HomeMy WebLinkAboutRESOLUTIONS - 07292014 - 2014/256AFSCME Local 512 1 of 98 2013–2016 MOU
MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND
PROFESSIONAL AND TECHNICAL EMPLOYEES
AFSCME, LOCAL 512
This Memorandum of Understanding (MOU) is entered into pursuant to the authority contained in
Division 34 of the Contra Costa County 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.
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 Union 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.
AFSCME Local 512 2 of 98 2013-2016 MOU
This MOU shall be presented to the Contra Costa County Board of Supervisors, as the governing
board of Contra Costa County and appropriate fire districts, as the joint recommendations of the
undersigned for salary and employee benefit adjustments for the term set forth herein.
Special provisions and restrictions pertaining to Project employees covered by this MOU are
contained in Attachment C, which is attached hereto and made a part hereof.
DEFINITIONS
Appointing Authority: Department Head unless otherwise provided by statute or ordinance.
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 classes.
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
class.
Employee: A person who is an incumbent of a position or who is on leave of absence in accordance
with provisions of this MOU and whose position is held pending his/her return.
Employment List: A list of persons who have been found qualified for employment in a specific
class.
Layoff List: A list of persons who have occupied positions allocated to a class in the Merit System
and who have been involuntarily separated by layoff or displacement, or 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.
SECTION 1 - UNION RECOGNITION
AFSCME Local 512 3 of 98 2013-2016 MOU
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
percent (5%) 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 employment with the County.
Temporary Employment: Any employment which will require the services of an incumbent for a
limited period of time, paid on an hourly basis, not in an allocated position or in permanent status.
Transfer: The change of an employee who has permanent status in a position to another position in
the same class in a different department, or to another position in a class which is allocated to a
range on the salary plan that is within five percent (5%) at top step as the class previously occupied
by the employee.
Union: AFSCME Local 512
SECTION 1 - UNION RECOGNITION
The Union is the formally recognized employee organization for the representation units listed below,
and such organization has been certified as such pursuant to Board of Supervisors’ Resolution
81/1165.
Engineering Technician Unit
Income Maintenance Program Unit
Clerical Supervisory Unit
SECTION 2 - UNION SECURITY
AFSCME Local 512 4 of 98 2013-2016 MOU
Social Service Staff Specialist Unit
Probation Supervisor Unit
Property Appraiser Unit
SECTION 2 - UNION SECURITY
2.1 Dues Deduction. Pursuant to Chapter 34-26 of Board Resolution 81/1165, only a majority
representative may have dues deduction and as such the Union has the exclusive privilege of dues
deduction for all employees in its units.
2.2 Agency Shop.
A. The Union agrees that it has a duty to provide fair and non-discriminatory representation to all
employees in all classes in the units for which this section is applicable regardless of whether
they are members of the Union. The provisions of Section 2.2 shall apply to all Supervisory
Units represented by Local 512.
B. All employees employed in a representation unit on or after the effective date of this MOU and
continuing until the termination of the MOU, shall as a condition of employment either:
1. Become and remain a member of the Union or;
2. pay to the Union, an agency shop fee in an amount which does not exceed an amount
which may be lawfully collected under applicable constitutional, statutory, and case law,
which under no circumstances shall exceed the monthly dues, initiation fees and
general assessments made during the duration of this MOU. It shall be the sole
responsibility of the Union to determine an agency shop fee which meets the above
criteria; or
3. do both of the following:
a. execute a written declaration that the employee is a member of a bona fide
religion, body or sect which has historically held a conscientious objection to
joining or financially supporting any public employee organization as a condition
of employment; and
b pay a sum equal to the agency shop fee described in Section 2.2.B.2 to a non-
religious, non-labor, charitable fund chosen by the employee from the following
charities: Family and Children's Trust Fund, Child Abuse Prevention Council and
Battered Women's Alternative.
C. The Union shall provide the County with a copy of the Union's Hudson Procedure for the
determination and protest of its agency shop fees. The County shall provide a copy of the
Union's Hudson Procedure to every employee hired into a class represented by the Union after
the effective date of this MOU. The Union shall provide a copy of said Hudson Procedure to
every fee payer covered by this MOU within one (1) month from the date it is approved and
annually thereafter, and as a condition to any change in the agency shop fee. Failure by an
employee to invoke the Union's Hudson Procedure within one (1) month after actual notice of
SECTION 2 - UNION SECURITY
AFSCME Local 512 5 of 98 2013-2016 MOU
the Hudson Procedure shall be a waiver by the employee of their right to contest the amount of
the agency shop fee.
D. The provisions of Section 2.2.B.2 shall not apply during periods that an employee is separated
from the representation unit but shall be reinstated upon the return of the employee to the
representation unit. The term separation includes transfer out of the unit, layoff and leave of
absence with a duration of more than thirty (30) days.
E. The Union shall provide the Director of Human Resources with copies of a financial report
patterned after Form LM-2 pursuant to the Labor Management Disclosure Act of 1959. Such
report shall be available to employees in the unit. Failure to file such a report not later than
June 1 of each calendar year shall result in the termination of all agency fee deductions
without jeopardy to any employee, until said report is filed.
F. Compliance.
1. An employee employed in or hired into a job class represented by the Union shall
be provided with an "Employee Authorization for Payroll Deduction" form by the
Human Resources Department.
2. If the form authorizing payroll deduction is not returned within thirty (30) calendar
days after notice of this agency shop fee provision and the Union's Hudson
Procedure and the Union dues, agency shop fee, initiation fee or charitable
contribution required under Section 2.2.B.3 are not received, and the employee
has not timely invoked the Union's Hudson Procedure, or if invoked, the
employee's Hudson Procedure rights have been exhausted, the Union may, in
writing, direct that the County withhold the agency shop fee and the initiation fee
from the employee's salary, in which case the employee's monthly salary shall be
reduced by an amount equal to the agency shop fee and the County shall pay an
equal amount to the Union.
G. The Union shall indemnify, defend, and save the County harmless against any and all claims,
demands, suits, orders, judgments, or other forms of liability that arise out of or by reason of
this Union security section or action taken or not taken by the County under this Section. This
includes, but is not limited to, the County's Attorneys' fees and costs. The provisions of this
subsection shall not be subject to the grievance procedure.
H. The County Human Resources Department shall monthly furnish a list of all new hires to the
Union.
I. In the event that employees in a bargaining unit represented by the Union vote to rescind
Agency Shop, the provisions of Sections 2.3 and 2.4 shall apply to dues-paying members of
the Union.
2.3 Maintenance of Membership. All employees in the Income Maintenance Program Unit,
Clerical Supervisory Unit, Social Service Staff Specialist Unit, Probation Supervisor Unit, Engineering
Technician Unit, and Property Appraiser Unit who are currently paying dues to the Union and all
employees in that unit who hereafter become members of the Union shall as a condition of continued
employment pay dues to the Union for the duration of this MOU and each year thereafter so long as
SECTION 2 - UNION SECURITY
AFSCME Local 512 6 of 98 2013-2016 MOU
the Union continues to represent the class to which the employee is assigned, unless the employee
has exercised the option to cease paying dues in accordance with Section 2.5.
2.4 Union Dues Form. Employees hired into classifications assigned in bargaining units cited in
Section 2.3 above shall, as a condition of employment at the time of employment, complete a Union
dues authorization form provided by the Union and shall have deducted from their paychecks the
membership dues of the Union. Said employee shall have thirty (30) days from the date of hire to
decide if he/she does not want to become a member of the Union. Such decision not to become a
member of the Union must be made in writing to the Auditor-Controller with a copy to the Labor
Relations Division within said thirty (30) day period. If the employee decides not to become a member
of the Union, any Union 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
Union. 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 Union.
Each such dues authorization form referenced above shall include a statement that the Union and the
County have entered into a MOU, that the employee is required to authorize payroll deductions of
Union dues as a condition of employment, and that such authorization may be revoked within the first
thirty (30) days of employment upon proper written notice by the employee within said thirty (30) day
period as set forth above. Each such employee shall, upon completion of the authorization form,
receive a copy of said authorization form which shall be deemed proper notice of his or her right to
revoke said authorization.
2.5 Withdrawal of Membership. By notifying the Auditor-Controller's Office in writing, between
August 1 and August 31, any employee assigned to a classification in the Income Maintenance
Program Unit, Clerical Supervisory Unit, Social Service Staff Specialist Unit, Probation Supervisor
Unit, Engineering Technician Unit, and Property Appraiser Unit may withdraw from Union
membership and discontinue paying dues as of the payroll period commencing September 1st;
discontinuance of dues payments to then be reflected in the October 10th paycheck. Immediately
upon the close of the above mentioned thirty (30) day period the Auditor-Controller shall submit to the
Union a list of the employees who have rescinded their authorization for dues deduction.
2.6 Communicating With Employees. The Union 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 Union, provided the communications displayed have
to do with matters within the scope of representation and further provided that the employee
organization appropriately posts and removes the information. The Department Head reserves the
right to remove objectionable materials after consultation with the Union.
Representatives of the Union, not on County time, shall be permitted to place a supply of employee
literature at specific locations in County buildings if arranged through the Department Head or
designated representative; 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 Union shall be allowed access to work locations in which it represents employees for the
following purposes:
SECTION 2 - UNION SECURITY
AFSCME Local 512 7 of 98 2013-2016 MOU
a. to post literature on bulletin boards;
b. to arrange for use of a meeting room;
c. to leave and/or distribute a supply of literature as indicated above;
d. to represent an employee on a grievance and/or to contact a Union officer on a matter within
the scope of representation.
In the application of this provision, it is agreed and understood that in each such instance advance
arrangements, including disclosure of which of the above purposes is the reason for the visit, will be
made with the departmental representative in charge of the work area and the visit will not interfere
with County services.
2.7 Use of County Buildings. The Union 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 Union 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 Union shall maintain proper order at the meeting and see that the space is left in a clean
and orderly condition.
The use of County equipment (other than items normally used in the conduct of business meetings
such as desks, chairs, ashtrays and blackboards) is strictly prohibited, even though it may be present
in the meeting area.
2.8 Advance Notice. The Union 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.
SECTION 3 - NO DISCRIMINATION
AFSCME Local 512 8 of 98 2013-2016 MOU
2.9 Written Statement for New Employees. The County will provide a written statement to each
new employee hired into a classification in any of the bargaining units represented by the Union, that
the employee's classification is represented by the Union and the name of a representative of the
Union. The County will provide the employee with a packet of information which has been supplied by
the Union and approved by the County. The County shall provide an opportunity for the Union to
make a fifteen (15) minute presentation at the end of the Human Resources Department’s new
employee orientation meetings.
2.10 Section 18 of 1977/79 MOU. Section 18 of the 1977-1979 MOU between the County and
Associated County Employees/AFSCME shall continue for the duration of this MOU.
2.11 P.E.O.P.L.E. Employees in classifications represented by Professional & Technical
Employees, Local 512, AFSCME, may make voluntary, monetary monthly contributions to
P.E.O.P.L.E., said contributions to be deducted from employees' pay by the County and remitted to
AFSCME, P.E.O.P.L.E. (Public Employees Organized to Promote Legislative Equality).
2.12 Assignment of Classes to Bargaining Units. The County shall assign new classes in
accordance with the following procedure:
A. Initial Determination. When a new class title is established, the Labor Relations Manager shall
review the composition of existing representation units to determine the appropriateness of
including some or all of the employees in the new Class in one or more existing representation
units, and within a reasonable period of time, shall notify all recognized employee
organizations of his/her determination.
B. Final Determination. His/her determination is final unless, within ten (10) days after
notification, a recognized employee organization requests in writing to meet and confer
thereon.
C. Meet and Confer and Other Steps. He/she shall meet and confer with such requesting
organizations (and with other recognized employee organizations where appropriate) to seek
agreement on this matter within sixty (60) days after the ten-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 Resolution 81/1165.
SECTION 3 - NO DISCRIMINATION
There shall be no discrimination because of race, creed, color, national origin, sex, sexual orientation
or Union activities against any employee or applicant for employment by the 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 the position, or from carrying out the duties of the position safely. There
shall be no discrimination because of Union membership or legitimate Union activity against any
employee or applicant for employment by the County or anyone employed by the County.
SECTION 4 - SHOP STEWARDS AND OFFICIAL REPRESENTATIVES
AFSCME Local 512 9 of 98 2013-2016 MOU
Americans With Disabilities Act (ADA). The County and the Union recognize that the County has
an obligation to reasonably accommodate disabled employees. If by reason of the aforesaid
requirement, the County contemplates actions to provide reasonable accommodation to an individual
employee in compliance with the ADA which are in conflict with any provision of this MOU, the Union
will be advised of any such proposed accommodation. Upon request, the County will meet and confer
with the Union on the impact of such accommodation. If the County and the Union do not reach
agreement, the County may implement the accommodation if required by law without further
negotiations. Nothing in this MOU shall preclude the County from taking actions necessary to comply
with the requirements of the Americans With Disabilities Act.
SECTION 4 - SHOP STEWARDS AND OFFICIAL REPRESENTATIVES
4.1 Attendance at Meetings. Employees designated as shop stewards or official representatives
of the Union 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 required for settlement of grievances filed pursuant
to Section 26 - Grievance Procedure of this Memorandum;
d. if they are designated as a shop steward, in which case they may utilize a reasonable time at
each level of the proceedings to assist an employee to present a grievance, provided the
meetings are scheduled at reasonable times agreeable to all parties;
e. if they are designated as spokesperson or representative of the Union and as such make
representations or presentations at meetings or hearings on wages, salaries and working
conditions provided in each case advance arrangements for time away from the employee's
work station or assignment are made with the appropriate department head, and the County
agency calling the meeting is responsible for determining that the attendance of the particular
employee(s) is required;
f. to attend examination appeal board hearings to assist an employee in making a presentation.
4.2 Union Representative. Official representatives of the Union shall be allowed time off on
County time for meetings during regular working hours when formally meeting and conferring in good
faith or consulting with the Labor Relations Officer or other management representatives on matters
within the scope of representation, provided that the number of such representatives shall not exceed
two (2) without prior approval of the Labor Relations Officer, and that advance arrangements for the
time away from the work station or assignment are made with the appropriate Department Head.
Engineering Technician Unit 2
Income Maintenance Program Unit 2
Clerical Supervisory Unit 2
Social Service Staff Specialist Unit 2
Probation Supervisor Unit 2
Property Appraiser Unit 2
AFSCME Local 512 10 of 98 2013-2016 MOU
4.3 Release Time for Training. Upon adoption of this memorandum of understanding by the
Board of Supervisors, the County shall provide the Union a maximum of one hundred (100) total
hours per year of release time for Union designated stewards or officers to attend Union-sponsored
training programs.
Requests for release time shall be provided in writing to the Department and County Human
Resources at least fifteen (15) days in advance of the time requested. Department Heads will
reasonably consider each request and notify the affected employee whether such request is
approved, within one (1) week of receipt.
SECTION 5 – SALARIES
5.1 General Wages.
A. 1. Effective July 1, 2012, the base rate of pay for all classifications represented by the Union
in the Probation Supervisors Unit will be reduced by three and sixty-six hundredths percent (3.66%).
2. Effective July 1, 2014, the base rate of pay for all non-safety classifications represented by
the Union will be increased by four percent (4%). Employees in safety classifications represented by
the Union are not eligible for the four percent (4%) wage increase.
3. Effective August 1, 2014, the base rate of pay for the Social Services Fraud Prevention
Supvr (XAHA) will be reduced by ninety-one hundredths percent (0.91%).
4. Effective July 1, 2015, the base rate of pay for all classifications represented by the Union
will be increased by three percent (3%).
B. Longevity Pay.
1. Effective July 1, 2008, employees at ten (10) years of County service shall receive a two
and one-half percent (2.5%) longevity pay differential.
2. Effective July 1, 2012, permanent, full-time and part-time employees in the Probation
Supervisor Unit who have completed fifteen (15) years of County service will receive a two percent
(2%) longevity differential effective on the first of the month following the month in which the
employee qualifies for the fifteen (15) year service award. For those employees who completed
fifteen (15) years of service on or before July 1, 2012, this longevity differential will be paid
prospectively only from July 1, 2012.
3. Effective July 1, 2012, permanent, full-time and part-time employees in the Probation
Supervisor Unit who have completed twenty (20) years of County service will receive a two percent
(2%) longevity differential effective on the first 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 July 1, 2012, this longevity differential will be paid
prospectively only from July 1, 2012.
4. Effective August 1, 2014, permanent, full-time and part-time employees in the
classification of Social Services Fraud Prevention Supvr (XAHA) who have completed fifteen (15)
SECTION 5 – SALARIES
AFSCME Local 512 11 of 98 2013-2016 MOU
years of County service will receive a two percent (2%) longevity differential effective on the first of
the month following the month in which the employee qualifies for the fifteen (15) year service award.
For those employees who completed fifteen (15) years of service on or before August 1, 2014, this
longevity differential will be paid prospectively only from August 1, 2014.
5. Effective August 1, 2014, permanent, full-time and part-time employees in the
classification of Social Services Fraud Prevention Supvr (XAHA) who have completed twenty (20)
years of County service will receive a two percent (2%) longevity differential effective on the first 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 August 1, 2014, this
longevity differential will be paid prospectively only from August 1, 2014.
C. Lump Sum Ratification Payment.
1. Permanent Employees. Permanent full-time employees, including project employees,
who meet all of the following criteria will be paid lump sum ratification payments of seven
hundred and thirty dollars ($730) each on August 10, 2014 and on May 10, 2015. Permanent
part-time employees, including project employees, who meet all of the following criteria will be
paid a prorated lump sum ratification payment. The prorated lump sum payment for permanent
part-time employees will be calculated by multiplying seven hundred and thirty dollars ($730)
by the employee’s approved position hours (for example: $730 x (20/40)= $365).
Criteria:
a. For the August 10, 2014 payment: The employee must be employed by the County in a
classification represented by the Union on April 1, 2014.
b. For the May 10, 2015 payment: The employee must be employed by the County in a
classification represented by the Union on April 1, 2015.
c. Employees in safety classifications represented by the Union are not eligible for the
lump sum ratification payments.
d. Temporary and per diem employees are not eligible for the ratification payments.
2. Permanent-Intermittent Employees. Permanent-intermittent employees who meet all of
the following criteria will be paid lump sum ratification payments of two hundred dollars ($200)
each August 10, 2014 and on May 10, 2015.
Criteria:
a. For the August 10, 2014 payment: The permanent-intermittent employee must be
employed by the County in a classification represented by the Union and worked in
such classification during the month of March 2014.
b. For the May 10, 2015 payment: The permanent-intermittent employee must be
employed by the County in a classification represented by the Union and worked in
such classification during the month of March 2015.
3. The employee’s lump sum ratification payment will be subject to the employee’s required
deductions, such as taxes, wage garnishments, and retirement.
4. Employees in the Probation Supervisors Unit did not receive the “One time Lump Sum
SECTION 5 – SALARIES
AFSCME Local 512 12 of 98 2013-2016 MOU
Payment 2013” set forth in Section 5.1 General Wages of the July 1, 2011 – June 30, 2013
MOU.
5.2 Detention Differential. Permanent full time, part time, and permanent intermittent employees
in the Clerical Supervisors Unit assigned to work in the Martinez Detention Facility(2578), West
County Detention Facility (2580), and Marsh Creek Detention Facility (2585) will receive a differential
of five percent (5%) of the employee’s base rate of pay.
5.3 Entrance Salary. New employees shall generally be appointed at the minimum step of the
salary range established for the particular class of the 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.
5.4 Certification Rule.
A. Open Employment List. On each request for personnel from an open employment list, ten (10)
names shall be certified. If more than one (1) position is to be filled in any class in a
department at the same time from the same request for personnel, the number of names to be
certified from an open employment list shall be equal to the number of positions to be filled
plus nine (9).
B. Promotional Employment List. On each request for personnel from a promotional employment
list, five (5) names shall be certified. If more than one (1) position is to be filled in any class in a
department at the same time from the same request for personnel, the number of names to be
certified from a promotional employment list shall be equal to the number of positions to be
filled plus four (4).
5.5 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 5.5.A above.
C. Demotions. The anniversary of a demoted employee is the first day of the calendar month
after the calendar month when the demotion was effective.
D. Transfer, Reallocation and Reclassification. The anniversary date of an employee who is
transferred to another position or one whose position has been reallocated or reclassified to a
class allocated to the same salary range or to a salary range which is within five percent (5%)
of the top step of the previous classification, remains unchanged.
E. 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
SECTION 5 – SALARIES
AFSCME Local 512 13 of 98 2013-2016 MOU
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. Outside Appointment. Notwithstanding other provisions of this Section 5, the anniversary of an
employee who is appointed to a classified position from outside the County's merit system at a
rate above the minimum salary for the employee's new class, or who is transferred from
another governmental entity to this County's merit system, is
one (1) year from the first day of the calendar month after the calendar month when the
employee was appointed or transferred; provided, however, when the appointment or transfer
is effective on the employee's first regularly scheduled work day of that month, his/her
anniversary is one (1) year after the first calendar day of that month.
5.6 Increments Within Range. The performance of each employee, except employees already at
the maximum salary step of the appropriate salary range, shall be reviewed on the anniversary date
as set forth in Section 5.5 to determine whether the salary of the employee shall be advanced to the
next higher step in the salary range. Advancement shall be granted on the affirmative
recommendation of the appointing authority, based on satisfactory performance by the employee.
The appointing authority may recommend denial of the increment or denial subject to one additional
review at some specified date before the next anniversary, such date to be set at the time the original
report is returned. This decision may be appealed through the grievance procedure.
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 an operating department verifies in writing that an
administrative or clerical error was made in failing to submit the documents needed to advance an
employee to the next salary step on the first of the month when eligible, said advancement shall be
made retroactive to the first of the month when eligible.
5.7 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.
5.8 Compensation for Portion of Month and Permanent-Intermittent Compensation. 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, which is calculated on the number of hours in the month
worked plus five percent (5%) above the salary step earned.
5.9 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
SECTION 5 – SALARIES
AFSCME Local 512 14 of 98 2013-2016 MOU
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 5.11 - Salary on
Promotion.
5.10 Salary Reallocation & Salary on Reallocation.
A. In a general salary increase or decrease, an employee in a class which is reallocated to a
salary range above or below that to which it was previously allocated, when the number of
steps remain the same, shall be compensated at the same step in the new salary range the
employee was receiving in the range to which the class was previously allocated. If the
reallocation is from one salary range with more steps to a range with fewer steps or vice versa,
the employee shall be compensated at the step on the new range which is in the same
percentage ratio to the top step of the new range as was the salary received before
reallocation to the top step of the old range, but in no case shall any employee be
compensated at less than the first step of the range to which the class is allocated.
B. 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 5.10.A above, each incumbent of a position in the reallocated class
shall be placed upon the step of the new range which equals the rate of pay received before
the reallocation. In the event that the steps in the new range do not contain the same rates as
the old range, each incumbent shall be placed at the step of the new range which is next
above the salary rate received in the old range, or if the new range does not contain a higher
step, at the step which is next lower than the salary received in the old range.
C. In the event an employee is in a position which is reallocated to a different class which is
allocated to a salary range the same as, above, or below the salary range of the employee's
previous class, the incumbent shall be placed at the step in the new class which equals the
rate of pay received before reallocation. In the event that the steps in the range for the new
class do not contain the same rates as the range for the old class, the incumbent shall be
placed at the step of the new range which is next above the salary rate received in the old
range; or if the new range does not contain a higher step, the incumbent shall be placed at the
step which is next lower than the salary received in the old range.
D. In the event of reallocation to a deep class, the provisions of the deep class resolution and
incumbent salary allocations, if any, shall supersede Section 5.11.
5.11 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 5.13, 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
SECTION 5 – SALARIES
AFSCME Local 512 15 of 98 2013-2016 MOU
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 appointed into a class allocated
to a higher salary range than the class from which the employee was laid off, the salary will be
calculated from the highest step the employee achieved prior to layoff, or from the employee’s current
step, whichever is higher.
5.12 Salary on Involuntary Demotion. Any employee who is demoted, except as provided under
Section 5.14, shall have his/her salary reduced to the monthly salary step in the range for the class of
position to which he/she has been demoted next lower than the salary received before demotion. 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.
5.13 Salary on Voluntary Demotion. Whenever any employee voluntarily demotes to a position in
a class having a salary schedule lower than that of the class from which he or she demotes, his or her
salary shall remain the same if the steps in his or her new (demoted) salary range permit, and if not,
new salary shall be set at the step next below former salary.
5.14 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.
Whenever a permanent employee transfers to or from a deep class, as provided in the appropriate
deep class resolutions, the salary of the employee shall be set as provided in the deep class
resolutions at a step not to exceed a five percent (5%) increase in the employee's base salary.
However, if the deep class transfer occurs to or from a deep class with specified levels identified for
certain positions and their incumbents, the employee's salary in the new class shall be set in
accordance with the section on "Salary on Promotion" if the employee is transferring to another class
or to a level in a deep class for which the salary is at least five percent (5%) above the top base step
of the deep class level or class in which they have status currently.
