HomeMy WebLinkAboutRESOLUTIONS - 02012011 - 2011/62 att 1Contra Costa County and the Contra Costa County Public Defenders Association Tentative
Agreement
February 5, 2011
MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND THE
CONTRA COSTA COUNTY PUBLIC DEFENDERS ASSOCIATION
Section 0 Background -
0.1 Preamble. This Memorandum of Understanding (MOU) is entered into pursuant to
the authority contained in Division 34 of Board of Supervisors’ Resolution 81/1165 and
has been jointly prepared by the parties. The Chief of Labor Relations (County
Administrator) is the representative of Contra Costa County in employer-employee
relations matters as provided in Board of Supervisors Resolution 81/1165.
The parties have met and conferred in good faith regarding wages, hours and other
terms and conditions of employment for the employees in units in which the Association
is the recognized representative, have freely exchanged information, opinions and
proposals and have endeavored to reach agreement on all matters relating to the
employment conditions and employer-employee relations covering such employees.
This MOU shall be presented to the Contra Costa County Board of Supervisors, as the
governing board of the County and appropriate fire districts, as the joint
recommendations of the undersigned for salary and employee benefit adjustments for
the period commencing on the date it is ratified and adopted by the Contra Costa
County Board of Supervisors and ending June 30, 2011 as described in subsection
38.4, Duration of Agreement, of this MOU.
0.2 DEFINITIONS
A. Appointing Authority: Department Head unless otherwise provided by statute or
ordinance.
B. Association: The Contra Costa County Public Defenders Association.
C. Class: A group of positions sufficiently similar with respect to the duties and
responsibilities that similar selection procedures and qualifications may apply and
that the same descriptive title may be used to designate each position allocated to
the group.
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Contra Costa County and the Contra Costa County Public Defenders Association Tentative
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February 5, 2011
D. Class Title: The designation given to a class, to each position allocated to the class,
and to the employees allocated to the class.
E. County: Contra Costa County.
F. Demotion: The change of a permanent employee to another position in a class
allocated to a salary range for which the top step is lower than the top step of the
class which the employee formerly occupied except as provided for under Transfer
or as otherwise provided for in this MOU, in the Personnel Management
Regulations, or in specific resolutions governing deep classes.
G. Director of Human Resources: The person designated by the County
Administrator to serve as the Assistant County Administrator-Director of Human
Resources.
H. Eligible: Any person whose name is on an employment or reemployment or layoff
list for a given class.
I. Employee: A person who is an incumbent of a position or who is on leave of
absence in accordance with provisions of this MOU and whose position is held
pending his return.
J. Employment List: A list of persons who have been found qualified for employment
in a specific class.
K. Layoff List: A list of persons who have occupied positions allocated to a class in
the Merit System and who have been involuntarily separated by layoff or
displacement or demoted by displacement, or have voluntarily demoted in lieu of
layoff or displacement, or have transferred in lieu of layoff or displacement.
L. Permanent 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.
M. Permanent Position: Any position which has required, or which will require the
services of an incumbent without interruption, for an indefinite period.
N. 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.
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February 5, 2011
O. Position: The assigned duties and responsibilities calling for the regular full-time,
part-time or intermittent employment of a person.
P. 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.
Q. 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.
R. 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.
S. Resignation: The voluntary termination of permanent employment with the County.
T. Temporary Employment: Any employment in the Merit System which will require
the services of an incumbent for a limited period of time, paid on an hourly basis, not
in an allocated position or in permanent status.
U. Transfer: The change of an employee who has permanent status in a position to
another position in the same class in a different department, or to another position in
a class which is allocated to a range on the salary plan that is within five percent
(5%) at top step as the class previously occupied by the employee.
SECTION 1 - ASSOCIATION RECOGNITION
The Association is the formally recognized employee organization for the Public
Defenders Representation Unit certified pursuant to Board of Supervisors’ Resolution
81/1165.
SECTION 2 - ASSOCIATION SECURITY
2.1 Dues Deduction. Pursuant to Board of Supervisors’ Resolution 81/1165, only a
majority representative may have dues deduction and as such the Association has
the exclusive privilege of dues deduction or agency fee deduction for all employees
in its units.
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February 5, 2011
2.2 Agency Shop.
A. The Association agrees that it has a duty to provide fair and non-discriminatory
representation to all employees in all classes in the units for which this section is
applicable regardless of whether they are members of the Association.
B. All employees employed in a representation unit on or after the effective date of this
MOU and continuing until the termination of the MOU, shall as a condition of
employment either:
1. Become and remain a member of the Association and pay initiation fees, full
dues and assessments or;
2. Pay to the Association, an agency shop fee in an amount which does not exceed
an amount which may be lawfully collected under applicable constitutional,
statutory, and case law, which under no circumstances shall exceed the monthly
dues, initiation fees and general assessments made during the duration of this
MOU. It shall be the sole responsibility of the Association to determine an
agency shop fee which meets the above criteria; or
3. A person who objects to paying dues and assessments to the Association on
religious grounds shall do both of the following:
a. Execute a written declaration that the employee is a member of a bona fide
religion, body or sect which has historically held a conscientious objection to
joining or financially supporting any public employee organization as a
condition of employment; and
b. Shall pay a sum equal to the full fees described in subsection 2.2 (Agency
Shop) paragraph B sub-paragraph 1 above to a non-religious, non-labor,
charitable fund chosen by the employee from the following charities: Family
and Children's Trust Fund, Child Abuse Prevention Council, or Battered
Women's Alternative.
C. The Association shall provide the County with a copy of the Association's Hudson
Notice for the determination and protest of its agency shop fees. The Association
shall provide a copy of said Hudson Notice to every fee payer covered by this MOU
within one month from the date it is approved and annually thereafter, and as a
condition to any change in the agency shop fee. Failure by an employee to invoke
the Association's Hudson Notice procedure within one month after actual receipt of
the Hudson Notice shall be a waiver by the employee of his or her right to contest
the amount of the agency shop fee.
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February 5, 2011
D. The provisions of subsection 2.2 (Agency Shop) paragraph B sub-paragraph 2 shall
not apply during periods that an employee is separated from the representation unit
but shall be reinstated upon the return of the employee to the representation unit.
The term separation includes transfer out of the unit, layoff, and leave of absence
with duration of more than thirty (30) days.
E. Annually, the Association shall provide the Director of Human Resources with copies
of the financial report required under MMBA section 3502.5(f). Such report shall be
available to employees in the unit. Failure to file such a report within sixty (60) days
after the end of its fiscal year shall result in the termination of all agency shop fee
deductions without jeopardy to any employee, until said report is filed, and upon
mutual agreement, this time limit may be extended to one hundred twenty (120)
days.
F. Compliance.
1. An employee employed in or hired into a job class represented by the
Association shall be provided with an Employee Authorization for Payroll
Deduction card by the Human Resources Department.
2. If the form authorizing payroll deduction is not returned within thirty (30) calendar
days after notice of this agency shop fee provision and the Association dues,
agency shop fee, initiation fee or charitable contribution required under
subsection 2.2 (Agency Shop) paragraph B subparagraph 3 are not received, the
Association may, in writing, direct that the County withhold the agency shop fee
and the initiation fee from the employee's salary, in which case the employee's
monthly salary shall be reduced by an amount equal to the agency shop fee and
the County shall pay an equal amount to the Association.
G. The Association shall indemnify, defend, and save the County harmless against any
and all claims, demands, suits, orders, or judgments, or other forms of liability that
arise out of or by reason of this Association security section, or action taken or not
taken by the County under this Section. This includes, but is not limited to, the
County's attorneys' fees and costs. The provisions of this subsection shall not be
subject to the grievance procedure following the adoption of this MOU by the County
Board of Supervisors.
H. The County Human Resources Department shall monthly furnish a list of all new
hires to the Association.
I. If employees in a bargaining unit represented by the Association vote to rescind
agency shop, the provisions of Subsections 2.4 (Maintenance of Membership) and
2.5 (Withdrawal of Membership) shall apply to dues-paying members of the
Association.
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February 5, 2011
2.3 Dues Form. Employees in classifications represented by the Association shall,
as a condition of employment, complete an Association dues authorization card
provided by the Association and shall have deducted from their paychecks the
membership dues of the Association. Said employees shall have thirty (30) days from
the date of hire to decide if he/she does not want to become a member of the
Association. Such decision not to become a member of the Association must be made
in writing to the Auditor-Controller with a copy to the Labor Relations Service Unit within
said thirty (30) day period. If the employee decides not to become a member of the
Association, any Association dues previously deducted from the employee's paycheck
shall be returned to the employee and said amount shall be deducted from the next
dues deduction check sent to the Association. If the employee does not notify the
County in writing of the decision not to become a member within the thirty (30) day
period, he/she shall be deemed to have voluntarily agreed to pay the dues of the
Association.
Each such dues authorization form referenced above shall include a statement that the
Association and the County have entered into a MOU, that the employee is required to
authorize payroll deductions of Association dues as a condition of employment, and that
such authorization may be revoked within the first thirty (30) days of employment upon
proper written notice by the employee within said thirty (30) day period as set forth
above. Each such employee shall, upon completion of the authorization form, receive a
copy of said authorization form which shall be deemed proper notice of his/her right to
revoke said authorization.
2.4 Maintenance of Membership. All employees in units represented by the
Association who are currently paying dues to the Association and all employees in such
units who hereafter become members of the Association shall as a condition of
continued employment pay dues to the Association for the duration of this MOU and
each year thereafter so long as the Association continues to represent the position to
which the employee is assigned, unless the employee has exercised the option to
cease paying dues in accordance with subsection 2.5 (Withdrawal of Membership).
2.5 Withdrawal of Membership. By notifying the Auditor-Controller's Department in
writing, between April 1, 2011 and April 30, 2011, any employee may withdraw from
Association membership and discontinue paying dues as of the payroll period
commencing June 1, 2011, discontinuance of dues payments to then be reflected in the
July 10, 2011 paycheck. Immediately upon close of the above mentioned thirty (30) day
period the Auditor-Controller shall submit to the Association a list of the employees who
have rescinded their authorization for dues deduction. This can only be accomplished if
and when agency shop would be rescinded.
2.6 Communicating With Employees. Representatives of the Association, not on
County time, shall be permitted to place employee literature at designated locations in
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County buildings if arranged through the Department Head or designated
representative.
2.7 Use of County Buildings. The Association shall be allowed the use of areas
normally used for meeting purposes for meetings of County employees during non-work
hours when:
A. Such space is available.
B. There is no additional material cost to the County.
C. It does not interfere with normal County operations.
D. Employees in attendance are not on duty and are not scheduled for duty.
E. The meetings are on matters within the scope of representation. The
administrative official responsible for the space shall establish and maintain
scheduling of such uses. The Association shall maintain proper order at the
meeting, and see that the space is left in a clean and orderly condition. The use
of County equipment (other than items normally used in the conduct of business
meetings, such as desks, chairs, ashtrays, and blackboards) is strictly prohibited,
even though it may be present in the meeting area.
2.8 Advance Notice. The Association shall, except in cases of emergency, have the
right to reasonable notice of any ordinance, rule, resolution or regulation directly relating
to matters within the scope of representation proposed to be adopted by the Board, or
boards and commissions appointed by the Board, and to meet with the body
considering the matter. The listing of an item on a public agenda, or the mailing of a
copy of a proposal at least seventy-two (72) hours before the item will be heard, or the
delivery of a copy of the proposal at least twenty-four (24) hours before the item will be
heard, shall constitute notice. In cases of emergency when the Board, or boards and
commissions appointed by the Board, determines it must act immediately without such
notice or meeting, it shall give notice and opportunity to meet as soon as practical after
its action.
2.9 Written Statement for New Employees. The County will provide a written
statement to each new employee hired into a classification in any of the bargaining units
represented by the Association, that the employee's classification is represented by the
Association and the name of a representative of the Association. The County will
provide the employee with a packet of information which has been supplied by the
Association and approved by the County. The County shall provide an opportunity for
the Association to make a fifteen (15) minute presentation at the end of the Human
Resources Department’s new employee orientation meetings.
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2.10 Assignment of Classes to Bargaining Units. The County shall assign new
classes in accordance with the following procedure:
A. Initial Determination. When a new class title is established, the Chief of Labor
Relations shall review the composition of existing representation units to
determine the appropriateness of including some or all of the employees in the
new class in one or more existing representation units, and within a reasonable
period of time shall notify all recognized employee organizations of his/her
determination.
B. Final Determination. His/her determination is final unless within ten (10) days
after notification a recognized employee organization requests in writing to meet
and confer thereon.
C. Meet and Confer and Other Steps. He/she shall meet and confer with such
requesting organizations (and with other recognized employee organizations
where appropriate) to seek agreement on this matter within sixty (60) days after
the ten (10) day period in subsection 2.1 (Assignment of Classes To Bargaining
Units) paragraph B, unless otherwise mutually agreed. Thereafter, the
procedures in cases of disagreement, arbitration referral and expenses, and
criteria for determination shall conform to Board of Supervisor's Resolution
81/1165.
SECTION 3 - NO DISCRIMINATION/AMERICANS WITH DISABILITIES ACT (ADA)
To the extent prohibited by applicable law the County shall not discriminate against an
employee because of sex, race, creed, color, national origin, sexual orientation, age,
disability or Association activities .
The County and the Association recognize that the Employer has an obligation to
reasonably accommodate a qualified employee with a disability. If the County
contemplates a reasonable accommodation to comply with the Americans with
Disabilities Act (ADA) or the California Fair Employment and Housing Act (FEHA) and
such accommodation would conflict with any provision of this Agreement, the County
will notify the Association of the proposed accommodation. Upon request within ten
(10) days following such notice, the Association may request that the County meet and
confer with the Association on the impact of such accommodation. The Parties will
meet within seven (7) days following the County’s receipt of such notice to meet and
confer.
If the County and the Association do not reach agreement, the County may implement
the accommodation if required by law without further negotiations. Nothing in this MOU
shall preclude the County from taking actions necessary to comply with the
requirements of the ADA or FEHA.
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SECTION 4 - ASSOCIATION REPRESENTATIVES
4.1 Attendance at Meetings. Employees designated as Association representatives
shall be allowed to attend meetings held by County agencies during regular working
hours on County time as follows:
A. If their attendance is required by the County at a specific meeting, including
meetings of the Board of Supervisors.
B. If their attendance is sought by a hearing body or presentation of testimony or
other reasons.
C. If their attendance is required for meetings scheduled at reasonable times
agreeable to all parties, required for settlement of grievances filed pursuant to
Section 21 (Grievance Procedure) of this MOU.
D. If they are designated as an Association representative, in which case they may
utilize a reasonable time at each level of the proceedings to assist an employee
to present a grievance provided the meetings are scheduled at reasonable times
agreeable to all parties.
E. If they are designated as spokesperson or representative of the Association and
as such make representations or presentations at meetings or hearings on
wages, salaries and working conditions; provided in each case advance
arrangements for time away from the employee's work station or assignment are
made with the appropriate department head, and the County agency calling the
meeting is responsible for determining that the attendance of the particular
employee(s) is required, including meetings of the Board of Supervisors and
Retirement Board where items which are within the scope of representation and
involving the Association are to be discussed.
F. Association representatives shall advise, as far in advance as possible, their
immediate supervisor, or his/her designee, of their intent to engage in
Association business. All arrangements for release time shall include the
location, the estimated time needed and the general nature of the Association
business involved (e.g. grievance meeting, Skelly hearing).
G. Official representatives of the Association shall be allowed time off on County
time for meetings during regular working hours when formally meeting and
conferring in good faith or consulting with the Chief of Labor Relations or
designee or other management representatives on matters within the scope of
representation, provided that the number of such representatives shall not
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exceed two (2) without prior approval of the Labor Relations Officer, and that
advance arrangements for the time away from the work station or assignment
are made with the appropriate Department Head.
4.2 Association-Sponsored Training Programs. The County shall provide a
maximum of twenty-four (24) hours per year of release time for Association designated
representatives to attend Association-sponsored training programs. Requests for
release time shall be provided in writing to the Department and the County Human
Resources Department at least fifteen (15) days in advance of the time requested.
Department Heads will reasonably consider each request and notify the affected
employee whether such request is approved within one (1) week of receipt.
SECTION 5 - SALARIES
5.1 General Wages.
A. The base salaries and wages of bargaining unit members are those set forth in
Attachment A of this Memorandum of Understanding. The Parties acknowledge
that they have entered into a separate Implementation Agreement regarding
Agreed Upon Temporary Absences (“ATA”), adopted at the same time as this
MOU and attached to the MOU as Attachment C.
B. Longevity Pay. Employees at ten (10) years of County service shall receive a
two and one-half percent (2.5%) longevity pay differential. Employees at fifteen
(15) years of County service shall receive an additional two and one-half percent
(2.5%) longevity pay differential.
5.2 Entrance Salary. New employees shall generally be appointed at the minimum
step of the salary range established for the particular class of position to which the
appointment is made. However, the appointing authority may fill a particular position at
a step above the minimum of the range if mutually agreeable guidelines have been
developed in advance or the Director of Human Resources (or designee) offers to meet
and confer with the Association on a case by case basis each time prior to formalizing
the appointment.
5.3 Anniversary Dates. Anniversary dates will be set as follows:
A. New Employees. The anniversary date of a new employee is the first day of the
calendar month after the calendar month when the employee successfully
completes six (6) months service provided however, if an employee began work on
the first regularly scheduled workday of the month the anniversary date is the first
day of the calendar month when the employee successfully completes six (6)
months service.
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B. Promotions. The anniversary date of a promoted employee is determined as for a
new employee in subsection 5.3 (Anniversary Dates) Paragraph A (New
Employees) above.
C. Demotions. The anniversary of a demoted employee is the first day of the calendar
month after the calendar month when the demotion was effective.
D. Transfer, Reallocation & Reclassification. The anniversary date of an employee who
is transferred to another position or one whose position has been reallocated or
reclassified to a class allocated to the same salary range or to a salary range which
is within five percent (5%) of the top step of the previous classification, remains
unchanged.
E. Reemployment. The anniversary of an employee appointed from a reemployment
list to the first step of the applicable salary range and not required to serve a
probation period is determined in the same way as the anniversary date is
determined for a new employee who is appointed the same date, classification and
step and who then successfully completes the required probationary period.
F. Notwithstanding other provisions of this Section 5 (Salaries), the anniversary of an
employee who is appointed to a classified position from outside the County's merit
system at a rate above the minimum salary for the employee's new class, or who is
transferred from another governmental entity to this County's merit system, is one
(1) year from the first day of the calendar month after the calendar month when the
employee was appointed or transferred; provided however, when the appointment
or transfer is effective on the employee's first regularly scheduled work day of that
month, his/her anniversary date is one (1) year after the first calendar day of that
month.
5.4 Increments Within Range. The performance of each employee, except those of
employees already at the maximum salary step of the appropriate salary range, shall be
reviewed on the anniversary date as set forth in subsection 5.3 (Anniversary Dates) to
determine whether the salary of the employee shall be advanced to the next higher step
in the salary range.
