HomeMy WebLinkAboutMINUTES - 12072010 - SD.4RECOMMENDATION(S):
Adopt Resolution No. 2010/586 approving the Memorandum of Understanding between
Probation Peace Officers Association of Contra Costa County (PPOACCC) and Contra
Costa County, implementing negotiated wage agreements and other economic terms and
conditions of employment beginning upon adoption of the MOU by the Board of
Supervisors through June 30, 2011. The Union ratified the agreement on November 17 &
18, 2010.
FISCAL IMPACT:
The anticipated savings of $767,000 from ninety-six (96) hours of agreed upon temporary
absences will be achieved through an eight (8) month 6.93% wage reduction. Although the
conclusion of negotiations took longer than with other bargaining units, the County was able
to negotiate an agreement to increase the percentage of the wage reduction to achieve the
same dollar savings in eight (8) months as would have been achieved in twenty-four months
(a 6.93% wage reduction for eight months is equivalent to a 2.31% wage reduction for
twenty-four months). In addition, in an effort to reduce the impact of the wage reduction on
its members, PPOACCC will pay the County $75,000 on June 1, 2011. The $75,000 figure
is the amount the employees would have paid if the health care premium changes had been
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/07/2010 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:Gayle B. Uilkema, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:John Gioia, District I
Supervisor
Contact: Charley Taylor, (925)
335-1785
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
ATTESTED: December 7, 2010
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: Ted Cwiek, Human Resources Director, Steve Ybarra, County Auditor-Controller
SD. 4
To:Board of Supervisors
From:Ted Cwiek, Human Resources Director
Date:December 7, 2010
Contra
Costa
County
Subject:Memorandum of Understanding between Contra Costa County and Probation Peace Officers Assn. of Contra
Costa County
implemented 1/1/10. These savings will help to alleviate the current local fiscal impact
caused by reductions in assessed valuation, related decline in property tax revenues, and
rising pension costs.
BACKGROUND:
The Probation Peace Officers Association of Contra Costa County (PPOACCC) was
formally recognized on March 6, 2007, and began bargaining with Contra Costa County
in August, 2008. During the months since, the County and the Union have created an
original Memorandum of Understanding and reached Tentative Agreement on November
8, 2010. The Memorandum of Understanding, which is attached, includes wage and
health care premium subsidy changes consistent with other completed contracts.
The PPOACCC contract includes 96 hours of unpaid Agreed Upon Temporary Absences
(ATA) to be taken by June 30, 2011. These ATA days are equivalent to an eight (8)
month 6.930% wage reduction.
The contract also includes Health Plan changes (summarized below), making the
County’s health plan premium subsidy for PPOACC equivalent to the subsidy for
unrepresented, Coalition, and Local 21 employees.
New Hires. Employees hired on or after December 7, 2010 will not receive a County
subsidized retiree health/dental care benefit.
Dual Coverage. As of 01/01/11, employees and retirees, and dependents of
employees and retirees, no longer have dual coverage in two County/District health
or dental plans. This provision will apply to County and District employees who
have spouses or partners who are either County or District employees or retirees.
Premium Cost Sharing January 1, 2010.
Contra Costa Health Plan and Coordinated Dental Plans – Shared 98% County,
2% Participant for Plan A and 90% County, 10% Participant for Plan B.
Kaiser and Health Net HMO and dental plans – Increases 01/01/10 and
01/01/11 shared 80% by the County and 20% by the Participant.
Health Net PPO- Increases 01/01/10 and 01/01/11 shared 50% by the County
and 50% by the Participant.
Premium Cost Sharing January, 2011 .
Contra Costa Health Plan and Coordinated Dental Plans – Effective 01/01/11,
County will pay a premium subsidy equal to 93% of the 2010 premium for Plan
A and Participant will pay an amount equal to 7% of the 2010 premium for
Plan A. County will pay an amount equal to 87% of the 2010 premium for Plan
B and Participant will pay an amount equal to 13 % of the 2010 premium for
Plan B. Any premium increases for 2011 in Plan A and Plan B to be shared
50% by the County and 50% by the Participant, up to a maximum of 11%;
portion of increase above 11% to be paid by the County.
Kaiser and Health Net HMO and dental plans – Increases 01/01/10 and
01/01/11 to be shared 50% by the County and 50% by the Participant, up to a
maximum of 11%; portion of increase above 11% to be paid by the County.
Health Net PPO- Increases 01/01/10 and 01/01/11 to be shared 50% by the
County and 50% by the Participant.
Fixed Premium. Effective 06/29/11, fix the County monthly premium subsidy for all
of these plans at the May 2011 amount.