5.15 Pay for Work in Higher Classification. When an employee in a permanent position in the
merit system is required to work in a classification for which the compensation is greater than that to
which the employee is regularly assigned, the employee shall receive compensation for such work at
the rate of pay established for the higher classification pursuant to Subsection 5.11 Salary on
Promotion of this Memorandum, at the start of the second full day in the assignment, under the
SECTION 5 – SALARIES
AFSCME Local 512 16 of 98 2013-2016 MOU
following conditions. Payment shall be made retroactive after completing the first forty (40)
consecutive hours worked in the higher classification.
a. The employee is assigned to a program service, or activity established by the Board of
Supervisors which is reflected in an authorized position which has been classified and
assigned to the Salary Schedule.
b. The nature of the departmental assignment is such that the employee in the lower
classification performs a majority of the duties and responsibilities of the position of the higher
classification.
c. Employee selected for the assignment will normally be expected to meet the minimum
qualifications for the higher classification.
d. The County shall make reasonable efforts to offer out of class assignments to all interested
employees on a voluntary basis. Pay for work in a higher classification shall not be utilized as
a substitute for regular promotional procedures provided in this Memorandum.
e. Higher pay assignments shall not exceed six (6) months except through reauthorization.
f. If approval is granted for pay for work in a higher classification and the assignment is
terminated and later reapproved for the same employee within one hundred eighty (180) days
no additional waiting period will be required.
g. Any incentives (e.g., the education incentive) and special differentials (e.g., bilingual differential
and hazardous duty differential) accruing to the employee in his/her permanent position shall
continue.
h. During the period of work for higher pay in a higher classification, an employee will retain
his/her permanent classification, and anniversary and salary review dates will be determined
by time in that classification; except that if the period of work for higher pay in a higher
classification exceeds one (1) year continuous employment, the employee, upon satisfactory
performance in the higher classification, shall be eligible for a salary review in that class on
his/her next anniversary date. Notwithstanding any other salary regulations, the salary step
placement of employees appointed to the higher class immediately following termination of the
assignment, shall remain unchanged.
i. Allowable overtime pay, shift differential and/or work location differentials will be paid on the
basis of the rate of pay for the higher class.
5.16 Building Supervisor/Management Differentials.
A. Building Supervisor Differential: Institutional Supervisor I's in Juvenile Hall will receive a nine
percent (9%) differential premium pay when assigned as Building Supervisor, commencing
with the first hour worked while substituting for the Institutional Supervisor II.
Institutional Supervisor I’s at the Orin Allen Youth Rehabilitation Facility will receive a nine
percent (9%) differential premium pay when assigned facility responsibility commencing with
the first hour worked while substituting for the facility manager and facility superintendent.
SECTION 5 – SALARIES
AFSCME Local 512 17 of 98 2013-2016 MOU
B. Building Management Differential: Clerical Supervisors (JWHF) in the Employment and
Human Services Department (EHSD) will receive a salary differential of ten percent (10%) of
base pay if they are assigned significant building management responsibilities as follows:
a. responsible for one or more buildings housing at least 130 employees; or
b. responsible for and work in a designated building undergoing significant structural
difficulties and/or construction activities; and
c. A significant amount of a Clerical Supervisor’s time must be assigned to day to day
building management functions, of the buildings described in a. or b. above, such as:
i. assisting with space utilization, office/layout/reconfiguration and implementation;
ii. initiating work orders and acting as liaison person with EHSD’s Facilities
Manager and the Public Works Department regarding building and grounds
maintenance issues;
iii. significant ongoing contact with Operating Engineers, other trade persons and
their supervisors
iv. providing functional direction to custodians regarding work priorities or non-
routine requests;
v. writing under own signature or signature of the Building Manager memorandums
to staff on unique building policies and procedures.
EHSD has the sole discretion to designate and remove employees who are assigned building
management responsibilities that qualify for this Building Management Differential. Overall
coordination of facilities management for EHSD is not the responsibility of the Clerical
Supervisor class.
5.17 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 employee's option, of the
employee's basic salary of the previous month except that it shall not exceed the amount of the
previous month's basic salary less all requested or required deductions.
The election to receive an advance shall be made on or before April 30 or October 31 of each year or
during the first month of employment by filing on forms prepared by the Auditor-Controller a notice of
election to receive salary advance.
Each election shall become effective on the first day of the month following the deadline for filing the
notice and shall remain effective until revoked.
SECTION 6 - DAYS AND HOURS OF WORK
AFSCME Local 512 18 of 98 2013-2016 MOU
In the case of an election made pursuant to this Section, all required or requested deductions from
salary shall be taken from the second installment, which is payable on the tenth (10th) day of the
following month.
5.18 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 in employee pay shall be corrected as soon as possible as to current pay rate but that no
recovery of either overpayments or underpayments to an employee shall be made retroactively
except for the six (6) month period immediately preceding discovery of the pay error. This provision
shall apply regardless of whether the error was made by the employee, the appointing authority or
designee, the Director of Human Resources or designee, or the Auditor-Controller or designee.
Recovery of fraudulently accrued over or underpayments are excluded from this section for both
parties.
When the County notifies an employee of an overpayment and proposed repayment schedule, the
employee may accept the proposed repayment schedule or may request a meeting through the
County Human Resources Department. If requested, a meeting shall be held to determine a
repayment schedule which shall be no longer than three times (3) the length of time the overpayment
occurred. If requested by the employee, a Union representative may be present at a meeting with
management to discuss a repayment schedule in the case of overpayments to the employee.
SECTION 6 - DAYS AND HOURS OF WORK
6.1 Definitions
A. Regular Work Schedule: A regular work schedule is eight (8) hours per day, Monday through
Friday, inclusive, for a total of forty (40) hours per week.
B. Alternate Work Schedule: An alternate work schedule is any work schedule where an
employee is regularly scheduled to work five (5) days per week, but the employee’s regularly
scheduled two (2) days off are NOT Saturday and Sunday.
C. Flexible Work Schedule: A flexible work schedule is any schedule that is not a regular,
alternate, 9/80, or 4/10 work schedule and where the employee is not scheduled to work more
than 40 hours in the "workweek" as defined in Subsections F. and H., below.
D. 4/10 Work Schedule: A 4/10 work schedule is four (4) ten hour days in a seven (7) day
period, for a total of forty (40) hours per week.
E. 9/80 Work Schedule: A 9/80 work schedule is where an employee works a recurring
schedule of thirty-six (36) hours in one calendar week and forty-four (44) hours in the next
calendar week, but only forty (40) hours in the designated workweek. In the thirty-six (36) hour
calendar week, the employee works four (4) nine (9) hour days and has the same day of the
SECTION 7 - OVERTIME AND COMPENSATORY TIME
AFSCME Local 512 19 of 98 2013-2016 MOU
week off that is worked for eight (8) hours in the forty-four (44) hour calendar week. In the
forty-four (44) hour calendar week, the employee works four (4) nine (9) hour days and one (1)
eight (8) hour day.
F. Workweek for Employees on Regular, Flexible, Alternate, and 4/10 Work Schedules: For
employees on regular, alternate, and 4/10 work schedules, the workweek begins at 12:01 a.m.
on Monday and ends at 12 midnight on Sunday.
G. Workweek for Employees on a 9/80 Work Schedule: The 9/80 workweek begins on the
same day of the week as the employee’s eight (8) hour work day and regularly scheduled 9/80
day off. The start time of the workweek is four (4) hours and one (1) minute after the start time
of the eight (8) hour workday. The end time of the workweek is four (4) hours after the eight
(8) hour workday start time. The result is a workweek that is a fixed and regularly recurring
period of seven (7) consecutive twenty-four (24) hour periods (168 hours).
H. Workweek for Twenty-Four Hour (24) Facility Employees: For employees who work in a
twenty-four (24) hour facility in the Health Services Department, and who are not on a 9/80
work schedule, the workweek begins at 12:01 a.m. Sunday and ends at 12:00 midnight on
Saturday.
6.2 Probation Department – 9/80 Work Schedule.
The Probation Department agrees to continue a 9/80 work schedule program for those Institutional
Supervisor I employees who work the graveyard shift at Juvenile Hall with the following conditions:
a. The 9/80 program does not negatively impact the operations of the Juvenile Hall graveyard
shift;
b. The 9/80 program will not result in additional staff costs;
c. The 9/80 work schedule will be optional to the assigned Institutional Supervisor I employee.
6.3 Time Reporting/Time Stamping. Temporary and Permanent Intermittent (hourly) employees
must timestamp in and out as they begin their work shifts, finish their work shifts, and take meal
periods. Salaried employees will report time off and time worked for special pays on the electronic
timecard.
6.4 Time Reporting and Pay Practices Waiver. The Union agrees to the implementation of an
Automated Timekeeping System.
SECTION 7 - OVERTIME AND COMPENSATORY TIME
7.1 Overtime.
A. Permanent full-time and part-time employees in the classification of Institutional Supervisor
I (7KHA) who are assigned to Juvenile Hall (Org# 3120) or Byron Boys Center (Org# 3160),
employees in the Property Appraisers Unit, and employees in the Engineering Technician
Unit are eligible to receive overtime pay or overtime compensatory time off for any
authorized work performed;
SECTION 7 - OVERTIME AND COMPENSATORY TIME
AFSCME Local 512 20 of 98 2013-2016 MOU
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.
Worked performed does not include non-work hours. Overtime pay is compensated at the
rate of one and one-half (1-1/2) times the employee's base rate of pay (not including shift
and any other special differentials). Any special differentials that are applicable during
overtime hours worked will be computed on the employee’s base rate of pay, not on the
overtime rate of pay.
Overtime for permanent employees is earned and credited in a minimum of one-half (1/2)
hour increments and is compensated by either pay or compensatory time off.
Employees in the Social Service Staff Special Unit, Income Maintenance Unit, Clerical
Supervisors Unit, and Probation Supervisors Unit [except Institutional Supervisor I (7KHA)
assigned to Juvenile Hall (Org # 3120) or Byron Boys Center (Org #3160)] are not eligible
to receive the overtime pay, straight time pay or compensatory time described in this
Section 7.
B. Permanent Intermittent and temporary employees in the classification of Institutional
Supervisor I (7KHA) who are assigned to Juvenile Hall (Org# 3120) or Byron Boys Center
(Org# 3160), employees in the Property Appraisers Unit, and employees in the Engineering
Technician Unit are eligible to receive overtime pay for any authorized work performed in
excess of forty (40) hours per week or in excess of eight (8) hours per day. Work
performed does not include non-work hours. Overtime pay is compensated at the rate of
one and one-half (1.5) times the employee’s hourly base rate of pay (not including shift or
any other special differentials). Any special differentials that are applicable during overtime
hours worked will be computed on the employee’s base hourly rate of pay, not on the
overtime rate of pay.
7.2 Straight Time Pay. Permanent full-time and part-time employees in the classification of
Institutional Supervisor I (7KHA) who are assigned to Juvenile Hall (Org# 3120) or Byron Boys Center
(Org# 3160), employees in the Property Appraisers Unit, and employees in the Engineering
Technician Unit 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 8:00 a.m. to 5:00 p.m. but uses accruals for 8:00 a.m. to 10:00 a.m. and works from 10:00 a.m.
to 7:00 p.m., he/she would be entitled to two hours of straight time pay for the 5:00 p.m. to 7:00 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
SECTION 7 - OVERTIME AND COMPENSATORY TIME
AFSCME Local 512 21 of 98 2013-2016 MOU
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.
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 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 should be replaced by another employee who would be
eligible to receive, for time worked, either overtime payment or compensatory time accruals
as provided for in this Section. This provision may be waived at the discretion of the
Department Head or his or her designee.
H. When an employee promotes, demotes or transfers from one classification eligible for
compensatory time off to another classification eligible for compensatory time off within the
same department, the employee's accrued compensatory time off balance will be carried
forward with the employee.
I. Compensatory time accrual balances will be paid off when an employee moves from one
department to another through promotion, demotion or transfer. Said payoff will be made in
accordance with the provisions and salary of the class from which the employee is
promoting, demoting or transferring as set forth in J. below.
J. Since employees accrue overtime compensatory time off at the rate of one and one-half (1-
SECTION 8 - CALL-BACK TIME PAY
AFSCME Local 512 22 of 98 2013-2016 MOU
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 changes status and is no longer eligible for compensatory time off;
2. the employee promotes, demotes or transfers to another department;
3. the employee separates from County service;
4. the employee retires.
K. The Office of the County Auditor-Controller will establish timekeeping procedures to
administer this Section.
7.4 Fair Labor Standards Act Provisions. The Fair Labor Standards Act, as amended, may
govern certain terms and conditions of the employment of employees covered by this MOU. It is
anticipated that compliance with the Act may require changes in some of the County policies and
practices currently in effect or agreed upon. If it is determined by the County that certain working
conditions, including but not limited to work schedules, hours of work, method of computing overtime,
overtime pay and compensatory time off entitlements or use, must be changed to conform with the
Fair Labor Standards Act, such terms and conditions of employment shall not be controlled by this
MOU but shall be subject to modification by the County to conform to the Federal Law, without further
meeting and conferring. The County shall notify the Union (employee organizations) and will meet
and confer with said organization regarding the implementation of such modifications.
SECTION 8 - CALL-BACK TIME PAY
A permanent full time and permanent part time employee who is called back to duty will be paid for
Call Back Time. Call Back Time occurs when an employee is not scheduled to work and is not on
County premises, but is called back to work on County premises or for a County work assignment.
An employee called back to work will be paid Call Back Time Pay at the rate of one and one-half (1.5)
times his/her base rate of pay (not including differentials) for the actual Call Back Time worked plus
one (1) hour. An employee called back to work will be paid a minimum of two (2) hours for each Call
Back Time event.
SECTION 9 - ON-CALL DUTY
A permanent full-time or part-time employee assigned to On-Call Duty is paid one (1) hour of straight
time pay for each four (4) hours designated as on-call duty. If an employee’s on-call duty hours are
not in increments of four (4) hours, the on-call duty hours will be pro-rated. For example, if the
employee is assigned to on-call duty for six (6) hours, the employee would receive one and one-half
(1.5) hours of straight time pay for the six (6) hours of designated on-call duty (6 hours ÷ 4 hours=1.5
hrs.). If an employee is called back to work while assigned to on-call duty, the employee will be paid
for the total assigned on-call duty hours regardless of when the employee returns to work. An
employee is considered assigned to on-call duty if all of the following criteria are met:
SECTION 10 - SHIFT DIFFERENTIAL
AFSCME Local 512 23 of 98 2013-2016 MOU
A. A permanent full-time or part-time employee is not scheduled to work on County premises,
but is required to report to work immediately if called. The employee must provide his/her supervisor
with current contact information so that the supervisor can reach the employee with ten (10) minutes
or less notice.
B. The Department Head designates and approves those permanent full-time or part-time
employees who will be assigned to on-call duty.
SECTION 10 - SHIFT DIFFERENTIAL
10.1 Shift Differential.
A. Permanent Full Time and Permanent Part Time Employees:
1. Permanent full time and permanent part time employees will receive a shift
differential of five percent (5%) for the employee’s entire scheduled shift when the
employee is scheduled to work for four (4) or more hours between 5:00p.m. and
9:00a.m.
2. In order to receive the shift differential, the employee must start work between the
hours of midnight and 5:00 a.m. or 11:00 a.m. and midnight on the day the shift is
scheduled to begin. Hours worked in excess of the employee’s scheduled workday
will count towards qualifying for the shift differential, but the employee will not be
paid the shift differential on any excess hours worked.
3. Employees who commence a vacation, paid sick leave period, paid disability or
other paid leave immediately after working a shift that qualifies for the shift
differential, will have the shift differential included in computing the pay for their time
on paid leave. Employees on a rotating shift schedule who commence a vacation,
paid sick leave, paid disability, or other paid leave will be paid the shift differential
that they would have received had the employees worked the scheduled shift during
the period of paid leave. Shift differential shall only be paid during paid sick leave
and paid disability leave as provided above for the first thirty (30) calendar days of
each absence.
B. Permanent-Intermittent and Temporary Employees:
1. Permanent-intermittent and temporary employees shall receive a shift differential of
five percent (5%) for a maximum of eight (8) hours per work day and/or forty (40)
hours per workweek when the employee works four (4) or more hours between
5:00p.m. and 9:00a.m.
2. In order to receive the shift differential, the employee must start work between the
hours of midnight and 5:00 a.m. or 11:00 a.m. and midnight on the day the shift is
scheduled to begin. Hours worked in excess of eight (8) hours in a workday will
count towards qualifying for the shift differential, but the employee will not be paid
the shift differential on any excess hours worked.
AFSCME Local 512 24 of 98 2013-2016 MOU
10.2 Standards Division Differential. Associate Appraisers assigned to the Standards Division of
the Assessor’s Office shall receive a monthly differential in the amount of two and one-half percent
(2.5%) of monthly base pay for each month assigned. This differential is in recognition of the
additional responsibilities and duties required when assigned to the Standards Division.
The Associate Appraiser in the Standards Division who is assigned the responsibility of providing lead
direction and training to subordinate Appraisers shall receive a monthly differential in the amount of
two and one-half percent (2.5%) of monthly base pay in addition to the differential described above.
SECTION 11 - SENIORITY, WORKFORCE REDUCTION, LAYOFF & REASSIGNMENT
11.1 Workforce Reduction. In the event that funding reductions or shortfalls in funding occur in a
department or are expected, which may result in layoffs, the department will notify the union and take
the following actions:
a. Identify the classification(s) in which position reductions may be required due to funding
reductions or shortfalls.
b. Advise employees in those classifications that position reductions may occur in their
classifications.
c. Accept voluntary leaves of absence from employees in those classifications which do not
appear to be potentially impacted by possible position reductions when such leaves can be
accommodated by the department.
d. Consider employee requests to reduce their position hours from full time to part time to
alleviate the impact of the potential layoffs.
e. Approve requests for reduction in hours, lateral transfers, and voluntary demotions to vacant,
funded positions in classes not scheduled for layoffs within the department, as well as to other
departments not experiencing funding reductions or shortfalls when it is a viable operational
alternative for the department(s).
f. Review various alternatives which will help mitigate the impact of the layoff by working through
the Tactical Employment Team 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 Officer that the Board of
Supervisors may take action which will result in the layoff of employees in a representation
SECTION 11 - SENIORITY, WORKFORCE REDUCTION, LAYOFF & REASSIGNMENT
AFSCME Local 512 25 of 98 2013-2016 MOU
unit, the Labor Relations Officer shall notify the Union of the possibility of such layoffs and shall
meet and confer with the Union regarding the implementation of the action.
11.2 Separation Through Layoff.
A. Grounds for Layoff. Any employee(s) having permanent status in position(s) in the merit
service may be laid off when the position is no longer necessary, or for reasons of economy,
lack of work, lack of funds or for such other reason(s) as the Board of Supervisors deems
sufficient for abolishing the position(s).
B. Order of Layoff. The order of layoff in a department shall be based on inverse seniority in the
class of positions, the employee in that department with least seniority being laid off first and
so on.
C. Layoff By Displacement.
1. In the Same Class. A laid off permanent full time employee may displace an employee
in the department having less seniority in the same class who occupies a permanent-
intermittent or permanent part-time position, the least senior employee being displaced
first.
2. In the Same Level or Lower Class. A laid off or displaced employee who had achieved
permanent status in a class at the same or lower salary level as determined by the
salary schedule in effect at the time of layoff may displace within the department and in
the class of an employee having less seniority; the least senior employee being
displaced first, and so on with senior displaced employees displacing junior employees.
D. Particular Rules on Displacing.
1. Permanent-intermittent and permanent part-time employees may displace only
employees holding permanent positions of the same type respectively.
2. A permanent full time employee may displace any intermittent or part-time employee
with less seniority 1) in the same class or, 2) in a class of the same or lower salary level
if no full time employee in a class at the same or lower salary level has less seniority
than the displacing employees.
3. Former permanent full time employees who have voluntarily become permanent part-
time employees for the purpose of reducing the impact of a proposed layoff with the
written approval of the Director of Human Resources or designee retain their permanent
full time employee seniority rights for layoff purposes only and may in a later layoff
displace a full time employee with less seniority as provided in these rules.
E. Seniority. An employee's seniority within a class for layoff and displacement purposes shall be
determined by adding the employee's length of service in the particular class in question to the
employee's length of service in other classes at the same or higher salary levels as determined
by the salary schedule in effect at the time of layoff. Employees reallocated or transferred
without examination from one class to another class having a salary within five (5%) percent of
the former class, as provided in Section 305.2 of the PMRs, shall carry the seniority accrued in
SECTION 11 - SENIORITY, WORKFORCE REDUCTION, LAYOFF & REASSIGNMENT
AFSCME Local 512 26 of 98 2013-2016 MOU
the former class into the new class. Employees reallocated to a new deep class upon its
initiation or otherwise reallocated to a deep class because the duties of the position occupied
are appropriately described in the deep class shall carry into the deep class the seniority
accrued or carried forward in the former class and seniority accrued in other classes which
have been included in the deep class. Service for layoff and displacement purposes includes
only the employee's last continuous permanent County employment. Periods of separation
may not be bridged to extend such service unless the separation is a result of layoff in which
case bridging will be authorized if the employee is reemployed in a permanent position within
the period of layoff eligibility.
Approved leaves of absence as provided for in these rules and regulations shall not constitute
a period of separation. In the event of ties in seniority rights in the particular class in question,
such ties shall be broken by length of last continuous permanent County employment. If there
remain ties 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 List. 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
or transferred in lieu of layoff or displacement. Names shall be listed in order of layoff seniority
in the class from which laid off, displaced, demoted or transferred on the date of layoff, the
most senior person listed first. In case of ties in seniority, the seniority rules shall apply except
that where there is a class seniority tie between persons laid off from different departments,
the tie(s) shall be broken by length of last continuous permanent County employment with
remaining ties broken by random selection among the employees involved.
H. Duration of Layoff and Reemployment Rights. The name of any person granted reemployment
privileges shall continue on the appropriate list for a period of two (2) years. Persons placed on
layoff lists shall continue on the appropriate list for a period of four (4) years.
I. Certification of Persons From Layoff Lists. Layoff lists contain the name(s) of person(s) laid
off, displaced or demoted by displacement or voluntarily demoted in lieu of layoff or transferred
in lieu of layoff or displacement. When a request for personnel is received from the appointing
authority of a department from which an eligible(s) was laid off, the appointing authority shall
receive and appoint the eligible highest on the layoff list from the department. When a request
for personnel is received from a department from which an eligible(s) was not laid off, the
appointing authority shall receive and appoint the eligible highest on the layoff list who shall be
subject to a probationary period. A person employed from a layoff list shall be appointed at the
same step of the salary range the employee held on the day of layoff.
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:
SECTION 11 - SENIORITY, WORKFORCE REDUCTION, LAYOFF & REASSIGNMENT
AFSCME Local 512 27 of 98 2013-2016 MOU
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. A single offer is defined as an offer of all
the permanent positions that are available at that time. A rejection of all of those offered
positions constitutes a single declination.
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.
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.
11.3 Notice. The County will give employees scheduled for layoff at least ten (10) work days notice
prior to their last day of employment.
11.4 Special Employment Lists. The County will establish a Tactical Employment Team (TET)
employment pool which will include the names of all laid off County employees. The names of
employees who remain County employees but who have been displaced or who have demoted as a
result of a layoff or displacement, or who have voluntarily demoted or transferred in lieu of layoff or
displacement will also be included in the TET employment pool. 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). The name of any person included in the TET employment pool shall continue
to be in the pool for a period of four (4) years, unless the employee’s name is removed from the layoff
list, which will cause the employee’s name to be removed from the TET pool as well.
Employees in the TET employment pool shall be guaranteed a job interview for any vacant funded
position for which they meet the minimum qualifications. If there are more than five such employees
who express an interest for one vacant funded position, the five most senior employees shall be
interviewed. Seniority for this subsection shall be County seniority.
11.5 Reassignment of Laid Off Employees. Employees who displaced within the same
classification from full time to part-time or intermittent status in a layoff, or who voluntarily reduced
SECTION 12 - HOLIDAYS
AFSCME Local 512 28 of 98 2013-2016 MOU
their work hours to reduce the impact of layoff, or who accepted a position of another status than that
from which they were laid off upon referral from the layoff list, may request reassignment back to their
pre-layoff status (full time or part-time or increased hours). The request must be in writing in accord
with each department's reassignment bid or selection process. Employees will be advised of the
reassignment procedure to be followed to obtain reassignment back to their former status at the time
of the workforce reduction. The most senior laid off employee in this status who requests such a
reassignment will be selected for the vacancy; except when a more senior laid off individual remains
on the layoff list and has not been appointed back to the class from which laid off, a referral from the
layoff list will be made to fill the vacancy.
SECTION 12 - HOLIDAYS
12.1 Holidays and Personal Holiday Credit. The County will observe the following holidays:
A. January 1st, known as New Year’s Day
Third Monday in January known as Dr. M. L. King, Jr. Day
Third Monday in February, known as Presidents’ Day
The last Monday in May, known as Memorial Day
July 4th known as Independence Day
First Monday in September, known as Labor Day
November 11th, known as Veterans Day
Fourth Thursday in November, known as Thanksgiving Day
The Friday after Thanksgiving Day
December 25th, known as Christmas Day
Such other days as the Board of Supervisors may by resolution designate as holidays.
1. 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.
2. For employees in the Health Services Department who are assigned to units or
services on a shift operational cycle that includes Saturdays and Sundays, holidays
are observed on the day that the holiday falls regardless if it is a Saturday or
Sunday.
3. For Institutional Supervisor I’s who work in a twenty-four (24) hour facility and are
assigned to rotating shifts, any holiday that falls on Saturday will be observed on
Saturday, and any holiday that falls on Sunday will be observed on Sunday.
4. For employees who work in twenty-four (24) hour facilities other than in the Health
Services Department and who are assigned to work on a holiday, any holiday that
falls on a Saturday will be observed on a Saturday, and any holiday that falls on a
Sunday will be observed on a Sunday.
B. Each full-time employee shall accrue four (4) hours of personal holiday credit per month.
Such personal holiday time may be taken in one (1) minute increments, and preference of
personal holidays shall be given to employees according to their seniority in their
SECTION 12 - HOLIDAYS
AFSCME Local 512 29 of 98 2013-2016 MOU
department as reasonably as possible. No employee may accrue more than forty (40)
hours of personal holiday credit. On separation from County service, an employee will be
paid for any unused personal holiday credits at the employee's then current pay rate.
C. Effective July 1, 2012, Institutional Supervisor I employees assigned to work in twenty-four
(24) hour facilities will, in addition to those holidays specified in Section 12.1.A, observe
Admission Day on September 9, Columbus Day on the second Monday in October, and
Lincoln's Birthday on February 12 as holidays, but will not accrue the four (4) hours per
month of personal holiday credit referenced in Section 12.1.B. above, or the two (2) hours
per month of personal holiday credit referenced in Section 12.1.D., below.