Advancement shall be granted on the affirmative recommendation of the appointing
authority, based on satisfactory performance by the employee. The appointing authority
may recommend denial of the increment or denial subject to one additional review at
some specified date before the next anniversary which must be set at the time the
original report is returned. Except as herein provided, increments within range shall not
be granted more frequently than once a year, nor shall more than one (1) step within
range increment be granted at one time. In case an appointing authority recommends
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denial of the within range increment on some particular anniversary date, but
recommends a special salary review at some date before the next anniversary the
special salary review shall not affect the regular salary review on the next anniversary
date. Nothing herein shall be construed to make the granting of increments mandatory
on the County. If an operating department verifies in writing that an administrative or
clerical error was made in failing to submit the documents needed to advance an
employee to the next salary step on the first of the month when eligible, said
advancement shall be made retroactive to the first of the month when eligible.
5.5 Part-Time Compensation. A part-time employee shall be paid a monthly salary in
the same ratio to the full-time monthly rate to which the employee would be entitled as a
fulltime employee under the provisions of this Section 5 (Salaries), as the number of
hours per week in the employee's part-time work schedule bears to the number of hours
in the full-time work schedule of the department.
5.6 Compensation for Portion of Month. Any employee who works less than any full
calendar month, except when on earned vacation or authorized sick leave, shall receive
as compensation for services an amount which is in the same ratio to the established
monthly rate as the number of days worked is to the actual working days in such
employee's normal work schedule for the particular month; but if the employment is
intermittent, compensation shall be on an hourly basis.
5.7 Position Reclassification. An employee who is an incumbent of a position which
is reclassified to a class which is allocated to the same range of the basic salary
schedule as is the class of the position before it was reclassified, shall be paid at the
same step of the range as the employee received under the previous classification.
An incumbent of a position which is reclassified to a class which is allocated to a lower
range of the basic salary schedule shall continue to receive the same salary as before
the reclassification, but if such salary is greater than the maximum of the range of the
class to which the position has been reclassified, the salary of the incumbent shall be
reduced to the maximum salary for the new classification. The salary of an incumbent
of a position which is reclassified to a class which is allocated to a range of the basic
salary schedule greater than the range of the class of the position before it was
reclassified shall be governed by the provisions of subsection 5.9 (Salary on
Promotion).
5.8 Salary Reallocation & Salary on Reallocation.
A. In a general salary increase or decrease, an employee in a class which is reallocated
to a salary range above or below that to which it was previously allocated, when the
number of steps remain the same, shall be compensated at the same step in the
new salary range the employee was receiving in the range to which the class was
previously allocated. If the reallocation is from one salary range with more steps to
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a range with fewer steps or vice versa, the employee shall be compensated at the
step on the new range which is in the same percentage ratio to the top step of the
new range as was the salary received before reallocation to the top step of the old
range, but in no case shall any employee be compensated at less than the first step
of the range to which the class is allocated.
B. If a classification is reallocated from a salary range with more steps to a salary range
with fewer steps on the salary schedule, apart from the general salary increase or
decrease described in subsection 5.8 (Salary Reallocation & Salary on Reallocation)
paragraph A, each incumbent of a position in the reallocated class shall be placed
upon the step of the new range which equals the rate of pay received before the
reallocation. If the steps in the new range do not contain the same rates as the old
range, each incumbent shall be placed at the step of the new range which is next
above the salary rate received in the old range, or if the new range does not contain
a higher step, at the step which is next lower than the salary received in the old
range.
C. If an employee is in a position which is reallocated to a different class allocated to a
salary range the same as above or below the salary range of the employee's
previous class, the incumbent shall be placed at the step in the new class which
equals the rate of pay received before reallocation. If the steps in the range for the
new class do not contain the same rates as the range for the old class, the
incumbent shall be placed at the step of the new range which is next above the
salary rate received in the old range; or if the new range does not contain a higher
step, the incumbent shall be placed at the step which is next lower than the salary.
5.9 Salary on Promotion. Any employee who is appointed to a position of a class
allocated to a higher salary range than the class previously occupied, except as
provided under Section 5.12 (Pay for Work in a Higher Classification), shall receive the
salary in the new salary range which is next higher than the rate received before
promotion. If this increase is less than five percent (5%), the employee's salary shall be
adjusted to the step in the new range which is at least five percent (5%) greater than the
next higher step; provided however that the next step shall not exceed the maximum
salary for the higher class. Upon appointment of a laid off employee from the layoff list
to the class from which the employee was laid off, the employee shall be appointed at
the step which the employee had formerly attained in the higher class unless such step
results in a decrease in which case the employee is appointed to the next higher step.
If, however, the employee is being appointed into a class allocated to a higher salary
range than the class from which the employee was laid off, the salary will be calculated
from the highest step the employee achieved prior to layoff, or from the employee’s
current step, whichever is higher.
5.10 Salary on Involuntary Demotion. Any employee who is demoted, except as
provided under subsection 5.11 (Salary on Voluntary Demotion), shall have his/her
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salary reduced to the monthly salary step in the range for the class of position to which
he/she has been demoted next lower than the salary received before demotion. If this
decrease is less than five percent (5%), the employee's salary shall be adjusted to the
step in the new range which is five percent (5%) less than the next lower step; provided,
however, that the next step shall not be less than the minimum salary for the lower
class. Whenever the demotion is the result of layoff, cancellation of positions or
displacement by another employee with greater seniority rights, the salary of the
demoted employee shall be that step on the salary range which he/she would have
achieved had he/she been continuously in the position to which he/she has been
demoted, all within-range increments having been granted.
5.11 Salary on Voluntary Demotion. Whenever any employee voluntarily demotes to
a position in a class having a salary schedule lower than that of the class from which he
or she demotes, his or her salary shall remain the same if the steps in his or her new
(demoted) salary range permit, and if not, the new salary shall be set at the step next
below former salary.
5.12 Pay for Work in Higher Classification. When an employee in a permanent
position in the merit system is required to work in a classification for which the
compensation is greater than that to which the employee is regularly assigned, the
employee shall receive compensation for such work at the rate of pay established for
the higher classification pursuant to subsection 5.9 (Salary on Promotion) of this
Memorandum of Understanding, at the start of the second full day in the assignment,
under the following conditions. Payment shall be made retroactive after completing the
first forty (40) consecutive hours worked in the higher classification.
A. When an employee is assigned to a program, service or activity established by
the Board of Supervisors which is reflected in an authorized position which has
been classified and assigned to the Salary Schedule.
B. The nature of the departmental assignment is such that the employee in the
lower classification performs a majority of the duties and responsibilities of the
position of the higher classification.
C. Employee selected for the assignment will normally be expected to meet the
minimum qualifications for the higher classification.
D. The County shall make reasonable efforts to offer out of class assignments to all
interested employees on a voluntary basis. Pay for work in a higher
classification shall not be utilized as a promotional procedure provided in this
Memorandum of Understanding.
E. Higher pay assignments shall not exceed six (6) months except through
reauthorization.
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F. If approval is granted for pay for work in a higher classification and the
assignment is terminated and later re-approved for the same employee within
one hundred eighty days (180) no additional waiting period will be required.
G. Any incentives (e.g., the education incentive) and special differentials (e.g.,
bilingual differential) accruing to the employee in his/her permanent position
shall continue.
H. During the period of work for higher pay in a higher classification, an employee
will retain his/her permanent classification, and anniversary and salary review
dates will be determined by time in that classification; except that if the period of
work for higher pay in a higher classification exceeds one year continuous
employment, the employee, upon satisfactory performance in the higher
classification, shall be eligible for a salary review in that class on his/her next
anniversary date. Notwithstanding any other salary regulations, the salary step
placement of employees appointed to the higher class immediately following
termination of the assignment shall remain unchanged.
I. Allowable overtime pay, shift differentials and/or work location differentials will be
paid on the basis of the rate of pay for the higher class.
5.13 Payment. On the tenth (10th) day of each month, the Auditor will draw a warrant
upon the Treasurer in favor of each employee for the amount of salary due the
employee for the preceding month; provided however, that each employee (except
those paid on an hourly rate) may choose to receive an advance on the employee's
monthly salary, in which case the Auditor shall, on the twenty-fifth (25th) day of each
month, draw his/her warrant upon the Treasurer in favor of such employee. The
advance shall be in an amount equal to one-third (1/3) or less (at the option of the
employee) of the employee's basic salary of the previous month except that it shall not
exceed the amount of the previous month's basic salary less all requested or required
deductions. The election to receive the advance shall be made on the prescribed form
(form M-208, revised 5/81) and submitted by the fifteenth (15th) of the month to the
department payroll clerk who will forward the card with the Salary Advance
Transmittal/Deviation Report to the Auditor-Controller (Payroll Section). Such an
election would be effective in the month of the submission and would remain effective
until revoked. In the case of an election made pursuant to this Section 5.13, (Payment),
all required or requested deductions from salary shall be taken from the second
installment, which is payable on the tenth (10th) day of the following month.
5.14 Discretionary Steps.
A. The Public Defender may grant a performance step(s) to incumbents in the class of
Deputy Public Defender IV, subject to the following conditions:
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1. Each performance step is equal to two and one-half percent (2½%) of the
affected employee’s base salary rate in effect on December 31 preceding the
effective date of the increase.
2. The Public Defender may award a maximum of two (2) merit steps to the same
employee for the same calendar year.
3. The affected employee’s base salary rate must be at the top merit step of the
salary range.
4. The award must be based on an annual evaluation of work performance.
5. The performance step(s) will be awarded effective January 1st of the applicable
calendar year.
6. Each performance step shall remain in effect for twelve (12) months from the
date performance pay is granted. The Public Defender may renew the step(s)
award in increments of twelve (12) months at his or her discretion.
7. The Public Defender may rescind a performance step(s) effective the first of any
month based on an evaluation of performance.
B. The Public Defender shall provide to the Department staff by January 31st of each
year the names of employees who have been awarded performance pay.
5.15 Parallel Deputy Public Defender Compensation Adjustments.
A. Except as provided in subsection 5.1, General Wages, of this Section, the Parties
agree that the base salary rates and ranges for the corresponding level(s) of the
Public Defender classification series shall be subject to the same generally
applicable base salary rate increases and decreases as are applied to the
corresponding level(s) of the Deputy District Attorney classification series at the
same time such increases or decreases are applied to that level. For example, if
the Deputy District Attorney classification series is granted a two percent increase,
the Deputy Public Defender classification series will receive a two percent increase.
For purposes of this subsection, corresponding levels are:
• Deputy Public Defender I, II and III corresponds to Deputy District Attorney
Basic;
• Deputy Public Defender IV corresponds to Deputy District Attorney Advanced.
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Nothing in this subsection shall be construed to prevent, truncate, or negate in any
manner any term of the Parties’ Special Agreement concerning Agreed Upon
Temporary Absences (“ATA”).
B. Subsection 5.15, paragraph A does not apply to the Deputy Public Defender special
assignment classification.
C. If the County and Deputy District Attorneys Association hereafter enter into an MOU
that includes any new benefits, deletes or modifies existing benefits, the same
new benefit or deletion or modification of existing benefits shall simultaneously apply
to the Deputy Public Defenders classification series.
SECTION 6 - DAYS AND HOURS OF WORK
6.1. Definitions.
A. Regular Work Schedule: A regular work schedule is eight (8) hours per day,
Monday through Friday, inclusive, for a total of forty (40) hours per week.
B. Workweek for Employees on Regular Work Schedules: For employees on a
regular work schedule, the workweek begins at 12:01 a.m. on Monday and ends at
12 midnight on Sunday.
C. Different Work Schedules. The Public Defender may implement a work schedule
other than a regular work schedule upon approval of the County Human Resources
Director.
SECTION 7 – OVERTIME AND COMPENSATORY TIME OFF
7.1 Application of Overtime and Compensatory Time Off. Overtime pay and
compensatory time off provided in subsection 7.2, Overtime, and subsection 7.3,
Compensatory Time, does not apply to employees in classifications in the Public
Defender series or to other employees exempt from overtime under the Fair Labor
Standards Act.
7.2 Overtime. Overtime is any authorized work performed in excess of forty (40)
hours per week or eight (8) hours per day. All overtime shall be compensated for at the
rate of one and one-half (1-1/2) times the employee's base rate of pay (not including
shift and other special differentials). Overtime for permanent employees is earned and
credited in a minimum of one-tenth (1/10) hour increments and is compensated by
either pay or compensatory time off.
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7.3 Compensatory Time. The following provisions shall apply:
A. Employees may periodically elect to accrue compensatory time off in lieu of
overtime pay. Eligible employees must notify their Department Head or his or her
designee of their intention to accrue compensatory time off or to receive overtime
pay at least thirty (30) days in advance of the change.
B. The names of those employees electing to accrue compensatory time off shall be
placed on a list maintained by the Department. Employees who become eligible
(i.e., newly hired employees, employees promoting, demoting, etc.) for
compensatory time off in accordance with these guidelines must elect to accrue
compensatory time or they will be paid for authorized overtime hours worked.
C. Compensatory time off shall be accrued at the rate of one and one-half (1-1/2)
times the actual authorized overtime hours worked by the employee.
D. Employees may not accrue a compensatory time off balance that exceeds one
hundred twenty (120) hours (i.e., eighty [80] hours at time and one-half). Once the
maximum balance has been attained, authorized overtime hours will be paid at the
overtime rate. If the employee's balance falls below one hundred twenty (120)
hours, the employee shall again accrue compensatory time off for authorized
overtime hours worked until the employee's balance again reaches one hundred
twenty (120) hours.
E. Accrued compensatory time off shall be carried over for use in the next fiscal year;
however, as provided in d above, accrued compensatory time off balances may not
exceed one hundred twenty (120) hours.
F. The use of accrued compensatory time off shall be by mutual agreement between
the Department Head or his/her designee and the employee. Compensatory time
off shall not be taken when the employee should be replaced by another employee
who would be eligible to receive, for time worked, either overtime payment or
compensatory time accruals as provided for in this Section 7.3 (Compensatory
Time). This provision may be waived at the discretion of the Department Head or
his or her designee.
G. When an employee promotes, demotes, or transfers from one classification eligible
for compensatory time off to another classification eligible for compensatory time off
within the same department, the employee's accrued compensatory time off balance
will be carried forward with the employee.
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H. Compensatory time accrual balances will be paid off when an employee moves
from one department to another through promotion, demotion or transfer. Said
payoff will be made in accordance with the provisions and salary of the class from
which the employee is promoting, demoting or transferring as set forth in subsection
7.3 (Compensatory Time) paragraph I below.
I. Since employees accrue compensatory time off at the rate of one and one-half (1-
1/2) hours for each hour of authorized overtime worked, they shall be paid their
accrued hours of compensatory time at the straight time rate of pay whenever:
1. The employee changes status and is no longer eligible for compensatory time off.
2. The employee promotes, demotes or transfers to another department.
3. The employee separates from County service.
4. The employee retires.
J. The Office of the County Auditor-Controller will establish timekeeping procedures to
administer this Section 7 (Overtime and Compensatory Time).
SECTION 8 - CALL BACK TIME
Any Public Defender Investigator or Investigator Aide who is called back to duty shall be
paid at the appropriate rate for the actual time worked plus one (1) hour. Such
employee called back shall be paid a minimum of two (2) hours at the appropriate rate
for each call back.
SECTION 9 - WORKFORCE REDUCTION/LAYOFF/REASSIGNMENT
9.1 Workforce Reduction. If funding reductions or shortfalls in funding occur in a
department or are expected, which may result in layoffs, the department will notify the
Association and take the following actions:
A. Identify the classification(s) in which position reductions may be required due to
funding reductions or shortfalls.
B. Advise employees in those classifications that position reductions may occur in
their classifications.
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C. Accept voluntary leaves of absence from employees in those classifications
which do not appear to be potentially impacted by possible position reductions
when such leaves can be accommodated by the department.
D. Consider employee requests to reduce their position hours from full-time to part-
time to alleviate the impact of the potential layoffs.
E. Approve requests for reduction in hours, lateral transfers, and voluntary
demotions to vacant, funded positions in classes not scheduled for layoffs within
the department, as well as to other departments not experiencing funding
reductions or shortfalls when it is a viable operational alternative for the
department(s).
F. Review various alternatives which will help mitigate the impact of the layoff by
working through the Tactical Employment Team (TET) program to:
1. Maintain an employee skills inventory bank to be used as a basis for referrals
to other employment opportunities.
2. Determine if there are other positions to which employees may be transferred.
3. Refer interested persons to vacancies which occur in other job classes for
which they qualify and can use their layoff eligibility.
4. Establish workshops to aid laid off employees in areas such as resume
preparation, alternate career counseling, job search strategy, and interviewing
skills.
G. When it appears to the Department Head and/or Chief of Labor Relations (or
designee) that the Board of Supervisors may take action which will result in
the layoff of employees in the Public Defender representation unit, the Chief of
Labor Relations (or designee) shall notify the Association of the possibility of
such layoffs and shall meet and confer with the Association regarding the
implementation of the action.
9.2 Separation Through Layoff.
A. Grounds for Layoff. Any employee(s) having permanent status in position(s) in the
merit service may be laid off when the position is no longer necessary, or for
reasons of economy, lack of work, lack of funds or for such other reason(s) as the
Board of Supervisors deems sufficient for abolishing the position(s).
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B. Order of Layoff. The order of layoff in the department shall be based on inverse
seniority in the class of positions, the employee in the department with least
seniority being laid off first and so on.
C. Layoff By Displacement.
1. In the Same Class. A laid off permanent full-time employee may displace an
employee in the department having less seniority in the same class who occupies
permanent part-time position, the least senior employee being displaced first.
2. In the Same Level or Lower Class. A laid off or displaced employee who had
achieved permanent status in a class at the same or lower salary level as
determined by the salary schedule in effect at the time of layoff may displace
within the department and in the class an employee having less seniority; the
least senior employee being displaced first, and so on with senior displaced
employees displacing junior employees.
D. Particular Rules on Displacing.
1. Permanent part-time employees may displace only other permanent part-time
employees with less seniority holding permanent positions of the same type
respectively.
2. A permanent full-time employee may displace any part-time employee with less
seniority.
a) In the same class as provided in Section 9.2 (Separation Through Layoff)
paragraph C sub-paragraph 1 (In the Same Class) or,
b) In a class of the same or lower salary level as provided in Section 9.2
(Separation Through Layoff) paragraph C sub-paragraph 2 (In the Same
Level or Lower Class), if no fulltime employee in a class at the same or lower
salary level has less seniority than the displacing employees.
3. Former permanent full-time employees who have voluntarily become permanent
part time employees for the purpose of reducing the impact of a proposed layoff
with the written approval of the Director of Human Resources or designee retain
their permanent full-time employee seniority rights for layoff purposes only and
may in a later layoff displace a full-time employee with less seniority as provided
in these rules.
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E. Seniority.
