HomeMy WebLinkAboutRESOLUTIONS - 08022016 - 2016/477MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND
DISTRICT ATTORNEY
INVESTIGATORS’ ASSOCIATION
JULY 1, 2016 – JUNE 30, 2019
DISTRICT ATTORNEY
INVESTIGATORS’ ASSOCIATION
TABLE OF CONTENTS
SECTION 1 ASSOCIATION RECOGNITION ........................................................... 4
SECTION 2 ASSOCIATION SECURITY
2.1 Dues Deduction ..................................................................................... 4
2.2 Dues Authorization Form ....................................................................... 4
2.3 Maintenance of Membership ................................................................. 5
2.4 Withdrawal of Membership .................................................................... 5
2.5 Communicating with Employees ............................................................ 5
2.6 Use of County Buildings ........................................................................ 6
2.7 Advance Notice ..................................................................................... 6
2.8 Assignment of Classes to Bargaining Units ........................................... 6
SECTION 3 NO DISCRIMINATION .......................................................................... 7
SECTION 4 OFFICIAL REPRESENTATITVES
4.1 Attendance at Meetings ......................................................................... 7
4.2 Association Representatives ................................................................. 8
4.3 Release Time for Training ..................................................................... 8
SECTION 5 SALARIES
5.1 General Wages ..................................................................................... 8
5.2 Entrance Salary ..................................................................................... 9
5.3 Anniversary Dates ................................................................................. 9
5.4 Increments Within Range .................................................................... 10
5.5 Part-Time Compensation..................................................................... 10
5.6 Compensation for Portion of Month ..................................................... 10
5.7 Position Reclassification ...................................................................... 11
5.8 Salary Reallocation & Salary on Reallocation ...................................... 11
5.9 Salary on Promotion ............................................................................ 12
5.10 Salary on Involuntary Demotion........................................................... 12
5.11 Salary on Voluntary Demotion ............................................................. 12
5.12 Transfer ............................................................................................... 12
5.13 Pay for Work in Higher Classification .................................................. 13
5.14 Payment .............................................................................................. 14
SECTION 6 DAYS AND HOURS OF WORK
6.1 Definitions ........................................................................................... 14
6.2 Time Reporting and Pay Practices Waiver .......................................... 14
6.3 Time Reporting/Time Stamping ........................................................... 14
SECTION 7 OVERTIME AND COMPENSATORY TIME
7.1 Overtime ............................................................................................. 15
7.2 Straight Time ....................................................................................... 15
7.3 Overtime and Straight Time Compensatory Time ................................ 15
7.4 Court Appearance Overtime ................................................................ 17
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SECTION 8 CELL PHONES ................................................................................... 17
SECTION 9 ON-CALL/CALL BACK ...................................................................... 17
SECTION 10 SENIORITY, WORKFORCE REDUCTION,
LAYOFF & REASSIGNMENT
10.1 Workforce Reduction ........................................................................... 17
10.2 Separation Through Layoff .................................................................. 18
10.3 Notice .................................................................................................. 21
10.4 Special Employment Lists ................................................................... 21
10.5 Reassignment of Laid Off Employees.................................................. 22
SECTION 11 HOLIDAYS
11.1 Holidays Observed .............................................................................. 22
11.2 Holidays Observed – Full-Time Employees ......................................... 22
11.3 Holidays Observed – Part-Time Employees ........................................ 23
11.4 Holiday is WORKED and Holiday Falls on Regularly Scheduled
Work Day (for EE’s on A Regular Work Schedule, the holiday
always falls on the EE’s regularly scheduled work day) ....................... 23
11.5 Automated Time Keeping .................................................................... 23
SECTION 12 VACATION LEAVE
12.1 Vacation Allowance ............................................................................. 23
12.2 Vacation Accrual Rates ....................................................................... 23
12.3 Accrual During Leave Without Pay ...................................................... 24
12.4 Vacation Allowance for Separated Employees .................................... 24
12.5 Accrual on Prorated Basis ................................................................... 24
12.6 Vacation Leave on Reemployment from a Layoff List .......................... 24
SECTION 13 SICK LEAVE
13.1 Purpose of Sick Leave ........................................................................ 25
13.2 Credits to and Charges Against Sick Leave ........................................ 25
13.3 Policies Governing the Use of Paid Sick Leave ................................... 25
13.4 Administration of Sick Leave ............................................................... 27
13.5 Disability .............................................................................................. 28
13.6 Workers’ Compensation ...................................................................... 30
13.7 Integration of SDI ................................................................................ 31
13.8 Accrual During Leave Without Pay ...................................................... 31
SECTION 14 LEAVE OF ABSENCE
14.1 Leave Without Pay .............................................................................. 32
14.2 General Administration – Leaves of Absence ...................................... 32
14.3 Family Care or Medical Leave (FMLA) ................................................ 32
14.4 Pregnancy Disability Leave ................................................................. 35
14.5 Group Health Plan Coverage .............................................................. 35
14.6 Leave Without Pay – Use of Accruals.................................................. 35
14.7 Military Leave ...................................................................................... 36
14.8 Return from Leave of Absence ............................................................ 36
14.9 Appeal of Denial .................................................................................. 37
14.10 Salary Review While on Leave of Absence ......................................... 37
14.11 Unauthorized Absence ........................................................................ 37
14.12 Furlough Days Without Pay ................................................................. 37
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SECTION 15 JURY DUTY AND WITNESS DUTY
15.1 Jury Duty ............................................................................................. 37
15.2 Witness Duty ....................................................................................... 38
SECTION 16 MEDICAL, DENTAL, AND LIFE INSURANCE
16.1 Health Plan ......................................................................................... 39
16.2 Contra Costa Health Plan (CCHP) ...................................................... 39
16.3 CalPERS Health Plan Monthly Premium Subsidy ................................ 39
16.4 Dental Plan ......................................................................................... 40
16.5 County Dental Plan Premium Subsidy on and After January 1, 2016 .. 40
16.6 Orthodontia Coverage ......................................................................... 41
16.7 Rate Information .................................................................................. 41
16.8 Life Insurance Benefit Under Health and Dental Plans ........................ 42
16.9 Life Insurance Contributions ................................................................ 42
16.10 Premium Payments ............................................................................. 42
16.11 Extended Coverage ............................................................................. 42
16.12 Retirement Coverage .......................................................................... 42
16.13 Dual Coverage .................................................................................... 43
16.14 Health Care Spending Account ........................................................... 43
16.15 PERS Long Term Care ....................................................................... 43
16.16 Dependent Care Assistance Program ................................................. 44
16.17 Premium Conversion Plan ................................................................... 44
16.18 Health Benefit Coverage for Employees Not Otherwise Covered ........ 44
16.19 Prevailing Section ............................................................................... 44
SECTION 17 PROBATIONARY PERIOD
17.1 Duration .............................................................................................. 44
17.2 Probation Periods Over Six Months ..................................................... 44
17.3 Revised Probationary Period ............................................................... 44
17.4 Length of Probationary Period ............................................................. 44
17.5 Rejection During Probation .................................................................. 45
17.6 Regular Appointment ........................................................................... 45
17.7 Layoff During Probation ....................................................................... 46
17.8 Rejection During Probation of Laid off Employee ................................ 46
SECTION 18 PROMOTION
18.1 Competitive Exam ............................................................................... 47
18.2 Promotion Policy ................................................................................. 47
18.3 Open Exam ......................................................................................... 47
18.4 Promotion Via Reclassification Without Examination ........................... 47
18.5 Requirements for Promotional Standing .............................................. 47
18.6 Seniority Credits .................................................................................. 47
18.7 Physical Examination .......................................................................... 48
SECTION 19 TRANSFER
19.1 Conditions ........................................................................................... 48
19.2 Procedure ........................................................................................... 48
SECTION 20 RESIGNATIONS
20.1 Resignation in Good Standing ............................................................. 49
20.2 Constructive Resignation..................................................................... 49
20.3 Effective Resignation ........................................................................... 49
20.4 Revocation .......................................................................................... 49
20.5 Coerced Resignations ......................................................................... 49
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SECTION 21 DISMISSAL, SUSPENSION, DEMOTION, TEMPORARY
REDUCTION IN PAY & REDUCTION WITHIN CLASS
21.1 Cause for Action .................................................................................. 50
21.2 Skelly Requirements – Notice of Proposed Action (Skelly Notice) ....... 51
21.3 Employee Response ........................................................................... 51
21.4 Leave Pending Employee Response ................................................... 51
21.5 Suspensions Without Pay.................................................................... 51
21.6 Procedure on Dismissal, Suspension, Reduction Within Class,
Temporary Reduction In Pay, or Disciplinary Demotion ....................... 52
SECTION 22 GRIEVANCE PROCEDURE
22.1 Definition ............................................................................................. 52
22.2 Time Limits .......................................................................................... 53
22.3 Notice .................................................................................................. 53
22.4 Compensation Complaints .................................................................. 54
22.5 Strike/Work Stoppage ......................................................................... 54
22.6 Merit Board ......................................................................................... 54
22.7 Filing by Association ............................................................................ 54
SECTION 23 RETIREMENT
23.1 Payment of Employee Contributions ................................................... 54
23.2 Safety Employees Retirement – Tier A – Employees Hired
or Re-Hired Before January 1, 2013 .................................................... 54
23.3 Thirty (30) Year Employees ................................................................. 55
23.4 Safety Employees Retirement – Sworn Employees who
Become New Members of CCCERA on or after January 1, 2013 ........ 55
23.5 Re-opener – Election of Safety PEPRA Tier by Employees
Hired On or Before December 31, 2012 .............................................. 55
SECTION 24 SAFETY .............................................................................................. 56
SECTION 25 MILEAGE ............................................................................................ 56
SECTION 26 PAY WARRANT ERRORS ................................................................. 56
SECTION 27 PERSONNEL FILES ........................................................................... 56
SECTION 28 SERVICE AWARDS ........................................................................... 57
SECTION 29 REIMBURSEMENT FOR MEAL EXPENSES ..................................... 57
SECTION 30 COMPENSATION FOR LOSS OR DAMAGE
TO PERSONAL PROPERTY .............................................................. 58
SECTION 31 UNFAIR LABOR PRACTICE .............................................................. 59
SECTION 32 LENGTH OF SERVICE DEFINITION
(for service Awards and vacation accruals) .................................... 59
SECTION 33 PERMANENT PART-TIME EMPLOYEE BENEFITS .......................... 59
SECTION 34 PERMANENT-INTERMITTENT EMPLOYEE BENEFITS ................... 59
SECTION 35 PROFESSIONAL REIMBURSEMENT ................................................ 59
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SECTION 36 SAFETY EQUIPMENT ........................................................................ 60
SECTION 37 DEPENDENT CARE ........................................................................... 60
SECTION 38 BILINGUAL PAY ................................................................................ 60
SECTION 39 ADOPTION ......................................................................................... 61
SECTION 40 SCOPE OF AGREEMENT & SEPARABILITY OF PROVISION
40.1 Scope of Agreement ............................................................................ 61
40.2 Separability of Provisions .................................................................... 61
40.3 Personnel Management Regulations ................................................... 61
40.4 Duration of Agreement ........................................................................ 62
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MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND
DISTRICT ATTORNEY
INVESTIGATORS’ ASSOCIATION
This Memorandum of Understanding (MOU) is entered into pursuant to the authority
contained in Board of Supervisors Resolution 81/1165 and has been jointly prepared by
the parties.
The Employee Relations Officer (County Administrator) is the representative of Contra
Costa County in employer-employee relations matters as provided in Board of
Supervisors Resolution 81/1165, Section 34-8.012.
The parties have met and conferred in good faith regarding wages, hours and other
terms and conditions of employment for the employees in units in which the Association
is the recognized representative, have freely exchanged information, opinions and
proposals and have endeavored to reach agreement on all matters relating to the
employment conditions and employer-employee relations covering such employees.
This MOU shall be presented to the Contra Costa County Board of Supervisors, as the
governing board of the County and appropriate fire districts, as the joint
recommendations of the undersigned for salary and employee benefit adjustments for
the period set forth herein.
Special provisions and restrictions pertaining to Project employees covered by this
MOU are contained in Attachment B which is attached hereto and made a part hereof.
DEFINITIONS
DEFINITIONS
Appointing Authority: Department Head unless otherwise provided by statute or
ordinance.
Association: District Attorney Investigators' Association.
Class: A group of positions sufficiently similar with respect to the duties and
responsibilities that similar selection procedures and qualifications may apply and that
the same descriptive title may be used to designate each position allocated to the
group.
Class Title: The designation given to a class, to each position allocated to the class,
and to the employees allocated to the class.
County: Contra Costa County.
Demotion: The change of a permanent employee to another position in a class
allocated to a salary range for which the top step is lower than the top step of the class
which the employee formerly occupied except as provided for under "Transfer" or as
otherwise provided for in this MOU, in the Personnel Management Regulations, or in
specific resolutions governing deep classifications.
Director of Human Resources: The person designated by the County Administrator to
serve as the Assistant County Administrator-Director of Human Resources.
Eligible: Any person whose name is on an employment or reemployment or layoff list
for a given classification.
Employee: A person who is an incumbent of a position or who is on leave of absence
in accordance with provisions of this MOU and whose position is held pending his/her
return.
Employment List: A list of persons who have been found qualified for employment in a
specific class.
Layoff List: A list of persons who have occupied positions allocated to a class in the
Merit System and who have been involuntarily separated by layoff, displacement, or
demoted by displacement, or have voluntarily demoted in lieu of layoff or displacement,
or have transferred in lieu of layoff or displacement.