D. Effective July 1, 2012, employees in classification in the Probation Supervisor Unit will not
accrue the four (4) hours per month of personal holiday credit referenced in Section
12.1.B., above, but will accrue two (2) hours per month of personal holiday credit. Such
personal holiday time may be taken in one (1) minute increments, and preference of
personal holidays shall be given to employees according to their seniority in their
department as reasonably as possible. No employee may accrue more than forty (40)
hours of personal holiday credit. On separation from County service, an employee will be
paid for any unused personal holiday credits at the employee’s then current pay rate.
12.2 Holiday is Observed (NOT WORKED)
A. Full Time Employees:
1. Holidays Observed – Full-Time Employees: Full-time employees on regular, 4/10,
9/80, flexible, and alternate work schedules are entitled to observe a holiday (eight
(8) hours off), without a reduction in pay, whenever a holiday is observed by the
County.
2. Holidays Observed on Regular Day Off of Full Time Employees on 4/10, 9/80,
Flexible, and Alternative Work Schedule: When a holiday is observed by the County
on the regularly scheduled day off of an employee who is on a 4/10, 9/80, flexible, or
alternate work schedule, the employee is entitled to take eight (8) hours off, without
reduction in pay, in recognition of the holiday. The employee is also entitled to
receive eight (8) hours of flexible pay at the rate of 1.0 times his/her base rate of pay
(not including differentials) or flexible compensatory time in recognition of his/her
regularly scheduled day off.
Those employees covered by this subsection who before March 1, 2010, moved a
holiday that fell on a scheduled day off to the work day preceding or following the
holiday, will be given priority for request for time off on the day they would have
observed the holiday over other requests for time off. This priority treatment does not
apply to scheduled and approved vacation requests already granted to other
employees. Further, the County retains the right to determine the maximum number
of employees who may take time off work at the same time.
3. Holiday Observed – Full Time Employees Scheduled in Excess of Eight (8) Hours:
When a holiday falls on an employee’s regularly scheduled workday, the employee
is entitled to only eight (8) hours off without a reduction in pay. If the workday is a
SECTION 12 - HOLIDAYS
AFSCME Local 512 30 of 98 2013-2016 MOU
nine (9) hour day, the employee must use one (1) hour of non-sick leave accruals. If
the workday is a ten (10) hour day, the employee must use two (2) hours of non-sick
leave accruals. If the employee does not have any non-sick leave accrual balances,
leave without pay (AWOP) will be authorized.
4. Holiday Observed – Full Time Employees Scheduled for Less Than Eight (8) Hours:
When a full time employee is scheduled to work less than eight (8) hours on a
holiday and the employee observes the holiday, the employee is also entitled to
receive flexible pay at the rate of 1.0 times his/her base rate of pay (not including
differentials) for the difference between eight (8) hours and the hours the employee
was schedule to work on the holiday.
B. Part Time Employees:
1. Holidays Observed – Part-Time Employees: When a holiday is observed by the
County, each part time employee is entitled to observe the holiday in the same ratio
as his/her number of position hours bears to forty (40) hours, multiplied by eight (8)
hours, without a reduction in pay. For example, a part time employee whose
position hours are 24 per week is entitled to 4.8 hours off work on a holiday (24/40 x
8 =4.8). Hereafter, the number of hours produced by this calculation will be referred
to as the “part time employee’s holiday hours.”
2. Holiday Observed on Regular Day Off of Part Time Employees: When a holiday is
observed by the County on the regularly scheduled day off of a part time employee,
the part time employee is entitled to observe the holiday in the amount of the “part
time employee’s holiday hours,” without a reduction in pay, in recognition of the
holiday. The employee is also entitled to receive flexible pay at the rate of 1.0 times
his/her base rate of pay (not including differentials) or flexible compensatory time, in
the amount of the “part time employee’s holiday hours” in recognition of his/her
scheduled day off.
3. Holiday Observed – Part Time Employees Scheduled to Work in Excess of “Part
Time Employee’s Holiday Hours”: When the number of hours in a part time
employee’s scheduled work day that falls on a holiday is more than the employee’s
“part time employee’s holiday hours”, the employee must use non-sick leave
accruals for the difference between the employee’s scheduled work hours and the
employee’s “part time employee’s holiday hours.” If the employee does not have
any non-sick leave accrual balances, leave without pay (AWOP) will be authorized.
4. Holiday Observed – Part Time Employees Scheduled to Work Less Than “Part Time
Employee’s Holiday Hours”: When the number of hours in a part time employee’s
scheduled work day that falls on a holiday is less than the employee’s “part time
employee’s holiday hours”, the employee is also entitled to receive flexible pay at the
rate of 1.0 times his/her rate of pay (not including differentials) for the difference
between the employee’s schedule work hours and the employee’s “part time
employee’s holiday hours.”
SECTION 12 - HOLIDAYS
AFSCME Local 512 31 of 98 2013-2016 MOU
12.3 Holiday is WORKED.
A. Full Time Employees:
1. Holiday Falls on Regularly Scheduled Work Day of Full Time Employees on Regular,
4/10, 9/80, Flexible, and Alternate Work Schedules: 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) or holiday compensation time at the same rate, for all
hours worked up to a maximum of eight (8) hours. This provision applies to the
regular, 4/10, 9/80, flexible, and alternate work schedules.
2. Holiday Worked - Full Time Employee Scheduled less than Eight (8) hours on
Regularly Scheduled Work Day: When a full time employee is scheduled to work
less than eight (8) hours on a holiday (hereafter referred to as “full time employee
short shift”), and the employee works that full time employee short shift, the
employee is also entitled to receive flexible pay at the rate of 1.0 times his/her base
rate of pay (not including differentials) or flexible compensatory time for the
difference between eight (8) hours and the employee’s scheduled full time employee
short shift hours.
3. Holiday Falls on Regularly Scheduled Day Off of Full-Time Employees on 4/10, 9/80,
Flexible, and Alternate Work Schedules: When a full-time employee works on a
holiday that falls on the employee’s regularly scheduled day off, the employee is
entitled to receive his/her regular salary. The employee is also entitled to receive
overtime pay at the rate of one and one half (1.5) times his/her base rate of pay (not
including differentials) or compensation time at the same rate for all hours worked on
the holiday. The employee is entitled to receive eight (8) hours of flexible
compensatory time or pay, at the rate of 1.0 times his/her base rate of pay, in
recognition of his/her scheduled day off. This provision only applies to employees
on 4/10, 9/80, flexible, and alternate work schedules.
B. Part Time Employees:
1. Holiday Falls on Regularly Scheduled Work Day: When a part time employee works
on a holiday that falls on the employee’s scheduled work day, the part time
employee is entitled to receive his/her regular salary. The part time employee is
also entitled to receive holiday pay at the rate of one and one half (1.5) times his/her
base rate of pay (not including differentials) or holiday compensatory time for all
hours worked on the holiday, up to a maximum of the “part time employee’s holiday
hours.”
2. Holiday Worked- Part Time Employee Scheduled for Less than “Part Time
Employee’s Holiday Hours” on Regularly Scheduled Work Day: When a part time
employee is scheduled to work less than the employee’s “part time employee’s
holiday hours” on a holiday (hereafter referred to as “part time employee short shift”),
and the employee works that part time employee short shift, the employee is also
entitled to receive flexible pay at the rate of 1.0 times his/her base rate of pay (not
SECTION 12 - HOLIDAYS
AFSCME Local 512 32 of 98 2013-2016 MOU
including differentials) or flexible compensatory time for the difference between the
“part time employee’s holiday hours” and the part time employee short shift hours.
3. Holiday Worked- Part Time Employee Scheduled to Work in Excess of “Part Time
Employee’s Holiday Hours” on Regularly Scheduled Work Day: When a part time
employee is scheduled to work more than his/her “part time employee’s holiday
hours” on a holiday (hereafter referred to as “part time employee long shift”), and the
employee works more than the part time employee long shift hours, the employee is
entitled to receive straight time pay at the rate of 1.0 time his/her base rate of pay
(not including differentials) or compensatory time up to eight (8) hours. When a part-
time employee works more than his/her part time employee long shift hours and
beyond eight (8) hours, the part time employee is entitled to receive overtime pay at
the rate of one and one half (1.5) times his/her base rate of pay (not including
differentials) or compensatory time for all hours worked beyond the part time
employee long shift hours that exceed eight (8) hours.
4. Holiday Falls on Regularly Scheduled Day Off of Part Time Employee: When a part
time employee works on a holiday that falls on the employee’s regularly scheduled
day off, the employee is entitled to receive his/her regular salary. The part time
employee is also entitled to receive overtime pay at the rate of one and one half
(1.5) his/her base rate of pay (not including differentials) or compensatory time for all
hours worked on the holiday, up to a maximum of the amount the “part time
employee’s holiday hours.”
5. Holiday Worked- Regularly Scheduled Day Off in Excess of “Part Time Employee’s
Holiday Hours”: If a part time employee works more than the “part time employee’s
holiday hours,” the part time employee is also entitled to receive straight time pay at
the rate of 1.0 times his/her base rate of pay (not including differentials) or
compensatory time for all hours worked up to a maximum of eight (8) hours. If a part
time employee works more than eight (8) hours on the holiday, the part time
employee is entitled to receive overtime pay at the rate of one and one half (1.5)
times his/her base rate of pay (not including differentials) or compensatory time for
all hours worked beyond eight (8) hours. The part time employee is also entitled to
receive flexible pay at the rate of 1.0 times his/her base rate of pay (not including
differentials) multiplied by the amount of the “part time employee’s holiday hours” or
flexible compensatory time in recognition of his/her scheduled day off.
6. Holiday Worked- Regularly Scheduled Day Off Less Than “Part Time Employee’s
Holiday Hours”: If a part-time employee works a part time employee short shift on
his/her regularly scheduled day off, the employee is also entitled to receive flexible
pay at the rate of 1.0 time his/her base rate of pay (not including differentials) or
flexible compensatory time for the difference between the part time employee’s short
shift hours and the “part time employee’s holiday hours.”
12.4 Holiday and Compensatory Time Provisions:
A. Maximum Accruals of Holiday Compensatory Time: Holiday compensatory time may
not be accumulated in excess of two hundred eighty-eight (288) hours. After two hundred
eighty-eight (288) hours are accrued by an employee, the employee will receive holiday
SECTION 12 - HOLIDAYS
AFSCME Local 512 33 of 98 2013-2016 MOU
pay at the rate of one and one half (1.5) times his/her base rate of pay. Holiday
compensatory time may be taken at those dates and times determined by mutual
agreement of the employee and the Department Head or designee.
B. Pay Off of Holiday Compensatory Time: Holiday compensatory time will be paid off only
upon a change in status. A change in status includes separation, transfer to another
department, reassignment to a permanent-intermittent position, or transfer, assignment, or
promotion or demotion into a position that is not eligible for holiday compensatory time.
C. Maximum Accruals of Flexible Compensatory Time: Flexible compensatory time may
not be accumulated in excess of two hundred eighty-eight (288) hours. After two hundred
eighty-eight (288) hours are accrued by an employee, the employee will receive flexible pay
at the rate of 1.0 times his/her base rate of pay. Flexible compensatory time may be taken
on those dates and times determined by mutual agreement of the employee and the
Department Head or designee.
D. Pay Off of Flexible Compensatory Time: Flexible compensatory time will be paid off only
upon a change in status. A change in status includes separation, transfer to another
department, reassignment to a permanent-intermittent position, or transfer assignment, or
promotion or demotion into a position that is not eligible for flexible compensatory time.
E. Employees who elect to receive flexible compensatory time or holiday compensatory time
credit must agree to do so for a full fiscal year (July 1 through June 30). The employee
must notify their departmental payroll staff of any change in the election by May 31 of each
year.
12.5 Holidays for Institutional Supervisor I’s (ISI) Who Work in Twenty-Four (24) Hour
Facilities AND Who Do NOT Accrue Four (4) Hours per Month of Personal Holiday Credit:
A. All of the provisions of Section 12 apply to all of the Institutional Supervisor I’s who work in
twenty-four (24) hour facilities and who do not accrue four (4) hours per month of personal
holiday credit.
B. When a holiday falls on the regularly scheduled day off of a full-time ISI employees who
works in a twenty-four (24) hour facility AND who does not accrue four (4) hours per month
of personal holiday credit, the employee’s regularly scheduled day off moves to the
employee’s next scheduled work day.
1. Employee Works on His/Her Next Scheduled Work Day Following the Holiday:
When a full-time employee works on his/her next scheduled work day following the
holiday, the employee is entitled to receive his/her regular salary. The employee is
also entitled to receive overtime pay at the rate of one and one half (1.5) times
his/her base rate of pay (not including differentials) or compensation time at the
same rate for all hours worked on that day up to a maximum of eight (8) hours.
2. Employee does NOT work on His/Her Next Scheduled Work Day Following the
Holiday: When a full-time employee does NOT work on his/her next scheduled
work day following the holiday, the employee is entitled to the day off, without a
reduction in pay, in recognition of his/her regularly scheduled day off.
SECTION 13 - VACATION AND PAID PERSONAL LEAVE
AFSCME Local 512 34 of 98 2013-2016 MOU
3. The County retains the right to decide whether an employee will work or not work on
the next scheduled work day following a holiday.
12.6 Permanent-Intermittent Employees: Permanent-Intermittent employees who work on a
holiday are entitled to receive overtime pay at the rate of one and one half (1.5) time his/her base rate
of pay (not including differentials) for a maximum of eight (8) hours worked on the holiday.
SECTION 13 - VACATION AND PAID PERSONAL LEAVE
13.1 Vacation Allowance. Employees in permanent positions are entitled to vacation with pay.
Accrual is based upon straight time hours of working time per calendar month of service and begins
on the date of appointment to a permanent position. Increased accruals begin on the first of the
month following the month in which the employee qualifies. Accrual for portions of a month shall be in
minimum amounts of one (1) hour calculated on the same basis as for partial month compensation
pursuant to Section 5.8 – Compensation for Portion of Month of this MOU. Vacation credits may be
taken in one (1) minute increments. Vacation may not be taken during the first six (6) months of
employment except where sick leave has been exhausted; and none shall be allowed in excess of
actual accrual at the time vacation is taken.
13.2 Vacation Leave on Reemployment from a Layoff List. Employees with six (6) months or
more service in a permanent position prior to their layoff, who are employed from a layoff list, shall be
considered as having completed six (6) months tenure in a permanent position for the purpose of
vacation leave. The appointing authority or designee will advise the Auditor-Controller's Payroll Unit in
each case where such vacation is authorized so that appropriate Payroll system override actions can
be taken.
13.3 Vacation Accrual Rates. For employees in the Social Service Staff Specialist Unit and
Probation Supervisor Unit, the rates at which vacation credits accrue and the maximum accumulation
thereof, are as follows:
Monthly Maximum
Accrual Cumulative
Length of Service Hours Hours
Under 11 years 10 240
11 years 10-2/3 256
12 years 11-1/3 272
13 years 12 288
14 years 12-2/3 304
15 through 19 years 13-1/3 320
20 through 24 years 16-2/3 400
25 through 29 years 20 480
30 years and up 23-1/3 560
For employees in the Income Maintenance Program, Engineering Technician, Property Appraiser,
SECTION 13 - VACATION AND PAID PERSONAL LEAVE
AFSCME Local 512 35 of 98 2013-2016 MOU
and Clerical Supervisory Units, vacation credits accrue and the maximum accumulation thereof are
as follows:
Monthly Maximum
Accrual Cumulative
Length of Service Hours Hours
Under 5 years 6-2/3 160
5 through 10 years 10 240
11 years 10-2/3 256
12 years 11-1/3 272
13 years 12 288
14 years 12-2/3 304
15 through 19 years 13-1/3 320
20 through 24 years 16-2/3 400
25 through 29 years 20 480
30 years and up 23-1/3 560
A. Vacation Accrual Increases for Employees Hired on and before June 30, 2009:
Employees with a first of the month Service Award Date: Each employee with a Service Award Date
that is on the first day of a month is eligible to accrue increased vacation hours on his/her Service
Award Date.
Example:
1. The employee’s Service Award Date is January 1, 1988.
2. The employee reaches 20 years of service on January 1, 2008.
3. January 1, 2008 is the date on which the employee is eligible to begin accruing 16.66 hours of
vacation time each month.
4. The increased vacation hours will first appear on the employee’s February 10, 2008 pay
warrant.
Employees NOT with a first of the month Service Award Date: Each employee whose Service
Award Date is NOT on the first day of a month is eligible to accrue increased vacation hours on the
first day of the month following the employee's Service Award Date.
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.
4. The increased vacation hours will first appear on the employee’s April 10, 2007 pay warrant.
A. Vacation Accrual Increases for Employees Hired on and after July 1, 2009:
SECTION 13 - VACATION AND PAID PERSONAL LEAVE
AFSCME Local 512 36 of 98 2013-2016 MOU
Each employee hired on and after July 1, 2009 is eligible 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.
4. The increased vacation hours will appear on the employee’s March 10, 2008, pay warrant.
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.
4. The increased vacation hours will appear on the employee’s April 10, 2007, pay warrant.
B. Service Award Date Defined: An employee’s Service Award Date is the first day of his/her
temporary, provisional, or permanent appointment to a position in the County. If an employee
is first appointed to a temporary or provisional position and then later appointed to a
permanent position, the Service Award Date for that employee is the date of the first day of the
temporary or provisional appointment.
13.4 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.
13.5 Vacation Allowance for Separated Employees. On separation from County service, an
employee shall be paid for any unused vacation credits at the employee's then current pay rate.
13.6 Preference. Vacation shall be given to employees according to their seniority in their
department as much as is reasonably possible.
13.7 Prorated Accruals. Employees in permanent part-time and permanent-intermittent positions
shall accrue vacation benefits on a prorated basis as provided in Section 36-2.006 of Board
Resolution 81/1165.
SECTION 14 - SICK LEAVE
AFSCME Local 512 37 of 98 2013-2016 MOU
SECTION 14 - SICK LEAVE
14.1 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.
14.2 Credits To and Charges Against Sick Leave. Sick leave credits accrue at the rate of eight
(8) working hours credit for each completed month of service, as prescribed by County Salary
Regulations. Employees who work a portion of a month are entitled to a pro rata share of the monthly
sick leave credit computed on the same basis as is partial month compensation.
Credits to and charges against sick leave are made in minimum amounts of one (1) minute
increments.
Unused sick leave credits accumulate from year to year.
When an employee is separated other than through retirement, accumulated sick leave credits shall
be canceled, unless the separation results from layoff, in which case the accumulated credits shall be
restored if re-employed in a permanent position within the period of layoff eligibility.
As of the date of retirement, an employee's accumulated sick leave is converted to retirement on the
basis of one day of retirement service credit for each day of accumulated sick leave credit.
14.3 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: Includes only the spouse, son, stepson, daughter, stepdaughter, father,
stepfather, mother, stepmother, brother, sister, grandparent, grandchild, niece, nephew, father-in-law,
mother-in-law, daughter-in-law, son-in-law, brother-in-law, sister-in-law, foster children, aunt, uncle,
cousin, stepbrother, stepsister, or domestic partner of an employee and/or includes any other person
for whom the employee is the legal guardian or conservator, or any person who is claimed as a
"dependent" for IRS reporting purposes by the employee.
Employee: Any person employed by Contra Costa County in an allocated position in the County
service.
Paid Sick Leave Credits: Sick leave credits provided for by County Salary Regulations and
memoranda of understanding.
Condition/Reason: With respect to necessary verbal contacts and confirmations which occur
between the department and the employee when sick leave is requested or verified, a brief statement
in non-technical terms from the employee regarding inability to work due to injury or illness is
sufficient.
Accumulated paid sick leave credits may be used, subject to appointing authority approval, by an
employee in pay status, but only in the following instances:
SECTION 14 - SICK LEAVE
AFSCME Local 512 38 of 98 2013-2016 MOU
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 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. Except as set forth in Section 14.3 h. Baby/Child Bonding, 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.
SECTION 14 - SICK LEAVE
AFSCME Local 512 39 of 98 2013-2016 MOU
e. Medical and 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 or of the employee’s domestic partner,
but this shall not exceed three (3) working days, plus up to two (2) days of work time for
necessary travel. Use of additional accruals including sick leave when appropriate may be
authorized in conjunction with the bereavement leave at the discretion of the appointing
authority.
h. Baby/Child Bonding. Upon the birth or adoption of a child, an employee eligible for baby-
bonding leave pursuant to the California Family Rights Act may use sick leave credits for such
baby-bonding leave.
i. Accumulated paid sick leave credits may not be used in the following situations:
1. Vacation. Paid sick leave credits may not be used for an employee's illness or injury
which occurs while he is on vacation but the County Administrator may authorize it
when extenuating circumstances exist and the appointing authority approves.
2. Not in Pay Status. Paid sick leave credits may not be used when the employee would
otherwise be eligible to use paid sick leave credits but is not in pay status.
14.4 Administration of Sick Leave. The proper administration of sick leave is a responsibility of
the employee and the department head. The following procedures apply:
a. Employee Responsibilities
1. Employees are responsible for notifying their department of an absence prior to the
commencement of their work shift or as soon thereafter as possible. Notification shall
include the reason and possible duration of the absence.
2. Employees are responsible for keeping their department informed on a continuing basis
of their condition and probable date of return to work.
3. Employees are responsible for obtaining advance approval from their supervisor for the
scheduled time of pre-arranged personal or family medical and dental appointment.
4. Employees are encouraged to keep the department advised of (1) a current telephone
number to which sick leave related inquiries may be directed, and (2) any condition(s)
and/or restriction(s) that may reasonably be imposed regarding specific locations and/or
persons the department may contact to verify the employee's sick leave.
SECTION 14 - SICK LEAVE
AFSCME Local 512 40 of 98 2013-2016 MOU
b. Department Responsibilities. The use of sick leave may properly be denied if these
procedures are not followed. Abuse of sick leave on the part of the employee is cause for
disciplinary action.
Departmental approval of sick leave is a certification of the legitimacy of the sick leave claim.
The department head or designee may make reasonable inquiries about employee absences.
The department may require medical verification for an absence of three (3) or more working
days. The department may also require medical verification for absences of less than three (3)
working days for probable cause if the employee had been notified in advance in writing that
such verification was necessary. Inquiries may be made in the following ways:
1. Calling the employee's residence telephone number or other contact telephone number
provided by the employee if telephone notification was not made in accordance with
departmental sick leave call-in guidelines. These inquiries shall be subject to any
restrictions imposed by the employee under Section 14.4.a.
2. Obtaining the employee's signature on the Absence/Overtime Record, or on another
form established for that purpose, as employee certification of the legitimacy of the
claim.
3. Obtaining the employee's written statement of explanation regarding the sick leave
claim.
4. Requiring the employee to obtain a physician's certificate or verification of the
employee's illness, date(s) the employee was incapacitated, and the employee's ability
to return to work, as specified above.
5. In absences of an extended nature, requiring the employee to obtain from their
physician a statement of progress and anticipated date on which the employee will be
able to return to work, as specified above.
Department heads are responsible for establishing timekeeping procedures which will insure the
submission of a time card covering each employee absence and for operating their respective offices
in accordance with these policies and with clarifying regulations issued by the Office of the County
Administrator.
To help assure uniform policy application, the Human Resources Director or designated management
staff of the County Human Resources Department should be contacted with respect to sick leave
determinations about which the department is in doubt.
14.5 Disability.
A. An employee physically or mentally incapacitated for the performance of duty is subject to
dismissal, suspension or demotion, subject to the County Employees Retirement Law of 1937.
An appointing authority 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 physically or mentally incapacitated for the performance of the employees
duties.
SECTION 14 - SICK LEAVE
AFSCME Local 512 41 of 98 2013-2016 MOU
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 a physical, medical examination by a licensed
physician and/or psychiatric examination by a licensed physician or psychologist, and receive
a report of the findings on such examination. If the examining physician or psychologist
recommends that treatment for physical or mental health problems, including leave, are in the
best interests of the employee or the County in relation to the employee overcoming any
disability and/or performing his or her duties the appointing authority may direct the employee
to take such leave and/or undergo such treatment.
C. Leave due to temporary or permanent disability shall be without prejudice to the employee's
right to use sick leave, vacation, or any other benefit to which the employee is entitled other
than regular salary. The Human Resources Director may order lost pay restored for good
cause and subject to the employee's duty to mitigate damages.
D. Before an employee returns to work from any absence for illness or injury, other leave of
absence or disability leave, exceeding two weeks in duration, the appointing authority may
order the employee to undergo at County expense a physical, medical, and/or psychiatric
examination by a licensed physician, and may consider a report of the findings on such
examination. If the report shows that such employee is physically or mentally incapacitated for
the performance of duty, the appointing authority may take such action as he/she deems
necessary in accordance with appropriate provisions of this MOU.
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.
SECTION 14 - SICK LEAVE
AFSCME Local 512 42 of 98 2013-2016 MOU
H. After having complied with the notice requirements above, the appointing authority may order
the leave of absence or suspension in writing stating specifically the basis upon which the
action is being taken, delivering the order to the employee either personally or by certified mail,
effective either upon personal delivery or deposit in the U.S. Postal Service.
I. An employee who is placed on leave or suspended under this section may, within ten (10)
calendar days after personal delivery or mailing to the employee of the order, appeal the order
in writing through the Director of Human Resources to the Merit Board. Alternatively, the
employee may file a written election with the Director of Human Resources waiving the
employee's right to appeal to the Merit Board in favor of appeal to a Disability Review
Arbitrator.
J. In the event of an appeal either to the Merit Board or the Disability Review Arbitrator, the
employee has the burden of proof to show that either:
1. the physical or mental health condition cited by the appointing authority does not exist,
or
2. the physical or mental health condition does exist, but it is not sufficient to prevent,
preclude, or impair the employee's performance of duty, or is not sufficient to endanger
the health or safety of the employee, other employees, or the public.
K. If the appeal is to the Merit Board, the order and appeal shall be transmitted by the Director of
Human Resources to the Merit Board for hearing under the Merit Board's Procedures, Section
1114-1128 inclusive. Medical reports submitted in evidence in such hearings shall remain
confidential information and shall not be a part of the public record.