Dental Plan Benefit. Increase to $1,800, from $1,600, the annual maximum benefit
available in the Delta Dental Insurance plan effective 01/01/11.
Medicare Parts A and B . Require enrollment in Medicare Parts A and B for retirees
who become 65 on or after December 7, 2010.
The Tentative Agreement, which was ratified on November 18, is for status quo on other
benefits.
CONSEQUENCE OF NEGATIVE ACTION:
The County will fail to receive the value of ATA and other changes.
CHILDREN'S IMPACT STATEMENT:
None.
ATTACHMENTS
Resolution No. 2010/586
PPOACCC Memorandum of Understanding
PPOACCC Side Letter
Page 1 of 115
MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND THE
PROBATION PEACE OFFICERS ASSOCIATION
OF
CONTRA COSTA COUNTY
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 and ending as
described in subsection 47.4. Special provisions and restrictions pertaining to
Project employees covered by this MOU are contained in Attachment A which is
attached hereto and made a part hereof.
0.2 DEFINITIONS
A. Appointing Authority: Department Head unless otherwise provided by
statute or ordinance.
B. 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.
C. Class Title: The designation given to a class, to each position allocated to
the class, and to the employees allocated to the class.
D. County: Contra Costa County.
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E. 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.
F. Director of Human Resources: The person designated by the County
Administrator to serve as the Assistant County Administrator-Director of
Human Resources.
G. Eligible: Any person whose name is on an employment or reemployment or
layoff list for a given class.
H. 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.
I. Employment List: A list of persons who have been found qualified for
employment in a specific class.
J. 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.
K. Permanent-Intermittent Position: Any position which requires the services
of an incumbent for an indefinite period, but on an intermittent basis, as
needed, paid on an hourly basis.
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. Project Employee: An employee who is engaged in a time limited program
or service by reason of limited or restricted funding. Such positions are
typically funded from outside sources but may be funded from County
revenues.
O. Promotion: The change of a permanent employee to another position in a
class allocated to a salary range for which the top step is higher than the top step
of the class which the employee formerly occupied, except as provided for under
Transfer or as otherwise provided for in this MOU, in the Personnel Management
Regulations, or in specific resolutions governing deep classes.
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P. Position: The assigned duties and responsibilities calling for the regular full-
time, part-time or intermittent employment of a person.
Q. Reallocation: The act of reassigning an individual position from one class to
another class at the same range of the salary schedule or to a class which is
allocated to another range that is within five percent (5%) of the top step, except
as otherwise provided for in the Personnel Management Regulations, deep class
resolutions or other ordinances.
R. Reclassification: The act of changing the allocation of a position by raising it
to a higher class or reducing it to a lower class on the basis of significant
changes in the kind, difficulty or responsibility of duties performed in such
position.
S. Reemployment List: A list of persons who have occupied positions allocated
to any class in the merit system and who have voluntarily separated and are
qualified for consideration for reappointment under the Personnel
Management Regulations governing reemployment.
T. Resignation: The voluntary termination of permanent employment with the
County.
U. Temporary Employment: Any employment in the Merit System 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.
V. Transfer: The change of an employee who has permanent status in a
position to another position in the same class in a different department, or to
another position in a class which is allocated to a range on the salary plan
that is within five percent (5%) at top step as the class previously occupied by
the employee.
W. Association: Probation Peace Officers Association of Contra Costa County.
SECTION 1 - ASSOCIATION RECOGNITION
The Association is the formally recognized employee organization for the
Probation 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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2.2 Agency Shop.
A. The Association agrees that it has a duty to provide fair and non-
discriminatory representation to all employees in all classes in the units for
which this section is applicable regardless of whether they are members of
the Association.
B. All employees employed in a representation unit on or after the effective date
of this MOU and continuing until the termination of the MOU, shall as a
condition of employment either:
1. Become and remain a member of the Association or;
2. Pay to the Association, an agency shop fee in an amount which does not
exceed an amount which may be lawfully collected under applicable
constitutional, statutory, and case law, which under no circumstances shall
exceed the monthly dues, initiation fees and general assessments made
during the duration of this MOU. It shall be the sole responsibility of the
Association to determine an agency shop fee which meets the above
criteria; or
3. Do both of the following:
a. Execute a written declaration that the employee is a member of a bona
fide religion, body or sect which has historically held a conscientious
objection to joining or financially supporting any public employee
organization as a condition of employment; and
b. Pay a sum equal to the agency shop fee described in subsection 2.2
(Agency Shop) paragraph B subparagraph 2 to a non-religious, non-
labor, charitable fund chosen by the employee from the following
charities: Family and Children's Trust Fund, Child Abuse Prevention
Council and Battered Women's Alternative.