1. An employee's seniority within a class for layoff and displacement purposes shall
be determined by adding the employee's length of service in the particular class
in question to the employee's length of service in other classes at the same or
higher salary levels as determined by the salary schedule in effect at the time of
layoff. Employees reallocated or transferred without examination from one class
to another class having a salary within five percent (5%) of the former class, shall
carry the seniority accrued in the former class into the new class. Employees
reallocated to a new deep class upon its initiation or otherwise reallocated to a
deep class because the duties of the position occupied are appropriately
described in the deep class shall carry into the deep class the seniority accrued
or carried forward in the former class and seniority accrued in the other class
which have been included in the deep class. Service for layoff and displacement
purposes includes only the employee's last continuous permanent County
employment. Periods of separation may not be bridged to extend such service
unless the separation is a result of layoff in which case bridging will be authorized
if the employee is reemployed in a permanent position within the employee's
layoff eligibility.
2. Approved leaves of absence as provided for in these rules and regulations shall
not constitute a period of separation. In the event of ties in seniority rights in the
particular class in question, such ties shall be broken by length of last continuous
permanent County employment. If there remain ties in seniority rights, such ties
shall be broken by counting total time in the department in permanent
employment. Any remaining ties shall be broken by random selection among the
employees involved.
F. Eligibility for Layoff List. Whenever any person who has permanent status is laid off,
has been displaced, has been demoted by displacement or as voluntarily demoted
in lieu of layoff or displacement, or has transferred in lieu of layoff or displacement,
the person's name shall be placed on the Layoff List for the class of positions from
which that person has been removed.
G. Order of Names on Layoff. First, layoff lists shall contain the names of persons laid
off, displaced, or demoted because of a layoff or displacement, or who have
voluntarily demoted or transferred in lieu of layoff or displacement. Names shall be
listed in order of layoff seniority in the class from which laid off, displaced, demoted,
or transferred on the date of layoff, the most senior person listed first. In case of ties
in seniority, the seniority rules shall apply except that where there is a class seniority
tie between persons laid off from different departments the tie(s) shall be broken by
length of last continuous permanent County employment with remaining ties broken
by random selection among the employees involved.
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H. Duration of Layoff & Reemployment Rights. The name of any person granted
reemployment privileges shall continue on the appropriate list for a period of two (2)
years. Persons placed on layoff lists shall continue on the appropriate list for a
period of 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 displacement or transferred in lieu of layoff or displacement. When a
request for personnel is received from the appointing authority of a department from
which an eligible(s) was laid off, the appointing authority shall receive and appoint
the eligible highest on the layoff list from the department. When a request for
personnel is received from a department from which an eligible(s) was not laid off,
the appointing authority shall receive and appoint the eligible highest on the layoff
list who shall be subject to a probationary period. A person employed from a layoff
list shall be appointed at the same step of the salary range the employee held on
the day of layoff.
J. Removal of Names from Layoff Lists. The Director of Human Resources may
remove the name of any eligible from a layoff list for any reason listed below:
1. For any cause stipulated in Section 404.1 (Causes for Disqualification) of the
Personnel Management Regulations.
2. On evidence that the eligible cannot be located by postal authorities.
3. On receipt of a statement from the appointing authority or eligible that the eligible
declines certification or indicates no further desire for appointment in the class.
4. If three (3) offers of permanent appointment to the class for which the eligible list
was established have been declined by the eligible.
5. If the eligible fails to respond to the Director of Human Resources or the
appointing authority within ten (10) days to written notice of certification mailed to
the person's last known address.
6. If the person on the reemployment or layoff list is appointed to another position in
the same or lower classification, the name of the person shall be removed.
However, if the first permanent appointment of a person on a layoff list is to a
lower class which has a top step salary lower than the top step of the class from
which the person was laid off, the name of the person shall not be removed from
the layoff list. Any subsequent appointment of such person from the layoff list
shall result in removal of that person's name.
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K. Removal of Names from Reemployment and Layoff certifications. The Director of
Human Resources may remove the name of any eligible from a reemployment or
layoff certification if the eligible fails to respond within five (5) days to a written notice
of certification mailed to the person's last known address.
9.3 Notice. The County agrees to give employees scheduled for layoff at least ten (10)
work days notice prior to their last day of employment.
9.4 Special Employment Lists. The County will establish a T.E.T. employment pool
which will include the names of all laid off County employees. Special employment lists
for job classes may be established from the pool. Persons placed on a special
employment list must meet the minimum qualifications for the class. An appointment
from such a list will not affect the individual's status on a layoff list(s).
Employees in the T.E.T. employment pool shall be guaranteed a job interview for any
vacant funded position for which they meet minimum qualifications. If there are more
than five such employees who express an interest for one vacant funded position, the
five most senior employees shall be interviewed. Seniority for this subsection shall be
County seniority.
9.5 Reassignment of Laid Off Employees. Employees who are displaced within the
same classification from fulltime to part-time status in a layoff, or who voluntarily
reduced their work hours to reduce the impact of layoff, or who accepted a position of
another status than that from which they were laid off upon referral from the layoff list,
may request reassignment back to their pre-layoff status (full time or part-time or
increased hours). The request must be in writing in accord with the department's
reassignment bid or selection process. Employees will be advised of the reassignment
procedure to be followed to obtain reassignment back to their former status at the time
of the workforce reduction. The most senior laid off employee in this status who
requests such a reassignment will be selected for the vacancy; except when a more
senior laid off individual remains on the layoff list and has not been appointed back to
the class from which laid off, a referral from the layoff list will be made to fill the
vacancy.
SECTION 10 – HOLIDAYS
10.1 Holidays Observed.
A. The County will observe the following holidays:
January 1st, known as New Year's Day
3rd Monday in January known as Dr. M. L. King, Jr. Day
3rd Monday in February, known as Presidents' Day
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The last Monday in May, known as Memorial Day
July 4th, known as Independence Day
First Monday in September, known as Labor Day
November 11th, known as Veterans Day
4th Thursday in November, known as Thanksgiving
The Friday after Thanksgiving
December 25th, known as Christmas Day
Such other days as the Board of Supervisors may by resolution designate as
holidays.
B. Personal Holiday Credit. Employees are entitled to accrue two (2) hours of personal
holiday credit per month. This time is prorated for part-time employees. Preference
of personal holidays shall be given to employees according to their seniority in their
department as reasonably as possible. No employee may accrue more than forty
(40) hours of personal holiday credit. On separation from County service,
employees are paid for any unused personal holiday credit hours at the employee’s
then current pay rate, up to a maximum of forty (40) hours.
10.2 - Holiday is Not Worked
A. Holidays Observed – Full-time Employees: Full-time employees are entitled to
observe a holiday (eight (8) hours off), without a reduction in pay, whenever a holiday is
observed by the County. Any holiday observed by the County that falls on a Saturday is
observed on the preceding Friday and any holiday that falls on a Sunday is observed on
the following Monday.
B. Holidays Observed – Part-time Employees: Part-time employees are entitled to
observe a holiday in the same ratio as the number of hours the part time employee’s
weekly schedule bears to forty (40) hours, without a reduction in pay, whenever a
holiday is observed by the County.
10.3 – Holiday is WORKED and Holiday Falls on Regularly Scheduled Work Day of
Full-Time Employee
A. Holiday Worked by Full-Time Employee (holiday falls on employee’s
regularly scheduled work day): When a full-time employee works on a holiday that
falls on the employee’s regularly scheduled work day, the employee is entitled to
receive his/her regular salary. The employee is also entitled to receive holiday pay at
the rate of one and one half (1.5) times his/her base rate of pay (not including
differentials) or holiday compensation time at the same rate, up to a maximum of eight
(8) hours. This provision is applicable only to employees in the following
classifications:
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6N75 Public Defender Investigative Aide
6N7A Public Defender Investigative Assistant
6NWA Public Defender Investigator I
6NVA Public Defender Investigator II
6NVB Senior Public Defender Investigative Aide
10.4 –Automated Time Keeping: This agreement may be re-opened at the request of
either party for the purpose of meeting and conferring regarding the establishment of an
automated time keeping system.
SECTION 11 - VACATION LEAVE AND PAID PERSONAL LEAVE
11.1 Vacation Allowance. Employees in permanent positions are entitled to vacation
with pay. Accrual is based upon straight time hours of working time per calendar month
of service and begins on the date of appointment to a permanent position. Increased
accruals begin on the first of the month following the month in which the employee
qualifies. Accrual for portions of a month shall be in minimum amounts of one (1) hour
calculated on the same basis as for partial month compensation pursuant to Section 5.8
(Salary Reallocation and Salary Reallocation) of this MOU. Vacation credits may be
taken in one-tenth hour (six minute) increments but may not be taken during the first six
(6) months of employment (not necessarily synonymous with probationary status)
except where sick leave has been exhausted; and none shall be allowed in excess of
actual accrual at the time vacation is taken.
11.2 Vacation Leave on Reemployment From a Layoff List. Employees with six (6)
months or more service in a permanent position prior to their layoff who are employed
from a layoff list, shall be considered as having completed six months tenure in a
permanent position for the purpose of vacation leave. The appointing authority or
designee will advise the Auditor- Controller's Payroll Unit in each case where such
vacation is authorized so that appropriate payroll system override actions can be taken.
11.3 Accrual Rates - Deputy Public Defenders. The vacation schedule listed below
shall be maintained for Deputy Public Defenders’ Grades I, II, III, IV.
Maximum Cumulative
Length of Service Hours Hours
Under 11 years 10 240
11 years 10 2/3 256
12 years 11 1/3 272
13 years 12 288
14 years 12 2/3 304
15 - 19 years 13 1/3 320
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20 - 24 years 16-2/3 400
25 - 29 years 20 480
30 years and up 23-1/3 560
11.4 Vacation Accrual Rates – Investigator and Investigator Aide.
The rates at which vacation credits accrue for employees in the Public Defender
Investigator and Public Defender Investigator Aide classifications, and the maximum
accumulation thereof are as follows:
Monthly Maximum
Accrual Cumulative
Length of Service Hours Hours
Under 15 years 10 240
15 through 19 years 13-1/3 320
20 through 24 years 16-2/3 400
25 through 29 years 20 480
30 years and up 23-1/3 560
11.5 Service Award Date Defined. An employee’s Service Award Date is the first day
of his or her temporary, provisional, or permanent appointment to a position in the
County. If an employee is first appointed to a temporary or provisional position and then
later appointed to a permanent position, the Service Award Date for that employee is
the date of the first day of the temporary or provisional appointment.
Example One:
1. An employee’s Service Award Date is January 1, 1988.
2. The employee reaches 20 years of service on January 1, 2008.
3. February 1, 2008 is the date on which the employee is eligible to begin accruing 16.66 hours
of vacation time each month.
4. The increased vacation hours will first appear on the employee’s March 10, 2008 pay warrant.
Example Two:
1. An employee’s Service Award Date is February 24, 1987.
2. The employee reached 20 years of service on February 24, 2007.
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3. March 1, 2007 is the date on which the employee is eligible to begin accruing 16.66
hours of vacation time each month.
4. The increased vacation hours will first appear on the employee’s April 10, 2007 pay
warrant.
11.6 Accrual During Leave Without Pay. No employee who has been granted a leave
without pay or unpaid military leave shall accrue any vacation credit during the time of
such leave, nor shall an employee who is absent without pay accrue vacation credit
during the absence.
11.7 Vacation Buy-Back.
A. Deputy Public Defenders may choose reimbursement for up to one-third (1/3) of
their annual vacation accrual, subject to the following conditions:
1. The choice can be made only once in each calendar year.
2. Payment shall be based on an hourly rate determined by dividing the employee's
monthly salary by 173.33.
3. The maximum number of hours that may be reimbursed in any one year is one-
third (1/3) of the annual accrual.
B. If a lump sum payment has been made in lieu of a retroactive general salary
adjustment for a portion of the calendar year which is subsequent to exercise by an
employee of the vacation buy-back provision herein, that employee's vacation buy-
back shall be adjusted to reflect the percentage difference in base pay rates upon
which the lump sum payment was computed provided that the period covered by the
lump sum payment included the effective date of the vacation buy-back.
C. The granting of such vacation buy-back is subject to the sole discretion of the Public
Defender whose decision is final. The Public Defender will meet and confer with
employee representatives to develop criteria for the granting of such vacation buy-
back.
11.8 Vacation Allowance for Separated Employees. On separation from County
service, an employee shall be paid for any unused vacation credits at the employee's
then current pay rate.
11.9 Vacation Preference. Use of vacation accruals is by mutual agreement between
the employee and the supervisor and preference of vacation shall be given to
employees according to their order of request as reasonably as possible unless
otherwise provided in the supplemental sections of this Memorandum of Understanding.
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11.10 Paid Personal Leave (Deputy Public Defenders). On January 1st of each year,
employees in the classes of Deputy Public Defender I, II, III, and IV and will be credited
with eighty (80) hours of paid personal leave to recognize the unavailability of overtime
pay for Deputy Public Defenders. Employees appointed after July 1st shall be eligible
for forty (40) hours of paid personal leave on the first succeeding January 1st and shall
be eligible for eighty (80) hours annually thereafter. Said personal leave must be used
during the calendar year in which credited and may not be carried forward. Paid
personal leave is separate from paid vacation and will be accounted for accordingly.
Upon separation from County service, there shall be no payoff for unused personal
leave credits.
SECTION 12 - SICK LEAVE
12.1 Purpose of Sick Leave. The primary purpose of paid sick leave is to ensure
employees against loss of pay for temporary absences from work due to illness or
injury. It is a benefit extended by the County and may be used only as authorized; it is
not paid time off which employees may use for personal activities.
12.2 Credits to and Charges Against Sick Leave. Sick leave credits accrue at the
rate of eight (8) working hours credit for each completed month of service. Employees
who work a portion of a month are entitled to a pro rata share of the monthly sick leave
credit computed on the same basis as is partial month compensation.
Credits to and charges against sick leave are made in minimum amounts of one-tenth
hour (6 minutes) increments. Unused sick leave credits accumulate from year to year.
When an employee is separated other than through retirement, accumulated sick leave
credits shall be canceled, unless the separation results from layoff, in which case the
accumulated credits shall be restored if reemployed in a permanent position within the
period of layoff eligibility.
Upon retirement, an employee's accumulated sick leave is converted to retirement on
the basis of one day of retirement service credit for each day of accumulated sick leave
credit.
12.3 Policies Governing the Use of Paid Sick Leave.
A. As indicated above, the primary purpose of paid sick leave is to ensure employees
against loss of pay for temporary absences from work due to illness or injury. The
following definitions apply:
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1. "Immediate Family" means and includes only the spouse, son, stepson,
daughter, stepdaughter, father, stepfather, mother, stepmother, brother, sister,
grandparent, grandchild, niece, nephew, father-in-law, mother-in-law, daughter-
in-law, son-in-law, brother-in-law, sister-in-law, foster children, aunt, uncle,
cousin, stepbrother, stepsister, or domestic partner of an employee and/or
includes any other person for whom the employee is the legal guardian or
conservator, or any person who is claimed as a "dependent" for IRS reporting
purposes by the employee.
2. "Employee" means any person employed by Contra Costa County in an
allocated position in the County service.
3. "Paid Sick Leave Credits" means those sick leave credits provided for by County
Salary Regulations and this Memorandum of Understanding.
4. "Condition/Reason". With respect to necessary verbal contacts and
confirmations which occur between the department and the employee when sick
leave is requested or verified, a brief statement in non-technical terms from the
employee regarding inability to work due to injury or illness is sufficient.
B. Accumulated paid sick leave credits may be used, subject to appointing authority
approval, by an employee in pay status, but only in the following instances:
1. Temporary Illness or Injury of an Employee. Paid sick leave credits may be used
when the employee is off work because of a temporary illness or injury.
2. Permanent Disability Sick Leave. Permanent disability means the employee
suffers from a disabling physical injury or illness and is thereby prevented from
engaging in any County occupation for which the employee is qualified by
reason of education, training or experience. Sick leave may be used by
permanently disabled employees until all accruals of the employee have been
exhausted or until the employee is retired by the Retirement Board, subject to
the following conditions:
a. An application for retirement due to disability has been filed with the
Retirement Board.
b. Satisfactory medical evidence of such disability is received by the appointing
authority within 30 days of the start of use of sick leave for permanent
disability.
c. The appointing authority may review medical evidence and order further
examination as deemed necessary, and may terminate use of sick leave
when such further examination demonstrates that the employee is not
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disabled, or when the appointing authority determines that the medical
evidence submitted by the employee is insufficient, or where the above
conditions have not been met.
3. Communicable Disease. An employee may use paid sick leave credits when
under a physician's order to remain secluded due to exposure to a
communicable disease.
4. Sick Leave Utilization for Pregnancy Disability. Employees whose disability is
caused or contributed to by pregnancy, miscarriage, abortion, childbirth, or
recovery there from, shall be allowed to utilize sick leave credit to the maximum
accrued by such employee during the period of such disability under the
conditions set forth below:
a. Application for such leave must be made by the employee to the appointing
authority accompanied by a written statement of disability from the
employee's attending physician. The statement must address itself to the
employee's general physical condition having considered the nature of the
work performed by the employee, and it must indicate the date of the
commencement of the disability as well as the date the physician anticipates
the disability to terminate.
b. Sick leave may not be utilized after the employee has been released from the
hospital unless the employee has provided the County with a written
statement from her attending physician stating that her disability continues
and the projected dates of the employee's recovery from such disability.
5. Medical and Dental Appointments. An employee may use paid sick leave
credits:
a. For working time used in keeping medical and dental appointments for the
employee's own care; and
b. For working time used by an employee for pre-scheduled medical and dental
appointments for an immediate family member.
6. Emergency Care of Family. An employee may use paid sick leave credits for
working time used in cases of illness or injury to an immediate family member.
7. Death of Family Member. An employee may use paid sick leave credits for
working time used because of a death in the employee's immediate family or of
the employee’s domestic partner, but this shall not exceed three (3) working
days, plus up to two (2) days of work time for necessary travel. Use of
additional accruals including sick leave when appropriate may be authorized in
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conjunction with the bereavement leave at the discretion of the appointing
authority.
8. Legal Adoption of a Child. Paid sick leave credits may be used by an employee
upon adoption of the child.
9. Accumulated paid sick leave credits may not be used in the following situations:
a. Vacation. Paid sick leave credits may not be used for an employee's illness or
injury which occurs while he/she is on vacation but the Public Defender may
authorize it when extenuating circumstances exist and the appointing
authority approves.
b. Not in Pay Status. Paid sick leave credits may not be used when the
employee would otherwise be eligible to use paid sick leave credits but is not
in pay status.
12.4 Administration of Sick Leave. The proper administration of sick leave is a
responsibility of the employee and the department head. Unless otherwise provided in
the supplemental sections of this MOU, the following procedures apply:
A. Employee Responsibilities
1. Employees are responsible for notifying their department of an absence prior to
the commencement of their work shift or as soon thereafter as possible.
Notification shall include the reason and possible duration of the absence.
2. Employees are responsible for keeping their department informed on a continuing
basis of their condition and probable date of return to work.
3. Employees are responsible for obtaining advance approval from their supervisor
for the scheduled time of pre-arranged personal or family medical and dental
appointments.
4. Employees are encouraged to keep the department advised of (1) a current
telephone number to which sick leave related inquiries may be directed, and (2)
any condition(s) and/or restriction(s) that may reasonably be imposed regarding
specific locations and/or persons the department may contact to verify the
employee's sick leave.