L. If the appeal is to a Disability Review Arbitrator, the employee (and his representative) will
meet with the County's representative to mutually select the Disability Review Arbitrator, who
may be a de facto arbitrator, or a physician, or a rehabilitation specialist, or some other
recognized specialist mutually selected by the parties. The arbitrator shall hear and review the
evidence. The decision of the Disability Review Arbitrator shall be binding on both the County
and the employee.
Scope of the Arbitrator's Review.
1. The arbitrator may affirm, modify or revoke the leave of absence or suspension.
2. The arbitrator may make his decision based only on evidence submitted by the County
and the employee.
3. The arbitrator may order back pay or paid sick leave credits for any period of leave of
absence or suspension if the leave or suspension is found not to be sustainable, subject
to the employee's duty to mitigate damages.
4. The arbitrator's fees and expenses shall be paid one-half by the County and one-half by
the employee or employee's association.
SECTION 14 - SICK LEAVE
AFSCME Local 512 43 of 98 2013-2016 MOU
M. It is understood that the benefits specified in Section 14 – Sick Leave and Section 17 –
Workers’ Compensation shall be coordinated with the rehabilitation program as determined by
the labor-management committee.
14.6 Accrual During Leave Without Pay. No employee who has been granted a leave without pay
or an unpaid military leave shall accrue any sick leave credits during the time of such leave nor shall
an employee who is absent without pay accrue sick leave credits during the absence.
14.7 Integration of SDI Benefits with the County Sick Leave Benefit Program. Employees
eligible for State Disability Insurance benefits and sick leave benefits for any portion of disability shall
be required to make application for both benefits. The State Disability Insurance benefits shall be
returned to the County to be credited to the employee’s sick leave balance on the following basis:
a. Integration with State Disability Insurance is automatic and cannot be waived.
b. The amount credited to the employee’s sick leave balance shall be converted to sick leave
hours by dividing the amount received from State Disability Insurance by the employee's
straight-time hourly rate, at the time of payment, as determined by the appropriate salary
schedule for the employee's class of employment.
c. If the employee is eligible for State Disability Insurance benefits, application must be made and
the benefits returned to the County for sick leave credits so that the principle of integration is
completed.
d. In the event an employee is not eligible for sick leave credits from the County, there will be no
integration and the employee shall not return State Disability Insurance benefits to the County.
e. In the event an employee receives sick leave benefits for a portion of the disability period,
State Disability Insurance benefits must be utilized to restore only those sick leave hours used
during the period of disability.
f. Restoration of sick leave balances shall be rounded to the nearest one-half (1/2) hour.
g. In no instance will an employee be allowed to purchase sick leave not accrued.
h. The County will provide separate accounting for the purchased sick leave to insure that State
Disability Insurance benefits are not taxable.
14.8 Disability Insurance Review Committee. The County shall continue the Disability Insurance
Review Committee consisting of one (1) representative from each employee organization and four (4)
management representatives to review and recommend to the Director of Human Resources the
feasibility of implementing a self-funded and self-administered disability insurance program.
14.9 Employee Annual Health Examination. Employees of the County who work in a Health
Services Department facility will annually be required to complete a health questionnaire and take a
tuberculosis skin test. A chest X-ray will be required if the employee has previously had a positive
reaction to a tuberculosis skin test. However, employees will not be required to take X-ray exams in
excess of what is required by applicable Federal and State laws.
SECTION 15 - CATASTROPHIC LEAVE BANK
AFSCME Local 512 44 of 98 2013-2016 MOU
Employees will also be requested to be screened for rubella immunity. If the result of the rubella test
is negative, the appointing authority or designee will recommend that the employee become
immunized. If the employee has direct patient contact and refuses to become immunized, said
employee will be relocated to an indirect patient contact area.
14.10 Confidentiality of Information/Records. Any use of employee medical records will be
governed by the Confidentiality of Medical Information Act (Civil Code Sections 56 to 56.26).
SECTION 15 - CATASTROPHIC LEAVE BANK
15.1 Program Design. The County Human Resources Department will operate a Catastrophic
Leave Bank which is designed to assist any County employee who has exhausted all paid accruals
due to a serious or catastrophic illness, injury, or condition of the employee or family member. The
program establishes and maintains a countywide bank wherein any employee who wishes to
contribute may authorize that a portion of his/her accrued vacation, compensatory time, holiday
compensatory time or floating holiday be deducted from those account(s) and credited to the
Catastrophic Leave Bank. Employees may donate hours either to a specific eligible employee or to
the bank. Upon approval, credits from the Catastrophic Leave Bank may be transferred to a
requesting employee's sick leave account so that employee may remain in paid status for a longer
period of time, thus partially ameliorating the financial impact of the illness, injury, or condition.
Catastrophic illness or injury is defined as a critical medical condition, a long-term major physical
impairment or disability which manifests itself during employment.
15.2 Operation. The plan will be administered under the direction of the Human Resources
Director. The Human Resources Department will be responsible for receiving and recording all
donations of accruals and for initiating transfer of credits from the Bank to the recipient's sick leave
account. Disbursement of accruals will be subject to the approval of a six (6) member committee
composed of three (3) members appointed by the County Administrator and three (3) members
appointed by the majority representative employee organizations. The committee shall meet as
necessary to consider all requests for credits and shall make determinations as to the
appropriateness of the request. The committee shall determine the amount of accruals to be awarded
for employees whose donations are non-specific. Consideration of all requests by the committee will
be on an anonymous requestor basis.
Hours transferred from the Catastrophic Leave Bank to a recipient will be in the form of sick leave
accruals and shall be treated as regular sick leave accruals.
To receive credits under this plan, an employee must have permanent status, must have exhausted
all time off accruals to a level below eight (8) hours total, have applied for a medical leave of absence
and have medical verification of need.
Donations are irrevocable unless the donation to the eligible employee is denied. Donations may be
made in hourly blocks with a minimum donation of not less than four (4) hours per donations from
balances in the vacation, holiday, floating holiday, compensatory time, or holiday compensatory time
accounts. Employees who elect to donate to a specific individual shall have seventy-five percent
(75%) of their donation credited to the individual and twenty-five percent (25%) credited to the
Catastrophic Leave Bank.
SECTION 16 - STATE DISABILITY INSURANCE (SDI)
AFSCME Local 512 45 of 98 2013-2016 MOU
Time donated will be converted to a dollar value and the dollar value will be converted back to sick
leave accruals at the recipient's base hourly rate when disbursed. Credits will not be on a straight
hour-for-hour basis. All computations will be on a standard one hundred seventy three and thirty three
hundredths (173.33) basis, except that employees on other than a forty (40) hour week will have
hours prorated according to their status.
Any recipient will be limited to a total of one thousand forty (1040) hours or its equivalent per
catastrophic event; each donor will be limited to one hundred twenty (120) hours per calendar year.
No element of this plan is grievable. All appeals from either a donor or recipient will be resolved on a
final basis by the Director of Human Resources.
No employee will have any entitlement to catastrophic leave benefits. The award of Catastrophic
Leave will be at the sole discretion of the committee, both as to amounts of benefits awarded and as
to persons awarded benefits. Benefits may be denied, or awarded for less than six (6) months. The
committee will be entitled to limit benefits in accordance with available contributions and to choose
from among eligible applicants, on an anonymous basis, those who will receive benefits, except for
hours donated to a specific employee. In the event a donation is made to a specific employee and the
committee determines the employee does not meet the Catastrophic Leave Bank criteria, the
donating employee may authorize the hours to be donated to the bank or returned to the donor’s
account. The donating employee will have fourteen (14) calendar days from notification to submit
his/her decision regarding the status of their donation, or the hours will be irrevocably transferred to
the Catastrophic Leave Bank.
Any unused hours transferred to a recipient will be returned to the Catastrophic Leave Bank.
SECTION 16 - STATE DISABILITY INSURANCE (SDI)
Effective July 1, 1994, the County will begin a six-month pilot program for employees eligible for State
Disability benefits. At the end of the six (6) month pilot program, the County will meet and confer to
evaluate whether the plan will be continued. Employees eligible for SDI benefits will be required to
make application for SDI benefits and to have those benefits integrated with the use of their sick
leave accruals on the following basis:
16.1 General Provisions. The California SDI program provides disability benefits beginning on the
eighth (8) calendar day of a qualifying disability unless the employee is hospitalized. Upon
hospitalization, benefits can be payable from the first day of the disability. If the disability exceeds
fourteen (14) calendar days, benefits can be payable from the first day of the disability. The maximum
period of State disability payments is up to one (1) year. Determination of SDI payments and eligibility
to receive payments is at the sole discretion of the State of California.
Integration means that employees will be required to use sick leave accruals to supplement the
difference between the amount of the SDI payment and the employee's base monthly salary.
Integration of sick leave with the SDI benefit is automatic and cannot be waived. Integration applies to
all SDI benefits paid. For employees off on SDI, the department will make appropriate integration
adjustments, including retroactive adjustments if necessary. Employees must inform their department
SECTION 16 - STATE DISABILITY INSURANCE (SDI)
AFSCME Local 512 46 of 98 2013-2016 MOU
of hospitalization in a timely manner in order for the department to make appropriate integration
adjustments.
State Disability benefit payments will be sent directly to the employees at their home address by the
State of California.
When there are insufficient sick leave accruals available to fully supplement the difference between
the SDI payment and the employee's base monthly salary, accruals other than sick leave may be
used. These accruals may be used only to the extent that total payments do not exceed the
employee's base monthly salary.
16.2 Procedures. Employees with more than 1.2 hours of sick leave accruals at the beginning of
the disability integration period must integrate their sick leave accrual usage with their SDI benefit to
the maximum extent possible.
When employees have 1.2 hours or less of sick leave accruals at the beginning of the disability
integration period, the department shall automatically use 0.1 hour of sick leave per month for the
duration of their SDI benefit.
When sick leave accruals are totally exhausted, integration with the SDI benefit terminates. An
employee may use any other accruals without reference to or integration with the SDI benefit.
When the SDI benefit is exhausted, sick leave integration terminates, then the employee may use
sick leave or other accruals.
Employees with no sick leave balance at the beginning of the disability integration period may use
any other accruals without reference to or integration with the SDI benefit.
Employees whose SDI claims are denied must present a copy of their claim denial to their
department. The department will then authorize use of unused sick leave and shall authorize the use
of other accruals as appropriate.
Employees may contact the Human Resources Department, Benefits Division, for assistance in
resolving problems.
16.3 Method of Integration. Until an employee has a balance of 1.2 hours of sick leave, the
employee's sick leave accrual charges while receiving SDI benefits shall be calculated each month.
The amount of sick leave charged each employee will be calculated in the following manner:
The percentage of base monthly salary not covered by the SDI benefit will be applied to the daily
hours in the employee's schedule and that number of sick leave hours will be charged against the
employee's sick leave accruals.
For purposes of integration with the SDI program, all full time employees' schedules will be converted
to 8-hour/5-day weekly work schedules during the period of integration.
The formula for full time employees' sick leave integration charges is shown below:
L = S-D) ¸ S] x 8
SECTION 17 - WORKERS' COMPENSATION
AFSCME Local 512 47 of 98 2013-2016 MOU
S = Employee Base Monthly Salary
H = Estimated Highest Quarter (3-mos) Earnings [H = S x 3]
W = Weekly SDI Benefit from State of California SDI
Weekly Benefit Table
C = Calendar Days in each Month
D = Estimated Monthly SDI Benefit [D = (W ¸ 7) x C]
L = Sick Leave Charged per Day
Permanent part-time, permanent-intermittent employees, and those full time employees working a
light/limited duty reduced schedule program shall have their sick leave integration adjusted
accordingly.
16.4 Definition. "Base Monthly Salary" for purposes of sick leave integration is defined as the
salary amount for the employee's step on the salary schedule for the employee's permanent
classification as shown in the "Salary" field on the On-Line Payroll Time Reporting System used by
departments for payroll reporting purposes.
16.5 Conversion to the New SDI Program. For all employees receiving SDI benefits prior to July
1, 1994, conversion to the new SDI program operated by departmental payroll staff will be
coordinated by the Human Resources Department, Benefits Division.
All employee SDI benefit checks received in the Human Resources Department and signed over to
the County by June 30, 1994, will be deposited and used to buy back the employee's sick leave, with
sick leave credits appearing on the July 10th pay warrants insofar as possible.
All Employee SDI benefit checks received, but not signed over to the County, by June 30, 1994, will
be returned to the employee. All employee SDI benefit checks received after June 30, 1994, will be
returned to the employee. In both these situations, no sick leave buy back will be made, regardless of
the calendar period to which the benefit checks pertain. Program transfer to departmental payroll staff
will be effective July 1, 1994 for the month of July with the first computation of SDI benefits and
integration with sick leave under the new program made on the August 10, 1994 pay warrants
covering the July 1994 payroll period.
SECTION 17 - WORKERS' COMPENSATION
A permanent non-safety employee shall continue to receive the appropriate percent of regular
monthly salary for all accepted claims filed before January 1, 2000. For all accepted claims filed with
the County on or after January 1, 2000, the percentage of pay for employees entitled to Workers’
Compensation shall be decreased from eighty-seven percent (87%) to eighty-six percent (86%). For
all accepted claims filed with the County on or after January 1, 2007, the percentage of regular
monthly salary for employees entitled to Workers’ Compensation shall be decreased from eighty-six
percent (86%) to eighty percent (80%). For all accepted claims filed with the County on or after
January 1, 2008, the percentage of regular monthly salary for employees entitled to Workers’
Compensation shall be decreased from eighty percent (80%) to seventy-five percent (75%). If
Workers’ Compensation becomes taxable, the County agrees to restore the original benefit level
(100% of monthly salary) and the parties shall meet and confer with respect to funding the increased
cost.
SECTION 17 - WORKERS' COMPENSATION
AFSCME Local 512 48 of 98 2013-2016 MOU
A. Waiting Period. There is a three (3) calendar day waiting period before Workers'
Compensation benefits commence. If the injured worker loses any time on the day of injury,
that day counts as day one (1) of the waiting period. If the injured worker does not lose time on
the date of injury, the waiting period will be the first three (3) calendar days the employee does
not work as a result of the injury. The time the employee is scheduled to work during this
waiting period will be charged to the employee's sick leave and/or vacation accruals. In order
to qualify for Workers' Compensation the employee must be under the care of a physician.
Temporary compensation is payable on the first three (3) days of disability when the injury
necessitates hospitalization, or when the disability exceeds fourteen (14) days.
B. Continuing Pay. Permanent employees shall continue to receive the appropriate percentage
as outlined above of their regular monthly salary during any period of compensable temporary
disability not to exceed one year. Payment of continuing pay and/or temporary disability
compensation shall be made in accordance with Part 2, Article 3 of the Workers’
Compensation Laws of California. "Compensable temporary disability absence" for the
purpose of this Section, is any absence due to work connected disability which qualifies for
temporary disability compensation under Workers' Compensation Law set forth in Part 2,
Article 3 of the Workers’ Compensation Laws of California.. When any disability becomes
medically permanent and stationary and/or maximum medical improvement, the salary
provided in this Section shall terminate. No charge shall be made against sick leave or
vacation for these salary payments. Sick leave and vacation rights shall not accrue for those
periods during which continuing pay is received.
The County contribution to the employee’s group medical plan shall continue during any period
of compensable temporary disability absence.
Employees shall be entitled to a maximum of one (1) year of continuing pay benefits for any
one (1) injury or illness.
C. Continuing pay begins at the same time that temporary Workers' Compensation benefits
commence and continues until either the member is declared medically permanent/stationary
and/or reaches maximum medical improvement, or until one (1) year of continuing pay,
whichever comes first, provided the employee remains in an active employed status.
Continuing pay is automatically terminated on the date an employee is separated from County
service by resignation, retirement, layoff, or the employee is no longer employed by the
County. In these instances, employees will be paid Workers’ Compensation benefits as
prescribed by Workers’ Compensation laws. All continuing pay will be cleared through the
County Administrator's Office, Risk Management Division.
Whenever an employee who has been injured on the job and has returned to work is required
by an attending physician to leave work for treatment during working hours the employee shall
be allowed time off up to three (3) hours for such treatment without loss of pay or benefits
provided the employee notifies his supervisor of the appointment at least three (3) working
days prior to the appointment or as soon as the employee aware the appointment has been
made. Said visits are to be scheduled contiguous to either the beginning or end of the
scheduled work day whenever possible. This provision applies only to injuries/illnesses that
have been accepted by the County as work related.
D. Applicable Pay Beyond One Year. If an injured employee remains eligible for temporary
disability beyond one (1) year, applicable salary will continue by integrating sick leave and/or
SECTION 18 - LEAVE OF ABSENCE
AFSCME Local 512 49 of 98 2013-2016 MOU
vacation accruals with Workers' Compensation benefits. If salary integration is no longer
available, Workers' Compensation benefits will be paid directly to the employee as prescribed
by Workers' Compensation laws.
E. Rehabilitation Integration. An injured employee who is eligible for Workers' Compensation
Rehabilitation Temporary Disability benefits and whose disability is medically permanent and
stationary and/or reaches maximum medical improvement, will continue to receive applicable
salary by integrating sick leave and/or vacation accruals with Workers' Compensation
Rehabilitation Temporary Disability benefits until those accruals are exhausted.
Thereafter, the Rehabilitation Temporary Disability benefits will be paid directly to the
employee.
F. Health Insurance. The County contribution to the employee's group insurance plan(s)
continues during the continuing pay period and during integration of sick leave or vacation with
Workers' Compensation benefits.
G. Method of Integration. An employee's sick leave and/or vacation charges shall be calculated
as follows:
C = 8 [1 - (W ¸ S)]
C = Sick leave or vacation charge per day (in hours)
W = Statutory Workers' Compensation for a month
S = Monthly salary
SECTION 18 - LEAVE OF ABSENCE
18.1 Leave Without Pay. Any employee who has permanent status may be granted a leave of
absence without pay upon written request, approved by the appointing authority; provided, however,
that leaves for pregnancy, pregnancy disability, serious health conditions, and family care shall be
granted in accordance with applicable State and Federal law.
18.2 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 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.
SECTION 18 - LEAVE OF ABSENCE
AFSCME Local 512 50 of 98 2013-2016 MOU
B. An employee must request family care leave 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 family care leave arises.
C. A leave without pay may be for a period not to exceed one (1) year, provided the appointing
authority may extend such leave for additional periods. The procedure in granting extensions
shall be the same as that in granting the original leave, provided that the request for extension
must be made not later than thirty (30) calendar days before the expiration of the original
leave.
D. Nevertheless, a leave of absence for the employee's serious health condition or for family care
(FMLA) shall be granted to an employee who so requests it for up to eighteen (18) weeks
during a “rolling” twelve (12) month period measured backward from the date the employee
uses his/her FMLA leave in accordance with Section 18.5 below.
E. Whenever an employee who has been granted a leave without pay desires to return before the
expiration of such leave, the employee shall submit a request to the appointing authority in
writing at least fifteen (15) days in advance of the proposed return. Early return is subject to
prior approval by the appointing authority. The Human Resources Department shall be notified
promptly of such return.
F. Except in the case of leave of absence due to family care, pregnancy, pregnancy disability,
illness, disability, or serious health condition, the decision of the appointing authority on
granting or denying leave or early return from leave shall be subject to appeal to the Human
Resources Director and not subject to appeal through the grievance procedure set forth in this
MOU.
18.3 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 5.8 - Compensation for Portion of Month of this MOU. Full time and part-time employees who
take furlough time shall have their vacation, sick leave, floating holiday, and any other payroll
computed accruals computed as though they had worked the furlough time. When computing
vacation sick leave, floating holiday, and other accrual credits for employees taking furlough time, this
provision shall supersede Section 13.4 – Vacation Accrual During Leave Without Pay, Section 14.2 –
Credits To and Charges Against Sick Leave, Section 14.6 – Sick Leave Accrual During Leave
Without Pay, and Section 18.1 – Leave Without Pay of this MOU regarding the computation of
vacation, sick leave, floating holiday, and other accrual credits as regards furlough time only. For
payroll purposes, furlough time (absence without pay with prior authorization of the appointing
authority) shall be reported separately from other absences without pay to the Auditor-Controller. The
existing Voluntary Time Off program shall be continued for the life of the contract.
18.4 Military Leave. Any employee who is ordered to serve as a member of the State Militia or the
United States Army, Navy, Air Force, Marine Corps, Coast Guard or any division thereof shall be
granted a military leave for the period of such service, plus ninety (90) days. Additionally, any
employee who volunteers for service during a mobilization under Executive Order of the President or
SECTION 18 - LEAVE OF ABSENCE
AFSCME Local 512 51 of 98 2013-2016 MOU
Congress of the United States and/or the State Governor in time of emergency, shall be granted a
leave of absence in accordance with applicable Federal or State 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.
18.5 Family Care Leave or Medical Leave. Upon request to the appointing authority, in a “rolling”
twelve (12) month period measured backward from the date the employee uses his/her FMLA leave,
any employee who has permanent status shall be entitled to at least eighteen (18) weeks leave (less
if so requested by the employee) for:
a. 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
b. 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.
18.6 Certification. 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.
18.7 Intermittent Use of Leave. The eighteen (18) week entitlement may be in broken periods,
intermittently on a regular or irregular basis, or may include reduced work schedules depending on
the specific circumstances and situations surrounding the request for leave. The eighteen (18) weeks
may include use of appropriate available paid leave accruals when accruals are used to maintain pay
status, but use of such accruals is not required beyond that specified in Section 18.12 below. When
paid leave accruals are used for a medical or family care leave, such time shall be counted as a part
of the eighteen (18) week entitlement.
18.8 Aggregate Use for Spouse. In the situation where husband and wife are both employed by
the County, the family care of medical leave entitlement based on the birth, adoption or foster care of
a child is limited to an aggregate for both employees together of eighteen (18) weeks during 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.
SECTION 18 - LEAVE OF ABSENCE
AFSCME Local 512 52 of 98 2013-2016 MOU
18.9 Definitions. For medical and family care leaves of absence under this section, the following
definitions apply:
a. 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.
b. Parent: A biological, foster, or adoptive parent, a step-parent, legal guardian, conservator, or
other person standing in loco parentis to a child.
c. Spouse: A partner in marriage as defined in California Civil Code Section 4100.
d. 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.
e. Serious Health Condition: An illness, injury, impairment, or physical or mental condition which
warrants the participation of a family member to provide care during a period of treatment or
supervision and 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) as defined by State and Federal law.
f. 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:
1. the date, if known, on which the serious health condition commenced;
2. the probable duration of the condition;
3. an estimate of the amount of time which the employee needs to render care or
supervision;
4. a statement that the serious health condition warrants the participation of a family
member to provide care during period of treatment or supervision;
5. if for intermittent leave or a reduced work schedule leave, the certification should
indicate that the intermittent leave or reduced leave schedule is necessary for the care
of the individual or will assist in their recovery, and its expected duration.
g. 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:
1. the date, if known, on which the serious health condition commenced;
2. the probable duration of the condition;
3. a statement that the employee is unable to perform the functions of the employee's job;
SECTION 18 - LEAVE OF ABSENCE
AFSCME Local 512 53 of 98 2013-2016 MOU
4. if for intermittent leave or a reduced work schedule leave, the certification should
indicate the medical necessity for the intermittent leave or reduced leave schedule and
its expected duration.
h. 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.
18.10 Pregnancy Disability Leave. Insofar as pregnancy disability leave is used under Section
14.3.D - Sick Leave Utilization for Pregnancy Disability, that time will not be considered a part of the
eighteen (18) week family care leave period.
18.11 Group Health Plan Coverage. Employees who were members of one of the group health
plans prior to commencement of their leave of absence can maintain their health plan coverage with
the County contribution by maintaining their employment in pay status as described in Section 18.12.
During the eighteen (18) weeks of an approved medical or family care leave under Section 18.5
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 18.12. 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.
18.12 Leave Without Pay - Use of Accruals.
A. All Leaves of Absence. During the first twelve (12) month period of any leave of absence
without pay, an employee may elect to maintain pay status each month by using available sick
leave (if so entitled under Section 14.3 - Policies Governing the Use of Paid 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 LTD Benefit Coordination or SDI/Sick Leave Integration
under Section 16 – State Disability Insurance or as provided in the sections below.
B. Family Care or Medical Leave. During the eighteen (18) weeks of an approved medical or
family care leave, if a portion of that leave will be on a leave of absence without pay, the
employee will be required to use at least 0.1 hour of sick leave (if so entitled under Section
14.3 - Policies Governing the Use of Paid 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. Leave of Absence/Long Term Disability (LTD) Benefit Coordination. An eligible employee who
files an LTD claim and concurrently takes a leave of absence without pay will be required to
use accruals as provided in Section B herein during the eighteen (18) week entitlement period
of a medical leave specified above. If an eligible employee continues beyond the eighteen (18)
weeks entitlement period on a concurrent leave of absence/LTD claim, the employee may
choose to maintain further pay status only as allowed under subsection A. herein.
SECTION 19 - JURY DUTY AND WITNESS DUTY
AFSCME Local 512 54 of 98 2013-2016 MOU
D. Sick leave accruals may not be used during any leave of absence, except as allowed under
Section 14.3 - Policies Governing the Use of Paid Sick Leave.
18.13 Leave of Absence Replacement and Reinstatement. Any permanent employee who
requests reinstatement to the classification held by the employee in the same department at the time
the employee was granted a leave of absence, shall be reinstated to a position in that classification
and department and then only on the basis of seniority. In case of severance from service by reason
of the reinstatement of a permanent employee, the provisions of Section 11 - Seniority, Workforce
Reduction, Layoff, & Reassignment Seniority shall apply.
18.14 Leave of Absence Return. In Department of Employment & Human Services an employee
shall have the right to return to the same class, building, and assignment (position control number) if
the return to work is within eighty-nine (89) consecutive days from the initial date the employee
started leave of absence. At such time the leave of absence is approved by the Appointing Authority,
the Department of Employment & Human Services shall notify the employee of the final date by which
he/she shall return to be assigned to the same position control number.