Permanent-Intermittent Position: Any position which requires the services of an
incumbent for an indefinite period but on an intermittent basis, as needed, paid on an
hourly basis.
Permanent Part-Time Position: Any position which will require the services of an
incumbent for an indefinite period but on a regularly scheduled less than full time basis.
DAIA - 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.
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.
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.
DAIA - 3 - 2016-2019 MOU
SECTION 1 - ASSOCIATION RECOGNITION
SECTION 1 - ASSOCIATION RECOGNITION
The Association is the formally recognized employee organization for the District
Attorney Investigators' Unit, and such organization has been certified as such pursuant
to Chapter 34-12 of Board Resolution 81/1165.
SECTION 2 - ASSOCIATION SECURITY
2.1 Dues Deduction. Pursuant to Chapter 34-26 of Resolution 81/1165 only a
majority representative may have dues deduction and as such the Association has the
exclusive privilege of dues deduction for all members in its unit.
Dues deduction shall be based on the voluntary written authorization of the employee
which shall remain in effect so long as the employee remains in a unit represented by
the Association unless such authorization is canceled in writing by the employee in
accordance with the provisions set forth in Section 2.4. The dues deduction shall be for
a specified amount and uniform between members of the Association. The Association
shall indemnify, defend, and hold the County harmless against any claims made and
against any suit instituted against the County on account of dues deduction. The
Association shall refund to the County any amounts paid to it in error upon presentation
of supporting evidence.
2.2 Dues Authorization Form. Employees hired in classifications assigned to units
represented by the Association shall as a condition of employment at the time of
employment complete an Association dues authorization form provided by the
Association and shall have deducted from their paychecks the membership dues of the
Association. Said employees shall have thirty (30) days from the date of hire to decide if
he/she does not want to become a member of the Association. Such decision not to
become a member of the Association must be made in writing to the Auditor-Controller
with a copy to the Employee Relations Division within said thirty (30) day period. If the
employee decides not to become a member of the Association any Association dues
previously deducted from the employee's paycheck shall be returned to the employee
and said amount shall be deducted from the next dues deduction check sent to the
Association. If the employee does not notify the County in writing of the decision not to
become a member within the thirty (30) day period, he/she shall be deemed to have
voluntarily agreed to pay the dues of the Association.
The dues authorization form referenced above shall include a statement that the
Association and the County have entered into a MOU, that the employee is required to
authorize payroll deductions of Association dues as a condition of employment, and that
such authorization may be revoked within the first thirty (30) days of employment upon
proper written notice by the employee within said thirty (30) day period as set forth
above. Each such employee shall, upon written completion of the authorization form,
receive a copy of said authorization form which shall be deemed proper notice of his/her
right to revoke said authorization.
DAIA - 4 - 2016-2019 MOU
SECTION 2 - ASSOCIATION SECURITY
2.3 Maintenance of Membership. All employees in the unit represented by the
Association who are currently paying dues to the Association and all employees in such
unit who hereafter become members of the Association shall as a condition of continued
employment pay dues to the Association for the duration of this MOU and each year
thereafter so long as the Association continues to represent the classification to which
the employee is assigned, unless the employee has exercised the option to cease
paying dues in accordance with Section 2.4.
2.4 Withdrawal of Membership. By notifying the Auditor-Controller's Department in
writing, between May 1, and May 31, any employee may withdraw from Association
membership and discontinue paying dues as of the payroll period commencing July 1,
discontinuance of dues payments to then be reflected in the August 10, paycheck. The
above withdrawal of membership can only occur in the last year of any given MOU.
Immediately upon the close of the above mentioned thirty (30) day period the Auditor-
Controller shall submit to the Association a list of the employees who have rescinded
their authorization for dues deduction.
2.5 Communicating With Employees. The Association shall be allowed to use
designated portions of bulletin boards or display areas in public portions of County
buildings or in public portions of offices in which there are employees represented by
the Association, provided the communications displayed have to do with official
organization business such as times and places of meetings and further provided that
the Association appropriately posts and removes the information. The Department Head
reserves the right to remove objectionable materials after notification to and discussion
with the Association.
Representatives of the Association, not on County time, shall be permitted to place a
supply of employee literature at specific locations in County buildings if arranged
through the Employee Relations Officer; said representatives may distribute employee
organization literature in work areas (except work areas not open to the public) if the
nature of the literature and the proposed method of distribution are compatible with the
work environment and work in progress. Such placement and/or distribution shall not
be performed by on duty employees.
The Association shall be allowed access to work locations in which it represents
employees for the following purposes:
a. to post literature on bulletin boards;
b. to arrange for use of a meeting room;
c. to leave and/or distribute a supply of literature as indicated above;
d. 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
DAIA - 5 - 2016-2019 MOU
SECTION 2 - ASSOCIATION SECURITY
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 boards and commissions designated by the Board, and to meet with the body
considering the matter.
The listing of an item on a public agenda, or the mailing of a copy of a proposal at least
seventy-two (72) hours before the item will be heard, or the delivery of a copy of the
proposal at least twenty-four (24) hours before the item will be heard, shall constitute
notice.
In cases of emergency when the Board, or boards and commissions designated by the
Board, determines it must act immediately without such notice or meeting, it shall give
notice and opportunity to meet as soon as practical after its action.
2.8 Assignment of Classes to Bargaining Units. The County shall assign new
classes in accordance with the following procedure:
a. Initial Determination. When a new class title is established, the Employee
Relations Officer or his/her designee shall review the composition of existing
representation units to determine the appropriateness of including some or all of
the employees in the new class in one or more existing representation units, and
DAIA - 6 - 2016-2019 MOU
SECTION 3 - NO DISCRIMINATION
within a reasonable period of time shall notify all recognized employee
organizations of his/her determination.
b. Final Determination. The Employee Relations Officer or his/her designee’s
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 Employee Relations Officer or his/her
designee shall meet and confer with such requesting organizations (and with
other recognized employee organizations where appropriate) to seek agreement
on this matter within sixty (60) days after the ten (10) day period in Subsection B,
unless otherwise mutually agreed. Thereafter, the procedures in cases of
agreement and disagreement, arbitration referral and expenses, and criteria for
determination shall conform to those in Subsections (d) through (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.
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 or presentation of testimony or
other reasons;
c. if their attendance is required for meeting(s) scheduled at reasonable times
agreeable to all parties required for settlement of grievances filed pursuant to
Section 22 - Grievance Procedure of this MOU;
d. if they are designated as a grievance representative in which case they may
utilize a reasonable time at each level of the proceedings to assist an employee
to present a grievance, provided the meetings are scheduled at reasonable times
agreeable to all parties;
DAIA - 7 - 2016-2019 MOU
SECTION 5 - SALARIES
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;
f. 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/her
designee, and the County agency calling the meeting is responsible for
determining that the attendance of the particular employee(s) is required.
The number of such representatives shall not exceed two (2) without prior approval of
the department and the Employee Relations Manager.
4.2 Association Representatives. Official representatives of the District Attorney
Investigators' Association shall be allowed time off on County time for meetings during
regular working hours when formally meeting and conferring in good faith or consulting
with the Employee Relations Officer or other management representatives on matters
within the scope of representation, provided that the number of such representatives
shall not exceed three (3) without prior approval of the department and the Employee
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/her
designee.
4.3 Release Time for Training. The County shall provide the Association a
maximum of eight (8) total hours per year of release time for Association designated
officers to attend Association sponsored training programs.
Requests for release time shall be provided in writing to the Department and County
Human Resources Department at least fifteen (15) days in advance of the time
requested. The Department Head will reasonably consider each request and notify the
affected employee whether such request is approved, within one (1) week of receipt.
SECTION 5 - SALARIES
5.1 General Wages.
The base rate of pay for all classifications represented by the District Attorney
Investigators’ Association will be increased as follows:
A. Effective August 1, 2016 or the first day of the month following ratification,
whichever is later 5% wage increase
B. Permanent full-time employees, employed by the County in a classification
represented by the DAIA on August 1, 2016, will be paid a lump sum payment of
four hundred and thirty-five dollars ($435) on September 9, 2016.
C. Effective July 1, 2017 4.5% wage increase
D. Effective July 1, 2018 4.5% wage increase
DAIA - 8 - 2016-2019 MOU
SECTION 5 - SALARIES
E. The time between steps in the salary ranges will be as follows: 6 months
between Step 1 and Step 2; 12 months between each of steps 2 through step 7
and 19 months between step 7 and step 8.
F. Longevity Differential. Permanent, full-time employees who have completed
twenty (20) years of Contra Costa County service are eligible to receive a two
percent (2%) longevity differential effective on the first day of the month following
the month in which the employee qualifies for the twenty (20) year service award.
For those employees who completed twenty (20) years of service on or before
April 1, 2012, this longevity differential will be paid prospectively only from April 1,
2012.
5.2 Entrance Salary. New employees shall generally be appointed at the minimum
step of the salary range established for the particular class of position to which the
appointment is made. However, the appointing authority may fill a particular position at
a step above the minimum of the range.
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 subsection 5.3.a above.
c. Demotions. The anniversary date of a demoted employee is the first day of the
calendar month after the calendar month when the demotion was effective.
d. Transfers, Reallocations and Reclassifications. The anniversary date of an
employee who is transferred to another position or one whose position has been
reallocated or reclassified to a class allocated to the same 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
DAIA - 9 - 2016-2019 MOU
SECTION 5 - SALARIES
merit system at a rate above the minimum salary for the employee's new class,
or who is transferred from another governmental entity to this County's merit
system, is one (1) year from the first day of the calendar month after the calendar
month when the employee was appointed or transferred; provided however,
when the appointment or transfer is effective on the employee's first regularly
scheduled work day of that month, his/her anniversary is one (1) year after the
first calendar day of that month.
g. The anniversary date of employees on leave from their County position with or
without pay, for more than three (3) months shall be extended by the appointing
authority for a period of time equal to the length of time on leave. This new date
shall become the employee's new anniversary date for purposes of future salary
reviews.
5.4 Increments Within Range. The performance of each employee, except those of
employees already at the maximum salary step of the appropriate salary range, shall be
reviewed on the anniversary date as set forth in Section 5.3 – Anniversary Dates to
determine whether the salary of the employee shall be advanced to the next higher step
in the salary range. Advancement shall be granted on the affirmative recommendation
of the appointing authority, based on satisfactory performance by the employee. The
appointing authority may recommend unconditional denial of the increment or denial
subject to one additional review at some specified date before the next anniversary
which must be set at the time the original report is returned.
Except as herein provided, increments within range shall not be granted more frequently
than once a year, nor shall more than one (1) step within-range increment be granted at
one time, except as otherwise provided in deep-class resolutions. In case an appointing
authority recommends denial of the within range increment on some particular
anniversary date, but recommends a special salary review at some date before the next
anniversary the special salary review shall not affect the regular salary review on the
next anniversary date. Nothing herein shall be construed to make the granting of
increments mandatory on the County. If the department verifies in writing that an
administrative or clerical error was made in failing to submit the documents needed to
advance an employee to the next salary step on the first of the month when eligible,
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.
DAIA - 10 - 2016-2019 MOU
SECTION 5 - SALARIES
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.
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.
DAIA - 11 - 2016-2019 MOU
SECTION 5 - SALARIES
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 this 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 – Transfer 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 appointment of a laid off employee from the layoff list to the class
from which the employee was laid off, the employee shall be appointed at the step
which the employee had formerly attained in the higher class unless such step results in
a decrease, in which case the employee is appointed to the next higher step. If
however, the employee is being promoted into a class allocated to a higher salary range
than the class from which the employee was laid off, the salary on promotion will be
calculated from the highest step the employee achieved prior to layoff.
5.10 Salary on Involuntary Demotion. Any employee who is demoted, except as
provided under Section 5.12 - Transfer, shall have his/her salary reduced to the monthly
salary step in the range for the class of position to which he has been demoted next
lower than the salary received before demotion. In the event this decrease is less than
five percent (5%), the employee's salary shall be adjusted to the step in the new range
which is five percent (5%) less than the next lower step; provided, however, that the
next step shall not be less than the minimum salary for the lower class.
Whenever the demotion is the result of layoff, cancellation of positions or displacement
by another employee with greater seniority rights, the salary of the demoted employee
shall be that step on the salary range which he/she would have achieved had he/she
been continuously in the position to which he/she has been demoted, all within-range
increments having been granted.
5.11 Salary on Voluntary Demotion. Whenever any employee voluntarily demotes
to a position in a class having a salary schedule lower than that of the class from which
he/she demotes, his/her salary shall remain the same if the steps in his/her new
(demoted) salary range permit, and if not, the new salary shall be set at the step next
below former salary.
5.12 Transfer. An employee who is transferred from one position to another as
described under "Transfer" shall be placed at the step in the salary range of the new
class which equals the rate of pay received before the transfer. In the event that the
steps in the range for the new class do not contain the same rates as the range for the
old class, the employee shall be placed at the step of the new range which 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.
DAIA - 12 - 2016-2019 MOU
SECTION 5 - SALARIES
5.13 Pay for Work in Higher Classification. When an employee in a permanent
position in the merit system is required to work in a classification for which the
compensation is greater than that to which the employee is regularly assigned, the
employee shall receive compensation for such work at the rate of pay established for
the higher classification pursuant to Section 5.9 - Salary on Promotion of this MOU,
commencing on the thirty-first (31st) work day of the assignment, under the following
conditions:
1. The employee is assigned to a program, service, or activity established by the
Board of Supervisors which is reflected in an authorized position which has been
classified and assigned to the Salary Schedule.