B. Department Responsibilities. The use of sick leave may properly be denied if these
procedures are not followed. Abuse of sick leave on the part of the employee is
cause for disciplinary action. Departmental approval of sick leave is a certification
of the legitimacy of the sick leave claim. The department head or designee may
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make reasonable inquiries about employee absences. The department may
require medical verification for an absence of three (3) or more working days. The
department may also require medical verification for absences of less than three
(3) working days for probable cause if the employee had been notified in advance
in writing that such verification was necessary. Inquiries may be made in the
following ways:
1. Calling the employee's residence telephone number or other contact telephone
number provided by the employee if telephone notification was not made in
accordance with departmental sick leave call-in guidelines. These inquiries
shall be subject to any restrictions imposed by the employee under subsection
12.4 (Administration of Sick Leave) paragraph A.
2. Obtaining the employee's signature on the Absence/Overtime Record, or on
another form established for that purpose, as employee certification of the
legitimacy of the claim.
3. Obtaining the employee's written statement of explanation regarding the sick
leave claim.
4. Requiring the employee to obtain a physician's certificate or verification of the
employee's illness, date(s) the employee was incapacitated, and the
employee's ability to return to work, as specified above.
5. In absences of an extended nature, requiring the employee to obtain from their
physician a statement of progress and anticipated date on which the employee
will be able to return to work, as specified above. Department heads are
responsible for establishing timekeeping procedures which will insure the
submission of a time card covering each employee absence and for operating
their respective offices in accordance with these policies and with clarifying
regulations issued by the Office of the County Administrator. To help assure
uniform policy application, the Director of Human Resources or designated
management staff of the County Human Resources Department should be
contacted with respect to sick leave determinations about which the department
is in doubt.
12.5 Disability.
A. An employee physically or mentally incapacitated for the performance of duty is
subject to dismissal, suspension or demotion, subject to the County Employees
Retirement Law of 1937. An appointing authority after giving notice may place an
employee on leave if the appointing authority has filed an application for disability
retirement for the employee, or whom the appointing authority believes to be
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temporarily or permanently physically or mentally incapacitated for the performance
of the employee’s duties.
B. An appointing authority who has reasonable cause to believe that there are physical
or mental health conditions present in an employee which endanger the health or
safety of the employee, other employees, or the public, or which impair the
employee's performance of duty, may order the employee to undergo at County
expense and on the employees paid time a physical, medical examination by a
licensed physician and/or a psychiatric examination by a licensed physician or
psychologist, and receive a report of the findings on such examination. If the
examining physician or psychologist recommends that treatment for physical or
mental health problems, including leave, are in the best interests of the employee or
the County in relation to the employee overcoming any disability and/or performing
his or her duties the appointing authority may direct the employee to take such leave
and/or undergo such treatment.
C. Leave due to temporary or permanent disability shall be without prejudice to the
employee's right to use sick leave, vacation, or any other benefit to which the
employee is entitled other than regular salary. The Director of Human Resources
may order lost pay restored for good cause and subject to the employee's duty to
mitigate damages.
D. Before an employee returns to work from any absence for illness or injury, other
leave of absence or disability leave, exceeding two weeks in duration, the
appointing authority may order the employee to undergo at County expense a
physical, medical, and/or psychiatric examination by a licensed physician, and may
consider a report of the findings on such examination. If the report shows that such
employee is physically or mentally incapacitated for the performance of duty, the
appointing authority may take such action as he/she deems necessary in
accordance with appropriate provisions of this MOU.
E. Before an employee is placed on an unpaid leave of absence or suspended
because of physical or mental incapacity under subsection 12.5 (Disability)
paragraphs (A) or (B), the employee shall be given notice of the proposed leave of
absence or suspension by letter or memorandum, delivered personally or by
certified mail, containing the following:
1. A statement of the leave of absence or suspension proposed.
2. The proposed dates or duration of the leave or suspension which may be
indeterminate until a certain physical or mental health condition has been
attained by the employee.
3. A statement of the basis upon which the action is being taken.
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4. A statement that the employee may review the materials upon which the action is
taken.
5. A statement that the employee has until a specified date (not less than seven (7)
work days from personal delivery or mailing of the notice) to respond to the
appointing authority orally or in writing.
F. Pending response to the notice the appointing authority for cause specified in writing
may place the employee on a temporary leave of absence with pay.
G. The employee to whom the notice has been delivered or mailed shall have seven (7)
work days to respond to the appointing authority either orally or in writing before the
proposed action may be taken.
H. After having complied with the notice requirements above, the appointing authority
may order the leave of absence or suspension in writing stating specifically the
basis upon which the action is being taken, delivering the order to the employee
either personally or by mail, effective either upon personal delivery or deposit in the
US Postal Service.
I. An employee who is placed on leave or suspended under this section may, within
ten (10) calendar days after personal delivery or mailing to the employee of the
order, appeal the order in writing through the Director of Human Resources to the
Merit Board. Alternatively, the employee may file a written election with the Director
of Human Resources waiving the employee's right to appeal to the Merit Board in
favor of appeal to a Disability Review Arbitrator.
J. In the event of an appeal either to the Merit Board or the Disability Review Arbitrator,
the employee has the burden of proof to show that either:
1. The physical or mental health condition cited by the appointing authority does not
exist, or
2. The physical or mental health condition does exist, but it is not sufficient to
prevent, preclude, or impair the employee's performance of duty, or is not
sufficient to endanger the health or safety of the employee, other employees, or
the public.
K. If the appeal is to the Merit Board, the order and appeal shall be transmitted by the
Director of Human Resources to the Merit Board for hearing under the Merit Board's
Procedures, Section 1114-1128 inclusive. Medical reports submitted in evidence in
such hearings shall remain confidential information and shall not be a part of the
public record.
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L. If the appeal is to a Disability Review Arbitrator, the employee (and his
representative) will meet with the County's representative to mutually select the
Disability Review Arbitrator, who may be a de facto arbitrator, or a physician, or a
rehabilitation specialist, or some other recognized specialist mutually selected by
the parties. The arbitrator’s fees and expenses shall be paid one-half by the County
and one-half by the employee or the employee’s Association. The arbitrator shall
hear and review the evidence. The decision of the Disability Review Arbitrator shall
be binding on both the County and the employee. The scope of the arbitrator's
review shall be as follows:
1. The arbitrator may affirm, modify or revoke the leave of absence or suspension.
2. The arbitrator may make his decision based only on evidence submitted by the
County and the employee.
3. The arbitrator may order back pay or paid sick leave credits for any period of
leave of absence or suspension if the leave or suspension is found not to be
sustainable, subject to the employee's duty to mitigate damages.
12.6 Workers' Compensation.
A. Benefit Level. A permanent employee shall continue to receive the appropriate
percent of regular monthly salary for all accepted claims filed before January 1,
2000, during any period of compensable temporary disability absence not to exceed
one year. For all accepted claims filed with the County on or after January 1, 2000,
the percentage of pay for employees entitled to Workers’ Compensation shall be
decreased from 87% to 86%. For all accepted claims filed with the County on or
after January 1, 2007, the percentage of pay for employees entitled to Workers’
Compensation shall be decreased from 86% to 80%. For all accepted claims filed
with the County on or after January 1, 2008, the percentage of pay for employees
entitled to Workers’ Compensation shall be decreased from 80% to 75%. If
Workers’ Compensation becomes taxable, the County agrees to restore the original
benefit level (100% of monthly salary) and the parties shall meet and confer with
respect to funding the increased cost.
B. Waiting Period. There is a three (3) calendar day waiting period before Workers'
Compensation benefits commence. If the injured worker loses anytime on the day
of injury, that day counts as day one (1) of the waiting period. If the injured worker
does not lose time on the date of injury, the waiting period will be the first three (3)
calendar days the employee does not work because of the injury. The time the
employee is scheduled to work during this waiting period will be charged to the
employee's sick leave and/or vacation accruals. In order to qualify for Workers'
Compensation the employee must be under the care of a physician. Temporary
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February 5, 2011
compensation is payable on the first three (3) days of disability when the injury
necessitates hospitalization, or when the disability exceeds fourteen (14) days.
C. Continuing Pay. A permanent employee shall receive the appropriate percentage
as outlined above of regular monthly salary during any period of compensable
temporary disability not to exceed one (1) year. Payment of continuing pay and/or
temporary disability compensation is made in accordance with Part 2, Article 3 of
the Workers’ Compensation Laws of California. "Compensable temporary disability
absence" for the purpose of this Section, is any absence due to work connected
disability which qualifies for temporary disability compensation as set forth in Part 2,
Article 3 of the Workers’ Compensation Laws of California. When any disability
becomes medically permanent and stationary and/or reaches maximum medical
improvement, the salary provided by this Section shall terminate. No charge shall
be made against sick leave or vacation for these salary payments. Sick leave and
vacation rights shall not accrue for those periods during which continuing pay is
received. Employees shall be entitled to a maximum of one (1) year of continuing
pay benefits.
D. Termination of Continuing Pay. Continuing pay begins at the same time that
temporary Workers' Compensation benefits commence and continues until either
the member is declared medically permanent/stationary and/or reaches maximum
medical improvement, or until one (1) year of continuing pay, whichever comes first
provided the employee remains in an active employed status. Continuing pay is
automatically terminated on the date an employee is separated from County service
by resignation, retirement, layoff, or the employee is no longer employed by the
County. In these instances, employees will be paid Workers’ Compensation
benefits as prescribed by Workers’ Compensation laws. All continuing pay will be
cleared through the County Administrator’s Office, Risk Management Division.
Whenever an employee who has been injured on the job and has returned to work
is required by an attending physician to leave work for treatment during working
hours the employee shall be allowed time off up to three (3) hours for such
treatment without loss of pay or benefits, provided the employee notifies his/her
supervisor of the appointment at least three (3) working days prior to the
appointment or as soon as the employee becomes aware the appointment has been
made. Said visits are to be scheduled contiguous to either the beginning or end of
the scheduled work day whenever possible. This provision applies only to
injuries/illnesses that have been accepted by the County as work related.
E. Extended Temporary Disability. If an injured employee remains eligible for
temporary disability beyond one year, applicable salary will continue by integrating
sick leave and/or vacation accruals with Workers' Compensation benefits (vacation
charges to be approved by the department and the employee). If salary integration
is no longer available, Workers' Compensation benefits will be paid directly to the
employee as prescribed by Workers' Compensation laws.
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F. Rehabilitation Integration. An injured employee who is eligible for Workers'
Compensation rehabilitation temporary disability benefits and whose disability is
medically permanent and stationary and/or reaches maximum medical
improvement, will continue to receive salary by integrating sick leave and/or
vacation accruals with Workers' Compensation rehabilitation temporary disability
benefits until those accruals are exhausted. Thereafter, the rehabilitation temporary
disability benefits will be paid directly to the employee.
G. Health Insurance. The County contribution to the employee's group insurance
plan(s) continues during the continuing pay period and during integration of sick
leave or vacation with Workers' Compensation benefits.
H. Method of Integration. An employee's sick leave and/or vacation charges shall be
calculated as follows:
C = 8 [1 - (W÷S)]
C = Sick leave or vacation charge per day (in hours)
W = Statutory Workers' Compensation for a month
S = Monthly salary
For example:
W = $960 per month Workers' Compensation
S = $1667 per month salary
8 = 8 hours
C = Hours to be charged to Sick Leave
C = 8 [1 - ($960 ÷ $1,667)]
C = 8 [1 - (.5758)]
C = 8 (.4242)
C = 3.39
3 hours chargeable to sick leave
5 hours chargeable to Workers' Compensation
12.7 Long-Term Disability Insurance. Deputy Public Defenders will be covered by a
long-term disability insurance policy identical with that currently covering employees in
the Deputy District Attorney class series.
12.8 State Disability Insurance (SDI).
A. Applicability. This subsection 12.8, State Disability Insurance, applies only to
Public Defender Investigators.
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B. General Provisions. Contra Costa County participates in the State Disability
Insurance (SDI) program, subject to the rules and procedures established by the State
of California. The County augments the SDI program with its SDI Integration Program.
Changes to the State Disability Insurance program could affect the County’s SDI
Integration Program. Determination of SDI payments and eligibility to receive payments
is at the sole discretion of the State of California. Employees eligible for SDI benefits
are required to apply for SDI benefits and to have those benefits integrated with the use
of their sick leave accruals on the following basis:
“Integration” means that employees are required to use their sick leave accruals to
supplement the difference between the amount of the SDI payment and the employee’s
base monthly salary. Integration of sick leave with the SDI benefit is automatic and
cannot be waived. Integration applies to all SDI benefits paid. For employees off work,
on disability, and receiving SDI, the employee’s County department will make
appropriate integration adjustments, including retroactive adjustments, if necessary.
Employees must inform their department of a disability in a timely manner in order for
the department to make appropriate integration adjustments. SDI benefit payments will
be sent directly to the employee by the State of California.
When there are insufficient sick leave accruals available to fully supplement the
difference between the amount of the SDI payment and the employee’s base monthly
salary, accruals other than sick leave may be used to supplement the difference
between the amount of the SDI payment and the employee’s base monthly salary.
These accruals may be used only to the extent that the total payment does not exceed
the employee’s base monthly salary.
C. Procedures. Employees with more than one and two tenths (1.2) hours of sick
leave accruals at the beginning of the disability integration period must integrate their
sick leave accrual usage with their SDI benefit to the maximum extent possible.
When employees have one and two tenths (1.2) hours or less of sick leave accruals at
the beginning of the disability integration period, the Department will automatically use
one tenth (1/10th) hours of sick leave per month for the duration of their SDI benefit.
When the SDI benefit is exhausted, integration terminates. The employee then may
continue to use sick leave without integration and/or other accruals.
When sick leave accruals are totally exhausted, integration with the SDI benefit
terminates.
Employees whose SDI claims are denied must present a copy of their claim denial to
their Department. The Department will then authorize the use of unused sick leave
and/or other accruals as appropriate.
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D. Method of Integration. For purposes of integration with the SDI program, all full-
time employees’ schedules will be converted to eight (8) hour/five (5) day weekly work
schedules.
The formula for full time employees’ sick leave integration charges is as follows:
L = [S-D ÷ S] x 8
S = Employee Base Monthly Salary
H = Estimated Highest Quarter (3 mos) Earnings [H = S x 3]
W = Weekly SDI Benefit from State of California SDI Weekly Benefit Table
C = Calendar Days In Each Month
D = Estimated Monthly SDI Benefit [D=(W ÷ 7) x C]
L = Sick Leave Hours Charged Per Day
Permanent part-time employees, permanent-intermittent employees, and full-time
employees who are working a light/limited duty reduced schedule, will have their sick
leave integration adjusted accordingly.
E. Definition. “Base Monthly Salary”, for purposes of the SDI integration program, is
defined as the salary amount of the employee’s step on the salary schedule of the
employee’s classification at the time of integration.
F. No Buy-Back. Employees will not be allowed to buy back sick leave hours used by
the employee while on SDI.
12.8 Accrual During Leave Without Pay. No employee who has been granted a leave
without pay or an unpaid military leave shall accrue any sick leave credits during the
time of such leave nor shall an employee who is absent without pay accrue sick leave
credits during the absence.
SECTION 13 - CATASTROPHIC LEAVE BANK
13.1 Program Design. The County Human Resources Department will operate a
Catastrophic Leave Bank which is designed to assist any County employee who has
exhausted all paid accruals due to a serious or catastrophic illness, injury, or condition
of the employee or family member. The program establishes and maintains a
Countywide bank wherein any employee who wishes to contribute may authorize that a
portion of his/her accrued vacation or personal holiday credit be deducted from those
account(s) and credited to the Catastrophic Leave Bank. Employees may donate hours
either to a specific eligible employee or to the bank. Upon approval, credits from the
Catastrophic Leave Bank may be transferred to a requesting employee's sick leave
account so that employee may remain in paid status for a longer period, thus partially
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February 5, 2011
ameliorating the financial impact of the illness, injury, or condition. Catastrophic illness
or injury is defined as a critical medical condition, a long-term major physical impairment
or disability which manifests itself during employment.
13.2 Operation.
A. The plan will be administered under the direction of the Director of Human
Resources. The Human Resources Department will be responsible for receiving
and recording all donations of accruals and for initiating transfer of credits from the
bank to the recipient's sick leave account. Disbursement of accruals will be subject
to the approval of a six (6) member committee composed of three (3) members
appointed by the County Administrator and three (3) members appointed by the
majority representative employee organizations. The committee shall meet as
necessary to consider all requests for credits and shall make determinations as to
the appropriateness of the request. The committee shall determine the amount of
accruals to be awarded for employees whose donations are nonspecific.
Consideration of all requests by the committee will be on an anonymous requester
basis.
B. Hours transferred from the Catastrophic Leave Bank to a recipient will be in the form
of sick leave accruals and shall be treated as regular sick leave accruals. To
receive credits under this plan, an employee must have permanent status, must
have exhausted all time off accruals to a level below eight (8) hours total, have
applied for a medical leave of absence and have medical verification of need.
Donations are irrevocable unless the donation to the eligible employee is denied.
Donations may be made in hourly blocks with a minimum donation of not less than
four (4) hours per donation from balances in the vacation, holiday, floating holiday,
compensatory time, or holiday compensatory time accounts. Employees who elect
to donate to a specific individual shall have seventy-five percent (75%) of their
donation credited to the individual and twenty-five percent (25%) credited to the
Catastrophic Leave Bank. Time donated will be converted to a dollar value and the
dollar value will be converted back to sick leave accruals at the recipient's base
hourly rate when disbursed. Credits will not be on a straight hour-for-hour basis. All
computations will be on a standard 173.33 basis, except that employees on other
than a forty (40) hour week will have hours prorated according to their status.
C. Any recipient will be limited to a total of one thousand forty (1040) hours or its
equivalent per catastrophic event; each donor will be limited to one hundred twenty
(120) hours per calendar year.
D. No element of this plan is grievable. All appeals from either a donor or recipient will
be resolved on a final basis by the Director of Human Resources. No employee will
have any entitlement to catastrophic leave benefits. The award of Catastrophic
Leave will be at the sole discretion of the committee, both as to amounts of benefits
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February 5, 2011
awarded and as to persons awarded benefits. Benefits may be denied, or awarded
for less than six (6) months. The committee will be entitled to limit benefits in
accordance with available contributions and to choose from among applicants, on
an anonymous basis, those who will receive benefits, except for hours donated to a
specific employee. In the event a donation is made to a specific employee and the
committee determines the employee does not meet the Catastrophic Leave Bank
criteria, the donating employee may authorize the hours to be donated to the bank
or returned to the donor’s account. The donating employee will have fourteen (14)
calendar days from notification to submit his/her decision regarding the status of
their donation, or the hours will be irrevocably transferred to the Catastrophic Leave
Bank. Any unused hours transferred to a recipient will be returned to the
Catastrophic Leave Bank.
SECTION 14 - LEAVE OF ABSENCE
14.1 Leave Without Pay. Any employee who has permanent status may be granted a
leave of absence without pay upon written request, approved by the appointing
authority; provided, however, that leaves for pregnancy, pregnancy disability, serious
health conditions, and family care shall be granted in accordance with applicable state
and federal law.