18.15 Reinstatement From Family Care Medical Leave. In the case of a family care or medical
leave, an employee on a 5/40 schedule shall be reinstated to the same or comparable position if the
return to work is after no more than ninety (90) work days of leave from the initial date of a continuous
leave, including use of accruals, or within the equivalent on an alternate work schedule. A full time
employee taking an intermittent or reduced work schedule leave shall be reinstated to the same or
comparable position if the return to work on a full schedule is after no more than seven hundred
twenty (720) hours, including use of accruals, of intermittent or reduced schedule leave. At the time
the original leave is approved, the appointing authority shall notify the employee in writing of the final
date to return to work, or the maximum number of hours of leave, in order to guarantee reinstatement
to the same or comparable position. An employee on a schedule other than 5/40 shall have the time
frame for reinstatement to the same or comparable position adjusted on a pro rata basis.
18.16 Salary Review While on Leave of Absence. The salary of an employee who is on leave of
absence from a County position on any anniversary date and who has not been absent from the
position on leave without pay more than six (6) months during the preceding year, shall be reviewed
on the anniversary date. Employees on military leave shall receive salary increments that may accrue
to them during the period of military leave.
18.17 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.
18.18 Non-Exclusivity. Other MOU language on this subject, not in conflict, shall remain in effect.
SECTION 19 - JURY DUTY AND WITNESS DUTY
19.1 Jury Duty. For purposes of this Section, jury duty shall be defined as any time an employee is
obligated to report to the court.
SECTION 19 - JURY DUTY AND WITNESS DUTY
AFSCME Local 512 55 of 98 2013-2016 MOU
When called for jury duty, County employees, like other citizens, are expected to discharge their jury
duty responsibilities.
Employees shall advise their department as soon as possible if scheduled to appear for jury duty.
If summoned for jury duty in a 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 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.
19.2 Witness Duty. Employees called upon as a witness or an expert witness in a case arising in
the course of their work or the work of another department may remain in their regular pay status and
turn over to the County all fees and expenses paid to them, other than mileage allowance, or they
may take vacation leave or leave without pay and retain all fees and expenses.
Employees called to serve as witnesses in private cases or personal matters (e.g., accident suits and
family relations) shall take vacation leave or leave without pay and retain all witness fees paid to
them.
Retention or waiver of fees shall be governed by the same provisions as apply to jury duty as set forth
in Section 19.1 of this MOU. Employees shall advise their department as soon as possible if
SECTION 20 - HEALTH, LIFE & DENTAL CARE
AFSCME Local 512 56 of 98 2013-2016 MOU
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 20 - HEALTH, LIFE & DENTAL CARE
20.1 Health Plan Coverages. The County will provide the medical and dental coverage for
permanent employees regularly scheduled to work twenty (20) or more hours per week and for their
eligible family members, expressed in one of the Health Plan contracts and one of the Dental Plan
contracts between the County and the following providers:
a. Contra Costa Health Plans (CCHP)
b. Kaiser Permanente Health Plan
c. Health Net
d. Delta Dental
e. DeltaCare (PMI)
Employee Co-pays for these plans are shown on Attachment B.
20.2 Monthly Premium Subsidy:
A. For each health and/or dental plan, the County’s monthly premium subsidy is a set dollar
amount and is not a percentage of the premium charged by the plan. The County will pay the
following monthly premium subsidy:
1. Contra Costa Health Plans (CCHP), Plan A
Single: $ 509.92
Family: $1,214.90
2. Contra Costa Health Plans (CCHP), Plan B
Single: $ 528.50
Family: $1,255.79
3. Kaiser Permanente Health Plan
Single: $ 478.91
Family: $1,115.84
4. Health Net HMO
Single: $ 627.79
Family: $1,540.02
5. Health Net PPO
Single: $ 604.60
Family: $1,436.25
6. Delta Dental with CCHP A or B
Single: $41.17
Family: $93.00
7. Delta Dental with Kaiser or Health Net
SECTION 20 - HEALTH, LIFE & DENTAL CARE
AFSCME Local 512 57 of 98 2013-2016 MOU
Single: $34.02
Family: $76.77
8. Delta Dental without a Health Plan
Single: $43.35
Family: $97.81
9. DeltaCare (PMI) with CCHP A or B
Single: $25.41
Family: $54.91
10. DeltaCare (PMI) with Kaiser or Health Net
Single: $21.31
Family: $46.05
11. DeltaCare (PMI) without a Health Plan
Single: $27.31
Family: $59.03
B. If the County contracts with a health and/or dental plan provider not listed above, the amount
of the premium subsidy that the County will pay to that health and/or dental plan provider for
employees and their eligible family members shall not exceed the amount of the premium
subsidy that the County would have paid to the former plan provider.
C. In the event that the County premium subsidy amounts are greater than one hundred percent
(100%) of the applicable premium of any health and/or dental plan, for any plan year, the
County’s contribution will not exceed one hundred percent (100%) of the applicable plan
premium.
20.3 Retirement Coverage:
A. Upon Retirement:
1. Upon retirement, eligible employees and their eligible family members may
remain in their County health/dental plan, but without County-paid life insurance
coverage, if immediately before their proposed retirement the employees and
dependents are either active subscribers to one of the County contracted
health/dental plans or if while on authorized leave of absence without pay, they
have retained continuous coverage during the leave period. The County will pay
the health/dental plan monthly premium subsidies set forth in Section 20.2 for
eligible retirees and their eligible family members.
2. Any person who becomes age 65 on or after January 1, 2010, and who is eligible
for Medicare must immediately enroll in Medicare Parts A and B.
3. For employees hired on or after January 1, 2010, and their eligible family
members, no monthly premium subsidy will be paid by the County for any health
and/or dental plan after they separate from County employment. However, any
such eligible employee who retires under the Contra Costa County Employees’
Retirement Association (“CCCERA”) may retain continuous coverage of a county
health or dental plan provided that (i) he or she begins to receive a monthly
SECTION 20 - HEALTH, LIFE & DENTAL CARE
AFSCME Local 512 58 of 98 2013-2016 MOU
retirement allowance from CCCERA within 120 days of separation from County
employment and (ii) he or she pays the full premium cost under the health and/or
dental plan without any County premium subsidy.
B. Employees Who File For Deferred Retirement: Employees, who resign and file for a
deferred retirement and their eligible family members, may continue in their County
group health and/or dental plan under the following conditions and limitations.
1. Health and dental coverage during the deferred retirement period is totally at the
expense of the employee, without any County contributions.
2. Life insurance coverage is not included.
3. To continue health and dental coverage, the employee must:
a. be qualified for a deferred retirement under the 1937 Retirement Act
provisions;
b. be an active member of a County group health and/or dental plan at the
time of filing their deferred retirement application and elect to continue plan
benefits;
c. be eligible for a monthly allowance from the Retirement System and direct
receipt of a monthly allowance within twenty-four (24) months of application
for deferred retirement; and
d. file an election to defer retirement and to continue health benefits hereunder
with the County Benefits Division within thirty (30) days before separation
from County service.
4. Deferred retirees who elect continued health benefits hereunder and their eligible
family members may maintain continuous membership in their County health
and/or dental plan group during the period of deferred retirement by paying the
full premium for health and dental coverage on or before the 10th of each month,
to the Contra Costa County Auditor-Controller. When the deferred retirees begin
to receive retirement benefits, they will qualify for the same health and/or dental
coverage pursuant to subsection A above, as similarly situated retirees who did
not defer retirement.
5. Deferred retirees may elect retiree health benefits hereunder without electing to
maintain participation in their County health and/or dental plan during their
deferred retirement period. When they begin to receive retirement benefits they
will qualify for the same health and/or dental coverage pursuant to subsection A,
above, as similarly situated retirees who did not defer retirement, provided
reinstatement to a County group health and/or dental plan will only occur
following a three (3) full calendar month waiting period after the month in which
their retirement allowance commences.
6. Employees who elect deferred retirement will not be eligible in any event for
County health and/or dental plan subvention unless the member draws a monthly
retirement allowance within twenty-four (24) months after separation from County
service.
SECTION 20 - HEALTH, LIFE & DENTAL CARE
AFSCME Local 512 59 of 98 2013-2016 MOU
7. Deferred retirees and their eligible family members are required to meet the
same eligibility provisions for retiree health/dental coverage, as similarly situated
retirees who did not defer retirement.
C. Employees Hired After December 31, 2006. - Eligibility for Retiree Health Coverage: All
employees hired after December 31, 2006 are eligible for retiree health/dental coverage
pursuant to subsections A and B, above, upon completion of fifteen (15) years of
service as an employee of Contra Costa County. For purposes of retiree health
eligibility, one year of service is defined as one thousand (1,000) hours worked within
one anniversary year. The existing method of crediting service while an employee is on
an approved leave of absence will continue for the duration of this Agreement.
D. Subject to the provisions of Section 20.3 subparts A, B, and C and upon retirement and
for the term of this agreement, the following employees (and their eligible family
members) are eligible to receive a monthly premium subsidy for health and/or dental
plans or are eligible to retain continuous coverage of such plans: employees, and each
employee who retires from a position or classification that was represented by this
bargaining unit at the time of his or her retirement.
E. For purposes of this Section 20.3 only, “eligible family members” does not include
Survivors of employees or retirees.
20.4 Health Plan Coverages and Provisions: The following provisions are applicable regarding
County Health and Dental Plan participation:
A. Health, Dental and Life Participation by Other Employees: Permanent part-time
employees working nineteen (19) hours per week or less may participate in the County
Health and/or Dental plans (with the associated life insurance benefit) at the employee’s
full expense.
B. Coverage Upon Separation: An employee who separates from County employment is
covered by his/her County health and/or dental plan through the last day of the month in
which he/she separates. Employees who separate from County employment may
continue group health and/or dental plan coverage to the extent provided by the
Consolidated Omnibus Budget Reconciliation Act (COBRA) laws and regulations.
20.5 Family Member Eligibility Criteria: The following persons may be enrolled as the eligible
Family Members of a medical and/or dental plan Subscriber:
A. Health Insurance
1. Eligible Dependents:
a. Employee’s Legal Spouse
b. Employee’s qualified domestic partner
c. Employee’s child to age 26
d. Employee’s Disabled Child who is:
(1) over age 26,
i. Unmarried; and,
SECTION 20 - HEALTH, LIFE & DENTAL CARE
AFSCME Local 512 60 of 98 2013-2016 MOU
ii. Incapable of sustaining employment due to a physical or mental
disability that existed prior to the child’s attainment of age 19.
2. “Employee’s child” includes natural child, child of a qualified domestic partner, step-
child, adopted child and a child specified in a Qualified Medical Child Support Order
(QMCSO) or similar court order.
B. Dental Insurance
1. Eligible Dependents:
a. Employee’s Legal Spouse
b. Employee’s qualified domestic partner
c. Employee’s unmarried child who is:
(1) Under age 19; or
(2) Age 19, or above, but under age 24; and,
i. Resides with the Employee for more than 50% of the year
excluding time living at school; and,
ii. Receives at least 50% of support from Employee; and,
iii. Is enrolled and attends school on a full-time basis, as defined by
the school.
d. Employee’s Disabled Child who is:
(1) Over age 19,
i. Unmarried; and,
ii. Incapable of sustaining employment due to a physical or mental
disability that existed prior to the child’s attainment of age 19.
2. “Employee’s child” includes natural child, child of a qualified domestic partner, step-
child, adopted child and a child specified in a Qualified Medical Child Support Order
(QMCSO) or similar court order.
20.6 Dual Coverage.
A. Each employee and retiree may be covered only by a single County health (and/or
dental) plan, including a CalPERS plan. For example, a County employee may be
covered under a single County health and/or dental plan as either the primary insured or
the dependent of another County employee or retiree, but not as both the primary
insured and the dependent of another County employee or retiree.
B. All dependents, as defined in Section 20.5, Family Member Eligibility Criteria, may be
covered by the health and/or dental plan of only one spouse or one domestic partner.
For example, when both husband and wife are County employees, all of their eligible
children may be covered as dependents of either the husband or the wife, but not both.
C. For purposes of this Section 20.6 only, “County” includes the County of Contra Costa
and all special districts governed by the Board of Supervisors, including, but not limited
to, the Contra Costa County Fire Protection District.
SECTION 20 - HEALTH, LIFE & DENTAL CARE
AFSCME Local 512 61 of 98 2013-2016 MOU
20.7 Life Insurance Benefit Under Health and Dental Plans. For employees who are enrolled in
the County’s program of medical or dental coverage as either the primary or the dependent, term life
insurance in the amount of ten thousand dollars ($10,000) will be provided by the County.
20.8 Supplemental Life Insurance. In addition to the life insurance benefits provided by this
agreement, employees may subscribe voluntarily and at their own expense for supplemental life
insurance. Employees may subscribe for an amount not to exceed five hundred thousand dollars
($500,000), of which one hundred thousand ($100,000) is a guaranteed issue, provided the election
is made within the required enrollment periods.
20.9 Health Care Spending Account. After six (6) months of permanent employment, full time
and part time (20/40 or greater) employees may elect 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 predetermined amount of money from their pay, not to exceed the maximum amount
authorized by federal law, per calendar year, of before tax dollars, for health care expenses not
reimbursed by any other health benefit plans. HCSA dollars may be expended on any eligible medical
expenses allowed by Internal Revenue Code Section 125. Any unused balance is forfeited and
cannot be recovered by the employee
20.10 PERS Long-Term Care. The County will deduct and remit monthly premiums to the PERS
Long-Term Care Administrator for employees who are eligible and voluntarily elect to purchase long-
term care at their personal expense through the PERS Long-Term Care Program.
20.11 Dependent Care Assistance Program. The County offers the option of enrolling in a
Dependent Care Assistance Program (DCAP) designed to qualify for tax savings under Section 129
of the Internal Revenue Code, but such savings are not guaranteed. The program allows employees
to set aside 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.
20.12 Premium Conversion Plan. The County offers the Premium Conversion Plan (PCP)
designed to qualify for tax savings under Section 125 of the Internal Revenue Code, but tax savings
are not guaranteed. The program allows employees to use pre-tax dollars to pay health and dental
premiums.
20.13 Prevailing Section. To the extent that any provision of this Section (Section 20 Health, Life &
Dental Care) is inconsistent with any provision of any other County enactment or policy, including but
not limited to Administrative Bulletins, the Salary Regulations, the Personnel Management
Regulations, or any other agreement or order of the Board of Supervisors, the provision(s) of this
Section (Section 20 - Health, Life & Dental Care) will prevail.
20.14 Rate Information. The County Benefits Division will make health and dental plan rate
information available upon request to employees and departments. In addition, the County Benefits
Division will publish and distribute to employees and departments information about rate changes as
they occur during the year.
20.15 Partial Month. The County's contribution to the health plan premium is payable for any month
in which the employee is paid. If an employee is not paid enough compensation in a month to pay the
SECTION 21 - PROBATIONARY PERIOD
AFSCME Local 512 62 of 98 2013-2016 MOU
employee share of the premium, the employee must make up the difference by remitting the amount
delinquent to the Auditor-Controller. The responsibility for this payment rests with the employee. If
payment is not made, the employee shall be dropped from the health plan.
20.16 Coverage During Absences.
Employees shall be allowed to maintain their health plan coverage at the County group rate for twelve
(12) months if on approved leave of absence provided that the employee shall pay the entire premium
(i.e. both employer and employee share) for the health plan during said leave. Said payment shall be
made by the employee at a time and place specified by the County. Late payment shall result in
cancellation of health plan coverage.
An employee on leave in excess of twelve (12) months may continue group coverage subject to the
provisions of the Consolidated Omnibus Budget Reconciliation Act (COBRA) provided the employee
pays the entire cost of coverage, plus any administrative fees, for the option selected. The entire cost
of coverage shall be paid at a place and time specified by the County. Late payment may result in
cancellation of health plan coverage with no reinstatement allowed.
20.17 Health Plan Re-Opener. This agreement will open on April 1, 2015, for the limited purpose of
bargaining over Section 20 - Health, Life & Dental Care, to explore changes effective in the 2016 Plan
year.
The County is committed to evaluating alternative approaches to sharing health care premiums for
the 2016 Plan year, taking into consideration any effect on its budget.
During the reopener, the County will not propose reducing the current dollar amount of the County’s
premium subsidy for health plans and will not unilaterally impose a reduction in the current dollar
amount of the County’s health plan premium subsidy for the 2016 Plan year.
In the event the parties fail to reach an agreement by January 1, 2016, and not withstanding Section
26.7 - Strike/Work Stoppage, the Union reserves the right to strike with respect to the subject of the
reopener.
SECTION 21 - PROBATIONARY PERIOD
21.1 Duration. All appointments from officially promulgated employment lists for original entrance
and promotion shall be subject to a probationary period. For original entrance appointments, the
probationary period shall be from nine (9) months to one (1) year duration.
21.2 Probation Periods Over Six (6)/Nine (9) Months. Classes represented by the Union which
have probation periods in excess of nine (9) months for original entrance appointments and six (6)
months for promotional appointments:
Appraiser Aide - One (1) year
Junior Appraiser - One (1) year
21.3 Revised Probation 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.
SECTION 21 - PROBATIONARY PERIOD
AFSCME Local 512 63 of 98 2013-2016 MOU
21.4 Criteria. The probationary period shall date from the time of appointment to a permanent
position after certification from an eligible list. It shall not include time served under provisional
appointment or under appointment to limited term positions or any period of continuous leave of
absence without pay or period of work connected disability exceeding fifteen (15) calendar days.
For those employees appointed to permanent-intermittent positions with a nine (9) month probation
period, probation will be considered completed upon serving fifteen hundred (1500) hours after
appointment except that in no instance will this period be less than nine (9) 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.
21.5 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 or 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 in 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.
21.6 Regular Appointment. The regular appointment of a probationary employee will begin on the
day following the end of the probationary period. 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, except as provided in Section 21.5.A. The appointing authority
shall attempt to give a probationary employee five (5) days notice of said rejection.
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.
SECTION 22 - PROMOTION
AFSCME Local 512 64 of 98 2013-2016 MOU
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.
21.7 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.
21.8 Rejection During Probation of Layoff Employee. An employee who has achieved
permanent status in the class before layoff and who subsequently is appointed from the layoff list and
then rejected during the probation period shall be automatically restored to the layoff list, unless
discharged for cause, if the person is within the period of layoff eligibility. The employee shall begin a
new probation period if subsequently certified and appointed in a different department or classification
than that from which the employee was laid off.
SECTION 22 - PROMOTION
22.1 Competitive Examination. Promotion shall be by competitive examination unless otherwise
provided in this MOU.
22.2 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.
22.3 Open Exams. If an examination for one of the classes represented by the Union 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 Union to discuss
the reasons for such open announcement.
22.4 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.
SECTION 23 - TRANSFER
AFSCME Local 512 65 of 98 2013-2016 MOU
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 Union approves such action.
The appropriate rules regarding probationary status and salary on promotion are applicable.
22.5 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.
22.6 Seniority Credits. Employees who have qualified to take promotional examinations and who
have earned a total score, not including seniority credits, of seventy percent (70%) or more, shall
receive, in addition to all other credits, five one-hundredths of one percent (.05%) for each completed
month of service as a permanent County employee continuously preceding the final date for filing
application for said 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.
22.7 Denial Review. If the department denies an employee's request for reclassification, upon
request of the Union, the denial will be reviewed by the Human Resources Director and appointing
authority and the reasons for denial given to the Union in writing.
22.8 Release Time For Examinations. Permanent employees shall be granted release time from
work without loss of pay to take County promotional examinations or take interviews for a County
promotional position provided the employee gives the Department sufficient notice of the need for
time off.
SECTION 23 - TRANSFER
23.1 Transfer 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;
SECTION 23 - TRANSFER
AFSCME Local 512 66 of 98 2013-2016 MOU
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.
23.2 Transfer Policy. 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 or 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.
23.3. Transfer Procedure. The County will provide the Union with a list of administrative/personnel
officers of each County department. It is the responsibility of employees to contact County
departments and inform them of their desire to transfer. Employees who transfer from one
department to another shall serve a three (3) month probationary period. Provisions of this section do
not apply to transfers from eligible lists.
The Human Resources Director will send a list of employees interested in a transfer to all
departments with each certification (referral) from an employment list for a vacant position. The
appointing authority may contact the employees interested in a transfer and may choose to interview
them in relation to the vacancy. The decision of the appointing authority is final. Upon receipt of the
proper documents and in accordance with Sections 23.1 and 23.2, employees will be eligible for
transfer upon receipt of approval of the Director of Human Resources. Nothing in this section limits
the ability of individuals to express their interest in a transfer without having first made a transfer
application or restricts an appointing authority from making a transfer appointment of such an
individual.
23.4 Transfer List. The Human Resources Director will send to all departments an updated
transfer list on a monthly basis.
23.5 Reassignment of Work Location. Employees desirous of reassignment to a position in the
same classification at another work location shall submit a request for reassignment in writing to the
Department Head. When openings occur in various work locations, requests for reassignment will be
reviewed with consideration given to various factors including but not limited to distance of
employee's residence from desired work location and relative length of service of the applicants for a
particular location. The Department Head or designated representative shall make the sole
determination as to assignment of personnel, except as otherwise provided in the supplemental
sections of this MOU. This provision applies to intradepartmental reassignments only. In no event
shall reassignments be utilized for disciplinary purposes.
SECTION 24 - RESIGNATIONS
AFSCME Local 512 67 of 98 2013-2016 MOU
SECTION 24 - RESIGNATIONS
An employee's voluntary termination of service is a resignation. Written resignations shall be
forwarded to the Human Resources Department by the appointing authority immediately on receipt,
and shall indicate the effective date of termination. Oral resignation shall be immediately confirmed by
the appointing authority in writing to the employee and to the Human Resources Department and
shall indicate the effective date of termination.
24.1 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.
24.2 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 working 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.
c. The letter to the employee will include a document that gives the employee the option of
authorizing the County to provide his/her union with a copy of the constructive resignation
letter. If the employee signs the authorization document and returns it to the appointing
authority, the appointing authority will thereafter, within one work day, provide a copy of the
constructive resignation letter to the employee’s union, as authorized.
24.3 Effective Resignation. A resignation is effective when delivered or spoken to the appointing
authority, operative either on that date or another date specified.
24.4 Revocation. A resignation that is effective is revocable only by written concurrence of the
employee and the appointing authority.
24.5 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
SECTION 25 - DISMISSAL, SUSPENSION, TEMPORARY REDUCTION IN PAY, AND DEMOTION
AFSCME Local 512 68 of 98 2013-2016 MOU
to the Merit Board in favor of the employee's appeal rights under the grievance procedure
contained in Section 26 of the MOU beginning with Step 3.
D. Disposition. If a final decision is rendered that determines that the resignation was coerced,
the resignation shall be deemed revoked and the employee returned to duty effective on the
day following the decision but without loss of seniority or pay, subject to the employee's duty to
mitigate damages.
24.6 Eligibility for Reemployment. Within one (1) year of resignation in good standing from
County service, a person who has had permanent status which included satisfactory completion of
probation may make application by letter to the Director of Human Resources for placement on a
reemployment list as follows: the class from which the person resigned; or any one class of equal or
lesser rank in the occupational series and in which the person had previously attained permanent
status; or for any class or deep class which has replaced the class in which the person previously had
status, provided that the person meets the minimum requirements for the new class. If the appointing
authority of the department from which the person resigned recommends reemployment, the Director
of Human Resources shall grant reemployment privileges to the person. Consideration of names
from a reemployment list is mandatory if the appointing authority recommended reemployment of the
individual(s) listed but is optional for other appointing authorities. Names may be removed from
reemployment lists in accordance with the provisions of Section 11.2.J of this MOU.
SECTION 25 - DISMISSAL, SUSPENSION, TEMPORARY REDUCTION IN PAY, AND DEMOTION
25.1 Sufficient Cause for Action. The appointing authority may dismiss, suspend, temporarily
reduce the pay of, or demote any employee for cause. A temporary reduction in pay will not exceed
five percent (5%) of base pay for a period of three (3) months. The following are sufficient causes for
such action; the list is indicative rather than inclusive of restrictions, and dismissal, suspension,
temporary reduction in pay, or demotion may be based on reasons other than those specifically
mentioned:
a. absence without leave,
b. conviction of any criminal act involving moral turpitude,
c. conduct tending to bring the merit system into disrepute,
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,
SECTION 25 - DISMISSAL, SUSPENSION, TEMPORARY REDUCTION IN PAY, AND DEMOTION
AFSCME Local 512 69 of 98 2013-2016 MOU
j. violation of any lawful or reasonable regulation or order given by a supervisor or Department
Head,
k. willful violation of any of the provisions of the merit system ordinance or Personnel
Management Regulations,
l. material and intentional misrepresentation or concealment of any fact in connection with
obtaining employment,
m. misappropriation of County funds or property,
n. unreasonable failure or refusal to undergo any physical, medical and/or psychiatric exam
and/or treatment authorized by this MOU,
o. dishonesty or theft,
p. excessive or unexcused absenteeism and/or tardiness.
q. sexual harassment, including but not limited to unwelcome sexual advances, requests for
sexual favors, and other verbal, or physical conduct of a sexual nature, when such conduct
has the purpose or effect of affecting employment decisions concerning an individual, or
unreasonably interfering with an individual's work performance, or creating an intimidating and
hostile working environment.
25.2 Skelly Requirements. Notice of Proposed Action (Skelly Notice). Before taking a disciplinary
action to dismiss, suspend for more than three (3) work days, temporarily reduce the pay of, or demote an
employee, the appointing authority shall cause to be served personally or by certified mail, on the employee, a
Notice of Proposed Action, which shall contain the following:
a. A statement of the action proposed to be taken.
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.
In addition to the Notice of Proposed Action, the appointing authority will serve the employee with a
document that gives the employee the option of authorizing the County to provide his/her union with a
copy of the Notice of Proposed Action. If the employee signs the authorization document and returns
it to the appointing authority, the appointing authority will thereafter, within one work day, provide a
copy of the employee’s Notice of Proposed Action to his/her union, as authorized.
