for the same type of
offense is taken and sustained during said five (5) year period.
19.7 Corrective Counseling System. The Corrective Counseling System is a
method of training and counseling employees in an effort to improve behavior and
performance without the negative effects of lasting disciplinary measures. It will
hereafter consist of three (3) phases, or levels, with procedures and policies for
administration developed within the Department. Placement into the Corrective
Counseling System is not subject to the management complaint procedure.
There shall be no mention of the "phase" program in any employee's evaluation,
although the circumstances allegedly supporting the starting, the ending, or the
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SECTION 19 - MANAGEMENT COMPLAINT PROCEDURE
continuing of a phase, may be mentioned. This does not affect any other rights or
responsibilities of the parties with regards to the performance evaluations per se.
An employee placed into a Phase of the Corrective Counseling System may appeal the
placement through a formal department hearing process. Following are the guidelines
and procedures to be utilized in the process:
a. Hearing Officer. The phase placement appeal will be heard by a Commander
not in the employee's direct chain of command, hereafter referred to as the
Hearing Officer. The Hearing Officer has the authority to set aside the phase
placement completely or decrease the phase to any lower level.
b. Notification of Intent to Appeal. Upon receipt of the Phase memo, the affected
employee has seven (7) calendar days to deliver written documentation of an
intent to appeal the phase placement. The "intent to appeal" memo is to be
addressed to the Hearing Officer, with a copy to the employee's Division
Commander. The appeal process defers the starting date of the phase period.
c. Hearing Date. Upon receipt of the "intent to appeal" memo, the Hearing Officer
will schedule a hearing date and notify the affected employee at least seven (7)
calendar days prior to the hearing date. The hearing date shall be within twenty-
one (21) calendar days of the Hearing Officer's receipt of the "intent to appeal"
unless one of the primary parties involved is unavailable, in which case the
hearing will be scheduled as soon as practical upon the return to work of the
parties.
d. The Hearing. For Phase I and II actions, the employee may submit a written
request for hearing to the Commander not in the employee's chain of command.
The Commander will review the request and determine if there is a basis for a
formal hearing. An alternate informal process exists which would allow the
employee and his/her representative to meet and discuss the phase placement
in accordance with the established open door policy of the Department.
For Phase III appeals, the Commander will determine the parties to be present at
the hearing, except that the affected employee will be present, and a maximum
of two (2) representatives of the employee's choice.
In general, witnesses will not be called or allowed; however, the affected
employee may submit written statements from the employee (or others) which
will support the appeal.
The entire appeal hearing will be tape recorded. The tape will be kept (and be
available) in the Administration Division, and will be erased when the phase is no
longer in effect. Upon his request and at his expense, the employee may tape
the hearing.
The Commander will weigh all testimony and attempt to determine the facts
surrounding the phase placement.
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SECTION 20 - DEPARTMENT INVESTIGATIONS
e. Results. The Hearing Officer will report his decision in a brief memo to the
employee within five (5) business days of the hearing.
If the decision upholds the original recommendation or decreases the phase
level, the phase period begins on the date of the Hearing Officer's decision.
If the Hearing Officer determines that a phase was not appropriate, all reference
to the phase incident and hearing will be immediately purged from the personnel
file, and the Hearing Officer's written decision will be sent to the affected
employee.
SECTION 20 - DEPARTMENT INVESTIGATIONS
It has always been and shall continue to be, the Sheriff's position that all internal
investigations shall be conducted in a professional and timely manner. The scope and
intent of all legal and policy mandates shall be adhered to during all phases of the
investigation. This includes that the confidentiality of all information gained during the
inquiry shall be consistent with present legal restraints relative to discovery and
disclosure.
SECTION 21 - LABOR/MANAGEMENT COMMITTEE
Matters of concern to employees in this unit may be raised by the Department or the
DSA in the existing Labor-Management Committee.
SECTION 22 - RETIREMENT CONTRIBUTION
A. Payment of Employee Contributions.
Effective on January 1, 2012, employees are responsible for the payment of 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
employee’s contributions. 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.
22.1 Safety Retirement Tier Elections - Employees Hired or Rehired Before
January 1, 2013.
A. If either the Internal Revenue Service issues guidance acceptable to both
parties, or the County receives a Private Letter Ruling from the IRS, that protects
the County and DSA members hired prior to January 1, 2013, from additional tax
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SECTION 22 - RETIREMENT CONTRIBUTION
liability, DSA members will have the opportunity to elect new retirement tiers
pursuant to Government Code section 31484.9.
B. The following tiers are established:
1. In Safety Tier A, the retirement formula is “3 Percent at 50.” The cost of
living adjustment (COLA) to the retirement allowance shall not exceed
three (3) percent per year. The employee’s final compensation shall be
based on a twelve (12) month salary average.
2. In Safety Tier C, the retirement formula is “3 Percent at 50.” The cost of
living adjustment (COLA) to the retirement allowance shall not exceed
two (2) percent per year. The employee’s final compensation shall be
calculated based on a thirty-six (36) month salary average.
3. In the Safety PEPRA Tier, the retirement formula is established by the
Public Employees Pension Reform Act (PEPRA) (Chapters 296, 297,
Statutes of 2012). The retirement formula is PEPRA Safety Option Plan
Two (2.7% at 57). The cost of living adjustment to the retirement
allowance (COLA) shall not exceed two percent (2%) per year, and the
cost of living adjustment will be banked. The employee’s final
compensation will be based on his/her average annual compensation
earnable during a consecutive thirty-six month period.
C. Method of Election.
1. Upon the occurrence of all of the following:
a. the contingency listed in subsection A is met;
b. actuarial studies by the County and by the Contra Costa County
Employees Retirement Association (“CCCERA”,) have been
completed;
c. the Board of Supervisors has adopted such ordinances or
resolutions as may be necessary to implement the election;
d. as required by Government Code section 31484.9, the County has
prepared written information about the change in benefits for
employees who elect to enter a new tier; and
e. CCCERA has taken any other actions that may be necessary to
implement the election;
the County shall work with CCCERA to provide a time period of no
less than three (3) calendar months during which sworn members
of the DSA bargaining unit who are in Safety Tier A as of
December 31, 2012, may make a written irrevocable election to 1)
waive and release all rights to retirement benefits under Safety Tier
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SECTION 22 - RETIREMENT CONTRIBUTION
A for the period of service following the election and 2) enter the
Safety PEPRA Tier for the period of service following the election.
In addition, the County shall work with CCCERA to provide a time
period of no less than three (3) calendar months during which
sworn members of the DSA bargaining unit who are in Safety Tier
C as of December 31, 2012, may make a written irrevocable
election to 1) waive and release all rights to retirement benefits
under Safety Tier C for the period of service following the election
and 2) to enter the Safety PEPRA Tier for the period of service
following the election.
Employees electing to enter the Safety PEPRA Tier will enter the
Safety PEPRA Tier on the first day of the first calendar month after
the close of the election period.
2. An employee in Safety Tier A who elects to enter the Safety PEPRA Tier
shall have his/her retirement benefits calculated on the basis of Safety
Tier A for the period of service prior to the election. An employee in
Safety Tier C who elects to enter the Safety PEPRA Tier shall have
his/her retirement benefits calculated on the basis of Safety Tier C for the
period of service prior to the election.
D. The parties agree that the provisions of Government Code section 31484.9 shall
apply to sworn members of the Deputy Sheriff’s Association.
22.2 Tier A - Thirty Years of Continuous Service as a Safety Member. Through
the term of this Memorandum of Understanding and any extensions thereof, a DSA
member with credit for more than 30 years of continuous service as a safety member
shall not make payments from his or her retirement base to pay part of the employer’s
contribution for the cost of Safety Tier A.
22.3 Safety Retirement Tier C - Employees Hired or Rehired after December 31,
2006, but Before January 1, 2013.
A. For sworn employees hired by the County after December 31, 2006, but before
January 1, 2013, the retirement formula shall be “3 Percent at 50”. The cost of
living adjustment (COLA) to the retirement allowance shall not exceed two (2)
percent per year. The employee’s final compensation shall be based on his or
her highest thirty six (36) month salary average. Safety Tier A is closed to all
employees initially hired after December 31, 2006.
B. Employees who left County service prior to January 1, 2013, and are rehired
after that date shall not be eligible to elect a retirement tier. Such rehired
employees shall be automatically placed in that retirement tier for which they are
eligible under the County Employees Retirement Law and PEPRA.
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SECTION 22 - RETIREMENT CONTRIBUTION
C. Safety Tier C is closed to all employees initially hired after December 31, 2012,
except for those sworn employees who, under PEPRA, do not become New
Members of CCCERA.
22.4 Safety Retirement Benefit – Sworn Employees who become New Members
of CCCERA on or after January 1, 2013.
A. For sworn employees who, under PEPRA, become Safety New Members of the
Contra Costa County Employee Retirement Association (CCCERA) on or after
January 1, 2013, retirement benefits are governed by the California Public
Employees Pension Reform Act of 2013 (PEPRA), (Chapters 296, 297, Statutes
of 2012). To the extent this Agreement conflicts with any provision of PEPRA,
PEPRA will govern.
B. PEPRA Safety Option Plan Two (2.7% @ 57) applies to these employees who,
under PEPRA, become New Members of CCCERA. For these employees, 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.
22.5 Retirement Benefit - Non-Sworn Employees who become New Members of
CCCERA on or After January 1, 2013.
A. For non-sworn employees who, under PEPRA, become New Members of the
Contra Costa County Employees Retirement Association (CCCERA) on or after
January 1, 2013, retirement benefits are governed by the California Public
Employees Pension Reform Act of 2013 (PEPRA), (Chapters 296, 297, Statutes
of 2012). To the extent this Agreement conflicts with any provision of PEPRA,
PEPRA will govern.
B. For employees hired by the County after June 30, 2013, who, under PEPRA,
become New Members of CCCERA 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. For employees who, under PEPRA, become New Members of CCCERA, the
disability provisions are the same as the current Tier III disability provisions.
D. The County will seek legislation amending the County Employees Retirement
Law of 1937 to clarify that the current Tier III disability provisions apply to non-
sworn employees who, under PEPRA, become New Members of CCCERA. The
Union must support the legislation, in addition to the County, by calling and
sending a letter (on Union 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 Union must testify in support of the bill before the
state legislative committees considering the bill.
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SECTION 23 - SAFETY
SECTION 23 - SAFETY
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.
SECTION 24 - MILEAGE
Mileage allowance for the use of personal vehicles on County business shall be paid
according to the rates allowed by the Internal Revenue Service and shall be adjusted to
reflect changes in this rate on the date it becomes effective or the first of the month
following announcement of the changed rate by the Internal Revenue Service,
whichever is later.
SECTION 25 - PAY WARRANT ERRORS
If an employee receives a pay warrant which has an error in the amount of
compensation to be received and if this error occurred as a result of a mistake by the
Auditor-Controller's Department, it is the policy of the Auditor-Controller's department
that the error will be corrected and a new warrant issued within forty-eight (48) hours,
exclusive of Saturdays, Sundays and holidays from the time the department is made
aware of and verifies that the pay warrant is in error.
Pay errors discovered by the County found in employee pay shall be corrected as soon
as possible as to current pay rate but that no recovery of either overpayments or
underpayments to an employee shall be made retroactively except for the six (6) month
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, which will be no longer than three (3) times the
length of time the overpayment occurred, shall be determined.
If requested by the employee, an Association representative may be present at the
meeting with management to discuss a repayment schedule.
SECTION 26 - PROVISIONAL APPOINTMENT
Whenever an appointing authority makes a request for personnel to fill a position in a
class for which no reemployment or employment list is available, or in a class for which
no eligible or insufficient eligibles to complete the certification will accept appointment to
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SECTION 27 - PERSONNEL FILES
the position, the Director of Human Resources may authorize the appointing authority to
appoint any person who possesses the minimum qualifications for the class as set forth
in the class specifications, provided that the names of eligibles available and the names
of persons who have indicated their intention to take the next examination for the class
shall be referred to the appointing authority at the time authorization is issued.
In no case shall a permanent position be filled by a provisional appointment for a period
exceeding six (6) calendar months except under the following conditions:
a. If an examination has been announced for the class and recruitment of
applicants is in process, the Director of Human Resources may authorize a
continuation of provisional appointments until an eligible list is established.
b. In case of a provisional appointment to a permanent position vacated by a leave
of absence, such provisional appointment may be continued for the duration of
said leave.
A provisional appointment shall be terminated within thirty (30) days after the date of
certification of eligibles from an appropriate eligible list.
All decisions of the Director of Human Resources relative to provisional appointments
are final.
Before filling a position by a provisional appointment, the appointing authority shall post
notice and shall consider current qualified employees for the appointment. Only if there
are insufficient internal applicants to constitute a full certification may the appointing
authority consider applicants from outside County service.
SECTION 27 - PERSONNEL FILES
An employee shall have the right to inspect and review any official record(s) relating to
his or her performance as an employee or to a grievance concerning the employee
which is kept or maintained by the County in the employee's personnel file in the
Human Resources Department or in the employee's personnel file in their department.
The contents of such records shall be made available to the employee for inspection
and review at reasonable intervals during the regular business hours of the County.
The County shall provide an opportunity for the employee to respond in writing to any
information which is in the employee's personnel file about which he or she disagrees.
Such response shall become a permanent part of the employee's personnel record.
The employee shall be responsible for providing the written responses to be included as
part of the employee's official personnel file. 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.
All documents pertaining to disciplinary actions shall be placed in an official personnel
file maintained by the Human Resources Department or in an official personnel file
maintained by their department. Copies of written reprimands or memoranda pertaining
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SECTION 28 - SERVICE AWARDS
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. Copies of letters of commendation which are to be placed in
the employee's personnel file will be given to the employee. Employees have the right
to review their official personnel files which are maintained in the Human Resources
Department or by their department. In a case involving a grievance or disciplinary
action, the employee's designated representative may also review his or her personnel
file with specific written authorization from the employee.
The Association will be given a list of all types of personnel files maintained by the
Sheriff.
SECTION 28 - 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 29 - REIMBURSEMENT FOR MEAL EXPENSES & CHARGE FOR
DETENTION DIVISION MEALS
29.1 Reimbursement for Meal Expenses. Employees shall be reimbursed for meal
expenses under the following circumstances and in the amount specified:
a. When the employee is required to be out of his/her regular or normal work area
during a meal hour because of a particular work assignment and with prior
approval of the department head or his designee.
b. When the employee is required to stay over to attend consecutive or continuing
afternoon and night sessions of a board or commission.
c. When the employee is required to incur expenses as host for official guests of
the County, work as members of examining boards, official visitors, and
speakers or honored guests at banquets or other official functions.
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SECTION 30 - COMPENSATION FOR LOSS OR DAMAGE TO
PERSONAL PROPERTY
Meal costs will be reimbursed only when eaten away from home or away from
the facility in the case of employees at 24-hour institutions.
Procedures and definitions relative to reimbursement for meal expenses shall be
in accordance with the Administrative Bulletin on Expense Reimbursement.
29.2 Charge for Detention Division Meals. Personnel represented by the DSA and
permanently assigned to the Detention Division will have fifteen dollars ($15) per month
deducted from their pay checks in exchange for meals provided by the Department.
The employee may choose not to eat facility food. In that case no fees will be deducted.
SECTION 30 - COMPENSATION FOR LOSS OR DAMAGE TO PERSONAL
PROPERTY
30.1 Conditions. 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 an employee's dentures or other prosthetic devices did
not occur simultaneously with a job connected injury covered by Workers'
Compensation.
h. The amount of reimbursement shall be limited to the actual cost to repair
damages. Reimbursement 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.
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SECTION 31 - UNFAIR LABOR PRACTICE
j.Claims for reimbursement must be processed in accordance with the
Administrative Bulletin on Compensation for Loss or Damage to Personal
Property.
30.2 Policies & Practices. The employer will continue its present policies and
practices with regard to loss or damage to personal property. This MOU provision does
not constitute a waiver by the DSA or an affected employee to litigate in court the
legality of portions of the policies dealing with limiting reimbursement because of
alleged employee negligence or wrongdoing.
SECTION 31 - UNFAIR LABOR PRACTICE
Either the County or the Association may file an unfair labor practice as defined in
Chapter 34-22 of the Board of Supervisors Resolution 81/1165 against the other.
Allegations of an unfair labor practice, if not resolved in discussions between the
parties, shall be heard by a mutually agreed upon impartial third party.
SECTION 32 - LENGTH OF SERVICE DEFINITION (for service awards and vacation
accruals)
The length of service credits of each employee of the County shall date from the
beginning of the last period of continuous County employment (including temporary,
provisional, and permanent status, and absences on approved leave of absence).
When an employee separates from a permanent position in good standing and within
two (2) years is reemployed in a permanent County position, or is reemployed in a
permanent County position from a layoff list within the period of layoff eligibility, service
credits shall include all credits accumulated at time of separation, but shall not include
the period of separation. The Director of Human Resources shall determine these
matters based on the employee status records in the Human Resources Department.
SECTION 33 - UNIFORM ALLOWANCE/S.W.A.T. UNIFORM
33.1 Uniform Allowance. Effective January 1, 2007, employees eligible for the
uniform allowance will receive a total of eight hundred seventy two dollars ($872) per
year. Uniform allowance is paid for the purchase of uniforms and the cleaning and
maintenance of uniforms and equipment.
33.2 Uniform Allowance Method of Payment. Employees who are eligible for the
uniform allowance will receive such allowance included in their monthly pay warrants.
33.3 S.W.A.T. Uniform. The department shall provide all employees accepted into
S.W.A.T. with the necessary uniform and equipment.
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SECTION 34 - PEACE OFFICER TRAINING INCENTIVE PROGRAM
SECTION 34 - PEACE OFFICER TRAINING INCENTIVE PROGRAM
34.1 Management/Executive P.O.S.T. Certificate. Provisions of Section 17 - Peace
Officer Training of the County Salary Regulations are in effect for incumbents in the
classes of Captain and Sheriff’s Chief of Forensic Services as follows:
a. A permanent career incentive allowance of two and one-half percent (2.5%)
monthly base pay shall be awarded for the possession of a Management and/or
Executive P.O.S.T. Certificate and possession of an approved Baccalaureate
Degree.
b. A permanent career incentive allowance of five percent (5%) monthly base pay
shall be awarded for the possession of a Management and/or Executive
P.O.S.T. Certificate and possession of an approved Master's Degree.
34.2 Advanced P.O.S.T. Certificate. Provisions of Section 17 Peace Officer Training
of the County Salary Regulations are in effect for incumbents in the classes of
Lieutenant (6XHA), Administrative Lieutenant (6XHB) and Deputy Sheriff Forensic
Manager (6DGA) as follows:
a. A permanent career incentive allowance of two and one-half percent (2.5%)
monthly base pay shall be awarded for the possession of an Advanced P.O.S.T.
Certificate and possession of an approved Baccalaureate Degree. Effective April
1, 2002, Lieutenants will be eligible to receive an additional two and one-half
percent (2.5%) of monthly base pay for the possession of an Advanced P.O.S.T.
Certificate.
b. A permanent career incentive allowance of five percent (5%) monthly base pay
shall be awarded for the possession of an Advanced P.O.S.T. Certificate and
possession of an approved Master's Degree.
34.3 Intermediate P.O.S.T. Certificate. Effective January 1, 2014, permanent full-
time employees in the classifications of Lieutenant (6XHA), Administrative Lieutenant
(6XHB), and Captain (6XDA) in the Sheriff's Department will receive a career incentive
allowance of two and one-half percent (2.5%) of base pay per month for the possession
of a valid intermediate P.O.S.T. certificate.
SECTION 35 - CRITICAL INCIDENT
In the event the act or omission of a sworn officer causes the death or serious injury of
another person, the officer's Division Commander shall place the employee on
Administrative Leave (with pay) for the forty-eight (48) hours immediately following the
incident.
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SECTION 36 - ADOPTION
SECTION 36 - 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 37 - SCOPE OF AGREEMENT & SEVERABILITY OF PROVISIONS
37.1 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 Union 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.
37.2 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.
37.3 Personnel Management Regulations. Where a specific provision contained in a
section of this MOU conflicts with a specific provision contained in a section of the
Personnel Management Regulations, the provision of this MOU shall prevail. It is
recognized, however, that certain provisions of the Personnel Management Regulations
may be supplementary to the provisions of this MOU or deal with matters not within the
scope of representation and as such remain in full force and effect.
Contra Costa County:
(Signature / Printed Name)
37.4 Duration of Agreement. This Agreement shall continue in full force and effect
from July 1, 2016 to and including June 30, 2019.
Date:
Deputy Sheriffs’ Assn. (Management Unit):
(Signature / Printed Name)
/ /
/ /
/ /
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DEPUTY SHERIFFS’ ASSOCIATION
MANAGEMENT UNIT
ATTACHMENT
A. CLASS AND SALARY LISTING
Deputy Sheriff's Association
Management Unit
CLASS AND SALARY LISTING
Effective 7/1/2016
ATTACHMENT A
Job Code Class Title
Flex Staff
(F) / Deep
Class (D)From To
6XHB ADMINISTRATIVE LIEUTENANT $8,469.74 $10,552.41
6XDA CAPTAIN $9,982.79 $12,437.50
6DGA DEPUTY SHERIFF-FORENSIC MGR $8,952.64 $11,154.03
6XHA LIEUTENANT $8,469.74 $10,552.41
6DDB SHERIFF'S CHF OF FORENSIC SVCS $10,479.06 $13,055.81
Salary Range
All classes are designated as safety.
DEPUTY SHERIFFS’ ASSOCIATION
MANAGEMENT UNIT
SUBJECT INDEX
Accrual (Sick Leave) .................................................................................................... 24
Accrual During Leave Without Pay .............................................................................. 23
Administration of Sick Leave ........................................................................................ 26
Adoption ....................................................................................................................... 72
Advance Notice .............................................................................................................. 6
Advanced P.O.S.T. Certificate ..................................................................................... 71
Anniversary Dates .......................................................................................................... 8
Annual Management Administrative Leave .................................................................. 47
Appeal of Denial ........................................................................................................... 35
Assignment of Classes to Bargaining Units ................................................................... 6
Association Business ..................................................................................................... 4
Association Recognition ................................................................................................. 3
Association Representatives .......................................................................................... 7
Association Security ....................................................................................................... 4
Attendance at Meetings ................................................................................................. 7
Benefits & Allowances .................................................................................................. 48
Bilingual Pay Differential .............................................................................................. 47
CalPERS Health Plan Monthly Premium Subsidy ........................................................ 37
Cause for Disciplinary Action ....................................................................................... 56
Charge for Detention Division Meals ............................................................................ 69
Coerced Resignations .................................................................................................. 55
Communicating With Employees ................................................................................... 4
Compensation Complaints ........................................................................................... 59
Compensation for Loss or Damage to Personal Property ............................................ 69
Compensation for Portion of Month ............................................................................. 10
Competitive Exam ........................................................................................................ 54
Constructive Resignation ............................................................................................. 55
Contra Costa Health Plan (CCHP) ............................................................................... 37
Corrective Counseling System ..................................................................................... 60
Critical Incident ............................................................................................................. 71
Days and Hours of Work .............................................................................................. 14
Deferred Compensation ............................................................................................... 45
Deferred Compensation Plan – Loan Provision ........................................................... 46
Dental Plan ................................................................................................................... 38
Department Investigations ........................................................................................... 62
Dependent Care Assistance Program .......................................................................... 43
Differentials .................................................................................................................. 47
Disability ....................................................................................................................... 27
Dismissal, Suspension & Demotion ............................................................................. 56
Dual Coverage ............................................................................................................. 41
Dues Deduction .............................................................................................................. 4
Duration of Agreement ................................................................................................. 72
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Effective Resignation ................................................................................................... 55
Employee Assistance Program .................................................................................... 42
Entrance Salary .............................................................................................................. 8
Family Care or Medical Leave ...................................................................................... 31
General Wages .............................................................................................................. 7
General Administration – Leaves of Absence .............................................................. 30
General Terms & Conditions of Employment/Management Benefits ........................... 45
Group Health Plan Coverage ....................................................................................... 33
Health Benefits for Employees Not Otherwise Covered ............................................... 43
Health Care Spending Account .................................................................................... 42
Health Plan ................................................................................................................... 37
Holidays ....................................................................................................................... 20
Holidays Observed ....................................................................................................... 20
Incentives ..................................................................................................................... 45
Increments Within Range ............................................................................................... 9
Intermediate P.O.S.T Certificate .................................................................................. 71
Jury Duty ...................................................................................................................... 36
Labor/Management Committee .................................................................................... 62
Layoff During Probation ............................................................................................... 45
Leave of Absence ........................................................................................................ 30
Leave Without Pay ....................................................................................................... 30
Leave Without Pay – Use of Accruals .......................................................................... 34
Leaves & Pay for Time Not Worked ............................................................................. 47
Length of Service Definition (for service awards and vacation accruals) ..................... 70
Letters of Reprimand .................................................................................................... 60
Life Insurance Benefit Under Health and Dental Plans ................................................ 39
Life Insurance Contribution .......................................................................................... 39
Maintenance of Membership .......................................................................................... 4
Management Complaint Procedure ............................................................................. 58
Management/Executive P.O.S.T. Certificate ................................................................ 71
Medical, Dental & Life Insurance ................................................................................. 37
Merit Board ................................................................................................................... 60
Mileage ......................................................................................................................... 66
Military Leave ............................................................................................................... 34
No Discrimination ........................................................................................................... 6
Official Representatives ................................................................................................. 7
Officer of the Day Program .......................................................................................... 51
Open Exam .................................................................................................................. 54
Orthodontia Coverage .................................................................................................. 39
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Part-Time Compensation ............................................................................................... 9
Pay for Work in Higher Classification ........................................................................... 12
Pay Warrant Errors ...................................................................................................... 66
Peace Officer Training Incentive Program ................................................................... 71
Personnel Files ............................................................................................................ 67
Personnel Management Regulations ........................................................................... 72
Physical Examination ................................................................................................... 55
Position Reclassification .............................................................................................. 10
Pregnancy Disability Leave .......................................................................................... 33
Premium Payments ...................................................................................................... 40
Probationary Period ..................................................................................................... 88
Promotion ..................................................................................................................... 54
Promotion Via Reclassification Without Exam ............................................................. 54
Provisional Appointment .............................................................................................. 66
Reassignment of Laid Off Employees .......................................................................... 20
Recognition .................................................................................................................... 3
Reimbursement for Meal Expenses ............................................................................. 68
Rejection During Probation .......................................................................................... 44
Requirements for Promotional Standing ...................................................................... 54
Resignation in Good Standing ..................................................................................... 55
Resignations ................................................................................................................ 55
Retirement Contribution ............................................................................................... 62
Retirement Coverage ................................................................................................... 40
Return From Leave of Absence ................................................................................... 35
Revised Probationary Period ........................................................................................ 43
Revocation ................................................................................................................... 55
Safety ........................................................................................................................... 66
Salaries .......................................................................................................................... 7
Scope of Agreement .................................................................................................... 72
Seniority Credits ........................................................................................................... 54
Service Awards ............................................................................................................ 68
Severability of Provisions ............................................................................................. 72
Special Employment Lists ............................................................................................ 20
Sick Leave .................................................................................................................... 24
Skelly Requirements .................................................................................................... 57
Strike/Work Stoppage .................................................................................................. 60
S.W.A.T. Uniform ......................................................................................................... 70
Terms & Conditions of Employment ............................................................................. 51
Time Reporting and Pay Practices Waiver .................................................................. 53
Time Reporting/Time Stamping ................................................................................... 15
Transfer ........................................................................................................................ 12
Unauthorized Absence ................................................................................................. 36
Unfair Labor Practice ................................................................................................... 70
Uniform Allowance ....................................................................................................... 70
Union Release Time Bank - Limited Pilot Program ........................................................ 7
Use of County Buildings ................................................................................................. 5
DSA MGMT - iii - 2016-2019
Vacation Accrual Rates ................................................................................................ 23
Vacation Buy Back ....................................................................................................... 49
Vacation Leave ............................................................................................................ 22
W ithdrawal of Membership............................................................................................. 4
Witness Duty ................................................................................................................ 37
Workers’ Compensation ............................................................................................... 29
Workforce Reduction ................................................................................................... 16
DSA MGMT - iv - 2016-2019
MEMORANDUM OF
UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND
DEPUTY SHERIFFS’ ASSOCIATION
MANAGEMENT UNIT
JULY 1, 2016 – JUNE 30, 2019
DEPUTY SHERIFFS’ ASSOCIATION
MANAGEMENT UNIT
TABLE OF CONTENTS
SECTION 1 RECOGNITION
1.1 Association Recognition ............................................................... 3
1.2 Association Business .................................................................... 4
SECTION 2 ASSOCIATION SECURITY
2.1 Dues Deduction ............................................................................ 4
2.2 Maintenance of Membership ........................................................ 4
2.3 Withdrawal of Membership ........................................................... 4
2.4 Communicating With Employees .................................................. 4
2.5 Use of County Buildings ............................................................... 5
2.6 Advance Notice ............................................................................. 6
2.7 Assignment of Classes to Bargaining Units .................................. 6
SECTION 3 NO DISCRIMINATION .................................................................. 6
SECTION 4 OFFICIAL REPRESENTATIVES
4.1 Attendance at Meetings ................................................................ 7
4.2 Association Representatives ........................................................ 7
4.3 Union Release Time Bank - Limited Pilot Program....................... 7
SECTION 5 SALARIES
5.1 General Wages ............................................................................. 7
5.2 Entrance Salary ............................................................................ 8
5.3 Anniversary Dates ........................................................................ 8
5.4 Increments Within Range ............................................................. 9
5.5 Part-Time Compensation .............................................................. 9
5.6 Compensation for Portion of Month ............................................ 10
5.7 Position Reclassification ............................................................. 10
5.8 Salary Reallocation & Salary on Reallocation ............................. 10
5.9 Salary on Promotion ................................................................... 11
5.10 Salary on Involuntary Demotion .................................................. 11
5.11 Salary on Voluntary Demotion .................................................... 11
5.12 Transfer ...................................................................................... 12
5.13 Pay for Work in Higher Classification ......................................... 12
5.14 Payment ..................................................................................... 13
SECTION 6 DAYS AND HOURS OF WORK
6.1 Definitions ................................................................................... 14
6.2 Time Reporting/Time Stamping .................................................. 15
SECTION 7 SENIORITY, WORKFORCE REDUCTION,
LAYOFF & REASSIGNMENT
7.1 Workforce Reduction .................................................................. 16
7.2 Separation Through Layoff ......................................................... 17
7.3 Notice ......................................................................................... 20
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7.4 Special Employment Lists ........................................................... 20
7.5 Reassignment of Laid off Employees ......................................... 20
SECTION 8 HOLIDAYS
8.1 Holidays Observed ..................................................................... 20
8.2 Holiday is NOT Worked and Holiday
Falls on Scheduled Work Day .................................................... 21
8.3 Holiday is NOT Worked and Holiday
Falls on Scheduled Day Off ........................................................ 22
SECTION 9 VAC ATION LEAVE
9.1 Vacation Allowance .................................................................... 22
9.2 Vacation Accrual Rates .............................................................. 23
9.3 Accrual During Leave Without Pay ............................................. 23
9.4 Vacation Allowance for Separated Employees ........................... 23
9.5 Pro-rated Accruals ...................................................................... 23
9.6 Vacation Leave on Reemployment From a Layoff List ............... 23
SECTION 10 SICK LEAVE
10.1 Purpose ...................................................................................... 24
10.2 Accrual ........................................................................................ 24
10.3 Administration of Sick Leave ...................................................... 26
10.4 Disability ..................................................................................... 27
10.5 Workers’ Compensation ............................................................. 29
10.6 Accrual During Leave Without Pay ............................................. 30
SECTION 11 LEAVE OF ABSENCE
11.1 Leave Without Pay ..................................................................... 30
11.2 General Administration – Leaves of Absence ............................. 30
11.3 Family Care or Medical Leave .................................................... 31
11.4 Pregnancy Disability Leave ......................................................... 33
11.5 Group Health Plan Coverage ...................................................... 33
11.6 Leave Without Pay - Use of Accruals ......................................... 34
11.7 Military Leave .............................................................................. 34
11.8 Return From Leave of Absence .................................................. 35
11.9 Appeal of Denial ......................................................................... 35
11.10 Salary Review While on Leave of Absence ................................ 35
11.11 Unauthorized absence ................................................................ 36
SECTION 12 JURY DUTY AND WITNESS DUTY
12.1 Jury Duty ..................................................................................... 36
12.2 Witness Duty .............................................................................. 37
SECTION 13 MEDICAL, DENTAL AND LIFE INSURANCE
13.1 Health Plan ................................................................................. 37
13.2 Contra Costa Health Plan (CCHP).............................................. 37
13.3 CalPERS Health Plan Monthly Premium Subsidy ...................... 37
13.4 Dental Plan ................................................................................. 38
13.5 Dental Plan Contribution ............................................................. 38
13.6 Orthodontia Coverage ................................................................ 39
13.7 Rate Information ......................................................................... 39
DSA MGMT 2016-2019 ii
13.8 Life Insurance Benefit Under Health and Dental Plans .............. 39
13.9 Life Insurance Contribution ......................................................... 39
13.10 Premium Payments .................................................................... 40
13.11 Extended Coverage .................................................................... 40
13.12 Retirement Coverage .................................................................. 40
13.13 Dual Coverage ............................................................................ 41
13.14 Employee Assistance Program ................................................... 42
13.15 Health Care Spending Account .................................................. 42
13.16 Dependent Care Assistance Program ........................................ 43
13.17 Premium Conversion Plan .......................................................... 43
13.18 Prevailing Section ....................................................................... 43
13.19 Health Benefits for Employees Not Otherwise Covered ............. 43
SECTION 14 PROBATIONARY PERIOD
14.1 Revised Probationary Period ...................................................... 43
14.2 Criteria ........................................................................................ 43
14.3 Rejection During Probation ......................................................... 44
14.4 Regular Appointment .................................................................. 44
14.5 Layoff During Probation .............................................................. 45
SECTION 15 GENERAL TERMS & CONDITIONS OF
EMPLOYMENT/MANAGEMENT BENEFITS
15.1 Incentives.................................................................................... 45
15.2 Differentials ................................................................................. 47
15.3 Leaves & Pay for Time Not Worked ........................................... 47
15.4 Benefits & Allowances ................................................................ 48
15.5 Terms & Conditions of Employment ........................................... 51
15.6 Officer of the Day Program ......................................................... 51
15.7 Holiday is Not Worked by F-T Lieutenants who are
Assigned to the Officer of the Day Program ............................... 53
15.8 Holiday is WORKED by Lieutenants Who are
Assigned to the Officer Of the Day Program and
Holiday Falls on Scheduled Work Day ....................................... 53
15.9 Holiday is WORKED by Lieutenant Assigned to the Officer
of the Day Program and Holiday Falls on Scheduled Day Off .... 53
15.10 Time Reporting and Pay Practices Waiver ................................. 53
SECTION 16 PROMOTION
16.1 Competitive Exam ....................................................................... 54
16.2 Promotion Policy ......................................................................... 54
16.3 Open Exam ................................................................................. 54
16.4 Promotion Via Reclassification Without Exam ............................ 54
16.5 Requirements for Promotional Standing ..................................... 54
16.6 Seniority Credits ......................................................................... 54
16.7 Physical Examination .................................................................. 55
SECTION 17 RESIGNATIONS
17.1 Resignation in Good Standing .................................................... 55
17.2 Constructive Resignation ............................................................ 55
17.3 Effective Resignation .................................................................. 55
17.4 Revocation .................................................................................. 55
DSA MGMT 2016-2019 iii
17.5 Coerced Resignations ................................................................ 55
SECTION 18 DISMISSAL, SUSPENSION & DEMOTION
18.1 Cause for Disciplinary Action ...................................................... 56
18.2 Skelly Requirements - Notice of
Proposed Action (Skelly Notice) ................................................. 57
18.3 Employee Response ................................................................... 57
18.4 Leave Pending Employee Response .......................................... 58
18.5 Length of Suspension ................................................................. 58
18.6 Procedure on Dismissal, Suspension
or Disciplinary Demotion ............................................................. 58
SECTION 19 MANAGEMENT COMPLAINT PROCEDURE
19.1 Definition ..................................................................................... 58
19.2 Compensation Complaints .......................................................... 59
19.3 Strike/Work Stoppage ................................................................. 60
19.4 Merit Board ................................................................................. 60
19.5 Filing by Association ................................................................... 60
19.6 Letters of Reprimand .................................................................. 60
19.7 Corrective Counseling System .................................................... 60
SECTION 20 DEPARTMENT INVESTIGATIONS ............................................ 62
SECTION 21 LABOR/MANGAEMENT COMMITTEE ...................................... 62
SECTION 22 RETIREMENT CONTRIBUTION
22.1 Safety Retirement Tier Elections - Employees Hired
or Rehired Before January 1, 2013 ............................................. 62
22.2 Tier A - Thirty Years of Continuous
Service as a Safety Member ....................................................... 64
22.3 Safety Retirement Tier C - Employees Hired or Rehired
after December 31, 2006, but Before January 1, 2013 ............... 64
22.4 Safety Retirement Benefit - Sworn Employees who become
New Members of CCCERA on or after January 1, 2013 ............ 65
22.5 Retirement Benefit - Non-Sworn Employees who become
New Members of CCCERA on or after January 1, 2013 ............ 65
SECTION 23 SAFETY ...................................................................................... 66
SECTION 24 MILEAGE ................................................................................... 66
SECTION 25 PAY WARRANT ERRORS ......................................................... 66
SECTION 26 PROVISIONAL APPOINTMENT ................................................ 66
SECTION 27 PERSONNEL FILES .................................................................. 67
SECTION 28 SERVICE AWARDS ................................................................... 68
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SECTION 29 REIMBURSEMENT FOR MEAL EXPENSES &
CHARGE FOR DETENTION DIVISION MEALS
29.1 Reimbursement for Meal Expenses ............................................ 68
29.2 Charge for Detention Division Meals .......................................... 69
SECTION 30 COMPENSATION FOR LOSS OR DAMAGE
TO PERSONAL PROPERTY
30.1 Conditions ................................................................................... 69
30.2 Policies & Practices .................................................................... 70
SECTION 31 UNFAIR LABOR PRACTICE ...................................................... 70
SECTION 32 LENGTH OF SERVICE DEFINITION
(for service awards & vacation accruals) ............................... 70
SECTION 33 UNIFORM ALLOWANCE/S.W.A.T. UNIFORM
33.1 Uniform Allowance ...................................................................... 70
33.2 Uniform Allowance Method Of Payment ..................................... 70
33.3 S.W.A.T. Uniform........................................................................ 70
SECTION 34 PEACE OFFICER TRAINING INCENTIVE PROGRAM
34.1 Management/Executive P.O.S.T. Certificate .............................. 71
34.2 Advanced P.O.S.T. Certificate .................................................... 71
34.3 Intermediate P.O.S.T. Certificate ................................................ 71
SECTION 35 CRITICAL INCIDENT ................................................................. 71
SECTION 36 ADOPTION ................................................................................. 72
SECTION 37 SCOPE OF AGREEMENT & SEVERABILITY OF PROVISIONS
37.1 Scope of Agreement ................................................................... 72
37.2 Severability of Provisions ............................................................ 72
37.3 Personnel Management Regulations .......................................... 72
37.4 Duration of Agreement................................................................ 72
ATTACHMENT
DSA MGMT 2016-2019 v
MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND
DEPUTY SHERIFFS' ASSOCIATION
MANAGEMENT UNIT
This Memorandum of Understanding (MOU) is entered into pursuant to the authority
contained in Board of Supervisors Resolution 81/1165 and has been jointly prepared by
the parties.
The Employee Relations Officer (County Administrator) is the representative of Contra
Costa County in employer-employee relations matters as provided in Board of
Supervisors Resolution 81/1165, Section 34-8.012.
The parties have met and conferred in good faith regarding wages, hours and other
terms and conditions of employment for the employees in units in which the Association
is the recognized representative, have freely exchanged information, opinions and
proposals and have endeavored to reach agreement on all matters relating to the
employment conditions and employer-employee relations covering such employees.
This MOU shall be presented to the Contra Costa County Board of Supervisors as the
joint recommendations of the undersigned for salary and benefits for the term as set
forth herein.
DEFINITIONS
DEFINITIONS
Appointing Authority: Department Head unless otherwise provided by statute or
ordinance.
Association: Deputy Sheriffs' Association.
Class: A group of positions sufficiently similar with respect to the duties and
responsibilities that similar selection procedures and qualifications may apply and that
the same descriptive title may be used to designate each position allocated to the
group.
Class Title: The designation given to a class, to each position allocated to the class,
and to the employees allocated to the class.
County: Contra Costa County.
Demotion: The change of a permanent employee to another position in a class
allocated to a salary range for which the top step is lower than the top step of the class
which the employee formerly occupied except as provided for under "Transfer" or as
otherwise provided for in this MOU, in the Personnel Management Regulations, or in
specific resolutions governing deep classifications.
Director of Human Resources: The person designated by the County Administrator
to serve as the Assistant County Administrator-Director of Human Resources.
Eligible: Any person whose name is on an employment or reemployment or layoff list
for a given classification.
Employee: A person who is an incumbent of a position or who is on leave of absence
in accordance with provisions of this MOU and whose position is held pending his/her
return.
Employment List: A list of persons who have been found qualified for employment in
a specific class.
Layoff List: A list of persons who have occupied positions allocated to a class in the
Merit System and who have been involuntarily separated by layoff or displacement or
have voluntarily demoted in lieu of layoff.
Permanent-Intermittent Position: Any position which requires the services of an
incumbent for an indefinite period but on an intermittent basis, as needed, paid on an
hourly basis.
Permanent Part-Time Position: Any position which will require the services of an
incumbent for an indefinite period but on a regularly scheduled less than full time basis.
DSA MGMT UNIT - 2 - 2016 – 2019 MOU
SECTION 1 - RECOGNITION
Permanent Position: Any position which has required, or which will require the
services of an incumbent without interruption, for an indefinite period.
Project Employee: An employee who is engaged in a time limited program or service
by reason of limited or restricted funding. Such positions are typically funded from
outside sources but may be funded from County revenues.
Promotion: The change of a permanent employee to another position in a class
allocated to a salary range for which the top step is higher than the top step of the class
which the employee formerly occupied, except as provided for under "Transfer" or as
otherwise provided for in this MOU, in the Personnel Management Regulations, or in
specific resolutions governing deep classes.
Position: The assigned duties and responsibilities calling for the regular full time, part-
time or intermittent employment of a person.
Reallocation: The act of reassigning an individual position from one class to another
class at the same range of the salary schedule or to a class which is allocated to
another range that is within five (5) percent of the top step, except as otherwise
provided for in the Personnel Management Regulations, deep class resolutions or other
ordinances.
Reclassification: The act of changing the allocation of a position by raising it to a
higher class or reducing it to a lower class on the basis of significant changes in the
kind, difficulty or responsibility of duties performed in such position.
Reemployment List: A list of persons, who have occupied positions allocated to any
class in the merit system and, who have voluntarily separated and are qualified for
consideration for reappointment under the Personnel Management Regulations
governing reemployment.
Resignation: The voluntary termination of permanent service with the County from a
position in the merit system.
Temporary Employment: Any employment in the merit system which will require the
services of an incumbent for a limited period of time, paid on an hourly basis, not in an
allocated position or in permanent status.
Transfer: The change of an employee who has permanent status in a position to
another position in the same class in a different department, or to another position in a
class which is allocated to a range on the salary plan that is within five percent (5%) at
top step as the class previously occupied by the employee.
SECTION 1 - RECOGNITION
1.1 Association Recognition. The Association is the formally recognized employee
organization for the Deputy Sheriffs' Management Unit and such organization has been
DSA MGMT UNIT - 3 - 2016 – 2019 MOU
SECTION 2 - ASSOCIATION SECURITY
certified as such pursuant to Chapter 34-12 of Board of Supervisor's Resolution
81/1165 by Board Order dated September 21, 1993. Represented classes in this unit
are:
Captain (6XDA)
Sheriff’s Chief of Forensic Services (6DDB)
Lieutenant (6XHA)
Administrative Lieutenant (6XHB)
Deputy Sheriff Forensic Manager (6DGA)
1.2 Association Business. All elected members of the Board of the governing
body of the DSA and any general member having agendized business before the Board
requiring the member's personal appearance may be allowed to attend said Board
meeting during duty hours without any loss of pay or benefit, provided that at least
twenty-four (24) hour advance written request is made.
The supervisor of the member shall be empowered to grant release time, if the granting
of same would not require added costs (i.e., overtime or replacement by a temporary
employee). Operational impact will also be considered.
SECTION 2 - ASSOCIATION SECURITY
2.1 Dues Deduction. Pursuant to Chapter 34-26 of Resolution 81/1165 only a
majority representative may have dues deduction and as such the Association has the
exclusive privilege of dues deduction for all members in its unit.
2.2 Maintenance of Membership. All employees in units represented by the
Association who are currently paying dues to the Association and all employees in such
units who hereafter become members of the Association shall as a condition of
continued employment pay dues to the Association for the duration of this MOU and
each year thereafter so long as the Association continues to represent the position to
which the employee is assigned, unless the employee has exercised the option to
cease paying dues in accordance with Section 2.3.
2.3 Withdrawal of Membership. By notifying the Auditor-Controller's Department in
writing, between August 1 and August 31 of the agreed upon contract terms, any
employee may withdraw from Association membership and discontinue paying dues as
of the payroll period commencing September 1 of the current contract year,
discontinuance of dues payments to then be reflected in the October 10th paycheck of
the current contract year. Immediately upon the close of the above mentioned thirty (30)
day period the Auditor-Controller shall submit to the Association a list of the employees
who have rescinded their authorization for dues deduction.
2.4 Communicating With Employees. The Association shall be allowed to use
designated portions of bulletin boards or display areas in public portions of County
buildings or in public portions of offices in which there are employees represented by
the Association, provided the communications displayed have to do with official
DSA MGMT UNIT - 4 - 2016 – 2019 MOU
SECTION 2 - ASSOCIATION SECURITY
organization business such as times and places of meetings and further provided that
the Association appropriately posts and removes the information. The department head
reserves the right to remove objectionable materials after notification to and discussion
with the Association.