14.2 General Administration - Leaves of Absence.
A. Requests for leave without pay shall be made upon forms prescribed by the Director
of Human Resources and shall state specifically the reason for the request, the date
when it is desired to begin the leave, and the probable date of return. Leave without
pay may be granted for any of the following reasons:
1. Illness or disability.
2. Pregnancy.
3. Parental.
4. To take a course of study such as will increase the employee's usefulness on
return to the position.
5. For other reasons or circumstances acceptable to the appointing authority.
B. An employee must request a leave of absence without pay at least thirty (30) days
before the leave is to begin if the need for the leave is foreseeable. If the need is
not foreseeable, the employee must provide written notice to the Public Defender
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within five (5) days of learning of the event by which the need for the leave of
absence arises.
C. A leave without pay may be for a period not to exceed one (1) year, provided the
appointing authority may extend such leave for additional periods. The procedure in
granting extensions shall be the same as that in granting the original leave, provided
that the request for extension must be made not later than thirty (30) calendar days
before the expiration of the original leave.
D. Whenever an employee who has been granted a leave without any pay desires to
return before the expiration of such leave, the employee shall submit a request to
the appointing authority in writing at least fifteen (15) days in advance of the
proposed return. Early return is subject to prior approval by the appointing authority.
The Human Resources Department shall be notified promptly of such return.
E. Except in the case of leave of absence due to family care, pregnancy, pregnancy
disability, illness, or serious health condition, the decision of the appointing authority
on granting or denying a leave or early return from leave shall be subject to appeal
to the Director of Human Resources and not subject to appeal through the
grievance procedure set forth in this MOU.
14.3 Furlough Days Without Pay (Voluntary Time Off or “V.T.O.”). Subject to the
prior written approval of the appointing authority, employees may elect to take furlough
days or hours without pay (pre-authorized absence without pay), up to a maximum of
fifteen (15) calendar days for any one period. Longer pre-authorized absences without
pay are considered leaves of absence without pay. Employees who take furlough time
shall have their compensation for the portion of the month worked computed in accord
with subsection 5.6 (Compensation for Portion of Month) of this MOU. Full-time and
part-time employees who take furlough time shall have their vacation, sick leave,
floating holiday, and any other payroll computed accruals computed as though they had
worked the furlough time. When computing vacation, sick leave, floating holiday and
other accrual credits for employees taking furlough time, this provision shall supersede
subsections 10.1 (Holidays Observed), 11.1 (Vacation Allowance), 11.4 (Accrual During
Leave Without Pay), 12.2 (Credits to and Charges Against Sick Leave), and 12.7
(Accrual During Leave Without Pay) of this MOU regarding the computation of vacation,
sick leave, floating holiday, and other accrual credits as regards furlough time only. For
payroll purposes, furlough time (absence without pay with prior authorization of the
appointing authority) shall be reported separately from other absences without pay to
the Auditor-Controller. The existing V.T.O. program shall be continued for the life of the
contract.
14.4 Military Leave. Any employee who is ordered to serve as a member of the State
Militia or the United States Army, Navy, Air Force, Marine Corps, Coast Guard or any
division thereof shall be granted a military leave for the period of such service, plus
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ninety (90) days. Additionally, any employee who volunteers for service during a
mobilization under Executive Order of the President or Congress of the United States
and/or the State Governor in time of emergency shall be granted a leave of absence in
accordance with applicable state or federal laws. Upon the termination of such service
or upon honorable discharge, the employee shall be entitled to return to his/her position
in the classified service provided such still exists and the employee is otherwise
qualified, without any loss of standing of any kind whatsoever.
An employee who has been granted a military leave shall not, because of such
absence, suffer any loss of vacation, holiday, or sick leave privileges which may be
accrued at the time of such leave, nor shall the employee be prejudiced thereby with
reference to salary adjustments or continuation of employment. For purposes of
determining eligibility for salary adjustments or seniority in case of layoff or promotional
examination, time on military leave shall be considered as time in County service.
Any employee who has been granted a military leave, may upon return, be required to
furnish such evidence of performance of military service or of honorable discharge as
the Director of Human Resources may deem necessary.
14.5 Family Care and Medical Leave (FMLA/CFRA). Upon request to the Public
Defender, any eligible employee shall be entitled to twelve (12) weeks leave (less if so
requested by the employee) in any twelve (12) month period for any of the reasons set
forth in the federal Family Medical Leave Act (FMLA) and California Family Rights Act
(CFRA). The twelve (12) month period in which the twelve week leave entitlement
occurs is a “rolling” twelve (12) month period measured backward from the date an
employee uses any FMLA/CFRA leave. Under the “rolling” twelve (12) month period,
each time an employee takes FMLA/CFRA leave, the remaining leave entitlement would
be any balance of the twelve (12) weeks which has not been used during the
immediately preceding twelve (12) months. FMLA/CFRA leave eligibility and use will be
administered in accordance with the FMLA and CFRA and their implementing
regulations, as revised from time to time.
14.6 Pregnancy Disability Leave/How Leave Is Counted.
Insofar as pregnancy disability leave is used under subsection 12.3, paragraph B, sub-
paragraph 4 (Sick Leave Utilization for Pregnancy Disability), that time will not be
considered a part of the twelve (12) week family care leave period.
14.7 Group Health Plan Coverage. Employees who were members of one of the
group health plans prior to commencement of their leave of absence can maintain their
health plan coverage with the County contribution by maintaining their employment in
pay status as described in subsection 14.8 (Leave Without Pay – Use of Accruals).
During the twelve (12) weeks of an approved family medical leave under subsection
14.5 (Family Care And Medical Leave) above, the County will continue its contribution
for such health plan coverage even if accruals are not available for use to maintain pay
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status as required under subsection 14.8 (Leave Without Pay – Use of Accruals). In
order to maintain such coverage, employees are required to pay timely the full
employee contribution to maintain their group health plan coverage, either through
payroll deduction or by paying the County directly.
14.8 Leave Without Pay - Use of Accruals.
A. All Leaves of Absence. During the first twelve (12) month period of any leave of
absence without pay, an employee may elect to maintain pay status each month by
using available sick leave (if so entitled under subsection 12.3 - Policies Governing
the Use of Paid Sick Leave), vacation, floating holiday, or other accruals or
entitlements; in other words, during the first twelve (12) months, a leave of absence
without pay may be "broken" into segments and accruals used on a monthly basis at
the employee's discretion. After the first twelve (12) months, the leave period may
not be "broken" into segments and accruals may not be used, except when required
by Long Term Disability (“LTD”) Benefit Coordination (for employees in the Public
Defender series) or by Sick Leave Integration or as provided in the sections below.
B. California Family Rights Act (CFRA) and Federal Medical Leave Act (FMLA).
During the twelve (12) weeks of an approved family medical leave (FMLA/CFRA), if
a portion of that leave will be on a leave of absence without pay, the employee will
be required to use at least 0.1 hour of sick leave (if so entitled under subsection
12.3 - Policies Governing the Use of Paid Sick Leave), vacation, floating holiday, or
other accruals or entitlements if such are available, although use of additional
accruals is permitted under subsection 14.8, paragraph A (All Leaves of Absence)
above.
C. Leave of Absence/Long Term Disability (LTD) Benefit Coordination. An eligible
employee who files an LTD claim and concurrently takes a leave of absence without
pay will be required to use accruals as provided in subsection 14.8 (All Leaves of
Absence) paragraph B herein during the twelve (12) week entitlement period of a
medical leave specified above. If an eligible employee continues beyond the twelve
(12) week entitlement period on a concurrent leave of absence/LTD claim, the
employee may choose to maintain further pay status only as allowed under
subsection 14.8 paragraph A (All Leaves of Absence) herein.
D. Sick leave accruals may not be used during any leave of absence, except as
allowed under subsection 12.3 (Policies Governing the Use of Paid Sick leave).
14.9 Leave of Absence Replacement and Reinstatement. Any permanent employee
who requests reinstatement to the classification held by the employee in the same
department at the time the employee was granted a leave of absence, shall be
reinstated to a position in that classification and department and then only on the basis
of seniority. In case of severance from service due to the reinstatement of a permanent
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employee, the provisions of Section 10 (Workforce Reduction/Layoff/Reassignment)
shall apply.
14.10 Reinstatement From Family Care/Medical Leave. In the case of a family care
or medical leave, an employee on a 5/40 schedule shall be reinstated to the same or
comparable position if the return to work is after no more than ninety (90) work days of
leave from the initial date of a continuous leave, including use of accruals, or within the
equivalent on an alternate work schedule. A full-time employee taking an intermittent or
reduced work schedule leave shall be reinstated to the same or comparable position if
the return to work on a full schedule is after no more than seven hundred twenty (720)
hours, including use of accruals, of intermittent or reduced schedule leave. At the time
the original leave is approved, the appointing authority shall notify the employee in
writing of the final date to return to work, or the maximum number of hours of leave, in
order to guarantee reinstatement to the same or comparable position. An employee on
a schedule other than 5/40 shall have the time frame for reinstatement to the same or
comparable position adjusted on a pro rata basis.
14.11 Salary Review While on Leave of Absence. The salary of an employee who is
on leave of absence from a County position on any anniversary date and who has not
been absent from the position on leave without pay more than six (6) months during the
preceding year, shall be reviewed on the anniversary date. Employees on military leave
shall receive salary increments that may accrue to them during the period of military
leave.
14.12 Unauthorized Absence. An unauthorized absence from the work site or failure
to report for duty after a leave request has been disapproved, revoked, or canceled by
the appointing authority, or at the expiration of a leave, shall be without pay. Such
absence may also be grounds for disciplinary action.
SECTION 15 - JURY DUTY AND WITNESS DUTY
15.1 Jury Duty.
A. When called for jury duty, County employees, like other citizens, are expected to
discharge their jury duty responsibilities.
B. Employees shall advise their department as soon as possible if scheduled to appear
for jury duty.
C. If summoned for jury duty in a Superior or Federal Court, or a Coroners jury,
employees may remain in their regular County pay status, or they may take paid
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leave (vacation, floating holiday, etc.) or leave without pay and retain all fees and
expenses paid to them.
D. 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:
1. If an employee elects to remain in a regular pay status and waive or surrender
all fees (other than mileage), the employee shall obtain from the Clerk or Jury
Commissioner a certificate indicating the days attended and noting that fees
other than mileage are waived or surrendered. The employee shall furnish the
certificate to his department where it will be retained as a department record.
An "Absence/Overtime Record" (“AOR”) is not required.
2. An employee who elects to retain all fees must take leave (vacation, floating
holiday, etc.) or leave without pay. A court certificate is not required but an
Absence/Overtime Record (“AOR”) must be submitted to the department payroll
clerk.
E. Employees are not permitted to engage in any employment regardless of shift
assignment or occupation before or after daily jury service that would affect their
ability to properly serve as jurors.
F. An employee on short notice standby to report to court, whose job duties make short
notice response impossible or impractical, shall be given alternate work
assignments for those days to enable them to respond to the court on short notice.
G. 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.
15.2 Witness Duty. Employees called upon as a witness or an expert witness in a
case arising in the course of their work or the work of another department may remain in
their regular pay status and turn over to the County all fees and expenses paid to them
other than mileage allowance or they may take vacation leave or leave without pay and
retain all fees and expenses.
Employees called to serve as witnesses in private cases or personal matters (e.g.,
accident suits and family relations) shall take vacation leave or leave without pay and
retain all witness fees paid to them.
Retention or waiver of fees shall be governed by the same provisions as apply to jury
duty as set forth in subsection 15.1 (Jury Duty) of this MOU.
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Employees shall advise their department as soon as possible if scheduled to appear for
witness duty.
SECTION 16 - HEALTH, LIFE & DENTAL CARE
16.1 Health Plan Coverage.
A. 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:
1. Contra Costa Health Plans (CCHP), Plan A
2. Contra Costa Health Plans (CCHP), Plan B
3. Kaiser Permanente Health Plan
4. Health Net HMO/EPO
5. Health Net PPO
6. Delta Dental
7. PMI Delta Care Dental
Employee Co-pays for these plans are as shown on Attachment B.
16.2 County Health and Dental Plan Contribution Rates.
A. Premium Subsidy.
1. Plans other than CCHP A, CCHP B, Delta Dental/CCHP A and B and PMI
Dental Care/CCHP A and B and Health Net PPO. Beginning on January 1,
2011, and for each calendar year thereafter, the County will pay a monthly
premium subsidy for each health and dental plan (other than CCHP Health and
coordinated dental plans and the Health Net PPO) listed in Attachment B that is
equal to the actual dollar premium subsidy that is paid by the County in 2009
plus fifty percent (50%) of that portion of the premium increase charged by the
health or dental plan for 2010 that does not exceed eleven percent (11%) of the
2009 plan premium, plus one hundred percent (100%) of that additional portion
of the premium increase charged by the health or dental plan for 2010 that
exceeds eleven percent (11%) of the 2009 plan premium, if any. 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. If the premium increase for 2011 exceeds eleven percent (11%) of
the 2010 premium charged by the health or dental plan, the County additionally
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will pay that portion of the premium increase that exceeds eleven percent (11%)
of the 2010 premium.
2. CCHP A, CCHP B, Delta Dental/CCHP A and B, PMI Dental Care/CCHP A and
B. Beginning on January 1, 2011, and for each calendar year thereafter, the
County will pay a monthly premium subsidy for CCHP Plan A and the
coordinated dental plans listed in Attachment B that is equal to ninety-three
percent (93%) of the total monthly premium that is paid for the plan in 2010.
Beginning on January 1, 2011 and for each calendar year thereafter, the County
will pay a monthly premium subsidy for CCHP Plan B that is equal to eighty
seven percent (87%) of the total monthly premium that is paid for the plan in
2010. 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 by the CCHP health and/or coordinated
dental plan. If the premium increase for 2011 exceeds eleven percent (11%) of
the 2010 premium charged by the CCHP health and/or coordinated dental plan,
the County additionally will pay that portion of the premium increase that
exceeds eleven percent (11%) of the 2010 premium.
3. Health Net PPO. Beginning on January 1, 2011, and for each calendar year
thereafter, the County will pay a monthly premium subsidy for the Health Net
PPO that is equal to the actual dollar monthly premium subsidy that is paid by
the County in 2009. During the term of this agreement, if there are increases in
the premium charged by the Health Net PPO plan, the County and the
employees will each pay fifty percent (50%) of any premium increase above the
2009 premium.
4. After June 29, 2011, the County will pay a monthly premium subsidy for each
health and/or dental 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 health and/or dental
plan.
B. If the County contracts with a health or dental plan provider not listed in Attachment
B, the amount of the monthly dollar premium subsidy that the County will pay to that
health or dental plan provider for employees and their eligible family members shall
not exceed the amount of the monthly dollar 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 or dental plan, for
any plan year, the County’s contribution will not exceed one hundred percent (100%)
of the applicable plan premium.
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16.3 Retirement Coverage:
A. Upon Retirement:
1. Upon retirement and for the term of this agreement, eligible employees and their
eligible family members may remain in their County health/dental plan, but
without County-paid life insurance coverage, if immediately before their
proposed retirement the employees and dependents are either active
subscribers to one of the County contracted health/dental plans or if while on
authorized leave of absence without pay, they have retained continuous
coverage during the leave period. Beginning on the date on which the Board of
Supervisors approves this Agreement, the County will pay the same monthly
premium subsidies for eligible retirees and their eligible family members as set
forth in subsection 16.2 County Health and Dental Plan Contribution Rates,
paragraph A.
2. Any person who becomes age 65 on or after the date on which the Board of
Supervisors approves this Agreement and who is eligible for Medicare must
immediately enroll in Medicare Parts A and B.
3. For employees hired on or after the date on which the Board of Supervisors
approves this Agreement and their eligible family members, no monthly premium
subsidy will be paid by the County for any health or dental plan after they
separate from County employment. However, any such eligible employee who
retires under the Contra Costa County Employees’ Retirement Association
(“CCCERA”) may retain continuous coverage of any county health or dental plan
provided that (i) he or she begins to receive a monthly retirement allowance from
CCCERA within one hundred twenty (120) days of separation from County
employment and (ii) he or she pays the full premium cost under the chosen
health or dental plan without any County premium subsidy.
B. Employees Who File For Deferred Retirement. Employees, who resign and file for a
deferred retirement and their eligible family members, may continue in their County
group health and dental plan under the following conditions and limitations.
1. Health and dental coverage during the deferred retirement period is totally at the
expense of the employee, without any County contributions.
2. Life insurance coverage is not included.
3. To continue health and dental coverage, the employee must:
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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 have the same health
and/or dental plan coverage pursuant to Subsection 16.3 (Retirement Coverage)
paragraph A as similarly situated retirees who did not defer retirement are
entitled.
5. Deferred retirees may elect continued health benefits hereunder after retirement
and may elect not to maintain participation in their County health and/or dental
plan during their deferred retirement period. When the deferred retirees begin to
receive retirement benefits, they will have the same health and/or dental
coverage pursuant to Subsection 16.3 (Retirement Coverage) paragraph A as
similarly situated retirees who did not defer retirement, provided reinstatement to
a County group health and/or dental plan will only occur following a three (3) full
calendar month waiting period after the month in which their retirement
allowance commences.
6. Employees who elect deferred retirement will not be eligible in any event for
County health or dental plan subvention unless the member draws a monthly
retirement allowance within twenty-four (24) months after separation from
County service.
7. Deferred retirees and their eligible family members are required to meet the
same eligibility provisions for health/dental coverage as similarly situated
retirees who did not defer retirement.
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C. Employees Hired After December 31, 2006 - Eligibility for Retiree Health Coverage:
All employees hired after December 31, 2006 are eligible for retiree health/dental
coverage pursuant to subsection 16.3 (Retirement Coverage) paragraphs (A) and
(B), above, upon completion of fifteen (15) years of service as an employee of
Contra Costa County. For purposes of retiree health eligibility, one (1) year of
service is defined as one thousand (1,000) hours worked within one anniversary
year. The existing method of crediting service while an employee is on an approved
leave of absence will continue for the duration of this Agreement.
D. Subject to the provisions of subsection 16.3 (Retirement Coverage) paragraphs
A, B, and C and upon retirement and for the term of this agreement, the
following employees (and their eligible family members) are eligible to receive a
monthly premium subsidy for health and dental 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 subsection 16.3 (Retirement Coverage) only, ‘eligible family
members’ does not include Survivors of employees or retirees.
16.4 Health Plan Coverages and Provisions. The following provisions are
applicable regarding County Health and Dental Plan participation:
A. Health, Dental and Life Participation by Other Employees: Permanent part-time
employees working nineteen (19) hours per week or less may participate in the
County Health or Dental plans (with the associated life insurance benefit) at the
employee’s full expense.
B. Coverage Upon Separation: An employee who separates from County
employment is covered by his/her County health and/or dental plan through the
last day of the month in which he/she separates. Employees who separate from
County employment may continue group health and/or dental plan coverage to
the extent provided by the COBRA laws and regulations.
16.5 Family Member Eligibility Criteria: The following persons may be enrolled as
the eligible Family Members of a medical or dental plan Subscriber:
A. The Subscriber’s Legal Spouse.
B. The Subscriber’s Qualified Domestic Partner.
C. Children of the Subscriber, the Subscriber’s spouse, or the Subscriber’s Qualified
Domestic Partner who are unmarried and are:
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1. Under 19 years of age.