2. The nature of the departmental assignment is such that the employee in the
lower classification becomes fully responsible for the duties of the position of the
higher classification.
3. Employee selected for the assignment will normally be expected to meet the
minimum qualifications for the higher classification.
4. Pay for work in a higher classification shall not be utilized as a substitute for
regular promotional procedures provided in this Memorandum.
5. The appropriate authorization form has been submitted by the Department Head
and approved by the County Administrator.
6. Higher pay assignments shall not exceed six (6) months except through
reauthorization.
7. If approval is granted for pay for work in a higher classification and the
assignment is terminated and later reapproved for the same employee within
thirty (30) days no additional waiting period will be required.
8. Any incentives (e.g., the education incentive) and special differentials (e.g.,
bilingual differential) accruing to the employee in his/her permanent position shall
continue, unless the employee is no longer performing the duties which warrant
the differentials.
9. During the period of work for higher pay in a higher classification, an employee
will retain his/her permanent classification, and anniversary and salary review
dates will be determined by time in that classification.
10. Allowable overtime pay, shift differentials and/or work location differentials will be
paid on the basis of the rate of pay for the higher class.
DAIA - 13 - 2016-2019 MOU
SECTION 6 - DAYS AND HOURS OF WORK
5.14 Payment. On the tenth (10th) day of each month, the Auditor will draw a warrant
upon the Treasurer in favor of each employee for the amount of salary due the
employee for the preceding month; provided, however, that each employee (except
those paid on an hourly rate) may choose to receive an advance on the employee's
monthly salary, in which case the Auditor shall, on the twenty-fifth (25th) day of each
month, draw his/her warrant upon the Treasurer in favor of such employee.
The advance shall be in an amount equal to one-third (1/3) or less (at the option of the
employee) of the employee's basic salary of the previous month except that it shall not
exceed the amount of the previous month's basic salary less all requested or required
deductions.
The election to receive an advance shall be made on the prescribed form (form M-208,
revised 5/81) and submitted by the fifteenth (15th) of the month to the department payroll
clerk who will forward the card with the "Salary Advance Transmittal/Deviation Report"
to the Auditor-Controller payroll section.
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.
SECTION 6 - DAYS AND HOURS OF WORK
6.1 Definitions.
A. Regular Work Schedule: A regular work schedule is eight (8) hours per day,
Monday through Friday, inclusive, for a total of forty (40) hours per week.
B. Workweek for Employees on Regular Work Schedule: For employees on a
regular work schedule, the workweek begins at 12:01 a.m. on Monday and ends
at 12 midnight on Sunday.
6.2 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.
6.3 Time Reporting/Time Stamping. Hourly employees must timestamp in and out
as they begin their work shifts, finish their work shifts, and take meal periods. In
circumstances where time stamping in and out is not feasible, hourly employees must
record their time in the electronic timecard. Salaried employees will report time off and
time worked for special pays on the electronic timecard.
DAIA - 14 - 2016-2019 MOU
SECTION 7 - OVERTIME AND COMPENSATORY TIME
SECTION 7 - OVERTIME AND COMPENSATORY TIME
7.1 Overtime.
Permanent full-time and part-time employees are eligible to receive overtime pay
or overtime compensatory time off for any authorized work performed:
1) in excess of forty (40) hours per week; or
2) in excess of eight (8) hours per day and that exceed the employee’s daily
number of scheduled hours. For example, an employee who is scheduled to
work ten (10) hours per day and who works eleven (11) hours on a particular
day would be entitled to one (1) hour of overtime.
Work performed does not include non-worked hours. Overtime pay is compensated at
the rate of one and one-half (1-1/2) times the employee's base rate of pay (not including
shift and any other special differentials). Any special differentials that are applicable
during overtime hours worked will be computed on the employee’s base rate of pay, not
on the overtime rate of pay.
Overtime for employees is earned and credited in a minimum of one-half hour
increments and is compensated by either pay or compensatory time off.
7.2 Straight Time Pay. Permanent full-time and part-time employees are eligible to
receive straight time pay or straight time compensatory time off for hours worked in
excess of the employee’s daily number of scheduled hours that do not qualify for
overtime pay as described in section 7.1, above. For example, if an employee is
scheduled to work from 8 .am. to 5 p.m., but uses accruals for 8 a.m. to 10 a.m. and
works from 10 a.m. to 7 p.m., he/she would be entitled to two hours of straight time pay
for the 5 p.m. to 7 p.m. hours worked. Straight time pay is calculated at the rate of one
(1.0) times the employee’s base rate of pay (not including differentials or shift pays).
7.3 Overtime And Straight Time Compensatory Time. The following provisions
shall apply:
a. Employees may annually elect to accrue overtime compensatory time off and
straight time compensatory time off (hereinafter collectively referred to as
“compensatory time off”) in lieu of overtime pay and straight time pay. Eligible
employees who elect to receive compensatory time off must agree to do so for a
full fiscal year (July 1 through June 30). The employee must notify their
department payroll staff of any change in the election by May 31 of each year.
b. The names of those employees electing to accrue compensatory time off shall be
placed on a list maintained by the Department. Employees who become eligible
(i.e., newly hired employees, employees promoting, demoting, etc.) for
compensatory time off in accordance with these guidelines must elect to accrue
compensatory time or they will be paid for authorized overtime and straight time
hours worked.
DAIA - 15 - 2016-2019 MOU
SECTION 7 - OVERTIME AND COMPENSATORY TIME
c. Overtime compensatory time off shall be accrued at the rate of one and one-half
(1-1/2) times the actual authorized overtime hours worked by the employee.
Straight time compensatory time off will be accrued at the rate of one (1.0) times
the actual authorized straight time hours worked by the employee. Compensatory
time off will be taken in increments of one (1) minute.
d. Employees may not accrue a compensatory time off balance that exceeds one
hundred twenty (120) hours (i.e., eighty (80) hours at time and one-half). Once
the maximum balance has been attained, authorized straight time and overtime
hours will be paid at the applicable straight time or overtime rate. If the
employee's balance falls below one hundred twenty (120) hours, the employee
shall again accrue compensatory time off for authorized straight time and
overtime hours worked until the employee's balance again reaches one hundred
twenty (120) hours.
e. Accrued compensatory time off shall be carried over for use in the next fiscal
year; however, as provided in 7.2.d above, accrued compensatory time off
balances may not exceed one hundred twenty (120) hours.
f. Employees may not use more than one hundred twenty (120) hours of
compensatory time off in any fiscal year period (July 1 - June 30).
g. The use of accrued compensatory time off shall be by mutual agreement
between the Department Head or his/her designee and the employee.
Compensatory time off shall not be taken when the employee would be replaced
by another employee who would be eligible to receive, for time worked, either
overtime payment or compensatory time accruals as provided for in this Section.
This provision may be waived at the discretion of the Department Head or his/her
designee.
h. When an employee promotes, demotes or transfers from one classification
eligible for compensatory time off to another classification eligible for
compensatory time off within the same department, the employee's accrued
compensatory time off balance will be carried forward with the employee.
i. Compensatory time accrual balances will be paid off when an employee moves
from one department to another through promotion, demotion or transfer. Said
payoff will be made in accordance with the provisions and salary of the class
from which the employee is promoting, demoting or transferring as set forth in
7.2.j. below.
j. Since employees accrue overtime compensatory time off at the rate of one and
one-half (1-1/2) hours for each hour of authorized overtime worked, accrued
overtime compensatory time balances will be paid off at the straight time rate for
the employee's current salary whenever:
1. the employee separates from County service;
2. the employee retires.
DAIA - 16 - 2016-2019 MOU
SECTION 8 – CELL PHONES
k. The Office of the County Auditor-Controller will establish timekeeping procedures
to administer this Section.
7.4 Court Appearance Overtime. The County agrees to provide a minimum of four
(4) hours overtime credit when in the line of duty employees in the classes of District
Attorney Inspector and District Attorney Senior Inspector are required to attend a duly
constituted judicial proceeding on his/her regularly scheduled day off.
SECTION 8 – CELL PHONES
Inspectors and Senior Inspectors are required to retain a County-issued cell phone in
his/her immediate possession at all times, and keep it activated while on duty or when
not available at the phone number provided to the Department for after hours contact.
Inspectors and Senior Inspectors shall respond by telephone as soon as possible after
receiving a message.
SECTION 9 - ON-CALL/CALL BACK
The Senior Inspector will be on-call for one (1) week intervals beginning at 0800 hours
on a Wednesday and continuing until 0800 hours the following Wednesday. During the
on-call interval, the employee must be ready to immediately report for duty and must
arrange so that a supervisor can reach the employee within ten (10) minutes or less.
A County vehicle may be used and driven home during the on-call interval, and must be
used in compliance with the County Vehicle Use Policy.
Inspectors of all classes, whether or not on-call, may be called out to an incident after
normal working hours, and may be required to respond in their personal vehicle. If an
employee uses their personal vehicle they shall be reimbursed per Section 25 –
Mileage, of this MOU.
Any employee called out to an incident after normal work hours shall receive overtime
or compensatory time at the appropriate rate for actual hours worked plus one (1) hour.
An employee who is called back after normal working hours shall be paid a minimum of
two (2) hours at the appropriate rate for each call back.
Employees who are assigned in writing to on-call status will be compensated at the rate
of two hundred seventy-two dollars and fifty cents ($272.50) per week.
SECTION 10 - SENIORITY, WORKFORCE REDUCTION, LAYOFF &
REASSIGNMENT
10.1 Workforce Reduction. In the event that funding reductions or shortfalls in
funding occur in a department or are expected, which may result in layoffs, the
department will notify the Association and take the following actions:
DAIA - 17 - 2016-2019 MOU
SECTION 10 - SENIORITY, WORKFORCE REDUCTION, LAYOFF &
REASSIGNMENT
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.
g. When it appears to the Department Head and/or Labor Relations Manager that
the Board of Supervisors may take action which will result in the layoff of
employees in a representation unit, the Labor Relations Manager shall notify the
Association of the possibility of such layoffs and shall meet and confer with the
Association regarding the implementation of the action.
10.2 Separation 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).
DAIA - 18 - 2016-2019 MOU
SECTION 10 - SENIORITY, WORKFORCE REDUCTION, LAYOFF &
REASSIGNMENT
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
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
DAIA - 19 - 2016-2019 MOU
SECTION 10 - SENIORITY, WORKFORCE REDUCTION, LAYOFF &
REASSIGNMENT
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.
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
DAIA - 20 - 2016-2019 MOU
SECTION 10 - SENIORITY, WORKFORCE REDUCTION, LAYOFF &
REASSIGNMENT
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.
10.3 Notice. The County agrees to give employees scheduled for layoff at least ten
(10) work days notice prior to their last day of employment.
10.4 Special Employment Lists. The County will establish a TET Employment Pool
which will include the names of all laid off County employees. Special employment lists
for job classes may be established from the pool. Persons placed on a special
employment list must meet the minimum qualifications for the class. An appointment
from such a list will not affect the individual's status on a layoff list(s).
DAIA - 21 - 2016-2019 MOU
SECTION 11 - HOLIDAYS
10.5 Reassignment of Laid Off Employees. Employees who displaced within the
same classification from full time to part-time or intermittent status in a layoff, or who
voluntarily reduced their work hours to reduce the impact of layoff, or who accepted a
position of another status than that from which they were laid off upon referral from the
layoff list, may request reassignment back to their pre-layoff status (full time or part-time
or increased hours). The request must be in writing in accord with each department's
reassignment bid or selection process. Employees will be advised of the reassignment
procedure to be followed to obtain reassignment back to their former status at the time
of the workforce reduction. The most senior laid off employee in this status who
requests such a reassignment will be selected for the vacancy; except when a more
senior laid off individual remains on the layoff list and has not been appointed back to
the class from which laid off, a referral from the layoff list will be made to fill the
vacancy.
SECTION 11 - HOLIDAYS
11.1 Holidays Observed. The County will observe the following holidays:
January 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
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.
Each full-time employee will accrue two (2) hours of personal holiday credit per month.
Such personal holiday time may be taken in increments of one-tenth (1/10) of an hour,
and preference of personal holidays will be given to employees according to their
seniority in their department as reasonably as possible.
Permanent part-time employees will receive personal holiday credit in the same ratio to
the personal holiday credit given full-time employees as the number of hours per week
in the part-time employee's schedule bears to the number of hours in the regular full-
time schedule.
Employees shall accrue their personal holiday credit during months they are in pay
status provided however that no employee may accrue more than forty (40) hours of
personal holiday credit. On separation from County service, an employee shall be paid
for any unused personal holiday credits at the employee's then current pay rate.
11.2 Holidays Observed – Full-Time Employees: Full-time employees on a regular
schedule are entitled to observe a holiday (day off work), without a reduction in pay,
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whenever a holiday is observed by the County. 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.
11.3 Holidays Observed – Part-Time Employees: Permanent, part-time employees
are entitled to observe a holiday (day off work) in the same ratio as the number of hours
in the part time employee’s weekly schedule bears to forty (40) hours.
11.4 Holiday is WORKED and Holiday Falls on Regularly Scheduled Work Day
(for employees on a Regular Work Schedule, the holiday always falls on the
employee’s regularly scheduled work day): When a full-time employee works on a
holiday that falls on the employee’s regularly scheduled work day, the employee is
entitled to receive his/her regular salary. The employee is also entitled to receive
holiday pay at the rate of one and one half (1.5) times his/her base rate of pay (not
including differentials) for all hours worked, up to a maximum of eight (8) hours.