Representatives of the Association, not on County time, shall be permitted to place a
supply of employee literature at specific locations in County buildings if arranged
through the Labor Relations Manager; said representatives may distribute employee
organization literature in work areas (except work areas not open to the public) if the
nature of the literature and the proposed method of distribution are compatible with the
work environment and work in progress. Such placement and/or distribution shall not be
performed by on duty employees.
The Association shall be allowed access to work locations in which it represents
employees for the following purposes:
a.to post literature on bulletin boards;
b.to arrange for use of a meeting room;
c.to leave and/or distribute a supply of literature as indicated above;
d.to represent an employee on an appeal, and/or to contact an Association officer
on a matter within the scope of representation.
In the application of this provision, it is agreed and understood that in each such
instance advance arrangements including disclosure of which of the above purposes is
the reason for the visit, will be made with the departmental representative in charge of
the work area, and the visit will not interfere with County services.
2.5 Use of County Buildings. The Association shall be allowed the use of areas
normally used for meeting purposes for meetings of County employees during non-work
hours when:
a.Such space is available and its use by the Association is scheduled twenty-four
(24) hours in advance;
b.there is no additional cost to the County;
c.it does not interfere with normal County operations;
d.employees in attendance are not on duty and are not scheduled for duty;
e.the meetings are on matters within the scope of representation.
The administrative official responsible for the space shall establish and maintain
scheduling of such uses. The Association shall maintain proper order at the meeting,
and see that the space is left in a clean and orderly condition.
DSA MGMT UNIT - 5 - 2016 – 2019 MOU
SECTION 3 - NO DISCRIMINATION
The use of County equipment (other than items normally used in the conduct of
business meetings, such as desks, chairs, ashtrays, and blackboards) is prohibited,
even though it may be present in the meeting area.
2.6 Advance Notice. The Association shall, except in cases of emergency, have
the right to reasonable notice of any ordinance, rule, resolution or regulation directly
relating to matters within the scope of representation proposed to be adopted by the
Board, or boards and commissions designated by the Board, and to meet with the body
considering the matter.
The listing of an item on a public agenda, or the mailing of a copy of a proposal at least
seventy-two (72) hours before the item will be heard, or the delivery of a copy of the
proposal at least twenty-four (24) hours before the item will be heard, shall constitute
notice.
In cases of emergency when the Board, or boards and commissions designated by the
Board, determines it must act immediately without such notice or meeting, it shall give
notice and opportunity to meet as soon as practical after its action.
2.7 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 Labor Relations
Manager 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
determination.
b. Final Determination. This 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. The Labor Relations Manager shall meet
and confer with such requesting organizations (and with other recognized
employee organizations where appropriate) to seek agreement on this matter
within sixty (60) days after the ten-day period in Subsection (b), unless otherwise
mutually agreed. Thereafter, the procedures in cases of agreement and
disagreement, arbitration referral and expenses, and criteria for determination
shall conform to those in Subsections (d) through (I) of Section 34-12.008 of
Board of Supervisors' Resolution 81/1165.
SECTION 3 - NO DISCRIMINATION
There shall be no discrimination because of race, creed, color, national origin, sex,
sexual orientation or Association activities against any employee or applicant for
employment by the County or by anyone employed by the County; and to the extent
prohibited by applicable State and Federal law there shall be no discrimination because
DSA MGMT UNIT - 6 - 2016 – 2019 MOU
SECTION 4 - OFFICIAL REPRESENTATIVES
of age. There shall be no discrimination against any disabled person solely because of
such disability unless that disability prevents the person from meeting the minimum
standards established for a position or from carrying out the duties of the position
safely.
SECTION 4 - OFFICIAL REPRESENTATIVES
4.1 Attendance at Meetings. Employees designated as official representatives of
the Association shall be allowed to attend meetings held by County agencies during
regular working hours on County time as follows:
a. If their attendance is required by the County at a specific meeting;
b. if their attendance is sought by a hearing body for presentation of testimony or
other reasons;
c. if their attendance is required for meeting(s) scheduled at reasonable times
agreeable to all parties required to address appeals filed pursuant under Section
24 - Management Complaint Procedure of this MOU;
d. 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 or his designee, and the County
agency calling the meeting is responsible for determining that the attendance of
the particular employee(s) is required.
4.2 Association Representatives. Official representatives of the Deputy Sheriffs'
Management Unit 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
Labor Relations Manager 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 Manager, and that
advance arrangements for the time away from the work station or assignment are made
with the appropriate department head or his designee.
4.3 Union Release Time Bank – Limited Pilot Program. The parties agree to
continue negotiations to develop this limited pilot program for utilization by both the
Management Unit and Rank and File Units of the DSA.
SECTION 5 – SALARI ES
5.1 General Wages.
The base rate of pay for all classifications represented by the Deputy Sheriffs’
Association, Management Unit, will be increased as follows:
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SECTION 5 – SALARIES
A. Effective July 1, 2016, or the first of the month following adoption by the Board of
Supervisors, whichever comes later. 5.0%
B. Effective July 1, 2017 5.0%
C. Effective July 1, 2018 5.0%
D. Sixth Salary Step: Beginning January 1, 2008, (Sworn) classifications with five
(5) steps in the salary range shall be eligible for an additional salary step in the
amount of two and one-half percent (2.5%) upon meeting both of the following
two conditions: 1) Have a total of sixty (60) months of Contra Costa County
service in a sworn classification in the Office of the Sheriff and 2) Have eighteen
(18) months at the top step of a salary range in a classification listed in
Attachment A – Deputy Sheriff’s Management Unit (V#) Class Listing. Effective
January 1, 2017, the sixth salary step described in this paragraph will be
increased by two and one-half percent (2.5%) for a total additional step of five
percent (5%) and will remain subject to the same eligibility conditions.
E. Effective January 1, 2017, employees in classifications listed in Attachment A
who are not sworn and with at least five (5) steps in the salary range, will be
eligible for an additional salary step in the amount of two and one-half percent
(2.5%) upon meeting both of the following two conditions: 1) Have a total of sixty
(60) months of Contra Costa County service in the Office of the Sheriff, and 2)
Have eighteen (18) months at the top step of a salary range in a classification
listed in Attachment A.
5.2 Entrance Salary. New employees shall generally be appointed at the minimum
step of the salary range established for the particular class of position to which the
appointment is made. However, the appointing authority may fill a particular position at
a step above the minimum of the range.
5.3 Anniversary Dates. Except as may otherwise be provided for in deep class
resolutions, anniversary dates will be set as follows:
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 Section 5.3.a above.
c. Demotions. The anniversary of a demoted employee is the first day of the
calendar month after the calendar month when the demotion was effective.
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SECTION 5 – SALARIES
d. Transfers, Reallocations and Reclassifications. The anniversary date of an
employee who is transferred to another position or one whose position has been
reallocated or reclassified to a class allocated to the same salary range or to a
salary range which is within five percent (5%) of the top step of the previous
classification, remains unchanged.
e. Reemployments. The anniversary of an employee appointed from a
reemployment list to the first step of the applicable salary range and not required
to serve a probation period is determined in the same way as the anniversary
date is determined for a new employee who is appointed the same date,
classification and step and who then successfully completes the required
probationary period.
f. Notwithstanding other provisions of this Section 5, the anniversary of an
employee who is appointed to a classified position from outside the County's
merit system at a rate above the minimum salary for the employee's new class,
or who is transferred from another governmental entity to this County's merit
system, is one (1) year from the first day of the calendar month after the
calendar month when the employee was appointed or transferred; provided
however, when the appointment or transfer is effective on the employee's first
regularly scheduled work day of that month, his/her anniversary is one (1) year
after the first calendar day of that month.
5.4 Increments Within Range. The performance of each employee, except those
of employees already at the maximum salary step of the appropriate salary range, shall
be reviewed on the anniversary date as set forth in Section 5.3 to determine whether
the salary of the employee shall be advanced to the next higher step in the salary
range. Advancement shall be granted on the affirmative recommendation of the
appointing authority, based on satisfactory performance by the employee. The
appointing authority may recommend denial of the increment or denial subject to one
additional review at some specified date before the next anniversary which must be set
at the time the original report is returned.
Except as herein provided, increments within range shall not be granted more
frequently than once a year, nor shall more than one (1) step within-range increment be
granted at one time, except as otherwise provided in deep-class resolutions. In case an
appointing authority recommends denial of the within range increment on some
particular anniversary date, but recommends a special salary review at some date
before the next anniversary the special salary review shall not affect the regular salary
review on the next anniversary date. Nothing herein shall be construed to make the
granting of increments mandatory on the County. If the department verifies in writing
that an administrative or clerical error was made in failing to submit the documents
needed to advance an employee to the next salary step on the first of the month when
eligible, said advancement shall be made retroactive to the first of the month when
eligible.
5.5 Part-Time Compensation. A part-time employee shall be paid a monthly salary
in the same ratio to the full-time monthly rate to which the employee would be entitled
as a full-time employee under the provisions of this Section 5 as the number of hours
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SECTION 5 – SALARIES
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 paid at the
same step of the range as the employee received under the previous classification.
An incumbent of a position which is reclassified to a class which is allocated to a lower
range of the basic salary schedule shall continue to receive the same salary as before
the reclassification, but if such salary is greater than the maximum of the range of the
class to which the position has been reclassified, the salary of the incumbent shall be
reduced to the maximum salary for the new classification. The salary of an incumbent
of a position which is reclassified to a class which is allocated to a range of the basic
salary schedule greater than the range of the class of the position before it was
reclassified shall be governed by the provisions of Section 5.9 - Salary on Promotion.
5.8 Salary Reallocation & Salary on Reallocation.
A. In a general salary increase or decrease, an employee in a class which is
allocated to a salary range above or below that to which it was previously
allocated, when the number of steps remain the same, shall be compensated at
the same step in the new salary range the employee was receiving in the range
to which the class was previously allocated. If the reallocation is from one salary
range with more steps to a range with fewer steps or vice versa, the employee
shall be compensated at the step on the new range which is in the same
percentage ratio to the top step of the new range as was the salary received
before reallocation to the top step of the old range, but in no case shall any
employee be compensated at less than the first step of the range to which the
class is allocated.
B. In the event that a classification is reallocated from a salary range with more
steps to a salary range with fewer steps on the salary schedule, apart from the
general salary increase or decrease described in 5.8.A above, each incumbent
of a position in the reallocated class shall be placed upon the step of the new
range which equals the rate of pay received before the reallocation. In the event
that the steps in the new range do not contain the same rates as the old range,
each incumbent shall be placed at the step of the new range which is next above
the salary rate received in the old range, or if the new range does not contain a
higher step, at the step which is next lower than the salary received in the old
range.
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SECTION 5 – SALARIES
C. In the event an employee is in a position which is reallocated to a different class
which is allocated to a salary range the same as, above or below the salary
range of the employee's previous class, the incumbent shall be placed at the
step in the new class which equals the rate of pay received before reallocation.
In the event that the steps in the range for the new class do not contain the same
rates as the range for the old class, the incumbent shall be placed at the step of
the new range which is next above the salary rate received in the old range; or if
the new range does not contain a higher step, the incumbent shall be placed at
the step which is next lower than the salary received in the old range.
D. In the event of reallocation to a deep class, the provisions of the deep class
resolution and incumbent salary allocations, if any, shall supersede Section 5.8.
5.9 Salary on Promotion. Any employee who is appointed to a position of a class
allocated to a higher salary range than the class previously occupied, except as
provided under Section 5.12 shall receive the salary in the new salary range which is
next higher than the rate received before promotion. In the event this increase is less
than five percent (5%), the employee's 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.
In the event of the promotion of a laid off employee from the layoff list to the class from
which the employee was laid off, the employee shall be appointed at the step which the
employee had formerly attained in the higher class unless such step results in an
increase of less than five percent (5%), in which case the salary shall be adjusted to the
step in the new range which is five percent (5%) greater than the next higher step, if the
new range permits such adjustment.
5.10 Salary on Involuntary Demotion. Any employee who is demoted, except as
provided under Section 5.12, shall have his/her salary reduced to the monthly salary
step in the range for the class of position to which he has been demoted next lower
than the salary received before demotion. In the event this decrease is less than five
percent (5%), the employee's salary shall be adjusted to the step in the new range
which is five percent (5%) less than the next lower step; provided, however, that the
next step shall not be less than the minimum salary for the lower class.
Whenever the demotion is the result of layoff, cancellation of positions or displacement
by another employee with greater seniority rights, the salary of the demoted employee
shall be that step on the salary range which he/she would have achieved had he/she
been continuously in the position to which he/she has been demoted, all within-range
increments having been granted.
5.11 Salary on Voluntary Demotion. Whenever any employee voluntarily demotes
to a position in a class having a salary schedule lower than that of the class from which
he 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.
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SECTION 5 – SALARIES
5.12 Transfer. An employee who is transferred from one position to another as
described under "Transfer" shall be placed at the step in the salary range of the new
class which equals the rate of pay received before the transfer. In the event that the
steps in the range for the new class do not contain the same rates as the range for the
old class, the employee shall be placed at the step of the new range which is next
above the salary rate received in the old range; or if the new range does not contain a
higher step, the employee shall be placed at the step which is next lower than the
salary received in the old range. If the transfer is to a deep class, the provisions of the
deep class resolution on salary of transfers, if any, shall apply in lieu of the above
provisions.
5.13 Pay for Work in Higher Classification. When an employee in a permanent
position in the merit system is required to work in a classification for which the
compensation is greater than that to which the employee is regularly assigned, the
employee shall receive compensation for such work at the rate of pay established for
the higher classification pursuant to Section 5.9 - Salary on Promotion of this MOU,
commencing on the eleventh (11th) work day of the assignment, under the following
conditions:
a. The employee is assigned to a program, service, or activity established by the
Board of Supervisors which is reflected in an authorized position which has been
classified and assigned to the Salary Schedule.
b. The nature of the departmental assignment is such that the employee in the
lower classification becomes fully responsible for the duties of the position of the
higher classification.
c. Employee selected for the assignment will normally be expected to meet the
minimum qualifications for the higher classification.
d. Pay for work in a higher classification shall not be utilized as a substitute for
regular promotional procedures provided in this MOU.
e. The appropriate authorization form has been submitted by the Department Head
and approved by the County Administrator.
f. Higher pay assignments shall not exceed six (6) months except through
reauthorization.
g. If approval is granted for pay for work in a higher classification and the
assignment is terminated and later reapproved for the same employee within
thirty (30) days no additional waiting period will be required.
h. Any incentives and special differentials accruing to the employee in his/her
permanent position shall continue unless the employee is no longer performing
the duties which warrant the differentials.
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SECTION 5 – SALARIES
i. 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.
j. 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.
5.14 Payment. On the tenth (10th) day of each month, the Auditor will draw a warrant
upon the Treasurer in favor of each employee for the amount of salary due the
employee for the preceding month; provided, however, that each employee (except
those paid on an hourly rate) may choose to receive an advance on the employee's
monthly salary, in which case the Auditor shall, on the twenty-fifth (25th) day of each
month, draw his/her warrant upon the Treasurer in favor of such employee.
The advance shall be in an amount equal to one-third (1/3) or less (at the option of the
employee) of the employee's basic salary of the previous month except that it shall not
exceed the amount of the previous month's basic salary less all requested or required
deductions.
The election to receive an advance shall be made on or before April 30 or October 31
of each year or during the first month of employment by filing on forms prepared by the
Auditor-Controller a notice of election to receive salary advance.
Each election shall become effective on the first day of the month following the deadline
for filing the notice and shall remain effective until revoked.
In the case of an election made pursuant to this Section 5.14, all required or requested
deductions from salary shall be taken from the second installment, which is payable on
the tenth (10th) day of the following month.
Direct Deposit Provisions. No later than July 1, 2002, all employees shall voluntarily
authorize and make arrangements for the direct deposit of their paychecks via
electronic fund transfer into the financial institution of their choice using forms approved
by the Auditor-Controller and subject to Labor Code section 213. Employees will have
their payroll advice statements mailed to their address on file with the County.
As a condition of continued employment, all employees hired into classifications
represented by the DSA on or after July 1, 2002, shall voluntarily authorize and make
arrangements for the direct deposit of their paychecks via electronic fund transfer into
the financial institution of their choice using forms approved by the Auditor-Controller,
subject to Labor Code section 213.
Pursuant to Labor Code section 213, an individual employee having provided consent
for direct deposit as outlined above, may choose to opt out of direct deposit at a later
date. Individual employees that opt-out of direct deposit will have their pay warrant
mailed to their address on file with the County under regular County payroll procedures.
Direct Mailing of Pay Warrant and Pay Warrant Advice. The County shall distribute pay
warrants and/or pay warrant advices via United States mail. Pay warrant and pay
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SECTION 6 - DAYS AND HOURS OF WORK
warrant advices shall be mailed directly to each employee’s address on file with the
County subject to the following:
a. If an employee has not received his/her pay warrant or pay warrant advice five
(5) calendar days following the mailing of said warrant or advice, and upon
request of the employee, the County shall issue a replacement pay warrant or
pay warrant advice within twenty-four (24) hours of receiving the employee’s
request for a replacement.
b. Payroll errors shall be corrected as follows:
1. Errors of two hundred dollars ($200) gross or more will be corrected within
five (5) working days.
2. Errors amounting to less than two hundred dollars ($200) gross, shall be
adjusted the next pay period.
3. The hardship requirement will no longer apply to payroll corrections.
4. Request for payroll corrections shall be forwarded by the Department, not
by the employee, to the Auditor’s Payroll Division.
5. Payroll adjustments would be by a paper check as opposed to an
electronic transfer.
6. Items 1 through 5 above notwithstanding, the provisions of Section 25 –
Pay Warrant Errors of the current DSA MOU remain in force and effect.
c. There shall be no fee to employees for the processing of pay warrants and/or
pay warrant advices, or for the correction of payroll errors.
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. Alternate Work Schedule: An alternate work schedule is any work schedule
where an employee is regularly scheduled to work five (5) days per week, but the
employee’s regularly scheduled two (2) days off are NOT Saturday and Sunday.
C. Flexible Work Schedule: A flexible work schedule is any schedule that is not a
regular, alternate, 4/10, 9/80, or Coroner’s Bureau “Living in Positions” work
schedule and where the employee is not scheduled to work more than 40 hours
in the work week or 171 hours in the work period as defined in Subsection H.
and I., below.
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SECTION 6 - DAYS AND HOURS OF WORK
D. 4/10 Work Schedule: A 4/10 work schedule is four (4) ten hour days in a seven
(7) day period, for a total of forty (40) hours per week.
E. 9/80 Work Schedule: A 9/80 work schedule is where an employee works a
recurring schedule of thirty-six (36) hours in one calendar week and forty-four
(44) hours in the next calendar week, but only forty (40) hours in the designated
workweek. In the thirty-six (36) hour calendar week, the employee works four (4)
nine (9) hour days and has the same day of the week off that is worked for eight
(8) hours in the forty-four (44) hour calendar week. In the forty-four (44) hour
calendar week, the employee works four (4) nine (9) hour days and one (1) eight
(8) hour day.
F. Coroner’s Division “Living-In Positions” Work Schedule: The work schedule
for employees in the Coroner's Division filling "living-in positions" consists of
three (3) twenty-four (24) hour shifts during a nine (9) calendar day period. The
general order of the work shifts is as follows: 24-hour on duty; 24-hour off duty;
24-hour on duty; 24-hour off duty; 24-hour on duty; followed by four (4)
consecutive days off.
G. Workweek for Employees on Regular, Flexible, Alternate, and 4/10 Work
Schedules: For employees on regular, alternate, flexible, and 4/10 work
schedules, the workweek begins at 12:01 a.m. on Monday and ends at 12
midnight on Sunday.
H. Workweek for Employees on a 9/80 Work Schedule: The 9/80 workweek
begins on the same day of the week as the employee’s eight (8) hour work day
and regularly scheduled 9/80 day off. The start time of the workweek is four (4)
hours and one (1) minute after the start time of the eight (8) hour workday. The
end time of the workweek is four (4) hours after the eight (8) hour workday start
time. The result is a workweek that is a fixed and regularly recurring period of
seven (7) consecutive twenty-four (24) hour periods (168 hours).
I. Work Period for Sworn Employees: For sworn employees in classifications
listed in Attachment A of the DSA Management Unit (V#), the work period is
between seven and 28 consecutive days long.
6.2 Time Reporting/Time Stamping:
Permanent Intermittent (hourly) employees must timestamp in and out as they
begin their work shifts, finish their work shifts, and take meal periods. Salaried
employees will report time off and time worked for special pays on the electronic
timecard.
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SECTION 7 - SENIORITY, WORKFORCE REDUCTION, LAYOFF &
REASSIGNMENT
SECTION 7 - SENIORITY, WORKFORCE REDUCTION, LAYOFF &
REASSIGNMENT
7.1 Workforce Reduction. In the event that funding reductions or shortfalls in
funding occur in a department or are expected, which may result in layoffs, the
department will notify the Association and take the following actions:
a. Identify the classification(s) in which position reductions may be required due to
funding reductions or shortfalls.
b. Advise employees in those classifications that position reductions may occur in
their classifications.
c. Accept voluntary leaves of absence from employees in those classifications
which do not appear to be potentially impacted by possible position reductions
when such leaves can be accommodated by the department.
d. Approve requests for reduction in hours, lateral transfers, and voluntary
demotions to vacant, funded positions in classes not scheduled for layoffs within
the department, as well as to other departments not experiencing funding
reductions or shortfalls when it is a viable operational alternative for the
department(s).
e. Review various alternatives which will help mitigate the impact of the layoff by
working through the Tactical Employment Team program (TET) to:
1. Maintain an employee skills inventory bank to be used as a basis for
referrals to other employment opportunities.
2. Determine if there are other positions to which employees may be
transferred.
3. Refer interested persons to vacancies which occur in other job classes for
which they qualify and can use their layoff eligibility.
4. Establish workshops to aid laid off employees in areas such as resume
preparation, alternate career counseling, job search strategy, and
interviewing skills.
f. When it appears to the Department Head and/or Labor Relations Manager that
the Board of Supervisors may take action which will result in the layoff of
employees in a representation unit, the Labor Relations Manager shall notify the
Association of the possibility of such layoffs and shall meet and confer with the
Association regarding the implementation of the action.
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SECTION 7 - SENIORITY, WORKFORCE REDUCTION, LAYOFF &
REASSIGNMENT
7.2 Separation Through Layoff
A. Grounds for Layoff. Any employee(s) having permanent status in position(s) in
the merit service may be laid off when the position is no longer necessary, or for
reasons of economy, lack of work, lack of funds or for such other reason(s) as
the Board of Supervisors deems sufficient for abolishing the position(s).
B. Order of Layoff. The order of layoff in a department shall be based on inverse
seniority in the class of positions, the employee in that department with least
seniority being laid off first and so on.
C. Layoff By Displacement.
1. In the Same Class. A laid off permanent full time employee may displace
an employee in the department having less seniority in the same class
who occupies a permanent-intermittent or permanent part-time position,
the least senior employee being displaced first.
2. In the Same Level or Lower Class. A laid off or displaced employee who
had achieved permanent status in a class at the same or lower salary
level as determined by the salary schedule in effect at the time of layoff
may displace within the department and in the class of an employee
having less seniority; the least senior employee being displaced first, and
so on with senior displaced employees displacing junior employees.
D. Particular Rules on Displacing.
1. Permanent-intermittent and permanent part-time employees may displace
only employees holding permanent positions of the same type respec-
tively.
2. A permanent full time employee may displace any intermittent or part-time
employee with less seniority 1) in the same class or, 2) in a class of the
same or lower salary level if no full time employee in a class at the same
or lower salary level has less seniority than the displacing employees.
3. Former permanent full time employees who have voluntarily become
permanent part-time employees for the purpose of reducing the impact of
a proposed layoff with the written approval of the Director of Human
Resources or designee retain their permanent full time employee seniority
rights for layoff purposes only and may in a later layoff displace a full time
employee with less seniority as provided in these rules.
E. Seniority. An employee's seniority within a class for layoff and displacement
purposes shall be determined by adding the employee's length of service in the
particular class in question to the employee's length of service in other classes at
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SECTION 7 - SENIORITY, WORKFORCE REDUCTION, LAYOFF &
REASSIGNMENT
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
other classes which have been included in the deep class.
Service for layoff and displacement purposes includes only the employee's last
continuous permanent County employment. Periods of separation may not be
bridged to extend such service unless the separation is a result of layoff in which
case bridging will be authorized if the employee is reemployed in a permanent
position within the period of layoff eligibility.
Approved leaves of absence as provided for in these rules and regulations shall
not constitute a period of separation. In the event of ties in seniority rights in the
particular class in question, such ties shall be broken by length of last continuous
permanent County employment. If there remain ties in seniority rights, such ties
shall be broken by counting total time in the department in permanent
employment. Any remaining ties shall be broken by random selection among the
employees involved.
F. Eligibility for Layoff List. Whenever any person who has permanent status is laid
off, has been displaced, has been demoted by displacement or has voluntarily
demoted in lieu of layoff or displacement, or has transferred in lieu of layoff or
displacement, the person's name shall be placed on the layoff list for the class of
positions from which that person has been removed.
G. Order of Names on Layoff. First, layoff lists shall contain the names of persons
laid off, displaced, or demoted as a result of a layoff or displacement, or who
have voluntarily demoted in lieu of layoff or displacement or who have
transferred in lieu of layoff or displacement. Names shall be listed in order of
layoff seniority in the class from which laid off, displaced, demoted or transferred
on the date of layoff, the most senior person listed first. In case of ties in
seniority, the seniority rules shall apply except that where there is a class
seniority tie between persons laid off from different departments, the tie(s) shall
be broken by length of last continuous permanent County employment with
remaining ties broken by random selection among the employees involved.
H. Duration of Layoff and Reemployment Rights. The name of any person granted
reemployment privileges shall continue on the appropriate list for a period of two
(2) years. Persons placed on layoff lists shall continue on the appropriate list for
a period of two (2) years.
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SECTION 7 - SENIORITY, WORKFORCE REDUCTION, LAYOFF &
REASSIGNMENT
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 who transferred in lieu of layoff or displacement. When a
request for personnel is received from the appointing authority of a department
from which an eligible(s) was laid off, the appointing authority shall receive and
appoint the eligible highest on the layoff list from the department. When a
request for personnel is received from a department from which an eligible(s)
was not laid off, the appointing authority shall receive and appoint the eligible
highest on the layoff list who shall be subject to a probationary period. A person
employed from a layoff list shall be appointed at the same step of the salary
range the employee held on the day of layoff.
J. Removal of Names from Reemployment & Layoff Lists. The Director of Human
Resources may remove the name of any eligible from a reemployment or layoff
list for any reason listed below:
1. For any cause stipulated in Section 404.1 of the Personnel Management
Regulations.
2. On evidence that the eligible cannot be located by postal authorities.
3. On receipt of a statement from the appointing authority or eligible that the
eligible declines certification or indicates no further desire for appointment
in the class.
4. If three (3) offers of permanent appointment to the class for which the
eligible list was established have been declined by the eligible.
5. If the eligible fails to respond to the Director of Human Resources or the
appointing authority within ten (10) days to written notice of 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.
7. However, if the first permanent appointment of a person on a layoff list is
to a lower class which has a top step salary lower than the top step of the
class from which the person was laid off, the name of the person shall not
be removed from the layoff list. Any subsequent appointment of such
person from the layoff list shall result in removal of that person's name.
K. Removal of Names from Reemployment and Layoff Certifications. The Director
of Human Resources may remove the name of any eligible from a reemployment
or layoff certification if the eligible fails to respond within five (5) days to a written
notice of certification mailed to the person's last known address.
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SECTION 8 - HOLIDAYS
7.3 Notice. The County agrees to give employees scheduled for layoff at least ten
(10) work days notice prior to their last day of employment.
7.4 Special Employment Lists. The County will establish a TET Employment Pool
which will include the names of all laid off County employees. Special employment lists
for job classes may be established from the pool. Persons placed on a special
employment list must meet the minimum qualifications for the class. An appointment
from such a list will not affect the individual's status on a layoff list(s).
7.5 Reassignment of Laid Off Employees. Employees who displaced within the
same classification from full time to part-time or intermittent status in a layoff, or who
voluntarily reduced their work hours to reduce the impact of layoff, or who accepted a
position of another status than that from which they were laid off upon referral from the
layoff list, may request reassignment back to their pre-layoff status (full time or part-time
or increased hours). The request must be in writing in accord with each department's
reassignment bid or selection process. Employees will be advised of the reassignment
procedure to be followed to obtain reassignment back to their former status at the time
of the workforce reduction. The most senior laid off employee in this status who
requests such a reassignment will be selected for the vacancy; except when a more
senior laid off individual remains on the layoff list and has not been appointed back to
the class from which laid off, a referral from the layoff list will be made to fill the
vacancy.
SECTION 8 - HOLIDAYS
8.1 Holidays Observed. The County will observe the following holidays:
A. January 1st, known as New Year's Day
Third Monday in January, known as
Dr. M. L. King, Jr. Day
Third Monday in February, known as President's 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
Fourth Thursday in November, known as Thanksgiving Day
Friday after Thanksgiving Day
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.
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For employees who work in twenty-four (24) hour facilities and are assigned to rotating
shifts, any holiday that falls on a Saturday will be observed on a Saturday, and any
holiday that falls on a Sunday will be observed on a Sunday.
B. Each full-time employee will accrue two (2) hours of personal holiday credit per
month. Such personal holiday time may be taken in one (1) minute increments,
and preference of personal holidays will be given to employees according to their
seniority in their department as reasonably as possible. No employee may
accrue more than forty (40) hours of personal holiday credit. On separation from
County service, an employee will be paid for any unused personal holiday credits
at the employee’s then current pay rate.
8.2 Holiday is NOT Worked and Holiday Falls on Scheduled Work Day
A. Holiday Observed – Full-time Employees: Full-time employees are entitled to
observe a holiday (eight (8) hours off), without a reduction in pay, whenever a
holiday is observed by the County.
B. Holiday Observed in Excess of Eight (8) hours – Full-time Employees:
When a holiday falls on a full-time employee’s scheduled workday, the employee
is entitled to only eight (8) hours off without a reduction in pay. If the workday is
a nine (9) hour day, the employee must use one (1) hour of non-sick leave
accruals. If the workday is a ten (10) hour day, the employee must use two (2)
hours of non-sick leave accruals. If the workday is a twelve (12) hour day, the
employee must use four (4) hours of non-sick leave accruals. If the employee
does not have any non-sick leave accrual balances, leave without pay (AWOP)
will be authorized.
C. Holiday Observed- Part-time Employees: Whenever a holiday is observed by
the County, a part-time employee is entitled to observe the holiday (hours off) in
the same ratio as his/her number of position hours bears to forty (40) hours,
multiplied by eight (8) hours, without a reduction in pay. For example, a part-
time employee whose position hours are 24 hours per week is entitled to 4.8
hours off work on a holiday (24/40 multiplied by 8 = 4.8). Hereinafter, the
number hours produced by this calculation will be referred to as the “part-time
employee’s holiday hours.”
D. Holiday Observed in Excess of Eight (8) hours - Part-time Employees:
When a holiday falls on a part-time employee’s scheduled workday, the
employee is entitled to only the “part-time employee’s holiday hours” off without a
reduction in pay. For example, if the workday is a six (6) hour day and the
employee is a 24/40 hour employee entitled to 4.8 hours off without a reduction
of pay in recognition of the holiday, the employee must use 1.2 hours of non-sick
leave accruals. If the employee does not have any non-sick leave accrual
balances, leave without pay (AWOP) will be authorized.
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SECTION 9 - VACATION LEAVE
8.3 Holiday is NOT Worked and Holiday Falls on Scheduled Day Off
A. Full-Time Employee: When a holiday is observed by the County on the
scheduled day off of a full-time employee, the employee is
entitled to take eight (8) hours off, without a reduction in pay, in recognition of the
holiday.
1. Employee Works on his/her Next Scheduled Work Day Following the
Holiday: When a full time employee works on his/her next scheduled
work day following the holiday, the employee is entitled to receive his/her
regular salary.
2. Employee does NOT work on his/her Next Scheduled Work Day
Following the Holiday: When a full time employee does NOT work on
his/her next scheduled work day following the holiday, the employee is
entitled to the day off, without a reduction in pay, in recognition of his/her
regularly scheduled day off.
3. The County retains the right to decide whether an employee will work or
not work on the next scheduled work day following a holiday.
B. Part-Time Employee: When a holiday is observed by the County on the
scheduled day off of a part-time employee, in recognition of the holiday the
employee is entitled to take the amount of “part-time employee’s holiday hours”
off without a reduction in pay.
1. Employee Works on his/her Next Scheduled Work Day Following the
Holiday: When a part-time employee works on his/her next scheduled
work day following the holiday, the employee is entitled to receive his/her
regular salary.
2. Employee does NOT work on his/her Next Scheduled Work Day
Following the Holiday: When a part-time employee does NOT work on
his/her next scheduled work day following the holiday, the employee is
entitled to take the amount of “part-time employee’s holiday hours” off
without a reduction in pay in recognition of his/her regularly scheduled day
off.
3. The County retains the right to decide whether an employee will work or
not work on the next scheduled work day following a holiday.
SECTION 9 - VACATION LEAVE
9.1 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
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calculated on the same basis as for partial month compensation pursuant to Section
5.5 of this MOU.
Vacation credits may be taken in one (1) minute increments and may not be rounded.
Vacation 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.
9.2 Vacation Accrual Rates. All employees shall accrue vacation credit as follows:
Monthly Maximum
Accrual Cumulative
Length of Service Hours Hours
Under 11 years 10 240
11 years 10-2/3 256
12 years 11-1/3 272
13 years 12 288
14 years 12-2/3 304
15 through 19 years 13-1/3 320
20 through 24 years 16-2/3 400
25 through 29 years 20 480
30 years and up 23-1/3 560
9.3 Accrual During Leave Without Pay. No employee who has been granted a
leave without pay 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.
Exception: Employees on unpaid military leave shall accrue vacation credits.
9.4 Vacation Allowance for Separated Employees. On separation from County
service, an employee shall be paid for any unused vacation credits at the employee's
then current pay rate.
9.5 Pro-rated Accruals. Employees in permanent part-time and permanent-
intermittent positions shall accrue vacation benefits on a prorated basis as provided in
Resolution 81/1165, Section 32-2.006.
9.6 Vacation Leave on Reemployment From a Layoff List. Employees with six
months or more service in a permanent position prior to their layoff who are employed
from a layoff list, shall be considered as having completed six months tenure in a
permanent position for the purpose of vacation leave. The appointing authority or
designee will advise the Auditor-Controller's Payroll Unit in each case where such
vacation is authorized so that appropriate payroll system override actions can be taken.
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SECTION 10 - SICK LEAVE
SECTION 10 - SICK LEAVE
10.1 Purpose. The purpose of paid sick leave is to insure employees against loss of
pay for temporary absences from work due to illness or injury. Sick leave may be used
only as authorized; it is not paid time off which employees may use for personal
activities.
10.2 Accrual. 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 (1)
minute increments and may not be rounded. Unused sick leave credits accumulate
from year to year. When an employee is separated, other than through retirement,
accumulated sick leave credits shall be cancelled, unless the separation results from
layoff in which case the accumulated credits shall be restored if the employee is
reemployed in a permanent position within the period of his layoff eligibility.
Upon retirement, an employee's accumulated sick leave shall be converted to
retirement time on the basis of one (1) day of retirement service credit for each day of
accumulated sick leave credit.
Accumulated paid sick leave credits may be used, subject to appointing authority
approval, by an employee in pay status, but only in the following instances:
a. An employee may use paid sick leave credits when the employee is off work
because of a temporary illness or injury.
b. 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 conditions listed below. For the purposes of this
Section 10, permanent disability shall mean the employee suffers from a
disabling physical injury or illness and is thereby prevented from engaging in any
County occupation for which he or she is qualified by reason of education,
training or experience. Sick leave credits may be used under this provision only
when the following requirements are met:
1. An application for retirement due to disability has been filed with the
Retirement Board; and
2. Satisfactory medical evidence of such disability is received by the
appointing authority within thirty (30) days of the start of use of sick leave
for permanent disability. The appointing authority may review medical
evidence and order further examination as he deems necessary, and may
terminate use of sick leave when such further examination demonstrates
that the employee is not disabled, or when the appointing authority
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determines that the medical evidence submitted by the employee is
insufficient, or where the above conditions have not been met.
c. Communicable Disease. An employee may use paid sick leave credits while
under a physician's orders to remain secluded due to exposure to a
communicable disease.
d. Sick Leave Utilization for Pregnancy Disability. Every female employee shall be
entitled to at least four (4) months leave of absence on account of pregnancy
disability and to use available sick leave or vacation pay entitlements during such
leave.
1. Application for such leave must be made by the employee to the
appointing authority accompanied by a written statement of disability from
the employee's attending physician. The statement must address itself to
the employee's general physical condition having considered the nature of
the work performed by the employee, and it must indicate the date of the
commencement of the disability as well as the date the physician
anticipates the disability to terminate. The appointing authority retains the
right to medical review of all requests for such leave.
2. If a female employee does not apply for sick leave and the appointing
authority believes that the employee is not able to properly perform her
work or that her general health is impaired due to disability caused or
contributed to by pregnancy, miscarriage, abortion, childbirth or recovery
therefrom, the employee shall be required to undergo a physical
examination by a physician selected by the County, and the cost of such
examination shall be borne by the County. Should the medical report so
recommend, a mandatory leave shall be imposed upon the employee for
the duration of the disability.
3. If all accrued sick leave has been utilized by the employee the employee
shall be considered on leave without pay. 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
date of the employee's recovery from such disability.
e. Medical & Dental Appointments. An employee may use paid sick leave credits
for medical and dental appointments as follows:
1. For working time used in keeping medical and dental appointments for the
employee's own care; and
2. For working time (not over forty (40) hours in each fiscal year) used by an
employee for pre-scheduled medical and dental appointments for an
immediate family member living in the employee's home and for children
and parents who may reside outside of the employee's home. Such use of
sick leave credits shall be accounted for by the department on a fiscal
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year basis. Any balance of the forty (40) hours remaining at the end of the
fiscal year shall not be carried over to the next year; departments shall
notify the employee if the maximum allowance is reached. Authorization to
use sick leave for this purpose is contingent on availability of accumulated
sick leave credits; it is not an additional allotment of sick leave which
employees may charge.
f. Emergency Care of Family. An employee may use paid sick leave for working
time used in cases of illness, or injury to, an immediate family member living in
the employee's home, or for children and parents who may reside outside of the
employee's home.
g. Death of Family Member. An employee may use said sick leave credits for
absence from work because of a death in the employee's immediate family, but
this shall not exceed three (3) working days plus up to two (2) days of work time
for necessary travel.
h. Definition of Immediate Family. For the purposes of this Section 10 the
immediate family shall be restricted to the spouse, son, stepson, daughter,
stepdaughter, father, stepfather, mother, stepmother, brother, sister,
grandparent, grandchild, aunt, uncle, father-in-law, mother-in-law, son-in-law,
daughter-in-law, brother-in-law, sister-in-law or domestic partner of an employee.
10.3 Administration of Sick Leave. Accumulated paid sick leave credits may not be
used in the following situations:
a. Self-inflicted Injury. For time off from work for an employee's illness or injury
caused by his or her willful misconduct.
b. Vacation. For an employee's illness or injury while the employee is on vacation
except when extenuating circumstances exist and the appointing authority
approves.
c. Not in Pay Status. When the employee would otherwise be eligible to use paid
sick leave credits but is not in a pay status.
The proper administration of sick leave is a responsibility of the employee and the
department head. Employees are responsible for notifying their respective division of an
absence as early as possible prior to the commencement of their work shift and in
accordance with divisional operational requirements. Notification shall include the
reason and possible duration of the absence. Employees are responsible for keeping
their department informed of their continuing condition and probable date of return to
work. Employees are responsible for obtaining advance approval from their appointing
authority or designee for the schedule time of prearranged personal or family medical
and dental appointments.
The use of sick leave may be denied if these procedures are not followed. Abuse of
sick leave on the part of the employee is cause for disciplinary action. To ascertain the
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propriety of claims against sick leave, the department head may make such
investigations as he deems necessary including medical verification of illness.
10.4 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 l937. An appointing authority after giving notice may place an
employee on leave if the appointing authority has filed an application for disability
retirement for the employee, or whom the appointing authority believes to be
temporarily or permanently physically or mentally incapacitated for the
performance of the employees’ duties.
B. An appointing authority who has reasonable cause to believe that there are
physical or mental health conditions present in an employee which endanger the
health or safety of the employee, other employees, or the public, or which impair
the employee's performance of duty, may order the employee to undergo at
County expense and on the employee's paid time, a physical, medical and/or
psychiatric examination by a licensed physician or psychologist and receive a
report of the findings on such examination. If the examining physician or
psychologist recommends that treatment for physical or mental health problems,
including leave, are in the best interests of the employee or the County in relation
to the employee overcoming any disability and/or performing his or her duties the
appointing authority may direct the employee to take such leave and/or undergo
such treatment.
C. Leave due to temporary or permanent disability shall be without prejudice to the
employee's right to use sick leave, vacation, or any other benefit to which the
employee is entitled other than regular salary. The 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 (2) 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 or
psychologist, and may consider a report of the findings on such examination. If
the report shows that such employee is physically or mentally incapacitated for
the performance of duty, the appointing authority may take such action as he
deems necessary in accordance with appropriate provisions of this MOU.
E. Before an employee is placed on an unpaid leave of absence or suspended
because of physical or mental incapacity under (A) or (B) above, the employee
shall be given notice of the proposed leave of absence or suspension by letter or
memorandum, delivered personally or by certified mail, containing the following:
1. a statement of the leave of absence or suspension proposed;
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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 certified mail, effective either upon personal
delivery or deposit in the U.S. Postal Service.
I. An employee who is placed on leave or suspended under this section may,
within ten (10) calendar days after personal delivery or mailing to the employee
of the order, appeal the order in writing through the Director of Human
Resources to the Merit Board. Alternatively, the employee may file a written
election with the Director of Human Resources waiving the employee's right to
appeal to the Merit Board in favor of appeal to a Disability Review Arbitrator.
J. In the event of an appeal either to the Merit Board or the Disability Review
Arbitrator, the employee has the burden of proof to show that either:
1. the physical or mental health condition cited by the appointing authority
does not exist, or
2. the physical or mental health condition does exist, but it is not sufficient to
prevent, preclude, or impair the employee's 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.
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L. If the appeal is to a Disability Review Arbitrator, the employee (and his
representative) will meet with the County's representative to mutually select the
Disability Review Arbitrator, who may be a de facto arbitrator, or a physician, or a
rehabilitation specialist, or some other recognized specialist mutually selected by
the parties. The arbitrator shall hear and review the evidence. The decision of
the Disability Review Arbitrator shall be binding on both the County and the
employee. The scope of the Arbitrator's review shall be restricted as follows:
1. Scope of the Arbitrator's Review.
a. The arbitrator may affirm, modify or revoke the leave of absence or
suspension.
b. The arbitrator may make his decision based only on evidence
submitted by the County and the employee.
c. The arbitrator may order back pay or paid sick leave credits for any
period of leave of absence or suspension if the leave or suspension
is found not to be sustainable, subject to the employee's duty to
mitigate damages.
d. The arbitrator's fees and expenses shall be paid one-half by the
County and one-half by the employee or employee's Association.
10.5 Workers' Compensation.
A. State Labor Code 4850 Pay. Law enforcement officers as defined in State Labor
Code 4850 who are members of the Contra Costa County Retirement System
continue to receive full salary benefits in lieu of temporary disability during any
absence from work which qualifies for Workers' Compensation benefits.
Currently, the maximum 4850 pay is one (1) year for any injury or illness. To be
eligible for this benefit the employee must be under the care of a physician. All
4850 pay shall be approved by the County Administrator's Office, Risk
Management Division.
B. Sick Leave and Vacation. Sick leave and vacation shall accrue in accordance
with the provision of State Labor Code 4850.
C. 4850 Pay Beyond One Year. If an injured employee remains eligible for
Workers' Compensation temporary disability benefits beyond one (1) year, full
salary will continue by integrating sick leave and/or vacation accruals with
Workers' Compensation benefits (use of vacation accruals must be approved by
the department and the employee). If salary integration is no longer available
because accruals are exhausted, Workers' Compensation benefits will be paid
directly to the employee as prescribed by Workers' Compensation laws.
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D. Rehabilitation Integration. An injured employee who is eligible for Workers'
Compensation rehabilitation temporary disability benefits and who has
exhausted 4850 pay eligibility will continue to receive full salary by integrating
sick leave and/or vacation accruals with Workers' Compensation rehabilitation
temporary disability benefits. When these accruals are exhausted, the
rehabilitation temporary disability benefits will be paid directly to the employee as
prescribed by Workers' Compensation laws.
E. Health Insurance. The County contribution to the employee's group insurance
plan(s) continues during the 4850 pay period and during integration of sick leave
or vacation with Workers' Compensation benefits.
F. Integration Formula. 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/day (in hrs.)
W = Statutory Workers' Compensation per mo.
S = Monthly salary
10.6 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.
SECTION 11 - LEAVE OF ABSENCE
11.1 Leave Without Pay. Any employee who has permanent status in the classified
service may be granted a leave of absence without pay upon written request, approved
by the appointing authority; provided, however, that leaves for pregnancy, pregnancy
disability, serious health conditions, and family care shall be granted in accordance with
applicable state and federal law.
11.2 General Administration - Leaves of Absence. Requests for leave without pay
shall be made upon forms prescribed by the Director of Human Resources and shall
state specifically the reason for the request, the date when it is desired to begin the
leave and the probable date of return.
A. Leave without pay may be granted for up to one (1) year for any of the following
reasons:
1. Illness, disability, or serious health condition;
2. pregnancy or pregnancy disability;
3. family care;
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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 should request a leave of absence at least thirty (30) days before
the leave is to begin if the need for the leave is foreseeable. If the need is not
foreseeable, the employee must provide written notice to the employer within five
(5) days of learning of the event by which the need for a leave of absence arises.