2. Age 19 and over, who are dependent qualifying children as defined by the
Internal Revenue Service in Publication 501.
3. Age 19 and over, disabled and incapable of sustaining employment due to a
physical or metal disability that existed prior to the child’s attainment of age
19, and who are qualifying dependent children as defined by the Internal
Revenue Service in Publication 501.
4. Children who qualify as “dependent children” include natural children, step-
children, adopted children, and any children specified in a Qualified Medical
Support Order or similar court order.
16.6 Dual Coverage.
A. On and after March 1, 2011, each employee and retiree may be covered only by a
single County health (or dental) plan, including a CalPERS plan. For example, a
County employee may be covered under a single County health and/or dental plan
as either the primary insured or the dependent of another County employee or
retiree, but not as both the primary insured and the dependent of another County
employee or retiree.
B. On and after March 1, 2011, all dependents may be covered by the health and/or
dental plan of only one spouse or one domestic partner. For example, when both
husband and wife are County employees, all of their eligible children may be
covered as dependents of either the husband or the wife, but not both.
C. For purposes of this subsection 16.7 (Dual Coverage) only, “County” includes the
County of Contra Costa and all special districts governed by the Board of
Supervisors, including, but not limited to, the Contra Costa County Fire Protection
District.
16.7 Life Insurance Benefits. For employees who are enrolled in the County’s
program of medical or dental coverage as either the primary or the dependent, term life
insurance in the amount of ten thousand dollars ($10,000) will be provided by the
County. For Deputy Public Defender Attorneys, additional Group Term Life Insurance in
the amount of forty-five thousand dollar ($45,000) will be provided by the County.
16.8 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
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a guaranteed issue, provided the election is made within the required enrollment
periods.
16.9 Health Care Spending Account. After six (6) months of permanent employment,
full and part-time (20/40 or greater) employees may elect to participate in a Health Care
Spending Account (HCSA) Program designated to qualify for tax savings under Section
125 of the Internal Revenue Code, but such savings are not guaranteed. The HCSA
Program allows employees to set aside a predetermined amount of money from their
pay, not to exceed the lesser of either five thousand dollars ($5,000) or the maximum
amount authorized by federal law, per calendar year, of before tax dollars, for health
care expenses not reimbursed by any other health benefit plans. HCSA dollars may be
expended on any eligible medical expenses allowed by Internal Revenue Code Section
125. Any unused balance is forfeited and cannot be recovered by the employee.
16.10 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.
16.11 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 a predetermined amount of
annual salary not to exceed the lesser of either five thousand dollars ($5,000) or the
maximum amount authorized by federal law, of annual salary (before taxes) per
calendar year, of before-tax dollars to pay for eligible dependent care (child and elder
care) expenses. Any unused balance is forfeited and cannot be recovered by the
employee.
16.12 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.
16.13 Prevailing Section. To the extent that any provision of this Section 16 (Health,
Life and Dental Care) is inconsistent with any provision of any other County enactment
or policy, including but not limited to Administrative Bulletins, the Salary Regulations,
the Personnel Management Regulations, or any other agreement or order of the Board
of Supervisors, the provision(s) of this Section 16 (Health, Life and Dental Care) will
prevail.
16.14 Rate Information. The County Benefits Division will make health and dental
plan rate information available upon request to employees and departments. In
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addition, the County Benefits Division will publish and distribute to employees and
departments information about rate changes as they occur during the year.
16.15 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 employee share of the premium, the employee
must make up the difference by remitting the amount delinquent to the Auditor-
Controller. The responsibility for this payment rests with the employee. If payment is
not made, the employee shall be dropped from the health plan.
16.16 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.
16.17 Child Care. The County will continue to support the concept of non-profit child
care facilities similar to the “Kid’s at Work” program established in the Public Works
Department.
SECTION 17 - PROBATIONARY PERIOD
17.1 Duration. All appointments from officially promulgated employment lists for
original entrance and promotion shall be subject to a probationary period. The
probationary period shall be nine (9) months for original entrance appointments and six
(6) months for promotional appointments, except that the probationary period for Deputy
Public Defenders shall be six (6) months for original entrance and promotional
appointments.
17.2 Revised Probationary Period. When the probationary period for a class is
changed, only new appointees to positions in the classification shall be subject to the
revised probationary period.
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17.3 Criteria. The probationary period shall date from the time of appointment to a
permanent position after certification from an eligible list. It shall not include time served
under provisional appointment or under appointment to limited term positions or any
period of continuous leave of absence without pay or period of work connected disability
exceeding fifteen (15) calendar days.
17.4 Rejection During Probation/Appeal.
A. An employee who is rejected during the probation period and restored to the
eligible list shall begin a new probationary period if subsequently certified and
appointed.
B. Notwithstanding any other provisions of this section, an employee (probationer)
shall have the right to appeal from any rejection during the probationary period
based on political, or religious or Association activities, or race, color, national
origin, sex, age, disability, or sexual orientation.
C. The appeal must be written, must be signed by the employee and set forth the
grounds and facts by which it is claimed that grounds for appeal exist under
subsection 18.4 (Rejection During Probation/Appeal) paragraph B and must be
filed through the Director of Human Resources to the Merit Board by 5:00 p.m.
on the seventh (7th) calendar day after the date of delivery to the employee of
notice of rejection.
D. The Merit Board shall consider the appeal, and if it finds probable cause to
believe that the rejection may have been based on grounds prohibited in
subsection 17.4 (Rejection During Probation/Appeal) paragraph B, it may refer
the matter to a Hearing Officer for hearing, recommended findings of fact,
conclusions of law and decision, pursuant to the relevant provisions of the Merit
Board rules in which proceedings the rejected probationer has the burden of
proof.
E. If the Merit Board finds no probable cause for a hearing, it shall deny the appeal.
If, after hearing, the Merit Board upholds the appeal, it shall direct that the
appellant be reinstated in the position and the appellant shall begin a new
probationary period unless the Merit Board specifically reinstates the former
period.
17.5 Regular Appointment. The regular appointment of a probationary employee
shall begin on the day following the end of the probationary period, subject to the
condition that the Director of Human Resources receive from the appointing authority a
statement in writing that the services of the employee during the probationary period
were satisfactory and that the employee is recommended for permanent appointment.
A probationary employee may be rejected at any time during the probation period
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without regard to the Skelly provisions of this Memorandum, without notice and without
right of appeal or hearing. If the appointing authority has not returned the probation
report, a probationary employee may be rejected from the service within a reasonable
time after the probation period for failure to pass probation. If the appointing authority
fails to submit in a timely manner the proper written documents certifying that a
probationary employee has served in a satisfactory manner and later acknowledges it
was his or her intention to do so, the regular appointment shall begin on the day
following the end of the probationary period.
Notwithstanding any other provisions of the MOU, an employee rejected during the
probation period from a position in the Merit System to which the employee had been
promoted or transferred from an eligible list, shall be restored to a position in the
department from which the employee was promoted or transferred. An employee
dismissed for other than disciplinary reasons within six (6) months after being promoted
or transferred from a position in the Merit System to a position not included in the Merit
System shall be restored to a position in the classification in the department from which
the employee was promoted or transferred.
A probationary employee who has been rejected or has resigned during probation shall
not be restored to the eligible list from which the employee was certified unless the
employee receives the affirmative recommendation from the appointing authority and is
certified by the Director of Human Resources whose decision is final. The Director of
Human Resources shall not certify the name of a person restored to the eligible list to
the same appointing authority by whom the person was rejected from the same eligible
list, unless such certification is requested in writing by the appointing authority.
17.6 Layoff During Probation. An employee who is laid off during probation, if
reemployed in the same class by the same department, shall be required to complete
only the balance of the required probation. If reemployed in another department or in
another classification, the employee shall serve a full probationary period. An employee
appointed to a permanent position from a layoff or reemployment list is subject to a
probation period if the position is in a department other than the department from which
the employee separated, displaced, or voluntarily demoted in lieu of layoff. An
appointment from a layoff or reemployment list is not subject to a probation period if the
position is in the department from which the employee separated, displaced or
voluntarily demoted in lieu of layoff.
17.7 Rejection During Probation of Layoff Employee. An employee who has
achieved permanent status in the class before layoff and who subsequently is appointed
from the layoff list and then rejected during the probation period shall be automatically
restored to the layoff list, unless discharged for cause, if the person is within the period
of layoff eligibility. The employee shall begin a new probation period if subsequently
certified and appointed in a different department or classification than that from which
the employee was laid off.
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SECTION 18 - PROMOTION
18.1 Competitive Exam. Promotion shall be by competitive examination unless
otherwise provided in this MOU.
18.2 Promotion Policy. The Director of Human Resources, upon request of an
appointing authority, shall determine whether an examination is to be called on a
promotional basis.
18.3 Open Exam. If an examination for one of the classes represented by the
Association is proposed to be announced on an Open only basis the Director of Human
Resources shall give five (5) days prior notice of such proposed announcement and
shall meet at the request of the Association to discuss the reasons for such open
announcement.
18.4 Promotion via Reclassification Without Examination. Notwithstanding other
provisions of this Section, an employee may be promoted from one classification to a
higher classification and his/her position reclassified at the request of the appointing
authority and under the following conditions:
A. An evaluation of the position(s) in question must show that the duties and
responsibilities have significantly increased and constitute a higher level of work.
B. The incumbent of the position must have performed at the higher level for six (6)
months.
C. The incumbent must meet the minimum education and experience requirements
for the higher class.
D. The action must have approval of the Director of Human Resources.
E. The Association approves such action. The appropriate rules regarding
probationary status and salary on promotion are applicable.
18.5 Requirements for Promotional Standing. In order to qualify for an
examination called on a promotional basis, an employee must have probationary or
permanent status in the merit system and must possess the minimum qualifications for
the class. Applicants will be admitted to promotional examinations only if the
requirements are met on or before the final filing date. If an employee who is qualified
on a promotional employment list is separated from the merit system, except by layoff,
the employee's name shall be removed from the promotional list.
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18.6 Seniority Credits. Employees who have qualified to take promotional
examinations and who have earned a total score, not including seniority credits, of
seventy (70) percent or more, shall receive, in addition to all other credits, five one-
hundredths of one percent (.05%) for each completed month of service as a permanent
County employee continuously preceding the final date for filing application for said
examination. For purposes of seniority credits, leaves of absence shall be considered
as service. Seniority credits shall be included in the final percentage score from which
the rank on the promotional list is determined. No employee, however, shall receive
more than a total of five percent (5%) credit for seniority in any promotional
examination.
18.7 Release Time for Physical Examination. County employees who are required
as part of the promotional examination process to take a physical examination shall do
so on County time at the County’s expense.
18.8 Release Time for Examinations. Permanent employees will be granted
reasonable time from work without loss of pay to take County examinations or to go to
interviews for a County position provided the employees give the Department sufficient
notice of the need for time off. “Reasonable” release time shall include time for travel
and interviewing/testing.
SECTION 19 – RESIGNATIONS.
19.1 Resignation Procedure. An employee's voluntary termination of service is a
resignation. Written resignations shall be forwarded to the Human Resources
Department by the appointing authority immediately on receipt, and shall indicate the
effective date of termination. Oral resignation shall be immediately confirmed by the
appointing authority in writing to the employee and to the Human Resources
Department and shall indicate the effective date of termination.
19.2 Resignation in Good Standing. A resignation giving the appointing authority
written notice at least two (2) weeks in advance of the last date of service (unless the
appointing authority requires a longer period of notice, or consents to the employee's
terminating on shorter notice) is a resignation in good standing.
19.3 Constructive Resignation. A constructive resignation occurs and is effective
when:
A. An employee has been absent from duty for five (5) consecutive working days
without leave; and
B. Five (5) more consecutive work days have elapsed without response by the
employee after the receipt of a registered or certified letter citing a notice of
resignation by the appointing authority to the employee at the employee's last
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known address, but no more than ten (10) working days from mailing of said
notice.
19.4 Effective Resignation. A resignation is effective when delivered or spoken to
the appointing authority, operative on that date or another date specified. An employee
who resigns without advance notice, as set forth in subsection 19.2 (Resignation in
Good Standing), may seek rescission of the resignation and reinstatement by delivering
an appeal in writing to the Human Resources not later than close of business on the
third (3rd) calendar day after the resignation is effective. Within five (5) work days of
receipt of the appeal, the Director of Human Resources shall consider the appeal and
render a final and binding decision including, if applicable, the date of reinstatement.
19.5 Revocation. A resignation that is effective is revocable only by written
concurrence of the employee and the appointing authority.
19.6 Coerced Resignations.
A. Time Limit. A resignation which the employee believes has been coerced by the
appointing authority may be revoked within seven (7) calendar days after its
expression, by serving written notice on the Director of Human Resources and a
copy to the appointing authority.
B. Reinstatement. If the appointing authority acknowledges that the employee could
have believed that the resignation was coerced, it shall be revoked and the
employee returned to duty effective on the day following the appointing authority's
acknowledgment without loss of seniority or pay.
C. Contest. Unless, within seven (7) days of the receipt of the notice, the appointing
authority acknowledges that the resignation could have been believed to be
coerced, this question should be handled as an appeal to the Merit Board. In the
alternative, the employee may file a written election with the Director of Human
Resources waiving the employee's right of appeal to the Merit Board in favor of the
employee's appeal rights under the grievance procedure contained in Section 21 of
the MOU beginning with Step 3.
D. Disposition. If a final decision is rendered that determines that the resignation was
coerced, the resignation shall be deemed revoked and the employee returned to
duty effective on the day following the decision but without loss of seniority or pay,
subject to the employee's duty to mitigate damages.
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SECTION 20 - DISMISSAL, SUSPENSION, TEMPORARY REDUCTION IN PAY, AND
DEMOTION
20.1 Sufficient Cause for Action. The appointing authority may dismiss, suspend,
temporarily reduce the pay of, or demote any employee for cause. The reduction in pay
may not exceed five percent (5%) for a three (3) month period. The following are
sufficient causes for such action; the list is indicative rather than inclusive of restrictions
and dismissal, suspension or demotion may be based on reasons other than those
specifically mentioned:
A. Absence without leave.
B. Conviction of any criminal act involving moral turpitude.
C. Conduct tending to bring the merit system into disrepute.
D. Disorderly or immoral conduct.
E. Incompetence or inefficiency.
F. Insubordination.
G. Being at work under the influence of liquor or drugs, carrying onto the premises
liquor or drugs or consuming or using liquor or drugs during work hours and/or on
County premises.
H. Neglect of duty (i.e. non-performance of assigned responsibilities).
I. Negligent or willful damage to public property or waste of public supplies or
equipment.
J. Violation of any lawful or reasonable regulation or order given by a supervisor or
Department Head.
K. Willful violation of any of the provisions of the merit system ordinance or
Personnel Management Regulations.
L. Material and intentional misrepresentation or concealment of any fact in
connection with obtaining employment.
M. Misappropriation of County funds or property.
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N. Unreasonable failure or refusal to undergo any physical, medical and/or
psychiatric exam and/or treatment authorized by this MOU.
O. Dishonesty or theft.
P. Excessive or unexcused absenteeism and/or tardiness.
Q. Sexual harassment, including but not limited to unwelcome sexual advances,
requests for sexual favors, and other verbal, or physical conduct of a sexual
nature, when such conduct has the purpose or effect of affecting employment
decisions concerning an individual, or unreasonably interfering with an
individual's work performance, or creating an intimidating and hostile working
environment.
20.2 Skelly Requirements. Before taking a disciplinary action to dismiss, suspend
for more than five (5) work days, temporarily reduce the pay of, or demote an employee,
the appointing authority shall cause to be served personally or by certified mail, on the
employee, a Notice of Proposed Action, which shall contain the following:
A. A statement of the action proposed to be taken.
B. A copy of the charges; including the acts or omissions and grounds upon which
the action is based.
C. If it is claimed that the employee has violated a rule or regulation of the County,
department or district, a copy of said rule shall be included with the notice.
D. A statement that the employee may review and request copies of materials upon
which the proposed action is based.
E. A statement that the employee has seven (7) calendar days to respond to the
appointing authority either orally or in writing.
20.3 Employee Response. The employee upon whom a Notice of Proposed Action
has been served shall have seven (7) calendar days to respond to the appointing
authority either orally or in writing before the proposed action may be taken. Upon
request of the employee and for good cause, the appointing authority may extend in
writing the period to respond. If the employee's response is not filed within seven (7)
days or during an extension, the right to respond is lost.
20.4 Leave Pending Employee Response. Pending response to a Notice of
Proposed Action within the first seven (7) days or extension thereof, the appointing
authority for cause specified in writing may place the employee on temporary leave of
absence, with pay.
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20.5 Length of Suspension. Suspensions without pay shall not exceed thirty (30)
days unless ordered by an arbitrator, an adjustment board or the Merit Board.
20.6 Procedure on Dismissal, Suspension, Temporary Reduction in Pay, or
Demotion.
A. Written Order Required. In any disciplinary action to dismiss, suspend, temporarily
reduce the pay of, or demote an employee having permanent status in a position in
the merit system, after having complied with the Skelly requirements where
applicable, the appointing authority shall make an order in writing stating specifically
the causes for the action.
B. Service of Order. Said order of dismissal, suspension, temporary reduction in pay,
or demotion shall be filed with the Director of Human Resources, showing by whom
and the date a copy was served upon the employee to be dismissed, suspended,
temporarily reduced in pay, or demoted, either personally or by certified mail to the
employee's last known mailing address. The order shall be effective either upon
personal service or deposit in the U.S. Postal Service.
C. Employee Appeals from Order. The employee may appeal an order of dismissal,
suspension, temporary reduction in pay, or demotion either to the Merit Board or
through the procedures of Section 21 (Grievance Procedure) of this MOU provided
that such appeal is filed in writing with the Director of Human Resources within ten
(10) calendar days after service of said order. An employee may not both appeal to
the Merit Board and file a grievance under Section 21 (Grievance Procedure) of this
MOU.
20.7 Employee Representation Rights. The County recognizes an employee’s right
to representation during an investigatory interview or meeting which may result in
discipline. The County shall not interfere with the representative’s right to assist an
employee to clarify the facts during the interview. If the employee requests an
Association representative, the investigatory interview shall be temporarily recessed for
a reasonable period of time until a Association representative can be present. For
those interviews, which by nature of the incident must take place immediately, the
Association will take all reasonable steps to make an Association representative
immediately available. The employer shall inform the employee of the general nature of
the investigation at the time the employer directs the employee to be interviewed.
SECTION 21 - GRIEVANCE PROCEDURE
21.1 Definition and Procedural Steps. A grievance is any dispute that involves the
interpretation or application of any provision of this MOU excluding, however, those
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provisions of this MOU that specifically provide that the decision of any County official
shall be final, the interpretation or application of those provisions is not subject to the
grievance procedure. An employee may elect to appeal disciplinary action through this
grievance procedure, or to the Merit Board on matters within its jurisdiction, but not
both. The Association may represent the grievant at any step of the process.