11.5 Automated Time Keeping: This agreement may be re-opened at the request of
either party for the purpose of meeting and conferring regarding the establishment of an
automated time keeping system.
SECTION 12 - VACATION LEAVE
12.1 Vacation Allowance. Employees in permanent positions are entitled to vacation
with pay. Accrual is based upon straight time hours of working time per calendar month
of service and begins on the date of appointment to a 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 credits may not be taken during the first six (6) months of
employment (not necessarily synonymous with probationary status) except where sick
leave has been exhausted; and none shall be allowed in excess of actual accrual at the
time vacation is taken.
12.2 Vacation Accrual Rates. All employees in the bargaining unit are entitled to the
following vacation accruals:
Monthly Maximum
Accrual Cumulative
Length of Service Hours Hours
Under 11 years 10 240
11 years 10-2/3 256
12 years 11-1/3 272
13 years 12 288
14 years 12-2/3 304
15 thru 19 years 13-1/3 320
20 thru 24 years 16-2/3 400
25 thru 29 years 20 480
30 years and up 23-1/3 560
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SECTION 12 - VACATION LEAVE
Service Award Date: An employee’s Service Award Date is used to determine when
an employee begins to accrue the next higher number of vacation hours. The Service
Award Date is the first date of a temporary, provisional, or permanent appointment to a
position in the County. If an employee is first appointed to a temporary or provisional
position and then later appointed to a permanent position, the Service Award Date for
that employee is the date of the temporary or provisional appointment.
Increased Vacation Accruals Granted in Recognition of Long Service: Each
employee is eligible to begin to accrue increased vacation hours on the first day of the
month following the employee's Service Award Date.
Example One:
1. The employee’s Service Award Date is January 1, 1988.
2. The employee reached 20 years of service on January 1, 2008.
3. February 1, 2008 is the date on which the employee is eligible to begin accruing
16.66 hours of vacation time each month.
Example Two:
1. An employee’s Service Award Date is February 24, 1987.
2. The employee reached 20 years of service on February 24, 2007.
3. March 1, 2007 is the date on which the employee is eligible to begin accruing
16.66 hours of vacation time each month.
12.3 Accrual During Leave Without Pay. No employee who has been granted a
leave without pay or unpaid military leave shall accrue any vacation credit during the
time of such leave, nor shall an employee who is absent without pay accrue vacation
credit during the absence.
12.4 Vacation Allowance for Separated Employees. On separation from County
service, an employee shall be paid for any unused vacation credits at the employee's
then current pay rate.
12.5 Accrual on Prorated Basis. Employees in permanent part-time and permanent-
intermittent positions shall accrue vacation benefits on a prorated basis as provided in
Resolution 81/1165, Section 32-2.006.
12.6 Vacation Leave on Reemployment from a Layoff List. Employees with six (6)
months or more service in a permanent position prior to their layoff, who are employed
from a layoff list, shall be considered as having completed six (6) months tenure in a
permanent position for the purpose of vacation leave. The appointing authority or
designee will advise the Auditor-Controller's Payroll Unit in each case where such
vacation is authorized so that appropriate payroll system override actions can be taken.
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SECTION 13 - SICK LEAVE
SECTION 13 - SICK LEAVE
13.1 Purpose of Sick Leave. The primary purpose of paid sick leave is to ensure
employees against loss of pay for temporary absences from work due to illness or
injury. It is a benefit extended by the County and may be used only as authorized; it is
not paid time off which employees may use for personal activities.
13.2 Credits to and Charges Against Sick Leave. Sick leave credits accrue at the
rate of eight (8) working hours credit for each completed month of service. 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 canceled, unless the separation results from layoff, in which case the
accumulated credits shall be restored if re-employed in a permanent position within the
period of lay off eligibility.
Upon retirement, an employee's accumulated sick leave is converted to retirement on
the basis of one (1) day of retirement service credit for each day of accumulated sick
leave credit.
13.3 Policies Governing the Use of Paid Sick Leave. As indicated above, the
primary purpose of paid sick leave is to ensure employees against loss of pay for
temporary absences from work due to illness or injury. The following definitions apply:
Immediate Family means and includes only the spouse, son, stepson, daughter,
stepdaughter, father, stepfather, mother, stepmother, brother, sister, grandparent,
grandchild, father-in-law, mother-in-law, daughter-in-law, son-in-law, brother-in-law,
sister-in-law, foster children, aunt, uncle, cousin, stepbrother, stepsister, or domestic
partner of an employee and/or includes any other person for whom the employee is the
legal guardian or conservator, or any person who is claimed as a "dependent" for IRS
reporting purposes by the employee.
Employee means any person employed by Contra Costa County in an allocated position
in the County service.
Paid Sick Leave Credits means those sick leave credits provided for by County Salary
Regulations and Memoranda of Understanding.
Condition/Reason: With respect to necessary verbal contacts and confirmations which
occur between the department and the employee when sick leave is requested or
verified, a brief statement in non-technical terms from the employee regarding inability
to work due to injury or illness is sufficient.
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Accumulated paid sick leave credits may be used, subject to appointing authority
approval, by an employee in pay status, but only in the following instances:
a. Temporary Illness or Injury of an Employee. Paid sick leave credits may be used
when the employee is off work because of a temporary illness or injury.
b. Permanent Disability Sick Leave. Permanent disability means the employee
suffers from a disabling physical injury or illness and is thereby prevented from
engaging in any County occupation for which the employee is qualified by reason
of education, training or experience. Sick leave may be used by permanently
disabled employees until all accruals of the employee have been exhausted or
until the employee is retired by the Retirement Board, subject to the following
conditions:
1. An application for retirement due to disability has been filed with the
Retirement Board.
2. Satisfactory medical evidence of such disability is received by the
appointing authority within thirty (30) days of the start of use of sick leave
for permanent disability.
3. The appointing authority may review medical evidence and order further
examination as deemed necessary, and may terminate use of sick leave
when such further examination demonstrates that the employee is not
disabled, or when the appointing authority determines that the medical
evidence submitted by the employee is insufficient, or where the above
conditions have not been met.
c. Communicable Disease. An employee may use paid sick leave credits when
under a physician's order to remain secluded due to exposure to a communicable
disease.
d. Sick Leave Utilization for Pregnancy Disability. Employees whose disability is
caused or contributed to by pregnancy, miscarriage, abortion, childbirth, or
recovery therefrom, shall be allowed to utilize sick leave credit to the maximum
accrued by such employee during the period of such disability under the
conditions set forth below:
1. Application for such leave must be made by the employee to the
appointing authority accompanied by a written statement of disability from
the employee's attending physician. The statement must address itself to
the employee's general physical condition having considered the nature of
the work performed by the employee, and it must indicate the date of the
commencement of the disability as well as the date the physician
anticipates the disability to terminate.
2. If an employee does not apply for leave and the appointing authority
believes that the employee is not able to properly perform her work or that
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her general health is impaired due to disability caused or contributed to by
pregnancy, miscarriage, abortion, childbirth or recovery therefrom the
employee shall be required to undergo a physical examination by a
physician selected by the County. Should the medical report so
recommend, a mandatory leave shall be imposed upon the employee for
the duration of the disability.
3. Sick leave may not be utilized after the employee has been released from
the hospital unless the employee has provided the County with a written
statement from her attending physician stating that her disability continues
and the projected dates of the employee's recovery from such disability.
e. Medical & Dental Appointments. An employee may use paid sick leave credits:
1. For working time used in keeping medical and dental appointments for the
employee's own care; and
2. For working time used by an employee for prescheduled medical and
dental appointments for an immediate family member.
f. Emergency Care of Family. An employee may use paid sick leave credits for
working time used in cases of illness or injury to an immediate family member.
g. Death of Family Member. An employee may use paid sick leave credits for
working time used because of a death in the employee's immediate family, but
this shall not exceed three (3) working days, plus up to two (2) days of work time
for necessary travel.
h. Accumulated paid sick leave credits may not be used in the following situations:
1. Self-inflicted Injury. For time off from work for an employee's illness or
injury caused by his/her willful misconduct.
2. Vacation. Paid sick leave credits may not be used for an employee's
illness or injury which occurs while he/she is on vacation but the County
Administrator may authorize it when extenuating circumstances exist and
the appointing authority approves.
3. Not in Pay Status. Paid sick leave credits may not be used when the
employee would otherwise be eligible to use paid sick leave credits but is
not in pay status.
13.4 Administration of Sick Leave. The proper administration of sick leave is a
responsibility of the employee and the Department Head. The following procedures
apply:
a. Employees are responsible for notifying the Investigative Unit Supervisor of an
absence as early as possible prior to the commencement of their work shift and
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in accordance with 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.
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/she deems necessary including medical verification of illness.
13.5 Disability.
a. An employee physically or mentally incapacitated for the performance of duty is
subject to dismissal, suspension or demotion, subject to the County Employees
Retirement Law of 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 employee's duties.
b. An appointing authority who has reasonable cause to believe that there are
physical or mental health conditions present in an employee which endanger the
health or safety of the employee, other employees, or the public, or which impair
the employee's performance of duty, may order the employee to undergo at
County expense and on the employee's paid time, a physical, medical and/or
psychiatric examination by a licensed physician or psychologist and receive a
report of the findings on such examination. If the examining physician or
psychologist recommends that treatment for physical or mental health problems,
including leave, are in the best interests of the employee or the County in
relation to the employee overcoming any disability and/or performing his/her
duties the appointing authority may direct the employee to take such leave
and/or undergo such treatment.
c. Leave due to temporary or permanent disability shall be without prejudice to the
employee's right to use sick leave, vacation, or any other benefit to which the
employee is entitled other than regular salary. The Human Resources Director
may order lost pay restored for good cause and subject to the employee's duty
to mitigate damages.
d. Before an employee returns to work from any absence for illness or injury, other
leave of absence or disability leave, exceeding two weeks in duration, the
appointing authority may order the 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
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the report shows that such employee is physically or mentally incapacitated for
the performance of duty, the appointing authority may take such action as
he/she deems necessary in accordance with appropriate provisions of this
MOU.
e. Before an employee is placed on an unpaid leave of absence or suspended
because of physical or mental incapacity under (A) or (B) above, the employee
shall be given notice of the proposed leave of absence or suspension by letter
or memorandum, delivered personally or by certified mail, containing the
following:
1. a statement of the leave of absence or suspension proposed;
2. the proposed dates or duration of the leave or suspension which may be
indeterminate until a certain physical or mental health condition has been
attained by the employee;
3. a statement of the basis upon which the action is being taken;
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:
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SECTION 13 - SICK LEAVE
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.
l. If the appeal is to a Disability Review Arbitrator, the employee (and his/her
representative) will meet with the County's representative to mutually select the
Disability Review Arbitrator, who may be a de facto arbitrator, or a physician, or a
rehabilitation specialist, or some other recognized specialist mutually selected by
the parties. The arbitrator shall hear and review the evidence. The decision of the
Disability Review Arbitrator shall be binding on both the County and the
employee.
Scope of the Arbitrator's Review.
a. The arbitrator may affirm, modify or revoke the leave of absence or
suspension.
b. The arbitrator may make his/her decision based only on evidence
submitted by the County and the employee.
c. The arbitrator may order back pay or paid sick leave credits for any period
of leave of absence or suspension if the leave or suspension is found not
to be sustainable, subject to the employee's duty to mitigate damages.
d. The arbitrator's fees and expenses shall be paid one-half by the County
and one-half by the employee or employee's association.
13.6 Workers' Compensation.
a. State Labor Code 4850 Pay. Law enforcement officers as defined in State Labor
Code 4850 who are members of the Contra Costa County Retirement System
continue to receive full salary benefits in lieu of temporary disability during any
absence from work which qualifies for workers' compensation benefits.
Currently, the maximum 4850 pay is one (1) year for any injury or illness. To be
eligible for this benefit the employee must be under the care of a physician. All
4850 pay shall be approved by the County Administrator's Office, Risk
Management Division.
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b. Sick Leave and Vacation. Sick leave and vacation shall accrue in accordance
with the provision of State Labor Code 4850.
c. 4850 Pay Beyond One Year. If an injured employee remains eligible for workers'
compensation temporary disability benefits beyond one (1) year, full salary will
continue by integrating sick leave and/or vacation accruals with workers'
compensation benefits (use of vacation accruals must be approved by the
department and the employee). If salary integration is no longer available
because accruals are exhausted, workers' compensation benefits will be paid
directly to the employee as prescribed by workers' compensation laws.
d. Rehabilitation Integration. An injured employee who is eligible for workers'
compensation rehabilitation temporary disability benefits and who has exhausted
4850 pay eligibility will continue to receive full salary by integrating sick leave
and/or vacation accruals with workers' compensation rehabilitation temporary
disability benefits. When these accruals are exhausted, the rehabilitation
temporary disability benefits will be paid directly to the employee as prescribed
by workers' compensation laws.
e. Health Insurance. The County contribution to the employee's group insurance
plan(s) continues 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
g. Medical Examinations. Whenever possible, medical exams or follow-up medical
appointments for job-related illness or injury scheduled during work hours will be
at the beginning or end of the employee's shift so as to minimize time lost from
work.
13.7 Integration of SDI. On May 26, 1981 the Board of Supervisors established a
Labor Management Committee to administer a rehabilitation program for disabled
County employees. It is understood that the benefits specified above in this Section 13
shall be coordinated with any disabled employee's rehabilitation program.