C. An appointing authority may extend such leave for additional periods. The
procedure in granting extensions shall be the same as that in granting the
original leave, provided that the request for extension must be made not later
than thirty (30) calendar days before the expiration of the original leave.
11.3 Family Care or Medical Leave.
A. Definitions. For medical and family care leaves of absence under Section 15,
the following definitions apply:
1. Child: A biological, adopted, or foster child, stepchild, legal ward,
conservatee, or a child who is under eighteen (18) years of age for whom
an employee stands in loco parentis or for whom the employee is the
guardian or conservator, or an adult dependent child of the employee.
2. Parent: A biological, foster, or adoptive parent, a stepparent, legal
guardian, conservator, or other person standing in loco parentis to a child.
3. Spouse: A partner in marriage as defined in Family Code Section 297.
4. Domestic Partner: As defined in Family Code Section 297.
5. Serious Health Condition: An illness, injury, impairment, or physical or
mental condition which involves either inpatient care in a hospital, hospice
or residential health care facility or continuing treatment or continuing
supervision by a health care provider (e.g. physician or surgeon) and
which, for family care leave only, warrants the participation of a family
member to provide care during a period of treatment or supervision, as
defined by state and federal law.
6. Certification for Family Care Leave: A written communication to the
employer from a health care provider of a person for whose care the leave
is being taken which need not identify the serious health condition
involved, but shall contain:
a. the date, if known, on which the serious health condition
commenced;
b. the probable duration of the condition;
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c. an estimate of the amount of time which the employee needs to
render care or supervision;
d. a statement that the serious health condition warrants the
participation of a family member to provide care during period of
treatment or supervision;
e. if for intermittent leave or a reduced work schedule leave, the
certification should indicate that the intermittent leave or reduced
work schedule leave is necessary for the care of the individual or
will assist in their recovery, and its expected duration.
7. Certification for Medical Leave: A written communication from a health
care provider of an employee with a serious health condition or illness to
the employer, which need not identify the serious health condition
involved, but shall contain:
a. the date, if known, on which the serious health condition
commenced;
b. the probable duration of the condition;
c. a statement that the employee is unable to perform the functions of
the employee's job;
d. if for intermittent leave or a reduced work schedule leave, the
certification should indicate the medical necessity for the
intermittent leave or reduced work schedule leave and its expected
duration.
8. Comparable Positions: A position with the same or similar duties and pay
which can be performed at the same or similar geographic location as the
position held prior to the leave. Ordinarily, the job assignment will be the
same duties in the same program area located in the same city, although
specific clients, caseload, co-workers, supervisor(s), or other staffing may
have changed during an employee's leave.
B. Section 11.2 notwithstanding, any employee who has permanent status, been
employed by the County for at least twelve (12) months and who have worked at
least 1250 hours in the previous 12 month period shall upon request to the
appointing authority, for a leave of absence due to the employee’s serious health
condition or for family care (FMLA) shall be granted to an employee who
requests it for up to twelve (12) weeks during a rolling twelve (12) month period
(measured backward from the date an employee uses any FMLA leave) in
accordance with the following provisions:
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Example: An employee takes time away from work due to the birth of their child
in May. The leave period lasts twelve (12) weeks. In November, they are
scheduled for surgery. Their leave request in November cannot be counted
towards FMLA because they have already utilized their twelve (12) week
entitlement during their leave in May.
1. medical leave of absence for the employee's own serious health condition
which makes the employee unable to perform the functions of the
employee's position; or
2. family care leave of absence without pay for reason of the birth of a child
of the employee, the placement of a child with an employee in connection
with the adoption or foster care of the child by the employee, or the
serious illness or health condition of a child, parent, spouse, or domestic
partner of the employee.
The employee may be asked to provide certification of the need for family
care leave or medical leave. Additional period(s) of family care or medical
leave may be granted by the appointing authority.
Notwithstanding the above, the Sheriff may in his/her discretion, on a case by case
basis, waive the 1250 hour requirement.
C. Intermittent Use of Leave. The twelve (12) week entitlement may be in broken
periods, intermittently on a regular or irregular basis, or may include reduced
work schedules depending on the specific circumstances and situations
surrounding the request for leave. The twelve (12) weeks may include use of
appropriate available paid leave accruals when accruals are used to maintain
pay status, but use of such accruals is not required beyond that specified in
Section 11.6.B below. When paid leave accruals are used for a medical or family
care leave, such time shall be counted as a part of the twelve (12) week
entitlement.
D. Use for Spouse. In the situation where husband and wife are both employed by
the County, the family care or medical leave entitlement based on the birth,
adoption or foster care of a child is twelve (12) weeks each during each calendar
year period.
11.4 Pregnancy Disability Leave. Insofar as pregnancy disability leave is used
under Section 10.2.D - Sick Leave Utilization for Pregnancy Disability, that time
will not be considered a part of the twelve (12) week family care leave period.
11.5 Group Health Plan Coverage.
A. During Leave of Absence. Employees who were members of one of the group
health plans prior to commencement of their leave of absence can maintain their
health plan coverage with the County contribution by maintaining their
employment in pay status as described in Section 11.6. In order to maintain such
coverage, employees are required to pay timely the full employee contribution to
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maintain their group health plan coverage, either through payroll deduction or by
paying the County directly.
B. During Medical or Family Care Leave. During the twelve (12) weeks of an
approved medical or family care leave under Section 11.3 above, the County will
continue its contribution for such health plan coverage even if accruals are not
available for use to maintain pay status as required under Section 11.6. In order
to maintain such coverage, employees are required to pay timely the full
employee contribution to maintain their group health plan coverage, either
through payroll deduction or by paying the County directly.
11.6 Leave Without Pay - Use of Accruals.
A. All Leaves of Absence. During the first twelve (12) month period of any leave of
absence without pay, an employee may elect to maintain pay status each month
by using at least 0.1 hour of available sick leave (if so entitled under Section 10 -
Sick Leave), vacation, floating holiday, compensatory time off or other accruals
or entitlements; in other words, during the first twelve (12) months, a leave of
absence without pay may be broken into segments and accruals used on a
monthly basis at the employee's discretion. After the first twelve (12) months, the
leave period may not be broken into segments and accruals may not be used,
except when required by SDI/Sick Leave Integration.
B. Family Care or Medical Leave (FMLA). During the twelve (12) weeks of an
approved medical or family care leave, if a portion of that leave will be on a leave
of absence without pay, the employee will be required to use at least 0.1 hour of
sick leave (if so entitled under Section 10 - Sick Leave), vacation, floating
holiday, compensatory time off or other accruals or entitlements if such are
available, although use of additional accruals is permitted under subsection A
above.
C. Sick leave accruals may not be used during any leave of absence, except as
allowed under Section 10 - Sick Leave.
11.7 Military Leave. Any employee who is required to serve as a member of the
State Militia or the United States Army, Navy, Air Force, Marine Corps, Coast Guard or
any division thereof shall be granted a military leave for the period of such service, plus
ninety (90) days. An employee who volunteers for such service shall be granted a leave
of absence if necessary in accordance with applicable state or federal laws. Upon the
termination of such service or upon honorable discharge, the employee shall be entitled
to return to his/her position in the classified service provided such still exists and the
employee is otherwise qualified, without any loss of standing of any kind whatsoever.
An employee who has been granted a military leave shall not, by reason of such
absence, suffer any loss of vacation, holiday, or sick leave privileges which may be
accrued at the time of such leave, nor shall the employee be prejudiced thereby with
reference to salary adjustments or continuation of employment. For purposes of
determining eligibility for salary adjustments or seniority in case of layoff or promotional
examination, time on military leave shall be considered as time in County service.
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SECTION 11 - LEAVE OF ABSENCE
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.
11.8 Return From Leave of Absence.
A. Early Return. Whenever an employee who has been granted a leave without
pay desires to return before the expiration of such leave, the employee shall
submit a request to the appointing authority in writing at least fifteen (15) days in
advance of the proposed early return provided, however, that less notification
may be approved at the discretion of the appointing authority or his/her
designee. Early return is subject to prior approval by the appointing authority.
The Human Resources Department shall be notified promptly of such return.
B. Leave of Absence Reinstatement. Any permanent employee who requests
reinstatement to the classification held by the employee in the same department
at the time the employee was granted a leave of absence, shall be reinstated to
a position in that classification and department and then only on the basis of
seniority.
C. Leave of Absence Replacement. In case of severance from service or
displacement by reason of the reinstatement of a permanent employee returning
from a leave of absence, the provisions of Section 7 - Seniority, Workforce
Reduction, Layoff, & Reassignment shall apply.
D. Reinstatement From Family Care or Medical Leave of Absence. In the case of a
family care or medical leave, an employee on a 5/40 schedule shall be reinstated
to the same or comparable position if the return to work is after no more than
ninety (90) work days of leave from the initial date of a continuous leave,
including use of accruals, or within the equivalent on an alternate work schedule.
A full time employee taking an intermittent or reduced work schedule leave shall
be reinstated to the same or comparable position if the return to work on a full
schedule is after no more than 720 hours, including use of accruals, of
intermittent or reduced work schedule leave. At the time the original leave is
approved, the appointing authority shall notify the employee in writing of the final
date to return to work, or the maximum number of hours of leave, in order to
guarantee reinstatement to the same or comparable position. An employee on a
schedule other than 5/40 shall have the time frame for reinstatement to the same
or comparable position adjusted on a pro rata basis.
11.9 Appeal of Denial. The decision of the appointing authority on granting or
denying leave or early return from leave shall be subject to appeal to the Director of
Human Resources and not subject to appeal through the grievance procedure set forth
in this MOU.
11.10 Salary Review While on Leave of Absence. The salary of an employee who is
on leave of absence from a County position on any anniversary date and who has not
been absent from the position on leave without pay more than six (6) months during the
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SECTION 12 - JURY DUTY AND WITNESS DUTY
preceding year shall receive salary increments that may accrue to them during the
period of military leave.
11.11 Unauthorized Absence. An unauthorized absence from the work site or failure
to report for duty after a leave request has been disapproved, revoked, or canceled by
the appointing authority, or at the expiration of a leave shall be without pay. Such
absence may also be grounds for disciplinary action.
SECTION 12 - JURY DUTY AND WITNESS DUTY
12.1 Jury Duty. For purposes of this Section, jury duty shall be defined as any time
an employee is obligated to report to the court.
When called for jury duty, County employees, like other citizens, are expected to
discharge their jury duty responsibilities.
Employees shall advise their department as soon as possible if scheduled to appear for
jury duty.
If summoned for jury duty in a Municipal, Superior, or Federal Court, or a Coroners jury,
employees may remain in their regular County pay status, or they may take paid leave
(vacation, floating holiday, etc.) or leave without pay and retain all fees and expenses
paid to them.
When an employee is summoned for jury duty selection or is selected as a juror in a
Municipal, Superior or Federal Court, employees may remain in a regular pay status if
they waive all fees (other than mileage), regardless of shift assignment and the
following shall apply:
a. If an employee elects to remain in a regular pay status and waive or surrender all
fees (other than mileage), the employee shall obtain from the Clerk or Jury
Commissioner a certificate indicating the days attended and noting that fees
other than mileage are waived or surrendered. The employee shall furnish the
certificate to his department where it will be retained as a department record. No
Absence/Overtime Record is required.
b. An employee who elects to retain all fees must take leave (vacation, floating
holiday, etc.) or leave without pay. No court certificate is required but an
Absence/Overtime Record must be submitted to the department payroll clerk.
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.
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.
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SECTION 13 - MEDICAL, DENTAL AND LIFE INSURANCE
When an employee is required to serve on jury duty, the County will adjust that
employee's work schedule to coincide with a Monday to Friday schedule for the
remainder of their service, unless the employee requests otherwise. Participants in
9/80 or 4/10 work schedules will not receive overtime or compensatory time credit for
jury duty on their scheduled days off.
Permanent-intermittent employees are entitled to paid jury duty leave only for those
days on which they were previously scheduled to work.
12.2 Witness Duty. Employees called upon as a witness or an expert witness in a
case arising in the course of their work or the work of another department may remain
in their regular pay status and turn over to the County all fees and expenses paid to
them other than mileage allowance or they may take vacation leave or leave without
pay and retain all fees and expenses.
Employees called to serve as witnesses in private cases or personal matters (e.g.,
accident suits and family relations) shall take vacation leave or leave without pay and
retain all witness fees paid to them.
Retention or waiver of fees shall be governed by the same provisions as apply to jury
duty as set forth in Section 16.1 above.
Employees shall advise their department as soon as possible if scheduled to appear for
witness duty. Permanent intermittent employees are entitled to paid witness duty only
for those days on which they were previously scheduled to work.
SECTION 13 - MEDICAL, DENTAL AND LIFE INSURANCE
13.1 Health Plan. The County will provide group health benefits through the
California Public Employees’ Retirement System (CalPERS) for all permanent full-time
employees, and permanent part-time employees regularly scheduled to work at least
twenty (20) hours per week in classes represented by DSA. The CalPERS health care
program, as regulated by the Public Employees’ Medical and Hospital Care Act
(PEMHCA), regulations issued pursuant to PEMHCA, and the administration of
PEMHCA by CalPERS, controls on all health plan issues for employees who receive
health care coverage from CalPERS, including, but not limited to, eligibility, benefit
plans, benefit levels, minimum premium subsidies, and costs.
13.2 Contra Costa Health Plan (CCHP). Because CCHP has met the minimum
standards required under PEMHCA and is approved as an alternative CalPERS plan
option, DSA members and COBRA counterparts may elect to enroll in CCHP under the
CalPERS plan rules and regulations.
13.3 CalPERS Health Plan Monthly Premium Subsidy. The County’s subsidy to
the CalPERS monthly health plan premiums is as provided below. The employee must
pay any CalPERS health plan premium costs that are greater than the County’s subsidy
identified in Section 13.3(A).
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SECTION 13 - MEDICAL, DENTAL AND LIFE INSURANCE
A. County Premium Subsidy On and After January 1, 2012. Beginning on
January 1, 2012, the amount of the County premium subsidy that is paid for
employees and eligible family members will be as follows:
1. Health Plans
Employee/Retiree/Survivor Only $ 528.18
Employee/Retiree/Survivor & One
Dependent $1,056.36
Employee/Retiree/Survivor
& Two or more Dependents $1,373.27
B. County Premium Subsidy On and After January 1, 2013. Beginning on
January 1, 2013, the County will pay the monthly premium subsidy amounts for
employees and eligible family members that are stated in section A (1) above. In
addition, if there is an increase in the Kaiser Bay Area premium for calendar year
2013, the County will pay seventy-five percent (75%) of that increase, and the
employees will pay twenty-five percent (25%) of that increase.
C. County Premium Subsidy On and After January 1, 2014. For the plan year
that begins on January 1, 2014, the County will pay a monthly premium subsidy
for each health plan that is equal to the actual dollar monthly premium subsidy
that is paid by the County as of November 30, 2013. In addition, if there is an
increase in the monthly premium charged by a health plan for 2014, the County
and the employee will each pay fifty percent (50%) of that increase. For each
calendar year thereafter, the County and the employee will each pay fifty percent
(50%) of the monthly premium increase above the 2013 plan premium.
D. Effective January 1, 2014, in the first calendar year that a new health plan is
offered, the County monthly premium subsidy will be equal to the corresponding
Kaiser monthly premium in the CalPERS region for that health plan. For each
calendar year thereafter, the County and the employee will each pay fifty percent
(50%) of the monthly premium increase that is above the plan premium for the
first year of the new plan.
E. In the event, in whole or in part, that the above County premium subsidy
amounts are greater than one hundred percent (100%) of the applicable
premium of any plan, for any plan year, the County’s contribution will not exceed
one hundred percent (100%) of the applicable plan premium.
13.4 Dental Plan. The County may, during the term of this MOU, change dental care
providers, so long as the level of benefits provided is not reduced.
13.5 Dental Plan Contribution. The County’s contribution to the monthly dental plan
premiums shall be as provided below. These contributions are provided only for
permanent full-time and permanent part-time employees regularly scheduled to work at
least twenty (20) hours per week. Permanent-intermittent and permanent part-time
employees working less than twenty (20) hour per week may enroll in a dental plan but
are not entitled to the County’s contribution. Any increases in dental plan costs greater
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SECTION 13 - MEDICAL, DENTAL AND LIFE INSURANCE
than the County’s contributions identified below during the duration of this M.O.U. shall
be borne by the employee:
a. Delta, and PMI Delta Care: County will contribute seventy-seven percent (77%)
toward the monthly dental premium. Beginning on January 1, 2014, the County
will pay a monthly dental premium subsidy for each dental plan that is equal to
the actual dollar monthly premium subsidy that is paid by the County for 2013. If
there is an increase in the premium charged by a dental plan for 2014, the
County and the employee will each pay fifty percent (50%) of the increase. For
each calendar year thereafter, the County and the employee will each pay fifty
percent (50%) of the premium increase that is above the 2013 plan premium.
b. Dental Only: Employees who elect dental coverage as stated above without
health coverage will pay one cent ($.01) per month for such coverage.
Beginning on January 1, 2014, the County will pay a monthly dental premium
subsidy for each dental plan that is equal to the actual dollar monthly premium
subsidy that is paid by the County for 2013. If there is an increase in the
premium charged by a dental plan for 2014, the County and the employee will
each pay fifty percent (50%) of the increase. For each calendar year thereafter,
the County and the employee will each pay fifty percent (50%) of the premium
increase that is above the 2013 plan premium.
13.6 Orthodontia Coverage. The County will continue to offer Orthodontia coverage
to all permanent employees in classes represented by the DSA who participate in a
County dental plan. The cost for orthodontia coverage is borne 100% by each enrolled
employee. Premium payments are made by payroll deduction or direct pay, as
applicable.
13.7 Rate Information. The County Benefits Service Unit will make dental plan rate
information and, to the extent possible, CalPERS health plan rate information available
to employees and departments upon request. In addition, the County Benefits Service
Unit will publish and distribute to employees and departments information about rate
changes as they occur during the year.
13.8 Life Insurance Benefit Under Health and Dental Plans. For permanent
employees who are enrolled in a County sponsored health or dental plan as either the
primary insured or a dependent, term life insurance in the amount of ten thousand
dollars ($10,000) will be provided by the County.
13.9 Life Insurance Contribution. The County will pay the entire premium on behalf
of permanent full-time and permanent part-time employees regularly scheduled to work
at least twenty (20) hours per week who elect health and/or dental coverage.
Permanent-intermittent and permanent part-time employees working less than twenty
(20) hours per week may participate in the Life Insurance Plan at their full personal
expense, which shall not exceed the County’s cost, provided they elect health and/or
dental coverage.
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SECTION 13 - MEDICAL, DENTAL AND LIFE INSURANCE
13.10 Premium Payments. Employee participation in any medical, dental, or life
insurance plan is contingent upon the employee authorizing payroll deduction by the
County of the employee’s share of the premium cost. The County's contribution to
health plan and dental plan monthly premiums are payable as follows:
A. CalPERS Plan (Includes Alternate CCHP Plan). The County's contribution to the
health plan premium is payable one (1) month in advance. If an employee’s
compensation in any month is not sufficient to pay the employee share of the
premium, the employee must make up the difference by remitting the amount
delinquent to the County. The responsibility for this payment rests solely with the
employee.
B. Dental and Life Insurance Plans. The County's contribution to the dental and life
insurance premium (as described in Sections 13.5 and 13.9) is payable monthly.
If an employee’s compensation in any month is not sufficient to pay the
employee share of the premium, the employee must make up the difference by
remitting the amount delinquent to the County. The responsibility for this
payment rests solely with the employee.
13.11 Extended Coverage. An employee on approved leave without pay shall be
allowed to continue his/her health/dental/life insurance coverage provided that the
employee shall pay their share of the monthly premium by the tenth day of each month,
during said leave.
An employee who terminates County employment is covered through the last day of the
month in which he/she is paid for County dental plans and through the last day of the
month following the month of termination for CalPERS plans. Employees who terminate
County employment may continue Group Health/Dental plan coverage to the extent
provided under the COBRA regulations.
13.12 Retirement Coverage. Upon retirement, employees may, subject to plan
requirements, remain in the same County group medical plan if immediately before their
retirement they are currently enrolled in one of the County sponsored CalPERS Health
Plans or if on authorized leave of absence without pay, they have retained continuous
coverage during the leave period.
1. Government Code section 22892 applies to all employees who were hired
on or before January 1, 2007 and to all employees who are hired on or
after October 1, 2011.
2. For employees hired between January 2, 2007 and September 30, 2011
inclusive, Government Code section 22892 does not apply and the
following provisions apply instead:
a. As soon as practical, the County will modify its agreement with the
CalPERS Health Benefit Program to incorporate the provisions of
Government Code Section 22893 for employees who are hired on
or after January 2, 2007, but before October 1, 2011.
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SECTION 13 - MEDICAL, DENTAL AND LIFE INSURANCE
b. Government Code Section 22893. Notwithstanding Section 22892,
the percentage of employer contribution payable for post retirement
health benefits for any employee of a contracting agency subject to
this section shall, except as provided in Government Code Section
22893, subdivision (b), be based on the member’s completed years
of credited county service at retirement as shown in the following
table:
Credited Years
of Service
Percentage of
Employer
Contribution
10 50
11 55
12 60
13 65
14 70
15 75
16 80
17 85
18 90
19 95
20 or more 100
The employee’s contribution shall be adjusted each year in
accordance with Government Code Section 22893.
The County will provide medical premium payments for employees
who retire from the County in accordance with Government Code
Section 22893.
13.13 Dual Coverage.
A. CalPERS Health Plan. Employees must adhere to the rules as established by
CalPERS.
B. On and after January 1, 2012, each employee and retiree may be covered by
only a single County health and/or a single County dental plan, including
CalPERS plans. For example, a County employee may be covered under a
single County health 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.
C. On and after January 1, 2012, each dependent may be covered by the health
and/or dental plan of only one spouse or one domestic partner. For example,
when both parents are County employees, all of their eligible children may be
covered as dependents of either, parent, but not both.
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SECTION 13 - MEDICAL, DENTAL AND LIFE INSURANCE
D. For purposes of this Section 13.13 - Dual Coverage, "County" includes the
County of Contra Costa and all Board of Supervisors governed special districts,
such as the Contra Costa County Fire Protection District.
13.14 Employee Assistance Program. Any County contract which provides an
employee assistance program applicable to DSA represented employees, including the
present contract with Occupational Health Services, shall include the following
language:
"Records, including any information whether recorded or not, pertaining to the identity,
diagnosis or treatment of any employee or the employee's family dependent(s) which
are maintained in connection with the performance of this contract shall be confidential,
even as to the employer, and disclosed only under the following circumstances:
A. When disclosure is authorized with the written and signed consent of the
employee or the family dependent(s). Such consent must state:
1. the name of the person or organization to whom disclosure is to be made;
2. the specific type of information to be disclosed;
3. the purpose or need for such disclosure.
B. When an employee's records are subpoenaed and are not otherwise protected
by professional privileged relationships, contractor will notify the employee
whose records are subpoenaed immediately by phone, if possible, and in any
event in writing as soon as possible. Written communication shall inform the
employee of his/her access to DSA for aid if he/she so desires. Contractor will
cooperate with employee and/or his legal representative in asserting
confidentiality. Subpoenaed records will only be turned over after a court order.
The employer bears no responsibility under this paragraph.
C. Contractor agrees to operate a system of records on individuals in accordance
with all State and Federal laws pertaining to the confidentiality of alcohol, drug,
and mental health records and the Federal Privacy Act of 1974.
D. The Association is a third-party beneficiary.
13.15 Health Care Spending Account. The County will continue to offer regular full-
time and part-time (20/40 or greater) County employees the option to participate in a
Health Care Spending Account (HCSA) Program designed to qualify for tax savings
under Section 125 of the Internal Revenue Code, but such savings are not guaranteed.
The HCSA Program allows employees to set aside a pre-determined amount of money
from their paycheck for health care expenses not reimbursed by any other health
benefits plan with before-tax dollars. HCSA dollars can be expended on any eligible
medical expenses allowed by Internal Revenue Code Section 125. Any unused balance
is forfeited and cannot be recovered by the employee.
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SECTION 14 - PROBATIONARY PERIOD
13.16 Dependent Care Assistance Program. The County will continue to offer 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 tax savings
are not guaranteed. The program allows employees to set aside up to five thousand
dollars ($5,000) of annual salary (before taxes) per calendar year to pay for eligible
dependent care (child and elder care) expenses. Any unused balance is forfeited and
cannot be recovered by the employee.
13.17 Premium Conversion Plan. The County will continue to offer 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 medical and dental premiums.
13.18 Prevailing Section. To the extent that any provision of this Section (Section 13
– Medical, Dental, and Life Insurance) 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 resolution or
order of the Board of Supervisors, the provision(s) of this Section (Section 13 –
Medical, Dental, and Life Insurance) will prevail.
13.19 Health Benefits 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 management complaint
process.
SECTION 14 - PROBATIONARY PERIOD
14.1 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.
14.2 Criteria. The probationary period shall commence from the date of appointment.
It shall not include time served in provisional or temporary appointments or any period
of continuous absence or temporary modified duty assignment exceeding fifteen (15)
calendar days, except as otherwise provided in the Personnel Management
Regulations or by law.
For those employees appointed to permanent-intermittent positions with a six (6)
months probation period, probation will be considered completed upon serving one
thousand (1,000) hours after appointment except that in no instance will this period be
less than six (6) calendar months from the beginning of probation. If a permanent-
intermittent probationary employee is reassigned to full-time, credit toward probation
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SECTION 14 - PROBATIONARY PERIOD
completion in the full-time position shall be prorated on the basis of one hundred
seventy-three (173) hours per month.
14.3 Rejection During Probation. An employee who is rejected during the probation
period and restored to the eligible list shall begin a new probationary period if
subsequently certified and appointed.
A. Appeal from rejection. Notwithstanding any other provisions of this section, an
employee (Probationer) shall have the right to appeal from any rejection during
the probationary period based on political or religious affiliations or opinions,
association activities, or race, color, national origin, sex, age, disability or sexual
orientation.
B. The appeal must be written, must be signed by the employee and set forth the
grounds and facts by which it is claimed that grounds for appeal exist under
subsection (A) and must be filed through the Director of Human Resources to
the Merit Board by 5:00 p.m. on the seventh (7th) calendar day after the date of
delivery to the employee of notice of rejection.
C. The Merit Board shall consider the appeal, and if it finds probable cause to
believe that the rejection may have been based on grounds prohibited in
subsection (A), it may refer the matter to a Hearing Officer for hearing,
recommended findings of fact, conclusions of law and decision, pursuant to the
relevant provisions of the Merit Board rules in which proceedings the rejected
probationer has the burden of proof.
D. If the Merit Board finds no probable cause for a hearing, it shall deny the appeal.
If, after hearing, the Merit Board upholds the appeal, it shall direct that the
appellant be reinstated in the position and the appellant shall begin a new
probationary period unless the Merit Board specifically reinstates the former
period.
14.4 Regular Appointment. The regular appointment of a probationary employee
shall begin on the day following the end of the probationary period, subject to the
condition that the Director of Human Resources receive from the appointing authority a
statement in writing that the services of the employee during the probationary period
were satisfactory and that the employee is recommended for permanent appointment.
A probationary employee may be rejected at any time during the probation period
without regard to the Skelly provisions of this MOU, without notice and without right of
appeal or hearing. If the appointing authority has not returned the probation report, or
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
probationary 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.
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SECTION 15 - GENERAL TERMS & CONDITIONS OF EMPLOYMENT
AND MANAGEMENT BENEFITS
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.
14.5 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 probationary period if the position is in the department from which
the employee separated, displaced or voluntarily demoted in lieu of layoff.
SECTION 15 - GENERAL TERMS & CONDITIONS OF EMPLOYMENT AND
MANAGEMENT BENEFITS
15.1 Incentives.
A. Management 2.5% Longevity Pay Plan. Employees who have completed ten
(10) years of service for the County shall receive a 2.5% longevity differential.
For purposes of determining ten (10) years of service for this differential, the
records utilized for service award purposes will control.
B. Deferred Compensation Incentive. The County's supplemental contribution to
employees who participate in the County's Deferred Compensation Plan will be
forty dollars ($40) per month. To be eligible for this incentive supplement,
employees must first contribute a Base Contribution Amount to the deferred
compensation plan as follows:
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Monthly Base
Current Contribution Amt.
Monthly Qualifying Base for Maintaining
Salary Contribution Amt. Program Eligibility
2,500 & below 250 50
2501 - 3334 500 50
3335 - 4167 750 50
4168 - 5000 1000 50
5001 - 5834 1500 100
5835 - 6667 2000 100
6668 & above 2500 100
Employees with a break in deferred compensation contributions because of
either an approved medical leave or approved financial hardship withdrawal shall
not be required to reestablish eligibility. Further, employees who lose eligibility
due to budgetary constraints but maintain contributions at the required level and
later return to an eligible position shall not be required to reestablish eligibility.
C. 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 Deputy Sheriffs’ Association
(DSA) 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
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deducted from the employee’s Deferred Compensation account.
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.
15.2 Differentials.
A. Longevity Differential for Law Enforcement Management. Upon completion
of fifteen (15) years sworn service, employees shall be eligible for a five percent
(5%) base salary differential. Upon Completion of twenty (20) years of sworn
County service, employees will be eligible for an additional two percent (2%)
base salary differential. This provision shall be effective July 1, 2012.
B. Bilingual Pay Differential. A salary differential of one hundred dollars
($100.00) per month shall be paid incumbents of positions requiring bilingual
proficiency as designated by the Appointing Authority and the 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.
If during the term of this MOU, the County increases the Bilingual Pay for other
bargaining units, the County will extend that increase to the DSA bargaining unit
members. The increase will be implemented on prospective basis only and will
not be subject to retroactivity.
C. Effective January 1, 2007, any Lieutenant who is directed to work in an on-call
status in support of the Officer of the Day Program shall receive fifty four dollars
and fifty cents ($54.50) per day, not to exceed three hundred twenty seven
dollars ($327.00) per week, for the period assigned to work in an on-call status.
D. Sheriffs' Administrative Differential. Effective February 1, 1991, the Sheriff-
Coroner was authorized to enter into agreements with contract cities who have a
Lieutenant assigned as the Chief of Police, to pay a monthly administrative
differential, reimbursed by the individual city, in an amount equal to one-half the
percentage differential between top step Lieutenant and top step Captain.
Lieutenants who are eligible to receive this administrative differential shall do so
in lieu of any other watch-stander differentials for which they may be eligible.
15.3 Leaves & Pay for Time Not Worked.
A. Annual Management Administrative Leave. On January 1 of each year, all
permanent full time sworn management employees shall be credited with
seventy-four (74) hours of paid management administrative leave. This time is
non-accruable and all balances will be zeroed out effective December 31st of
each year. Permanent part-time employees shall have such leave prorated
based on their position hours.
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B. Furlough Days Without Pay. Subject to the prior written approval of the
appointing authority, employees may elect to take furlough days or hours without
pay (pre-authorized absence without pay), up to a maximum of fifteen (15)
calendar days for any one period. Longer pre-authorized absences without pay
are considered leaves of absence without pay. Employees who take furlough
time shall have their compensation for the portion of the month worked
computed in accord with Section 5.6 - Compensation for Portion of Month of this
MOU. Full time and part-time employees who take furlough time shall have their
vacation, sick leave, floating holiday, and any other payroll computed accruals
computed as though they had worked the furlough time. When computing
vacation, sick leave, floating holiday, and other accrual credits for employees
taking furlough time, this provision shall supersede Section 8.1, 9.1, 9.3, and
10.2 of this MOU regarding the computation of vacation, sick leave, floating
holiday, and other accrual credits as regards furlough time only. For payroll
purposes, furlough time (absence without pay with prior authorization of the
appointing authority) shall be reported separately from other absences without
pay to the Auditor-Controller. The existing VTO program shall be continued for
the life of the contract.
15.4 Benefits & Allowances.
A. Personal Protective Equipment. The County shall reimburse employees for
safety shoes and prescription safety eyeglasses in those classifications which
the County has determined eligible for such reimbursement. The County will
reimburse eligible employees for safety shoes in an amount not to exceed sixty
dollars ($60) in any calendar year. The County will reimburse eligible employees
for prescription safety eyeglasses which are approved by the County and are
obtained from such establishment as required by the County.
B. 414H Participation. The County will continue provisions of Section 414(h)(2) of
the Internal Revenue Code which allows the County Auditor-Controller to reduce
the gross monthly pay of employees by an amount equal to the employee's total
contribution to the County Retirement System before federal and state income
taxes are withheld and forward that amount to the Retirement system. This
program of deferred retirement contribution will be universal and non-voluntary
as is required by statute.
C. Management Life Insurance. Management employees shall be provided with a
$40,000 term life insurance policy. Premiums for this insurance shall be paid by
the County with conditions of eligibility reviewed annually.
D. Training. Employees shall be eligible for career development training
reimbursement in the maximum amount of six hundred fifty ($650) per fiscal
year. The reimbursement of training expenses shall be consistent with
Administrative Bulletins on Travel & Training. Registration and tuition for career
development education may be reimbursed for up to fifty percent (50%) of the
employee’s net cost. Books necessary for courses taken for career development
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education may be reimbursed for up to one hundred percent (100%) of the
employee’s net cost.
E. Management Development Policy. All employees shall be authorized to attend
professional training programs, seminars and workshops a minimum of thirty (30)
hours annually, during normal work hours, for the purpose of developing
knowledge, skills and abilities in the areas of supervision, management and
County policies and procedures.
Departments are particularly encouraged to provide generous professional
development opportunities (above the thirty (30) hour minimum) for people newly
promoted into positions of direct supervision.
Priority for professional training programs shall be afforded those offered through
the Contra Costa Training Institute. Other related and appropriate
training/education resources approved by the department may also be
considered.
To encourage personal and professional growth which is beneficial to both the
County and the employee, the County provides reimbursement for certain
expenses incurred by employees for job-related training (required training and
career development training/education. Provision for eligibility and
reimbursement are identified in Administrative Bulletin 12.7, November 1, 1989.
F. Long-Term Disability Insurance. The County shall continue in force all
provisions of the Long-Term Disability Insurance program with a replacement
limit of eighty-five percent (85%) of total monthly base earnings reduced by any
deductible benefits. The premium for this Long-Term Disability Insurance
program shall be fully paid by the County.
G. Vacation Buy Back.
1. For Employees Hired Before November 1, 2011:
Employees 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; and
3. If the employee is receiving 2.5% Management Incentive, payment
shall be based on an hourly rate determined by dividing the
employee’s monthly salary, plus the 2.5% Management Incentive,
by 173.33.
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4. the maximum number of hours that may be reimbursed in any year
is one-third (1/3) of the annual accrual.
In those instances where a lump-sum payment has been made to management
employees in lieu of a retroactive general salary adjustment for a portion of the
calendar year which is subsequent to exercise by a management 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 was inclusive of the effective date of the vacation buy back.
2. For Employees Promoted or Hired On and After November 1, 2011:
Employees promoted or hired by the County into any classification
represented by the Deputy Sheriffs’ Association, Management Unit, on
and after November 1, 2011, 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
Deputy Sheriffs’ Association, Management Unit, will retain that benefit
after promoting into a classification represented by the Deputy Sheriffs’
Association, Management Unit.
H. Professional Development. All employees shall be eligible for reimbursement
of up to four hundred dollars ($400) for each two (2) year period beginning
January 1, 2002 for memberships in professional organizations, subscriptions to
professional publications, attendance fees at job-related professional
development activities and job-related computer hardware and software from a
standardized County approved list or with Department Head approval, provided
such employee complies with the provisions of the Computer Use and Security
Policy adopted by the Board of Supervisors and manuals. Authorization for
individual professional development reimbursement requests shall be made by
the Department Head. Reimbursement will occur through the regular demand
process with demands being accompanied by proof of payment (copy of invoice
or canceled check).
For the duration of this agreement, any increase in the professional development
pay for the County’s unrepresented managers will result in an equivalent dollar
amount to the Professional Development pay for this unit.
I. Sick Leave Incentive Plan. Employees shall be eligible for a payoff of unused
sick leave accruals at separation. This program is an incentive for employees to
safeguard sick leave accruals as protection against wage loss due to time lost for
injury or illness. Payoff shall be approved by the Director of Human Resources
and can be awarded only under the following conditions:
1. The employee must have resigned in good standing.
2. Payout is not available if the employee retires.
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3. The balance at resignation must be at least seventy percent (70%) of
accruals earned in the preceding continuous period of employment.
4. Payout shall be under the following schedule:
Years of Permanent % of Unused
Continuous Service Sick Leave Paid
3 - 5 years 30%
5 - 7 years 40%
7+ years 50%
15.5 Terms & Conditions of Employment.
A. Overtime Exclusion. In recognition of their management status, employees
shall continue to be overtime exempt. The Office of the County Administrator
shall have authority to exclude certain management classes from Overtime
Exemption. Provisional appointees to management classes and employees
receiving higher pay for a higher management classification who were not
previously in a management class shall be automatically placed on the Overtime
Exempt Exclusion List since they are not eligible for management benefits.
B. Part-Time Employees. Part-time employees who work at least fifty percent
(50%) of full time on a continuing basis, shall be provided the management
benefits listed in this MOU on a full or pro rata basis.
C. Permanent-Intermittent Employees. Permanent-Intermittent employees are
eligible for vacation and sick leave benefits as defined in this MOU on a pro rata
basis.
D. Length of Service Credits. The length of service credits of each permanent
employee shall date from the beginning of the last period of continuous County
employment including temporary, provisional and permanent status and
absences on approved leave of absence except that when an employee
separates from a permanent position in good standing and is subsequently
reemployed in a permanent County positions prior to the completion of two (2)
years from date of separation, the period of separation will be bridged. Under
these circumstances, the service credits shall include all credits accumulated at
time of separation but shall not include the period of separation. The service
credits of an employee shall be determined from employee status records of the
Human Resources Department.
15.6 Officer of the Day Program.
a. During the term of the 1998-2001 MOU, the parties agree that the provisions
regarding the Officer of the Day Program will be subject to review and revision at
regular Labor Management Committee meetings.
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b. The Sheriff may assign Lieutenants on a full-time basis to the Officer of the Day
Program, subject to the following:
1. The Assistant Division Commander of the Emergency Services Division
shall typically be responsible for providing routine relief for absences of
one week or more.
a. During periods that one or more of the assigned Lieutenants is not
available for duty and the Assistant Emergency Services Division
Commander is not available to provide relief, a Sergeant may be
temporarily assigned to the Program in the capacity of an acting
Lieutenant.
2. The Officer of the Day Program shift schedule and the order of shift
rotations shall be established/modified at the Labor Management
Committee pursuant to paragraph A. above.
a. Once each year, during the annual vacation sign-up, Lieutenants
who are assigned to the Officer of the Day Program shall sign-up
for their upcoming shift assignments. The annual shift sign-up will
become effective on the first Monday in January of the following
year.
b. Following the annual sign-up, assigned Lieutenants shall rotate
shifts on the first Monday of each calendar quarter.
c. Lieutenants who are assigned to the Officer of the Day Program
mid-year shall assume the shift assignment and rotation schedule
of the Lieutenant who is being replaced.
3. When making assignments to the Officer of the Day Program, the Sheriff
shall consider those Lieutenants who have volunteered for the
assignment. Consideration also should be given to avoid the involuntary
assignment of a Lieutenant who previously has been assigned to the
program.
4. Although the Sheriff shall retain the right to determine the length of
assignment, Officer of the Day assignments normally will be subject to the
same rotation policy(ies) as other Lieutenant assignments.
c. Lieutenants who are assigned to the Officer of the Day Program, including the
Assistant Emergency Services Division Commander, are eligible for holiday pay
under the provisions of Section 15.8.
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15.7 Holiday is Not Worked by Full-Time Lieutenants who are assigned to the
Officer of the Day Program: When a Full Time Lieutenant assigned to the Officer of
the Day Program does not work on a holiday, the Lieutenant will be paid in accordance
with Section 8.2 or Section 8.3, as applicable.
15.8 Holiday is WORKED by Lieutenants who are Assigned to the Officer of the
Day Program and Holiday Falls on Scheduled Work Day:
A. Full-Time Employee: When a full-time Lieutenant assigned to the Officer of the
Day program works on a holiday that falls on the employee’s scheduled work
day, the employee is entitled to receive his/her regular salary. The employee is
also entitled to receive holiday pay at the rate of one and one half (1.5) times
his/her base rate of pay (not including differentials).
15.9 Holiday is WORKED by Lieutenant Assigned to the Officer of the Day
Program and Holiday Falls on Scheduled Day Off:
A. Full-Time Employee: When a Lieutenant assigned to the Officer of the Day
program works on a holiday that falls on the employee’s scheduled day off, the
employee is entitled to receive his/her regular salary.
1. Employee Works on his/her Next Scheduled Work Day Following the
Holiday: When a full time employee works on his/her next scheduled
work day following the holiday, the employee is entitled to receive his/her
regular salary. The employee is also 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) at the same rate for all hours worked on that day.
2. Employee does NOT work on his/her Next Scheduled Work Day
Following the Holiday: When a full time employee does NOT work on
his/her next scheduled work day following the holiday, the employee is
entitled to the day off, without a reduction in pay, in recognition of his/her
regularly scheduled day off.
3. The County retains the right to decide whether an employee will work or
not work on the next scheduled work day following a holiday.
15.10 Time Reporting and Pay Practices Waiver:
The Association agrees to the implementation of an Automated Timekeeping System.
The Association waives its right to meet and confer regarding any impacts that may
result from the County’s implementation of the automated timekeeping system,
including but not limited to, changes to current departmental time reporting and pay
practices. The Association agrees to convert from the current payroll cycle when the
County is able to upgrade the current Payroll system or implement a new County
Payroll System.
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SECTION 16 - PROMOTION
SECTION 16 - PROMOTION
16.1 Competitive Exam. Promotion shall be by competitive examination unless
otherwise provided in this MOU.
16.2 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.
16.3 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.
16.4 Promotion Via Reclassification Without Exam. Notwithstanding other
provisions of this Section, an employee may be promoted from one classification to a
higher classification and his position reclassified at the request of the appointing
authority and under the following conditions:
a. An evaluation of the position(s) in question must show that the duties and
responsibilities have significantly increased and constitute a higher level of work.
b. The incumbent of the position must have performed at the higher level for one
(1) year.
c. The incumbent must meet the minimum education and experience requirements
for the higher class.
d. The action must have approval of the Director of Human Resources.
e. The Association approves such action.
The appropriate rules regarding probationary status and salary on promotion are
applicable.
16.5 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.
16.6 Seniority Credits. Employees who have qualified to take promotional
examinations and who have earned a total score, not including seniority credits, of
seventy percent (70%) or more, shall receive, in addition to all other credits, five one-
hundredths of one percent (.05%) for each completed month of service as a permanent
County employee continuously preceding the final date for filing application for said
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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.
16.7 Physical Examination. County employees, who are required as part of the
promotional examination process to take a physical examination shall do so on County
time at County expense.
SECTION 17 - RESIGNATIONS
An employee's voluntary termination of service is a resignation. Written resignations
shall be forwarded to the Human Resources Department by the appointing authority
immediately on receipt, and shall indicate the effective date of termination. Oral
resignation shall be immediately confirmed by the appointing authority in writing to the
employee and to the Human Resources Department and shall indicate the effective
date of termination.
17.1 Resignation in Good Standing. A resignation giving the appointing authority
written notice at least two (2) weeks in advance of the last date of service (unless the
appointing authority requires a longer period of notice, or consents to the employee's
terminating on shorter notice) is a resignation in good standing.
17.2 Constructive Resignation. A constructive resignation occurs and is effective
when:
a. An employee has been absent from duty for five (5) consecutive working days
without leave, and;
b. Five (5) more consecutive work days have elapsed without response by the
employee after the mailing of a notice of resignation by the appointing authority
to the employee at the employee's last known address.
17.3 Effective Resignation. A resignation is effective when delivered or spoken to
the appointing authority, operative either on that date or another date specified.
17.4 Revocation. A resignation that is effective is revocable only by written
concurrence of the employee and the appointing authority.
17.5 Coerced Resignations.
A. Time Limit. A resignation which the employee believes has been coerced by the
appointing authority may be revoked within seven (7) calendar days after its
expression, by serving written notice on the Director of Human Resources and a
copy on the appointing authority.
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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 shall be handled as an appeal to the Merit Board.
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 18 - DISMISSAL, SUSPENSION & DEMOTION
18.1 Cause for Disciplinary Action. The appointing authority may dismiss, suspend,
demote, or reduce within class, any employee for cause. The following are sufficient
causes for such action; the list is indicative rather than inclusive of restrictions and
dismissal, suspension, reduction or demotion may be based on reasons other than
those specifically mentioned:
a. absence without leave,
b. conviction of any criminal act involving moral turpitude,
c. conduct tending to bring the merit system and/or Office of the Sheriff-Coroner
into disrepute,
d. disorderly or immoral conduct,
e. incompetence or inefficiency,
f. insubordination,
g. being at work under the influence of liquor or drugs, carrying onto the premises
liquor or drugs or consuming or using liquor or drugs during work hours and/or on
County premises,
h. neglect of duty, (i.e. non-performance of assigned responsibilities),
I. negligent or willful damage to public property or waste of public supplies or
equipment,
j. violation of any lawful or reasonable regulation or order given by a supervisor or
department head,
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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.
18.2 Skelly Requirements - Notice of Proposed Action (Skelly Notice). Before
taking a disciplinary action to dismiss, suspend, for more than five (5) work days (four
(4) work days for employees on "4-10" work week), demote or reduce within class an
employee, the appointing authority shall cause to be served personally or by certified
mail, on the employee, a Notice of Proposed Action, which shall contain the following:
a. A statement of the action proposed to be taken.
b. A copy of the charges, including the acts or omissions and grounds upon which
the action is based.
c. If it is claimed that the employee has violated a rule or regulation of the County,
department or district, a copy of said rule shall be included with the notice.
d. A statement that the employee may review and request copies of materials upon
which the proposed action is based.
e. A statement that the employee has seven (7) calendar days to respond to the
appointing authority either orally or in writing.