Grievances must be filed within thirty (30) calendar days of the incident or occurrence
about which the grievant claims to have a grievance and shall be processed in the
following manner:
Step 1. The Association or any employee or group of employees (“grievant”) who
believes that a provision of this MOU has been misinterpreted or misapplied to his, her,
or their detriment shall discuss the complaint with the grievant's immediate supervisor,
who shall meet with the grievant within five (5) work days of receipt of a written request
to hold such meeting. The supervisor will advise the grievant in writing, within five (5)
work days of the meeting, whether the grievance is granted or denied. The supervisor
shall deliver his/her determination to the departmental mailbox of one of the three Public
Defenders designated by the Association as Association representatives or email it to
all three.
Step 2. If an issue is not satisfactorily resolved in Step 1 above, the Association may
submit the grievance in writing to the Public Defender or his or her designee. This
request must be filed no more than ten (10) work days after the step 1 letter from the
supervisor is delivered to the Association. This formal written grievance must state
which provision(s) of the MOU has been misinterpreted or misapplied, how it has been
misinterpreted or misapplied, how misapplication or misinterpretation has affected the
grievant to the grievant's detriment, and the redress the Association seeks. A copy of
each written communication regarding a grievance must be filed with the Director of
Human Resources. The Public Defender or his or her designee shall have ten (10)
work days in which to respond to the grievance in writing stating the reason(s) for the
disposition of the grievance. The response shall be hand-delivered to the departmental
mailbox of one of the three Public Defender representatives designated by the
Association as Association representatives or email it to all three.
Step 3. If a grievance is not resolved at Step 2, the Association may submit the
grievance to the Human Resources Director in writing within ten (10) work days after
receipt of the grievance at Step 2 response is delivered to the Association. Within
twenty (20) work days after receipt of the grievance at Step 2, the Human Resources
Director or designee must meet with the Association and the Public Defender or his/her
designee to discuss the facts, discuss other potentially relevant information or avenues
of inquiry and any terms either party wishes to offer to resolve the grievance.
Both parties shall be prepared and present the following information to the other party in
the course of the step 3 meeting:
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1. The name of the grievant(s);
2. The specific contract provision(s) allegedly violated in each instance;
3. A statement of the facts that show the time, place and manner of each alleged
breach;
4. A copy of each relevant document available at the time of the Step 3 meeting; and
5. The specific remedy sought.
Within fifteen (15) working days after the Step 3 meeting, the Human Resources
Director or his/her designee shall hand deliver, to the departmental mail box of one of
the three Public Defenders designated by the Association to represent the Association
or by email to all three, a written response to the grievance stating the reason(s) for the
disposition of the grievance.
Step 4. If the grievance is not resolved at step 3, either party may notify the other, in
writing within fifteen (15) work days of the delivery of step 3 response, of its desire to
arbitrate the grievance. The parties will mutually select an arbitrator from a list of five (5)
impartial arbitrators on which the parties have previously agreed. If the selected
arbitrator is unable to offer a date for the arbitration within one hundred twenty (120)
days of the request shall be skipped. The arbitrator whose name was struck
immediately before the arbitrator that was first selected will then serve as the arbitrator,
subject to the same scheduling requirement. The parties will alternately strike from the
list to select the arbitrator, the order of striking to be determined by lot. Vacancies on
the list will be filled by mutual agreement.
The decision of the arbitrator shall be final and binding. The arbitrator will not have the
right to alter, amend, delete, or add to any of the terms of this Agreement. The
arbitrator will have full authority to fashion an appropriate remedy.
The fees and expenses of the arbitrator and the court reporter (if any) will be shared
equally by the Association and the County. If either party wishes to have a court
reporter, one will be used and his/her fees and expenses will be shared equally. Each
party will bear the costs of its own presentation including, but not limited to, preparation
and post-hearing briefs, if any.
21.2 Filing By The Association At Step 3. The Association may file a grievance at
Step 3 on behalf of affected employees when action by the County Administrator or the
Board of Supervisors allegedly violates a provision of this MOU.
21.3 Time Limits. The time limits specified above may be waived by mutual agreement
of the parties to the grievance. If the County fails to meet the time limits specified in
Steps 1 through 3 above, the grievance will automatically move to the next step. If a
grievant fails to meet the time limits specified in Steps 1 through 4 above, the grievance
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will be deemed to have been withdrawn. Any procedural issue of arbitrability, including
compliance with time limits, will be decided by the arbitrator.
21.4 Strike/Work Stoppage. During the term of this MOU, the Association, its
members and representatives, agree that it and they will not engage in, authorize,
sanction, or support any strike, slowdown, stoppage of work, sick-out, or refusal to
perform customary duties. In the case of a legally declared lawful strike against a
private or public sector employer which has been sanctioned and approved by the labor
body or council having jurisdiction, an employee who is in danger of physical harm shall
not be required to cross the picket line, provided the employee advises his or her
supervisor as soon as possible, and provided further that an employee may be required
to cross a picket line where the performance of his or her duties is of an emergency
nature and/or failure to perform such duties might cause or aggravate a danger to public
health or safety.
SECTION 22 - BILINGUAL PAY
A salary differential of one hundred dollars ($100) per month shall be paid incumbents
of positions requiring bilingual proficiency as designated by the appointing authority and
Director of Human Resources. Said differential shall be paid to eligible employees in
paid status for any portion of a given month. Designation of positions for which bilingual
proficiency is required is the sole prerogative of the County. The Association shall be
notified when such designations are made.
SECTION 23 - RETIREMENT CONTRIBUTION
23.1 Contribution. Pursuant to Government Code Section 31581.1, the County will
continue to pay fifty percent (50%) of the retirement contributions normally required of
employees. Such payments shall continue for the duration of this MOU, and shall
terminate thereafter. Employees shall be responsible for payment of the employees'
contribution for the retirement cost of living program as determined by the Board of
Retirement of the Contra Costa County Employees' Retirement Association without the
County paying any part of the employee’s share. The County will pay the remaining
one-half (½) of the retirement cost-of-living program contribution.
23.2 Tier III. Subject to the enactment of enabling legislation amending the 1937
Employees’ Retirement Act to allow such election, the County will permit certain Tier II
employees to elect a Tier III Retirement Plan under the following conditions:
A. The County and the Association must agree on the wording of the legislation and
both parties must support the legislation.
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B. Except for disability, all benefit rights, eligibility for and amounts of all other
benefit entitlements for Tier III, from and after the date of implementation, shall be
the same as Tier I. The disability benefits for Tier III shall be the same as the
current Tier II disability provisions.
C. The amount of the employee's required retirement contribution shall be
established by the County Employees' Retirement Association and shall be
based on the employee’s age at entry into the retirement system.
D. Employees represented by the Association enrolled in Tier II who have attained
five (5) years of retirement credited service as of the effective date of the
enabling legislation shall have a six (6) month period after such date to make a
one time irrevocable election of the Tier III Retirement Plan expressed herein
subject to action by the Board of Supervisors to implement the Plan. Thereafter,
employees represented by the Association enrolled in Tier II who have attained
five (5) years of retirement credited service shall have a ninety (90) day period to
make a one time irrevocable election of the Tier III Retirement Plan expressed
herein. The County's employer contributions and subvention of employee
contributions for Association employees electing Tier III which exceed those
which would be required for Tier II membership shall:
1. Be funded by reducing the general wage increase agreed upon to be effective
October 1, 1997, and the pay equity amounts attributable thereto, by a
percentage sufficient to reduce the County’s wage obligation by $3 million
dollars per year; and the general wage increase of all employees represented
by the Association shall be reduced accordingly; and
2. In the event the County’s costs attributable to the creation and operation of
Tier III exceed $3 million per year or the County Employees’ Retirement
Association’s actuaries determine in future years that the County’s retirement
costs have increased and that the increase is attributable to the creation of
Tier III and/or the impact of Tier III on the County’s retirement costs, such
increase shall be funded by reducing the general wage increase(s) agreed
upon in future years, and the pay equity amounts attributable thereto, to the
extent that future wage increases are granted; and the general wage
increase(s) of all employees represented by the Association shall be reduced
accordingly; and
3. In the event the County’s costs attributable to the Tier III Retirement Plan are
less than $3 million per year, the difference shall be divided by twelve (12)
and each twelfth (12th) shall be augmented by an amount equal to the
County’s common pooled fund interest which would have accrued if one (1)
twelfth (12th) had been invested in the first month of the past year, two (2)
twelfths (12ths) in the second month of the past year and so forth; and
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4. Any savings to the County resulting from the creation and operation of Tier III
shall be used to offset future County retirement cost increases attributable to
the creation and operation of Tier III; and
5. County savings shall be held in an account by the Auditor-Controller which is
invested in the County’s common pooled fund and will accrue interest
accordingly. The County will report yearly to the Association on
a) the beginning account balance,
b) the interest earned,
c) expenditures from the account to cover increased costs resulting from the
Tier III Retirement Plan, and
d) the ending account balance.
Any increased costs to the County, due to Tier III participation by employees not
represented by the Association, shall not be funded by reduction of general wage
increases otherwise due to the employees represented by the Association.
Subject to the provisions expressed above, any and all additional employer and
County-paid employee contributions which exceed the sum of the County's legally
required contributions under Tier II shall be recovered by reducing general wage
increases to the employees represented by the Association. Any disputes regarding
cost or savings shall be subject to binding arbitration upon demand of the
Association or the County. The enabling legislation shall provide that the Tier III
Retirement Plan may be implemented only by an ordinance enacted by the Board of
Supervisors. Board of Supervisors’ action to implement the Tier III Retirement Plan
shall be taken not earlier than seven (7) months after the effective date of the
legislation plus thirty (30) days after an actuarial report on the County cost of the
Plan is received by the County, provided that before enactment of the ordinance, the
Association has not notified the County in writing that a one percent (1%) wage
increase shall be implemented by the County effective October 1, 1997, without
interest, in lieu of implementation of the Tier III Retirement Plan. The establishment
of the Tier III Retirement Plan pursuant to the terms of this MOU shall be subject to
approval by the Board of Retirement of the Contra Costa County Employees’
Retirement Association. In the event the County is prevented from implementing
the Tier III Retirement Plan for any reason on or before the termination date of this
MOU, the agreement of the parties regarding a Tier III Retirement Plan shall expire
and a one percent (1%) lump sum wage increase shall be implemented by the
County within sixty (60) days after the determination that Tier III cannot be
implemented or as soon thereafter as practicable for the period covering October 1,
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1997 through such termination date, without interest, in lieu of the Tier III Retirement
Plan. Effective October 1, 2002, Tier 2 of the retirement plan shall be eliminated
and all employees in Tier 2 of the retirement plan shall be placed in Tier 3.
Employees in the above classifications with ten (10) or more years of County/District
service may replace Tier II benefits with Tier III benefits as follows:
1. Employee buys back two (2) years, County will buy back one (1) year for a
total of three (3) years of buyback.
2. Employee buys back four (4) years, County will buy back two (2) years for a
total of six (6) years of buyback.
3. Employee buys back six (6) years, County will buy back three (3) years for a
total of nine (9) years of buyback.
The Opportunity to replace Tier II benefits with Tier III benefits, as set forth above,
ends upon adoption of this Memorandum of Understanding by the Board of
Supervisors.
SECTION 24 - TRAINING AND PROFESSIONAL EXPENSE REIMBURSEMENT
24.1 Deputy Public Defender Professional Expenses. The County shall reimburse
each Deputy Public Defender up to a maximum of six hundred dollars ($600) for each
fiscal year for the following types of expenses: membership dues in legal, professional
associations; purchase of legal publications; legal on-line computer services; and
training and travel costs for educational courses related to the duties of a Deputy Public
Defender; and software and hardware from a standardized County approved list or with
Department Head approval, provided each Deputy Public Defender complies with the
provisions of the Computer Use and Security Policy adopted by the Board of
Supervisors. Any unused accrual may be carried forward to the next fiscal year up to
eight hundred dollars ($800). The County shall reimburse each Deputy Public Defender
for California State Bar membership dues (but not penalty fees) and for criminal
specialization fees. To be eligible, one must be a permanent Deputy Public Defender
with the Contra Costa County Public Defender's Department as of January 1 of the
calendar year for which reimbursement is requested.
24.2 Public Defender Investigator Professional Expenses. The County shall
reimburse each Public Defender Investigator up to a maximum of two hundred fifty
dollars ($250) each fiscal year for the following types of expenses: membership dues in
investigation/legal/professional associations; purchase of investigation/legal
publications; and training travel costs for educational courses related to the duties of a
Public Defender Investigator; and software and hardware from a standardized County
approved list or with Department Head approval, provided each Public Defender
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Investigator complies with the provisions of the Computer Use and Security Policy
adopted by the Board of Supervisors. Any unused accrual may be carried forward to
the next fiscal year up to three hundred seventy five dollars ($375).
SECTION 25 - VIDEO DISPLAY TERMINAL (VDT) USERS EYE EXAMINATION
Employees shall be eligible to receive an annual eye examination on County time and at
County expense in accordance with the following conditions:
A. Eligible employees must use a video display terminal at least an average of two
hours per day as certified by their department.
B. Eligible employees who wish an eye examination under this program should
request it through the County Human Resources Department, Benefits Division,
who will arrange for eye examinations and monitor the results on a County-wide
basis.
C. Should prescription VDT glasses be prescribed for an employee following an eye
examination, the County agrees to provide, at no cost, the basic coverage
including a ten ($10) dollar frame and single vision lenses. Employees may,
through individual arrangement between the employee and his/her doctor, and
solely at the employee's expense, include bifocal, trifocal or blended lenses and
other care, services or materials not covered by the plan. The basic plan
coverage, including the examination, may be credited toward the employee
enhanced benefit.
SECTION 26 – VEHICLE COSTS
26.1 Reimbursement for Use of Personal Vehicle. The mileage allowance for use of
personal vehicles on County business shall be paid according to the rates allowed by
the Internal Revenue Service and shall be adjusted to reflect changes in this rate on the
date it becomes effective or the first of the month following announcement of the
changed rate by the Internal Revenue Service, whichever is later.
26.2 Charge For Use of Home Garaged County Vehicle. Employees hired after July
1, 1994 who are assigned vehicles to garage at home will be charged the IRS mileage
rate for all commute miles driven outside the limits of Contra Costa County that exceed
thirty (30) miles round-trip in any one day.
26.3 Investigator Use of County Cars. The Office of Public Defender will continue the
current policy regarding the use of cars by Public Defender Investigators.
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SECTION 27 - PAY WARRANT ERRORS
If an employee receives a pay warrant which has an error in the amount of
compensation to be received and if this error occurred as a result of a mistake by the
Auditor-Controller's Department, it is the policy of the Auditor-Controller's Department
that the error will be corrected and a new warrant issued within forty-eight (48) hours,
exclusive of Saturdays, Sundays and holidays from the time the Department is made
aware of and verifies that the pay warrant is in error. If the pay warrant error has
occurred as a result of a mistake by an employee (e.g. payroll clerk) other than the
employee who is receiving the pay, the error will be corrected as soon as possible from
the time the department is made aware that pay warrant is in error. Pay errors in
employee pay shall be corrected as soon as possible as to current pay rate but that no
recovery of either overpayments or underpayments to an employee shall be made
retroactively except for the two (2) year period immediately preceding discovery of the
pay error. This provision shall apply regardless of whether the error was made by the
employee, the appointing authority or designee, the Director of Human Resources or
designee, or the Auditor-Controller or designee. Recovery of fraudulently accrued over
or underpayments are excluded from this section for both parties. When the County
notifies an employee of an overpayment and proposed repayment schedule and the
employee wishes to meet with the County, a meeting will be held at which time a
repayment schedule shall be determined. If requested by the employee, a Association
representative may be present at a meeting with management to discuss a repayment
schedule in the case of overpayments to the employee.
SECTION 28 - FLEXIBLE STAFFING
Certain positions may be designated by the Director of Human Resources as flexibly
staffed positions. Positions are generally allocated at the first level of the job series
when vacated. When the position is next filled and an incumbent of one of these
positions meets the minimum qualifications for the next higher level and has met
appropriate competitive requirements he or she may then be promoted to the next
higher classification within the job series without need of a classification study. If the
Public Defender’s Department verifies in writing that an administrative or clerical error
was made in failing to submit the documents needed to promote an employee on the
first of the month when eligible, said appointment shall be made retroactive to the first of
the month when eligible. An employee who is denied a promotion to a flexibly staffed
position may appeal such denial to the Merit Board.
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SECTION 29 - PERSONNEL FILES
An employee shall have the right to inspect and review any official record(s) relating to
his or her performance as an employee or to a grievance concerning the employee
which is kept or maintained by the County in the employee's personnel file in the Human
Resources Department or in the employee's personnel file in their Department. The
employee’s Association representative, with written authorization by the employee, shall
also have the right to inspect and review any official record(s) described above. The
contents of such records shall be made available to the employee and/or the
employee’s Association representative, for inspection and review at reasonable
intervals during the regular business hours of the County. Employees shall be
permitted to review their personnel files at the Personnel office during their working
hours. For those employees whose work hours do not coincide with the County’s
business hours, management shall provide a copy of the employee’s personnel file for
the employee’s review. The custodian of records will certify that the copy is a true and
correct copy of the original file.
The County shall provide an opportunity for the employee to respond in writing to any
information which is in the employee’s personnel file about which he or she disagrees.
Such response shall become a permanent part of the employee's personnel record.
The employee shall be responsible for providing the written responses to be included as
part of the employee's official personnel file. This section does not apply to the records
of an employee relating to the investigation of a possible criminal offense, medical
records and information or letters of reference.
Counseling memos, which are not disciplinary in nature, are to be retained in the file
maintained by the employee's supervisor or the person who issued the counseling
memo and are not to be transferred to the employee's central file which is normally
retained by the Human Resources Department unless such memos are subsequently
used in conjunction with a disciplinary action such as a letter of reprimand.
All documents pertaining to disciplinary actions shall be placed in the employee's official
personnel file within five (5) work days after the time management becomes aware of
the incident and has completed its investigation as to whether the employee is culpable
and shall be date stamped or dated at time of entry. This section is not intended to
include supervisor's notes or reminders of specific incidents or ongoing reports such as
attendance records. Generally, such investigations should be completed within thirty
(30) calendar days of the date management becomes aware of the incident(s), it being
understood that under certain circumstances such as the unavailability of witnesses or
the possibility of a criminal act having been committed may cause the investigation to
take longer than the aforementioned thirty (30) days.
Copies of written reprimands or memoranda pertaining to an employee's unsatisfactory
performance which are to be placed in the employee's personnel file shall be given to
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an employee who shall have the right to respond in writing to said documents. Letters
of reprimand are subject to the grievance procedure but shall not be processed past
Step 3. If a letter of reprimand is used in a subsequent discharge, suspension or
demotion of the employee, the validity of the letter of reprimand may be considered at
any arbitration of the subsequent disciplinary action.
Copies of letters of commendation which are to be placed in the employee's personnel
file will be given to the employee. Employees have the right to review their official
personnel files which are maintained in the Human Resources Department or by their
departments. In a case involving a grievance or disciplinary action, the employee's
designated representative may also review his/her personnel file with specific written
authorization from the employee. The County shall supply the Association with lists of
official personnel files and locations.