13.8 Accrual During Leave Without Pay. No employee who has been granted a
leave without pay or an unpaid military leave shall accrue any sick leave credits during
the time of such leave nor shall an employee who is absent without pay accrue sick
leave credits during the absence.
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SECTION 14 - LEAVE OF ABSENCE
SECTION 14 - LEAVE OF ABSENCE
14.1 Leave Without Pay. Any employee who has permanent status in the classified
service may be granted a leave of absence without pay upon written request, approved
by the appointing authority; provided, however, that leaves for pregnancy, pregnancy
disability, serious health conditions, and family care shall be granted in accordance with
applicable state and federal law.
14.2 General Administration - Leaves of Absence. Requests for leave without pay
shall be made upon forms prescribed by the Director of Human Resources and shall
state specifically the reason for the request, the date when it is desired to begin the
leave, and the probable date of return.
a. Leave without pay may be granted for up to one (1) year for any of the following
reasons:
1. Illness, disability or serious health condition;
2. pregnancy or pregnancy disability;
3. family care;
4. to take a course of study such as will increase the employee's usefulness
on return to the position;
5. for other reasons or circumstances acceptable to the appointing authority.
b. An employee should request a leave of absence at least thirty (30) days before
the leave is to begin if the need for the leave is foreseeable. If the need is not
foreseeable, the employee must provide written notice to the employer within five
(5) days of learning of the event by which the need for a leave of absence arises.
c. An appointing authority may extend such leave for additional periods. The
procedure in granting extensions shall be the same as that in granting the
original leave, provided that the request for extension must be made not later
than thirty (30) calendar days before the expiration of the original leave.
14.3 Family Care or Medical Leave (FMLA).
a. Definitions. For medical and family care leaves of absence under Section 14, the
following definitions apply:
1. Child: A biological, adopted, or foster child, stepchild, legal ward,
conservatee, or a child who is under eighteen (18) years of age for whom
an employee stands in loco parentis or for whom the employee is the
guardian or conservator, or an adult dependent child of the employee.
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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 California Civil Code Section
4100.
4. Domestic Partner: An unmarried person, eighteen (18) years or older, to
whom the employee is not related and with whom the employee resides
and shares the common necessities of life.
5. Serious Health Condition: An illness, injury, impairment, or physical or
mental condition which involves either inpatient care in a hospital, hospice
or residential health care facility or continuing treatment or continuing
supervision by a health care provider (e.g. physician or surgeon) and
which, for family care leave only, warrants the participation of a family
member to provide care during a period of treatment or supervision, as
defined by state and federal law.
6. Certification for Family Care Leave: A written communication to the
employer from a health care provider of a person for whose care the leave
is being taken which need not identify the serious health condition
involved, but shall contain:
a. the date, if known, on which the serious health condition
commenced;
b. the probable duration of the condition;
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;
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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 14.2 notwithstanding, upon request to the appointing authority, during a
“rolling” twelve (12) month period measured backward from the date an
employee uses his/her/her FMLA leave, any employee who has permanent
status shall be entitled to, and shall be granted, at least twelve (12) weeks leave
(less if so requested by the employee) for:
1. medical leave of absence for the employee's own serious health condition
which makes the employee unable to perform the functions of the
employee's position; or
2. family care leave of absence without pay for reason of the birth of a child
of the employee, the placement of a child with an employee in connection
with the adoption or foster care of the child by the employee, or the
serious illness or health condition of a child, parent, spouse, or domestic
partner of the employee.
The employee may be asked to provide certification of the need for family
care leave or medical leave. Additional period(s) of family care or medical
leave may be granted by the appointing authority.
c. Intermittent Use of Leave. The 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 14.6.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. Aggregate Use for Spouse. In the situation where husband and wife are both
employed by the County, the family care or medical leave entitlement based on
the birth, adoption or foster care of a child is limited to an aggregate for both
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employees together of twelve (12) weeks during a “rolling” twelve (12) month
period measured backward from the date the employee uses his/her FMLA
leave. Employees requesting family care leave are required to advise their
appointing authority(ies) when their spouse is also employed by the County.
14.4 Pregnancy Disability Leave. Insofar as pregnancy disability leave is used
under Section 13.3.d - Sick Leave Utilization for Pregnancy Disability, that time will not
be considered a part of the twelve (12) week family care leave period.
14.5 Group Health Plan Coverage.
a. During Leave of Absence. Employees who were members of one of the group
health plans prior to commencement of their leave of absence can maintain their
health plan coverage with the County contribution by maintaining their
employment in pay status as described in Section 14.6. In order to maintain such
coverage, employees are required to pay timely the full employee contribution to
maintain their group health plan coverage, either through payroll deduction or by
paying the County directly.
b. During Medical or Family Care Leave. During the twelve (12) weeks of an
approved medical or family care leave under Section 14.3 above, the County will
continue its contribution for such health plan coverage even if accruals are not
available for use to maintain pay status as required under Section 14.6. In order
to maintain such coverage, employees are required to pay timely the full
employee contribution to maintain their group health plan coverage, either
through payroll deduction or by paying the County directly.
14.6 Leave Without Pay - Use of Accruals.
a. All Leaves of Absence. During the first twelve (12) month period of any leave of
absence without pay, an employee may elect to maintain pay status each month
by using at least 0.1 hour of available sick leave (if so entitled under Section 13 -
Sick Leave), vacation, floating holiday, compensatory time off or other accruals
or entitlements; in other words, during the first twelve (12) months, a leave of
absence without pay may be "broken" into segments and accruals used on a
monthly basis at the employee's discretion. After the first twelve (12) months, the
leave period may not be "broken" into segments and accruals may not be used,
except when required by SDI/Sick Leave Integration.
b. Family Care or Medical Leave (FMLA). During the 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 13 - Sick Leave), vacation floating holiday,
compensatory time off or other accruals or entitlements if such are available,
although use of additional accruals is permitted under subsection A. above.
c. Sick leave accruals may not be used during any leave of absence, except as
allowed under Section 13 - Sick Leave.
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SECTION 14 - LEAVE OF ABSENCE
14.7 Military Leave. Any employee who is required to serve as a member of the
State Militia or the United States Army, Navy, Air Force, Marine Corps, Coast Guard or
any division thereof shall be granted a military leave for the period of such service, plus
ninety (90) days. An employee who volunteers for such service shall be granted a leave
of absence if necessary in accordance with applicable state or federal laws. Upon the
termination of such service or upon honorable discharge, the employee shall be entitled
to return to his/her position in the classified service provided such still exists and the
employee is otherwise qualified, without any loss of standing of any kind whatsoever.
An employee who has been granted a military leave shall not, by reason of such
absence, suffer any loss of vacation, holiday, or sick leave privileges which may be
accrued at the time of such leave, nor shall the employee be prejudiced thereby with
reference to salary adjustments or continuation of employment. For purposes of
determining eligibility for salary adjustments or seniority in case of layoff or promotional
examination, time on military leave shall be considered as time in County service.
Any employee who has been granted a military leave, may upon return, be required to
furnish such evidence of performance of military service or of honorable discharge as
the Director of Human Resources may deem necessary.
14.8 Return From Leave of Absence.
a. Early Return. Whenever an employee who has been granted a leave without pay
desires to return before the expiration of such leave, the employee shall submit a
request to the appointing authority in writing at least fifteen (15) days in advance
of the proposed early return provided, however, that less notification may be
approved at the discretion of the appointing authority or his/her designee. Early
return is subject to prior approval by the appointing authority. The Human
Resources Department shall be notified promptly of such return.
b. Leave of Absence Reinstatement. Any permanent employee who requests
reinstatement to the classification held by the employee in the same department
at the time the employee was granted a leave of absence, shall be reinstated to a
position in that classification and department and then only on the basis of
seniority.
c. Leave of Absence Replacement. In case of severance from service or
displacement by reason of the reinstatement of a permanent employee returning
from a leave of absence, the provisions of Section 10 (Seniority, Workforce
Reduction, Layoff, & Reassignment Seniority) shall apply.
d. Reinstatement From Family Care or Medical Leave of Absence. In the case of a
family care or medical leave, an employee on a 5/40 schedule shall be reinstated
to the same or comparable position if the return to work is after no more than
ninety (90) work days of leave from the initial date of a continuous leave,
including use of accruals, or within the equivalent on an alternate work schedule.
A full time employee taking an intermittent or reduced work schedule leave shall
be reinstated to the same or comparable position if the return to work on a full
schedule is after no more than 720 hours, including use of accruals, of
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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.
14.9 Appeal of Denial. The decision of the appointing authority on granting or
denying leave or early return from leave shall be subject to appeal to the Director of
Human Resources and not subject to appeal through the grievance procedure set forth
in this MOU.
14.10 Salary Review While on Leave of Absence. The salary of an employee who is
on leave of absence from a County position on any anniversary date and who has not
been absent from the position on leave without pay more than six (6) months during the
preceding year shall receive salary increments that may accrue to them during the
period of military leave.
14.11 Unauthorized Absence. An unauthorized absence from the work site or failure
to report for duty after a leave request has been disapproved, revoked, or canceled by
the appointing authority, or at the expiration of a leave shall be without pay. Such
absence may also be grounds for disciplinary action.
14.12 Furlough Days Without 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 Sections 12.1, 13.2,
13.8 and 14.1 of this MOU regarding the computation of vacation, sick leave, floating
holiday and other accrual credits as regards furlough time only. For payroll purposes,
furlough time (absence without pay with prior authorization of the appointing authority)
shall be reported separately from other absences without pay to the Auditor-Controller.
SECTION 15 - JURY DUTY AND WITNESS DUTY
15.1 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.
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SECTION 15 - JURY DUTY AND WITNESS DUTY
Employees shall advise their department as soon as possible if scheduled to appear for
jury duty.
If summoned for jury duty in a Superior or Federal Court, or a Coroners jury, employees
may remain in their regular County pay status, or they 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
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/her 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.
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.
15.2 Witness Duty. Employees called upon as a witness or an expert witness in a
case arising in the course of their work or the work of another department may remain in
their regular pay status and turn over to the County all fees and expenses paid to them
other than mileage allowance or they may take vacation leave or leave without pay and
retain all fees and expenses.
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SECTION 16 - MEDICAL, DENTAL, AND LIFE INSURANCE
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 15.1 of this MOU.
Employees shall advise their department as soon as possible if scheduled to appear for
witness duty. Permanent intermittent employees are entitled to paid witness duty only
for those days on which they were previously scheduled to work.
SECTION 16 - MEDICAL, DENTAL, AND LIFE INSURANCE
16.1 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 DAIA. 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.
16.2 Contra Costa Health Plan (CCHP). Because CCHP has met the minimum
standards required under PEMHCA and is approved as an alternative CalPERS plan
option, DAIA members and COBRA counterparts may elect to enroll in CCHP under the
CalPERS plan rules and regulations.
16.3 CalPERS Health Plan Monthly Premium Subsidy. The County 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 16.3.
A. County Premium Subsidy On and After January 1, 2015.
For the plan year that begins on January 1, 2015, the County will pay the
following monthly premium subsidy for each health plan:
Employee/Retiree/Survivor Only $608.87
Employee/Retiree/Survivor & One Dependent $1,217.74
Employee/Retiree/Survivor & Two or more Dependents $1,583.07
In addition, if there is an increase in the monthly premium charged by a health
plan for 2015 that exceeds the above stated amounts, 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
any premium increase for each health plan.
B. Effective January 1, 2015, in the first calendar year that a new health plan is
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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.
C. 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.
16.4 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.
16.5 County Dental Plan Premium Subsidy On and After January 1, 2016. The
County’s subsidy to the monthly dental plan premiums shall be as provided below. This
subsidy is 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) hours per week may
enroll in a dental plan but are not entitled to the County’s premium subsidy. Any
increases in dental plan costs greater than the County’s premium subsidy identified
below shall be borne by the employee.
A. County premium subsidy for 2016 and thereafter. For calendar year 2016, the
County will pay the following monthly premium subsidy:
Dental Plans:
Delta Dental
Single $32.69
Family $73.64
DeltaCare (PMI)
Single $22.30
Family $48.19
Delta Dental without health plan
Single $42.44
Family $95.62
DeltaCare (PMI) without health plan
Single $28.91
Family $62.49
In addition, if there is an increase in the monthly premium charged by a dental plan for
2016 that exceeds the above stated amounts, 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 any premium increase for each
dental plan.
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B. If the County premium subsidy amounts are greater than one hundred percent
(100%) of the applicable premium of any dental plan, for any plan year, the
County’s contribution will not exceed one hundred percent (100%) of the
applicable plan premium.
C. Eligible Family Members. The following persons may be enrolled as the Eligible
Family Members of a dental plan subscriber.
1. Eligible Dependents:
a. Employee’s legal spouse
b. Employee’s qualified domestic partner
c. Employee’s Disabled Child who is:
i. Over age 19,
a). Unmarried; and
b). Incapable of sustaining employment due to a physical
or mental disability that existed prior to the child’s
attainment of age 19.
d. Delta Dental Only - Employee’s unmarried child who is:
i. Under age 19; or
ii. Age 19, or above, but under age 24; and
a). Resides with the Employee for more than 50% of the
year, excluding time living at school, and
b). Receives at least 50% of support from Employee; and
c). Is enrolled and attends school on a full-time basis, as
defined by the school.
e. Delta Care Only – Employee’s child to age 26.
2. “Employee’s child” includes natural child, step-child, adopted child, child of
a qualified domestic partner, and a child specified in a Qualified Medical
Child Support Order (QMSCO) or similar court document.