18.3 Employee Response. The employee upon whom a Notice of Proposed Action
has been served shall have seven (7) calendar days to respond to the appointing
authority either orally or in writing before the proposed action may be taken. Upon
request of the employee and for good cause, the appointing authority may extend in
writing the period to respond. If the employee's response is not filed within seven (7)
days or during any extension, the right to respond is lost.
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18.4 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.
18.5 Length of Suspension. Suspensions without pay shall not exceed thirty (30)
days unless ordered by an adjustment board or the Merit Board.
18.6 Procedure on Dismissal, Suspension or Disciplinary Demotion.
A. In any disciplinary action to dismiss, suspend, 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, 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 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.
Employee Appeals from Order. The employee may appeal an order of
dismissal, suspension or demotion to the Merit Board.
SECTION 19 - MANAGEMENT COMPLAINT PROCEDURE
19.1 Definition. Any dispute by an employee over the application of any section of
this MOU which cannot be resolved administratively, or is not handled under the
jurisdiction of the County Merit Board may be addressed under provisions of Resolution
83/987 (Management Complaint Procedure) as follows:
Step 1 - Immediate Supervisor. Any management employee (complainant) who
believes that he/she has been adversely affected by the application or interpretation of
a rule, regulation, or procedure or otherwise adversely affected in a manner not within
the scope of available appeal avenues, may within thirty (30) calendar days discuss the
problem with his/her immediate supervisor. If the problem is not resolved at this step,
the employee may use Step 2.
Step 2 - Department Head. If a complaint is not resolved in Step 1, the complainant
may, within seven (7) calendar days after the immediate supervisor's response, request
an appointment with his/her Department Head or designee. If the problem is not
resolved at this step, the complainant may use Step 3 or Step 4.
Step 3 - Mediation. If a complaint is not resolved at Step 2, the complainant may, within
seven (7) calendar days after the Department Head's response, file a written request
with the Employee Relations Officer or designee for mediation. This request shall
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SECTION 19 - MANAGEMENT COMPLAINT PROCEDURE
contain a description of the problem and the specific issue. The Employee Relations
Officer or designee shall meet with the complainant and Department Head, or
designee, within ten (10) work days and select a mutually agreed-upon mediator. The
mediation shall be confidential and shall not become part of the complainant's
personnel record. If a resolution agreeable to the complainant and the Department
Head is reached, it may, if mutually agreed, be reduced to writing. If the problem is not
resolved at this step, the complainant may use Step 4. Mediation is not required and
the complainant may skip this step and proceed to Step 4 with a request like that for
Step 3.
Step 4 - Adjustment Panel. If the problem is not resolved at Step 3 or if Step 3 is
skipped (see above) complainant may, within seven (7) calendar days after the
mediator's or Department Head's response, submit his/her complaint in writing to the
Employee Relations Officer or designee, who shall promptly convene an adjustment
panel of three management employees. As used herein "management employees"
includes management employees of both the County and Fire Protection Districts. The
complainant and the Department Head shall each select one (1) panel member, which
two (2) shall select the third (3rd) member. The panel shall hear evidence and
arguments regarding the complaint and shall render a statement of findings and
recommendation to the complainant and the Department Head, with copies to the
County Administrator and Director of Human Resources. Step 4 of the management
complaint procedure may be waived by the written mutual agreement of the parties.
Step 5. If an Adjustment Board is unable to arrive at a majority decision, either the
employee (or the County, when alleging a violation of Section 19.3) may require that the
grievance be referred to an impartial arbitrator who shall be designated by mutual
agreement between the employee and the Personnel Director. Such request shall be
submitted within twenty (20) work days of the rendering of the Adjustment Board
decision. Within 20 days of the request for arbitration the parties shall mutually select
an arbitrator. The fees and expenses of the Court Report shall be shared equally by
the employee and the County. Each party, however, shall bear the costs of its own
presentation, including preparation and post hearing briefs, if any.
If the parties cannot initially agree on a neutral arbitrator, either may request a list of five
(5) arbitrators from the State Mediation and Conciliation Service. The cost of the list will
be shared equally by the parties. If they cannot agree on an arbitrator from that list, they
shall strike alternatively from the list, with the first to strike to be determined by lot, and
the last remaining name shall be the arbitrator.
19.2 Compensation Complaints. All complaints involving or concerning the
payment of compensation shall be initially filed in writing with the Employee Relations
Officer or designee. Only complaints which allege that employees are not being
compensated in accordance with the provisions of this MOU shall be considered as
grievances. Any other matters of compensation are to be resolved in the meeting and
conferring process if not detailed in the MOU which results from such meeting and
conferring process shall be deemed withdrawn until the meeting and conferring process
is next opened for such discussion. No adjustment shall be retroactive for more than six
(6) months from the date upon which the complaint was filed.
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SECTION 19 - MANAGEMENT COMPLAINT PROCEDURE
19.3 Strike/Work Stoppage. During the term of this MOU, the Association, its
members and representatives, agree that it and they will not engage in, authorize,
sanction, or support any strike, slowdown, stoppage of work, sickout, or refuse to
perform customary duties.
In the case of a legally declared lawful strike against a private or public sector employer
which has been sanctioned and approved by the labor body or council having
jurisdiction, an employee who is in danger of physical harm shall not be required to
cross the picket line, provided the employee advises his or her supervisor as soon as
possible, and provided further that an employee may be required to cross a picket line
where the performance of his or her duties is of an emergency nature and/or failure to
perform such duties might cause or aggravate a danger to public health or safety.
19.4 Merit Board.
A. All grievances of employees in representation units represented by the
Association shall be processed under Section 19 unless the employee elects to
apply to the Merit Board on matters within its jurisdiction.
B. No action under Steps 3 and 4 of Subsection 19.1 above shall be taken if action
on the management complaint has been taken by the Merit Board, or if the
management complaint is pending before the Merit Board.
19.5 Filing by Association. The Association may file a management complaint at
Step 3 on behalf of affected employees when action by the County Administrator or the
Board of Supervisors violates a provision of this MOU.
19.6 Letters of Reprimand. Letters of reprimand are subject to the management
complaint procedure. Letters of Reprimand shall be removed from an employee's file
which are five (5) years old from the date issued unless subsequent disciplinary action
has been taken and sustained against the employee for the same type of offense within
said five (5) year period in which case the Letter of Reprimand is not subject to removal.
However, where the subsequent disciplinary action consists of Letter(s) of Reprimand
for the same type of offense, those letters (including the original letter) will be removed
from the employee's file after five (5) years pass from the date the most recent letter is
issued unless a different type of discipline (e.g., suspension, et al) for the same type of
offense is taken and sustained during said five (5) year period.
19.7 Corrective Counseling System. The Corrective Counseling System is a
method of training and counseling employees in an effort to improve behavior and
performance without the negative effects of lasting disciplinary measures. It will
hereafter consist of three (3) phases, or levels, with procedures and policies for
administration developed within the Department. Placement into the Corrective
Counseling System is not subject to the management complaint procedure.
There shall be no mention of the "phase" program in any employee's evaluation,
although the circumstances allegedly supporting the starting, the ending, or the
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SECTION 19 - MANAGEMENT COMPLAINT PROCEDURE
continuing of a phase, may be mentioned. This does not affect any other rights or
responsibilities of the parties with regards to the performance evaluations per se.
An employee placed into a Phase of the Corrective Counseling System may appeal the
placement through a formal department hearing process. Following are the guidelines
and procedures to be utilized in the process:
a. Hearing Officer. The phase placement appeal will be heard by a Commander
not in the employee's direct chain of command, hereafter referred to as the
Hearing Officer. The Hearing Officer has the authority to set aside the phase
placement completely or decrease the phase to any lower level.
b. Notification of Intent to Appeal. Upon receipt of the Phase memo, the affected
employee has seven (7) calendar days to deliver written documentation of an
intent to appeal the phase placement. The "intent to appeal" memo is to be
addressed to the Hearing Officer, with a copy to the employee's Division
Commander. The appeal process defers the starting date of the phase period.
c. Hearing Date. Upon receipt of the "intent to appeal" memo, the Hearing Officer
will schedule a hearing date and notify the affected employee at least seven (7)
calendar days prior to the hearing date. The hearing date shall be within twenty-
one (21) calendar days of the Hearing Officer's receipt of the "intent to appeal"
unless one of the primary parties involved is unavailable, in which case the
hearing will be scheduled as soon as practical upon the return to work of the
parties.
d. The Hearing. For Phase I and II actions, the employee may submit a written
request for hearing to the Commander not in the employee's chain of command.
The Commander will review the request and determine if there is a basis for a
formal hearing. An alternate informal process exists which would allow the
employee and his/her representative to meet and discuss the phase placement
in accordance with the established open door policy of the Department.
For Phase III appeals, the Commander will determine the parties to be present at
the hearing, except that the affected employee will be present, and a maximum
of two (2) representatives of the employee's choice.
In general, witnesses will not be called or allowed; however, the affected
employee may submit written statements from the employee (or others) which
will support the appeal.
The entire appeal hearing will be tape recorded. The tape will be kept (and be
available) in the Administration Division, and will be erased when the phase is no
longer in effect. Upon his request and at his expense, the employee may tape
the hearing.
The Commander will weigh all testimony and attempt to determine the facts
surrounding the phase placement.
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SECTION 20 - DEPARTMENT INVESTIGATIONS
e. Results. The Hearing Officer will report his decision in a brief memo to the
employee within five (5) business days of the hearing.
If the decision upholds the original recommendation or decreases the phase
level, the phase period begins on the date of the Hearing Officer's decision.
If the Hearing Officer determines that a phase was not appropriate, all reference
to the phase incident and hearing will be immediately purged from the personnel
file, and the Hearing Officer's written decision will be sent to the affected
employee.
SECTION 20 - DEPARTMENT INVESTIGATIONS
It has always been and shall continue to be, the Sheriff's position that all internal
investigations shall be conducted in a professional and timely manner. The scope and
intent of all legal and policy mandates shall be adhered to during all phases of the
investigation. This includes that the confidentiality of all information gained during the
inquiry shall be consistent with present legal restraints relative to discovery and
disclosure.
SECTION 21 - LABOR/MANAGEMENT COMMITTEE
Matters of concern to employees in this unit may be raised by the Department or the
DSA in the existing Labor-Management Committee.
SECTION 22 - RETIREMENT CONTRIBUTION
A. Payment of Employee Contributions.
Effective on January 1, 2012, employees are responsible for the payment of 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
employee’s contributions. 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.
22.1 Safety Retirement Tier Elections - Employees Hired or Rehired Before
January 1, 2013.
A. If either the Internal Revenue Service issues guidance acceptable to both
parties, or the County receives a Private Letter Ruling from the IRS, that protects
the County and DSA members hired prior to January 1, 2013, from additional tax
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SECTION 22 - RETIREMENT CONTRIBUTION
liability, DSA members will have the opportunity to elect new retirement tiers
pursuant to Government Code section 31484.9.
B. The following tiers are established:
1. In Safety Tier A, the retirement formula is “3 Percent at 50.” The cost of
living adjustment (COLA) to the retirement allowance shall not exceed
three (3) percent per year. The employee’s final compensation shall be
based on a twelve (12) month salary average.
2. In Safety Tier C, the retirement formula is “3 Percent at 50.” The cost of
living adjustment (COLA) to the retirement allowance shall not exceed
two (2) percent per year. The employee’s final compensation shall be
calculated based on a thirty-six (36) month salary average.
3. In the Safety PEPRA Tier, the retirement formula is established by the
Public Employees Pension Reform Act (PEPRA) (Chapters 296, 297,
Statutes of 2012). The retirement formula is PEPRA Safety Option Plan
Two (2.7% at 57). The cost of living adjustment to the retirement
allowance (COLA) shall not exceed two percent (2%) per year, and the
cost of living adjustment will be banked. The employee’s final
compensation will be based on his/her average annual compensation
earnable during a consecutive thirty-six month period.
C. Method of Election.
1. Upon the occurrence of all of the following:
a. the contingency listed in subsection A is met;
b. actuarial studies by the County and by the Contra Costa County
Employees Retirement Association (“CCCERA”,) have been
completed;
c. the Board of Supervisors has adopted such ordinances or
resolutions as may be necessary to implement the election;
d. as required by Government Code section 31484.9, the County has
prepared written information about the change in benefits for
employees who elect to enter a new tier; and
e. CCCERA has taken any other actions that may be necessary to
implement the election;
the County shall work with CCCERA to provide a time period of no
less than three (3) calendar months during which sworn members
of the DSA bargaining unit who are in Safety Tier A as of
December 31, 2012, may make a written irrevocable election to 1)
waive and release all rights to retirement benefits under Safety Tier
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SECTION 22 - RETIREMENT CONTRIBUTION
A for the period of service following the election and 2) enter the
Safety PEPRA Tier for the period of service following the election.
In addition, the County shall work with CCCERA to provide a time
period of no less than three (3) calendar months during which
sworn members of the DSA bargaining unit who are in Safety Tier
C as of December 31, 2012, may make a written irrevocable
election to 1) waive and release all rights to retirement benefits
under Safety Tier C for the period of service following the election
and 2) to enter the Safety PEPRA Tier for the period of service
following the election.
Employees electing to enter the Safety PEPRA Tier will enter the
Safety PEPRA Tier on the first day of the first calendar month after
the close of the election period.
2. An employee in Safety Tier A who elects to enter the Safety PEPRA Tier
shall have his/her retirement benefits calculated on the basis of Safety
Tier A for the period of service prior to the election. An employee in
Safety Tier C who elects to enter the Safety PEPRA Tier shall have
his/her retirement benefits calculated on the basis of Safety Tier C for the
period of service prior to the election.
D. The parties agree that the provisions of Government Code section 31484.9 shall
apply to sworn members of the Deputy Sheriff’s Association.
22.2 Tier A - Thirty Years of Continuous Service as a Safety Member. Through
the term of this Memorandum of Understanding and any extensions thereof, a DSA
member with credit for more than 30 years of continuous service as a safety member
shall not make payments from his or her retirement base to pay part of the employer’s
contribution for the cost of Safety Tier A.
22.3 Safety Retirement Tier C - Employees Hired or Rehired after December 31,
2006, but Before January 1, 2013.
A. For sworn employees hired by the County after December 31, 2006, but before
January 1, 2013, the retirement formula shall be “3 Percent at 50”. The cost of
living adjustment (COLA) to the retirement allowance shall not exceed two (2)
percent per year. The employee’s final compensation shall be based on his or
her highest thirty six (36) month salary average. Safety Tier A is closed to all
employees initially hired after December 31, 2006.
B. Employees who left County service prior to January 1, 2013, and are rehired
after that date shall not be eligible to elect a retirement tier. Such rehired
employees shall be automatically placed in that retirement tier for which they are
eligible under the County Employees Retirement Law and PEPRA.
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SECTION 22 - RETIREMENT CONTRIBUTION
C. Safety Tier C is closed to all employees initially hired after December 31, 2012,
except for those sworn employees who, under PEPRA, do not become New
Members of CCCERA.
22.4 Safety Retirement Benefit – Sworn Employees who become New Members
of CCCERA on or after January 1, 2013.
A. For sworn employees who, under PEPRA, become Safety New Members of the
Contra Costa County Employee Retirement Association (CCCERA) on or after
January 1, 2013, retirement benefits are governed by the California Public
Employees Pension Reform Act of 2013 (PEPRA), (Chapters 296, 297, Statutes
of 2012). To the extent this Agreement conflicts with any provision of PEPRA,
PEPRA will govern.
B. PEPRA Safety Option Plan Two (2.7% @ 57) applies to these employees who,
under PEPRA, become New Members of CCCERA. For these employees, 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.
22.5 Retirement Benefit - Non-Sworn Employees who become New Members of
CCCERA on or After January 1, 2013.
A. For non-sworn employees who, under PEPRA, become New Members of the
Contra Costa County Employees Retirement Association (CCCERA) on or after
January 1, 2013, retirement benefits are governed by the California Public
Employees Pension Reform Act of 2013 (PEPRA), (Chapters 296, 297, Statutes
of 2012). To the extent this Agreement conflicts with any provision of PEPRA,
PEPRA will govern.
B. For employees hired by the County after June 30, 2013, who, under PEPRA,
become New Members of CCCERA 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. For employees who, under PEPRA, become New Members of CCCERA, the
disability provisions are the same as the current Tier III disability provisions.
D. The County will seek legislation amending the County Employees Retirement
Law of 1937 to clarify that the current Tier III disability provisions apply to non-
sworn employees who, under PEPRA, become New Members of CCCERA. The
Union must support the legislation, in addition to the County, by calling and
sending a letter (on Union 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 Union must testify in support of the bill before the
state legislative committees considering the bill.
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SECTION 23 - SAFETY
SECTION 23 - SAFETY
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.
SECTION 24 - MILEAGE
Mileage allowance for the use of personal vehicles on County business shall be paid
according to the rates allowed by the Internal Revenue Service and shall be adjusted to
reflect changes in this rate on the date it becomes effective or the first of the month
following announcement of the changed rate by the Internal Revenue Service,
whichever is later.
SECTION 25 - PAY WARRANT ERRORS
If an employee receives a pay warrant which has an error in the amount of
compensation to be received and if this error occurred as a result of a mistake by the
Auditor-Controller's Department, it is the policy of the Auditor-Controller's department
that the error will be corrected and a new warrant issued within forty-eight (48) hours,
exclusive of Saturdays, Sundays and holidays from the time the department is made
aware of and verifies that the pay warrant is in error.
Pay errors discovered by the County found in employee pay shall be corrected as soon
as possible as to current pay rate but that no recovery of either overpayments or
underpayments to an employee shall be made retroactively except for the six (6) month
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, which will be no longer than three (3) times the
length of time the overpayment occurred, shall be determined.
If requested by the employee, an Association representative may be present at the
meeting with management to discuss a repayment schedule.
SECTION 26 - PROVISIONAL APPOINTMENT
Whenever an appointing authority makes a request for personnel to fill a position in a
class for which no reemployment or employment list is available, or in a class for which
no eligible or insufficient eligibles to complete the certification will accept appointment to
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SECTION 27 - PERSONNEL FILES
the position, the Director of Human Resources may authorize the appointing authority to
appoint any person who possesses the minimum qualifications for the class as set forth
in the class specifications, provided that the names of eligibles available and the names
of persons who have indicated their intention to take the next examination for the class
shall be referred to the appointing authority at the time authorization is issued.
In no case shall a permanent position be filled by a provisional appointment for a period
exceeding six (6) calendar months except under the following conditions:
a. If an examination has been announced for the class and recruitment of
applicants is in process, the Director of Human Resources may authorize a
continuation of provisional appointments until an eligible list is established.
b. In case of a provisional appointment to a permanent position vacated by a leave
of absence, such provisional appointment may be continued for the duration of
said leave.
A provisional appointment shall be terminated within thirty (30) days after the date of
certification of eligibles from an appropriate eligible list.
All decisions of the Director of Human Resources relative to provisional appointments
are final.
Before filling a position by a provisional appointment, the appointing authority shall post
notice and shall consider current qualified employees for the appointment. Only if there
are insufficient internal applicants to constitute a full certification may the appointing
authority consider applicants from outside County service.
SECTION 27 - PERSONNEL FILES
An employee shall have the right to inspect and review any official record(s) relating to
his or her performance as an employee or to a grievance concerning the employee
which is kept or maintained by the County in the employee's personnel file in the
Human Resources Department or in the employee's personnel file in their department.
The contents of such records shall be made available to the employee for inspection
and review at reasonable intervals during the regular business hours of the County.
The County shall provide an opportunity for the employee to respond in writing to any
information which is in the employee's personnel file about which he or she disagrees.
Such response shall become a permanent part of the employee's personnel record.
The employee shall be responsible for providing the written responses to be included as
part of the employee's official personnel file. 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.
All documents pertaining to disciplinary actions shall be placed in an official personnel
file maintained by the Human Resources Department or in an official personnel file
maintained by their department. Copies of written reprimands or memoranda pertaining
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SECTION 28 - SERVICE AWARDS
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. Copies of letters of commendation which are to be placed in
the employee's personnel file will be given to the employee. Employees have the right
to review their official personnel files which are maintained in the Human Resources
Department or by their department. In a case involving a grievance or disciplinary
action, the employee's designated representative may also review his or her personnel
file with specific written authorization from the employee.
The Association will be given a list of all types of personnel files maintained by the
Sheriff.
SECTION 28 - 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 29 - REIMBURSEMENT FOR MEAL EXPENSES & CHARGE FOR
DETENTION DIVISION MEALS
29.1 Reimbursement for Meal Expenses. Employees shall be reimbursed for meal
expenses under the following circumstances and in the amount specified:
a. When the employee is required to be out of his/her regular or normal work area
during a meal hour because of a particular work assignment and with prior
approval of the department head or his designee.
b. When the employee is required to stay over to attend consecutive or continuing
afternoon and night sessions of a board or commission.
c. When the employee is required to incur expenses as host for official guests of
the County, work as members of examining boards, official visitors, and
speakers or honored guests at banquets or other official functions.
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SECTION 30 - COMPENSATION FOR LOSS OR DAMAGE TO
PERSONAL PROPERTY
Meal costs will be reimbursed only when eaten away from home or away from
the facility in the case of employees at 24-hour institutions.
Procedures and definitions relative to reimbursement for meal expenses shall be
in accordance with the Administrative Bulletin on Expense Reimbursement.
29.2 Charge for Detention Division Meals. Personnel represented by the DSA and
permanently assigned to the Detention Division will have fifteen dollars ($15) per month
deducted from their pay checks in exchange for meals provided by the Department.
The employee may choose not to eat facility food. In that case no fees will be deducted.
SECTION 30 - COMPENSATION FOR LOSS OR DAMAGE TO PERSONAL
PROPERTY
30.1 Conditions. 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 an employee's dentures or other prosthetic devices did
not occur simultaneously with a job connected injury covered by Workers'
Compensation.
h. The amount of reimbursement shall be limited to the actual cost to repair
damages. Reimbursement 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.
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SECTION 31 - UNFAIR LABOR PRACTICE
j.Claims for reimbursement must be processed in accordance with the
Administrative Bulletin on Compensation for Loss or Damage to Personal
Property.
30.2 Policies & Practices. The employer will continue its present policies and
practices with regard to loss or damage to personal property. This MOU provision does
not constitute a waiver by the DSA or an affected employee to litigate in court the
legality of portions of the policies dealing with limiting reimbursement because of
alleged employee negligence or wrongdoing.
SECTION 31 - UNFAIR LABOR PRACTICE
Either the County or the Association may file an unfair labor practice as defined in
Chapter 34-22 of the Board of Supervisors Resolution 81/1165 against the other.
Allegations of an unfair labor practice, if not resolved in discussions between the
parties, shall be heard by a mutually agreed upon impartial third party.
SECTION 32 - LENGTH OF SERVICE DEFINITION (for service awards and vacation
accruals)
The length of service credits of each employee of the County shall date from the
beginning of the last period of continuous County employment (including temporary,
provisional, and permanent status, and absences on approved leave of absence).
When an employee separates from a permanent position in good standing and within
two (2) years is reemployed in a permanent County position, or is reemployed in a
permanent County position from a layoff list within the period of layoff eligibility, service
credits shall include all credits accumulated at time of separation, but shall not include
the period of separation. The Director of Human Resources shall determine these
matters based on the employee status records in the Human Resources Department.
SECTION 33 - UNIFORM ALLOWANCE/S.W.A.T. UNIFORM
33.1 Uniform Allowance. Effective January 1, 2007, employees eligible for the
uniform allowance will receive a total of eight hundred seventy two dollars ($872) per
year. Uniform allowance is paid for the purchase of uniforms and the cleaning and
maintenance of uniforms and equipment.
33.2 Uniform Allowance Method of Payment. Employees who are eligible for the
uniform allowance will receive such allowance included in their monthly pay warrants.
33.3 S.W.A.T. Uniform. The department shall provide all employees accepted into
S.W.A.T. with the necessary uniform and equipment.
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SECTION 34 - PEACE OFFICER TRAINING INCENTIVE PROGRAM
SECTION 34 - PEACE OFFICER TRAINING INCENTIVE PROGRAM
34.1 Management/Executive P.O.S.T. Certificate. Provisions of Section 17 - Peace
Officer Training of the County Salary Regulations are in effect for incumbents in the
classes of Captain and Sheriff’s Chief of Forensic Services as follows:
a. A permanent career incentive allowance of two and one-half percent (2.5%)
monthly base pay shall be awarded for the possession of a Management and/or
Executive P.O.S.T. Certificate and possession of an approved Baccalaureate
Degree.
b. A permanent career incentive allowance of five percent (5%) monthly base pay
shall be awarded for the possession of a Management and/or Executive
P.O.S.T. Certificate and possession of an approved Master's Degree.
34.2 Advanced P.O.S.T. Certificate. Provisions of Section 17 Peace Officer Training
of the County Salary Regulations are in effect for incumbents in the classes of
Lieutenant (6XHA), Administrative Lieutenant (6XHB) and Deputy Sheriff Forensic
Manager (6DGA) as follows:
a. A permanent career incentive allowance of two and one-half percent (2.5%)
monthly base pay shall be awarded for the possession of an Advanced P.O.S.T.
Certificate and possession of an approved Baccalaureate Degree. Effective April
1, 2002, Lieutenants will be eligible to receive an additional two and one-half
percent (2.5%) of monthly base pay for the possession of an Advanced P.O.S.T.
Certificate.
b. A permanent career incentive allowance of five percent (5%) monthly base pay
shall be awarded for the possession of an Advanced P.O.S.T. Certificate and
possession of an approved Master's Degree.
34.3 Intermediate P.O.S.T. Certificate. Effective January 1, 2014, permanent full-
time employees in the classifications of Lieutenant (6XHA), Administrative Lieutenant
(6XHB), and Captain (6XDA) in the Sheriff's Department will receive a career incentive
allowance of two and one-half percent (2.5%) of base pay per month for the possession
of a valid intermediate P.O.S.T. certificate.
SECTION 35 - CRITICAL INCIDENT
In the event the act or omission of a sworn officer causes the death or serious injury of
another person, the officer's Division Commander shall place the employee on
Administrative Leave (with pay) for the forty-eight (48) hours immediately following the
incident.
DSA MGMT UNIT - 71 - 2016 – 2019 MOU
SECTION 36 - ADOPTION
SECTION 36 - 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 37 - SCOPE OF AGREEMENT & SEVERABILITY OF PROVISIONS
37.1 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 Union 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.
37.2 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.
37.3 Personnel Management Regulations. Where a specific provision contained in a
section of this MOU conflicts with a specific provision contained in a section of the
Personnel Management Regulations, the provision of this MOU shall prevail. It is
recognized, however, that certain provisions of the Personnel Management Regulations
may be supplementary to the provisions of this MOU or deal with matters not within the
scope of representation and as such remain in full force and effect.
Contra Costa County:
(Signature / Printed Name)
37.4 Duration of Agreement. This Agreement shall continue in full force and effect
from July 1, 2016 to and including June 30, 2019.
Date:
Deputy Sheriffs’ Assn. (Management Unit):
(Signature / Printed Name)
/ /
/ /
/ /
DSA MGMT UNIT - 72 - 2016 – 2019 MOU
DEPUTY SHERIFFS’ ASSOCIATION
MANAGEMENT UNIT
ATTACHMENT
A. CLASS AND SALARY LISTING
Deputy Sheriff's Association
Management Unit
CLASS AND SALARY LISTING
Effective 7/1/2016
ATTACHMENT A
Job Code Class Title
Flex Staff
(F) / Deep
Class (D)From To
6XHB ADMINISTRATIVE LIEUTENANT $8,469.74 $10,552.41
6XDA CAPTAIN $9,982.79 $12,437.50
6DGA DEPUTY SHERIFF-FORENSIC MGR $8,952.64 $11,154.03
6XHA LIEUTENANT $8,469.74 $10,552.41
6DDB SHERIFF'S CHF OF FORENSIC SVCS $10,479.06 $13,055.81
Salary Range
All classes are designated as safety.
DEPUTY SHERIFFS’ ASSOCIATION
MANAGEMENT UNIT
SUBJECT INDEX
Accrual (Sick Leave) .................................................................................................... 24
Accrual During Leave Without Pay .............................................................................. 23
Administration of Sick Leave ........................................................................................ 26
Adoption ....................................................................................................................... 72
Advance Notice .............................................................................................................. 6
Advanced P.O.S.T. Certificate ..................................................................................... 71
Anniversary Dates .......................................................................................................... 8
Annual Management Administrative Leave .................................................................. 47
Appeal of Denial ........................................................................................................... 35
Assignment of Classes to Bargaining Units ................................................................... 6
Association Business ..................................................................................................... 4
Association Recognition ................................................................................................. 3
Association Representatives .......................................................................................... 7
Association Security ....................................................................................................... 4
Attendance at Meetings ................................................................................................. 7
Benefits & Allowances .................................................................................................. 48
Bilingual Pay Differential .............................................................................................. 47
CalPERS Health Plan Monthly Premium Subsidy ........................................................ 37
Cause for Disciplinary Action ....................................................................................... 56
Charge for Detention Division Meals ............................................................................ 69
Coerced Resignations .................................................................................................. 55
Communicating With Employees ................................................................................... 4
Compensation Complaints ........................................................................................... 59
Compensation for Loss or Damage to Personal Property ............................................ 69
Compensation for Portion of Month ............................................................................. 10
Competitive Exam ........................................................................................................ 54
Constructive Resignation ............................................................................................. 55
Contra Costa Health Plan (CCHP) ............................................................................... 37
Corrective Counseling System ..................................................................................... 60
Critical Incident ............................................................................................................. 71
Days and Hours of Work .............................................................................................. 14
Deferred Compensation ............................................................................................... 45
Deferred Compensation Plan – Loan Provision ........................................................... 46
Dental Plan ................................................................................................................... 38
Department Investigations ........................................................................................... 62
Dependent Care Assistance Program .......................................................................... 43
Differentials .................................................................................................................. 47
Disability ....................................................................................................................... 27
Dismissal, Suspension & Demotion ............................................................................. 56
Dual Coverage ............................................................................................................. 41
Dues Deduction .............................................................................................................. 4
Duration of Agreement ................................................................................................. 72
DSA MGMT - i - 2016-2019
Effective Resignation ................................................................................................... 55
Employee Assistance Program .................................................................................... 42
Entrance Salary .............................................................................................................. 8
Family Care or Medical Leave ...................................................................................... 31
General Wages .............................................................................................................. 7
General Administration – Leaves of Absence .............................................................. 30
General Terms & Conditions of Employment/Management Benefits ........................... 45
Group Health Plan Coverage ....................................................................................... 33
Health Benefits for Employees Not Otherwise Covered ............................................... 43
Health Care Spending Account .................................................................................... 42
Health Plan ................................................................................................................... 37
Holidays ....................................................................................................................... 20
Holidays Observed ....................................................................................................... 20
Incentives ..................................................................................................................... 45
Increments Within Range ............................................................................................... 9
Intermediate P.O.S.T Certificate .................................................................................. 71
Jury Duty ...................................................................................................................... 36
Labor/Management Committee .................................................................................... 62
Layoff During Probation ............................................................................................... 45
Leave of Absence ........................................................................................................ 30
Leave Without Pay ....................................................................................................... 30
Leave Without Pay – Use of Accruals .......................................................................... 34
Leaves & Pay for Time Not Worked ............................................................................. 47
Length of Service Definition (for service awards and vacation accruals) ..................... 70
Letters of Reprimand .................................................................................................... 60
Life Insurance Benefit Under Health and Dental Plans ................................................ 39
Life Insurance Contribution .......................................................................................... 39
Maintenance of Membership .......................................................................................... 4
Management Complaint Procedure ............................................................................. 58
Management/Executive P.O.S.T. Certificate ................................................................ 71
Medical, Dental & Life Insurance ................................................................................. 37
Merit Board ................................................................................................................... 60
Mileage ......................................................................................................................... 66
Military Leave ............................................................................................................... 34
No Discrimination ........................................................................................................... 6
Official Representatives ................................................................................................. 7
Officer of the Day Program .......................................................................................... 51
Open Exam .................................................................................................................. 54
Orthodontia Coverage .................................................................................................. 39
DSA MGMT - ii - 2016-2019
Part-Time Compensation ............................................................................................... 9
Pay for Work in Higher Classification ........................................................................... 12
Pay Warrant Errors ...................................................................................................... 66
Peace Officer Training Incentive Program ................................................................... 71
Personnel Files ............................................................................................................ 67
Personnel Management Regulations ........................................................................... 72
Physical Examination ................................................................................................... 55
Position Reclassification .............................................................................................. 10
Pregnancy Disability Leave .......................................................................................... 33
Premium Payments ...................................................................................................... 40
Probationary Period ..................................................................................................... 88
Promotion ..................................................................................................................... 54
Promotion Via Reclassification Without Exam ............................................................. 54
Provisional Appointment .............................................................................................. 66
Reassignment of Laid Off Employees .......................................................................... 20
Recognition .................................................................................................................... 3
Reimbursement for Meal Expenses ............................................................................. 68
Rejection During Probation .......................................................................................... 44
Requirements for Promotional Standing ...................................................................... 54
Resignation in Good Standing ..................................................................................... 55
Resignations ................................................................................................................ 55
Retirement Contribution ............................................................................................... 62
Retirement Coverage ................................................................................................... 40
Return From Leave of Absence ................................................................................... 35
Revised Probationary Period ........................................................................................ 43
Revocation ................................................................................................................... 55
Safety ........................................................................................................................... 66
Salaries .......................................................................................................................... 7
Scope of Agreement .................................................................................................... 72
Seniority Credits ........................................................................................................... 54
Service Awards ............................................................................................................ 68
Severability of Provisions ............................................................................................. 72
Special Employment Lists ............................................................................................ 20
Sick Leave .................................................................................................................... 24
Skelly Requirements .................................................................................................... 57
Strike/Work Stoppage .................................................................................................. 60
S.W.A.T. Uniform ......................................................................................................... 70
Terms & Conditions of Employment ............................................................................. 51
Time Reporting and Pay Practices Waiver .................................................................. 53
Time Reporting/Time Stamping ................................................................................... 15
Transfer ........................................................................................................................ 12
Unauthorized Absence ................................................................................................. 36
Unfair Labor Practice ................................................................................................... 70
Uniform Allowance ....................................................................................................... 70
Union Release Time Bank - Limited Pilot Program ........................................................ 7
Use of County Buildings ................................................................................................. 5
DSA MGMT - iii - 2016-2019
Vacation Accrual Rates ................................................................................................ 23
Vacation Buy Back ....................................................................................................... 49
Vacation Leave ............................................................................................................ 22
W ithdrawal of Membership............................................................................................. 4
Witness Duty ................................................................................................................ 37
Workers’ Compensation ............................................................................................... 29
Workforce Reduction ................................................................................................... 16
DSA MGMT - iv - 2016-2019
MEMORANDUM OF
UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND
DEPUTY SHERIFFS’ ASSOCIATION
RANK & FILE UNIT
JULY 1, 2016 – JUNE 30, 2019
DEPUTY SHERIFFS’ ASSOCIATION
RANK & FILE
TABLE OF CONTENTS
SECTION 1 RECOGNITION
1.1 Association Recognition ............................................................................. 4
1.2 Association Business .................................................................................. 4
SECTION 2 ASSOCIATION SECURITY
2.1 Dues Deduction .......................................................................................... 4
2.2 Agency Shop ............................................................................................... 4
2.3 Maintenance of Membership ...................................................................... 6
2.4 Withdrawal of Membership ......................................................................... 6
2.5 Communicating With Employees ................................................................ 6
2.6 Use of County Buildings .............................................................................. 7
2.7 Advance Notice ........................................................................................... 7
2.8 Assignment of Classes To Bargaining Units .............................................. 8
SECTION 3 NO DISCRIMINATION ................................................................................ 8
SECTION 4 OFFICIAL REPRESENTATIVES ............................................................... 9
4.1 Attendance at Meetings .............................................................................. 9
4.2 Association Representatives ...................................................................... 9
4.3 DSA President ............................................................................................. 9
4.4 Union Release Time Bank-Limited Pilot Program ...................................... 9
SECTION 5 SALARIES ................................................................................................ 10
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 .................................................................................. 13
5.10 Salary on Involuntary Demotion ................................................................ 14
5.11 Salary on Voluntary Demotion .................................................................. 14
5.12 Transfer ..................................................................................................... 14
5.13 Pay for Work in a Higher Class................................................................. 14
5.14 Payment/Direct Deposit ............................................................................ 15
SECTION 6 DAYS AND HOURS OF WORK
6.1 Definitions ................................................................................................. 17
6.2 Time Changes: Pacific Standard Time/Daylight Savings Time ............... 18
6.3 Time Reporting/Time Stamping ................................................................ 18
6.4 Time Reporting and Pay Practices Waiver ............................................... 18
SECTION 7 OVERTIME AND COMPENSATORY TIME
7.1 Overtime .................................................................................................... 19
7.2 Compensatory Time .................................................................................. 19
7.3 Straight Time Pay ...................................................................................... 19
7.4 Court Appearance Overtime ..................................................................... 20
7.5 Deputy Sheriff-Coroner Overtime ............................................................. 20
7.6 Sergeant Overtime Pay ............................................................................. 20
DSA R&F 2016-2019 i
SECTION 8 CALL BACK TIME .................................................................................... 21
SECTION 9 ON-CALL DUTY ....................................................................................... 21
SECTION 10 SHIFT DIFFERENTIAL ............................................................................. 21
SECTION 11 SENIORITY, WORKFORCE REDUCTION, LAYOFF & REASSIGNMENT
11.1 Workforce Reduction ................................................................................ 23
11.2 Separation Through Layoff ....................................................................... 24
11.3 Notice ........................................................................................................ 27
11.4 Special Employment Lists ......................................................................... 27
11.5 Reassignment of Laid Off Employees ...................................................... 27
SECTION 12 HOLIDAYS
12.1 Holidays Observed .................................................................................... 27
12.2 Holiday is NOT Worked and Holiday Falls on Scheduled Work Day ....... 28
12.3 Holiday is NOT Worked and Holiday Falls on Scheduled Day Off ........... 29
12.4 Holiday is WORKED and Holiday Falls on Scheduled Work Day ............ 30
12.5 Holiday is Worked and Holiday Falls on Scheduled Day Off ................... 31
12.6 Permanent Intermittent Employees .......................................................... 32
12.7 Holiday and Compensatory Time Provisions ............................................ 32
SECTION 13 VACATION LEAVE
13.1 Vacation Allowance ................................................................................... 33
13.2 Vacation Accrual Rates............................................................................. 33
13.3 Accrual During Leave Without Pay ........................................................... 34
13.4 Vacation Allowance for Separated Employees ........................................ 35
13.5 Pro-rated Accruals .................................................................................... 35
13.6 Vacation Leave on Reemployment From a Layoff List ............................. 35
13.7 Recovery of Vacation Accrual Overpayments/Underpayments ............... 35
13.8 Maximum Vacation Accrual ...................................................................... 35
SECTION 14 SICK LEAVE
14.1 Purpose ..................................................................................................... 36
14.2 Accrual ...................................................................................................... 36
14.3 Administration of Sick Leave .................................................................... 38
14.4 Disability .................................................................................................... 39
14.5 Workers’ Compensation ........................................................................... 41
14.6 W orker’s Comp & Continuing Pay for Non-Sworn Employees................. 42
14.7 Labor-Management Committee ................................................................ 44
14.8 Accrual During Leave Without Pay ........................................................... 44
SECTION 15 LEAVE OF ABSENCE
15.1 Leave Without Pay .................................................................................... 44
15.2 General Administration – Leaves of Absence .......................................... 45
15.3 Family Care or Medical Leave .................................................................. 45
15.4 Pregnancy Disability Leave ....................................................................... 48
15.5 Group Health Plan Coverage .................................................................... 48
15.6 Leave Without Pay - Use of Accruals ....................................................... 48
15.7 Military Leave ............................................................................................ 48
15.8 Return From Leave of Absence ................................................................ 49
15.9 Appeal of Denial ........................................................................................ 50
15.10 Salary Review While on LOA .................................................................... 50
15.11 Unauthorized Absence .............................................................................. 50
DSA R&F 2016-2019 ii
SECTION 16 JURY DUTY AND WITNESS DUTY
16.1 Jury Duty ................................................................................................... 50
16.2 Witness Duty ............................................................................................. 51
SECTION 17 MEDICAL, DENTAL, AND LIFE INSURANCE
17.1 Health Plan ................................................................................................ 51
17.2 Contra Costa Health Plan (CCHP) ........................................................... 52
17.3 CalPERS Health Plan Monthly Premium Subsidy .................................... 52
17.4 Dental Plan ................................................................................................ 53
17.5 Dental Plan Contribution ........................................................................... 53
17.6 Orthodontia Coverage ............................................................................... 53
17.7 Rate Information........................................................................................ 53
17.8 Life Insurance Benefit Under Health and Dental Plans ............................ 54
17.9 Life Insurance Contribution ....................................................................... 54
17.10 Premium Payments ................................................................................... 54
17.11 Extended Coverage .................................................................................. 54
17.12 Retirement Coverage ................................................................................ 54
17.13 Dual Coverage .......................................................................................... 55
17.14 Employee Assistance Program ................................................................. 56
17.15 Health Care Spending Account ................................................................ 57
17.16 Dependent Care Assistance Program ...................................................... 57
17.17 Premium Conversion Plan ........................................................................ 57
17.18 Computer Vision Care (CVC) Users Eye Exam ....................................... 57
17.19 Prevailing Section ..................................................................................... 57
SECTION 18 PROBATIONARY PERIOD
18.1 Length of Probation ................................................................................... 58
18.2 Revised Probationary Period .................................................................... 58
18.3 Criteria ....................................................................................................... 58
18.4 Rejection During Probation ....................................................................... 58
18.5 Regular Appointment ................................................................................ 59
18.6 Layoff During Probation ............................................................................ 59
18.7 Rejection During Probation Of Laid Off Employee ................................... 60
18.8 Probationary Deputy Sheriffs into Investigation Division .......................... 60
SECTION 19 PROMOTION
19.1 Competitive Exam ..................................................................................... 60
19.2 Promotion Policy ....................................................................................... 60
19.3 Certification Rules ..................................................................................... 60
19.4 Open Exam ............................................................................................... 60
19.5 Promotion Via Reclassification Without Examination............................... 60
19.6 Requirements for Promotional Standing ................................................... 61
19.7 Seniority Credits ........................................................................................ 61
19.8 Physical Examination ................................................................................ 61
SECTION 20 WORK SCHEDULING
20.1 Shift Assignment Scheduling .................................................................... 61
20.2 Patrol, Detention, Technical Svcs & Court Security Div. Scheduling ....... 62
20.3 Transportation Bureau .............................................................................. 65
20.4 Investigation Division Home Garaging ..................................................... 65
20.5 Investigations Division Scheduling ........................................................... 65
20.6 Classification Scheduling .......................................................................... 65
20.7 Internal Affairs Scheduling ........................................................................ 65
20.8 Selection of Shifts ..................................................................................... 65
20.9 Length of Shift ........................................................................................... 65
20.10 Transfers ............................................................................................... 4658
DSA R&F 2016-2019 iii
20.11 Court Security/Detention Time .................................................................. 65
20.12 Dispatcher Reopener ................................................................................ 65
SECTION 21 TRANSFER
21.1 Criteria ....................................................................................................... 66
21.2 Procedure .................................................................................................. 66
21.3 Sheriff’s Aides/Specialist Transfers .......................................................... 66
SECTION 22 RESIGNATIONS
22.1 Resignation in Good Standing .................................................................. 67
22.2 Constructive Resignation .......................................................................... 67
22.3 Effective Resignation ................................................................................ 67
22.4 Revocation ................................................................................................ 67
22.5 Coerced Resignations............................................................................... 68
SECTION 23 DISMISSAL, SUSPENSION & DEMOTION
23.1 Cause for Disciplinary Action .................................................................... 68
23.2 Skelly Requirements – Notice of Proposed Action (Skelly Notice) .......... 69
23.3 Employee Response ................................................................................. 70
23.4 Leave Pending Employee Response ....................................................... 70
23.5 Length of Suspension ............................................................................... 70
23.6 Procedure on Dismissal, Suspensionor Disciplinary Demotion ............... 70
SECTION 24 GRIEVANCE PROCEDURE ..................................................................... 70
24.1 Definition ................................................................................................... 70
24.2 Notice to Association ................................................................................ 72
24.3 Immediate Arbitration ................................................................................ 73
24.4 Compensation Complaints ........................................................................ 74
24.5 Strike/Work Stoppage ............................................................................... 74
24.6 Merit Board ................................................................................................ 75
24.7 Filing by Association ................................................................................. 75
24.8 Letters of Reprimand ................................................................................ 75
24.9 Corrective Counseling System.................................................................. 75
SECTION 25 PERSONNEL FILES ................................................................................ 77
SECTION 26 RETIREMENT CONTRIBUTION
26.1 Payment of Employee Contributions ........................................................ 78
26.2 Safety Retirement Tier Elections .............................................................. 78
26.3 Tier A-Thirty Years of Continuous Service as a Safety Member .............. 79
26.4 Safety Retirement Tier C .......................................................................... 80
26.5 Safety Retirement-Sworn Employees ....................................................... 80
26.6 Retirement Benefit-Non-Sworn ................................................................. 80
SECTION 27 PREMIUM PAYS
27.1 Non-Sworn Training Officer Program ....................................................... 81
27.2 Lead Deputy Sheriff/Corporal Assignment ............................................... 81
27.3 Hazard Pay for Non-Sworn Detention Division ......................................... 82
27.4 Investigations and Special Investigations Unit ......................................... 82
27.5 Forensic Services ..................................................................................... 82
27.6 Sheriff’s Dispatcher P.O.S.T. Certificates................................................. 82
SECTION 28 PEACE OFFICER TRAINING (P.O.S.T.)