SECTION 25 - DISMISSAL, SUSPENSION, TEMPORARY REDUCTION IN PAY, AND DEMOTION
AFSCME Local 512 70 of 98 2013-2016 MOU
In addition to the Order and Notice, the appointing authority will serve the employee with a document
that gives the employee the option of authorizing the County to provide his/her union with a copy of
the Order and Notice. If the employee signs the authorization document and returns it to the
appointing authority, the appointing authority will thereafter, within one work day, provide a copy of
the employee’s Order and Notice to his/her union, as authorized.
25.3 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.
25.4 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.
25.5 Length of Suspension. Suspensions without pay shall not exceed thirty (30) days unless
ordered by an arbitrator, an adjustment board or the Merit Board.
25.6 Procedure on Dismissal, Suspension, Temporary Reduction in Pay, or Disciplinary
Demotion.
A. In any disciplinary action to dismiss, suspend, temporarily reduce the pay of, or demote an
employee having permanent status in a position in the merit system, after having complied with
the Skelly requirements where applicable, the appointing authority shall make an order in
writing stating specifically the causes for the action.
B. Service of Order. Said order of dismissal, suspension, temporary reduction in pay, or
demotion shall be filed with the Director of Human Resources, showing by whom and the date
a copy was served upon the employee to be dismissed, suspended, temporary reduction in
pay, or demoted, either personally or by certified mail to the employee's last known mailing
address. The order shall be effective either upon personal service or deposit in the U. S. Postal
Service.
C. Employee Appeals from Order. The employee may appeal an order of dismissal, suspension,
temporary reduction in pay, or demotion either to the Merit Board or through the procedures of
Section 26 - 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 26 of this
MOU.
25.7 Weingarten Rights. The County recognizes an employee’s right to representation during an
investigatory interview or meeting that may result in discipline. The County shall not interfere with the
representative’s right to assist an employee to clarify the facts during the interview. If the employee
requests a union representative, the investigatory interview shall be temporarily recessed for a
reasonable period of time until a union representative can be present. For those interviews, which by
nature of the incident must take place immediately, the union will take reasonable steps to make a
union representative immediately available.
SECTION 26 - GRIEVANCE PROCEDURE
AFSCME Local 512 71 of 98 2013-2016 MOU
The employer shall inform the employee of the general nature of the investigation at the time the
employer directs the employee to be interviewed.
SECTION 26 - GRIEVANCE PROCEDURE
26.1 Definition and Procedural Steps. A grievance is any dispute which involves the
interpretation or application of any provision of this MOU excluding, however, those provisions of this
MOU which specifically provide that the decision of any County official shall be final, the interpretation
or application of those provisions not being subject to the grievance procedure. The Union may
represent the grievant at any stage of the process. Grievances must be filed within thirty (30)
calendar days of the incident or occurrence about which the grievant claims to have a grievance and
shall be processed in the following manner:
Step 1. Any employee or group of employees who believes that a provision of this MOU has been
misinterpreted or misapplied to his or her detriment shall discuss the complaint with the grievant's
immediate supervisor or designee, who shall meet with the grievant within five (5) work days of
receipt of a written request to hold such meeting. Grievances challenging suspensions, reductions in
pay, demotions and terminations may be filed at Step 3 within the time frame set forth above.
Step 2. If a grievance is not satisfactorily resolved in Step 1 above, the grievant may submit the
grievance in writing within ten (10) work days to such management official as the Department Head
may designate. This formal written grievance shall state which provision of the MOU has been
misinterpreted or misapplied, how misapplication or misinterpretation has affected the grievant to the
grievant's detriment, and the redress the grievant seeks. A copy of each written communication on a
grievance shall be filed with the Director of Human Resources. The Department Head or his or her
designee shall have ten (10) work days in which to respond to the grievance in writing.
Step 3. If a grievance is not satisfactorily resolved in Step 2 above, the Union may appeal in writing
within ten (10) work days to the Director of Human Resources. The Director of Human Resources or
his/her designee shall have twenty (20) work days in which to investigate the merits of the complaint
and to meet together at the same time with the Department Head or his/her designee, the grievant,
and the Union. For grievances involving interpretation of this MOU, the Director of Human Resources
or his/her designee will decide the grievance on its merits and provide the grievant, the Union, and
the Department with a written decision within twenty (20) workdays of the date of the Step 3 Meeting,
unless more time is granted by mutual agreement.
For grievances involving appeals from disciplinary action, the Director of Human Resources or
designee will attempt to resolve the grievance. In the event that the grievance is not settled, the
Director of Human Resources or designee will provide written notice of that fact to the grievant, the
Union, and the Department within twenty (20) workdays of the date of the Step 3 meeting, unless
more time is granted by mutual agreement.
Step 4 Mediation. Grievances regarding discipline involving suspensions, demotion, or reduction in
pay will proceed directly to Step 5 – Expedited Board of Adjustment, at the request of the Union. No
grievance may be processed under this Section which has not first been filed and investigated in
accordance with Step 3. If the parties are unable to reach a mutually satisfactory accord on any
grievance that is presented at Step 3, the Union may appeal the grievance and request mediation in
writing to the Director of Human Resources or designee within ten (10) work days of the date of the
SECTION 26 - GRIEVANCE PROCEDURE
AFSCME Local 512 72 of 98 2013-2016 MOU
written response at Step 3.
This step of the grievance procedure may be waived by the written mutual agreement of the parties.
Step 5 Arbitration. If the parties are unable to reach a resolution of the grievance at Step 4, either
the Union or the County, whichever is the moving party, may require that the grievance, except those
referred to in Section 26.2 below, be referred to an impartial arbitrator who shall be designated by
mutual agreement between the Union and the Human Resources Director. Such request shall be
submitted within twenty (20) work days of the completion of mediation at Step 4. Within twenty (20)
work days of the request for arbitration, the parties shall mutually select an arbitrator who shall render
a decision within thirty (30) work days from the date of final submission of the grievance including
receipt of the court reporter's transcript and post-hearing briefs, if any. The fees and expenses of the
arbitrator and of the court reporter shall be shared equally by the Union and the County. Each party,
however, shall bear the costs of its own presentation, including preparation and post hearing briefs, if
any.
26.2 Step 5. Expedited Board of Adjustment. If the County and the filing Union are
unable to reach a mutually satisfactory accord on any grievance of discipline involving suspension,
demotion, or reduction in pay that arises and is presented during the term of this MOU, such
grievance may be submitted to the Expedited Board of Adjustment (EBA) in writing in accordance
with the procedures below. No grievance may be processed under this Section that has not first been
filed and processed in accordance with Step 3 of the Grievance Procedure and delivered to the
Director of Human Resources within ten (10) work days of the date of the Step 3 written response by
the Director of Human Resources or his/her designee or within twenty (20) work days of completion of
mediation at Step 4 if Step 4 is not waived. By agreement of the Union and the Director of Human
Resources or his/her designee, grievances concerning contract interpretation may also be presented
to the EBA. All grievances submitted to the EBA will be resolved in accordance with the following
procedures:
Expedited Board of Adjustment (EBA)
A. The EBA will be composed of two (2) Union representatives, (no more than two (2) of
whom may be an employee of the County), two (2) management members named by the
County, and an impartial arbitrator. The Union and the County will each appoint three (3)
alternates who will serve as voting members of the Board if a member(s) is/are not
available. Each Board member will serve for a twelve (12) month term except that one
member and one alternate initially appointed by each side will serve a six (6) month term so
that Board member terms are staggered.
B. The County and the Union (hereafter “parties”) will choose an impartial arbitrator to serve
as the fifth (5th) member of the EBA and serve as a tie-breaker when the EBA is
deadlocked. The parties will select the arbitrator by forwarding a list of individuals
acceptable to a party to the other party. The parties will continue this process until an
impartial arbitrator is selected. The arbitrator will serve a one (1) year term, or longer as
agreed to by the parties in writing. However, the Arbitrator may be replaced at any time by
agreement between the parties. The arbitrator will render an immediate decision if the
Board is deadlocked. All decisions rendered by the EBA are final and binding upon the
Employer, the Union, and the employee, to the extent provided by law.
SECTION 26 - GRIEVANCE PROCEDURE
AFSCME Local 512 73 of 98 2013-2016 MOU
C. Decisions rendered by the EBA must be within the scope of, and may not vary from, the
express written terms of this Memorandum of Understanding.
D. The Union filing the grievance and the County will each pay one-half (1/2) of the arbitrator’s
fees and costs. If a majority of the EBA approves the services of a court reporter and/or
other special services, the Union and the County will each pay one-half (1/2) of such
expenses.
Procedures
A. The EBA will convene on the fourth (4th) Wednesday of each month unless otherwise
scheduled by mutual agreement.
B. The EBA will develop and adopt written rules of procedure to govern the conduct of
hearings by a majority vote.
C. Unless the EBA agrees otherwise by majority action, it will remain in session until all
grievances on the agenda have been heard.
D. All grievances that are received by the Director of Human Resources at least ten (10)
working days prior to the next scheduled session of the EBA will be placed on the agenda
for the next regular meeting. By majority vote, the EBA may, upon request of the Union or
the County, waive this provision.
E. Upon the request of the Union filling the grievance or the County, a continuance of a
grievance will be granted until the next session.
F. Licensed Attorneys will not participate as Board members, advocates, or advisors in Board
hearings, unless the attorney is also a union business agent or Human Resources staff.
G. Meetings will be convened at a central location agreed to by the Unions and the County.
H. Materials to be presented at the EBA will not be shared with the Board members in
advance of convening the Board.
26.3 Scope of Arbitration Decisions, and Expedited Board of Adjustment.
A. Decisions of arbitrators, and the Expedited Board of Adjustment, on matters properly before
them, are final and binding on the parties hereto, to the extent permitted by law.
B. No arbitrator or Expedited Board of Adjustment may entertain, hear, decide or make
recommendations on any dispute unless such dispute involves a position in a unit
represented by the Union which has been certified as the recognized employee
organization for such unit and unless such dispute falls within the definition of a grievance
as set forth in Subsection 26.1 above.
C. Proposals to add to or change this MOU or to change written agreements supplementary
hereto shall not be arbitrable and no proposal to modify, amend, or terminate this MOU, nor
any matter or subject arising out of or in connection with such proposals, may be referred to
SECTION 26 - GRIEVANCE PROCEDURE
AFSCME Local 512 74 of 98 2013-2016 MOU
arbitration under this Section. No arbitrator or Expedited Board of Adjustment has the
power to amend or modify this MOU or written agreements supplementary hereto or to
establish any new terms or conditions of employment.
D. If the Human Resources Director, pursuant to the procedures outlined in Step 3 above or
Step 4 above resolves a grievance which involves suspension or discharge, he/she may
agree to payment for lost time or to reinstatement with or without payment for lost time.
E. No change in this MOU or interpretations thereof (except interpretations resulting from
arbitration or Expedited Board of Adjustment proceedings hereunder) will be recognized
unless agreed to by the County and the Union.
26.4 Time Limits. The time limits specified above may be waived by mutual agreement of the
parties to the grievance. If the County fails to meet the time limits specified in Steps 1 through 3
above, the grievance will automatically move to the next step. If a grievant fails to meet the time
limits specified in Steps 1 through 5 above, the grievance will be deemed to have been settled and
withdrawn.
26.5 Union Notification. An official, with whom a formal grievance is filed by a grievant who is
included in a unit represented by the Union in the grievance, shall give the Union a copy of the
grievance.
26.6 Compensation Complaints. All complaints involving or concerning the payment of
compensation shall be initially filed in writing with the Human Resources Director. Only complaints
which allege that employees are not being compensated in accordance with the provisions of this
MOU shall be considered as grievances. Any other matters of compensation are to be resolved in the
meeting and conferring process, if not detailed in the MOU which results from such meeting and
conferring process shall be deemed withdrawn until the meeting and conferring process is next
opened for such discussion. No adjustment shall be retroactive for more than six (6) months from the
date upon which the complaint was filed.
26.7 Strike/Work Stoppage. During the term of this MOU, the Union, its members and
representatives, agree that it and they will not engage in, authorize, sanction, or support any strike,
slowdown, stoppage of work, sickout, or refusal to perform customary duties.
In the case of a legally declared lawful strike against a private or public sector employer which has
been sanctioned and approved by the labor body or council having jurisdiction, an employee who is in
danger of physical harm shall not be required to cross the picket line, provided the employee advises
his or her supervisor as soon as possible, and provided further that an employee may be required to
cross a picket line where the performance of his or her duties is of an emergency nature and/or failure
to perform such duties might cause or aggravate a danger to public health or safety.
26.8 Merit Board.
A. All grievances of employees in representation units represented by the Union shall be
processed under Section 26 unless the employee elects to apply to the Merit Board on
matters within its jurisdiction.
B. No action under Steps 3, 4, and 5 of Subsection 26.1 above shall be taken if action on the
SECTION 27 - BILINGUAL PAY
AFSCME Local 512 75 of 98 2013-2016 MOU
complaint or grievance has been taken by the Merit Board, or if the complaint or grievance
is pending before the Merit Board.
26.9 Filing by Union. The Union 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.
26.10 Disputes Over Existence of Grievance. Disputes over whether a grievance exists as
defined in Section 26.1 shall be resolved through the grievance procedure.
26.11 Disqualification From Taking an Exam. If disqualified from taking an examination, an
employee may utilize the appeal process specified in the Personnel Management Regulations for
employees disqualified from taking an examination.
SECTION 27 - BILINGUAL PAY
A salary differential of eighty dollars ($80.00) per month shall be paid incumbents of positions
requiring bilingual proficiency as designated by the appointing authority and Director of Human
Resources. Said differential shall be paid to eligible employees in paid status for any portion of a
given month. Designation of positions for which bilingual proficiency is required is the sole prerogative
of the County. Employees shall not be required to translate without pay except in emergency
situations.
Effective January 1, 2007, the current program differential shall be increased to a total of one-
hundred dollars ($100.00) per month.
SECTION 28 – RETIREMENT CONTRIBUTION
28.1 Contribution. Effective on January 1, 2012, all 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 (CCCERA) without the County paying any part of the employees’ contribution. All
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. Except as provided in section 28.3 (Safety Employees
Retirement) subsection A, the County is responsible for one hundred percent (100%) of the
employer’s retirement contributions determined annually by the Board of Retirement.
28.2 Retirement Benefit - Non-Safety Employees Who Become New Members of CCCERA
on or After January 1, 2013.
A. For non-safety employees who, under the California Public Employees Pension Reform Act
(PEPRA), become New Members of CCCERA on or after January 1, 2013, retirement
benefits are governed by PEPRA (Chapters 296, 297, Statutes of 2012). To the extent this
Agreement conflicts with any provision of PEPRA, PEPRA governs.
B. For employees who, under PEPRA, become New Members of CCCERA, on or after July 1,
2014, the cost of living adjustment to the retirement allowance will not exceed two percent
SECTION 28 – RETIREMENT CONTRIBUTION
AFSCME Local 512 76 of 98 2013-2016 MOU
(2%) per year, and the cost of living adjustment will be banked.
C. For employees who, under PEPRA, become New members of CCCERA, the disability
provisions are the same as the current Tier III disability provisions.
D. The County will seek legislation amending the County Employees Retirement Law of 1937
to clarify that the current Tier III disability provisions apply to non-safety employees who,
under PEPRA, become New Members of CCCERA. The Union must support the
legislation, in addition to the County, by calling and sending a letter (on Union letterhead) in
support of the bill to the state legislator sponsoring the bill, on or before the date specified
by the County. In addition, if requested by the County, the Union must testify in support of
the bill before the state legislative committees considering the bill.
E. This Section does not apply to employees of the Contra Costa County Employees
Retirement Association (CCCERA).
28.3 Safety Employees Retirement.
A. Contribution. Effective January 1, 2012, employees are responsible for the payment of one
hundred percent (100%) of the employees’ basic retirement benefit contributions
determined annually by the Board of Retirement of the Contra Costa County Employees’
Retirement Association without the County paying any part of the 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.
B. Safety Employees Retirement – Tier A – Employees Hired or Re-Hired Before January 1,
2013.
1. For County employees hired or re-hired by the County before January 1, 2013, who are
safety members of CCCERA, the retirement formula shall be “3 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.”
Each such employee shall pay nine percent (9%) of his or her retirement base to pay
part of the employer’s contribution for the cost of this retirement benefit.
2. Effective July 1, 2012, and through December 31, 2014, each employee in Tier A shall
pay four and one-half percent (4.5%) of his or her retirement base to pay part of the
employer’s contribution for the cost of the Tier A retirement benefit.
3. Effective January 1, 2015, and through June 29, 2015, each employee in Tier A shall
pay two and one-quarter percent (2.25%) of his or her retirement base to pay part of the
employer’s contribution for the cost of the Tier A retirement benefit.
4. Effective June 30, 2015, the employee’s payment of two and one-quarter percent
(2.25%) of his or her retirement base to pay part of the employer’s contribution for the
cost of the Tier A retirement benefit will cease.
SECTION 29 - REIMBURSEMENT
AFSCME Local 512 77 of 98 2013-2016 MOU
C. Safety Employees Retirement – Tier D – Employees Hired or Re-Hired After December 31,
2012.
1. Retirement Benefit. For employees hired by the County after December 31, 2012, and
designated by CCCERA as safety members, the retirement formula will be three
percent (3%) at fifty-five (55) years of age. 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. The employee’s final compensation will be based on this or
her average annual compensation earnable during a consecutive thirty-six (36) month
period. On the employee’s retirement date, the employee’s retirement allowance will
not exceed nine3ty percent (90%) of his or her final compensation. This retirement
benefit will be known as Safety “Tier D.”
2. The disability provisions for Tier D will be the same as the Tier A disability provisions.
3. Employees who left County service prior to December 31, 2012, and are rehired after
that date shall be automatically placed in Tier D unless otherwise required by law.
4. The County will seek enabling legislation amending the County Employees Retirement
Law of 1937 to implement Tier D. The Union must support the legislation, in addition to
the County.
D. Effective July 1, 2015, subsection 28.3.C, above, is deleted and replaced in its entirety with
the following new 28.3.C:
C. Employees Who Become Safety Members of CCCERA on or After January 1, 2013.
1. For employees who become Safety 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 (PEPRA), (Chapters 296, 297, Statutes of 2012). To the extent
this Agreement conflicts with any provision of PEPRA, PEPRA governs.
2. PEPRA Safety Option Plan Two (2.7% @ 57) applies to employees who,
under PEPRA, become Safety New Members of CCCERA. Future
agreement reached with the Probation Peace Officers of Contra Costa
County regarding the cost of living adjustment to the retirement allowance for
PEPRA Safety Option Plan Two Safety members retirement will apply to
Safety members of AFSCME, Local 512, effective on the same date.
3. Subsection B, subparts (1) through (4), above, applies to employees who,
under PEPRA, become reciprocal Safety Members of CCCERA, as
determined by CCCERA.
SECTION 29 - REIMBURSEMENT
29.1 Training Reimbursement. The County Administrative Bulletin on Training shall govern
reimbursement for training and shall limit reimbursement for career development training to seven
hundred fifty dollars ($750) per fiscal year, except as otherwise provided in the supplemental sections
SECTION 29 - REIMBURSEMENT
AFSCME Local 512 78 of 98 2013-2016 MOU
of this MOU. Reimbursement under the above limits for the costs of books for career development
training shall be allowable. Registration and tuition fees for career development education may be
reimbursed for up to fifty percent (50%) of the employee’s net cost. Books necessary for courses
taken for career development education may be reimbursed for up to one hundred percent (100%) of
the employee’s net cost.
29.2 Personal Property Reimbursement. The loss or damage to personal property of employees
is subject to reimbursement under the following conditions:
a. The loss or damage must result from an event which is not normally encountered or
anticipated on the job and which is not subject to the control of the employee.
b. Ordinary wear and tear of personal property used on the job is not compensated.
c. Employee tools or equipment provided without the express approval of the department head
and automobiles are excluded from reimbursement.
d. The loss or damage must have occurred in the line of duty.
e. The loss or damage was not a result of negligence or lack of proper care by the employee.
f. The personal property was necessarily worn or carried by the employee in order to adequately
fulfill the duties and requirements of the job.
g. The loss or damage to employees’ eyeglasses, dentures, or other prosthetic devices did not
occur simultaneously with a job connected injury covered by Worker's 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 the Personal Property.
29.3 Reimbursement For Meals. Employees shall be reimbursed for meal expenses under the
following circumstances and in the amount specified in the Administrative Bulletin on expense
reimbursement when:
a. The employee is required by his/her Department Head to attend a meeting concerning County
business or County affairs.
b. The employee is required to be out of his/her regular or normal work area during a meal hour
because of a particular work assignment.
c. The employee is required to stay over to attend consecutive or continuing afternoon and night
sessions of a board or commission.
SECTION 30 - CLASSIFICATION
AFSCME Local 512 79 of 98 2013-2016 MOU
d. The employee is required to incur expenses as host for official guests of the County, work as
members of examining boards, official visitors, speakers or honored guests at banquets or
other official functions.
e. The employee is required to work three (3) or more hours of overtime, or the employee is
scheduled to work overtime with less than twenty-four (24) hours notice; in this case he or she
may be reimbursed in accordance with the Administrative Bulletin on Expense
Reimbursement.
Meal costs will be reimbursed only when eaten away from home or away from the facility in the case
of employees at twenty-four (24) hour institutions.
SECTION 30 - CLASSIFICATION
Existing classes of positions may be abolished or changed and new classes may be added to the
classification plan by the Director of Human Resources subject to approval by the Board of
Supervisors. The County will meet and confer with the Union on the minimum qualifications and
salary of new classes.
If the County wishes to add duties to classes represented by the Union, the Union shall be notified,
and upon request of Union representatives of the County, will meet and consult with the Union over
such duties.
SECTION 31 - SAFETY AND SAFETY EQUIPMENT REIMBURSEMENT
The County shall expend every effort to see to it that the work performed under the terms and
conditions of this MOU is performed with a maximum degree of safety consistent with the requirement
to conduct efficient operations. The Union may recommend safety guidelines, regulations, training
programs and necessary corrective actions concerning conditions associated with the work
environment. Representatives of the Union may want to discuss with certain Department Heads the
participation of the employees it represents on existing departmental safety committees. If a
Department Head agrees, the Union may designate a representative to participate in any established
Safety Committee. Departments without a Safety Committee shall establish a committee within
ninety (90) days of the effective date of this agreement. The Union shall appoint all labor
representatives to the Committee. All Safety Committees shall schedule their meetings.
An employee designated by the Union may participate on each of the established district safety
committees within the Department of Employment & Human Services.
31.1 Computer Vision Care (CVC) Users Eye Examination. The County agrees to provide all
classes in the Clerical Supervisory Unit and the Social Services Staff Specialists Unit an annual eye
examination on County time (up to two hours) at County expense provided that the employee
regularly uses a video display terminal at least an average of two (2) hours per day as certified by
their department.
Employees certified for examination under this program must process their request through the
Employee Benefits Division of the County Human Resources Department. Should prescription CVC
eyeglasses be prescribed for the employee following the examination, the County agrees to provide,
SECTION 32 - MILEAGE
AFSCME Local 512 80 of 98 2013-2016 MOU
at no cost, the basic coverage which includes a fifty dollar ($50) frame and single vision lenses.
Employees may, through individual arrangement between the employee and their doctor and solely at
the employee's expense, include bifocal, trifocal or blended lenses and other care, services or
materials not covered by the Plan. The basic plan coverage, including the examination, may be
credited toward the employee-enhanced benefit.
31.2 Safety Shoe & Safety Eyeglass Reimbursement. The County shall reimburse employees
for safety shoes and prescription safety eyeglasses in those classifications the County has
determined eligible for such reimbursement.
For each two (2) year period starting January 1, 1994, eligible employees will be allowed
reimbursement for the purchase and repair of safety shoes up to a maximum of one hundred sixty
dollars ($160). There is no limitation on the number of shoes or number of repairs allowed other than
the amount allowed.
The County will reimburse eligible employees for up to one (1) pair per year of prescription safety
eyeglasses which are approved by the County and are obtained from such establishment as required
by the County.
SECTION 32 - MILEAGE
The mileage allowance for use of personal vehicles on County business shall be paid according to
the rates allowed by the Internal Revenue Service 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.
Mileage from an employee's home to the normal work location is not reimbursable. The normal work
location is the location to which an employee is regularly assigned. An employee with more than one
(1) normal work location shall be reimbursed for the mileage traveled in the same work day between
those work locations.
When an employee is temporarily reassigned to a different work location, mileage will be reimbursed
in excess of the normal mileage between the employee's home and the regular work location.
SECTION 33 - STAGGERED WORK SCHEDULE
The Department of Employment & Human Services shall continue to operate a staggered work
schedule plan. Office hours shall remain open to the public from 8:00 a.m. to 5:00 p.m., Monday
through Friday. Permanent full time employees shall have the option to select, subject to prior
approval of the department, an eight (8) hour day, forty (40) hour workweek schedule consisting of
work hours which may be other than the normal 8:00 a.m. to 5:00 p.m. or 4:30 p.m. work schedule.
The following shall serve as the basic criteria for the staggered shift:
a. All employees must be present at their office or otherwise engaged in the duties of their
position during the core hours of 10:00 a.m. and 3:30 p.m.
SECTION 34 - MEAL PERIODS
AFSCME Local 512 81 of 98 2013-2016 MOU
b. Work schedules must remain within the hours of 7:00 a.m. and 7:00 p.m.
c. The selected staggered work schedule shall consist of the same hours of work each day
except for when a schedule including one varying eight hour workday is necessary to provide
officer of the day coverage or for other specific circumstances in which the department
determines that such a varying schedule is appropriate. The decision of the department head
or designee shall be final.
d. Each employee's proposed staggered schedule must be submitted in writing and approved by
the Department Head or designee prior to implementation.
e. Changes in staggered schedules shall be requested in writing and must have the approval of
the Department Head or designee prior to implementation.
f. Conflicting requests for schedules shall be resolved by the Department Head or designee
whose decision shall be final.
g. It is understood that an individual employee's schedule may be changed due to the needs of
the department.
h. In the event this staggered scheduling provision is found by the department to be inconsistent
with the needs of the department, the department shall so advise representatives of the Union
and the County and the Union shall meet and confer in an attempt to resolve the
inconsistency.