3. For purposes of this Section 16.5 – County Dental Plan Premium Subsidy
On and After January 1, 2016 and Section 16.12 – Retirement Coverage,
“Eligible Family Member” does not include Survivors of employees or
retirees.
16.6 Orthodontia Coverage. The County will offer Orthodontia coverage to all
permanent employees in classes represented by the DAIA 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.
16.7 Rate Information. The County Benefits Service Unit will make dental plan rate
information and, to the extent possible, CalPERS health plan rate information available
to employees and departments upon request. In addition, the County Benefits Service
Unit will publish and distribute to employees and departments information about rate
changes as they occur during the year.
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SECTION 16 - MEDICAL, DENTAL, AND LIFE INSURANCE
16.8 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.
16.9 Life Insurance Contributions. The County will pay the entire premium on
behalf of permanent full-time and permanent part-time employees regularly scheduled
to work at least twenty (20) hours per week who elect health and/or dental coverage.
Permanent-intermittent and permanent part-time employees working less than twenty
(20) hours per week may participate in the Life Insurance Plan at their full personal
expense, which shall not exceed the County’s cost, provided they elect health and/or
dental coverage.
16.10 Premium Payments. Employee participation in any health, dental, or life
insurance plan is contingent upon the employee authorizing payroll deduction by the
County of the employee’s share of the premium cost. The County's contribution to
health plan and dental plan monthly premiums are payable as follows:
A. 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 by the tenth day of each month. The responsibility for
this payment rests solely with the employee.
B. Dental and Life Insurance Plans. The County's contribution to the dental and life
insurance premium (as described in Sections 16.5 and 16.9) is payable monthly.
If an employee’s compensation in any month is not sufficient to pay the employee
share of the premium, the employee must make up the difference by remitting
the amount delinquent to the County by the tenth day of each month. The
responsibility for this payment rests solely with the employee.
16.11 Extended Coverage. An employee on approved leave without pay shall be
allowed to continue his/her health/dental/life insurance coverage provided that the
employee shall pay their share of the monthly premium 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.
16.12 Retirement Coverage.
A. Retirement Coverage. Upon retirement, employees and eligible family
members may, subject to plan requirements, remain in the same County group
medical and/or dental plan, if immediately before their retirement they are either
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SECTION 16 - MEDICAL, DENTAL, AND LIFE INSURANCE
active subscribers to one of the County contracted health/dental plans, including
CalPERS plans, or if while on authorized leave of absence without pay, they
have retained continuous coverage during the leave period.
B. Retirement Medical Coverage.
Government Code section 22892 applies to all employees who retire under the
Contra Costa County Employees’ Retirement Association (CCCERA).
16.13 Dual Coverage.
A. CalPERS Health Plan. Employees must adhere to the rules as established by
CalPERS.
B. On and after January 1, 2013, 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, 2013, 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 16.13 - 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.
16.14 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.
16.15 PERS Long Term Care. The County will deduct and remit monthly premium and
eligible lists to the PERS Long Term Care Administrator, at no County administrative
cost, for County employees who are eligible and voluntarily elect to purchase long term
care through the PERS Long Term Care Program.
The County further agrees that County employees interested in purchasing PERS Long
Term Care may participate in meetings scheduled by PERS Long Term Care on County
facilities during non-work hours (i.e. coffee breaks, lunch hour).
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SECTION 17 - PROBATIONARY PERIOD
16.16 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.
16.17 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.
16.18 Health Benefit Coverage for Employees Not Otherwise Covered. To access
County health plans, an employee represented by the Association who is not otherwise
eligible for health coverage by the County, must be eligible to receive an offer of
coverage from the County under the federal Patient Protection and Affordable Care Act
(“ACA”). 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.
16.19 Prevailing Section. To the extent that any provision of this Section (Section 16
– 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 16 – Medical,
Dental, and Life Insurance) will prevail.
SECTION 17 - PROBATIONARY PERIOD
17.1 Duration. All appointments from officially promulgated employment lists for
original entrance or promotion shall be subject to a probationary period. This period
shall be from six (6) months to two (2) years duration.
17.2 Probation Periods Over Six Months. Listed below are those classes
represented by the Association which have probation periods in excess of six (6)
months:
D.A. Inspector One (1) year
D.A. Sr. Inspector One (1) year
17.3 Revised Probationary Period. When the probationary period for a class is
changed, only new appointees to positions in the classification shall be subject to the
revised probationary period.
17.4 Length of Probationary Period. The probationary period shall commence from
the date of appointment. It shall not include time served in provisional or temporary
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SECTION 17 - PROBATIONARY PERIOD
appointments or any period of continuous absence or industrial or non-industrial leave
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.
17.5 Rejection During Probation. An employee who is rejected during the probation
period and restored to the eligible list shall begin a new probationary period if
subsequently certified and appointed.
A. Appeal from rejection. Notwithstanding any other provisions of this section, an
employee (probationer) shall have the right to appeal from any rejection during
the probationary period based on political or religious affiliations or opinions,
union activities, or race, color, national origin, sex, age, disability or sexual
orientation.
B. The appeal must be written, must be signed by the employee and set forth the
grounds and facts by which it is claimed that grounds for appeal exist under
subsection (A) and must be filed through the Director of Human Resources to the
Merit Board by 5:00 p.m. on the seventh (7th) calendar day after the date of
delivery to the employee of notice of rejection.
C. The Merit Board shall consider the appeal, and if it finds probable cause to
believe that the rejection may have been based on grounds prohibited in
subsection (A), it may refer the matter to a Hearing Officer for hearing,
recommended findings of fact, conclusions of law and decision, pursuant to the
relevant provisions of the Merit Board rules in which proceedings the rejected
probationer has the burden of proof.
D. If the Merit Board finds no probable cause for a hearing, it shall deny the appeal.
If, after hearing, the Merit Board upholds the appeal, it shall direct that the
appellant be reinstated in the position and the appellant shall begin a new
probationary period unless the Merit Board specifically reinstates the former
period.
17.6 Regular Appointment. The regular appointment of a probationary employee
shall begin on the day following the end of the probationary period, subject to the
condition that the Director of Human Resources receive from the appointing authority a
statement in writing that the services of the employee during the probationary period
were satisfactory and that the employee is recommended for permanent appointment. A
probationary employee may be rejected at any time during the probation period without
regard to the Skelly provisions of this MOU, without notice and without right of appeal or
hearing. If the appointing authority has not returned the probation report, or the
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SECTION 17 - PROBATIONARY PERIOD
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/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 Human Resources Director whose decision is final.
The Director of Human Resources shall not certify the name of a person restored to the
eligible list to the same appointing authority by whom the person was rejected from the
same eligible list, unless such certification is requested in writing by the appointing
authority.
17.7 Layoff During Probation. An employee who is laid off during probation, if
reemployed in the same class by the same department, shall be required to complete
only the balance of the required probation.
If reemployed in another department or in another classification, the employee shall
serve a full probationary period. An employee appointed to a permanent position from a
layoff or reemployment list is subject to a probation period if the position is in a
department other than the department from which the employee separated, displaced,
or voluntarily demoted in lieu of layoff. An appointment from a layoff or reemployment
list is not subject to a probation period if the position is in the department from which the
employee separated, displaced or voluntarily demoted in lieu of layoff.
17.8 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 probation period if subsequently certified and
appointed in a different department or classification than that from which the employee
was laid off. If the employee is rejected during the probation period, the employee shall
be automatically restored to the layoff list, unless discharged for cause, if the rejection
occurs within the employee's period of layoff eligibility.
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SECTION 18 - PROMOTION
SECTION 18 - PROMOTION
18.1 Competitive Exam. Promotion shall be by competitive examination unless
otherwise provided in this MOU.
18.2 Promotion Policy. The Director of Human Resources, upon request of an
appointing authority, shall determine whether an examination is to be called on a
promotional basis.
18.3 Open Exam. If an examination for one of the classes represented by the
Association is proposed to be announced on an Open Only basis the Director of Human
Resources shall give five (5) days prior notice of such proposed announcement and
shall meet at the request of the Association to discuss the reasons for such open
announcement.
18.4 Promotion Via Reclassification Without Examination. Notwithstanding other
provisions of this Section, an employee may be promoted from one classification to a
higher classification and his/her position reclassified at the request of the appointing
authority and under the following conditions:
a. An evaluation of the position(s) in question must show that the duties and
responsibilities have significantly increased and constitute a higher level of work.
b. The incumbent of the position must have performed at the higher level for one (1)
year.
c. The incumbent must meet the minimum education and experience requirements
for the higher class.
d. The action must have approval of the Human Resources Director.
e. The Association approves such action.
The appropriate rules regarding probationary status and salary on promotion are
applicable.
18.5 Requirements for Promotional Standing. In order to qualify for an
examination called on a promotional basis, an employee must have probationary or
permanent status in the merit system and must possess the minimum qualifications for
the class. Applicants will be admitted to promotional examinations only if the
requirements are met on or before the final filing date. If an employee who is qualified
on a promotional employment list is separated from the merit system, except by layoff,
the employee's name shall be removed from the promotional list.
18.6 Seniority Credits. Employees who have qualified to take promotional
examinations and who have earned a total score, not including seniority credits, of
seventy 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
DAIA - 47 - 2016-2019 MOU
SECTION 19 - TRANSFER
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.
18.7 Physical Examination. County employees who are required as part of the
promotional examination process to take a physical examination, shall do so on County
time at County expense.
SECTION 19 - TRANSFER
19.1 Conditions. The following conditions are required in order to qualify for transfer:
a. The position shall be in the same class, or if in a different class shall have been
determined by the Director of Human Resources to be appropriate for transfer on
the basis of minimum qualifications and qualifying procedure;
b. the employee shall have permanent status in the merit system and shall be in
good standing;
c. the appointing authority or authorities involved in the transaction shall have
indicated their agreement in writing;
d. the employee concerned shall have indicated agreement to the change in writing.
e. the Director of Human Resources shall have approved the change.
Notwithstanding the foregoing, transfer may also be accomplished through the regular
appointment procedure provided that the individual desiring transfer has eligibility on a
list for a class for which appointment is being considered.
19.2 Procedure. Any employee or appointing authority who desires to initiate a
transfer may inform the Director of Human Resources in writing of such desire stating
the reasons therefore. The Director of Human Resources shall, if he/she considers that
the reasons are adequate and that the transfer will be for the good of the County service
and the parties involved, inform the appointing authority or authorities concerned and
the employee of the proposal and may take the initiative in accomplishing the transfer.
SECTION 20 - RESIGNATIONS
An employee's voluntary termination of service is a resignation. Written resignations
shall be forwarded to the Human Resources Department by the appointing authority
immediately upon receipt, and shall indicate the effective date of termination. Oral
resignation shall be immediately confirmed by the appointing authority in writing to the
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SECTION 20 - RESIGNATIONS
employee and to the Human Resources Department and shall indicate the effective
date of termination.
20.1 Resignation in Good Standing. A resignation giving the appointing authority
written notice at least two (2) weeks in advance of the last date of service (unless the
appointing authority requires a longer period of notice, or consents to the employee's
terminating on shorter notice) is a resignation in good standing.
20.2 Constructive Resignation. A constructive resignation occurs and is effective
when:
a. An employee has been absent from duty for five (5) consecutive working days
without leave, and;
b. Five (5) more consecutive work days have elapsed without response by the
employee after the mailing of a notice of resignation by the appointing authority
to the employee at the employee's last known address.
20.3 Effective Resignation. A resignation is effective when delivered or spoken to
the appointing authority, operative either on that date or another date specified.
20.4 Revocation. A resignation that is effective is revocable only by written
concurrence of the employee and the appointing authority.
20.5 Coerced Resignations.
a. Time Limit. A resignation which the employee believes has been coerced by the
appointing authority
may be revoked within seven (7) calendar days after its expression, by serving
written notice on the Director of Human Resources and a copy on the appointing
authority.
b. Reinstatement. If the appointing authority 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
22 – Grievance Procedure of the MOU beginning with Step C.
d. Disposition. If a final decision is rendered that determines that the resignation
was coerced, the resignation shall be deemed revoked and the employee
returned to duty effective on the day following the decision but without loss of
seniority or pay, subject to the employee's duty to mitigate damages.
DAIA - 49 - 2016-2019 MOU
SECTION 21 - DISMISSAL, SUSPENSION, DEMOTION, TEMPORARY
REDUCTION IN PAY & REDUCTION WITHIN CLASS
SECTION 21 - DISMISSAL, SUSPENSION, DEMOTION, TEMPORARY REDUCTION
IN PAY & REDUCTION WITHIN CLASS
21.1 Cause for Action. The appointing authority may dismiss, suspend, demote,
temporarily reduce the pay of, or reduce within class any employee for cause. The
reduction in pay may not exceed five percent (5%) for a three (3) month period. The
following are sufficient causes for such action; the list is indicative rather than inclusive
of restrictions and dismissal, suspension, reduction or demotion may be based on
reasons other than those specifically mentioned:
a. absence without leave,
b. conviction of any criminal act involving moral turpitude,
c. conduct tending to bring the merit system and/or the Office of the District
Attorney into disrepute,
d. disorderly or immoral conduct,
e. incompetence or inefficiency,
f. insubordination,
g. being at work under the influence of liquor or drugs, carrying onto the premises
liquor or drugs or consuming or using liquor or drugs during work hours and/or on
County premises,
h. neglect of duty, (i.e. non-performance of assigned responsibilities),
i. negligent or willful damage to public property or waste of public supplies or
equipment,
j. violation of any lawful or reasonable regulation or order given by a Supervisor or
Department Head,
k. willful violation of any of the provisions of the Merit System Ordinance or
Personnel Management Regulations,
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,
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SECTION 21 - DISMISSAL, SUSPENSION, DEMOTION, TEMPORARY
REDUCTION IN PAY & REDUCTION WITHIN CLASS
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.