28.1 Incentive Program - Purposes .................................................................. 82
28.2 Incentive Program - Definitions ................................................................. 83
28.3 Incentive Program - Intermediate Certificate ............................................ 83
DSA R&F 2016-2019 iv
28.4 Incentive Program - Advanced Certificate ................................................ 83
28.5 Incentive Program - Pay Status ................................................................ 83
SECTION 29 UNIFORMS
29.1 Uniform Allowance .................................................................................... 83
29.2 Uniform Allowance Method of Payment.................................................... 84
29.3 S.W.A.T. Uniform ...................................................................................... 84
29.4 Criminalists ................................................................................................ 84
SECTION 30 BILINGUAL PAY ...................................................................................... 84
SECTION 31 COMPENSATION FOR OFF-DUTY CANINE CARE ............................... 85
SECTION 32 DEFERRED COMPENSATION PLAN ..................................................... 86
SECTION 33 LUNCH PERIOD ....................................................................................... 86
SECTION 34 REIMBURSE FOR MEAL EXP/CHARGES FOR DET. DIV. MEALS ...... 86
SECTION 35 COMPENSATION FOR LOSS/DAMAGE TO PERSONAL PROPERTY
35.1 Conditions ................................................................................................. 87
35.2 Policies & Practices .................................................................................. 88
SECTION 36 PAY WARRANT ERRORS ....................................................................... 88
SECTION 37 SERVICE AWARDS ................................................................................. 89
SECTION 38 LENGTH OF SERVICE DEF. (for service awards and vacation accruals) ..... 89
SECTION 39 SAFETY .................................................................................................... 90
SECTION 40 MILEAGE .................................................................................................. 90
SECTION 41 CRITICAL INCIDENT ............................................................................... 90
SECTION 42 DEPARTMENT INVESTIGATIONS .......................................................... 90
SECTION 43 PERMANENT PART-TIME EMPLOYEE BENEFITS ............................... 90
SECTION 44 PERMANENT-INTERMITTENT EMPLOYEE BENEFITS ....................... 90
SECTION 45 HEALTH BEN FOR EMPLOYEES NOT OTHERWISE COVERED ........ 91
SECTION 46 PROVISIONAL APPOINTMENT .............................................................. 91
SECTION 47 LABOR/MANAGEMENT COMMITTEE .................................................... 92
SECTION 48 UNFAIR LABOR PRACTICE ................................................................... 92
SECTION 49 ADOPTION ............................................................................................... 92
DSA R&F 2016-2019 v
SECTION 50 SCOPE OF AGREEMENT AND SEVERABILITY OF PROVISIONS
50.1 Scope of Agreement ................................................................................. 92
50.2 Severability of Provisions .......................................................................... 92
50.3 Personnel Management Regulations ....................................................... 93
50.4 Duration of Agreement .............................................................................. 93
SECTION 51 PAST PRACTICES/EXISTING
MEMORANDA OF UNDERSTANDING ................................................... 93
ATTACHMENTS
DSA R&F 2016-2019 vi
MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND
DEPUTY SHERIFFS' ASSOCIATION
RANK & FILE UNIT
This Memorandum of Understanding (MOU) is entered into pursuant to the authority
contained in Board of Supervisors Resolution 81/1165 and has been jointly prepared by
the parties.
The Employee Relations Officer (County Administrator) is the representative of Contra
Costa County in employer-employee relations matters as provided in Board of
Supervisors Resolution 81/1165, Section 34-8.012.
The parties have met and conferred in good faith regarding wages, hours and other
terms and conditions of employment for the employees in units in which the Association
is the recognized representative, have freely exchanged information, opinions and
proposals and have endeavored to reach agreement on all matters relating to the
employment conditions and employer-employee relations covering such employees.
This MOU shall be presented to the Contra Costa County Board of Supervisors as the
joint recommendations of the undersigned for salary and benefits for the term as set
forth herein.
DEFINITIONS
DEFINITIONS
Appointing Authority: Department Head unless otherwise provided by statute or
ordinance.
Association: Deputy Sheriffs' Association (DSA).
Class: A group of positions sufficiently similar with respect to the duties and
responsibilities that similar selection procedures and qualifications may apply and that
the same descriptive title may be used to designate each position allocated to the
group.
Class Title: The designation given to a class, to each position allocated to the class,
and to the employees allocated to the class.
County: Contra Costa County.
Demotion: The change of a permanent employee to another position in a class
allocated to a salary range for which the top step is lower than the top step of the class
which the employee formerly occupied except as provided for under "Transfer" or as
otherwise provided for in this MOU, in the Personnel Management Regulations, or in
specific resolutions governing deep classifications.
Director of Human Resources: The person designated by the County Administrator
to serve as the Assistant County Administrator-Director of Human Resources.
Eligible: Any person whose name is on an employment or reemployment or layoff list
for a given classification.
Employee: A person who is an incumbent of a position or who is on leave of absence
in accordance with provisions of this MOU and whose position is held pending his/her
return.
Employment List: A list of persons who have been found qualified for employment in
a specific class.
Layoff List: A list of persons who have occupied positions allocated to a class in the
Merit System and who have been involuntarily separated by layoff or displacement or
have voluntarily demoted in lieu of layoff.
Permanent-Intermittent Position: Any position which requires the services of an
incumbent for an indefinite period but on an intermittent basis, as needed, paid on an
hourly basis.
Permanent Part-Time Position: Any position which will require the services of an
incumbent for an indefinite period but on a regularly scheduled less than full time basis.
DSA RANK & FILE - 2 - 2016 – 2019 MOU
DEFINITIONS
Permanent Position: Any position which has required, or which will require the
services of an incumbent without interruption, for an indefinite period.
Project Employee: An employee who is engaged in a time limited program or service
by reason of limited or restricted funding. Such positions are typically funded from
outside sources but may be funded from County revenues. Project employees are not
covered by the Merit System and may be terminated at any time without regard to the
provisions of this Memorandum of Understanding, and without right of appeal or
hearing or recourse to the grievance procedure specified herein. Any provision of this
Memorandum of Understanding which pertains to layoff or seniority are not applicable
to project employees.
Promotion: The change of a permanent employee to another position in a class
allocated to a salary range for which the top step is higher than the top step of the class
which the employee formerly occupied, except as provided for under "Transfer" or as
otherwise provided for in this MOU, in the Personnel Management Regulations, or in
specific resolutions governing deep classes.
Position: The assigned duties and responsibilities calling for the regular full time, part-
time or intermittent employment of a person.
Reallocation: The act of reassigning an individual position from one class to another
class at the same range of the salary schedule or to a class which is allocated to
another range that is within five (5) percent of the top step, except as otherwise
provided for in the Personnel Management Regulations, deep class resolutions or other
ordinances.
Reclassification: The act of changing the allocation of a position by raising it to a
higher class or reducing it to a lower class on the basis of significant changes in the
kind, difficulty or responsibility of duties performed in such position.
Reemployment List: A list of persons, who have occupied positions allocated to any
class in the merit system and, who have voluntarily separated and are qualified for
consideration for reappointment under the Personnel Management Regulations
governing reemployment.
Resignation: The voluntary termination of permanent service with the County from a
position in the merit system.
Temporary Employment: Any employment in the merit system which will require the
services of an incumbent for a limited period of time, paid on an hourly basis, not in an
allocated position or in permanent status.
Transfer: The change of an employee who has permanent status in a position to
another position in the same class in a different department, or to another position in a
class which is allocated to a range on the salary plan that is within five percent (5%) of
the top step as the class previously occupied by the employee.
DSA RANK & FILE - 3 - 2016 – 2019 MOU
SECTION 1 - RECOGNITION
SECTION 1 - RECOGNITION
1.1 Association Recognition. The Association is the formally recognized employee
organization for the Deputy Sheriffs' Rank & File Unit and such organization has been
certified as such pursuant to Chapter 34-12 of Board of Supervisor's Resolution
81/1165.
1.2 Association Business. All elected members of the Board of the governing
body of the DSA and any general member having agendized business before the Board
requiring the member's personal appearance may be allowed to attend said Board
meeting during duty hours without any loss of pay or benefit, provided that at least
twenty-four (24) hour advance written request is made.
The first-line supervisor of the member shall be empowered to grant release time, if the
granting of same would not require added costs (i.e., overtime or replacement by a
temporary employee). Operational impact will also be considered.
SECTION 2 - ASSOCIATION SECURITY
2.1 Dues Deduction. Pursuant to Chapter 34-26 of Resolution 81/1165 only a
majority representative may have dues deduction and as such the Association has the
exclusive privilege of dues deduction for all members in its unit.
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 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. 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
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SECTION 2 - ASSOCIATION SECURITY
conscientious objection to joining or financially supporting any
public employee organization as a condition of employment; and
b. pay a sum equal to the agency shop fee described in Section
2.2.B.2 to a non-religious, non-labor, charitable fund chosen by the
employee from the following charities: Family and Children's Trust
Fund, Child Abuse Prevention Council and Battered Women's
Alternative.
C. The Association shall provide the County with a copy of the Association's
Hudson Procedure for the determination and protest of its agency shop fees.
The Association shall provide a copy of said Hudson Procedure to every fee
payer covered by this MOU within one month from the date it is approved and
annually thereafter, and as a condition to any change in the agency shop fee.
Failure by fee payor to invoke the Association's Hudson Procedure within one
month after actual notice of the Hudson Procedure shall be a waiver by the
employee of their right to contest the amount of the agency shop fee.
D. The provisions of Section 2.2.B.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 a duration of
more than thirty (30) days.
E. Annually, the Association shall file with the Director of Human Resources a
financial statement which shall include an accurate balance sheet and annual
income statement. 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 calendar
year shall result in the termination of all agency shop fee deductions without
jeopardy to any employee, until said report is filed.
F. Compliance.
1. An employee employed in or hired into a job class represented by the
Association shall be provided with an "Employee Authorization for Payroll
Deduction" form 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 Section 2.2.B.3 are not received, - and the employee has
not timely invoked the Association's Hudson Procedure, or if invoked, the
employee's Hudson Procedure rights have been exhausted - the
Association may, in writing, direct that the County withhold the agency
shop fee and the initiation fee from the employee's salary, in which case
the employee's monthly salary shall be reduced by an amount equal to the
agency shop fee and the County shall pay an equal amount to the
Association.
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SECTION 2 - ASSOCIATION SECURITY
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.
H. The County Human Resources Department shall monthly furnish a list of all new
hires to the Association.
I. In the event that employees in a bargaining unit represented by the Association
vote to rescind "Agency Shop," the provisions of Sections 2.3 and 2.4 shall apply
to dues-paying members of the Association.
2.3 Maintenance of Membership. All employees in units represented by the
Association who are currently paying dues to the Association and all employees in such
units who hereafter become members of the Association shall as a condition of
continued employment pay dues to the Association for the duration of this MOU and
each year thereafter so long as the Association continues to represent the position to
which the employee is assigned, unless the employee has exercised the option to
cease paying dues in accordance with Section 2.4.
2.4 Withdrawal of Membership. By notifying the Auditor-Controller's Department in
writing, between August 1 and August 31 of the agreed upon contract terms, any
employee may withdraw from Association membership and discontinue paying dues as
of the payroll period commencing September 1 of the current contract year,
discontinuance of dues payments to then be reflected in the October 10th paycheck of
the current contract year. Immediately upon the close of the above mentioned thirty (30)
day period the Auditor-Controller shall submit to the Association a list of the employees
who have rescinded their authorization for dues deduction.
An employee in the bargaining unit who terminates membership in the Association
shall, as a condition of continued employment, within 30 days of such termination,
comply with either Section 2.2.B.2 or 2.2.B.3, without any lapse of financial
contributions.
2.5 Communicating With Employees. The Association shall be allowed to use
designated portions of bulletin boards or display areas in public portions of County
buildings or in public portions of offices in which there are employees represented by
the Association, provided the communications displayed have to do with official
organization business such as times and places of meetings and further provided that
the Association appropriately posts and removes the information. The department head
reserves the right to remove objectionable materials after notification to and discussion
with the Association.
Representatives of the Association, not on County time, shall be permitted to place a
supply of employee literature at specific locations in County buildings if arranged
through the Labor Relations Manager; said representatives may distribute employee
organization literature in work areas (except work areas not open to the public) if the
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SECTION 2 - ASSOCIATION SECURITY
nature of the literature and the proposed method of distribution are compatible with the
work environment and work in progress. Such placement and/or distribution shall not be
performed by on duty employees.
The Association shall be allowed access to work locations in which it represents
employees for the following purposes:
a. to post literature on bulletin boards;
b. to arrange for use of a meeting room;
c. to leave and/or distribute a supply of literature as indicated above;
d. to represent an employee on a grievance, and/or to contact an Association
officer on a matter within the scope of representation.
In the application of this provision, it is agreed and understood that in each such
instance advance arrangements including disclosure of which of the above purposes is
the reason for the visit, will be made with the departmental representative in charge of
the work area, and the visit will not interfere with County services.
2.6 Use of County Buildings. The Association shall be allowed the use of areas
normally used for meeting purposes for meetings of County employees during non-work
hours when:
a. Such space is available and its use by the Association is scheduled twenty-four
(24) hours in advance;
b. there is no additional cost to the County;
c. it does not interfere with normal County operations;
d. employees in attendance are not on duty and are not scheduled for duty;
e. the meetings are on matters within the scope of representation.
The administrative official responsible for the space shall establish and maintain
scheduling of such uses. The Association shall maintain proper order at the meeting,
and see that the space is left in a clean and orderly condition.
The use of County equipment (other than items normally used in the conduct of
business meetings, such as desks, chairs, ashtrays, and blackboards) is prohibited,
even though it may be present in the meeting area.
2.7 Advance Notice. The Association shall, except in cases of emergency, have the
right to reasonable notice of any ordinance, rule, resolution or regulation directly relating
to matters within the scope of representation proposed to be adopted by the Board, or
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SECTION 3 - NO DISCRIMINATION
boards and commissions designated by the Board, and to meet with the body
considering the matter.
The listing of an item on a public agenda, or the mailing of a copy of a proposal at least
seventy-two (72) hours before the item will be heard, or the delivery of a copy of the
proposal at least twenty-four (24) hours before the item will be heard, shall constitute
notice.
In cases of emergency when the Board, or boards and commissions designated by the
Board determines it must act immediately without such notice or meeting, it shall give
notice and opportunity to meet as soon as practical after its action.
2.8 Assignment of Classes to Bargaining Units. The County shall assign new
classes in accordance with the following procedure:
a. Initial Determination. When a new class title is established, the Labor Relations
Manager 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
determination.
b. Final Determination. This 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. The Labor Relations Manager shall meet
and confer with such requesting organizations (and with other recognized
employee organizations where appropriate) to seek agreement on this matter
within sixty (60) days after the ten-day period in Subsection (b), unless otherwise
mutually agreed. Thereafter, the procedures in cases of agreement and
disagreement, arbitration referral and expenses, and criteria for determination
shall conform to those in Subsections (d) through (i) of Section 34-12.008 of
Board of Supervisors Resolution 81/1165.
SECTION 3 - NO DISCRIMINATION
There shall be no discrimination because of race, creed, color, national origin, sex,
sexual orientation or Association activities against any employee or applicant for
employment by the County or by anyone employed by the County; and to the extent
prohibited by applicable State and Federal law there shall be no discrimination because
of age. There shall be no discrimination against any disabled person solely because of
such disability unless that disability prevents the person from meeting the minimum
standards established for a position or from carrying out the duties of the position
safely.
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SECTION 4 - OFFICIAL REPRESENTATIVES
SECTION 4 - OFFICIAL REPRESENTATIVES
4.1 Attendance at Meetings. Employees designated as official representatives of
the Association shall be allowed to attend meetings held by County agencies during
regular working hours on County time as follows:
a. If their attendance is required by the County at a specific meeting;
b. if their attendance is sought by a hearing body for presentation of testimony or
other reasons;
c. if their attendance is required for meeting(s) scheduled at reasonable times
agreeable to all parties required for settlement of grievances filed pursuant to
Section 24 - Grievance Procedure of this MOU;
d. if they are designated as a grievance representative in which case they may
utilize a reasonable time at each level of the proceedings to assist an employee
to present a grievance, provided the meetings are scheduled at reasonable times
agreeable to all parties;
e. if they are designated as spokesperson or representative of the Association and
as such make representations or presentations at meetings or hearings on
wages, salaries and working conditions; provided in each case advance
arrangements for time away from the employee's work station or assignment are
made with the appropriate department head or his designee, and the County
agency calling the meeting is responsible for determining that the attendance of
the particular employee(s) is required.
4.2 Association Representatives. Official representatives of the DSA 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 Labor Relations
Manager 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 Manager, and that advance
arrangements for the time away from the work station or assignment are made with the
appropriate department head or his designee.
4.3 DSA President. A position has been placed in the Support Services Bureau for
the assignment of the current DSA president or by mutual agreement, a designee. The
emphasis in duties shall be placed on the Department's support of the County's Human
Rights Commission.
4.4 Union Release Time Bank – Limited Pilot Program.
The parties agree to continue negotiations to develop this limited pilot program for
utilization by both the Management Unit and Rank and File Units of the DSA.
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SECTION 5 - SALARIES
SECTION 5 - SALARIES
5.1 General Wages.
The base rate of pay for all classifications represented by the Deputy Sheriffs’
Association, Rank and File Unit, will be increased as follows:
A. Effective July 1, 2016, or the first of the month following 5.0%
adoption by the Board of Supervisors, whichever comes later.
B. Effective July 1, 2017 5.0%
C. Effective July 1, 2018 5.0%
D. Employees in sworn classifications listed in Attachment A with at least six (6)
steps in the salary range shall be eligible for the sixth salary step in the amount
of two and one-half percent (2.5%) upon meeting both of the following two
conditions: 1) Have a total of sixty (60) months of Contra Costa County service
in a sworn classification in the Office of the Sheriff and 2) have eighteen (18)
months at the top step of a salary range in a classification listed in Attachment A
– Deputy Sheriff’s Association Rank and File Unit Classes-Sworn Unit. Effective
January 1, 2017, the sixth salary step described in this paragraph will be
increased by two and one-half percent (2.5%) for a total sixth step of five percent
(5%) and will remain subject to the same eligibility conditions.
E. Effective January 1, 2017, employees in non-sworn classifications listed in
Attachment A with at least five (5) steps in the salary range and Sheriff’s
Dispatchers II (64WM) will be eligible for an additional salary step in the amount
of two and one-half percent (2.5%) upon meeting both of the following two
conditions: 1) Have a total of sixty (60) months of Contra Costa County service in
the Office of the Sheriff, and 2) Have eighteen (18) months at the top step of a
salary range in a classification listed in Attachment A.
F. Longevity Pay (Non-Sworn). Effective July 1, 2008, non-sworn employees at ten
(10) years of County service shall receive a two and one-half percent (2.5%)
longevity pay differential. County agrees to pay such benefit regardless of the
term of the MOU.
Effective July 1, 2012, non-sworn employees with twenty (20) years of non-sworn
County service shall receive an additional longevity pay differential of two
percent (2.0%).
G. Longevity Pay (Sworn). County and DSA agree to delete the benefits provided
for in Section 27 Physical Fitness Health Care in the 1998-2001 MOU, except as
it applies to Sheriff’s Aides, and replace it with the following language:
Upon completion of fifteen (15) years sworn service, employees shall be eligible
for a five percent (5%) base salary differential.
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SECTION 5 - SALARIES
Effective July 1, 2012, sworn employees with twenty (20) years of sworn County
service, shall receive an additional two percent (2.0%) longevity pay differential.
5.2 Entrance Salary. New employees shall generally be appointed at the minimum
step of the salary range established for the particular class of position to which the
appointment is made. However, the appointing authority may fill a particular position at
a step above the minimum of the range.
5.3 Anniversary Dates. Except as may otherwise be provided for in deep class
resolutions, anniversary dates will be set as follows:
a. New Employees. The anniversary date of a new employee is the first day of the
calendar month after the calendar month when the employee successfully
completes six (6) months service provided however, if an employee began work
on the first regularly scheduled workday of the month the anniversary date is the
first day of the calendar month when the employee successfully completes six
months service.
b. Promotions. The anniversary date of a promoted employee is determined as for
a new employee in Subsection 5.3.a above.
c. Demotions. The anniversary of a demoted employee is the first day of the
calendar month after the calendar month when the demotion was effective.
d. Transfers, Reallocations and Reclassifications. The anniversary date of an
employee who is transferred to another position or one whose position has been
reallocated or reclassified to a class allocated to the same salary range or to a
salary range which is within five (5) percent of the top step of the previous
classification, remains unchanged.
e. Reemployments. The anniversary of an employee appointed from a
reemployment list to the first step of the applicable salary range and not required
to serve a probation period is determined in the same way as the anniversary
date is determined for a new employee who is appointed the same date,
classification and step and who then successfully completes the required
probationary period.
f. Notwithstanding other provisions of this Section 5, the anniversary of an
employee who is appointed to a classified position from outside the County's
merit system at a rate above the minimum salary for the employee's new class,
or who is transferred from another governmental entity to this County's merit
system, is one (1) year from the first day of the calendar month after the
calendar month when the employee was appointed or transferred; provided
however, when the appointment or transfer is effective on the employee's first
regularly scheduled work day of that month, his/her anniversary is one (1) year
after the first calendar day of that month.
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SECTION 5 - SALARIES
5.4 Increments Within Range. The performance of each employee, except those
of employees already at the maximum salary step of the appropriate salary range, shall
be reviewed on the anniversary date as set forth in Section 5.3 to determine whether
the salary of the employee shall be advanced to the next higher step in the salary
range. Advancement shall be granted on the affirmative recommendation of the
appointing authority, based on satisfactory performance by the employee. The
appointing authority may recommend denial of the increment or denial subject to one
additional review at some specified date before the next anniversary which must be set
at the time the original report is returned.
Except as herein provided, increments within range shall not be granted more
frequently than once a year, nor shall more than one (1) step within-range increment be
granted at one time, except as otherwise provided in deep-class resolutions. In case an
appointing authority recommends denial of the within range increment on some
particular anniversary date, but recommends a special salary review at some date
before the next anniversary the special salary review shall not affect the regular salary
review on the next anniversary date. Nothing herein shall be construed to make the
granting of increments mandatory on the County. If the department verifies in writing
that an administrative or clerical error was made in failing to submit the documents
needed to advance an employee to the next salary step on the first of the month when
eligible, said advancement shall be made retroactive to the first of the month when
eligible.
5.5 Part-Time Compensation. A part-time employee shall be paid a monthly salary
in the same ratio to the full-time monthly rate to which the employee would be entitled
as a full-time employee under the provisions of this Section 5 as the number of hours
per week in the employee's part-time work schedule bears to the number of hours in the
full-time work schedule of the department.
5.6 Compensation for Portion of Month. Any employee who works less than any
full calendar month, except when on earned vacation or authorized sick leave, shall
receive as compensation for services an amount which is in the same ratio to the
established monthly rate as the number of days worked is to the actual working days in
such employee's normal work schedule for the particular month; but if the employment
is intermittent, compensation shall be on an hourly basis.
5.7 Position Reclassification. An employee who is an incumbent of a position
which is reclassified to a class which is allocated to the same range of the basic salary
schedule as is the class of the position before it was reclassified, shall be paid at the
same step of the range as the employee received under the previous classification.
An incumbent of a position which is reclassified to a class which is allocated to a lower
range of the basic salary schedule shall continue to receive the same salary as before
the reclassification, but if such salary is greater than the maximum of the range of the
class to which the position has been reclassified, the salary of the incumbent shall be
reduced to the maximum salary for the new classification. The salary of an incumbent
of a position which is reclassified to a class which is allocated to a range of the basic
salary schedule greater than the range of the class of the position before it was
reclassified shall be governed by the provisions of Section 5.9 - Salary on Promotion.
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SECTION 5 - SALARIES
5.8 Salary Reallocation & Salary on Reallocation.
A. In a general salary increase or decrease, an employee in a class which is
allocated to a salary range above or below that to which it was previously
allocated, when the number of steps remain the same, shall be compensated at
the same step in the new salary range the employee was receiving in the range
to which the class was previously allocated. If the reallocation is from one salary
range with more steps to a range with fewer steps or vice versa, the employee
shall be compensated at the step on the new range which is in the same
percentage ratio to the top step of the new range as was the salary received
before reallocation to the top step of the old range, but in no case shall any
employee be compensated at less than the first step of the range to which the
class is allocated.
B. In the event that a classification is reallocated from a salary range with more
steps to a salary range with fewer steps on the salary schedule, apart from the
general salary increase or decrease described in 5.8.A above, each incumbent
of a position in the reallocated class shall be placed upon the step of the new
range which equals the rate of pay received before the reallocation. In the event
that the steps in the new range do not contain the same rates as the old range,
each incumbent shall be placed at the step of the new range which is next above
the salary rate received in the old range, or if the new range does not contain a
higher step, at the step which is next lower than the salary received in the old
range.
C. In the event an employee is in a position which is reallocated to a different class
which is allocated to a salary range the same as, above or below the salary
range of the employee's previous class, the incumbent shall be placed at the
step in the new class which equals the rate of pay received before reallocation.
In the event that the steps in the range for the new class do not contain the same
rates as the range for the old class, the incumbent shall be placed at the step of
the new range which is next above the salary rate received in the old range; or if
the new range does not contain a higher step, the incumbent shall be placed at
the step which is next lower than the salary received in the old range.
D. In the event of reallocation to a deep class, the provisions of the deep class
resolution and incumbent salary allocations, if any, shall supersede Section 5.8.
5.9 Salary on Promotion. Any employee who is appointed to a position of a class
allocated to a higher salary range than the class previously occupied, except as
provided under Section 5.12 shall receive the salary in the new salary range which is
next higher than the rate received before promotion. In the event this increase is less
than five percent (5%), the employee's 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.
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SECTION 5 - SALARIES
In the event of the promotion of a laid off employee from the layoff list to the class from
which the employee was laid off, the employee shall be appointed at the step which the
employee had formerly attained in the higher class unless such step results in an
increase of less than five percent (5%), in which case the salary shall be adjusted to the
step in the new range which is five percent (5%) greater than the next higher step, if the
new range permits such adjustment.
5.10 Salary on Involuntary Demotion. Any employee who is demoted, except as
provided under Section 5.12, shall have his/her salary reduced to the monthly salary
step in the range for the class of position to which he has been demoted next lower
than the salary received before demotion. In the event this decrease is less than five
percent (5%), the employee's salary shall be adjusted to the step in the new range
which is five percent (5%) less than the next lower step; provided, however, that the
next step shall not be less than the minimum salary for the lower class.
Whenever the demotion is the result of layoff, cancellation of positions or displacement
by another employee with greater seniority rights, the salary of the demoted employee
shall be that step on the salary range which he/she would have achieved had he/she
been continuously in the position to which he/she has been demoted, all within-range
increments having been granted.
5.11 Salary on Voluntary Demotion. Whenever any employee voluntarily demotes
to a position in a class having a salary schedule lower than that of the class from which
he 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 Transfer. An employee who is transferred from one position to another as
described under "Transfer" shall be placed at the step in the salary range of the new
class which equals the rate of pay received before the transfer. In the event that the
steps in the range for the new class do not contain the same rates as the range for the
old class, the employee shall be placed at the step of the new range which is next
above the salary rate received in the old range; or if the new range does not contain a
higher step, the employee shall be placed at the step which is next lower than the
salary received in the old range. If the transfer is to a deep class, the provisions of the
deep class resolution on salary of transfers, if any, shall apply in lieu of the above
provisions.
5.13 Pay for Work in Higher Classification. When an employee in a permanent
position in the merit system is required to work in a classification for which the
compensation is greater than that to which the employee is regularly assigned, the
employee shall receive compensation for such work at the rate of pay established for
the higher classification pursuant to Section 5.9 - Salary on Promotion of this MOU,
commencing on the eleventh (11th) work day of the assignment, under the following
conditions:
a. The employee is assigned to a program, service, or activity established by the
Board of Supervisors which is reflected 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 becomes fully responsible for the duties of the position of the
higher classification.
c. Employee selected for the assignment will normally be expected to meet the
minimum qualifications for the higher classification.
d. Pay for work in a higher classification shall not be utilized as a substitute for
regular promotional procedures provided in this MOU.
e. The appropriate authorization form has been submitted by the Department Head
and approved by the County Administrator.
f. Higher pay assignments shall not exceed six (6) months except through
reauthorization.
g. If approval is granted for pay for work in a higher classification and the
assignment is terminated and later reapproved for the same employee within
thirty (30) days no additional waiting period will be required.
h. Any incentives (e.g., the education incentive) and special differentials (e.g.,
bilingual differential and canine differential) accruing to the employee in his/her
permanent position shall continue unless the employee is no longer performing
the duties which warrant the differentials.
i. 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.
j. 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.
5.14 Payment. On the tenth (10th) day of each month, the Auditor will draw a warrant
upon the Treasurer in favor of each employee for the amount of salary due the
employee for the preceding month; provided, however, that each employee (except
those paid on an hourly rate) may choose to receive an advance on the employee's
monthly salary, in which case the Auditor shall, on the twenty-fifth (25th) day of each
month, draw his/her warrant upon the Treasurer in favor of such employee.
The advance shall be in an amount equal to one-third (1/3) or less (at the option of the
employee) of the employee's basic salary of the previous month except that it shall not
exceed the amount of the previous month's basic salary less all requested or required
deductions.
The election to receive an advance shall be made on or before April 30 or October 31
of each year or during the first month of employment by filing on forms prepared by the
Auditor-Controller a notice of election to receive salary advance.
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SECTION 5 - SALARIES
Each election shall become effective on the first day of the month following the deadline
for filing the notice and shall remain effective until revoked.
In the case of an election made pursuant to this Section 5.14 all required or requested
deductions from salary shall be taken from the second installment, which is payable on
the tenth (10th) day of the following month.
Direct Deposit Provisions. No later than July 1, 2002, all employees shall voluntarily
authorize and make arrangements for the direct deposit of their paychecks via
electronic fund transfer into the financial institution of their choice using forms approved
by the Auditor-Controller and subject to Labor Code section 213. Employees will have
their payroll advice statements mailed to their address on file with the County.
As a condition of continued employment, all employees hired into classifications
represented by the DSA on or after July 1, 2002, shall voluntarily authorize and make
arrangements for the direct deposit of their paychecks via electronic fund transfer into
the financial institution of their choice using forms approved by the Auditor-Controller,
subject to Labor Code section 213.
Pursuant to Labor Code section 213, an individual employee having provided consent
for direct deposit as outlined above, may choose to opt out of direct deposit at a later
date. Individual employees that opt-out of direct deposit will have their pay warrant
mailed to their address on file with the County under regular County payroll procedures.
Direct Mailing of Pay Warrant and Pay Warrant Advice. The County shall distribute pay
warrants and/or pay warrant advices via United States mail. Pay warrant and pay
warrant advices shall be mailed directly to each employee’s address on file with the
County subject to the following:
1. If an employee has not received his/her pay warrant or pay warrant advice five
(5) calendar days following the mailing of said warrant or advice, and upon
request of the employee, the County shall issue a replacement pay warrant or
pay warrant advice within twenty-four (24) hours of receiving the employee’s
request for a replacement.
2. Payroll errors shall be corrected as follows:
A. Errors of two hundred dollars ($200) gross or more will be corrected within
five (5) working days.
B. Errors amounting to less than two hundred dollars ($200) gross, shall be
adjusted the next pay period.
C. The hardship requirement will no longer apply to payroll corrections.
D. Request for payroll corrections shall be forwarded by the Department, not
by the employee, to the Auditor’s Payroll Division.
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SECTION 6 - DAYS AND HOURS OF WORK
E. Payroll adjustments would be by a paper check as opposed to an
electronic transfer.
F. Items A through E above notwithstanding, the provisions of Section 36 –
Pay Warrant Errors of the current DSA MOU remain in force and effect.
3. There shall be no fee to employees for the processing of pay warrants and/or
pay warrant advices, or for the correction of payroll errors.
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. Alternate Work Schedule: An alternate work schedule is any work schedule
where an employee is regularly scheduled to work five (5) days per week, but the
employee’s regularly scheduled two (2) days off are NOT Saturday and Sunday.
C. Flexible Work Schedule: A flexible work schedule is any schedule that is not a
regular, alternate, 4/10, 9/80, or Coroner’s Bureau “Living in Positions” work
schedule and where the employee is not scheduled to work more than 40 hours
in the work week or 160 hours in the work period as defined in Subsection J.,
below.
D. 4/10 Work Schedule: A 4/10 work schedule is four (4) ten hour days in a seven
(7) day period, for a total of forty (40) hours per week.
E. 9/80 Work Schedule: A 9/80 work schedule is where an employee works a
recurring schedule of thirty-six (36) hours in one calendar week and forty-four
(44) hours in the next calendar week, but only forty (40) hours in the designated
workweek. In the thirty-six (36) hour calendar week, the employee works four (4)
nine (9) hour days and has the same day of the week off that is worked for eight
(8) hours in the forty-four (44) hour calendar week. In the forty-four (44) hour
calendar week, the employee works four (4) nine (9) hour days and one (1) eight
(8) hour day.
F. 12/80 Work Schedule: A 12/80 work schedule is ONLY available to employees
in the following classifications: Supervising Sheriff Dispatcher (64HD), Sheriff
Dispatcher I (64WK), and Sheriff Dispatcher II (64WM). A 12/80 work schedule
is where an employee works a recurring schedule of thirty-six (36) hours in one
calendar week and forty-four (44) hours in the next calendar week, but only forty
(40) hours in the designated workweek. In the thirty-six (36) hour calendar week,
the employee works three (3) twelve (12) hour days and has the same day of the
week off that is worked for eight (8) hours in the forty-four (44) hour calendar
week. That day is designated as Wednesday. In the forty-four (44) hour
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SECTION 6 - DAYS AND HOURS OF WORK
calendar week, the employee works three (3) twelve (12) hour days and one (1)
eight (8) hour day on Wednesday.
G. Coroner’s Division “Living-In Positions” Work Schedule: The work schedule
for employees in the Coroner's Division filling "living-in positions" consists of
three (3) twenty-four (24) hour shifts during a nine (9) calendar day period. The
general order of the work shifts is as follows: 24-hour on duty; 24-hour off duty;
24-hour on duty; 24-hour off duty; 24-hour on duty; followed by four (4)
consecutive days off.
H. Workweek for Employees on Regular, Flexible, Alternate, and 4/10 Work
Schedules: For employees on regular, alternate, flexible, and 4/10 work
schedules, the workweek begins at 12:01 a.m. on Monday and ends at 12
midnight on Sunday.
I. Workweek for Employees on a 9/80 Work Schedule: The 9/80 workweek
begins on the same day of the week as the employee’s eight (8) hour work day
and regularly scheduled 9/80 day off. The start time of the workweek is four (4)
hours and one (1) minute after the start time of the eight (8) hour workday. The
end time of the workweek is four (4) hours after the eight (8) hour workday start
time. The result is a workweek that is a fixed and regularly recurring period of
seven (7) consecutive twenty-four (24) hour periods (168 hours).
J. Work Period for Sworn Employees: For employees in classifications listed
under “sworn unit,” the work period is between seven and 28 consecutive days
long.
6.2 Time Changes: Pacific Standard Time/Daylight Savings Time. When the
clocks are set forward one (1) hour for the change to Daylight Savings Time, employees
working at the time of the time-change will work the same number of hours as is
normally required on that shift. This may result in a one (1) hour overlap between the
Morning Shift and Day Shift.
When the clocks are set backward one (1) hour for the change to Pacific Standard
Time, employees working at the time of the time-change will work the additional hour
when necessary. Where appropriate, overtime will be paid for said hour.
6.3 Time Reporting/Time Stamping. Permanent Intermittent (hourly) employees
must timestamp in and out as they begin their work shifts, finish their work shifts, and
take meal periods. Salaried employees will report time off and time worked for special
pays on the electronic timecard.
6.4 Time Reporting and Pay Practices Waiver.
The Association agrees to the implementation of an Automated Timekeeping System.
The Association waives its right to meet and confer regarding any impacts that may
result from the County’s implementation of the automated timekeeping system,
including but not limited to, changes to current departmental time reporting and pay
practices. The Association agrees to convert from the current payroll cycle when the
County is able to upgrade the current Payroll system or implement a new County
DSA RANK & FILE - 18 - 2016 – 2019 MOU
SECTION 7 - OVERTIME AND COMPENSATORY TIME
Payroll System.
SECTION 7 - OVERTIME AND COMPENSATORY TIME
7.1 Overtime. Permanent full-time and permanent part-time employees are entitled
to receive overtime pay for any authorized work performed in excess of the employee’s
daily number of scheduled hours. Work performed does not include non-worked hours.
All overtime pay is compensated for at the rate of one and one-half (1-1/2) times the
employee's base rate of pay, not including any differentials or shift pays. Any special
differentials which are applicable during overtime hours worked will be computed on the
employee's base rate of pay (not on the overtime rate of pay).
7.2 Compensatory Time. Effective July 1, 1996 compensatory time off is
eliminated as an option for overtime. The following applies to compensatory time
accrued as of June 30, 1996:
a. Accrued compensatory time off shall be carried over for use in subsequent fiscal
years.
b. 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.
c. 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 d.
below.
d. Since employees accrue compensatory time off at the rate of one and one-half
(1-1/2) hours for each hour of authorized overtime worked, accrued
compensatory time balances will be paid off at the straight time rate of two-thirds
the overtime rate for the employee's current salary whenever:
1. the employee separates from County service;
2. the employee retires.
e. Employees who elect to receive compensatory time credit must agree to do so
for a full fiscal year (July 1 through June 30). The employee must notify their
departmental payroll staff of any change in the election by May 31 of each year.
7.3 Straight Time Pay. Permanent full-time and permanent part-time employees
are entitled to receive straight time pay for non-scheduled hours worked in excess of
the employee’s daily number of scheduled hours, but the employee’s total daily number
of hours worked does not exceed the employee’s daily number of scheduled hours.
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SECTION 7 - OVERTIME AND COMPENSATORY TIME
Straight time pay is compensated at the rate of one (1.0) times the employee’s base
rate of pay (not including any differentials or shift pays).
7.4 Court Appearance Overtime.
A. Employees shall be compensated for off-duty court appearances on work days
as follows:
1. An employee shall be compensated with a three (3) hour overtime
minimum or actual time in court, whichever is greater, for any court
appearance that starts more than one-half hour before an employee’s
shift or more than one-half hour after the conclusion of an employee’s
shift.
2. For court appearances which begin during an employee’s shift or within a
half-hour of the start or conclusion of an employee’s shift, the employee
shall be compensated for actual time worked.
3. An employee shall be entitled to only one (1) three (3) hour minimum each
day.
B. Compensation for court appearances on scheduled days off shall be as follows:
1. An employee shall be compensated with a four (4) hour minimum or
actual time in court, whichever is greater.
2. An employee shall be entitled to not more than two (2) four (4) hour
minimums per day.
3. An employee shall be entitled to only one (1) four (4) hour minimum per
court session, e.g., one in the morning, one in the afternoon, or one in the
evening (after 6:00 p.m.).
7.5 Deputy Sheriff-Coroner Overtime. If a Deputy Sheriff assigned to the
Coroner's Division works overtime anywhere in the Office of the Sheriff, including the
Coroner’s Division, said Deputy Sheriff shall be paid overtime, calculated on the
standard hourly rate applicable to all other deputies.
7.6 Sergeant Overtime Pay. Sergeants may volunteer to work overtime in a Deputy
Sheriff assignment. Sergeants assigned to a Deputy Sheriff position will be
compensated for overtime at their current overtime rate. The above option may be
utilized only when all reasonable efforts to assign the overtime to Deputy Sheriffs have
been exhausted. Sergeants will not be forced to work overtime in a Deputy Sheriff
assignment.
DSA RANK & FILE - 20 - 2016 – 2019 MOU
SECTION 8 - CALL BACK TIME
SECTION 8 - CALL BACK TIME
A permanent full-time and permanent part-time employee who is called back to duty is
entitled to 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. An employee called back to work is entitled to receive Call Back Time pay at
the rate of one and one-half (1.5) times his/her base rate of pay (not including
differentials or shift pays) for the actual Call Back Time worked plus one (1) hour. Such
employee called back to work will be paid a minimum of two (2) hours at the appropriate
rate for each Call Back Time event.
SECTION 9 - ON-CALL DUTY
On-call duty is any time when the employee is not on duty and is not required to be on
County premises. The employee must be ready to immediately report for duty and
must arrange so that his/her superior can reach him/her on ten (10) minutes notice or
less. Employees who are assigned in writing to on-call duty and are carrying pagers will
be compensated at the rate of $272.50 per week or 8 hours compensatory time off for
each full week (7 days) of on-call assignment. The employee is entitled to the on-call
duty pay even if the employee is called back to work while assigned to on-call duty. The
method of compensation will be determined by mutual agreement between the
department and the individual employee.
SECTION 10 – SHIFT DIFFERENTIAL
10.1 Shift Differential. Permanent full-time and permanent part-time employees in
the following classifications may receive a shift differential of five percent (5%) of base
rate of pay for the employee’s entire scheduled shift when the employee is scheduled to
work for four (4) or more hours between 5:00 p.m. and 9:00 a.m.
Fingerprint Examiner I (64WH)
Fingerprint Examiner II (64VG)
Fingerprint Technician I (64WJ)
Fingerprint Technician II (64VH)
Supervising Fingerprint Examiner (64HB)
Supervising Fingerprint Technician (64HC)
Sheriff's Aide (64VF)
Sheriff's Specialist (64VE)
In order to receive the shift differential, the employee must start work between the
hours of midnight and 5:00 a.m. or between 11:00 a.m. and midnight on the day the
shift is scheduled to begin. Hours worked in excess of the employee’s scheduled
workday will count towards qualifying for the shift differential, but the employee will not
be paid the shift differential on any excess hours worked.
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SECTION 11 - SENIORITY, WORKFORCE REDUCTION, LAYOFF &
REASSIGNMENT
A. Evening Watch Shift Differential
The Evening Watch is defined as time worked between 1600 hours and 0000
hours. Permanent full-time and permanent part-time employees in the
classifications of Supervising Dispatcher (64HD), Dispatcher I (64WK), and
Dispatcher II (64WM) may receive an Evening Watch Shift Differential of five
percent (5%) of base rate of pay for the employee’s entire scheduled shift when
the employee works four (4) or more hours between 1600 and 0000 hours.
B. Morning Watch Shift Differential
The Morning Watch is defined as time worked between the hours of 0000 hours
and 0800 hours. Permanent full-time and permanent part-time employees in the
classifications of Supervising Dispatcher (64HD), Dispatcher I (64WK), and
Dispatcher II (64WM) may receive a Morning Watch Shift Differential of three
percent (3%) of base rate of pay for the employee’s entire scheduled shift when
the employee works four (4) or more hours between the hours of 0000 and 0800.
C. Hours worked in excess of the employee’s scheduled workday will count toward
qualifying for the Morning Watch Shift Differential or the Evening Watch Shift
Differential, but the employee will not be paid the differential on any excess
hours worked.
D. Permanent full-time and permanent part-time employees who commence a
vacation, paid sick leave period, paid disability or other paid leave, immediately
after working a shift that qualifies for the Shift Differential, Morning Watch Shift
Differential or Evening Watch Shift Differential, will have the differential included
in computing the pay for their time on paid leave. Employees on a rotating shift
schedule who commence a vacation, paid sick leave, paid disability, or other
paid leave will be paid the differential that they would have received had the
employees worked the scheduled shift during the period of paid leave. The
differential will only be paid during paid sick leave and paid disability as provided
above, for the first thirty (30) calendar days of each absence.
E. Relief shifts will qualify according to the base shift assigned. The relief shift
employee will not lose or gain any benefit should they be assigned to provide
relief on any other shift.
F. A Trainee’s base shift is Day Watch and does not qualify for this differential.
Trainees may qualify for the differentials described above on the first (1st) of the
month following their release from the Training Program.
The provisions detailed above do not in any way affect or reduce the rights reserved by
the Sheriff, including those outlined in Section 20- Work Scheduling, of the MOU.
DSA RANK & FILE - 22 - 2016 – 2019 MOU
SECTION 11 - SENIORITY, WORKFORCE REDUCTION, LAYOFF &
REASSIGNMENT
SECTION 11 - SENIORITY, WORKFORCE REDUCTION, LAYOFF &
REASSIGNMENT
11.1 Workforce Reduction. In the event that funding reductions or shortfalls in
funding occur in a department or are expected, which may result in layoffs, the
department will notify the Association and take the following actions:
a. Identify the classification(s) in which position reductions may be required due to
funding reductions or shortfalls.
b. Advise employees in those classifications that position reductions may occur in
their classifications.
c. Accept voluntary leaves of absence from employees in those classifications
which do not appear to be potentially impacted by possible position reductions
when such leaves can be accommodated by the department.
d. Approve requests for reduction in hours, lateral transfers, and voluntary
demotions to vacant, funded positions in classes not scheduled for layoffs within
the department, as well as to other departments not experiencing funding
reductions or shortfalls when it is a viable operational alternative for the
department(s).
e. Review various alternatives which will help mitigate the impact of the layoff by
working through the Tactical Employment Team program (TET) to:
1. Maintain an employee skills inventory bank to be used as a basis for
referrals to other employment opportunities.
2. Determine if there are other positions to which employees may be
transferred.
3. Refer interested persons to vacancies which occur in other job classes for
which they qualify and can use their layoff eligibility.
4. Establish workshops to aid laid off employees in areas such as resume
preparation, alternate career counseling, job search strategy, and
interviewing skills.
f. When it appears to the Department Head and/or Labor Relations Manager that
the Board of Supervisors may take action which will result in the layoff of
employees in a representation unit, the Labor Relations Manager shall notify the
Association of the possibility of such layoffs and shall meet and confer with the
Association regarding the implementation of the action.
DSA RANK & FILE - 23 - 2016 – 2019 MOU
SECTION 11 - SENIORITY, WORKFORCE REDUCTION, LAYOFF &
REASSIGNMENT
11.2 Separation Through Layoff.
A. Grounds for Layoff. Any employee(s) having permanent status in position(s) in
the merit service may be laid off when the position is no longer necessary, or for
reasons of economy, lack of work, lack of funds or for such other reason(s) as
the Board of Supervisors deems sufficient for abolishing the position(s).