SECTION 34 - MEAL PERIODS
Representatives of the Union may discuss varying meal periods (e.g. one-half (1/2) hour versus a one
(1) hour meal period), with designated Department Representatives. Any change in the meal period
agreed to by the Union and Department must have final approval from the Department Head.
SECTION 35 - PERFORMANCE EVALUATION
In those instances when there is a written performance evaluation of an employee and the employee
is requested to sign the evaluation, the employee shall receive a copy of the evaluation if he/she so
requests.
SECTION 36 - DISCIPLINARY ACTIONS
If the employee so requests in writing, a copy of any written disciplinary action affecting an employee
it shall be furnished to the Union.
SECTION 37 - PERSONNEL FILES
SECTION 38 - SERVICE AWARDS
AFSCME Local 512 82 of 98 2013-2016 MOU
Employees shall have the right to inspect and review any official record(s) relating to his or her
performance as an employee or to a grievance concerning the employee which is kept or maintained
by the County in the employee's personnel file in the Human Resources Department. The employee’s
union representative, with written authorization by the employee, shall also have the right to inspect
and review any official record(s) described above. The contents of such records shall be made
available to the employee and/or the employee’s union representative for inspection and review at
reasonable intervals during the regular business hours of the County. 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 the employee who shall have the right to respond in
writing to said documents.
Derogatory material in an employee's personnel file (such as warning letters) over two (2) years old
will not be used in a subsequent disciplinary action unless directly related to the action upon which
the discipline is taken. Derogatory material does not include prior suspensions, demotions or
dismissals for cause.
The County shall provide an opportunity for the employee to respond in writing to any information
which is in the employee's personnel file about which he or she disagrees. Such response shall
become a permanent part of the employee's personnel record. The employee shall be responsible for
providing the written responses to be included as part of the employee's permanent personnel record.
Counseling memos, which are not disciplinary in nature, are to be retained in the file maintained by
the employee's supervisor or the person who issued the counseling memo and are not to be
transferred to the employee's central file which is normally retained by the Human Resources
Department unless such memos are subsequently used in conjunction with a disciplinary action such
as a letter of reprimand.
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.
Employees have the right to review their official personnel files which are maintained in the Human
Resources Department or by their department during their work hours. For those employees whose
work hours do not coincide with the County’s business hours, management shall provide a copy of
the employee’s personnel file for their review. The custodian of records will certify that the copy is a
true and correct copy of the original file. 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 38 - SERVICE AWARDS
The County shall continue its present policy with respect to service awards including time off;
provided, however, that the type of award given shall be at the sole discretion of the County.
The following procedures shall apply with respect to service awards:
a. Presentation Before the Board of Supervisors. An employee with twenty (20) or more years of
service may go before the Board of Supervisors to receive his/her Service Award. When
SECTION 39 - REASSIGNMENTS
AFSCME Local 512 83 of 98 2013-2016 MOU
requested by a department, the Human Resources Department will make arrangements for the
presentation ceremony before the Board of Supervisors and notify the department as to the
time and date of the Board meeting.
b. Service Award Day Off. Employees with fifteen (15) or more years of service are entitled to
take a day off with pay at each five (5) year anniversary.
SECTION 39 - REASSIGNMENTS
39.1 Request for Reassignment. The Department of Employment & Human Services shall
continue the vacancy information system which lists vacant positions which the department has
determined will be filled by intradepartmental reassignment. Positions shall be listed for five (5)
working days in department offices prior to filling the position.
Permanent full time employees desirous of reassignment to a position in the same classification at
another work location should submit a request in writing to the Department of Employment & Human
Services personnel office. Such request will stay in effect for ninety (90) days from the date it is
submitted. When it is determined that a vacant position may be filled by intradepartmental transfer,
the department will determine from which district the transfer may be made based upon the amount
and nature of work, and the names of people from that/those district(s) in the appropriate
classification who have indicated a desire to transfer to that location will be submitted to the
supervisor who will make a selection. In the event three (3) names are not available through this
process, then the gaining supervisor may request additional names from the reemployment/eligible
list.
39.2 Involuntary Reassignments. In the event an involuntary reassignment must be made, the
Department of Employment & Human Services will determine the building from which the employee
will be reassigned, based on workload statistics. The least senior employee in that building in the
appropriate classification will be transferred.
If a vacancy occurs in the same class and in the same geographic area from which an employee was
involuntarily reassigned, the Department shall offer the position to the employee who was
involuntarily reassigned. If the employee declines the offer, he/she will not be considered for any
future vacancies in that geographic area except as provided in Section 39.1 above.
For the purposes of this Section, geographic areas shall be defined as West County, Central County
and East County.
39.3 Social Service Staff Specialists Unit. S.S. Program Analysts, S.S. Information Systems
Analysts and S.S. Sr. Information Systems Analysts and S.S. Staff Development Specialists
(hereinafter referred to as Analysts) in this unit, shall have the opportunity to express their desire for
reassignments to a position in the same classification at any time in accordance with Section 23.5 –
Reassignment of Work Location. Analysts shall be notified of positions vacant and eligible to be filled
via memo at their work site. The Department shall interview all interested Analysts in that
classification who have responded to the vacancy notification.
SECTION 40 - UNFAIR LABOR PRACTICE
AFSCME Local 512 84 of 98 2013-2016 MOU
Selection of Analysts for reassignment to vacant positions will be reviewed with consideration given to
various factors including but not limited to: experience or demonstrated skill appropriate to the
position sought; any previous involuntary reassignments; seniority within the classification;
operational and programmatic needs of the Department; location of the work assignment relative to
the Analyst's place of residence. The Department Head or designated representative shall make the
sole determination as to reassignment of personnel.
In the event of an involuntary reassignment, the number of times an Analyst has been involuntarily
reassigned shall be considered so as to prevent any Analyst from being involuntarily reassigned more
than once in any twelve (12) month period. Analysts involuntarily reassigned will be given priority
consideration to return to the assignment and location from which they were reassigned should that
vacancy occur and it is determined that the position is to be refilled.
39.4 Bid and Vacancy Distribution. The Union will be included in the distribution of bid/vacancy
notices by departmental personnel officers for Clerical Supervisor vacancies.
SECTION 40 - UNFAIR LABOR PRACTICE
Either the County or the Union may file an unfair labor practice as defined in Chapter 34-22 of Board
Resolution No. 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 41 - LENGTH OF SERVICE DEFINITION FOR SERVICE AWARDS AND VACATION
ACCRUALS
The length of service credits of each employee of the County shall date from the beginning of the last
period of continuous County employment (including temporary, provisional, and permanent status,
and absences on approved leave of absence). When an employee separates from a permanent
position in good standing and within two (2) years is reemployed in a permanent County position or is
reemployed in a permanent County position from a layoff list within the period of layoff eligibility,
service credits shall include all credits accumulated at time of separation, but shall not include the
period of separation. The Director of Human Resources shall determine these matters based on the
employee status records in his/her department.
SECTION 42 - 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 43 - PERMANENT-INTERMITTENT EMPLOYEE SPECIAL PAYS & BENEFITS
A. Permanent-intermittent employees are eligible for prorated vacation and sick leave benefits.
SECTION 44 - PERMANENT-INTERMITTENT HEALTH PLAN
AFSCME Local 512 85 of 98 2013-2016 MOU
B. Permanent-Intermittent employees may be eligible for certain special types of pays and benefits in
addition to wages under specifically defined circumstances. A list of those special pays and benefits
that are applicable to permanent-intermittent employees is included as Attachment H. If a special pay
or benefit that is described in this MOU does not specifically reference permanent-intermittent
employees or the special pay or benefit is not included in Attachment H, then the special pay or
benefit does not apply to permanent-intermittent employees.
SECTION 44 - PERMANENT-INTERMITTENT HEALTH PLAN
44.1 A permanent-intermittent employee represented by the Union may participate in the County
Group Health Plan of medical, dental and life insurance coverage wholly at the employee's expense.
The County will not contribute to the employee's monthly premium. The employee will be responsible
for paying the monthly premium appropriately and punctually. Failure to meet the premium deadline
will
mean automatic and immediate withdrawal from the County Group Health Plan and reinstatement
may only be effectuated during the annual open enrollment period.
44.2 The following benefit program shall be offered to permanent-intermittent employees:
a. Program. The County shall offer CCHP Plan A-2 at the subsidy rate below to those
permanent-intermittent employees who meet and maintain eligibility.
i. Through December 31, 2009, the County will pay the monthly premium subsidy of sixty-
four percent (64%) of the cost of the CCHP Plan A-2 premium for a single individual.
ii. Beginning on January 1, 2010, and for each calendar year thereafter, the County will pay
a monthly premium subsidy for CCHP Plan A-2 that is equal to sixty percent (60%) of the
total monthly premium that is paid for a single individual for the plan in 2010. If there is an
increase in the premium charged for a single individual by CCHP Plan A-2 for 2011, the
County and the employees will each pay fifty percent (50%) of that portion of the premium
increase that does not exceed eleven percent (11%) of the 2010 premium charged for a
single individual by the CCHP Plan A-2 health plan. If the premium increase for 2011
exceeds eleven percent (11%) of the 2010 premium charged for a single individual by the
CCHP Plan A-2 health, the County additionally will pay that portion of the
premium increase charged for a single individual that exceeds eleven percent (11%) of
the 2010 premium.
iii. After June 29, 2011, the County will pay a monthly premium subsidy for the CCHP A-2
Plan that is equal to the actual dollar amount of the monthly premium subsidy that is paid
by the County in the month of May, 2011. The amount of the County subsidy that is paid
will thereafter be a set dollar amount and will not be a percentage of the premium charged
by the CCHP A-2 Plan.
b. Eligibility. Initial eligibility shall be achieved when an employee has worked three (3)
continuous months of service at an average of fifty percent (50%) time per month. In order to
maintain eligibility, a permanent-intermittent employee must remain in paid status during each
successive month.
SECTION 45 - PROVISIONAL EMPLOYEE BENEFITS
AFSCME Local 512 86 of 98 2013-2016 MOU
c. Pre-Pay. Employees who have achieved eligibility under the terms of 46.2b will pre-pay the
employee’s portion of the premium cost so that the effective date of enrollment begins effective
the first of the month of eligibility. Employees must continue to pre-pay their portion of the
health insurance premium in order to continue benefits. In addition, employees who meet the
eligibility requirements and who have been voluntarily paying the total premium for one of the
County Group Health Plans shall be allowed to enroll in CCHP Plan A-2 without a waiting
period.
d. Family Coverage. Employees may elect to purchase at their own expense, family coverage,
including domestic partner, and shall follow the procedures outlined in C. above for payment
for this optional coverage.
e. Implementation. Open Enrollment periods shall be for thirty (30) days and coincide with the
open enrollment period for County employees beginning in 2001. Permanent-intermittent
employees who are not currently eligible, but who subsequently meet the eligibility
requirements, shall be notified of their eligibility and shall have thirty (30) days to decide
whether or not to elect coverage under this program.
f. Employees who are temporarily ineligible may purchase, at their own cost, the plan in
accordance with the procedures set forth by the Contra Costa County Health Plan.
Nothing in Section 44.2 shall prevent an employee from electing health coverage under either Section
44.1 or Section 44.2.
SECTION 45 - PROVISIONAL EMPLOYEE BENEFITS
Provisional employees, who are not permanent employees of the County immediately prior to their
provisional appointment, are eligible for vacation and sick leave benefits.
Provisional employees may participate in the County Group Health Plan of medical, dental and life
insurance coverage wholly at the employee's expense. The County will not contribute to the
employee's monthly premium. The employee will be responsible for paying the monthly premium
appropriately and punctually. Failure to meet the premium deadline will mean automatic and
immediate withdrawal from the County Group Health Plan and reinstatement may only be effectuated
during the annual open enrollment period.
SECTION 46 - UNION REPRESENTATION OF TEMPORARY EMPLOYEES
46.1 Recognition. AFSCME, Local 512 is the formally recognized employee organization for
temporary employees, not including emergency appointments and retiree temporary appointments,
who are employed by Contra Costa County in those classifications covered by the MOU between
AFSCME, Local 512 and Contra Costa County.
A. Temporary Employees. Temporary employees hired on or after January 1, 1997 may work a
maximum of 1600 hours within a department. Thereafter, that temporary may not work in that
department for one year as a temporary.
B. The County may employ temporary employees in excess of 1600 hours for the following
reasons:
SECTION 46 - UNION REPRESENTATION OF TEMPORARY EMPLOYEES
AFSCME Local 512 87 of 98 2013-2016 MOU
1. To cover for employees on leaves of absence, e.g., maternity, military, medical,
workers’ compensation.
2. While a department is actively recruiting to fill a position.
3. For regular recurring departmental needs, e.g., election season (Clerk-Recorder),
property tax season (Treasurer-Tax Collector), and “closing the assessment roll” season
(Assessor).
4. Temporary assignments for pre-determined periods of time, as determined by the hiring
department.
5. For short term seasonal work needed by a department, not to exceed 1600 hours.
The County may not replace a temporary employee with another temporary employee except
as provided in Subsections 1, 2, 3, and 4 of this Section B. above.
The County will notify the union in advance of the period of the temporary assignment under
Subsection 4 and the period of the seasonal assignment under Subsection 5.
C. Student Worker/Administrative Intern: The County may employ a person as a Student Worker
or an Administrative Intern only if that person is enrolled in a school and is performing work for
the County that is related to his/her course of study, interest, aptitude, or education, provided
however, that a student worker/administrative intern hired for the summer may perform work
not related to his/her course of study, interest, aptitude or education. Student Workers and
Administrative Interns may not be used in lieu of hiring regular County employees.
D. The County may employ temporary agency employees in a manner consistent with
Government Code Section 31000.4, which provides: “The board of supervisors may contract
with temporary help firms for temporary help to assist county agencies, departments or offices
during any peak load, temporary absence, or emergency other than a labor dispute, provided
the board determines that it is in the economic interest of the county to provide such temporary
help by contract, rather than employing persons for such purpose. Use of temporary help
under this section shall be limited to a period of not to exceed 90 days for any single peak
load, temporary absence, or emergency situation.”
E. The County will provide to the union a temporary employee report to show the total number of
hours worked by each County temporary employee and each temporary agency employee and
not merely the annual number of hours. It shall also include the reason the County temporary
employee was hired by referring to one of the 5 reasons specified in B. above or the reason
the temporary agency employee was hired as set forth in paragraph D.
F. Appointment to a Permanent Position. If a temporary employee is appointed to a permanent
position, credited paid time off hours and earned, but not yet credited paid time off hours, shall
be converted to vacation hours and subject to the MOU provisions relating to vacation, except
that when a temporary employee is appointed to a permanent position, the employee shall be
allowed to use the earned paid time off hours during the first six (6) months of employment in a
permanent position.
SECTION 47 - WORD PROCESSING/VDT DIFFERENTIALS
AFSCME Local 512 88 of 98 2013-2016 MOU
Upon receipt of a request by the Union, the Human Resources Department agrees to meet to discuss
the issues related to continuous testing and the frequency of such testing regarding specific
classifications.
Effective January 1, 2000, the County shall provide quarterly reports regarding temporary employees
which include the following information: employee name, classification, department, mail drop I.D.,
and number of hours worked in all classifications and departments on a calendar year-to-date basis.
46.2. Temporary Employee Special Pays. Temporary employees may be eligible for certain
special types of pays or benefits in addition to wages under specifically defined circumstances. A list
of those special pays and benefits that are applicable to temporary employees is included as
Attachment I. If a special pay or benefit that is described in this MOU does not specifically reference
temporary employees or the special pay or benefit is not included in Attachment I, then it does not
apply to temporary employees.
SECTION 47 - WORD PROCESSING/VDT DIFFERENTIALS
47.1 Buyout of Differential. Effective April 1, 1992 all job classes in the Clerical Supervisory Unit
and the Social Service Staff Specialist Unit will be increased to the closest salary range available that
is fifty dollars ($50) higher than the current salary range at the mid-point step after the general wage
increase of thirty (30) levels is added. Effective May 1, 1992 employees in the above units who were
receiving VDT or Word Processing Differential shall no longer receive such differential.
47.2 Continuing Differentials. All job classes in the Income Maintenance, Probation Supervisor
and Engineering Technician Units that currently are eligible for VDT or Word Processing Differential
shall not have $50.00 added to their salary range. However, employees in these job classes who are
receiving either a VDT or Word Processing Differential will continue to receive the differential until
such time as they vacate their class.
SECTION 48 - ENGINEERING TECHNICIAN SPECIAL ISSUES
48.1 Rotational Advisory Committee. The Public Works Department Engineering Rotational
Advisory Committee shall be continued through the term of this MOU. The primary purpose of this
Committee shall be to make recommendations to the Public Works Director on an annual basis for
rotations of Engineering Technicians.
The Committee shall consist of two (2) Engineering Technicians and various designated management
representatives. The Engineering Technicians shall be selected by the Union. The Committee may
additionally include a representative of the Union if requested by the Engineering Technicians
representatives.
The Committee may also discuss Engineering Technician rotation procedures and implementation
methods, safety and training needs and other related matters.
Rotational Advisory Committee modifications:
SECTION 48 - ENGINEERING TECHNICIAN SPECIAL ISSUES
AFSCME Local 512 89 of 98 2013-2016 MOU
Step 1: Prior to rotation selection the department shall circulate all openings and scheduled
rotations that are due to rotate to all Engineering Technicians at the same time the rotation notice is
circulated.
Step 2: The two union representatives shall receive copies of the openings and scheduled
rotations and the employee’s choices.
Step 3: The two union representatives shall receive a copy of management’s selections.
Step 4: If an employee does not receive one of her or his three choices, the union
representatives may call a meeting of the joint labor/management Rotation Advisory Committee. The
committee shall meet within five days of the request.
Step 5: The joint labor/management Rotation Advisory Committee shall deliberate and shall
make a recommendation to the Public Works Director per Section 48.1.
48.2 Engineering Technician Bidding Procedure. When a vacant Senior Level position is made
available, the Public Works Department shall bid the position in the following manner:
a. All Engineering Technicians-Senior Level and qualified Engineering Technicians-Journey Level
shall receive a notice of opening.
b. "Qualified" means an employee shall meet the minimum qualifications of the Engineering
Technician-Senior Level designation.
c. The Departmental Final Selection Interview Panel shall include at least the Division or
Assistant Division Head for the Division from where the vacancy occurs and a member of the
Administrative Services Division.
d. The bid notice shall be posted for a minimum of five (5) work days.
e. Selection shall be made from all interested applicants on the basis of merit and qualifications.
When a vacant Journey Level position is made available, the Public Works Department shall bid the
position in the following manner:
a. All Engineering Technicians-Journey Level and qualified Engineering Technicians-Entry Level
shall receive a notice of opening.
b. "Qualified" means an employee shall meet the minimum qualifications of the Engineering
Technician-Journey Level designation.
c. The Departmental Final Selection Interview Panel shall include at least the Division or
Assistant Division Head for the Division from where the vacancy occurs and a member of the
Administrative Services Division.
d. The bid notice shall be posted for a minimum of five (5) work days.
e. Selection shall be made from all interested applicants on the basis of merit and qualifications.
SECTION 49 - CLASSIFICATION STUDIES
AFSCME Local 512 90 of 98 2013-2016 MOU
48.3 Flexible Work Week. The Public Works Department shall continue a flexible forty (40) hour
workweek for Engineering Technicians assigned to the office. Crucial to the continuance of the
flexible forty (40) hour workweek will be the impact on service to the public.
48.4 Continuing Education Allowance. Employees in classifications in the Engineering
Technician Unit shall be eligible to receive a two and one half (2 ½%) Continuing Education
Allowance effective the first of the month following adoption of the Memorandum of Understanding by
the Board of Supervisors. The employee must annually complete at least sixty (60) hours of approved
education or training or at least three (3) units of department approved college credit or approved
combination thereof.
SECTION 49 - CLASSIFICATION STUDIES
49.1 Other Clerical Supervisor Positions. The County agrees to review and evaluate as
necessary any Clerical Supervisor position where it is alleged that Office Manager duties are
performed.
SECTION 50 - SHERIFF'S DEPARTMENT SHIFT AND HOLIDAY AGREEMENT
The agreement between the Union on behalf of the Clerical Supervisory Unit and the Sheriff's
Department concerning shift assignments and holiday coverage in the Services Division shall remain
in effect for the duration of this agreement.
SECTION 51 - PROPERTY APPRAISER UNIT SPECIAL ISSUES
51.1 Mileage. The mileage allowance for use of personal vehicles on County business shall be
two cents ($.02) per mile above the Internal Revenue Service base rate. The base rate 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.
Effective January 1, 2000, in lieu of payment of the aforementioned two cents ($.02) per mile, the
salaries of classifications in the Property Appraisers Unit shall be increased by one (1) level.
Beginning January 1, 2000, mileage allowance for use of personal vehicles on County business shall
be paid according to the rates allowed by the Internal Revenue Service.
51.2 Bridged Service Time. Employees who are rehired and have their service bridged in
accordance with the provisions of this MOU shall accrue vacation in accordance with the accrual
formula in Section 13.3 - Vacation Accrual Rates. Prior service time which has been bridged shall
count toward longevity accrual.
51.3 Physical Examination. County employees who are required as pare of the promotional
examination process to take a physical examination shall do so on County time at County expense.
51.4 Flex-Time. It is understood that Resolution No. 75/1037 pertaining to flex-time may be applied
to the Property Appraisers Unit as well as other County employees. Nothing contained in this MOU
prohibits the Department Head from implementing a flex-time system for employees in the Property
Appraisers Unit. The Department Head, prior to implementation, shall discuss the implementation of
SECTION 52 - MEALS
AFSCME Local 512 91 of 98 2013-2016 MOU
any flex-time system involving employees represented by the Union with the Union. Then the
Department shall determine if said flex-time is feasible following a trial period and then shall submit
the plan to the County Administrator for approval. Upon written request to the Labor Relations
Manager, the Union may request to meet with the Department Head for the purpose of proposing an
alternate flexible work schedule.
51.5 Educational Incentive. Effective January 1, 2007 classes represented by the Union will be
entitled to a salary differential of two and one-half percent (2.5%) of base pay or a minimum of fifty
dollars ($50) per month, whichever is greater, for possession of a certification for educational
achievement from at least one of the following:
a. American Institute of Real Estate Appraisers-Residential Member (RM) designation;
b. State Board of Equalization-Advanced Appraiser certification;
c. International Association of Assessing Officers - Residential Evaluation Specialist (RES);
d. Society of Auditor Appraisers - Master Auditor-Appraiser (MAA) designation;
e. Society of Real Estate Appraisers - Senior Residential Appraiser (SRA) designation;
f. Any other certification approved by the County Assessor and the Director of Human
Resources.
51.6 4/10 Summer Schedule. After the annual assessment rolls have been processed, the
Assessor will consider continuation of the annual 4/10 summer schedule, which begins July 1st of
each year.
SECTION 52 - MEALS
Employees represented by the Union who are employed at the County Hospital and who are required
to work on Thanksgiving, Christmas or New Year's will be provided a free meal in the Hospital
Cafeteria at no cost to the employee between 6:30 a.m. and 6:30 p.m. only.
SECTION 53 - SPECIAL STUDIES/ PROJECTS/ ADJUSTMENTS
A. The County will conduct a feasibility study during the term of this MOU to ascertain the
advantages and/or disadvantages to County employees of providing an Ineligible Deferred
Compensation Plan as described in Section 457(f) of the Internal Revenue Code of 1986.
B. The Department of Employment & Human Services shall review, on at least a quarterly basis,
the amount and nature of work of individuals in the Income Maintenance Program Unit. As
possible within budgetary and operational constraints, the Department will attempt to balance
the amount and nature of work of individuals in that Unit. There shall be a meeting between the
Department of Employment & Human Services and the Union, as necessary, to review and
discuss the existing amount and nature of work, and efforts made and considered to balance
SECTION 53 - SPECIAL STUDIES/ PROJECTS/ ADJUSTMENTS
AFSCME Local 512 92 of 98 2013-2016 MOU
that work. Summary minutes shall be kept of the discussions and shall be distributed to
committee members prior to the next meeting.
C. The Department of Employment & Human Services and representatives of the Income
Maintenance Unit of the Union shall meet to begin consideration of the potential impacts future
automation could have on the amount and nature of work for this classification.
D. Attendance Program. There shall be convened a Labor-Management Committee to develop
an attendance program for County employees.
E. The County agrees to meet with representatives of Local 512 to discuss performance
evaluation on a County-wide basis but not a County-wide performance form.
F. Grievance Procedure. Following completion of these negotiations but no later than November
1, 1996, representatives of the County shall meet and confer with representatives of the Labor
Coalition in order to develop rules and guidelines governing the conduct and administration of
Adjustment Boards.
G. Bi-Weekly Pay Periods. The County shall present to Labor Coalition a comprehensive
proposal for replacement of the current system of monthly pay with a bi-weekly (every other
week) pay system.
The Labor Coalition agrees to commence meet and confer on those elements in the proposed
bi-weekly payroll system which are within the scope of bargaining and/or on the impact of
replacing the current monthly pay system with a bi-weekly system. Any implementation of a bi-
weekly pay system must be by mutual agreement of the parties.
Meet and confer on bi-weekly pay may also include as applicable discussion on (1) the
proration of vacation and sick leave accruals for permanent part-time employees and (2)
discontinuing the payroll practice of applying a factor of 1.05 when computing the base pay
hourly equivalent for full-time and part-time permanent employees for the purpose of
compensating shift differential, hazard pay, straight-time overtime and straight-time holiday
pay. However, these discussions will not be contingent upon any agreement reached
regarding bi-weekly pay.