21.2 Skelly Requirements - Notice of Proposed Action (Skelly Notice). Before
taking a disciplinary action to dismiss, suspend, for more than five (5) work days (four
(4) work days for employees on 4/10 work week), demote, temporarily reduce the pay
of, or reduce within class an employee, the appointing authority shall cause to be
served personally or by certified mail, on the employee, a Notice of Proposed Action,
which shall contain the following:
a. 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.
21.3 Employee Response. The employee upon whom a Notice of Proposed Action
has been served shall have seven (7) calendar days to respond to the appointing
authority either orally or in writing before the proposed action may be taken. Upon
request of the employee and for good cause, the appointing authority may extend in
writing the period to respond. If the employee's response is not filed within seven (7)
days or during any extension, the right to respond is lost.
21.4 Leave Pending Employee Response. Pending response to a Notice of
Proposed Action within the first seven (7) days or extension thereof, the appointing
authority for cause specified in writing may place the employee on temporary leave of
absence, with pay.
21.5 Suspensions Without Pay. Suspensions without pay shall not exceed thirty
(30) days unless ordered by an arbitrator, an adjustment board or the Merit Board. The
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SECTION 22 - GRIEVANCE PROCEDURE
thirty (30) day limit does not apply to suspension due to pending criminal charges as
provided in 21.6 below.
21.6 Procedure on Dismissal, Suspension, Reduction Within Class, Temporary
Reduction in Pay, or Disciplinary Demotion.
a. In any disciplinary action to dismiss, suspend, reduce within class, temporarily
reduce the pay of, or demote an employee having permanent status in a position
in the merit system after having complied with the Skelly requirements where
applicable, the appointing authority shall make an order in writing stating
specifically the causes for the action.
b. Service of Order. Said order of dismissal, suspension, reduction within class,
temporary reduction of pay, or demotion shall be filed with the Director of Human
Resources, showing by whom and the date a copy was served upon the
employee to be dismissed, suspended, reduced within class or demoted, either
personally or by certified mail to the employee's last known mailing address. The
order shall be effective either upon personal service or deposit in the U.S. Postal
Service.
c. Employee Appeals from Order. The employee may appeal an order of dismissal,
suspension, demotion, temporary reduction of pay, or reduction within class
either to the Merit Board or through the procedures of Section 22 - Grievance
Procedure of this MOU provided that such appeal is filed in writing with the
Human Resources Director within ten (10) calendar days after service of said
order. An employee may not both appeal to the Merit Board and file a grievance
under Section 22 of this MOU.
SECTION 22 - GRIEVANCE PROCEDURE
22.1 Definition. A grievance is any dispute which involves the interpretation or
application of any provision of this MOU excluding, however, those provisions of this
MOU which specifically provide that the decision of any County official shall be final, the
interpretation or application of those provisions not being subject to the grievance
procedure. The Association may represent the employee at any stage of the process.
Grievances must be filed within thirty (30) days of the incident or occurrence about
which the employee claims to have a grievance and shall be processed in the following
manner:
Step 1. Any employee or group of employees who believes that a provision of this MOU
has been misinterpreted or misapplied to his/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
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SECTION 22 - GRIEVANCE PROCEDURE
misinterpretation has affected him/her to his/her detriment, and the redress he/she
seeks. A copy of each written communication on a grievance shall be filed with the
Employee Relations Officer or his/her designee. The Department Head or his/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 his/her
designee. The Employee Relations Officer or his/her designee shall have twenty (20)
work days in which to investigate the merit of the complaint and to meet with the
Department Head and the 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 his/her designee. If the
parties are unable to reach a mutually satisfactory accord on any grievance which
arises and is presented during the term of this MOU, such grievance shall be submitted
in writing within seven (7) work days to an Adjustment Board comprised of three (3)
Association representatives, no more than two (2) of whom shall be either an employee
of the County or an elected or appointed official of the Association presenting this
grievance, and three (3) representatives of the County, no more than two (2) of whom
shall be either an employee of the County or a member of the staff or an organization
employed to represent the County in the meeting and conferring process. The
Adjustment Board shall meet and render a decision within twenty (20) work days of
receipt of the written request.
Step 5. If an Adjustment Board is unable to arrive at a majority decision, either the
employee (or the County, when alleging a violation of Section 22.5) may require that the
grievance be referred to an impartial arbitrator who shall be designated by mutual
agreement between the employee and the Employee Relations Officer or his/her
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 parties shall mutually select an arbitrator. The fees and expenses of the
arbitrator and of the Court Reporter shall be shared equally by the employee and the
County. Each party, however, shall bear the costs of its own presentation, including
preparation and post hearing briefs, if any.
22.2 Time Limits. The time limits specified above may be waived by mutual
agreement of the parties to the grievance. If the County fails to meet the time limits
specified in steps 1 through 3 above, the grievance will automatically move to the next
step. If an employee fails to meet the time limits specified in steps 1 through 4 above,
the grievance will be deemed to have been settled and withdrawn.
22.3 Notice. An official, with whom a formal grievance is filed by a grievant who is
included in a unit represented by the Association, but is not represented by the
Association in the grievance, shall give the Association a copy of the formal
presentation.
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SECTION 23 - RETIREMENT
22.4 Compensation Complaints. All complaints involving or concerning the payment
of compensation shall be initially filed in writing with the Employee Relations Officer or
his/her 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
two (2) years from the date upon which the complaint was filed.
No change in this MOU or interpretations thereof (except interpretations resulting from
Adjustment Board proceedings hereunder) will be recognized unless agreed to by the
County and the Association.
22.5 Strike/Work Stoppage. During the term of this MOU, the Association, its
members and representatives, agree that it and they will not engage in, authorize,
sanction, or support any strike, slowdown, stoppage of work, sickout, or refuse to
perform customary duties.
22.6 Merit Board.
a. All grievances of employees in representation units represented by the
Association shall be processed under Section 22 unless the employee elects to
apply to the Merit Board on matters within its jurisdiction.
b. No action under Step 3 and Step 4 of Subsection 22.1 above shall be taken if
action on the complaint or grievance has been taken by the Merit Board, or if the
complaint or grievance is pending before the Merit Board.
22.7 Filing by Association. The Association may file a grievance at Step 3 on behalf
of affected employees when action by the County Administrator or the Board of
Supervisors violates a provision of this MOU.
SECTION 23 - RETIREMENT
23.1 Payment of Employee Contributions. Effective on April 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 employees’ contribution. Employees are also responsible for the
payment of the employees’ contributions to the retirement cost of living program as
determined annually by the Board of Retirement without the County paying any part of
the employees’ contributions.
23.2 Safety Employees Retirement – Tier A - Employees Hired or Re-hired
Before January 1, 2013. For County employees hired or re-hired by the County before
January 1, 2013, or who are hired after that date but are not new members under
PEPRA, and who are safety members of CCCERA, the retirement formula shall be “3
DAIA - 54 - 2016-2019 MOU
SECTION 23 - RETIREMENT
percent at 50.” The cost of living adjustment (COLA) to the retirement allowance shall
not exceed three percent (3%) per year. The employee’s final compensation shall be
calculated based on a twelve (12) month salary average. This retirement benefit is
known as Tier A. Effective July 1, 2012, each such employee in Tier A shall pay three
percent (3%) of his/her retirement base to pay part of the employer’s contribution for
the cost of this retirement benefit. “Retirement base” means base salary and other
payments, such as salary differential and flat rate pay allowances, used to compute
retirement benefits.
Effective June 30, 2016, the payment of the 3% that the employee pays of his/her
retirement base to pay part of the employer’s contribution for the cost of Safety Tier A
will cease.
23.3 Thirty (30) Year Employees. Through the term of this Memorandum of
Understanding and any extensions thereof, an Association member with credit for more
than 30 years of continuous service as a safety member shall not make payments from
his/her retirement base to pay part of the employer’s contribution for the cost of Safety
Tier A.
23.4 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.
23.5 Re-opener – Election of Safety PEPRA Tier by Employees Hired on or
Before December 31, 2012. 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 DAIA members hired prior to January 1, 2013 from
additional tax liability if these employees have the opportunity to elect to enter the new
Safety PEPRA Tier, then the County and the Association agree to reopen this
agreement to meet and confer on 1) the possibility of allowing these employees to elect
to enter the Safety Retirement PEPRA Tier , 2) seeking State Legislation to authorize
these employees to make such an election, and 3) the process by which these
employees would be able to elect to enter the Safety PEPRA Tier if the enabling
legislation is enacted. Any changes to this agreement in these subject matter areas will
occur only upon the written agreement of the parties.
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SECTION 24 - SAFETY
SECTION 24 - SAFETY
The County shall expend every effort to see to it that the work performed under the
terms and conditions of this MOU is performed with a maximum degree of safety
consistent with the requirement to conduct efficient operations.
SECTION 25 - MILEAGE
The mileage allowance for the use of personal vehicles on County business shall be
paid according to the rates allowed by the Internal Revenue Service and shall be
adjusted to reflect changes in this rate on the date it becomes effective or the first of the
month following announcement of the changed rate by the Internal Revenue Service,
whichever is later.
SECTION 26 - PAY WARRANT ERRORS
If an employee receives a pay warrant which has an error in the amount of
compensation to be received and if this error occurred as a result of a mistake by the
Auditor-Controller's Department, it is the policy of the Auditor-Controller's Department
that the error will be corrected and a new warrant issued within forty-eight (48) hours,
exclusive of Saturdays, Sundays and holidays from the time the department is made
aware of and verifies that the pay warrant is in error.
Pay errors discovered by the County in employee pay shall be corrected as soon as
possible as to current pay rate but that no recovery of either overpayments or
underpayments to an employee shall be made retroactively except for the 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.
A repayment schedule will be no longer than three times (3) the length of time the
overpayment occurred.
SECTION 27 - PERSONNEL FILES
An employee shall have the right to inspect and review any official record(s) relating to
his/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/she disagrees.
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SECTION 28 - SERVICE AWARDS
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, reduction within class or demotion of the employee. Copies of
letters of commendation which are to be placed in the employee's personnel file will be
given to the employee. Employees have the right to review their official personnel files
which are maintained in the Human Resources Department or by their department. In a
case involving a grievance or disciplinary action, the employee's designated
representative may also review his/her personnel file with specific written authorization
from the employee.
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.
SECTION 29 - 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/her designee.
b. When the employee is required to stay over to attend consecutive or continuing
afternoon and night sessions of a Board or Commission.
c. When the employee is required to incur expenses as host for official guests of
the County, work as members of examining boards, official visitors, and speakers
or honored guests at banquets or other official functions.
d. When the employee is required to work three (3) or more hours of overtime; in
this case he/she may be reimbursed in accordance with the Administrative
Bulletin on Expense Reimbursement.
DAIA - 57 - 2016-2019 MOU
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.
SECTION 30 - COMPENSATION FOR LOSS OR DAMAGE TO PERSONAL
PROPERTY
The loss or damage to personal property of employees is subject to reimbursement
under the following conditions:
a. The loss or damage must result from an event which is not normally encountered
or anticipated on the job and which is not subject to the control of the employee.
b. Ordinary wear and tear of personal property used on the job is not compensable.
c. Employee tools or equipment provided without the express approval of the
Department Head and automobiles are excluded from reimbursement.
d. The loss or damage must have occurred in the line of duty.
e. The loss or damage was not a result of negligence or lack of proper care by the
employee.
f. The personal property was necessarily worn or carried by the employee in order
to adequately fulfill the duties and requirements of the job.
g. The loss or damage to an employee's dentures or other prosthetic devices did
not occur simultaneously with a job connected injury covered by workers'
compensation.
h. The amount of reimbursement shall be limited to the actual cost to repair
damages. Reimbursement 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.
DAIA - 58 - 2016-2019 MOU
SECTION 31 - UNFAIR LABOR PRACTICE
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, may 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 Human Resources Director shall determine these matters
based on the employee status records in the Human Resources Department.
SECTION 33 - 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 34 - PERMANENT-INTERMITTENT EMPLOYEE BENEFITS
Permanent-intermittent employees are eligible for prorated vacation and sick leave
benefits.
SECTION 35 - PROFESSIONAL REIMBURSEMENT
The County agrees to reimburse employees in the District Attorney Investigators' Unit
for actual cost of membership dues in job-related professional associations, job-related
equipment, professional publications, training and software and hardware from a
standardized County approved list provided each employee in the District Attorney
Investigators' Unit complies with the provisions of the Computer Use and Security Policy
adopted by the Board of Supervisors. Effective January 1, 2007 the maximum amount
will be increased to three-hundred dollars ($300) per calendar year.
Reimbursement in the amount prescribed above will be processed upon presentation of
a verified receipt to the Auditor-Controller's Office showing payment of annual
DAIA - 59 - 2016-2019 MOU
SECTION 36 - SAFETY EQUIPMENT
membership dues in job-related professional associations, or purchase of job-related
equipment, professional publications, training or software and hardware and evidence of
supervisor approval.