B. Order of Layoff. The order of layoff in a department shall be based on inverse
seniority in the class of positions, the employee in that department with least
seniority being laid off first and so on.
C. Layoff By Displacement.
1. In the Same Class. A laid off permanent full time employee may displace
an employee in the department having less seniority in the same class
who occupies a permanent-intermittent or permanent part-time position,
the least senior employee being displaced first.
2. In the Same Level or Lower Class. A laid off or displaced employee who
had achieved permanent status in a class at the same or lower salary
level as determined by the salary schedule in effect at the time of layoff
may displace within the department and in the class of an employee
having less seniority; the least senior employee being displaced first, and
so on with senior displaced employees displacing junior employees.
D. Particular Rules on Displacing.
1. Permanent-intermittent and permanent part-time employees may displace
only employees holding permanent positions of the same type
respectively.
2. A permanent full time employee may displace any intermittent or part-time
employee with less seniority 1) in the same class, or 2) in a class of the
same or lower salary level if no full time employee in a class at the same
or lower salary level has less seniority than the displacing employees.
3. Former permanent full time employees who have voluntarily become
permanent part-time employees for the purpose of reducing the impact of
a proposed layoff with the written approval of the Director of 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. 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
DSA RANK & FILE - 24 - 2016 – 2019 MOU
SECTION 11 - SENIORITY, WORKFORCE REDUCTION, LAYOFF &
REASSIGNMENT
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
other classes which have been included in the deep class.
Service for layoff and displacement purposes includes only the employee's last
continuous permanent County employment. Periods of separation may not be
bridged to extend such service unless the separation is a result of layoff in which
case bridging will be authorized if the employee is reemployed in a permanent
position within the period of layoff eligibility.
Approved leaves of absence as provided for in these rules and regulations shall
not constitute a period of separation. In the event of ties in seniority rights in the
particular class in question, such ties shall be broken by length of last continuous
permanent County employment. If there remain ties in seniority rights, such ties
shall be broken by counting total time in the department in permanent
employment. Any remaining ties shall be broken by random selection among the
employees involved.
F. Eligibility for Layoff List. Whenever any person who has permanent status is laid
off, has been displaced, has been demoted by displacement or has voluntarily
demoted in lieu of layoff or displacement, or has transferred in lieu of layoff or
displacement, the person's name shall be placed on the layoff list for the class of
positions from which that person has been removed.
G. Order of Names on Layoff. First, layoff lists shall contain the names of persons
laid off, displaced, or demoted as a result of a layoff or displacement, or who
have voluntarily demoted in lieu of layoff or displacement or who have
transferred in lieu of layoff or displacement. Names shall be listed in order of
layoff seniority in the class from which laid off, displaced, demoted or transferred
on the date of layoff, the most senior person listed first. In case of ties in
seniority, the seniority rules shall apply except that where there is a class
seniority tie between persons laid off from different departments, the tie(s) shall
be broken by length of last continuous permanent County employment with
remaining ties broken by random selection among the employees involved.
H. Duration of Layoff and Reemployment Rights. The name of any person granted
reemployment privileges shall continue on the appropriate list for a period of two
(2) years. Persons placed on layoff lists shall continue on the appropriate list for
a period of two (2) years.
DSA RANK & FILE - 25 - 2016 – 2019 MOU
SECTION 11 - SENIORITY, WORKFORCE REDUCTION, LAYOFF &
REASSIGNMENT
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.
W hen a request for personnel is received from a department from which an
eligible(s) was not laid off, the appointing authority shall receive and appoint the
eligible highest on the layoff list who shall be subject to a probationary period. A
person employed from a layoff list shall be appointed at the same step of the
salary range the employee held on the day of layoff.
J. Removal of Names from Reemployment & Layoff Lists. The Director of Human
Resources may remove the name of any eligible from a reemployment or layoff
list for any reason listed below:
1. For any cause stipulated in Section 404.1 of the Personnel Management
Regulations.
2. On evidence that the eligible cannot be located by postal authorities.
3. On receipt of a statement from the appointing authority or eligible that the
eligible declines certification or indicates no further desire for appointment
in the class.
4. If three (3) offers of permanent appointment to the class for which the
eligible list was established have been declined by the eligible.
5. If the eligible fails to respond to the Director of Human Resources or the
appointing authority within ten (10) days to written notice of 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.
7. However, if the first permanent appointment of a person on a layoff list is
to a lower class which has a top step salary lower than the top step of the
class from which the person was laid off, the name of the person shall not
be removed from the layoff list. Any subsequent appointment of such
person from the layoff list shall result in removal of that person's name.
K. Removal of Names from Reemployment and Layoff Certifications. The Director
of Human Resources may remove the name of any eligible from a reemployment
or layoff certification if the eligible fails to respond within five (5) days to a written
notice of certification mailed to the person's last known address.
DSA RANK & FILE - 26 - 2016 – 2019 MOU
SECTION 12 - HOLIDAYS
11.3 Notice. The County agrees to give employees scheduled for layoff at least ten
(10) work days notice prior to their last day of employment.
11.4 Special Employment Lists. The County will establish a TET Employment Pool
which will include the names of all laid off County employees. Special employment lists
for job classes may be established from the pool. Persons placed on a special
employment list must meet the minimum qualifications for the class. An appointment
from such a list will not affect the individual's status on a layoff list(s).
11.5 Reassignment of Laid Off Employees. Employees who displaced within the
same classification from full time to part-time or intermittent status in a layoff, or who
voluntarily reduced their work hours to reduce the impact of layoff, or who accepted a
position of another status than that from which they were laid off upon referral from the
layoff list, may request reassignment back to their pre-layoff status (full time or part-time
or increased hours). The request must be in writing in accord with each department's
reassignment bid or selection process.
Employees will be advised of the reassignment procedure to be followed to obtain
reassignment back to their former status at the time of the workforce reduction. The
most senior laid off employee in this status who requests such a reassignment will be
selected for the vacancy; except when a more senior laid off individual remains on the
layoff list and has not been appointed back to the class from which laid off, a referral
from the layoff list will be made to fill the vacancy.
SECTION 12 - HOLIDAYS
12.1 Holidays Observed. The County will observe the following holidays:
A.
January 1st, known as New Year's Day
Third Monday in January, known as
Dr. M. L. King, Jr. Day
February 12th, known as Lincoln's Birthday
Third Monday in February, known as President's Day
The last Monday in May, known as Memorial Day
July 4th, known as Independence Day
First Monday in September, known as Labor Day
September 9th, known as Admission Day
Second Monday in October, known as Columbus Day
November 11th, known as Veterans Day
Fourth Thursday in November, known as Thanksgiving Day
The Friday after Thanksgiving Day
December 25th, known as Christmas Day
Such other days as the Board of Supervisors may by resolution designate as
holidays.
DSA RANK & FILE - 27 - 2016 – 2019 MOU
SECTION 12 - 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.
For employees who work in a twenty-four (24) hour operation and whose
regularly assigned schedule results in the employee working a holiday, any
holiday that falls on a Saturday will be observed on a Saturday, and any holiday
that falls on a Sunday will be observed on a Sunday.
B. Personnel represented by the DSA, except Deputy Sheriff-Recruit-Fixed Term
(6X7A), who are in the following assignments on Columbus Day, Admission Day
or Lincoln's Birthday, will not observe a holiday on those days, but will accrue
personal holiday credits:
• Investigation Division (except Orinda contract officers)
• Forensic Services Division
• Administration Division
• Coroner's Division (Sergeant only)
• Detention Division (Bureau of Administrative Services only)
• Technical Services Division (Civil Unit)
Employees will accrue eight (8) hours of personal holiday credit for each of the
three days (Columbus Day, Admission Day and Lincoln's Birthday) on which they
are in the above assignments. The credit will be accrued on the last day of the
month in which these days occur. No employee may accrue more than forty (40)
hours of personal holiday credit beginning January 1, 1988; this accrual is in
addition to that provided in Section 12.5. On separation from County service, an
employee shall be paid for any unused personal holiday credits at the
employee's then current rate of pay.
C. All Court Security Division personnel will celebrate a holiday on Columbus Day
and Admission Day. Lincoln's Birthday will be a mandatory training day for which
employees will receive eight (8) hours of personal holiday credit.
D. Personal holiday credit may be taken in one minute increments.
12.2 Holiday is NOT Worked and Holiday Falls on Scheduled Work Day
A. Holidays Observed – Full-time Employees: Full-time employees are entitled
to observe a holiday (eight (8) hours off), without a reduction in pay, whenever a
holiday is observed by the County. When a full-time employee is scheduled to
work less than eight (8) hours on a holiday and the employee observes the
holiday, the employee is also entitled to receive flexible pay at the rate of one
(1.0) times his/her base rate of pay (not including differentials) for the difference
between eight (8) hours and the hours the employee was scheduled to work on
the holiday.
DSA RANK & FILE - 28 - 2016 – 2019 MOU
SECTION 12 - HOLIDAYS
B. Holiday Observed in Excess of Eight (8) hours: When a holiday falls on a
full-time employee’s scheduled workday, the employee is entitled to only eight
(8) hours off without a reduction in pay. If the workday is a nine (9) hour day, the
employee must use one (1) hour of non-sick leave accruals. If the workday is a
ten (10) hour day, the employee must use two (2) hours of non-sick leave
accruals. If the workday is a twelve (12) hour day, the employee must use four
(4) hours of non-sick leave accruals. If the employee does not have any non-
sick leave accrual balances, leave without pay (AWOP) will be authorized.
C. Holiday 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
eight (8) hours, without a reduction in pay. For example, a part-time employee
whose position hours are 24 hours 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 less than the employee’s “Part-
Time employee’s holiday hours,” the employee is also entitled to receive flexible
pay at the rate of one (1.0) times his/her base rate of pay (not including
differentials) for the difference between the employee’s “scheduled work hours”
and the employee’s “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.
12.3 Holiday is NOT Worked and Holiday Falls on Scheduled Day Off
A. Full-Time Employee: When a holiday is observed by the County on the
scheduled day off of a full-time employee, the employee is entitled to take eight
(8) hours off, without a reduction in pay, in recognition of the holiday.
1. Employee Works on his/her Next Scheduled Work Day Following the
Holiday: When a full time employee works on his/her next scheduled
work day following the holiday, the employee is entitled to receive his/her
regular salary. The employee is also 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 a maximum of eight (8) hours.
2. Employee does NOT work on his/her Next Scheduled Work Day
Following the Holiday: When a full time employee does NOT work on
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his/her next scheduled work day following the holiday, the employee is
entitled to the day off, without a reduction in pay, in recognition of his/her
regularly scheduled day off.
3. The County retains the right to decide whether an employee will work or
not work on the next scheduled work day following a holiday.
B. Part-Time Employee: When a holiday is observed by the County on the
scheduled day off of a part time employee, the part time employee is entitled to
observe the holiday in the amount of the “Part-Time employee’s holiday hours,”
without a reduction in pay, in recognition of the holiday.
1. Employee Works on his/her Next Scheduled Work Day Following a
Holiday: When a part time employee works on his/her next scheduled
work day following a holiday, the employee is entitled to receive his/her
regular salary. The employee is also 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) up to a maximum amount of the “part-time
employee’s holiday hours”.
2. Employee does NOT work on his/her Next Scheduled Work Day
Following a Holiday: When a part time employee does NOT work on
his/her next scheduled work day following a holiday, the employee is
entitled to take the day off without a reduction in pay in recognition of
his/her regularly scheduled day off.
3. The County retains the right to decide whether an employee will work or
will not work on the next scheduled work day following a holiday.
12.4 Holiday is WORKED and Holiday Falls on Scheduled Work Day:
A. Full-Time Employee: When a full-time employee works on a holiday that falls
on the employee’s scheduled work day, the employee is entitled to receive
his/her regular salary. The employee is also entitled to receive holiday pay at the
rate of one and one half (1.5) times his/her base rate of pay (not including
differentials) or holiday compensation time at the same rate, for all hours worked
up to a maximum of eight (8) hours. When a full-time employee works on a
holiday that falls on a scheduled work day that is less than an eight (8) hour shift
(“short shift”), the employee is also entitled to receive flexible pay at the rate of
one (1.0) times his/her base rate of pay for the difference between eight (8)
hours and the employee’s “short shift” hours. When a full-time employee is
scheduled to work more than eight (8) hours on a holiday (long shift) and the
employee works more than the scheduled long shift hours, the employee is
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 beyond the long
shift hours.
B. Part-Time Employee: 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
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receive his/her regular salary. The part-time employee is also entitled to receive
holiday pay at the rate of one and one-half (1.5) times his/her base rate of pay
(not including differentials) or holiday compensatory time at the same rate for all
hours worked on the holiday, up to a maximum of eight (8) hours.
When a part-time employee is schedule to work less than the employee’s “part-
time employee’s holiday hours” on a holiday (short shift) and the employee works
that short shift, the employee is also entitled to receive flexible pay at the rate of
one (1.0) times his/her base rate of pay (not including differentials) for the
difference between the “part-time employee’s holiday hours” and the short shift.
When a part-time employee is scheduled to work more than his/her “part-time
employee’s holiday hours” on a holiday (long shift) and the employee works
more than the long shift hours, the employee is entitled to receive straight time
pay at the rate of one (1.0) times his/her base rate of pay (not including
differentials) for all hours worked beyond the long shift hours, up to a maximum
of eight (8) hours. If the same part-time employee works all of his/her long shift
hours and also works more than eight (8) hours on that holiday, then the part-
time employee is 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 that holiday beyond eight (8) hours.
12.5 Holiday is Worked and Holiday Falls on Scheduled Day Off:
A. Full-Time Employee: When a full time employee works on a holiday that falls
on the employee’s scheduled day off, the employee is entitled to receive his/her
regular salary. The employee is also 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.
1. Employee Works on his/her Next Scheduled Work Day Following the
Holiday: When a full time employee works on his/her next scheduled
work day following the holiday, the employee is entitled to receive his/her
regular salary. The employee is also 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 a maximum of eight (8) hours.
2. Employee does NOT work on his/her Next Scheduled Work Day
Following the Holiday: When a full time employee does NOT work on
his/her next scheduled work day following the holiday, the employee is
entitled to the day off, without a reduction in pay, in recognition of his/her
regularly scheduled day off.
3. The County retains the right to decide whether an employee will work or
not work on the next scheduled work day following a holiday.
B. Part-Time Employee: When a part-time employee works on a holiday that falls
on the employee’s scheduled day off, the employee is entitled to receive his/her
regular salary. The part-time employee is also entitled to receive overtime pay at
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the rate of one and one-half (1.5) times his/her base rate of pay (not including
differentials) for all hours worked.
1. Employee Works on his/her Next Scheduled Work Day Following a
Holiday: When a part-time employee works on his/her next scheduled
work day following a holiday, the employee is entitled to receive his/her
regular salary. The employee is also 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) up to a maximum amount of the “part-time
employee’s holiday hours.”
2. Employee does NOT work on his/her Next Scheduled Work Day
Following a Holiday: When a part-time employee does NOT work on
his/her next scheduled work day following a holiday, the employee is
entitled to take the day off without a reduction in pay, in recognition of
his/her regularly scheduled day off.
3. The County retains the right to decide whether an employee will work or
will not work on the next scheduled work day following a holiday.
12.6 Permanent Intermittent Employees
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 a maximum of eight (8) hours worked on the
holiday.
12.7 Holiday and Compensatory Time Provisions:
A. Employees who elect to receive holiday compensatory time credit must agree to
do so for a full fiscal year (July 1 through June 30). The employee must notify
their departmental payroll staff of any change in the election by May 31 of each
year.
B. Maximum Accruals of Holiday Compensatory Time: Holiday compensatory
time may not be accumulated in excess of two hundred eighty-eight (288) hours.
After two hundred eighty-eight (288) hours are accrued by an employee, the
employee will receive holiday pay at the rate of one and one half (1.5) times
his/her base rate of pay. Holiday compensatory time may be taken at those
dates and times determined by mutual agreement of the employee and the
Department Head or designee.
C. Use of Holiday Comp Time: Employees may utilize up to five (5) days of
accrued holiday time in conjunction with their earned two (2) week vacation.
Accrued holiday time may be taken off at times determined by mutual agreement
of the employee and the department head.
D. Pay Off of Holiday Comp Time: Holiday compensatory time will be paid off
only upon a change in status. A change in status includes, but is not limited to,
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separation, transfer to another department, reassignment to a permanent-
intermittent position, or transfer, assignment, or promotion into a position that is
not eligible for holiday compensatory time.
The Sheriff’s Department will continue its present policy of reviewing requests
made by employees for a cashout of holiday compensatory time off credits under
exigent circumstances and where appropriate will recommend to the County
Administrator that such request be granted. If the County Administrator agrees
with the Department’s recommendation, he will send the request to the Auditor-
Controller’s Office for payment. It is understood that the decision of the Sheriff-
Coroner and/or the decision of the County Administrator are not subject to the
grievance procedure.
SECTION 13 - VACATION LEAVE
13.1 Vacation Allowance. Employees in permanent positions are entitled to vacation
with pay. Accrual is based upon straight time hours of working time per calendar month
of service and begins on the date of appointment to a permanent position. Increased
accruals begin on the first of the month following the month in which the employee
qualifies. Accrual for portions of a month shall be in minimum amounts of one (1) hour
calculated on the same basis as for partial month compensation pursuant to Section
5.6 of this MOU.
Vacation credits may be taken in one (1) minute increments and may not be rounded.
Vacation 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.
13.2 Vacation Accrual Rates. For employees hired prior to January 1, 1983 the
rates at which vacation credits accrue and the maximum accumulation thereof are as
follows:
Monthly Maximum
Accrual Cumulative
Length of Service Hours Hours
Under 11 years 10 240
11 years 10-2/3 256
12 years 11-1/3 272
13 years 12 288
14 years 12-2/3 304
15 through 19 years 13-1/3 320
20 through 24 years 16-2/3 400
25 through 29 years 20 480
30 years and up 23-1/3 560
For employees hired on or after January 1, 1983, the rates at which vacation credits
accrue, and the maximum accumulation thereof, are as follows:
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Monthly Maximum
Accrual Cumulative
Length of Service Hours Hours
Under 5 years 6-2/3 160
5 through 10 years 10 240
11 years 10-2/3 256
12 years 11-1/3 272
13 years 12 288
14 years 12-2/3 304
15 through 19 years 13-1/3 320
20 through 24 years 16-2/3 400
25 through 29 years 20 480
30 years and up 23-1/3 560
Effective July 1, 1992 for employees regularly assigned and working in the Martinez
Detention Facility, West County Detention Facility, Marsh Creek Detention Facility, and
the Custody Alternative Facility, the rates at which vacation credits accrue, and the
maximum accumulation thereof, are as follows:
Monthly Maximum
Accrual Cumulative
Length of Service Hours Hours
Under 1 year 6-2/3 160
1 year 7-1/3 176
2 years 8 192
3 years 8-2/3 208
4 years 9-1/3 224
5 through 10 years 10 240
11 years 10-2/3 256
12 years 11-1/3 272
13 years 12 288
14 years 12-2/3 304
15 through 19 years 13-1/3 320
20 through 24 years 16-2/3 400
25 through 29 years 20 480
30 years and up 23-1/3 560
If an employee with less than five (5) years service is regularly assigned and working in
the Detention Division and transferred to another division, that employee shall continue
to accrue vacation credits at the same rate he/she was accruing when transferred until
he/she attains his/her fifth year anniversary date in which case the employee will accrue
at the rates specified above. If the employee returns to the Detention Division on a
regularly assigned basis, he/she will accrue vacation at the above-specified rates while
so assigned.
13.3 Accrual During Leave Without Pay. No employee who has been granted a
leave without pay 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.
Exception: Employees on unpaid military leave shall accrue vacation credits.
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13.4 Vacation Allowance for Separated Employees. On separation from County
service, an employee shall be paid for any unused vacation credits at the employee's
then current pay rate.
13.5 Pro-rated Accruals. Employees in permanent part-time and permanent-
intermittent positions shall accrue vacation benefits on a prorated basis as provided in
Resolution 81/1165, Section 32-2.006.
13.6 Vacation Leave on Reemployment from a Layoff List. Employees with six (6)
months or more service in a permanent position prior to their layoff, who are employed
from a layoff list, shall be considered as having completed six (6) months tenure in a
permanent position for the purpose of vacation leave. The appointing authority or
designee will advise the Auditor-Controller's Payroll Unit in each case where such
vacation is authorized so that appropriate Payroll system override actions can be taken.
13.7 Recovery of Vacation Accrual Overpayments/Underpayments. Effective
October 1, 1997, any and all future underpayments of vacation accruals will be
corrected and restored retroactively for up to a three (3) year period from the date of the
discovery of the error. Upon authorization from the Labor Relations Manager, the
County Auditor-Controller’s Payroll Division will make the necessary adjustments to
credit said employee with the correct amount of vacation accruals due.
In the event restoration of vacation accruals results in an amount which is equal to or
above maximum cumulative accruals allowed, the amount restored will be carried and
tracked by the employee’s department on an informal basis. It is the employee’s
responsibility to use said hours before or in tandem with his/her official vacation leave
prior to an agreed-upon date, but no later than one (1) year from the date of the
agreement between the employee and the department. At that time, any remaining
restored hours carried on an informal basis will be lost.
Effective October 1, 1997, any an all future overpayments of vacation accruals will be
corrected and recouped by the County retroactively for up to a three (3) year period
from the date of the discovery of the error. The employee will repay the County the
amount of vacation accruals due by allowing the County to deduct the amount of
overpaid vacation accruals from the employee’s current vacation accruals. If the
employee’s vacation accruals are not sufficient to cover the overpayment, personal
holiday and, if applicable, administrative leave accruals will be used. If the
aforementioned accruals are not sufficient to cover the overpayment, the County will
withhold future vacation accruals until the overpayment has been recouped.
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.
13.8 Maximum Vacation Accrual. The Department agrees to schedule vacations to
prevent loss of accrued and accruing vacation provided that the individual employee
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SECTION 14 - SICK LEAVE
gives sixty (60) calendar days advance written notice to the Division Commander that
he/she is approaching his/her maximum accrual.
SECTION 14 - SICK LEAVE
14.1 Purpose. The purpose of paid sick leave is to insure employees against loss of
pay for temporary absences from work due to illness or injury. Sick leave may be used
only as authorized; it is not paid time off which employees may use for personal
activities.
14.2 Accrual. 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 (1)
minute increments and may not be rounded. Unused sick leave credits accumulate
from year to year. When an employee is separated, other than through retirement,
accumulated sick leave credits shall be cancelled, unless the separation results from
layoff in which case the accumulated credits shall be restored if the employee is
reemployed in a permanent position within the period of his layoff eligibility.
Upon retirement, an employee's accumulated sick leave shall be converted to
retirement time on the basis of one (1) day of retirement service credit for each day of
accumulated sick leave credit.
Accumulated paid sick leave credits may be used, subject to appointing authority
approval, by an employee in pay status, but only in the following instances:
A. An employee may use paid sick leave credits when the employee is off work
because of a temporary illness or injury.
B. 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 conditions listed below. For the purposes of this
Section 14, permanent disability shall mean the employee suffers from a
disabling physical injury or illness and is thereby prevented from engaging in any
County occupation for which he or she is qualified by reason of education,
training or experience. Sick leave credits may be used under this provision only
when the following requirements are met:
1. An application for retirement due to disability has been filed with the
Retirement Board; and
2. Satisfactory medical evidence of such disability is received by the
appointing authority within thirty (30) days of the start of use of sick leave
for permanent disability. The appointing authority may review medical
evidence and order further examination as he deems necessary, and may
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terminate use of sick leave when such further examination demonstrates
that the employee is not disabled, or when the appointing authority
determines that the medical evidence submitted by the employee is
insufficient, or where the above conditions have not been met.
C. Communicable Disease. An employee may use paid sick leave credits while
under a physician's orders to remain secluded due to exposure to a
communicable disease.
D. Sick Leave Utilization for Pregnancy Disability. Every female employee shall be
entitled to at least four (4) months leave of absence on account of pregnancy
disability and to use available sick leave or vacation pay entitlements during such
leave.
1. Application for such leave must be made by the employee to the
appointing authority accompanied by a written statement of disability from
the employee's attending physician. The statement must address itself to
the employee's general physical condition having considered the nature of
the work performed by the employee, and it must indicate the date of the
commencement of the disability as well as the date the physician
anticipates the disability to terminate. The appointing authority retains the
right to medical review of all requests for such leave.
2. If a female employee does not apply for sick leave and the appointing
authority believes that the employee is not able to properly perform her
work or that her general health is impaired due to disability caused or
contributed to by pregnancy, miscarriage, abortion, childbirth or recovery
therefrom, the employee shall be required to undergo a physical
examination by a physician selected by the County, and the cost of such
examination shall be borne by the County. Should the medical report so
recommend, a mandatory leave shall be imposed upon the employee for
the duration of the disability.
3. If all accrued sick leave has been utilized by the employee, the employee
shall be considered on leave without pay. 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
date of the employee's recovery from such disability.
E. Medical and Dental Appointments. An employee may use paid sick leave credits
for medical and dental appointments as follows:
1. For working time used in keeping medical and dental appointments for the
employee's own care; and
2. For working time (not over forty (40) hours in each fiscal year) used by an
employee for pre-scheduled medical and dental appointments for an
immediate family member living in the employee's home and for children
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and parents who may reside outside of the employee's home. Such use of
sick leave credits shall be accounted for by the department on a fiscal
year basis. Any balance of the forty (40) hours remaining at the end of the
fiscal year shall not be carried over to the next year; departments shall
notify the employee if the maximum allowance is reached. Authorization to
use sick leave for this purpose is contingent on availability of accumulated
sick leave credits; it is not an additional allotment of sick leave which
employees may charge.
F. Emergency Care of Family. An employee may use paid sick leave for working
time used in cases of illness, or injury to, an immediate family member living in
the employee's home, or for children and parents who may reside outside of the
employee's home.
G. Death of Family Member. An employee may use said sick leave credits for
absence from work because of a death in the employee's immediate family, but
this shall not exceed three (3) working days plus up to two (2) days of work time
for necessary travel.
H. Definition of Immediate Family. For the purposes of this Section 14, the
immediate family shall be restricted to the spouse, son, stepson, daughter,
stepdaughter, father, stepfather, mother, stepmother, brother, sister,
grandparent, grandchild, aunt, uncle, father-in-law, mother-in-law, son-in-law,
daughter-in-law, brother-in-law, sister-in-law or domestic partner of an employee.
14.3 Administration of Sick Leave. Accumulated paid sick leave credits may not be
used in the following situations:
A. Self-inflicted Injury. For time off from work for an employee's illness or injury
caused by his or her willful misconduct.
B. Vacation. For an employee's illness or injury while the employee is on vacation
except when extenuating circumstances exist and the appointing authority
approves.
C. Not in Pay Status. When the employee would otherwise be eligible to use paid
sick leave credits but is not in a pay status.
The proper administration of sick leave is a responsibility of the employee and the
department head. The following procedures apply:
A. Employees are responsible for notifying their respective division of an absence
as early as possible prior to the commencement of their work shift and in
accordance with divisional operational requirements. Notification shall include
the reason and possible duration of the absence.
B. Employees are responsible for keeping their department informed of their
continuing condition and probable date of return to work.
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C. Employees are responsible for obtaining advance approval from their appointing
authority or designee for the schedule time of prearranged personal or family
medical and dental appointments.
The use of sick leave may be denied if these procedures are not followed. Abuse of
sick leave on the part of the employee is cause for disciplinary action. To ascertain the
propriety of claims against sick leave, the department head may make such
investigations as he deems necessary including medical verification of illness.
14.4 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 l937. An appointing authority after giving notice may place an
employee on leave if the appointing authority has filed an application for disability
retirement for the employee, or whom the appointing authority believes to be
temporarily or permanently physically or mentally incapacitated for the
performance of the employees duties.
B. An appointing authority who has reasonable cause to believe that there are
physical or mental health conditions present in an employee which endanger the
health or safety of the employee, other employees, or the public, or which impair
the employee's performance of duty, may order the employee to undergo at
County expense and on the employee's paid time, a physical, medical and/or
psychiatric examination by a licensed physician or psychologist and receive a
report of the findings on such examination. If the examining physician or
psychologist recommends that treatment for physical or mental health problems,
including leave, are in the best interests of the employee or the County in relation
to the employee overcoming any disability and/or performing his or her duties the
appointing authority may direct the employee to take such leave and/or undergo
such treatment.
C. Leave due to temporary or permanent disability shall be without prejudice to the
employee's right to use sick leave, vacation, or any other benefit to which the
employee is entitled other than regular salary. The 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 (2) 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 or
psychologist, and may consider a report of the findings on such examination. If
the report shows that such employee is physically or mentally incapacitated for
the performance of duty, the appointing authority may take such action as he
deems necessary in accordance with appropriate provisions of this MOU.
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E. Before an employee is placed on an unpaid leave of absence or suspended
because of physical or mental incapacity under (A) or (B) above, the employee
shall be given notice of the proposed leave of absence or suspension by letter or
memorandum, delivered personally or by certified mail, containing the following:
1. a statement of the leave of absence or suspension proposed;
2. the proposed dates or duration of the leave or suspension which may be
indeterminate until a certain physical or mental health condition has been
attained by the employee;
3. a statement of the basis upon which the action is being taken;
4. a statement that the employee may review the materials upon which the
action is taken;
5. a statement that the employee has until a specified date (not less than
seven (7) work days from personal delivery or mailing of the notice) to
respond to the appointing authority orally or in writing.
F. Pending response to the notice the appointing authority for cause specified in
writing may place the employee on a temporary leave of absence, with pay.
G. The employee to whom the notice has been delivered or mailed shall have seven
(7) work days to respond to the appointing authority either orally or in writing
before the proposed action may be taken.
H. After having complied with the notice requirements above, the appointing
authority may order the leave of absence or suspension in writing stating
specifically the basis upon which the action is being taken, delivering the order to
the employee either personally or by certified mail, effective either upon personal
delivery or deposit in the U.S. Postal Service.
I. An employee who is placed on leave or suspended under this section may,
within ten (10) calendar days after personal delivery or mailing to the employee
of the order, appeal the order in writing through the Director of Human
Resources to the Merit Board. Alternatively, the employee may file a written
election with the Director of Human Resources waiving the employee's right to
appeal to the Merit Board in favor of appeal to a Disability Review Arbitrator.
J. In the event of an appeal either to the Merit Board or the Disability Review
Arbitrator, the employee has the burden of proof to show that either:
1. the physical or mental health condition cited by the appointing authority
does not exist, or
2. the physical or mental health condition does exist, but it is not sufficient to
prevent, preclude, or impair the employee's performance of duty, or is not
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sufficient to endanger the health or safety of the employee, other
employees, or the public.
K. If the appeal is to the Merit Board, the order and appeal shall be transmitted by
the Director of Human Resources to the Merit Board for hearing under the Merit
Board's Procedures, Section 1114-1128 inclusive. Medical reports submitted in
evidence in such hearings shall remain confidential information and shall not be
a part of the public record.
L. If the appeal is to a Disability Review Arbitrator, the employee (and his
representative) will meet with the County's representative to mutually select the
Disability Review Arbitrator, who may be a de facto arbitrator, or a physician, or a
rehabilitation specialist, or some other recognized specialist mutually selected by
the parties. The arbitrator shall hear and review the evidence. The decision of
the Disability Review Arbitrator shall be binding on both the County and the
employee.
1. Scope of the Arbitrator's Review.
a. The arbitrator may affirm, modify or revoke the leave of absence or
suspension.
b. The arbitrator may make his decision based only on evidence
submitted by the County and the employee.
c. The arbitrator may order back pay or paid sick leave credits for any
period of leave of absence or suspension if the leave or suspension
is found not to be sustainable, subject to the employee's duty to
mitigate damages.
d. The arbitrator's fees and expenses shall be paid one-half by the
County and one-half by the employee or employee's association.
14.5 Workers' Compensation.
A. State Labor Code 4850 Pay. Law enforcement officers as defined in State Labor
Code 4850 who are members of the Contra Costa County Retirement System
continue to receive full salary benefits in lieu of temporary disability during any
absence from work which qualifies for Workers' Compensation benefits.
Currently, the maximum 4850 pay is one (1) year for any injury or illness. To be
eligible for this benefit the employee must be under the care of a physician. All
4850 pay shall be approved by the County Administrator's Office, Risk
Management Division.
B. Sick Leave and Vacation. Sick leave and vacation shall accrue in accordance
with the provision of State Labor Code 4850.
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C. 4850 Pay Beyond One Year. If an injured employee remains eligible for
Workers' Compensation temporary disability benefits beyond one year, full salary
will continue by integrating sick leave and/or vacation accruals with Workers'
Compensation benefits (use of vacation accruals must be approved by the
department and the employee). If salary integration is no longer available
because accruals are exhausted, Workers' Compensation benefits will be paid
directly to the employee as prescribed by Workers' Compensation laws.
D. Rehabilitation Integration. An injured employee who is eligible for Workers'
Compensation rehabilitation temporary disability benefits and who has
exhausted 4850 pay eligibility will continue to receive full salary by integrating
sick leave and/or vacation accruals with Workers' Compensation rehabilitation
temporary disability benefits. When these accruals are exhausted, the
rehabilitation temporary disability benefits will be paid directly to the employee as
prescribed by Workers' Compensation laws.
E. Health Insurance. The County contribution to the employee's group insurance
plan(s) continues during the 4850 pay period and during integration of sick leave
or vacation with Workers' Compensation benefits.
F. Integration Formula. 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 hrs.)
W = Statutory Workers' Compensation for a month
S = Monthly salary
14.6 Workers' Compensation & Continuing Pay for Non-Sworn Employees.
A. Waiting Period.
1. Employees who leave work as a result of an on the job injury will have the
balance of that day charged to sick leave and/or vacation accruals. This will be
considered as the last day worked for purposes of determining Workers’
Compensation benefits.
2. There is a three (3) calendar day waiting period before Workers’ Compensation
benefits commence. If the injured worker loses any time 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 day of injury, the waiting period will be the first three (3)
calendar days the employee does not work as a result 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.
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B. Continuing Pay.
1. A permanent employee shall receive 88% of regular monthly salary during any
period of compensable temporary disability absence not to exceed one year. For
accepted claims on or after January 1, 1997, the percentage of pay for
employees entitled to Workers' Compensation shall be decreased from 88% to
87%. For accepted claims on or after January 1, 2000, the percentage of pay for
employees entitled to Workers’ Compensation shall be decreased from 87% to
86%. "Compensable temporary disability absence" for the purpose of this
Section, is any absence due to work connected disability which qualifies for
temporary disability compensation under Workers' Compensation Law set forth
in Division 4 of the California Labor Code. When any disability becomes
medically permanent and stationary, the salary provided by this Section shall
terminate. The employee shall return to the County all temporary disability
payments received by him from any County funded Workers’ Compensation or
other County wage replacement program. No charge shall be made against sick
leave or vacation for these salary payments. Sick leave and vacation rights shall
not accrue for those periods during which continuing pay is received.
The maximum period of continuing pay for any one injury or illness shall be up to
one (1) year from the date of temporary disability.
If Workers' Compensation becomes taxable, the County agrees to restore the
benefit to (100% of monthly salary).
2. Continuing pay begins at the same time that temporary Workers' Compensation
starts and continues until the temporary disability ends, or until one (1) year from
the date of temporary disability payments, 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, suspension or any other action that determines
the employee is no longer employed by the County. In these instances,
employee 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.
3. Employees injured on or after the implementation date of this provision for the
majority of County employees, shall receive 80% for twelve consecutive months
from the date of injury. Employees injured after twelve consecutive from the
implementation date, shall receive 75% for twelve consecutive months from the
date of injury. Employees injured after 24 months from the initial implementation
date, shall receive 70% for twelve consecutive months from date of injury.
C. 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. Said visits are to be scheduled
contiguous to either the beginning or end of the scheduled work day whenever
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possible. This provision applies only to injuries/illnesses that have been accepted
by the County as a job connected injury.
D. Full Pay Beyond One Year. If an injured employee remains eligible for
temporary disability beyond one (1) year, the employee's applicable salary will
continue by integrating sick leave and/or vacation accruals with Workers'
Compensation benefits. If salary integration is no longer available, Workers'
Compensation benefits will be paid directly to the employee as prescribed by
Workers' Compensation laws.
E. Rehabilitation Integration. An injured employee who is eligible for Workers'
Compensation Rehabilitation Temporary Disability benefits and whose disability
is medically permanent and stationary will continue to receive his/her applicable
salary by integrating sick leave and/or vacation accruals with Workers'
Compensation Rehabilitation Temporary Disability benefits until those accruals
are exhausted. Thereafter, the Rehabilitation Temporary Disability benefits will
be paid directly to the employee.
F. Health Insurance. The County contribution to the employee's group insurance
plan(s) continues during the continuing pay period and during integration of sick
leave or vacation with Workers' Compensation benefits.
G. Method of Integration. An employee's sick leave and/or vacation charges shall
be calculated as follows: C = 8 [1 - (W ÷ S)]
C = Sick leave or vacation charge per day (in hours)
W = Statutory Workers' Compensation for a month
S = Monthly salary
14.7 Labor-Management Committee.
On May 26, 1981 the Board of Supervisors established a labor-management committee
to administer a rehabilitation program for disabled County employees. It is understood
that the benefits specified above in this Section 14 shall be coordinated with any
disabled employee's rehabilitation program.
14.8 Accrual During Leave Without Pay. No employee who has been granted a
leave without pay 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. Exception: Employees on unpaid military leave shall accrue sick leave credits.
SECTION 15 - LEAVE OF ABSENCE
15.1 Leave Without Pay. Any employee who has permanent status in the classified
service may be granted a leave of absence without pay upon written request, approved
by the appointing authority; provided, however, that leaves for pregnancy, pregnancy
disability, serious health conditions, and family care shall be granted in accordance with
applicable state and federal law.
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15.2 General Administration - Leaves of Absence. Requests for leave without pay
shall be made upon forms prescribed by the Director of Human Resources and shall
state specifically the reason for the request, the date when it is desired to begin the
leave and the probable date of return.
A. Leave without pay may be granted for up to one (1) year for any of the following
reasons:
1. Illness, disability, or serious health condition;
2. pregnancy or pregnancy disability;
3. family care;
4. to take a course of study such as will increase the employee's usefulness
on return to the position;
5. for other reasons or circumstances acceptable to the appointing authority.
B. An employee should request a leave of absence at least thirty (30) days before
the leave is to begin if the need for the leave is foreseeable. If the need is not
foreseeable, the employee must provide written notice to the employer within
five (5) days of learning of the event by which the need for a leave of absence
arises.
C. An appointing authority may extend such leave for additional periods. The
procedure in granting extensions shall be the same as that in granting the
original leave, provided that the request for extension must be made not later
than thirty (30) calendar days before the expiration of the original leave.
15.3 Family Care or Medical Leave.
A. Definitions. For medical and family care leaves of absence under Section 15,
the following definitions apply:
1. Child: A biological, adopted, or foster child, stepchild, legal ward,
conservatee, or a child who is under eighteen (18) years of age for whom
an employee stands in loco parentis or for whom the employee is the
guardian or conservator, or an adult dependent child of the employee.
2. Parent: A biological, foster, or adoptive parent, a stepparent, legal
guardian, conservator, or other person standing in loco parentis to a child.
3. Spouse: A partner in marriage as defined in Family Code Section 297.
4. Domestic Partner: As defined in Family Code Section 297.
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5. Serious Health Condition: An illness, injury, impairment, or physical or
mental condition which involves either inpatient care in a hospital, hospice
or residential health care facility or continuing treatment or continuing
supervision by a health care provider (e.g. physician or surgeon) and
which, for family care leave only, warrants the participation of a family
member to provide care during a period of treatment or supervision, as
defined by state and federal law.
6. Certification for Family Care Leave: A written communication to the
employer from a health care provider of a person for whose care the leave
is being taken which need not identify the serious health condition
involved, but shall contain:
a. the date, if known, on which the serious health condition
commenced;
b. the probable duration of the condition;
c. an estimate of the amount of time which the employee needs to
render care or supervision;
d. a statement that the serious health condition warrants the
participation of a family member to provide care during period of
treatment or supervision;
e. if for intermittent leave or a reduced work schedule leave, the
certification should indicate that the intermittent leave or reduced
work schedule leave is necessary for the care of the individual or
will assist in their recovery, and its expected duration.
7. Certification for Medical Leave: A written communication from a health
care provider of an employee with a serious health condition or illness to
the employer, which need not identify the serious health condition
involved, but shall contain:
a. the date, if known, on which the serious health condition
commenced;
b. the probable duration of the condition;
c. a statement that the employee is unable to perform the functions of
the employee's job;
d. if for intermittent leave or a reduced work schedule leave, the
certification should indicate the medical necessity for the
intermittent leave or reduced work schedule leave and its expected
duration.
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8. Comparable Positions: A position with the same or similar duties and pay
which can be performed at the same or similar geographic location as the
position held prior to the leave. Ordinarily, the job assignment will be the
same duties in the same program area located in the same city, although
specific clients, caseload, co-workers, supervisor(s), or other staffing may
have changed during an employee's leave.
B. Section 15.2 notwithstanding, any employee who has permanent status, been
employed by the County for at least twelve (12) months and who has worked at
least 1250 hours in the previous twelve (12) month period shall be granted upon
request to the appointing authority, a leave of absence due to the employee’s
serious health condition or for family care leave (FMLA) for up to twelve (12)
weeks during a rolling twelve (12) month period (measured backward from the
date an employee uses any FMLA leave) in accordance with the following
provisions:
EXAMPLE: An employee takes time away from work due to the birth of their
child in May. The leave period lasts twelve (12) weeks. In November, they are
scheduled for surgery. Their leave request in November cannot be counted
towards FMLA because they have already utilized their 12 week entitlement
during their leave in May.
1. medical leave of absence for the employee's own serious health condition
which makes the employee unable to perform the functions of the
employee's position; or
2. family care leave of absence without pay for reason of the birth of a child
of the employee, the placement of a child with an employee in connection
with the adoption or foster care of the child by the employee, or the
serious illness or health condition of a child, parent, spouse, or domestic
partner of the employee.
The employee may be asked to provide certification of the need for family
care leave or medical leave. Additional period(s) of family care or medical
leave may be granted by the appointing authority.
Notwithstanding the above, the Sheriff may in his/her sole discretion, on a
case by case basis, waive the 1250 hour requirement.
C. Intermittent Use of Leave. The twelve (12) week entitlement may be in broken
periods, intermittently on a regular or irregular basis, or may include reduced
work schedules depending on the specific circumstances and situations
surrounding the request for leave. The twelve (12) weeks may include use of
appropriate available paid leave accruals when accruals are used to maintain
pay status, but use of such accruals is not required beyond that specified in
Section 15.6.B below. When paid leave accruals are used for a medical or family
care leave, such time shall be counted as a part of the twelve (12) week
entitlement.
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D. Use for Spouse. In the situation where husband and wife are both employed by
the County, the family care or medical leave entitlement based on the birth,
adoption or foster care of a child is twelve (12) weeks each during each
calendar year period.
15.4 Pregnancy Disability Leave. Insofar as pregnancy disability leave is used
under Section 14.2.D - Sick Leave Utilization for Pregnancy Disability, that time
will not be considered a part of the twelve (12) week family care leave period.
15.5 Group Health Plan Coverage.
A. During Leave of Absence. Employees who were members of one of the group
health plans prior to commencement of their leave of absence can maintain their
health plan coverage with the County contribution by maintaining their
employment in pay status as described in Section 15.6. In order to maintain such
coverage, employees are required to pay timely the full employee contribution to
maintain their group health plan coverage, either through payroll deduction or by
paying the County directly.
B. During Medical or Family Care Leave. During the twelve (12) weeks of an
approved medical or family care leave under Section 15.3 above, the County will
continue its contribution for such health plan coverage even if accruals are not
available for use to maintain pay status as required under Section 15.6. In order
to maintain such coverage, employees are required to pay timely the full
employee contribution to maintain their group health plan coverage, either
through payroll deduction or by paying the County directly.
15.6 Leave Without Pay - Use of Accruals.
A. Sick leave accruals may not be used during any leave of absence, except as
allowed under Section 14 - Sick Leave.
15.7 Military Leave. Any employee who is required to serve as a member of the
State Militia or the United States Army, Navy, Air Force, Marine Corps, Coast Guard or
any division thereof shall be granted a military leave for the period of such service, plus
ninety (90) days. An employee who volunteers for such service shall be granted a leave
of absence if necessary in accordance with applicable state or federal laws. Upon the
termination of such service or upon honorable discharge, the employee shall be entitled
to return to his/her position in the classified service provided such still exists and the
employee is otherwise qualified, without any loss of standing of any kind whatsoever.
An employee who has been granted a military leave shall not, by reason of such
absence, suffer any loss of vacation, holiday, or sick leave privileges which may be
accrued at the time of such leave, nor shall the employee be prejudiced thereby with
reference to salary adjustments or continuation of employment. For purposes of
determining eligibility for salary adjustments or seniority in case of layoff or promotional
examination, time on military leave shall be considered as time in County service.
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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.
15.8 Return From Leave of Absence.
A. Early Return. Whenever an employee who has been granted a leave without
pay desires to return before the expiration of such leave, the employee shall
submit a request to the appointing authority in writing at least fifteen (15) days in
advance of the proposed early return provided, however, that less notification
may be approved at the discretion of the appointing authority or his/her
designee. Early return is subject to prior approval by the appointing authority.
The Human Resources Department shall be notified promptly of such return.
B. Leave of Absence Reinstatement.
Any permanent employee who requests reinstatement to the classification held
by the employee in the same department at the time the employee was granted
a leave of absence, shall be reinstated to a position in that classification and
department and then only on the basis of seniority.
C. Leave of Absence Replacement. In case of severance from service or
displacement by reason of the reinstatement of a permanent employee returning
from a leave of absence, the provisions of Section 11 - Seniority, Workforce
Reduction, Layoff, & Reassignment, seniority shall apply.