H. Wellness Incentive Program. A broad-based pilot Wellness Incentive Program will be
developed with input from the joint Labor/Management Wellness Committee. The purpose of
this program will be to reward County employees with incentives for participating in Wellness
Program activities and encourage them to live healthier lifestyles. The Wellness Committee will
work closely with the Human Resources Department on program design and implementation.
Program Design. The Wellness Incentive Program design will include the development of
additional wellness activities to compliment the current Employee Wellness Program schedule
and collaboration with health plan carriers to develop special programs and activities for
County employees and to encourage participation in their established wellness activities.
Special emphasis will be placed on supporting major programs such as: Smoking Cessation,
Nutrition/Weight Loss, Brown Bag Seminars, Health Screenings and Health Fairs.
SECTION 54 - SPECIAL BENEFITS
AFSCME Local 512 93 of 98 2013-2016 MOU
Format. A point value system for program participation will be developed wherein each
wellness activity and program will be assigned a point value. Points will accumulate and
incentive prizes will be awarded to employees upon realizing certain point levels. The value of
the prizes will increase with higher point values and one (1) grand prize will be awarded each
year to the employee with the highest number of points.
Incentives. A series of incentive prizes will be assigned to certain point values. In addition,
recognition for employee and department participation will be an important aspect of the
Wellness Incentive Program.
Referral. The parties agree to refer the contents of this proposal to the Wellness Committee
for its consideration.
I. Child Care. The County will continue to support the concept of non-profit child care facilities
similar to the “Kids at Work” program established in the Public Works Department.
J. Differentials. The County and the Labor Coalition agree to establish a Labor/Management
Committee comprised of five (5) labor and five (5) management employees to study and
recommend actions necessary to standardize payment and application of differentials
including, but not limited to, proration for less than full-time employees; the length of payment
while on paid sick leave or disability and consistency between percent-based vs. flat-payment
differentials.
K. The County will conduct a classification study of classifications represented by AFSCME Local
512 in the Probation Supervisors Unit. Any increases due as a result of the study shall be
retroactive to January 1, 2000.
L. Name and Address Changes. On a quarterly basis beginning January 1, 2000, the County will
provide to the Union an updated list of employee names and addresses.
SECTION 54 - SPECIAL BENEFITS
Incumbents in all classes in the Social Service Staff Specialist Unit, Income Maintenance Unit,
Clerical Supervisory Unit, and Probation Supervisors Unit are eligible to receive the following benefits:
A. Life Insurance. Effective January 1, 2000, $45,000 Group Term Life Insurance will be
provided. Premiums for this insurance will be paid by the County with conditions of eligibility to
be reviewed annually. Effective January 1, 2000, incumbents in all classes in the Property
Appraiser Unit shall be eligible for $45,000 Group Term Life Insurance. Effective January 1,
2007, $10,000 Group Term Life Insurance will be provided to the Engineering Technician Unit.
B. LTD. Long-Term Disability Insurance will be provided, with a replacement limit of eighty-five
percent (85%) of total monthly base earnings reduced by any deductible benefits. The
premium for this Long-Term Disability Insurance will be paid by the County.
C. Vacation Buy Back Plan. The County will reimburse up to one-third (1/3) of an employee's
annual vacation accrual, subject to the following conditions: (a) the choice can be made only
once in each calendar year;
SECTION 54 - SPECIAL BENEFITS
AFSCME Local 512 94 of 98 2013-2016 MOU
(b) payment shall be based on an hourly rate determined by dividing the employee's monthly
salary by 173.33; and (c) the maximum number of hours that may be reimbursed in any year is
one-third (1/3) of the annual accrual at the time of reimbursement.
Employees promoted or hired by the County into any classification represented by AFSCME
512 on and after January 1, 2012, are not eligible for the Vacation Buy-Back benefit. However,
any employee who was eligible for a Vacation Buy-Back benefit before promoting into a
classification represented by AFSCME 512 will retain that benefit after promoting into a
classification represented by AFSCME 512.
D. Professional Development. Reimbursement will be provided for up to two hundred dollars
($200) per fiscal year for memberships in professional organizations, subscriptions to
professional publications, attendance fees at job-related professional development activities,
job-related books, electronic calendars and organizers, and soft and hardware from a
standardized County approved list or with Department Head approval, provided each
employee complies with the provisions of the Computer Use and Security Policy adopted by
the Board of Supervisors. Beginning January 1, 2000, employees shall be eligible for
reimbursement of up to four hundred dollars ($400) for each two year period. Authorization for
individual professional development reimbursement requests shall be made by the Department
Head. Reimbursement will occur through the regular demand process with demands being
accompanied by proof of payment (copy of invoice or canceled check).
E. Paid Personal Leave. Fifty (50) hours of paid personal leave will be provided during a
calendar year. Said personal leave is provided to recognize both the fact that these employees
do not and will not receive payment for overtime and the unavailability of compensatory time
off for this group of employees.
F. 1. Deferred Compensation Incentive. Effective January 1, 2007, the County’s
contribution to eligible employees who participate in the County’s Deferred
Compensation Plan will be seventy-five dollars ($75.00) per month. To be eligible for
this incentive supplement, eligible employees must first contribute a Base Contribution
Amount to the Deferred Compensation Plan as follows:
Monthly Base
Current Contribution Amt.
Monthly Qualifying Base for Maintaining
Salary Contribution Amt. Program Eligibility
2500 & below 250 50
2501 - 3334 500 50
3335 - 4167 750 50
4168 - 5000 1000 50
5001 - 5834 1500 100
5835 - 6667 2000 100
6668 & above 2500 100
Employees who meet these Base Contribution Amounts must contribute at least fifty
dollars ($50) or one hundred dollars ($100) per month to remain eligible for the seventy-
five dollars ($75.00) County supplement. Employees who discontinue contributions or
SECTION 54 - SPECIAL BENEFITS
AFSCME Local 512 95 of 98 2013-2016 MOU
who contribute less than the required amount per month for a period of one (1) month or
more will no longer be eligible for the seventy-five ($75.00) County supplement.
To reestablish eligibility, employees must again make a Base Contribution Amount as
set forth above based on current monthly salary. Employees with a break in Deferred
Compensation Contributions because of an approved medical leave, shall not be
required to reestablish eligibility.
Employees with a break in deferred compensation contributions because of either an
approved medical leave or approved financial hardship withdrawal shall not be required
to re-establish eligibility. Further, employees who lose eligibility due to budgetary
constraints but maintain contributions at the required level and later return to an eligible
position shall not be required to re-establish eligibility.
Eligible employees who participated in the Deferred Compensation Plan prior to May 1,
1992 but were not eligible to receive the County contribution will be given credit towards
the qualifying base amount for contributions made after January 1, 1992.
2. Deferred Compensation Plan – Special Benefit for Hires After January 1, 2010:
Commencing April 1, 2010, and for the duration of this Agreement, the County will contribute
one hundred fifty dollars ($150) per month to an employee's account in the Contra Costa
County Deferred Compensation Plan or other designated tax qualified savings vehicle, for
employees who meet all of the following qualifications:
a) The employee was first hired by Contra Costa County on or after January 1, 2010 and,
b) The employee is a permanent full-time or permanent part-time employee regularly scheduled
to work at least twenty (20) hours per week and has been so employed for at least ninety (90)
calendar days; and,
c) The employee defers a minimum of twenty-five dollars ($25) per month to the Contra Costa
County Deferred Compensation Plan or other designated tax qualified savings vehicle; and,
d) The employee has completed, signed and submitted to the Human Resources Department -
Employee Benefits Service Unit, the required enrollment form for the account, e.g., the
Enrollment Form 457(b).
e) The annual maximum contribution as defined under the relevant Internal Revenue Code
provision has not been exceeded for the employee's account for the calendar year.
Employees who discontinue deferral or who defer less than the amount required by this
Subsection 2 for a period of one (1) month or more will no longer be eligible to receive the County
contribution. To re-establish eligibility, employees must resume deferring the amount required by
this Subsection 2.
No amount deferred by the employee or contributed by the County in accordance with this
Subsection 2 will count towards the “Base Contribution Amount” or the “Monthly Base Contribution
Amount for Maintaining Program Eligibility” required for the County's Deferred Compensation
Incentive in Subsection 1. No amount deferred by the employee or contributed by the County in
SECTION 54 - SPECIAL BENEFITS
AFSCME Local 512 96 of 98 2013-2016 MOU
accordance with Subsection 1 will count toward the minimum required deferral required by this
Subsection 2. The County's contribution amount in accordance with this Subsection 2 will be in
addition to the County contribution amount for which the employee may be eligible in accordance
with any other provision in this contract.
Both the employee deferral and the County contribution to the Contra Costa County Deferred
Compensation Plan under this Subsection 2, as well as any amounts deferred or contributed to the
Contra Costa County Deferred Compensation Plan in accordance with Subsection 1, will be added
together for the purpose of ensuring that the annual Plan maximum contributions as defined under
IRS Code Section 457(b), or other tax qualified designated savings vehicle, are not exceeded.
Within thirty (30) days of adoption of this MOU by the Board of Supervisors, and annually thereafter
beginning in 2015, the County will provide to the Union a list of eligible employees who have not
enrolled in the deferred compensation plan and will provide the Union with contact information for
scheduling an appointment with the Deferred Compensation provider.
3. Deferred Compensation Plan – Loan Provision: On August 14, 2012 the Board of
Supervisors adopted Resolution 2012/348 approving a side letter with the Coalition Unions to allow a
Deferred Compensation Plan Loan Program effective September 1, 2012. The following is a
summary of the provisions of the loan program:
1. The minimum amount of the loan is $1,000
2. The maximum amount of the loan is the lesser of 50% of the employee’s balance or $50,000,
or as otherwise provided by law.
3. The maximum amortization period of the loan is five (5) years.
4. The loan interest is fixed at the time the loan is originated and for the duration of the loan. The
loan interest rate is the prime rate plus one percent (1%).
5. There is no prepayment penalty if an employee pays the balance of the loan plus any accrued
interest before the original amortization period for the loan.
6. The terms of the loan may not be modified after the employee enters into the loan agreement,
except as provided by law.
7. An employee may have only one loan at a time.
8. Payment for the loan is made by monthly payroll deduction.
9. An employee with a loan who is not in paid status (e.g. unpaid leave of absence) may make
his/her monthly payments directly to the Plan Administrator by some means other than payroll
deduction each month the employee is in an unpaid status (e.g. by a personal check or money
order).
10. The Loan Administrator (Mass Mutual Life Insurance Company or its successor) charges a
one-time $50 loan initiation fee. This fee is deducted from the employee’s Deferred
Compensation account.
SECTION 55 - ADOPTION
AFSCME Local 512 97 of 98 2013-2016 MOU
11. The County charges a one-time $25 loan initiation fee and a monthly maintenance fee of
$1.50. These fees are paid by payroll deduction.
The County’s website provides employees with the following information:
a. Deferred Compensation Loan Provision
b. FAQ’s for the Loan Provision including loan status upon termination of employment and
the consequences of defaulting on a loan
c. Pros and Cons of borrowing from the Deferred Compensation Plan
d. Loan Application and Agreement
SECTION 55 - 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 56 - DURATION OF AGREEMENT
This Agreement will continue in full force and effect from July 1, 2013 to and including June 30, 2016.
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.
SECTION 57 - SCOPE OF AGREEMENT AND SEPARABILITY OF PROVISION
57.1 Scope of Agreement. Except as otherwise specifically provided herein, this MOU fully and
completely incorporates the understanding of the parties hereto and constitutes the sole and entire
agreement between the parties in any and all matters subject to meet and confer. Neither party shall,
during the term of this MOU demand any change herein, provided that nothing herein shall prohibit
the parties from changing the terms of this MOU by mutual agreement. Any past side letters or any
other agreements that are not incorporated into or attached to this MOU are deemed expired upon
approval of this MOU by the Board of Supervisors.
57.2 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.
57.3 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
SECTION 57 - SCOPE OF AGREEMENT AND SEPARABILITY OF PROVISION
AFSCME Local 512 98 of 98 2013-2016 MOU
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.
Date: _______________
Contra Costa County: AFSCME, Local 512:
(Signature / Printed Name) (Signature / Printed Name)
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
2013-2016 MOU
AFSCME, LOCAL 512
ATTACHMENTS
A. CLASS & SALARY LISTING BY UNIT
B. MEDICAL/DENTAL/LIFE INSURANCE ADJUSTMENTS
C. PROJECT POSITIONS
D. RETURN TO WORK POLICY
E. CALIFORNIA HEALTH BENEFITS EXCHANGE (HBEX) AGREEMENT
F. GUIDELINES FOR CONTINUING EDUCATION INCENTIVE
PROGRAMS/PUBLIC WORKS DEPARTMENT
G. ADDITIONAL CALWORKS DUTIES
H. SPECIAL PAYS FOR PERMANENT-INTERMITTENT EMPLOYEES
I. SPECIAL PAYS FOR TEMPORARY EMPLOYEES
J. HEALTHCARE COALITION NOTICE OF CHANGES
K. REASSIGNMENTS AND VACATION SCHEDULING
L. APPRAISER PAY STUDY
AFSCME, Local 512
CLASS AND SALARY LISTING
Effective 7/1/2014
Attachment A
Job Code Class Title
Flex Staff (F) /
Deep Class (D)From To
NSWB BLUEPRINT TECHNICIAN 2,587.95$ 3,145.67$
NSSA ENGINEERING RECORD TEC SP 4,133.81$ 5,024.67$
NPSA ENGINEERING RECORDS TECH 3,526.01$ 4,285.89$
NSTH ENGINEERING TECHNICIAN-ENTRY F, D Res # 07/138 3,748.19$ 4,346.75$
NSTJ ENGINEERING TECHNICIAN-JOURNEY F, D Res # 07/138 4,452.90$ 5,164.00$
NSTK ENGINEERING TECHNICIAN-SENIOR F, D Res # 07/138 5,290.12$ 6,288.28$
N9SC HYDROGRAPHER 4,678.45$ 5,686.68$
NSTG SR ENGINEERING RECORDS TECH 4,279.58$ 5,201.86$
N9SD SR HYDROGRAPHER 5,449.08$ 6,623.40$
Job Code Class Title
Flex Staff (F) /
Deep Class (D)From To
X7HE EX CUSTOMER SVCS SUPERVISOR 4,788.03$ 6,114.51$
XHHA ELIGIBILITY WORK SUPERVISOR I 4,788.03$ 6,114.51$
XHS1 GENERAL ASSISTANCE HEAR REP-PR 5,029.13$ 6,112.94$
XHSA GENERAL ASSISTANCE HEARING REP 5,029.13$ 6,112.94$
XLHA SOC SVC WELF FRAUD INV SUPV 5,294.84$ 6,435.92$
** XAHA SOC SVC FRAUD PREV SUPV 5,565.71$ 6,765.16$
Job Code Class Title
Flex Staff (F) /
Deep Class (D)From To
** 7KHA INST SUPERVISOR I 5,630.16$ 6,843.49$
** 7AHA PROBATION SUPERVISOR I 6,118.45$ 7,437.01$
Job Code Class Title
Flex Staff (F) /
Deep Class (D)From To
DATA ASSOC APPRAISER 5,358.13$ 6,512.84$
DAVA ASST APPRAISER F 4,492.33$ 5,460.45$
DAWA JUNIOR APPRAISER F 4,483.44$ 4,942.99$
Engineering Technician Unit
Salary Range
Income Maintence Program Unit
Salary Range
Probation Supervisors Unit
Salary Range
Property Appraisers Unit
Salary Range
** Safety Classifications 1 of 2
AFSCME, Local 512
CLASS AND SALARY LISTING
Effective 7/1/2014
Attachment A
Job Code Class Title
Flex Staff (F) /
Deep Class (D) From To
XQHI CALWIN HELP DESK SUPERVISOR 5,284.37$ 6,423.19$
XQHH CALWIN ON-SITE SUPPORT SUPERVI 5,160.28$ 6,272.35$
XQWD SOC SVC INFO SYST ANALYST F 4,954.99$ 6,022.82$
XQW7 SOC SVC INFO SYST ANALYST-PRJ F 4,954.99$ 6,022.82$
X4SH SOC SVC PROGRAM ANALYST 5,492.42$ 6,676.07$
X4S3 SOC SVC PROGRAM ANALYST-PRJ 5,492.42$ 6,676.07$
X4SK SOC SVC STAFF DEV SPECIALIST 5,492.42$ 6,676.07$
X4S4 SOC SVC STAFF DEV SPECIALIST-P 5,492.42$ 6,676.07$
XQVC SR SOC SVC INFO SYS ANALYST F 6,662.17$ 7,345.04$
XQV2 SR SOC SVS INFO SYS ANALYST-P 6,662.17$ 7,345.04$
Job Code Class Title
Flex Staff (F) /
Deep Class (D) From To
JDHD ACCOUNT CLERK SUPERVISOR 4,062.33$ 5,187.76$
VAHB AMBULATORY CARE CLIN COORD 4,550.53$ 5,531.19$
JWHF CLERICAL SUPERVISOR 3,866.12$ 4,937.19$
SMTB COLLECTION ENFORCEMENT SUPV 4,523.57$ 5,498.43$
NBHA ENGINEERING RECORDS TECH SUPV 4,279.58$ 5,201.86$
JDHT FAM SUPT PAYMENT DISTR SUPVR 5,185.89$ 5,185.89$
VCHC HEALTH SVCS APPT SYSTEM COORD 4,550.53$ 5,531.19$
LTHA INFO SYS ASSISTANT SUPERVISOR 3,930.25$ 4,777.24$
V9HE PATIENT FINANCIAL SVCS SUPVR 4,369.49$ 5,311.15$
VITA REGISTERED HEALTH INFO TECH 4,060.79$ 4,935.91$
SMSA REVENUE COLLECTIONS ADM ASST 4,084.99$ 4,965.32$
JWHC SUPERVISING ASSESSMENT CLERK 3,835.61$ 4,898.23$
Salary Range
Social Svcs Staff Special Unit
Salary Range
Supervisory Clerical Unit
** Safety Classifications 2 of 2
ATTACHMENT B
AFSCME, LOCAL 512 1 of 2 2013-2016 MOU
MEDICAL/DENTAL PLANS
Coverages Offered
The County offers the following plans:
Contra Costa Health Plans (CCHP), Kaiser Permanente, Health Net, Delta Dental and Delta
Care (PMI) Dental.
Co-Pays
The health plan co-pays are as follows:
CCHP A: $0 Office Visit in the RMC Network
$0 Preferred Generic RX
$0 Preferred Brand RX
$0 Non-Preferred Brand RX
CCHP B: $0 Office Visit in the RMC Network
$5 Office Visit in the CPN Network
$3 Preferred Generic RX
$3 Preferred Brand RX
$3 Non-Preferred Brand RX
KAISER PERMANENTE PLAN A: $10 Office Visit
$10 Preferred Generic RX
$20 Preferred Brand RX
$20 Non-Preferred Brand RX
$10 Emergency Room
KAISER PERMANENTE PLAN B: $500 Deductible Per Person
$1000 Deductible Per Family
$20 Office Visit copay (not subject to deductible)
$20 Urgent Care Copay (not subject to deductible)
$10 Lab & X-ray Copay (not subject to deductible)
$10 Preferred Generic RX
$30 Preferred Brand RX
$30 Non-Preferred Brand RX
10% Co-insurance After Deductible for Inpatient
Hospital, Outpatient Surgical and Emergency Room
$3000 per person and $6000 per family Annual Out of
Pocket Maximum
ATTACHMENT B
AFSCME, LOCAL 512 2 of 2 2013-2016 MOU
HEALTH NET HMO PLAN A: $10 Office Visit
$10 Preferred Generic RX
$20 Preferred Brand RX
$35 Non-Preferred Brand or Generic RX
$25 Emergency Room
HEALTH NET HMO PLAN B: $20 Office Visit
$50 Urgent Care Visit
$1,000 Inpatient Hospital Co-pay
$500 Out-Patient Surgical Co-pay
$100 Emergency Room Co-Pay
$10 Preferred Generic RX
$20 Preferred Brand RX
$35 Non-Preferred Brand or Generic RX
$2000 per person and $6000 per family Annual Out of
Pocket Maximum
HEALTH NET PPO PLAN A: $10 Office Visit in Network
$5 Preferred Generic RX
$5 Preferred Brand RX
$5 Non-Preferred Brand or Generic RX
$50 Emergency Room Deductible
HEALTH NET PPO PLAN B: $500 Deductible Per Person
$1500 Deductible Per Family
$20 Office Visit in Network
80% / 20% For Most In-Network Benefit
60% / 40% For Most Out of Network Benefit
$10 Preferred Generic RX
$20 Preferred Brand RX
$35 Non-Preferred Brand and Generic RX
ATTACHMENT C
AFSCME, LOCAL 512 1 2013-2016 MOU
PROJECT POSITIONS
Professional and Technical Employees, AFSCME, Local 512, and the County have
met and conferred in good faith regarding wages, hours and other terms and
conditions of employment for employees in project classes which, except for the
project designation, would be represented by Professional and Technical
Employees, AFSCME, Local 512. For example, Engineering Technician I is
represented by Professional and Technical Employees, therefore, it has been
agreed that Engineering Technician I-Project will also be represented by
Professional and Technical Employees, AFSCME, Local 512.
Other project classes that are not readily identifiable as properly included in
bargaining units represented by Professional and Technical Employees shall be
assigned to bargaining units in accordance with the provisions of Section 34-
12.015 of Board Resolution 81/1165.
The Union and the County understand that the meet and confer process with
respect to the conditions of employment for project classifications is unique and,
therefore, differs from other regular classes represented by Professional and
Technical Employees in the following respects:
1. Project employees are not covered by the Merit System;
2. project employees may be separated from service at any time without
regard to the provisions of this Memorandum of Understanding, without
right of appeal or hearing or recourse to the grievance procedure specified
herein; and
3. any provisions of this Memorandum of Understanding which pertains to
layoff or seniority are not applicable to project employees.
ATTACHMENT H
AFSCME, LOCAL 512 1 of 2 2013-2016 MOU
Special Pays for Permanent-Intermittent Employees
All Employees
Type of Pay (Pay Code) MOU Section
Jury Duty-Scheduled Work Day
(JRY)
Sec. 19
Military Leave (MLX) Sec. 18.4
FLSA Overtime (OTF) None
Sick Leave Hours Taken (SCK,
SCK-2BS, SCK-2FS, SCK-2RS,
SCK-CAT, SCK-FML)
Sec. 43
Vacation Hours Taken (VAC,
VAC-1, VAC-FML)
Sec. 43
Shift Pay 5% (SH2) Sec. 10
Classification/Org Specific
1. Property Appraisers Unit
Type of Pay (Pay
Code)
MOU
Section
Eligible Job
Classification(s)
Applicable Assigned Org
(Org#)
County Overtime
(OPT)
7.1
2. Supervisory Clerical Unit
Type of Pay (Pay
Code)
MOU
Section
Eligible Job
Classification(s)
Applicable Assigned Org
(Org#)
Detention Facility
Assignment Pay 5%
(HZS)
5.2 1. Martinez Detention
Facility (2578)
2. West County Detention
Facility (2580)
3. Marsh Creek Detention
Facility (2585)
3. Engineering Technician Unit
Type of Pay (Pay
Code)
MOU
Section
Eligible Job
Classification(s)
Applicable Assigned Org
(Org#)
County Overtime
(OPT)
7.1
ATTACHMENT H
AFSCME, LOCAL 512 2 of 2 2013-2016 MOU
4. Probation Supervisors Unit
Type of Pay (Pay
Code)
MOU
Section
Eligible Job
Classification(s)
Applicable Assigned Org
(Org#)
County Overtime
(OPT)
7.1 Institutional Supervisor I
(7KHA)
1. Juvenile Hall (3120)
2. Byron Boys Center (3160)
Building Supervisor
Differential 9%
(D50)
5.16 Institutional Supervisor I
(7KHA)
1. Juvenile Hall (3120)
2. Byron Boys Center (3160)
5. Social Service Staff Specialist Unit
Type of Pay (Pay
Code)
MOU
Section
Eligible Job
Classification(s)
Applicable Assigned Org
(Org#)
On-Call (N13) 9
ATTACHMENT I
AFSCME, LOCAL 512 1 of 1 2013-2016 MOU
Special Pays for Temporary Employees
All Employees
Type of Pay (Pay Code) MOU Section
FLSA Overtime (OTF) None
Shift Pay 5% (SH2) Sec. 10
Classification/Org Specific
1. Property Appraisers Unit
Type of Pay (Pay
Code)
MOU
Section
Eligible Job Classification(s) Applicable Assigned Org (Org#)
County Overtime
(OPT)
7.1
2. Supervisory Clerical Unit
Type of Pay (Pay
Code)
MOU
Section
Eligible Job Classification(s) Applicable Assigned Org (Org#)
Detention Facility
Assignment Pay 5%
(HZS)
5.2 1. Martinez Detention Facility
(2578)
2. West County Detention
Facility (2580)
3. Marsh Creek Detention
Facility (2585)
3. Engineering Technician Unit
Type of Pay (Pay
Code)
MOU
Section
Eligible Job Classification(s) Applicable Assigned Org (Org#)
County Overtime
(OPT)
7.1
4. Probation Supervisors Unit
Type of Pay (Pay
Code)
MOU
Section
Eligible Job Classification(s) Applicable Assigned Org (Org#)
County Overtime
(OPT)
7.1 Institutional Supervisor I
(7KHA)
1. Juvenile Hall (3120)
2. Byron Boys Center (3160)
ATTACHMENT L
AFSCME, LOCAL 512 2013-2016 MOU
APPRAISER PAY STUDY – AFSCME, LOCAL 512
The County agrees to perform a pay study for each of the following
classifications by November 1, 2014:
CLASSIFICATION JOB CODE
ASSOCIATE APPRAISER DATA
ASSISTANT APPRAISER DAVA
JUNIOR APPRAISER DAWA
The County agrees to meet and confer regarding the results of the pay study.
The Union agrees not to file an Unfair Practice Charge with the Public Employee
Relations Board or a grievance with the County regarding the pay study.