SECTION 36 - SAFETY EQUIPMENT
a. The County agrees to continue to provide newly hired Inspectors with all required
safety equipment. Said equipment shall remain the property of the County;
b. Safety equipment owned by the County deemed unserviceable by the District
Attorney or his/her authorized representative shall be turned over to the County
and a replacement shall be furnished by the District Attorney or his/her
authorized representative;
c. The provisions of this replacement program do not apply to safety equipment
damaged or otherwise rendered unserviceable as a result of employee
negligence, subject to the provisions of Section 3802 of the California Labor
Code;
d. The District Attorney or his/her designated representative retains the right to
render final decisions on the serviceability of safety equipment.
e. The District Attorney's Office will provide District Attorney Inspectors and Senior
District Attorney Inspectors an appropriate "turn out" jacket.
SECTION 37 - DEPENDENT CARE
a. Dependent Care Information & Referral Service. The County will administer an
Information & Referral Service through the Contra Costa Child Care Council for
the duration of this MOU.
b. Dependent Care Salary Contribution. Subject to the applicable provisions of the
Internal Revenue Service, employees may contribute up to $5,000 each calendar
year from their salaries for approved dependent care; only eligible employees
may contribute for such expenses; there is no County contribution for dependent
care.
Reimbursements are made on a monthly basis subject to submission of itemized
statements, adequate accumulation of the salary contribution, proof of payment,
and applicable County administrative procedures.
SECTION 38 - BILINGUAL PAY
A salary differential shall be paid incumbents of positions requiring bilingual proficiency
as designated by the appointing authority and Director of Human Resources. The
differential shall be one hundred nine dollars ($109) per month effective the first of the
DAIA - 60 - 2016-2019 MOU
SECTION 39 - ADOPTION
month following the month this Memorandum of Understanding is adopted by the Board
of Supervisors. 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 DAIA bargaining unit
members. The increase will be implemented on prospective basis only and will not be
subject to retroactivity.
SECTION 39 - 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 40 - SCOPE OF AGREEMENT & SEPARABILITY OF PROVISION
40.1 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. Any past side letters or any other agreements that are not
incorporated into or attached to this MOU are deemed expired upon approval of this
MOU by the Board of Supervisors.
The Association understands and agrees that the County is not obligated to meet and
confer regarding wages, hours or conditions of employment during the term of this
extended agreement, except as otherwise required by law.
40.2 Separability of Provisions. Should any section, clause or provision of this
MOU be declared illegal, unlawful or unenforceable, by final judgment of a court of
competent jurisdiction, such invalidation of such section, clause or provision shall not
invalidate the remaining portions hereof, and such remaining portions shall remain in full
force and effect for the duration of this MOU.
40.3 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.
DAIA - 61 - 2016-2019 MOU
SECTION 40 - SCOPE OF AGREEMENT & SEPARABILITY OF
PROVISION
40.4 Duration of Agreement. This Agreement will continue in full force and effect
from July 1, 2016 to and including June 30, 2019. Said Agreement shall automatically
renew from year to year thereafter unless either party gives written notice to the other
prior to sixty (60) days from the aforesaid termination date of its intention to amend,
modify or terminate the Agreement.
DATE: ____________________
Contra Costa County: DAIA:
(Signature / Printed Name) (Signature / Printed Name)
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DAIA - 62 - 2016-2019 MOU
DISTRICT ATTORNEY INVESTIGATORS’ ASSOCIATION
ATTACHMENTS
ATTACHMENT A CLASS & SALARY LISTING
ATTACHMENT B PROJECT POSITIONS
Page 1 of 1
ATTACHMENT A
Job Code Class Title
Flex Staff (F) /
Deep Class (D)From To
6KVA DA SR INSPECTOR $7,233 $10,013
6KVD DA SR INSPECTOR WELFARE FRAUD $7,233 $10,013
6KWF DA INSPECTOR-WELFARE FRAUD $6,278 $8,691
All classes are designated as safety
Salary Range
District Attorney Investigators' Association
CLASS AND SALARY LISTING
Effective 8/1/2016
ATTACHMENT B
DISTRICT ATTORNEY
INVESTIGATORS’ ASSOCIATION
SUBJECT INDEX
Accrual During Leave Without Pay (Sick Leave) ............................................... 31
Accrual During Leave Without Pay (Vacation Leave) ........................................ 24
Accrual on Prorated Basis ................................................................................. 24
Administration of Sick Leave ............................................................................. 27
Adoption ............................................................................................................ 61
Advance Notice ................................................................................................... 6
Anniversary Dates ............................................................................................... 9
Appeal of Denial ................................................................................................ 37
Assignment of Classes to Bargaining Units ......................................................... 6
Association Recognition ...................................................................................... 4
Association Representatives ............................................................................... 8
Association Security ............................................................................................ 4
Attendance at Meetings ....................................................................................... 7
Automated Time Keeping .................................................................................. 23
Bilingual Pay ...................................................................................................... 60
CalPERS Health Plan Monthly Premium Subsidy ............................................. 39
Cause for Action ................................................................................................ 50
Cell Phones ....................................................................................................... 17
Coerced Resignations ....................................................................................... 49
Communicating With Employees ......................................................................... 5
Compensation Complaints ................................................................................ 54
Compensation for Loss or Damage to Personal Property ................................. 58
Compensation for Portion of Month ................................................................... 10
Compensatory Time .......................................................................................... 15
Competitive Exam ............................................................................................. 47
Constructive Resignation ................................................................................... 49
Contra Costa Health Plan (CCHP) .................................................................... 39
County Dental Plan Premium Subsidy On and After January 1, 2016 ............... 40
Court Appearance Overtime .............................................................................. 17
Credits to and Charges Against Sick Leave ...................................................... 25
Days and Hours of Work ................................................................................... 14
Definition (Grievance Procedure) ...................................................................... 52
Definitions ............................................................................................................ 2
Definitions (Days and Hours of Work) ............................................................... 14
Dental Plan ........................................................................................................ 40
Dependent Care ................................................................................................ 60
Dependent Care Assistance Program ............................................................... 44
Disability ............................................................................................................ 28
Page 1 of 5
Dismissal, Suspension, Demotion, Temporary
Reduction In Pay & Reduction Within Class ...................................................... 50
Dual Coverage ................................................................................................... 43
Dues Authorization Form ..................................................................................... 4
Dues Deduction ................................................................................................... 4
Duration (Probationary Period) .......................................................................... 44
Duration of Agreement ...................................................................................... 62
Effective Resignation ......................................................................................... 49
Employee Response ......................................................................................... 51
Entrance Salary ................................................................................................... 9
Extended Coverage ........................................................................................... 42
Family Care or Medical Leave (FMLA) .............................................................. 32
Filing by Association .......................................................................................... 54
Furlough Days Without Pay ............................................................................... 37
General Administration – Leaves of Absence .................................................... 32
General Wages .................................................................................................... 8
Grievance Procedure ......................................................................................... 52
Group Health Plan Coverage............................................................................. 35
Health Benefit Coverage for Employees Not Otherwise Covered ...................... 44
Health Care Spending Account ......................................................................... 43
Health Plan ........................................................................................................ 39
Holiday is WORKED and Holiday Falls on Regularly Scheduled Work Day
(for employees on a Regular Work Schedule, the Holiday always falls on
the employees regularly scheduled Work day) .................................................. 23
Holidays ............................................................................................................. 22
Holidays Observed ............................................................................................ 22
Holidays Observed – Full-Time Employees ....................................................... 22
Holidays Observed – Part-Time Employees ...................................................... 23
Immediate Family (Sick Leave) ......................................................................... 25
Increments Within Range .................................................................................. 10
Integration of SDI ............................................................................................... 31
Jury Duty ........................................................................................................... 37
Jury Duty and Witness Duty .............................................................................. 37
Layoff ................................................................................................................. 17
Layoff During Probation ..................................................................................... 46
Leave of Absence .............................................................................................. 32
Leave Pending Employee Response ................................................................. 51
Leave Without Pay ............................................................................................ 32
Leave Without Pay – Use of Accruals ............................................................... 35
Length of Probationary Period ........................................................................... 44
Page 2 of 5
Length of Service Definition (for service awards and vacation accruals) ........... 59
Life Insurance Benefit Under Health and Dental Plans ...................................... 42
Life Insurance Contributions .............................................................................. 42
Longevity ............................................................................................................. 9
Maintenance of Membership ............................................................................... 5
Meal Expenses .................................................................................................. 58
Medical, Dental, and Life Insurance .................................................................. 39
Medical Leave ................................................................................................... 33
Merit Board ........................................................................................................ 54
Mileage .............................................................................................................. 56
Military Leave .................................................................................................... 36
No Discrimination ................................................................................................ 7
Notice (Grievance Procedure) ........................................................................... 53
Notice (Seniority, Workforce Reduction, Layoff & Reassignment) ..................... 21
Official Representatives ....................................................................................... 7
On-Call/Call Back .............................................................................................. 17
Open Exam........................................................................................................ 47
Orthodontia Coverage ....................................................................................... 41
Overtime ............................................................................................................ 15
Overtime and Compensatory Time .................................................................... 15
Overtime And Straight Time Compensatory Time ............................................. 15
Part-Time Compensation ................................................................................... 10
Payment ............................................................................................................ 14
Payment of Employee Contributions ................................................................. 54
Pay for Work in Higher Classification ................................................................ 13
Pay Warrant Errors ............................................................................................ 56
Permanent Part-Time Employee Benefits ......................................................... 59
Permanent-Intermittent Employee Benefits ....................................................... 59
Personal Property Reimbursement .................................................................... 58
PERS Long Term Care ...................................................................................... 43
Personnel Files .................................................................................................. 56
Personnel Management Regulations ................................................................. 61
Physical Examination ........................................................................................ 48
Policies Governing the Use of Paid Sick Leave ................................................. 25
Position Reclassification .................................................................................... 11
Pregnancy Disability Leave ............................................................................... 35
Premium Conversion Plan ................................................................................. 44
Premium Payments ........................................................................................... 42
Prevailing Section .............................................................................................. 44
Probation Periods Over Six Months ................................................................... 44
Probationary Period ........................................................................................... 44
Procedure .......................................................................................................... 49
Procedure on Dismissal, Suspension, Reduction Within Class,
Temporary Reduction in Pay, or Disciplinary Demotion .................................... 52
Professional Reimbursement............................................................................. 59
Page 3 of 5
Promotion .......................................................................................................... 47
Promotion Policy ................................................................................................ 47
Promotion Via Reclassification Without Examination ........................................ 47
Purpose of Sick Leave ....................................................................................... 25
Rate Information ................................................................................................ 41
Reassignment of Laid Off Employees ............................................................... 22
Regular Appointment ......................................................................................... 45
Reimbursement for Meal Expenses ................................................................... 57
Rejection During Probation ................................................................................ 45
Rejection During Probation of Laid Off Employee ............................................. 46
Release Time ...................................................................................................... 8
Release Time for Training ................................................................................... 8
Re-opener – Election of Safety PEPRA Tier By Employee’s
Hired on or Before December 31, 2012 ............................................................. 55
Requirements for Promotional Standing ............................................................ 48
Resignation in Good Standing ........................................................................... 49
Resignations ...................................................................................................... 49
Retirement ......................................................................................................... 55
Retirement Coverage ........................................................................................ 43
Return From Leave of Absence ......................................................................... 36
Revised Probationary Period ............................................................................. 45
Revocation......................................................................................................... 50
Safety ................................................................................................................ 56
Safety Employees Retirement – Tier A – Employee’s
Hired Or Re-Hired Before January 1, 2013 ....................................................... 54
Safety Equipment .............................................................................................. 60
Safety Retirement Benefit-Sworn Employees who become
New Members of CCCERA on or after January 1, 2013 ................................... 55
Salaries ............................................................................................................... 8
Salary on Involuntary Demotion ......................................................................... 12
Salary on Promotion .......................................................................................... 12
Salary on Voluntary Demotion ........................................................................... 12
Salary Reallocation & Salary on Reallocation ................................................... 11
Salary Review While on Leave of Absence ....................................................... 37
Scope of Agreement .......................................................................................... 61
Scope of Agreement & Separability of Provision ............................................... 61
Seniority Credits ................................................................................................ 48
Seniority, Workforce Reduction, Layoff & Reassignment .................................. 17
Separability of Provisions .................................................................................. 61
Separation Through Layoff ................................................................................ 18
Service Awards .................................................................................................. 57
Sick Leave ......................................................................................................... 25
Skelly Requirements – Notice of Proposed Action (Skelly Notice) .................... 51
Special Employment Lists ................................................................................. 21
State Disability Insurance (SDI) ......................................................................... 32
Straight Time Pay .............................................................................................. 15
Strike/Work Stoppage ........................................................................................ 54
Suspensions Without Pay .................................................................................. 51
Page 4 of 5
Thirty (30) Year Employees (Retirement) .......................................................... 55
Time Limits (Grievance Procedure) ................................................................... 53
Time Reporting and Pay Practices Waiver ........................................................ 14
Time Reporting/Time Stamping ......................................................................... 14
Transfer ............................................................................................................. 48
Transfer (Salaries) ............................................................................................. 12
Unauthorized Absence ...................................................................................... 37
Unfair Labor Practice ......................................................................................... 59
Use of County Buildings ...................................................................................... 6
Vacation ............................................................................................................ 23
Vacation Accrual Rates ..................................................................................... 23
Vacation Allowance ........................................................................................... 23
Vacation Allowance for Separated Employees .................................................. 24
Vacation Leave .................................................................................................. 23
Vacation Leave on Reemployment from a Layoff List ....................................... 24
Wages ................................................................................................................. 8
Withdrawal of Membership .................................................................................. 5
Witness Duty ..................................................................................................... 38
Workers’ Compensation .................................................................................... 30
Workforce Reduction ......................................................................................... 17
Page 5 of 5