D. Reinstatement From Family Care or Medical Leave of Absence. In the case of a
family care or medical leave, an employee on a 5/40 schedule shall be reinstated
to the same or comparable position if the return to work is after no more than
ninety (90) work days of leave from the initial date of a continuous leave,
including use of accruals, or within the equivalent on an alternate work schedule.
A full time employee taking an intermittent or reduced work schedule leave shall
be reinstated to the same or comparable position if the return to work on a full
schedule is after no more than 720 hours, including use of accruals, of
intermittent or reduced work schedule leave.
At the time the original leave is approved, the appointing authority shall notify the
employee in writing of the final date to return to work, or the maximum number of
hours of leave, in order to guarantee reinstatement to the same or comparable
position. An employee on a schedule other than 5/40 shall have the time frame
for reinstatement to the same or comparable position adjusted on a pro rata
basis.
E. Shift Bidding. An employee who is on a leave of absence more than thirty (30)
days, or scheduled to be on a leave of absence of more than thirty (30) days at
the time of a quarterly sign-up, shall not be allowed to bid on a shift. Upon return,
the employee shall be placed in an available shift, at the County’s discretion.
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15.9 Appeal of Denial. The decision of the appointing authority on granting or
denying leave or early return from leave shall be subject to appeal to the Director of
Human Resources and not subject to appeal through the grievance procedure set forth
in this MOU.
15.10 Salary Review While on Leave of Absence. The salary of an employee who is
on leave of absence from a County position on any anniversary date and who has
not been absent from the position on leave without pay more than six (6) months
during the preceding year shall receive salary increments that may accrue to them
during the period of military leave.
15.11 Unauthorized Absence. An unauthorized absence from the work site or
failure to report for duty after a leave request has been disapproved, revoked, or
cancelled 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 16 - JURY DUTY AND WITNESS DUTY
16.1 Jury Duty. For purposes of this Section, jury duty shall be defined as any time
an employee is obligated to report to the court.
When called for jury duty, County employees, like other citizens, are expected to
discharge their jury duty responsibilities.
Employees shall advise their department as soon as possible if scheduled to appear for
jury duty.
If summoned for jury duty in a Municipal, Superior, or Federal Court, or a Coroners jury,
employees may remain in their regular County pay status, or they may take paid leave
(vacation, floating holiday, etc.) or leave without pay and retain all fees and expenses
paid to them.
When an employee is summoned for jury duty selection or is selected as a juror in a
Municipal, Superior or Federal Court, employees may remain in a regular pay status if
they waive all fees (other than mileage), regardless of shift assignment and the
following shall apply:
a. If an employee elects to remain in a regular pay status and waive or surrender all
fees (other than mileage), the employee shall obtain from the Clerk or Jury
Commissioner a certificate indicating the days attended and noting that fees
other than mileage are waived or surrendered. The employee shall furnish the
certificate to his department where it will be retained as a department record. No
Absence/Overtime Record is required.
b. An employee who elects to retain all fees must take leave (vacation, floating
holiday, etc.) or leave without pay. No court certificate is required but an
Absence/Overtime Record must be submitted to the department payroll clerk.
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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.
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.
When an employee is required to serve on jury duty, the County will adjust that
employee's work schedule to coincide with a Monday to Friday schedule for the
remainder of their service, unless the employee requests otherwise. Participants in 9/80
or 4/10 work schedules will not receive overtime or compensatory time credit for jury
duty on their scheduled days off.
Permanent-intermittent employees are entitled to paid jury duty leave only for those
days on which they were previously scheduled to work.
16.2 Witness Duty. Employees called upon as a witness or an expert witness in a
case arising in the course of their work or the work of another department may remain
in their regular pay status and turn over to the County all fees and expenses paid to
them other than mileage allowance or they may take vacation leave or leave without
pay and retain all fees and expenses.
Employees called to serve as witnesses in private cases or personal matters (e.g.,
accident suits and family relations) shall take vacation leave or leave without pay and
retain all witness fees paid to them.
Retention or waiver of fees shall be governed by the same provisions as apply to jury
duty as set forth in Section 16 of this MOU.
Employees shall advise their department as soon as possible if scheduled to appear for
witness duty. Permanent intermittent employees are entitled to paid witness duty only
for those days on which they were previously scheduled to work.
SECTION 17 – MEDICAL, DENTAL, AND LIFE INSURANCE
17.1 Health Plan. The County will provide group health benefits through the
California Public Employees’ Retirement System (CalPERS) for all permanent full-time
employees, and permanent part-time employees regularly scheduled to work at least
twenty (20) hours per week in classes represented by DSA. The CalPERS health care
program, as regulated by the Public Employees’ Medical and Hospital Care Act
(PEMHCA), regulations issued pursuant to PEMHCA, and the administration of
PEMHCA by CalPERS, controls on all health plan issues for employees who receive
health care coverage from CalPERS, including, but not limited to, eligibility, benefit
plans, benefit levels, minimum premium subsidies, and costs.
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17.2 Contra Costa Health Plan (CCHP). Because CCHP has met the minimum
standards required under PEMHCA and is approved as an alternative CalPERS plan
option, DSA members and COBRA counterparts may elect to enroll in CCHP under the
CalPERS plan rules and regulations.
17.3 CalPERS Health Plan Monthly Premium Subsidy. The County’s subsidy to
the CalPERS monthly health plan premiums is as provided below. The employee must
pay any CalPERS health plan premium costs that are greater than the County’s subsidy
identified in Section 17.3(A).
A. County Premium Subsidy On and After January 1, 2012. Beginning on
January 1, 2012, the amount of the County premium subsidy that is paid for
employees and eligible family members will be as follows:
1. Health Plans
Employee/Retiree/Survivor Only $ 528.18
Employee/Retiree/Survivor
& One Dependent $1,056.36
Employee/Retiree/Survivor &
Two or more Dependents $1,373.27
B. County Premium Subsidy On and After January 1, 2013. Beginning on
January 1, 2013, the County will pay the monthly premium subsidy amounts for
employees and eligible family members that are stated in section A (1) above. In
addition, if there is an increase in the Kaiser Bay Area premium for calendar year
2013, the County will pay seventy-five percent (75%) of that increase, and the
employees will pay twenty-five percent (25%) of that increase.
C. County Premium Subsidy On and After January 1, 2014. For the plan year
that begins on January 1, 2014, the County will pay a monthly premium subsidy
for each health plan that is equal to the actual dollar monthly premium subsidy
that is paid by the County as of November 30, 2013. In addition, if there is an
increase in the monthly premium charged by a health plan for 2014, the County
and the employee will each pay fifty percent (50%) of that increase. For each
calendar year thereafter, the County and the employee will each pay fifty percent
(50%) of the monthly premium increase above the 2013 plan premium.
D. Effective January 1, 2014, in the first calendar year that a new health plan is
offered, the County monthly premium subsidy will be equal to the corresponding
Kaiser monthly premium in the CalPERS region for that health plan. For each
calendar year thereafter, the County and the employee will each pay fifty percent
(50%) of the monthly premium increase that is above the plan premium for the
first year of the new plan.
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E. In the event, in whole or in part, that the above County premium subsidy
amounts are greater than one hundred percent (100%) of the applicable
premium of any plan, for any plan year, the County’s contribution will not exceed
one hundred percent (100%) of the applicable plan premium.
17.4 Dental Plan. The County may, during the term of this MOU, change dental care
providers, so long as the level of benefits provided is not reduced.
17.5 Dental Plan Contribution.
The County’s contribution to the monthly dental plan premiums shall be as provided
below. These contributions are provided only for permanent full-time and permanent
part-time employees regularly scheduled to work at least twenty (20) hours per week.
Permanent-intermittent and permanent part-time employees working less than twenty
(20) hour per week may enroll in a dental plan but are not entitled to the County’s
contribution. Any increases in dental plan costs greater than the County’s contributions
identified below during the duration of this M.O.U. shall be borne by the employee:
a. Delta, and PMI Delta Care: County will contribute seventy-seven percent (77%)
toward the monthly dental premium. Beginning on January 1, 2014, the County
will pay a monthly dental premium subsidy for each dental plan that is equal to
the actual dollar monthly premium subsidy that is paid by the County for 2013. If
there is an increase in the premium charged by a dental plan for 2014, the
County and the employee will each pay fifty percent (50%) of the increase. For
each calendar year thereafter, the County and the employee will each pay fifty
percent (50%) of the premium increase that is above the 2013 plan premium.
b. Dental Only: Employees who elect dental coverage as stated above without
health coverage will pay one cent ($.01) per month for such coverage.
Beginning on January 1, 2014, the County will pay a monthly dental premium
subsidy for each dental plan that is equal to the actual dollar monthly premium
subsidy that is paid by the County for 2013. If there is an increase in the
premium charged by a dental plan for 2014, the County and the employee will
each pay fifty percent (50%) of the increase. For each calendar year thereafter,
the County and the employee will each pay fifty percent (50%) of the premium
increase that is above the 2013 plan premium.
17.6 Orthodontia Coverage. The County will continue to offer Orthodontia coverage
to all permanent employees in classes represented by the DSA who participate in a
County dental plan. The cost for orthodontia coverage is borne 100% by each enrolled
employee. Premium payments are made by payroll deduction or direct pay, as
applicable.
17.7 Rate Information. The County Benefits Service Unit will make dental plan rate
information and, to the extent possible, CalPERS health plan rate information available
to employees and departments upon request. In addition, the County Benefits Service
Unit will publish and distribute to employees and departments information about rate
changes as they occur during the year.
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17.8 Life Insurance Benefit Under Health and Dental Plans. For permanent
employees who are enrolled in a County sponsored health or dental plan as either the
primary insured or a dependent, term life insurance in the amount of ten thousand
dollars ($10,000) will be provided by the County.
17.9 Life Insurance Contribution. The County will pay the entire premium on behalf
of permanent full-time and permanent part-time employees regularly scheduled to work
at least twenty (20) hours per week who elect health and/or dental coverage.
Permanent-intermittent and permanent part-time employees working less than twenty
(20) hours per week may participate in the Life Insurance Plan at their full personal
expense, which shall not exceed the County’s cost, provided they elect health and/or
dental coverage.
17.10 Premium Payments. Employee participation in any medical, dental, or life
insurance plan is contingent upon the employee authorizing payroll deduction by the
County of the employee’s share of the premium cost. The County's contribution to
health plan and dental plan monthly premiums are payable as follows:
A. CalPERS Plan (Includes Alternate CCHP Plan). The County's contribution to
the health plan premium is payable one (1) month in advance. If an employee’s
compensation in any month is not sufficient to pay the employee share of the
premium, the employee must make up the difference by remitting the amount
delinquent to the County. The responsibility for this payment rests solely with
the employee.
B. Dental and Life Insurance Plans. The County's contribution to the dental and
life insurance premium (as described in Sections 17.5 and 17.9) is payable
monthly. If an employee’s compensation in any month is not sufficient to pay
the employee share of the premium, the employee must make up the
difference by remitting the amount delinquent to the County. The responsibility
for this payment rests solely with the employee.
17.11 Extended Coverage. An employee on approved leave without pay shall be
allowed to continue his/her health/dental/life insurance coverage provided that the
employee shall pay their share of the monthly premium by the tenth day of each month,
during said leave.
An employee who terminates County employment is covered through the last day of the
month in which he/she is paid for County dental plans and through the last day of the
month following the month of termination for CalPERS plans. Employees who terminate
County employment may continue Group Health/Dental plan coverage to the extent
provided under the COBRA regulations.
17.12 Retirement Coverage. Upon retirement, employees may, subject to plan
requirements, remain in the same County group medical plan if immediately before their
retirement they are currently enrolled in one of the County sponsored CalPERS Health
Plans or if on authorized leave of absence without pay, they have retained continuous
coverage during the leave period.
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SECTION 17 – MEDICAL, DENTAL, AND LIFE INSURANCE
1. Government Code section 22892 applies to all employees who were hired
on or before January 1, 2007, and to all employees who are hired on or
after October 1, 2011.
2. For employees hired between January 2, 2007 and September 30, 2011,
inclusive, Government Code section 22892 does not apply, and the
following provisions apply instead:
a. As soon as practical the County will modify its agreement with the
CalPERS Health Benefit Program to incorporate the provisions of
Government Code Section 22893 for employees who are hired on
or after January 2, 2007, but before October 1, 2011.
b. Government Code Section 22893. Notwithstanding Section 22892,
the percentage of employer contribution payable for post-retirement
health benefits for any employee of a contracting agency subject to
this section shall, except as provided in Government Code Section
22893, subdivision (b), be based on the member’s completed years
of credited county service at retirement as shown in the following
table:
Credited Years
of Service
Percentage of Employer
Contribution
10 50
11 55
12 60
13 65
14 70
15 75
16 80
17 85
18 90
19 95
20 or more 100
The employee’s contribution shall be adjusted each year in accordance with
Government Code Section 22893.
The County will provide medical premium payments for employees who retire
from the County in accordance with Government Code Section 22893.
17.13 Dual Coverage.
A. CalPERS Health Plan. Employees must adhere to the rules as established by
CalPERS.
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SECTION 17 – MEDICAL, DENTAL, AND LIFE INSURANCE
B. On and after January 1, 2012, each employee and retiree may be covered by
only a single County health and/or a single County dental plan. For example, a
County employee may be covered under a single County health 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.
C. On and after January 1, 2012, each dependent may be covered by the health
and/or dental plan of only one spouse or one domestic partner. For example,
when both parents are County employees, all of their eligible children may be
covered as dependents of either, parent, but not both.
D. For purposes of this section 17.13 - Dual Coverage, "County" includes the
County of Contra Costa and all Board of Supervisors governed special districts,
such as the Contra Costa County Fire Protection District.
17.14 Employee Assistance Program. Any County contract which provides an
employee assistance program applicable to DSA represented employees, including the
present contract with Occupational Health Services, shall include the following
language: "Records, including any information whether recorded or not, pertaining to
the identity, diagnosis or treatment of any employee or the employee's family
dependent(s) which are maintained in connection with the performance of this contract
shall be confidential, even as to the employer, and disclosed only under the following
circumstances:
A. When disclosure is authorized with the written and signed consent of the
employee or the family dependent(s). Such consent must state:
1. the name of the person or organization to whom disclosure is to be made;
2. the specific type of information to be disclosed;
3. the purpose or need for such disclosure.
B. When an employee's records are subpoenaed and are not otherwise protected
by professional privileged relationships, contractor will notify the employee
whose records are subpoenaed immediately by phone, if possible, and in any
event in writing as soon as possible. Written communication shall inform the
employee of his/her access to DSA for aid if he/she so desires. Contractor will
cooperate with employee and/or his legal representative in asserting
confidentiality. Subpoenaed records will only be turned over after a court order.
The employer bears no responsibility under this paragraph.
C. Contractor agrees to operate a system of records on individuals in accordance
with all State and Federal laws pertaining to the confidentiality of alcohol, drug,
and mental health records and the Federal Privacy Act of 1974.
D. The Association is a third-party beneficiary.”
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SECTION 17 – MEDICAL, DENTAL, AND LIFE INSURANCE
17.15 Health Care Spending Account. The County will continue to offer regular full-
time and part-time (20/40 or greater) County employees the option to participate in a
Health Care Spending Account (HCSA) Program designed to qualify for tax savings
under Section 125 of the Internal Revenue Code, but such savings are not guaranteed.
The HCSA Program allows employees to set aside a pre-determined amount of money
from their paycheck for health care expenses not reimbursed by any other health
benefits plan with before-tax dollars. HCSA dollars can be expended on any eligible
medical expenses allowed by Internal Revenue Code Section 125. Any unused balance
is forfeited and cannot be recovered by the employee.
17.16 Dependent Care Assistance Program. The County will continue to offer 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 tax savings
are not guaranteed. The program allows employees to set aside up to five thousand
dollars ($5,000) of annual salary (before taxes) per calendar year to pay for eligible
dependent care (child and elder care) expenses. Any unused balance is forfeited and
cannot be recovered by the employee.
17.17 Premium Conversion Plan. The County will continue to offer 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 medical and dental premiums.
17.18 Computer Vision Care (CVC) Users Eye Exam. The County agrees to provide
to all non-sworn employees an annual eye examination on County time at County
expense provided that the employee regularly uses a video display terminal at least an
average of two (2) hours per day as certified by their department. Employees certified
for examination under this program must process their request through the Employee
Benefits Division of the Human Resources Department. Should prescription eyeglasses
be prescribed for the employee following the examination, the County agrees to
provide, at no cost, the basic coverage which includes a fifty dollar ($50) frame and
single vision lenses. Employees may, through individual arrangement between the
employee and their doctor and solely at the employee’s expense, include bifocal,
trifocal or blended lenses and other care, services or materials not covered by the Plan.
The basic plan coverage, including the examination, may be credited toward the
employee-enhanced benefit.
17.19 Prevailing Section. To the extent that any provision of this Section (Section 17
– Medical, Dental, and Life Insurance) 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 resolution or
order of the Board of Supervisors, the provision(s) of this Section (Section 17 –
Medical, Dental, and Life Insurance) will prevail.
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SECTION 18 - PROBATIONARY PERIOD
SECTION 18 - PROBATIONARY PERIOD
18.1 Length of Probation. Effective January 1, 1990, upon initial appointment all
employees, except those in the classifications listed below, will serve a one (1) year
probationary period in classifications represented by the DSA.
A. Deputy Sheriff Criminalist I (6DWA) will serve an eighteen (18) month
probationary period.
B. Effective January 1, 2014, employees promoted into the classification of Sheriff’s
Dispatcher II (64WM) will serve a six (6) month probationary period.
18.2 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.
18.3 Criteria. The probationary period shall commence from the date of appointment.
It shall not include time served in provisional or temporary appointments or any period
of continuous absence or temporary modified duty assignment exceeding fifteen (15)
calendar days, except as otherwise provided in the Personnel Management
Regulations or by law.
For those employees appointed to permanent-intermittent positions with a six (6)
months probation period, probation will be considered completed upon serving one
thousand (1,000) hours after appointment except that in no instance will this period be
less than six (6) calendar months from the beginning of probation. If a permanent-
intermittent probationary employee is reassigned to full-time, credit toward probation
completion in the full-time position shall be prorated on the basis of one hundred
seventy-three (173) hours per month.
18.4 Rejection During Probation. An employee who is rejected during the probation
period and restored to the eligible list shall begin a new probationary period if
subsequently certified and appointed.
A. Appeal from Rejection. Notwithstanding any other provisions of this section, an
employee (Probationer) shall have the right to appeal from any rejection during
the probationary period based on political or religious affiliations or opinions,
association activities, or race, color, national origin, sex, age, disability or sexual
orientation.
B. The appeal must be written, must be signed by the employee and set forth the
grounds and facts by which it is claimed that grounds for appeal exist under
subsection A and must be filed through the Director of Human Resources to the
Merit Board by 5:00 p.m. on the 7th calendar day after the date of delivery to the
employee of notice of rejection.
C. The Merit Board shall consider the appeal, and if it finds probable cause to
believe that the rejection may have been based on grounds prohibited in
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subsection A, it may refer the matter to a Hearing Officer for hearing,
recommended findings of fact, conclusions of law and decision, pursuant to the
relevant provisions of the Merit Board rules in which proceedings the rejected
probationer has the burden of proof.
D. If the Merit Board finds no probable cause for a hearing, it shall deny the appeal.
If, after hearing, the Merit Board upholds the appeal, it shall direct that the
appellant be reinstated in the position and the appellant shall begin a new
probationary period unless the Merit Board specifically reinstates the former
period.
18.5 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 MOU, without notice and without right of
appeal or hearing. If the appointing authority has not returned the probation report, or
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.
18.6 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
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SECTION 19 - PROMOTION
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.
18.7 Rejection During Probation of Laid Off Employee. An employee who has
achieved permanent status in the class before layoff and who subsequently is
appointed from the layoff list shall begin a new probationary period if subsequently
certified and appointed in a different department or classification than that from which
the employee was laid off. If the employee is rejected during the probation period, the
employee shall be automatically restored to the layoff list, unless discharged for cause,
if the rejection occurs within the employee's period of layoff eligibility.
18.8 Probationary Deputy Sheriffs into Investigation Division. Probationary
Deputy Sheriffs may be temporarily assigned to the Investigation Division. The
assignment will not interfere with the officer successfully completing both the Facility
Training Program in the Detention Division and the Field Training Program in the Patrol
Division within the probationary period. The assignment will be limited to a specific
project or detail. The period of assignment in the Investigation Division will not be
credited as a Detention assignment.
SECTION 19 - PROMOTION
19.1 Competitive Exam. Promotion shall be by competitive examination unless
otherwise provided in this MOU.
19.2 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.
19.3 Certification Rules. Beginning with promotions made after ratification of this
MOU (commencing 1989) the rule of ten (10) will be utilized for Sergeants Promotional
List. The rule of five (5) will be utilized for the Supervising Dispatcher list.
19.4 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.
19.5 Promotion Via Reclassification Without Examination. Notwithstanding other
provisions of this Section, an employee may be promoted from one classification to a
higher classification and his position reclassified at the request of the appointing
authority and under the following conditions:
a. An evaluation of the position(s) in question must show that the duties and
responsibilities have significantly increased and constitute a higher level of work.
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SECTION 20 - WORK SCHEDULING
b. The incumbent of the position must have performed at the higher level for one
(1) year.
c. The incumbent must meet the minimum education and experience requirements
for the higher class.
d. The action must have approval of the Director of Human Resources.
e. The Association approves such action.
The appropriate rules regarding probationary status and salary on promotion are
applicable.
19.6 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.
19.7 Seniority Credits. Employees who have qualified to take promotional
examinations and who have earned a total score, not including seniority credits, of
seventy percent (70%) or more, shall receive, in addition to all other credits, five one-
hundredths of one percent (.05%) for each completed month of service as a permanent
County employee continuously preceding the final date for filing application for said
examination. For purposes of seniority credits, leaves of absence shall be considered
as service. Seniority credits shall be included in the final percentage score from which
the rank on the promotional list is determined. No employee, however, shall receive
more than a total of five percent (5%) credit for seniority in any promotional
examination.
19.8 Physical Examination. County employees who are required as part of the
promotional examination process to take a physical examination, shall do so on County
time at County expense.
SECTION 20 - WORK SCHEDULING
20.1 Shift Assignment Scheduling. The following definitions shall be used for shift
assignment scheduling only:
a. Assignment. The appointment or direction to work a particular shift, as defined
herein.
b. Bidding System. The manner in which assignments to shifts are determined
pursuant to provisions of this MOU.
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SECTION 20 - WORK SCHEDULING
c. Shifts. A regularly assigned tour of duty with an established starting and ending
time for each work day.
d. Seniority. An employee's seniority within a class shall be determined by the
length of continuous employment in that class.
20.2 Patrol, Detention, Technical Services, and Court Security Division
Scheduling. The policy and procedures for establishing a work schedule for Deputies
and Sergeants assigned to the Detention Division and Patrol Division (including
Contract Cities), and Dispatchers and Supervising Dispatchers assigned to the
Technical Services Division, and Sheriff’s Aides assigned to the Detention Division, will
be as follows:
a. Length of Shifts.
i. The bidding of shifts for Deputies, Sergeants, and Sheriff’s
Aides shall take place on a bi-annual basis. The shift periods
will be:
January – June, July – December
ii. The bidding of shifts for Dispatchers and Supervising
Dispatchers shall take place on a tri-annual basis. The shift
periods will be:
January – April, May - August
September – December
b. Selection of Shifts. Personnel shall bid for their shifts and days off based on
their seniority. In the Patrol Division, personnel shall also bid for a particular sub-
station based on their seniority.
c. Transfers.
1. Personnel transferred into Patrol or Detention Division following the
establishment of the sign-up will be assigned to a vacant slot.
2. A reassignment of patrol personnel from one substation to another does
not constitute a transfer.
3. All sergeants and deputies receiving notification of an interdivisional
transfer will be allowed to sign up for the next full schedule in their
division. If the notification of transfer is made after a sign-up has started
but not completed or implemented, the transferee will be assigned to a
vacant slot.
d. Exceptions. The Sheriff reserves the right to make exceptions and assign shifts
as necessary in the following circumstances:
1. Emergency situations that may arise.
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2. To correct an obvious imbalance in the experience level of personnel
assigned to any given shift.
3. To assign personnel to certain shifts. These are personnel assigned to
certain specialized duties including, but not necessarily limited to those
assigned as:
a) Canine handlers
b) Marine patrol personnel
c) Relief Shift personnel
d) Special Weapons & Tactics team members
e) Supply and Services Deputy
f) Bus Drivers
g) Dispatch Training supervisor
h) Data Base Maintenance Dispatcher
The present practice of choosing persons for specialized positions shall
continue in part as memorialized by the memorandum labeled
"Specialized Assignments", executed by the Sheriff on June 17, 1985
shown herein as Attachment B.
4. To provide for retraining of any personnel whose job performance is
substandard or unsatisfactory.
5. To compensate for vacancies, absences due to injury, illness, leave of
absence or emergency leave.
6. In any circumstances where the duties and responsibilities of the office
cannot be carried out without adjusting work schedules.
e. Detention Division Transfer Policy.
1. Initial Assignment and Detention Division Transfer Policy - Newly hired
Deputy Sheriffs are assigned to the Custody Services Bureau for a
minimum of eighteen (18) months. A newly hired “lateral” Deputy Sheriff
who has a minimum of one (1) year permanent, full time county or
municipal public safety patrol experience within the preceding three (3)
year period, may at the Sheriff’s sole discretion, be initially assigned to the
Patrol Division for a minimum eighteen (18) month assignment or the
Court Security Division for an initial period of thirty-six (36) months.
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2. To balance staffing needs, Deputy Sheriffs may be transferred to the
Detention Division in order of reverse "Detention Seniority"; persons with
the least amount of Detention Division seniority being at the top of the
transfer list.
3. Any Deputy Sheriff wishing to transfer to Patrol shall be given priority
based upon their “Detention Seniority”; persons with the most amount of
Detention Division seniority being at the top of the transfer list.
4. A Deputy Sheriff with 20 years seniority as a Deputy Sheriff with Contra
Costa County is exempt from mandatory transfer to the Patrol Division or
the Detention Division, except as provided in 5. below.
5. A Deputy assigned to a contract city is exempt from mandatory transfer to
the Detention Division during the first four (4) years of assignment to the
city. If during the first four (4) years of city assignment the deputy would
have been scheduled to transfer to the Detention Division, that transfer is
deferred until completion of the four (4) year assignment. A deputy who
reaches his/her 20th year of department seniority during this "deferred
transfer" status does not become exempt from rotation to Detention, and
will be required to serve up to an 18-month assignment in Detention.
f. Court Security Division Transfer Policy. A Deputy assigned to the Court Security
Division is exempt from mandatory transfer to the Detention Division during the
first three (3) years of assignment to the Court. If during the first three (3) years
of Court assignment the deputy would have been scheduled to transfer to the
Detention Division, that transfer is deferred until completion of the three (3) year
assignment. A Deputy who reaches his/her twentieth (20th) year of department
seniority during this “deferred transfer” status does not become exempt from
rotation to Detention and will be required to serve up to an eighteen (18) month
assignment in Detention.
In the event that the Department fails to receive voluntary applicants for
transfer/assignment to the Court Security Division, the Department may, in its
discretion, assign deputies to the Court Security Division as follows:
(b) Newly hired deputies may be assigned directly to the Court Security
Division as their initial assignment with the Department; or
(c) The Department may select deputies in accordance with the following
procedures:
(i) The deputies with the least amount of seniority with the Department
shall be assigned to the Court Security Division.
(ii) Employees to be excluded from consideration by the selection
committee include: deputies obligated to contract positions,
deputies in critical positions as determined by the Sheriff or his
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SECTION 20 - WORK SCHEDULING
designee, and deputies who have declared in writing that it is their
intent to retire within the next calendar year provided that the
deputy has not previously declared the intent to retire.
(iii) It is understood that a deputy who has been involuntarily
transferred to the Court Security Division and has worked within
that Division for a full year can request to transfer out of the Court
Security Division.
20.3 Transportation Bureau. With regard to assignments to the Transportation
Bureau, the Department may require an eighteen (18) month minimum assignment.
The Department will use the Selection Committee procedures, on a Department-wide
basis, for filling the positions. The current practices involving the requirement that new
personnel acquire and maintain a Class B license, and County provision of time and
costs for such acquisition and maintenance (e.g., release time and medical tests) shall
continue.
20.4 Investigation Division Home Garaging. All sworn employees in this bargaining
unit assigned to field responsibilities in the Investigation Division will be allowed to
home garage their assigned automobiles. It is understood that the Department will
establish reasonable written policy and procedures consistent with County policy and
operational needs.
20.5 Investigations Division Scheduling. All sworn personnel assigned to
Investigations shall work a standard, five-day forty (40) hour work week.
20.6 Classification Scheduling. All sworn personnel assigned to Classification shall
work a five-day forty (40) hour work week.
20.7 Internal Affairs Scheduling. Sworn personnel assigned to Internal Affairs shall
work a standard five-day forty (40) hour work week.
20.8 Selection of Shifts. Personnel may bid within their assigned team for starting
times by seniority.
20.9 Length of Shift. Shifts shall be bid upon, within each team, quarterly.
20.10 Transfers. Except in unusual conditions, transfers will take effect on the first
Monday of a calendar quarter to coincide with shift changes in the Patrol Division.
Newly assigned personnel shall fill an open position and will be subject to that position's
starting time until the next quarterly shift sign-up.
20.11 Court Security/Detention Time. Deputy Sheriffs assigned to the Court
Services Division will receive Detention credit.
20.12 Dispatch Reopener. The parties agree to reopen those provisions of this
M.O.U. pertaining to the terms and conditions of employment for the Sheriff’s
Dispatcher classifications in the event of a consolidation of Sheriff Dispatch operations
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SECTION 21 - TRANSFER
with Fire dispatch operations.
SECTION 21 - TRANSFER
21.1 Criteria. The following conditions are required in order to qualify for transfer:
a. The position shall be in the same class, or if in a different class shall have been
determined by the Director of Human Resources to be appropriate for transfer on
the basis of minimum qualifications and qualifying procedure;
b. the employee shall have permanent status in the merit system and shall be in
good standing;
c. the appointing authority or authorities involved in the transaction shall have
indicated their agreement in writing;
d. the employee concerned shall have indicated agreement to the change in
writing;
e. the Director of Human Resources shall have approved the change.
Notwithstanding the foregoing, transfer may also be accomplished through the regular
appointment procedure provided that the individual desiring transfer has eligibility on a
list for a class for which appointment is being considered.
21.2 Procedure. Any employee or appointing authority who desires to initiate a
transfer may inform the Director of Human Resources in writing of such desire stating
the reasons therefore. The Director of Human Resources shall, if he considers that the
reasons are adequate and that the transfer will be for the good of the County service
and the parties involved, inform the appointing authority or authorities concerned and
the employee of the proposal and may take the initiative in accomplishing the transfer.
21.3 Sheriff’s Aide/Specialist Transfers. When a Sheriff’s Aide or Sheriff’s
Specialist vacancy occurs in any Division, the vacancy will be announced through the
Bid/Transfer process. The announcement will include a brief job description, a contact
in the Division where the vacancy exists, the hours of operation, location, and the
closing date of the Bid/Transfer period. Interested individuals will submit their interest in
writing to the Sheriff’s Chief of Management Services or his/her designee within the
time frame listed in the vacancy.
Only Sheriff’s Aides with one (1) year in their present position may qualify for Aide
openings; only Sheriff’s Specialists with one (1) year in their present position may
qualify for Specialist’s openings. If no interested Aides or Specialists with one (1) year
in their current assignment apply or are deemed qualified, incumbents with less than
one (1) year in their current assignment will be considered. Sheriff’s Aides are
encouraged to apply for any Specialist examinations administered through the County
merit system, but are not eligible for direct transfer into Specialist positions.
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SECTION 22 - RESIGNATIONS
The Selection Committee for Aides and Specialists will be comprised of a
representative of the Personnel and Finance Division, the Division Commander of the
Unit with the vacancy or his/her designee, a representative of the relevant employee
association (non-voting), and other participants at the discretion of the Division
Commander.
The Selection Committee will evaluate the qualification of applicants for Sheriff’s Aide
and Sheriff’s Specialist assignments and provide a recommended ranking to the Sheriff.
If no interest is shown by department employees or if the Selection Committee, with the
concurrence of the Sheriff, determines that none of the applicants are qualified, the
Sheriff’s Chief of Management Services or his/her designee may request that Human
Resources – Personnel Services Unit open a recruitment.
SECTION 22 - RESIGNATIONS
An employee's voluntary termination of service is a resignation. Written resignations
shall be forwarded to the Human Resources Department by the appointing authority
immediately on receipt, and shall indicate the effective date of termination. Oral
resignation shall be immediately confirmed by the appointing authority in writing to the
employee and to the Human Resources Department and shall indicate the effective
date of termination.
22.1 Resignation in Good Standing. A resignation giving the appointing authority
written notice at least two (2) weeks in advance of the last date of service (unless the
appointing authority requires a longer period of notice, or consents to the employee's
terminating on shorter notice) is a resignation in good standing.
22.2 Constructive Resignation. A constructive resignation occurs and is effective
when:
a. An employee has been absent from duty for five (5) consecutive working days
without leave, and;
b. Five (5) more consecutive work days have elapsed without response by the
employee after the mailing of a notice of resignation by the appointing authority
to the employee at the employee's last known address.
22.3 Effective Resignation. A resignation is effective when delivered or spoken to
the appointing authority, operative either on that date or another date specified.
22.4 Revocation. A resignation that is effective is revocable only by written
concurrence of the employee and the appointing authority.
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22.5 Coerced Resignations.
A. Time Limit. A resignation which the employee believes has been coerced by the
appointing authority may be revoked within seven (7) calendar days after its
expression, by serving written notice on the Director of Human Resources and a
copy on the appointing authority.
B. Reinstatement. If the appointing authority acknowledges that the employee
could have believed that the resignation was coerced, it shall be revoked and the
employee returned to duty effective on the day following the appointing
authority's acknowledgment without loss of seniority or pay.
C. Contest. Unless within seven (7) days of the receipt of the notice, the appointing
authority acknowledges that the resignation could have been believed to be
coerced, this question should be handled as an appeal to the Merit Board. In the
alternative, the employee may file a written election with the Director of 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 24 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 23 - DISMISSAL, SUSPENSION & DEMOTION
23.1 Cause for Disciplinary Action.
The appointing authority may dismiss, suspend, demote, or reduce within class, any
employee for cause. The following are sufficient causes for such action; the list is
indicative rather than inclusive of restrictions and dismissal, suspension, reduction or
demotion may be based on reasons other than those specifically mentioned:
a. absence without leave,
b. conviction of any criminal act involving moral turpitude,
c. conduct tending to bring the merit system and/or Office of the Sheriff-Coroner
into disrepute,
d. disorderly or immoral conduct,
e. incompetence or inefficiency,
f. insubordination,
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g. being at work under the influence of liquor or drugs, carrying onto the premises
liquor or drugs or consuming or using liquor or drugs during work hours and/or on
County premises,
h. neglect of duty, (i.e. non-performance of assigned responsibilities),
i. negligent or willful damage to public property or waste of public supplies or
equipment,
j. violation of any lawful or reasonable regulation or order given by a supervisor or
department head,
k. willful violation of any of the provisions of the merit system ordinance or
Personnel Management Regulations,
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.
23.2 Skelly Requirements - Notice of Proposed Action (Skelly Notice). Before
taking a disciplinary action to dismiss, suspend for more than five (5) work days (four
(4) work days for employees on 4-10 work week; three (3) work days for employees on
a 3-12 work week), demote or reduce within class an employee, the appointing
authority shall cause to be served personally or by certified mail, on the employee, a
Notice of Proposed Action, which shall contain the following:
a. A statement of the action proposed to be taken.
b. A copy of the charges; including the acts or omissions and grounds upon which
the action is based.
c. If it is claimed that the employee has violated a rule or regulation of the County,
department or district, a copy of said rule shall be included with the notice.
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d. A statement that the employee may review and request copies of materials upon
which the proposed action is based.
e. A statement that the employee has seven (7) calendar days to respond to the
appointing authority either orally or in writing.
23.3 Employee Response. The employee upon whom a Notice of Proposed Action
has been served shall have seven (7) calendar days to respond to the appointing
authority either orally or in writing before the proposed action may be taken. Upon
request of the employee and for good cause, the appointing authority may extend in
writing the period to respond. If the employee's response is not filed within seven (7)
days or during any extension, the right to respond is lost.
23.4 Leave Pending Employee Response. Pending response to a Notice of
Proposed Action within the first seven (7) days or extension thereof, the appointing
authority for cause specified in writing may place the employee on temporary leave of
absence, with pay.
23.5 Length of Suspension. Suspensions without pay shall not exceed thirty (30)
days unless ordered by an arbitrator, an adjustment board or the Merit Board.
23.6 Procedure on Dismissal, Suspension or Disciplinary Demotion.
A. In any disciplinary action to dismiss, suspend, 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, 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 or demoted, either
personally or by certified mail to the employee's last known mailing address. The
order shall be effective either upon personal service or deposit in the U.S. Postal
Service.
C. Employee Appeals from Order. The employee may appeal an order of
dismissal, suspension or demotion either to the Merit Board or through the
procedures of Section 24 - Grievance Procedure of this MOU provided that such
appeal is filed in writing with the 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 24 of this MOU.
SECTION 24 - GRIEVANCE PROCEDURE
24.1 Definition. A grievance is any dispute which involves the interpretation or
application of any provision of this MOU excluding, however, those provisions of this
MOU which specifically provide that the decision of any County official shall be final, the
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interpretation or application of those provisions not being subject to the grievance
procedure. The Association may represent the employee at any stage of the process.
Grievances must be filed within thirty (30) days of the incident or occurrence about
which the employee claims to have a grievance and shall be processed in the following
manner:
Step 1. Any employee or group of employees who believes that a provision of this
MOU has been misinterpreted or misapplied to his or her detriment shall discuss the
complaint with the employee's immediate supervisor, who shall meet with the employee
within five (5) days of receipt of a written request to hold such meeting.
Step 2. If a grievance is not satisfactorily resolved in Step 1 above, the employee may
submit the grievance in writing within ten (10) work days to such management official as
the department head may designate. This formal written grievance shall state which
provision of the MOU has been misinterpreted or misapplied, how misapplication or
misinterpretation has affected him or her to his or her detriment, and the redress he or
she seeks. A copy of each written communication on a grievance shall be filed with the
Employee Relations Officer or designee. The department head or his or her designee
shall have ten (10) work days in which to respond to the grievance in writing.
Step 3. If a grievance is not satisfactorily resolved in Step 2 above, the employee may
appeal in writing within seven (7) work days to the Employee Relations Officer or
designee. The Employee Relations Officer or designee shall have twenty (20) work
days in which to investigate the merit of the complaint and to meet with the department
head and the employee and attempt to settle the grievance and respond in writing.
Step 4. No grievance may be processed under this Step 4 which has not first been filed
and investigated in accordance with Step 3 above and filed within seven (7) work days
of the written response of the Employee Relations Officer or designee. If the parties are
unable to reach a mutually satisfactory accord on any grievance which arises and is
presented during the term of this MOU, such grievance shall be submitted in writing
within seven (7) work days to an Adjustment Board comprised of three (3) Association
representatives, no more than two (2) of whom shall be either an employee of the
County or an elected or appointed official of the Association presenting this grievance,
and three (3) representatives of the County, no more than two (2) of whom shall be
either an employee of the County or a member of the staff of an organization employed
to represent the County in the meeting and conferring process. The Adjustment Board
shall meet and render a decision within twenty (20) work days of receipt of the written
request.
Step 4 of the grievance procedure may be waived by the written mutual agreement of
the parties.
Step 5. If an Adjustment Board is unable to arrive at a majority decision, either the
employee (or the County, when alleging a violation of Section 24.5) may require that the
grievance be referred to an impartial arbitrator who shall be designated by mutual
agreement between the employee and the Employee Relations Officer or designee.
Such request shall be submitted within twenty (20) work days of the rendering of the
Adjustment Board decision. Within twenty (20) days of the request for arbitration the
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parties shall mutually select an arbitrator. The fees and expenses of the arbitrator and
of the Court Reporter shall be shared equally by the employee and the County. Each
party, however, shall bear the costs of its own presentation, including preparation and
post hearing briefs, if any.
If the parties cannot initially agree on a neutral arbitrator, either may request a list of five
(5) arbitrators from the State Mediation and Conciliation Service. If they cannot agree
on an arbitrator from that list, they shall strike alternatively from the list, with the first to
strike to be determined by lot, and the last remaining name shall be the arbitrator.
Scope of Adjustment Board and Grievance Arbitration Decisions.
A. Decisions of Adjustment Boards and arbitrators on matters properly before them
shall be final and binding on the parties hereto, to the extent permitted by law.
B. No Adjustment Board and no arbitrator shall entertain, hear, decide or make
recommendations on any dispute unless such dispute involves a position in a
unit represented by the Union which has been certified as the recognized
employee organization for such unit and unless such dispute falls within the
definition of a grievance as set forth in Subsection 24.1 above.
C. Proposals to add to or change this MOU or to change written agreements
supplementary hereto shall not be arbitrable and no proposal to modify, amend,
or terminate this MOU, nor any matter or subject arising out of or in connection
with such proposals, may be referred to arbitration under this Section. Neither
any Adjustment Board nor any arbitrator shall have the power to amend or
modify this MOU or written agreements supplementary hereto or to establish any
new terms or conditions of employment.
D. If the Employee Relations Officer or designee in pursuance of the procedures
outlined in Step 3 above, or the Adjustment Board in pursuance of the provisions
of Step 4 above resolve a grievance which involves suspension or discharge,
they may agree to payment for lost time or to reinstatement with or without
payment for lost time.
E. No change in this MOU or interpretations thereof (except interpretations resulting
from Adjustment Board or arbitration proceedings hereunder) will be recognized
unless agreed to by the County and the Union.
24.2 Notice to Association. An official, with whom a formal grievance is filed by a
grievant who is included in a unit represented by the Association, but is not represented
by the Association in the grievance, shall give the Association a copy of the formal
presentation.
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24.3 Immediate Arbitration.
A. The DSA may waive the grievance procedure time limits specified in this Section
and proceed to Immediate Arbitration in any case where the DSA alleges that the
County is in violation of this Agreement in so short a period of time as to disallow
the DSA from proceeding within the time limits of this Section. That is, the
situation is one where damages or back pay is not an appropriate remedy, one of
"irreparable injury". For example, grievances involving disciplinary actions where
there is a loss of pay, compensation claims, and the like will not be processed
under the provisions of this section. However, the method of proceeding to
Immediate Arbitration must be done consistent with the following provisions.
B. The affected employee(s), or the DSA, must first attempt to resolve the matter by
meeting with the appropriate supervisor/manager, at the Division level.
C. If the matter is not resolved, the DSA only may file a demand for Immediate
Arbitration.
D. The arbitration shall take place no earlier than the fifteenth (15th) day following
the request by the DSA for such Immediate Arbitration, unless otherwise
mutually agreed. During the two week period (fourteen calendar days)
immediately following the request for Immediate Arbitration, the responding party
shall have the opportunity to attempt to resolve the dispute.
E. Where the County is the responding party, the Sheriff and Employee Relations
Officer, or their designated representatives jointly, shall have the opportunity to
meet with or otherwise communicate with appropriate DSA representatives, in an
attempt to resolve the dispute. At this meeting the parties shall provide to each
other as much information pertinent to this case as is reasonably possible.
F. Once the request for Immediate Arbitration is filed, the parties shall (even though
dispute resolution discussions are going on during the two week period) attempt
to agree upon a neutral arbitrator and to obtain a date for arbitration hearing as
soon as possible immediately following the two week period.
G. The parties will attempt to have a standing list of available Immediate Arbitrators.
If the parties are unable to agree on an arbitrator, the parties shall obtain a list of
five (5) names from the State Mediation and Conciliation Service. Each party
may strike one name from the list and of those arbitrators remaining on the list,
the arbitrator who can first hear the matter shall be selected. The parties may, by
mutual agreement, use another method of selecting the arbitrator.
H. The arbitrator shall have only the authority to decide issues involving the
interpretation or application of this MOU as described in Subsection A herein.
Furthermore, the arbitrator shall not have the authority to add to, subtract from,
change, or modify any provision of this MOU. This provision does not expand
what is arbitrable under this MOU.
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I. Unless the parties agree otherwise, closing argument shall be presented orally at
the end of the hearing, and if possible, the arbitrator shall issue his ruling
immediately thereafter.
J. Nothing herein shall preclude the parties from attempting to resolve the dispute
while the grievance is pending.
K. The parties shall attempt to have the arbitration proceedings completed as
quickly as possible.
L. Only four (4) such Immediate Arbitrations (as opposed to demands for
immediate arbitration) may be held in any fiscal year (July 1 - June 30). However,
the parties may mutually agree on Immediate Arbitration, which shall not count
as one of the four.
M. Until such time as four (4) arbitrations in a fiscal year have been held pursuant to
this section, the DSA agrees not to seek injunctive relief to preserve the
jurisdiction of the arbitrator.
N. If either party must file a petition to compel immediate arbitration (under Section
24.3) because of the refusal of the other party to agree to such immediate
arbitration, then the losing party (petitioner or respondent) shall pay reasonable
attorney fees and costs to the other party, not to exceed a maximum of $3,000.
24.4 Compensation Complaints. All complaints involving or concerning the
payment of compensation shall be initially filed in writing with the Employee Relations
Officer or designee. Only complaints which allege that employees are not being
compensated in accordance with the provisions of this MOU shall be considered as
grievances. Any other matters of compensation are to be resolved in the meeting and
conferring process, if not detailed in the MOU which results from such meeting and
conferring process shall be deemed withdrawn until the meeting and conferring process
is next opened for such discussion. No adjustment shall be retroactive for more than six
(6) months from the date upon which the complaint was filed.
No change in this MOU or interpretations thereof (except interpretations resulting from
Adjustment Board proceedings hereunder) will be recognized unless agreed to by the
County and the Association.