Derogatory material in an employee's personnel file over two years old will not be used
in a subsequent disciplinary action unless directly related to the action upon which the
discipline is taken. Derogatory material does not include prior suspensions, demotions
or dismissals for cause.
SECTION 30 - SERVICE AWARDS
The County shall continue its present policy with respect to service awards including
time off provided, however, that the type of award given shall be at the sole discretion of
the County. The following procedures shall apply with respect to service awards:
A. Presentation Before the Board of Supervisors. An employee with twenty (20) or
more years of service may go before the Board of Supervisors to receive his/her
Service Award. When requested by a department, the Human Resources
Department will make arrangements for the presentation ceremony before the
Board of Supervisors and notify the department as to the time and date of the
Board meeting.
B. Service Award Day Off. Employees with fifteen (15) or more years of service are
entitled to take a day off with pay at each five (5) year anniversary.
SECTION 31 – REIMBURSEMENT FOR MEAL EXPENSE
Employees shall be reimbursed for meal expenses under the following circumstances
and in the amount specified:
A. When the employee is required by his/her Department Head to attend a meeting
concerning County business or County affairs.
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B. When the employee is required to be out of his/her regular or normal work area
during a meal hour because of a particular work assignment.
C. When the employee is required to stay over to attend consecutive or continuing
afternoon and night sessions of a board or commission.
D. When the employee is required to incur expenses as host for official guests of
the County, work as members of examining boards, official visitors, and
speakers or honored guests at banquets or other official functions.
E. When the employee is required to work three (3) or more hours of overtime or
scheduled to work overtime with less than twenty-four (24) hours notice; in this
case he or she may be reimbursed in accordance with the Administrative
Bulletin on Expense Reimbursement. Meal costs will be reimbursed only when
eaten away from home or away from the facility in the case of employees at
twenty-four (24) hour institutions.
SECTION 32 - COMPENSATION FOR LOSS OR DAMAGE TO PERSONAL
PROPERTY
The loss or damage to personal property of employees is subject to reimbursement
under the following conditions:
A. The loss or damage must result from an event which is not normally encountered
or anticipated on the job and which is not subject to the control of the employee.
B. Ordinary wear and tear of personal property used on the job is not compensated.
C. Employee tools or equipment provided without the express approval of the
Department Head and automobiles are excluded from reimbursement.
D. The loss or damage must have occurred in the line of duty.
E. The loss or damage was not a result of negligence or lack of proper care by the
employee.
F. The personal property was necessarily worn or carried by the employee in order
to adequately fulfill the duties and requirements of the job.
G. The loss or damage to employee’s eyeglasses, dentures or other prosthetic
devices did not occur simultaneously with a job connected injury covered by
Workers' Compensation.
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H. The amount of reimbursement shall be limited to the actual cost to repair
damages. Reimbursement for items damaged beyond repair shall be limited to
the actual value of the item at the time of loss or damage but not more than the
original cost.
I. The burden of proof of loss rests with the employee.
J. Claims for reimbursement must be processed in accordance with the
Administrative Bulletin on Compensation for Loss or Damage to Personal
Property.
SECTION 33 - UNFAIR LABOR PRACTICE
Either the County or the Association may file an unfair labor practice as defined in
Board of Supervisor's Resolution 81/1165 against the other. Allegations of an unfair
labor practice, if not resolved in discussions between the parties within thirty (30) work
days from the date of receipt, may be heard and decided by a mutually agreed upon
impartial third party.
SECTION 34 - PERMANENT PART-TIME EMPLOYEES
34.1 Benefits. Permanent part-time employees receive prorated vacation and sick
leave benefits. They are eligible for health, dental and life insurance benefits at
corresponding premium rates providing they work at least fifty percent (50%) of full-time.
If the employee works at least fifty percent (50%) of full-time, County retirement
participation is also included.
34.2 Hours. Permanent part-time employees who wish to have the hours of their
position increased, must so request in writing. These requests must be received by the
employee's department during the month of January and/or July for the duration of this
MOU. Departments reviewing these requests will evaluate them within thirty (30) days
of their receipt by considering the actual hours assigned to and worked by the employee
during the previous six (6) months and the anticipated continuing need from their
assignment on an increased basis. Those requests which are approved by the
department for an increase in hours will be submitted for consideration by the County as
a P300 request within an additional sixty (60) days. Nothing contained herein shall
conflict with layoff/reemployment provisions.
34.3 Holiday Credit for Part-Time Employees. Permanent part-time employees shall
receive holiday credit in the same ratio to the holiday credit given full-time employees as
the number of hours per week in the part-time employee's schedule bear to the number
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of hours in the regular full-time schedule, regardless of whether the holiday falls on the
part-time employee's regular work day. Permanent part-time employees (excluding
Deputy Public Defenders) who work on a holiday shall receive overtime pay for all hours
worked, up to a maximum of eight (8).
SECTION 35 – TEMPORARY EMPLOYEES.
35.1 Leave Benefits
A. Crediting and Maximum Accumulation of Paid Time Off. On the first of the
month following a temporary employee’s completion of two thousand eighty
(2080) straight time hours worked, he or she shall be credited with forty (40)
hours of “paid time off” (“PTO”). Forty (40) hours paid time off credit is the
maximum amount an employee may have at any time.
B. Use of Paid Time Off. Paid time off shall not be taken until credited per
subsection 44.3 paragraph A (Crediting and Maximum Accumulation of Paid
Time Off) above.
C. Payoff at Separation. If a temporary employee terminates his/her County
employment (separates from County service), the employee shall be paid all
currently “credited” PTO hours, as described in subsection 40.1 paragraph A
(Crediting and Maximum Accumulation of Paid Time Off) and, in addition, shall
be paid off for that portion of PTO hours earned but not credited on the basis of
that portion of the straight time hours worked (“STHW”) toward the next
increment of two thousand eighty (2080) straight time hours required for
crediting of PTO. The formula for the earned but not credited payoff is: STHW
divided by 2080 multiplied by 40 multiplied by the current hourly pay rate at
separation.
D. Appointment to a Permanent Position. If a temporary employee is appointed
to a permanent position, the credited PTO hours and the earned but not yet
credited PTO hours (as described in paragraph 40.1 paragraph C [Payoff at
Separation] above) shall be converted to vacation hour and subject to the
provisions of this Memorandum of Understanding relating to Vacation. When a
temporary employee is appointed to a permanent position, the employee shall
be allowed to use the earned paid time off hours during the first six (6) months of
employment in a permanent position.
35.2. Health Benefits for Temporary Employees. The following benefit program
shall be offered to temporary employees:
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A. Program. The County shall offer CCHP Plan A-2 at the subsidy rate below to
those temporary employees who meet and maintain eligibility.
1. Through June 29, 2011, the County will pay the monthly premium subsidy of
fifty percent (50%) of the cost of the CCHP Plan A-2 premium for a single
individual.
2. After June 29, 2011, the County will pay a monthly premium subsidy for the
CCHP Plan A-2 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
Plan A-2.
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 temporary employee must remain in paid
status a minimum of forty (40) hours during each successive month and maintain
an average of fifty percent (50%) time year-to-date from the date of eligibility.
C. Pre-Pay. Employees who have achieved eligibility under the terms of D.2 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 prepay their portion of the health insurance premium in order to
continue benefits. In addition, temporary employees who meet the eligibility
requirements and who have been voluntarily paying the total premium for a
County Group Health Plan 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 for temporary employees shall be for
thirty (30) days and coincide with the open enrollment period for County
employees. Temporary 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.
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35.3 Temporary Employee Step Placement.
A. New Employees. The anniversary date of a new temporary employee is the first
day of the calendar month after the calendar month when the employee successfully
completes one thousand forty (1040) straight time hours.
B. Initial Step Placement. New temporary employees shall generally be appointed at
the minimum step of the salary range established for the particular class of position
to which the appointment is made. However, the appointing authority may fill a
particular position at a step above the minimum of the range if mutually agreeable
guidelines have been developed in advance or the Director of Human Resources (or
designee) offers to meet confer with the Association on a case by case basis each
time prior to formalizing the appointment.
C. Increments within Range. The performance of each employee shall be reviewed
after the employee has completed an additional two thousand eighty (2080) straight
time hours of work. Advancement shall be granted on the affirmative
recommendation of the appointing authority, based on satisfactory performance by
the employee. The appointing authority may recommend denial of the increment or
denial subject to one additional review at some specified date before the next
anniversary which must be set at the time the original report is returned. Except as
herein provided, increments within range shall not be granted more frequently than
once a year, nor shall more than one (1) step within range increment be granted at
one time. Increments shall not be granted to a temporary employee more frequently
than after the first one thousand forty (1040) straight time hours worked and after
each two thousand eighty (2080) additional straight time hours worked thereafter. In
case an appointing authority recommends denial of the within range increment on
some particular anniversary date, but recommends a special salary review at some
date before the next anniversary the special salary review shall not affect the regular
salary review on the next anniversary date. Nothing herein shall be construed to
make the granting of increments mandatory on the County. If an operating
department verifies in writing that an administrative or clerical error was made in
failing to submit the documents needed to advance an employee to the next salary
step on the first of the month when eligible, said advancement shall be made
retroactive to the first of the month when eligible.
35.4 Temporary Employee Grievances.
Temporary employees covered by this Memorandum of Understanding may grieve only
alleged violation of:
A. Section 1 (Recognition);
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B. Section 2 (Association Security), subsections 2.1 (Dues Deduction) through 2.5
(Withdrawal of Membership);
C. Subsection 5.1 (Wage Rates), and
D. The terms of this Section 44.
35.5 Union Dues. The membership or agency shop service fee charged by the
Association to temporary employees pursuant to subsection 2.2 (Agency Shop)
paragraph B shall equal 1% of the employee’s regular pay up to a maximum of ten
dollars ($10) per semi-monthly pay period. No initiation fee or special assessments
shall be required of these employees. A temporary employee who does not timely
authorize deduction of or directly pay Association Dues or an agency shop service fee
in lieu of dues will be terminated from County service.
SECTION 36 - LUNCH PERIOD AND REST BREAKS
A. Employees who are in a pay status during their lunch are on call during their lunch
period. Employees who are not in a pay status during their lunch are on their own
time during their lunch period.
B. Employees shall be entitled to a rest break for each four (4) hours of work.
Scheduling of rest breaks shall be determined by management.
C. The terms of this section 36, Lunch Period and Rest Breaks, do not apply to Deputy
Public Defenders.
SECTION 37 - ADOPTION
The provisions of this MOU shall be made applicable on the dates indicated and upon
approval by the Board of Supervisors. Resolutions and Ordinances, where necessary,
shall be prepared and adopted in order to implement these provisions. It is understood
that where it is determined that an Ordinance is required to implement any of the
foregoing provisions, said provisions shall become effective upon the first day of the
month following thirty (30) days after such Ordinance is adopted.
SECTION 38 - SCOPE OF AGREEMENT AND SEVERABILITY OF PROVISIONS
38.1 Scope of Agreement. Except as otherwise specifically provided herein, this MOU
fully and completely incorporates the understanding of the parties hereto and
constitutes the sole and entire agreement between the parties in any and all matters
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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. The Association understands and agrees
that the County is not obligated to meet and confer regarding wages, hours or
conditions of employment during the term of this extended agreement, except as
otherwise required by law.
38.2 Severability of Provisions. Should any section, clause or provision of this MOU
be declared illegal, unlawful or unenforceable, by final judgment of a court of competent
jurisdiction, such invalidation of such section, clause or provision shall not invalidate the
remaining portions hereof, and such remaining portions shall remain in full force and
effect for the duration of this MOU.
38.3 Personnel Management Regulations. Where a specific provision contained in a
section of this MOU conflicts with a specific provision contained in a section of the
Personnel Management Regulations, the provision of this MOU shall prevail. Those
provisions of the Personnel Management Regulations within the scope of representation
which are not in conflict with the provisions of this MOU and those provisions of the
Personnel Management Regulations which are not within the scope of representation
shall be considered in full force and effect.
38.4 Duration of Agreement. This Agreement shall continue in full force and effect
from the date it is adopted by the Contra Costa County Board of Supervisors to and
including June 30, 2011. Nothing herein shall be interpreted or applied in a manner that
precludes or impairs in any manner the retroactive implementation of provisions of this
Agreement for which an effective date prior to adoption by the Board of Supervisors is
expressly provided. 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 39 - FAIR LABOR STANDARDS ACT PROVISIONS
The Fair Labor Standards Act, as amended, may govern certain terms and conditions of
the employment of employees covered by this MOU. It is anticipated that compliance
with the Act may require changes in some of the County policies and practices currently
in effect or agreed upon. If it is determined by the County that certain working
conditions, including but not limited to work schedules, hours of work, method of
computing overtime, overtime pay entitlements or use, must be changed to conform
with the Fair Labor Standards Act, such terms and conditions of employment shall not
be controlled by this MOU but shall be subject to modification by the County to conform
to the federal law, without further meeting and conferring. The County shall notify
Association and meet and confer with the Association regarding the implementation of
such modifications.
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SECTION 40 – SAFETY IN THE WORKPLACE
The County shall expend every effort to see to it that the work performed under the
terms and conditions of this MOU is performed with a maximum degree of safety
consistent with the requirement to conduct efficient operations. The Department shall
have a standing committee to address all issues related to employee safety, including
the issuance of defensive tools. The committee shall be empowered to make
recommendations directly to the Public Defender related to employee safety. The
Committee shall consist of two representatives appointed by the Public Defender, two
representatives appointed by the Association, and a representative of the County’s Risk
Management Office to be invited to sit as needed as a non-decision making consultant.
The deliberations of this Committee shall not be construed as meeting the requirements
to meet and confer separately with the Association regarding any matter related to
wages, hours, or working conditions.
SECTION 41 - MISCELLANEOUS PROVISIONS
41.1 Professional Advisory Committee. The Professional Advisory Committee shall
be continued. Said committee shall be composed of not more than two (2)
employee representatives appointed by the Association and two (2) department
representatives and shall meet at the request of either party, within a reasonable
period of time.
41.2 Deferred Compensation.
A. Employees represented by the Association will be eligible to participate in the
County’s Deferred Compensation Plan. The County will contribute sixty dollars
($60) per month to the deferred compensation accounts of all employees in the
Public Defenders’ Unit who participate in the County’s Deferred Compensation Plan.
To be eligible for this contribution, qualifying employees must:
1. Complete a County interest form and return it to the Benefits Service Unit,
2. Deposit the Qualifying Base Contribution Amount indicated below in
his/her deferred compensation account, and
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3. Maintain a minimum monthly contribution to the deferred compensation plan in the
amount indicated below:
Qualifying Monthly Base
Current Base Contribution Amount
Monthly Contribution For Maintaining
Salary Amount Incentive Eligibility
$2,500 and below $250 $50
$2,501 - 3,334 $500 $50
$3,335 - 4,167 $750 $50
$4,168 - 5,000 $1000 $50
$5,001 - 5,834 $1500 $100
$5,835 - 6,667 $2000 $100
$6,668 & Above $2500 $100
B. Only those contributions made to the Deferred Compensation Program as of the
date the employee signs the County interest form qualify under the program as the
“Qualifying Base Contribution Amount”. If for any reason an employee’s monthly
contribution falls below the minimum amount required, the employee is no longer
eligible for the County’s sixty dollar ($60) per month contribution and he/she must
re-qualify for the contribution by again satisfying the above listed criteria.
C. Special Benefit for Permanent Employees Hired on and after March January 1,
2011:
1. Beginning on June April 1, 2011, and for the term of this MOU, the County will
contribute one hundred and fifty dollars ($150) per month to an employee’s account
in the Contra Costa County Deferred Compensation Plan, or other tax-qualified
savings program designated by the County, for employees who meet all of the
following conditions:
a. The employee must be hired by Contra Costa County on or after March January
1, 2011.
b. The employee must be appointed to a permanent position. The position may be
either full time or part time, but if it is part time, it must be designated, at a minimum,
as 20 hours per week.
c. The employee must have been employed by Contra Costa County for at least 90
calendar days.
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d. The employee must contribute a minimum of twenty-five dollars ($25) per month
to the Contra Costa County Deferred Compensation Plan, or other tax-qualified
savings program designated by the County.
e. The employee must complete and sign the required enrollment form(s) for his/her
deferred compensation account and submit those forms to the Human Resources
Department, Employee Benefits Services Unit.
f. The employee may not exceed the annual maximum contribution amount
allowable by the United States Internal Revenue Code.
D. No Cross Crediting: The amounts contributed by the employee and the County
pursuant to Subsection C do not count towards the “Qualifying Base Contribution
Amount” or the “Monthly Base Contribution Amount for Maintaining Incentive
Eligibility” in Subsection A. Similarly, the amounts contributed by the employee and
the County pursuant to Subsection A do not count towards the employee’s $25 per
month minimum contribution required by Subsection C.
E. Maximum Annual Contribution: All of the employee and County contributions set
forth in Subsections A and C will be added together to ensure that the annual
maximum contribution to the employee’s deferred compensation account does not
exceed the annual maximum contribution rates set forth in the United States Internal
Revenue Code.
Date: _______________
Contra Costa County: Public Defenders Assn:
(Signature / Printed Name) (Signature / Printed Name)
/
/
/
/
/
/
/
/
APPROVED AS TO FORM ONLY:
NOTE: The salary schedule showing represented classifications and relevant pay
rates will be Attachment “A.”
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Contra Costa County and the Contra Costa County Public Defenders Association Tentative
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Contra Costa County and the Contra Costa County Public Defenders Association Tentative
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ATTACHMENT B
MEDICAL/DENTAL/LIFE INSURANCE ADJUSTMENTS
Coverages Offered
The County offers the following plans:
Contra Costa Health Plans (CCHP) A & B, Kaiser Permanente, Health Net HMO &
EPO, Health Net PPO, Delta and PMI Delta Care Dental.
Co-Pays
The co-pays are as follows:
CCHP A: No charge
CCHP B: No charge if using CCHP Network
$5 if outside of CCHP Network
KAISER PERMANENTE: $10 Office Visit
$10 Generic RX
$20 Brand RX
$10 Emergency Room
HEALTH NET HMO & EPO: $10 Office Visit
$10 Generic RX
$20 Formulary RX
$35 Non-Formulary RX
$25 Emergency Room
HEALTH NET PPO: Preventative Care Office Visits-in accordance
with the Patient Protection and Affordable Care Act
(PPACA)
$5 Generic RX
$5 Formulary RX
No Non-formulary RX
$50 ER Deductible
Delta Dental Plan Enhancements
Effective January 1, 2009, added covered benefits for implants and enhanced benefits
for pregnant women which may include an additional oral exam.
From January 1, 2011, until the date on which the Board of Supervisors adopts this
MOU, the Dental benefit is one thousand six hundred dollars ($1600) per year.
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Effective the date the Board of Supervisors adopts this MOU, the benefit is increased to
one thousand eight-hundred dollars ($1,800).
Life Insurance
Coverage is $10,000 for employees enrolled in either a health and/or dental plan.
For County Health Plan Subsidy, see Section 16 – Health, Life and Dental Care of this
MOU.
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