24.5 Strike/Work Stoppage. During the term of this MOU, the Association, its
members and representatives, agree that it and they will not engage in, authorize,
sanction, or support any strike, slowdown, stoppage of work, sickout, or refuse to
perform customary duties.
In the case of a legally declared lawful strike against a private or public sector employer
which has been sanctioned and approved by the labor body or council having
jurisdiction, an employee who is in danger of physical harm shall not be required to
cross the picket line, provided the employee advises his or her supervisor as soon as
possible, and provided further that an employee may be required to cross a picket line
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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.
24.6 Merit Board.
A. All grievances of employees in representation units represented by the
Association shall be processed under Section 24 unless the employee elects to
apply to the Merit Board on matters within its jurisdiction.
B. No action under Steps 3 and 4 of Subsection 24.1 above shall be taken if action
on the complaint or grievance has been taken by the Merit Board, or if the
complaint or grievance is pending before the Merit Board.
24.7 Filing by Association. The Association may file a grievance at Step 3 on behalf
of affected employees when action by the County Administrator or the Board of
Supervisors violates a provision of this MOU.
24.8 Letters of Reprimand. Letters of reprimand are subject to the grievance
procedure but shall not be processed past Step 3 unless said letters are used in a
subsequent discharge, suspension or demotion of the employee.
Letters of Reprimand shall be removed from an employee's file which are five (5) years
old from the date issued unless subsequent disciplinary action has been taken and
sustained against the employee for the same type of offense within said five (5) year
period in which case the Letter of Reprimand is not subject to removal. However, where
the subsequent disciplinary action consists of Letter(s) of Reprimand for the same type
of offense, those letters (including the original letter) will be removed from the
employee's file after five (5) years pass from the date the most recent letter is issued
unless a different type of discipline (e.g., suspension, et al) for the same type of offense
is taken and sustained during said five (5) year period. Those Letters of Reprimand
which have been placed in an employee's file as a result of an Arbitrator's decision
reducing a disciplinary action to a Letter of Reprimand will be reviewed by the Sheriff
who in his sole discretion will determine whether the five (5) year removal period will
apply.
24.9 Corrective Counseling System. The Corrective Counseling System is a
method of training and counseling employees in an effort to improve behavior and
performance without the negative effects of lasting disciplinary measures. It will
hereafter consist of three phases, or levels, with procedures and policies for
administration developed within the Department. Placement into the Corrective
Counseling System is not subject to the grievance procedure.
There shall be no mention of the phase program in any employee's evaluation, although
the circumstances allegedly supporting the starting, the ending, or the continuing of a
phase, may be mentioned. This does not affect any other rights or responsibilities of the
parties with regards to the performance per se.
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An employee placed into a Phase of the Corrective Counseling System may appeal the
placement through a formal department hearing process. Following are the guidelines
and procedures to be utilized in the process:
a. Hearing Officer. The phase placement appeal will be heard by the Commander
not in the employee's direct chain of command, hereafter referred to as the
Hearing Officer. The Hearing Officer has the authority to set aside the phase
placement completely or decrease the phase to any lower level.
b. Notification of Intent to Appeal. Upon receipt of the Phase memo, the affected
employee has seven (7) calendar days to deliver written documentation of an
intent to appeal the phase placement. The intent to appeal memo is to be
addressed to the Hearing Officer, with a copy to the employee's Division
Commander. The appeal process defers the starting date of the phase period.
c. Hearing Date. Upon receipt of the intent to appeal memo, the Hearing Officer
will schedule a hearing date and notify the affected employee at least seven (7)
calendar days prior to the hearing date. The hearing date shall be within twenty-
one (21) calendar days of the Hearing Officer's receipt of the intent to appeal
unless one of the primary parties involved is unavailable, in which case the
hearing will be scheduled as soon as practical upon the return to work of the
parties.
d. The Hearing. For Phase I and II actions, the employee may submit a written
request for hearing to the Hearing Officer. The Hearing Officer will review the
request and determine if there is a basis for a formal hearing. An alternate
informal process exists which would allow the employee and his/her
representative to meet and discuss the phase placement in accordance with the
established open door policy of the Department.
For Phase III appeals, the Hearing Officer will determine the parties to be
present at the hearing, except that the affected employee will be present, and a
maximum of two (2) representatives of the employee's choice.
In general, witnesses will not be called or allowed; however, the affected
employee may submit written statements from the employee (or others) which
will support the appeal.
The entire appeal hearing will be tape recorded. The tape will be kept (and be
available) in the Administration Division, and will be erased when the phase is no
longer in effect. Upon his request and at his expense, the employee may tape
the hearing.
The Hearing Officer will weigh all testimony and attempt to determine the facts
surrounding the phase placement.
e. Results. The Hearing Officer will report his decision in a brief memo to the
employee within five (5) business days of the hearing.
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If the decision upholds the original recommendation or decreases the phase
level, the phase period begins on the date of the Hearing Officer's decision.
If the Hearing Officer determines that a phase was not appropriate, all reference
to the phase incident and hearing will be immediately purged from the personnel
file, and the Hearing Officer's written decision will be sent to the affected
employee.
SECTION 25 - PERSONNEL FILES
An employee shall have the right to inspect and review any official record(s) relating to
his or her performance as an employee or to a grievance concerning the employee
which is kept or maintained by the County in the employee's personnel file in the
Human Resources Department or in the employee's personnel file in their department.
The contents of such records shall be made available to the employee for inspection
and review at reasonable intervals during the regular business hours of the County.
The County shall provide an opportunity for the employee to respond in writing to any
information which is in the employee's personnel file about which he or she disagrees.
Such response shall become a permanent part of the employee's personnel record.
The employee shall be responsible for providing the written responses to be included as
part of the employee's official personnel file. 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.
All documents pertaining to disciplinary actions shall be placed in an official personnel
file maintained by the Human Resources Department or in an official personnel file
maintained by their department. Copies of written reprimands or memoranda pertaining
to an employee's unsatisfactory performance which are to be placed in the employee's
personnel file shall be given to an employee who shall have the right to respond in
writing to said documents. Letters of reprimand are subject to the grievance procedure
but shall not be processed past Step 3 unless said letters are used in a subsequent
discharge, suspension or demotion of the employee. Copies of letters of commendation
which are to be placed in the employee's personnel file will be given to the employee.
Employees have the right to review their official personnel files which are maintained in
the Human Resources Department or by their department. In a case involving a
grievance or disciplinary action, the employee's designated representative may also
review his or her personnel file with specific written authorization from the employee.
The Association will be given a list of all types of personnel files maintained by the
Sheriff.
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SECTION 26 – RETIREMENT CONTRIBUTION
26.1 Payment of Employee Contributions.
A. Effective on January 1, 2012, employees are responsible for the payment of 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
employee’s contributions. 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.
26.2 Safety Retirement Tier Elections- Employees Hired or Rehired Before
January 1, 2013.
A. If either the Internal Revenue Service issues guidance acceptable to both
parties, or the County receives a Private Letter Ruling from the IRS, that protects
the County and DSA members hired prior to January 1, 2013, from additional tax
liability, DSA members will have the opportunity to elect new retirement tiers
pursuant to Government Code section 31484.9.
B. The following tiers are established:
1. In Safety Tier A, the retirement formula is “3 Percent at 50.” The cost of
living adjustment (COLA) to the retirement allowance shall not exceed
three (3) percent per year. The employee’s final compensation shall be
based on a twelve (12) month salary average.
2. In Safety Tier C, the retirement formula is “3 Percent at 50.” The cost of
living adjustment (COLA) to the retirement allowance shall not exceed
two (2) percent per year. The employee’s final compensation shall be
calculated based on a thirty-six (36) month salary average.
3. In the Safety PEPRA Tier, the retirement formula is established by the
Public Employees Pension Reform Act (PEPRA) (Chapters 296, 297,
Statutes of 2012). The retirement formula is PEPRA Safety Option Plan
Two (2.7% at 57. The cost of living adjustment to the retirement
allowance (COLA) shall not exceed two percent (2%) per year, and the
cost of living adjustment will be banked. The employee’s final
compensation will be based on his/her average annual compensation
earnable during a consecutive thirty-six month period
C. Method of Election.
1. Upon the occurrence of all of the following:
a. the contingency listed in subsection A is met;
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b. actuarial studies by the County and by the Contra Costa County
Employees Retirement Association (“CCCERA”,) have been
completed;
c. the Board of Supervisors has adopted such ordinances or
resolutions as may be necessary to implement the election;
d. as required by Government Code section 31484.9, the County has
prepared written information about the change in benefits for
employees who elect to enter a new tier; and
e. CCCERA has taken any other actions that may be necessary to
implement the election; the County shall work with CCCERA to
provide a time period of no less than three (3) calendar months
during which sworn members of the DSA bargaining unit who are in
Safety Tier A as of December 31, 2012, may make a written
irrevocable election to 1) waive and release all rights to retirement
benefits under Safety Tier A for the period of service following the
election and 2) enter the Safety PEPRA Tier for the period of
service following the election.
In addition, the County shall work with CCCERA to provide a time
period of no less than three (3) calendar months during which
sworn members of the DSA bargaining unit who are in Safety Tier
C as of December 31, 2012, may make a written irrevocable
election to 1) waive and release all rights to retirement benefits
under Safety Tier C for the period of service following the election
and 2) to enter the Safety PEPRA Tier for the period of service
following the election.
Employees electing to enter the Safety PEPRA Tier will enter the
Safety PEPRA Tier on the first day of the first calendar month after
the close of the election period.
2. An employee in Safety Tier A who elects to enter the Safety PEPRA Tier
shall have his/her retirement benefits calculated on the basis of Safety
Tier A for the period of service prior to the election. An employee in
Safety Tier C who elects to enter the Safety PEPRA Tier shall have
his/her retirement benefits calculated on the basis of Safety Tier C for the
period of service prior to the election.
D. The parties agree that the provisions of Government Code section 31484.9 shall
apply to sworn members of the Deputy Sheriff’s Association.
26.3 Tier A - Thirty Years of Continuous Service as a Safety Member. Through
the term of this Memorandum of Understanding and any extensions thereof, a DSA
member with credit for more than 30 years of continuous service as a safety member
shall not make payments from his or her retirement base to pay part of the employer’s
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contribution for the cost of Safety Tier A.
26.4 Safety Retirement Tier C - Employees Hired or Rehired after December 31,
2006, but Before January 1, 2013.
A. For sworn employees hired by the County after December 31, 2006, but before
January 1, 2013, the retirement formula shall be “3 Percent at 50”. The cost of
living adjustment (COLA) to the retirement allowance shall not exceed two (2)
percent per year. The employee’s final compensation shall be based on his or
her highest thirty six (36) month salary average. Safety Tier A is closed to all
employees initially hired after December 31, 2006.
B. Employees who left County service prior to January 1, 2013, and are rehired
after that date shall not be eligible to elect a retirement tier. Such rehired
employees shall be automatically placed in that retirement tier for which they are
eligible under the County Employees Retirement Law and PEPRA.
C. Safety Tier C is closed to all employees initially hired after December 31, 2012,
except for those sworn employees, who, under PEPRA, do not become New
Members of CCCERA.
26.5 Safety Retirement Benefit–Sworn Employees who become New Members of
CCCERA on or after January 1, 2013.
A. For sworn employees who, under PEPRA, become Safety New Members of the
Contra Costa County Employee Retirement Association (CCCERA) on or after
January 1, 2013, retirement benefits are governed by the California Public
Employees Pension Reform Act of 2013 (PEPRA), (Chapters 296, 297, Statutes
of 2012). To the extent this Agreement conflicts with any provision of PEPRA,
PEPRA will govern.
B. PEPRA Safety Option Plan Two (2.7% @ 57) applies to these employees who,
under PEPRA, become New Members of CCCERA. For these employees, 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.
26.6 Retirement Benefit - Non-Sworn Employees who become New Members of
CCCERA on or After January 1, 2013.
A. For non-sworn employees who, under PEPRA, become New Members of the
Contra Costa County Employees Retirement Association (CCCERA) on or after
January 1, 2013, retirement benefits are governed by the California Public
Employees Pension Reform Act of 2013 (PEPRA), (Chapters 296, 297, Statutes
of 2012). To the extent this Agreement conflicts with any provision of PEPRA,
PEPRA will govern.
B. For employees hired by the County on or after June 30, 2014, who, under
PEPRA, become New Members of CCCERA, the cost of living adjustment to the
retirement allowance will not exceed two percent (2%) per year, and the cost of
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SECTION 27 - PREMIUM PAYS
living adjustment will be banked.
C. For employees who, under PEPRA, become New Members of CCCERA, the
disability provisions are the same as the current Tier III disability provisions.
D. The County will seek legislation amending the County Employees Retirement
Law of 1937 to clarify that the current Tier III disability provisions apply to non-
sworn employees who, under PEPRA, become New Members of CCCERA. The
Union must support the legislation, in addition to the County, by calling and
sending a letter (on Union 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 Union must testify in support of the bill before the
state legislative committees considering the bill.
SECTION 27 - PREMIUM PAYS
27.1 Non-Sworn Training Officer Program. Non-sworn Training Officer
assignments are for a one (1) year period; each year current non-sworn Training
Officers must be reevaluated for assignment to non-sworn Training Officer status. It is
further understood that the designation as a non-sworn Training Officer shall be at the
sole discretion of the Sheriff.
Non-sworn Training Officers will receive a differential of five percent (5.0%) of base
salary per month for period so assigned, regardless of whether or not they are actually
training during the month.
27.2 Lead Deputy Sheriff/Corporal Assignment.
A. Effective October 1, 1999, a Lead Deputy Sheriff/Corporal assignment is
established to assist with training and other duties to be determined by the
process set forth in Section 47.B - Labor/Management Committee. A Lead
Deputy Sheriff/Corporal will receive an increase of five percent (5%) of base
salary for the period so assigned. It is further understood that the assignment as
a Lead Deputy Sheriff/Corporal shall be at the sole discretion of the Sheriff.
B. Effective October 1, 1999, all Deputy Sheriffs currently designated as Training
Officers shall receive the five percent (5%) increase in base salary set forth in
Section 27.2.A above, in lieu of the $200 per month premium pay they previously
received as Training Officers.
C. A Lead Deputy Sheriff/Corporal assignment as a Training Officer is for a one (1)
year period; each year, current Lead Deputy Sheriff/Corporals assigned as
Training Officers must be reevaluated for assignment to Lead Deputy
Sheriff/Corporal status. It is further understood that the assignment as a Lead
Deputy Sheriff/Corporal shall be at the sole discretion of the Sheriff.
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SECTION 28 - PEACE OFFICER TRAINING (P.O.S.T)
27.3 Hazard Pay for Non-Sworn Detention Division. Effective the first pay period
after adoption of this MOU by the Board of Supervisors, the County shall pay a five
percent (5%) differential above the base rate of pay for non-sworn employees who are
assigned to the Detention Division and work in the following organizational units:
2577 - County Parole Program
2578 - Martinez Detention
2580 - West County Detention
2585 - Marsh Creek Detention
2588 - AB109 Program
2590 - Custody Services Admin
27.4 Investigations and Special Investigations Unit. Effective January 1, 2014,
while assigned to the Investigations Unit (Org 2535) and Special Investigations Unit
(Org 2536), the following classifications will be entitled to a five percent (5%) differential
to base rate of pay:
• Sergeant (6XTA)
• Deputy Sheriff (6XWA)
27.5 Forensic Services. Effective January 1, 2014, while assigned to Forensic
Services, the following classification will be entitled to a five percent (5%) differential to
base rate of pay:
• Crime Scene Investigator II (6CVB)
Effective April 1, 2014, while assigned to Forensic Services, the following classification
will be entitled to a five percent (5%) differential to base rate of pay, prospectively:
• Fingerprint Technician II (64VH)
27.6 P.O.S.T. Certificates. Effective January 1, 2014, permanent full-time
employees in the classifications of Sheriff’s Dispatcher I (64WK), Sheriff’s Dispatcher II
(64WM), and Supervising Sheriff’s Dispatcher (64HD) will receive a career incentive
allowance of one percent (1.0%) of base pay per month for the possession of a valid
Intermediate P.O.S.T. certificate and one percent (1.0%) of base pay per month for the
possession of a valid Advanced P.O.S.T. certificate for a total of up to two percent
(2.0%).
SECTION 28 - PEACE OFFICER TRAINING (P.O.S.T)
28.1 Incentive Program - Purposes. In accordance with the policies expressed in
Penal Code Sections 13500 and following and Chapter 2 of Title 11 of the California
Administrative Code (Sections 1000 and following); and to attract law enforcement
officers with high education standards, to broaden the professional experience of
present officers and to maintain a high quality police service to cope with increased
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SECTION 29 – UNIFORMS
demands placed upon this function, there is established the following career incentive
program, which provides a career incentive allowance based on two and one-half
percent (2.5%) of base pay for possessing the first P.O.S.T. certificate (intermediate)
not required by the minimal qualifications of the class and an additional allowance
based on two and one-half percent (2.5%) of base pay per month for possessing a
second P.O.S.T. certificate (advanced) not required by the minimal qualifications of the
class.
28.2 Incentive Program - Definitions. Unless otherwise specified or required by the
context the following terms have the following meanings:
"Officer" means any peace officer member of the Sheriff's Department who occupies a
permanent full-time position, in pay status, as a peace officer in this County.
"Intermediate peace officers standards and training certificate" and "advanced peace
officer standards and training certificate" have the meanings defined in the regulations
of the Commission on Peace Officer Standards and Training of the California State
Department of Justice. (P.O.S.T.)
28.3 Incentive Program - Intermediate Certificate. Every officer in the classes of:
Deputy Sheriff, Deputy Sheriff Forensic Supervisor, Deputy Sheriff-Criminalist I, II, III
and Sergeant in the Sheriff's Department shall receive a career incentive allowance of
two and one-half percent (2.5%) of base pay per month for the possession of a valid
intermediate P.O.S.T. certificate.
28.4 Incentive Program - Advanced Certificate. Every in the classes of: Deputy
Sheriff, Deputy Sheriff Forensic Supervisor, Deputy Sheriff-Criminalist I, II, III and
Sergeant in the Sheriff's Department shall receive a career incentive allowance of two
and one-half percent (2.5%) of base pay per month for the possession of a valid
advanced P.O.S.T. certificate. This is in addition to the two and one-half percent (2.5%)
allowance for the intermediate certificate.
28.5 Incentive Program - Pay Status. These allowances shall be in addition to
regular compensation and shall not be considered part of the base pay for payroll
computation purposes.
SECTION 29 – UNIFORMS
29.1 Uniform Allowance. Effective January 1, 2007, employees eligible for the
uniform allowance will receive a total of eight hundred seventy two dollars ($872) per
year. Uniform allowance is paid for the purchase of uniforms and the cleaning and
maintenance of uniforms and equipment.
The above paragraph applies to employees in the following classifications: Sergeant,
Deputy Sheriff, Deputy Sheriff-Recruit, Sheriff’s Dispatcher I and II, Supervising
Sheriff’s Dispatcher, Sheriff’s Aide, Rangers, and Sheriff’s Specialist Sheriff’s
Community Service Officer (64VI).
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SECTION 30 - BILINGUAL PAY
29.2 Uniform Allowance Method of Payment. Effective July 1, 1994 employees
who are eligible for the uniform allowance will receive such allowance included in their
monthly pay warrants.
29.3 S.W.A.T. Uniform. The department shall provide all employees accepted into
S.W.A.T. with the necessary uniform and equipment.
29.4 Criminalists. The department will provide up to two (2) shirts per year for
employees in the following classifications:
6DWB Criminalist I
6DVC Criminalist II
6DTA Criminalist III
6D7B Criminalistics Lab Aide
6D71 Criminalistics Lab Aide-Proj
6DWA, 6DVB, 6DTB Deputy Sheriff Criminalist I, II, and III
6DHB Deputy Sheriff Forensic Supervisors
6CHB Forensic Supervisors
6CWB, 6CVB Crime Scene Investigator I and II
64WH, 64VG Latent Fingerprint Examiner I and II
64HB Supervising Latent Fingerprint Examiner
64WJ, 64VH Fingerprint Technician I and II
64HC Supervising Fingerprint Technician
SECTION 30 - BILINGUAL PAY
SWORN:
A salary differential of one hundred dollars ($100.00) per month shall be paid
incumbents of positions requiring bilingual proficiency as designated by the appointing
authority and the 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.
If during the term of this MOU, the County increases the Bilingual Pay for other
bargaining units, the County will extend that increase to the DSA bargaining unit
members. The increase will be implemented on prospective basis only and will not be
subject to retroactivity.
NON-SWORN:
Effective January 1, 2007, the current Bilingual rate for non-sworn personnel shall be
increased to one hundred dollars ($100).
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SECTION 31 - COMPENSATION FOR OFF-DUTY CANINE CARE
SECTION 31 - COMPENSATION FOR OFF-DUTY CANINE CARE
1. Compensable Off-Duty Ordinary Canine Care: Compensable off-duty ordinary
canine care includes, but is not limited to, handling, caring, feeding, exercising,
grooming, bathing, kennel cleaning, cleaning of County vehicles, and ordinary
transport to and from the veterinarian, but does not include commute time which
is not compensable. The amount of compensable off-duty ordinary canine care
for employees assigned to the Canine Program (canine handlers) is 14 hours per
28-day work period (30 minutes per day). This amount is a good faith estimate,
intended to be comprehensive, accurate and inclusive of all pertinent facts. The
parties agree that off-duty ordinary canine care time in excess of this agreed-
upon time is not authorized and is not compensable.
2. Compensation: In each 28-day work period, canine handlers will work regular
duty time, plus 14 hours of compensable off-duty ordinary canine care work --
i.e., 174 hours in a 28-day period. For the hours worked over 171 to 174 hours
in each 28-day work period, canine handlers will be paid overtime for the three
hours (using the half time method) at the applicable rate, plus any additional
contract premium needed to ensure that the total per month for regular, off duty
canine care per canine handler amounts to $200. Hours worked over 174 in a
28 day period shall be paid at the applicable contract overtime rate.
Canine handlers will also be eligible for paid overtime for emergency off-duty
canine care (which is over and beyond ordinary canine care), provided the
canine handler reports such occurrence in writing to his or her supervisor as
soon as possible, and no later than the first shift worked after the emergency
occurrence.
Effective January 1, 2007, the above $200 per month premium for off duty
canine care shall be increased to $245.25 per month.
3. Canine Expenses: The County will pay veterinarian (visits, procedures, and
prescriptions), kenneling, and food expenses related to participating canines.
The County will pay up to $750, on a one-time basis and not exceeding actual
cost, for a home kennel.
4. Miscellaneous: The parties agree that the compensation paid for off-duty
canine care under this MOU fully satisfies the County’s obligations under the Fair
Labor Standards Act (“FLSA”), and is limited to $200 per month (effective
October 1, 2003, $225 per month). In the event any claim is made that this
compensation does not fully satisfy the County’s obligations under the FLSA,
contrary to the mutual intent of the parties, the County may require a re-opener
regarding the Canine Program to ensure compliance with the FLSA and to
effectuate the intent of the parties. Effective December 5, 2006, such amount
shall be increased from $225 (two hundred twenty five dollars) to $245.25 (two
hundred forty five dollars and twenty five cents).
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SECTION 32 – DEFERRED COMPENSATION PLAN
SECTION 32 – DEFERRED COMPENSATION PLAN
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 Deputy Sheriffs’ Association (DSA) 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.
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.
SECTION 33 - LUNCH PERIOD
Employees assigned to either the Investigation Division or the Criminalistics Laboratory
may select either a one-half (1/2) hour or one (1) hour lunch period, it being understood
that such selection should be for periods of no less than three (3) months; it being
further understood that the Department retains the right to assign starting times.
SECTION 34 - REIMBURSEMENT FOR MEAL EXPENSES/CHARGE FOR
DETENTION DIVISION MEALS
A. Reimbursement for Meal Expenses.
Employees shall be reimbursed for meal expenses under the following
circumstances and in the amount specified:
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SECTION 35 - COMPENSATION FOR LOSS OR DAMAGE TO
PERSONAL PROPERTY
1. When the employee is required to be out of his/her regular or normal work
area during a meal hour because of a particular work assignment and with
prior approval of the department head or his designee.
2. When the employee is required to stay over to attend consecutive or
continuing afternoon and night sessions of a board or commission.
3. When the employee is required to incur expenses as host for official
guests of the County, work as members of examining boards, official
visitors, and speakers or honored guests at banquets or other official
functions.
4. When the employee is required to work three (3) or more hours of
overtime; in this case he or she may be reimbursed in accordance with
the Administrative Bulletin on Expense Reimbursement.
Meal costs will be reimbursed only when eaten away from home or away
from the facility in the case of employees at 24-hour institutions.
Procedures and definitions relative to reimbursement for meal expenses
shall be in accordance with the Administrative Bulletin on Expense
Reimbursement.
B. Charge for Detention Division Meals.
Personnel represented by the DSA and permanently assigned to the Detention
Division will have fifteen dollars ($15.00) per month deducted from their pay
checks in exchange for meals provided by the Department. The employee may
choose not to eat facility food. In that case no fees will be deducted.
Employees will indicate their option upon transfer into the Detention Division and,
during the month of January each year, employees may make a new
determination. Current Detention employees will have the month following
ratification of the contract to exercise their option.
SECTION 35 - COMPENSATION FOR LOSS OR DAMAGE TO PERSONAL
PROPERTY
35.1 Conditions. 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.
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SECTION 36 - PAY WARRANT ERRORS
c. Employee tools or equipment provided without the express approval of the
department head and automobiles are excluded from reimbursement.
d. The loss or damage must have occurred in the line of duty.
e. The loss or damage was not a result of negligence or lack of proper care by the
employee.
f. The personal property was necessarily worn or carried by the employee in order
to adequately fulfill the duties and requirements of the job.
g. The loss or damage to an employee's dentures or other prosthetic devices did
not occur simultaneously with a job connected injury covered by Workers'
Compensation.
h. The amount of reimbursement shall be limited to the actual cost to repair
damages. Reimbursement 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.
35.2 Policies & Practices. The employer will continue its present policies and
practices with regard to loss or damage to personal property. This MOU provision does
not constitute a waiver by the DSA or an affected employee to litigate in court the
legality of portions of the policies dealing with limiting reimbursement because of
alleged employee negligence or wrongdoing.
SECTION 36 - PAY WARRANT ERRORS
If an employee receives a pay warrant which has an error in the amount of
compensation to be received and if this error occurred as a result of a mistake by the
Auditor-Controller's Department, it is the policy of the Auditor-Controller's department
that the error will be corrected and a new warrant issued within forty-eight (48) hours,
exclusive of Saturdays, Sundays and holidays from the time the department is made
aware of and verifies that the pay warrant is in error.
Pay errors discovered by the County shall be corrected as soon as possible as to
current pay rate but that no recovery of either overpayments or underpayments to an
employee shall be made retroactively except for the six (6) month 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
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SECTION 37 - SERVICE AWARDS
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, which will be no longer than three (3) times the
length of time the overpayment occurred, shall be determined. If requested by the
employee, an Association representative may be present at a meeting with
management to discuss a repayment schedule.
SECTION 37 - 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 38 - LENGTH OF SERVICE DEFINITION (for service awards and vacation
accruals)
The length of service credits of each employee of the County shall date from the
beginning of the last period of continuous County employment (including temporary,
provisional, and permanent status, and absences on approved leave of absence).
When an employee separates from a permanent position in good standing and within
two (2) years is reemployed in a permanent County position, or is reemployed in a
permanent County position from a layoff list within the period of layoff eligibility, service
credits shall include all credits accumulated at time of separation, but shall not include
the period of separation. The Director of Human Resources shall determine these
matters based on the employee status records in the Human Resources Department.
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SECTION 39 - SAFETY
SECTION 39 - SAFETY
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.
SECTION 40 - MILEAGE
Mileage allowance for the use of personal vehicles on County business shall be paid
according to the rates allowed by the Internal Revenue Service and shall be adjusted to
reflect changes in this rate on the date it becomes effective or the first of the month
following announcement of the changed rate by the Internal Revenue Service,
whichever is later.
SECTION 41 - CRITICAL INCIDENT
In the event the act or omission of a sworn officer causes the death or serious injury of
another person, the officer's Division Commander shall place the employee on
Administrative Leave (with pay) for the seventy-two (72) hours immediately following the
incident.
SECTION 42 - DEPARTMENT INVESTIGATIONS
It has always been and shall continue to be, the Sheriff's position that all internal
investigations shall be conducted in a professional and timely manner. The scope and
intent of all legal and policy mandates shall be adhered to during all phases of the
investigation. This includes that the confidentiality of all information gained during the
inquiry shall be consistent with present legal restraints relative to discovery and
disclosure.
SECTION 43 - PERMANENT PART-TIME EMPLOYEE BENEFITS
Permanent part-time employees receive prorated vacation and sick leave benefits.
They are eligible for health, dental and life insurance benefits at corresponding
premium rates providing they work at least fifty percent (50%) of full time. If the
employee works at least fifty percent (50%) of full time, County retirement participation
is also included.
SECTION 44 - PERMANENT-INTERMITTENT EMPLOYEE BENEFITS
Permanent-intermittent employees are eligible for prorated vacation and sick leave
benefits.
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SECTION 45 – HEALTH BENEFITS FOR EMPLOYEES NOT
OTHERWISE COVERED
SECTION 45 – HEALTH BENEFITS 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 46 - PROVISIONAL APPOINTMENT
Whenever an appointing authority makes a request for personnel to fill a position in a
class for which no reemployment or employment list is available, or in a class for which
no eligible or insufficient eligibles to complete the certification will accept appointment to
the position, the Director of Human Resources may authorize the appointing authority to
appoint any person who possesses the minimum qualifications for the class as set forth
in the class specifications, provided that the names of eligibles available and the names
of persons who have indicated their intention to take the next examination for the class
shall be referred to the appointing authority at the time authorization is issued.
In no case shall a permanent position be filled by a provisional appointment for a period
exceeding six (6) calendar months except under the following conditions:
a. If an examination has been announced for the class and recruitment of
applicants is in process, the Director of Human Resources may authorize a
continuation of provisional appointments until an eligible list is established.
b. In case of a provisional appointment to a permanent position vacated by a leave
of absence, such provisional appointment may be continued for the duration of
said leave.
A provisional appointment shall be terminated within thirty (30) days after the date of
certification of eligibles from an appropriate eligible list. All decisions of the Director of
Human Resources relative to provisional appointments are final and not subject to the
grievance procedure.
Before filling a position by a provisional appointment, the appointing authority shall post
notice and shall consider current qualified employees for the appointment. Only if there
are insufficient internal applicants to constitute a full certification may the appointing
authority consider applicants from outside County service.
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SECTION 47 - LABOR/MANAGEMENT COMMITTEE
SECTION 47 - LABOR/MANAGEMENT COMMITTEE
A. There shall be established a Labor/Management Committee to maximize
communications between the parties in the area of labor relations.
B. There shall be four (4) representatives of Management and four (4)
representatives of the Association, with the DSA representatives time treated as
if the meeting were held under Government Code Section 3505.
C. The meetings shall begin in the first full month after the adoption by the Board of
Supervisors of this MOU and continue every other month thereafter.
SECTION 48 - UNFAIR LABOR PRACTICE
Either the County or the Association may file an unfair labor practice as defined in
Chapter 34-22 of the Board of Supervisors Resolution 81/1165 against the other.
Allegations of an unfair labor practice, if not resolved in discussions between the
parties, shall be heard by a mutually agreed upon impartial third party.
SECTION 49 - 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 50 - SCOPE OF AGREEMENT AND SEVERABILITY OF PROVISIONS
50.1 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 Union 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.
50.2 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.
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SECTION 51 - PAST PRACTICES AND EXISTING MEMORANDA OF
UNDERSTANDING
50.3 Personnel Management Regulations. Where a specific provision contained in
a section of this MOU conflicts with a specific provision contained in a section of the
Personnel Management Regulations, the provision of this MOU shall prevail. It is
recognized, however, that certain provisions of the Personnel Management Regulations
may be supplementary to the provisions of this MOU or deal with matters not within the
scope of representation and as such remain in full force and effect.
50.4 Duration of Agreement. This Agreement shall continue in full force and effect
from July 1, 2016 to and including June 30, 2019.
SECTION 51 - PAST PRACTICES AND EXISTING MEMORANDA OF
UNDERSTANDING
Continuance of working conditions and past practices not specifically authorized by
ordinance or by resolution of the Board of Supervisors is not guaranteed by this MOU;
provided, however, that only during the term of this MOU which expires September 30,
2005, the Association may claim a violation of a past practice. If the Association can
demonstrate that such past practice exists by virtue of having been acknowledged and
agreed to by Management and representatives of the Association or by employees
represented by the Association who reach agreement with the Department Head on a
specific policy covering a group of employees such as a reassignment policy, the
alleged violation of said past practice will be subject to the grievance procedure. Those
practices which have been agreed to by Management and not approved by the
Department Head must be confirmed and approved by the Department Head within six
(6) months from the below execution date of this MOU in order to be considered a past
practice pursuant to this provision.
The execution of this MOU does not preclude the DSA from continuing to negotiate with
the County regarding the establishment of a Labor-Management Trust Committee and
the authorities and responsibilities of said committee.
Date:
Contra Costa County: DEPUTY SHERIFFS’ ASSOC (RANK & FILE):
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DSA RANK & FILE - 93 - 2016 – 2019 MOU
DEPUTY SHERIFFS’ ASSOCIATION
RANK & FILE
ATTACHMENTS
A. CLASS AND SALARY LISTING
B. SHERIFF’S DEPARTMENT SPECIALIZED
ASSIGNMENTS
Deputy Sheriff's Association
Rank and File
CLASS AND SALARY LISTING
Effective 7/1/2016
ATTACHMENT A
Job Code Class Title
Flex Staff (F) / Deep
Class (D)From To
6XWA DEPUTY SHERIFF-40 HOUR F $6,078.79 $7,573.52
6XWB DEPUTY SHERIFF-56 HOUR F $6,078.79 $7,573.52
6DWA DEPUTY SHERIFF-CRIMINALIST I F $6,343.19 $6,993.36
6DVB DEPUTY SHERIFF-CRIMINALIST II F $6,906.98 $8,605.36
6DTB DEPUTY SHERIFF-CRIMINALIST III F $7,997.05 $9,963.47
6DHB DEPUTY SHERIFF-FORENSIC SUPVR $8,604.54 $10,720.34
6XTA SERGEANT $7,031.19 $8,760.11
All classes are designated as safety.
Job Code Class Title
Flex Staff (F) / Deep
Class (D)From To
6EVA BACKGROUND INVESTIGATOR I F $5,544.88 $6,739.83
6ENA BACKGROUND INVESTIGATOR II F $6,109.89 $7,426.61
LDVA BIOMETRIC SYSTEMS SPECIALIST $6,375.64 $7,749.63
6CWB CRIME SCENE INVESTIGATOR I F $4,160.92 $5,057.62
6CVB CRIME SCENE INVESTIGATOR II F $4,472.81 $5,436.72
6DWB CRIMINALIST I F $6,337.87 $6,987.51
6DVC CRIMINALIST II F $6,901.20 $8,388.45
6DTA CRIMINALIST III F $7,990.35 $9,712.32
6D7B CRIMINALISTICS LAB AIDE $3,366.42 $4,091.89
6D71 CRIMINALISTICS LAB AIDE-PROJ $3,366.42 $4,091.89
6X7A DEPUTY SHERIFF-RECRUIT - FIXED TERM F $3,959.94 $3,959.94
64WH FINGERPRINT EXAMINER I F $5,340.13 $5,887.50
64VG FINGERPRINT EXAMINER II F $5,683.85 $6,908.76
64WJ FINGERPRINT TECHNICIAN I F $4,508.37 $4,970.49
64VH FINGERPRINT TECHNICIAN II F $4,822.38 $5,861.63
6CHB FORENSIC SUPERVISOR $8,563.80 $10,409.35
64VI SHERIFF COMMUNITY SVC OFFICER $4,472.81 $5,436.72
64VF SHERIFF'S AIDE $3,608.01 $4,385.57
64WK SHERIFF'S DISPATCHER I F $4,704.46 $5,186.67
64WM SHERIFF'S DISPATCHER II F $5,153.14 $5,965.40
64SA SHERIFF'S PHOTOGRAPHER $5,087.23 $6,183.56
64WR SHERIFF'S RANGER $3,261.42 $3,964.28
64VE SHERIFF'S SPECIALIST F $4,252.55 $5,169.00
64HB SUPERVISING FINGERPRINT EXAMNR $6,325.34 $7,688.49
64HC SUPERVISING FINGERPRINT TECH $5,473.97 $6,653.64
6YHA SUPERVISING SHERIFF'S AIDE $4,152.69 $5,047.62
64HD SUPERVISING SHF'S DISPATCHER $5,644.59 $6,861.04
Salary Range
Salary Range
SWORN UNIT (VH)
NON-SWORN UNIT (VN)
ATTACHMENT B
SHERIFF’S DEPARTMENT
Specialized Assignments
BUREAU/LOCATION POSITION MINIMUM QUALIFICATIONS
Custody Services Bureau
• Detention Division Classification Deputy Completion of Probation
Custody Alternative Deputy Completion of Probation/Patrol Qualified
Transportation Deputy Completion of Probation
• Court Security Division Court Security Deputy Completion of Detention FTO
Support Services Bureau
• Technical Services Div. Civil Deputy 1 Year Patrol Experience
• Emergency Services Div. Volunteer Services Deputy 1 Year Patrol Experience
Field Operation Bureau
• Patrol Division Special District Deputy Completion of Patrol FTO
J-Team Deputy Completion of Patrol FTO
• Investigation Division Investigator Deputy 1 Year of Patrol Experience
• Special Ops. Division Helicopter Observer 1 Year of Patrol Experience
Marine Patrol Deputy Completion of Patrol FTO
Contract City Deputy Completion of Patrol FTO
• Coroner’s Division Coroner’s Deputy 1 Year of Patrol Experience
Revised February, 2016
DEPUTY SHERIFFS’ ASSOCIATION
RANK & FILE
SUBJECT INDEX
Accrual ......................................................................................................................... 36
Accrual During Leave Without Pay (LOA) .................................................................... 44
Accrual During Leave Without Pay (Vacation Leave) .................................................. 34
Administration of Sick Leave ........................................................................................ 38
Adoption ....................................................................................................................... 92
Agency Shop .................................................................................................................. 4
Anniversary Dates ........................................................................................................ 11
Assignment of Classes to Bargaining Units ................................................................... 8
Association Recognition ................................................................................................. 4
Association Representatives .......................................................................................... 9
Association Security ....................................................................................................... 4
Attendance at Meetings ................................................................................................. 9
Bilingual Pay ................................................................................................................ 84
Call Back Time ............................................................................................................. 21
Cause for Disciplinary Action ....................................................................................... 68
Certification Rules ........................................................................................................ 60
Coerced Resignations .................................................................................................. 68
Communicating With Employees ................................................................................... 6
Compensation Complaints ........................................................................................... 74
Compensation for Loss or Damage to Personal Property ............................................ 87
Compensation For Off-Duty Canine Care .................................................................... 85
Compensation for Portion of Month ............................................................................. 12
Compensatory Time ..................................................................................................... 19
Competitive Exam ........................................................................................................ 60
Computer Vision Care (CVC) Users Eye Exam ........................................................... 57
Constructive Resignation ............................................................................................. 67
Corrective Counseling System ..................................................................................... 75
Court Appearance Overtime ........................................................................................ 20
Court Security/Detention Time ..................................................................................... 65
Criminalists ................................................................................................................... 84
Critical Incident ............................................................................................................. 90
Days and Hours of Work .............................................................................................. 17
Deferred Compensation Plan-Loan Provision .............................................................. 86
Department Investigations ........................................................................................... 90
Dependent Care Assistance Program .......................................................................... 57
Deputy Sheriff-Coroner Overtime ................................................................................. 20
Disability ....................................................................................................................... 39
Dismissal, Suspension & Demotion ............................................................................. 68
Dispatch Re-opener ..................................................................................................... 65
DSA President ................................................................................................................ 9
Dues Deduction .............................................................................................................. 4
Duration of Agreement ................................................................................................. 93
DSA R&F - i - 2016-2019
Effective Resignation ................................................................................................... 67
Employee Assistance Program .................................................................................... 56
Entrance Salary ............................................................................................................ 11
Evening Watch ............................................................................................................ 22
Family Care or Medical Leave ...................................................................................... 45
Forensic Services ......................................................................................................... 82
General Administration – Leaves of Absence .............................................................. 45
General Wages ............................................................................................................ 10
Grievance Procedure ................................................................................................... 70
Group Health Plan Coverage ....................................................................................... 48
Hazard Pay for Non-Sworn Detention Division ............................................................. 82
Health Benefits for Employees Not Otherwise Covered ............................................... 91
Health Care Spending Account .................................................................................... 57
Health Plan ................................................................................................................... 51
Holiday and Compensatory Time Provisions ............................................................... 32
Holidays ....................................................................................................................... 27
Holidays Observed ....................................................................................................... 27
Increments Within Range ............................................................................................. 12
Internal Affairs Scheduling ........................................................................................... 65
Investigation Division Home Garaging ......................................................................... 65
Investigations and Special Investigations Unit ............................................................. 82
Investigations Division Scheduling ............................................................................... 65
Jury Duty ...................................................................................................................... 50
Labor Management Committee .................................................................................... 92
Labor-Management Committee (LOA) ......................................................................... 44
Layoff During Probation ............................................................................................... 59
Lead Deputy Sheriff/Corporal Assignment ................................................................... 81
Leave Without Pay ....................................................................................................... 44
Leave Without Pay – Use of Accruals .......................................................................... 48
Leave of Absence ........................................................................................................ 44
Length of Service Definition (for service awards and vacation accruals) ..................... 89
Letters of Reprimand .................................................................................................... 75
Length of Suspension .................................................................................................. 70
Life Insurance Benefit Under Health and Dental Plans ................................................ 54
Longevity Pay ............................................................................................................... 10
Lunch Period ................................................................................................................ 86
Maintenance of Membership .......................................................................................... 6
Maximum Vacation Accrual .......................................................................................... 35
Medical, Dental, and Life Insurance ............................................................................. 51
Merit Board ................................................................................................................... 75
Mileage ......................................................................................................................... 90
Military Leave ............................................................................................................... 48
Morning Watch ............................................................................................................. 22
DSA R&F - ii - 2016-2019
No Discrimination ........................................................................................................... 8
Non-Sworn Training Officer Program ........................................................................... 81
Notice (Layoff) .............................................................................................................. 27
Official Representatives ................................................................................................. 9
On-Call Duty ................................................................................................................. 21
Open Exam .................................................................................................................. 60
Orthodontia Coverage .................................................................................................. 53
Overtime and Compensatory Time .............................................................................. 19
Part-Time Compensation ............................................................................................. 12
Past Practices .............................................................................................................. 93
Pay for Work in Higher Classification ........................................................................... 14
Pay Warrant Errors ...................................................................................................... 88
Peace Officer Training P.O.S.T. ................................................................................... 82
Permanent-Intermittent Employee Benefits ................................................................. 90
Permanent Intermittent Employees .............................................................................. 32
Permanent Part-Time Employee Benefits .................................................................... 90
Personnel Files ............................................................................................................ 77
Personnel Management Regulations ........................................................................... 93
Physical Examination ................................................................................................... 61
Position Reclassification .............................................................................................. 12
Pregnancy Disability Leave .......................................................................................... 48
Pemium Pays ............................................................................................................... 81
Premium Payments ...................................................................................................... 54
Probationary Period ..................................................................................................... 58
Promotion ..................................................................................................................... 60
Promotion Via Reclassification Without Examination ................................................... 60
Provisional Appointment .............................................................................................. 91
Reassignment of Laid Off Employees .......................................................................... 27
Recognition .................................................................................................................... 4
Reimbursement for Meal Expenses ............................................................................. 86
Rejection During Probation .......................................................................................... 58
Rejection During Probation of Laid Off Employee ........................................................ 60
Requirements for Promotional Standing ...................................................................... 61
Resignation in Good Standing ..................................................................................... 67
Resignations ................................................................................................................ 67
Retirement Contribution ............................................................................................... 78
Retirement Coverage ................................................................................................... 54
Return From Leave of Absence ................................................................................... 49
Revised Probationary Period ........................................................................................ 58
Revocation ................................................................................................................... 67
Safety ........................................................................................................................... 90
Salaries ........................................................................................................................ 10
Scope of Agreement .................................................................................................... 92
Seniority Credits ........................................................................................................... 61
Seniority, Workforce Reduction, Layoff & Reassignment ............................................ 23
Sergeant Overtime Pay ................................................................................................ 20
Service Awards ............................................................................................................ 89
DSA R&F - iii - 2016-2019
Severability of Provisions ............................................................................................. 92
Sheriff’s Aides/Specialist Transfers .............................................................................. 66
Sheriff’s Dispatcher P.O.S.T. Certificates .................................................................... 82
Shift Differential ............................................................................................................ 21
Sick Leave .................................................................................................................... 36
Skelly Requirements – Notice of Proposed Action (Skelly Notice) ............................... 69
Special Employment Lists ............................................................................................ 27
Strike/Work Stoppage .................................................................................................. 74
S.W.A.T. Uniform ......................................................................................................... 84
Thirty Years of Continuous Service as a Safety Member ............................................. 79
Time Reporting and Pay Practices Waiver .................................................................. 18
Time Reporting/Time Stamping ................................................................................... 18
Transfer ........................................................................................................................ 66
Transfer (Salaries) ....................................................................................................... 14
Unauthorized Absence ................................................................................................. 50
Unfair Labor Practice ................................................................................................... 92
Uniform Allowance ....................................................................................................... 83
Uniforms ....................................................................................................................... 83
Union Release Time Bank – Limited Pilot Program ....................................................... 9
Use of County Buildings ................................................................................................. 7
Vacation Accrual Rates ................................................................................................ 33
Vacation Leave ............................................................................................................ 33
Withdrawal of Membership............................................................................................. 6
Witness Duty ................................................................................................................ 51
Workforce Reduction ................................................................................................... 23
Work Scheduling .......................................................................................................... 61
Workers’ Compensation ............................................................................................... 41
DSA R&F - iv - 2016-2019