C. The Association shall provide the County with a copy of the Association's
Hudson Procedure for the determination and protest of its agency shop fees.
The Association shall provide a copy of said Hudson Procedure to every fee
payer covered by this MOU within one month from the date it is approved and
annually thereafter, and as a condition to any change in the agency shop fee.
Failure by an employee to invoke the Association's Hudson Procedure within
one month after actual notice of the Hudson Procedure shall be a waiver by
the employee of their right to contest the amount of the agency shop fee.
D. The provisions of subsection 2.2 (Agency Shop) paragraph B subparagraph 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.
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E. Annually, the Association shall provide the Director of Human Resources
with copies of the financial report which the Association annually files with the
California Public Employee Relations Board. 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.
2.3 Dues Form. Employees hired on or after October 1, 1981, in classifications
assigned to units represented by the Association shall, as a condition of
employment, complete a 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
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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. The Association shall be allowed to use
designated portions of bulletin boards or display areas in public portions of
County buildings or in public portions of offices in which there are employees
represented by the Association, provided the communications displayed have to
do with official organization business such as times and places of meetings and
further provided that the employee organization appropriately posts and removes
the information. The department head reserves the right to remove objectionable
materials after notification to and discussion with the Association.
Representatives of the Association, not on County time, shall be permitted to
place a supply of employee literature at specific locations in County buildings if
arranged through the Department Head or designated representative; said
representatives may distribute employee organization literature in work areas
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(except work areas not open to the public) if the nature of the literature and the
proposed method of distribution are compatible with the work environment and
work in progress. Such placement and/or distribution shall not be performed by
on-duty employees. The Association shall be allowed access to work locations in
which it represents employees for the following purposes:
A. To post literature on bulletin boards.
B. To arrange for use of a meeting room.
C. To leave and/or distribute a supply of literature as indicated above.
D. To represent an employee on a grievance and/or to contact an
Association officer on a matter within the scope of representation. In the
application of this provision, it is agreed and understood that in each such
instance advance arrangements, including disclosure of which of the
above purposes is the reason for the visit, will be made with the
departmental representative in charge of the work area, and the visit will
not interfere with County services.
2.7 Use of County Buildings. The 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 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
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cases of emergency when the Board, or boards and commissions appointed by
the Board, determines it must act immediately without such notice or meeting, it
shall give notice and opportunity to meet as soon as practical after its action.
2.9 Written Statement for New Employees. The County will provide a written
statement to each new employee hired into a classification in any of the
bargaining units represented by the Association, that the employee's
classification is represented by the Association and the name of a representative
of the Association. The County will provide the employee with a packet of
information which has been supplied by the Association and approved by the
County. The County shall provide an opportunity for the Association to make a
fifteen (15) minute presentation at the end of the Human Resources
Department’s new employee orientation meetings.
2.10 Assignment of Classes to Bargaining Units. The County shall assign
new classes in accordance with the following procedure:
A. Initial Determination. When a new class title is established, the Chief of
Labor Relations shall review the composition of existing representation
units to determine the appropriateness of including some or all of the
employees in the new class in one or more existing representation units,
and within a reasonable period of time shall notify all recognized
employee organizations of his/her determination.
B. Final Determination. The Chief of Labor Relations’ 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. Upon request by an employee
organization in accordance with subsection 2.10, Assignment of Classes
to Bargaining Units, paragraph B above, the Chief of Labor Relations shall
meet and confer with the requesting organization(s), and with other
recognized employee organizations when appropriate, to seek agreement
on this matter within sixty (60) days after the ten (10) day period in
subsection 2.10 (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)
There shall be no discrimination because of sex, race, creed, color, national
origin, sexual orientation or Association activities against any employee or
applicant for employment by the County or by anyone employed by the County;
and to the extent prohibited by applicable State and Federal law there shall be no
discrimination because of age. There shall be no discrimination against any
disabled person solely because of such disability unless that disability prevents
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the person from meeting the minimum standards established for the position or
from carrying out the duties of the position safely.
The Employer and the Association recognize that under the Americans With
Disabilities Act (“ADA”) the Employer has an obligation to reasonably
accommodate disabled employees. If because of that requirement the Employer
contemplates actions to reasonably accommodate an employee that conflict with
any provision of this Agreement, the County will advise the Association of such
proposed accommodation. Upon request, the County will meet and confer with
the Association on the impact of such accommodation.
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 ADA.
SECTION 4 - SHOP STEWARDS & OFFICIAL REPRESENTATIVES
4.1 Attendance at Meetings. Employees designated as shop stewards or
official representatives of the Association shall be allowed to attend meetings
held by County agencies during regular working hours on County time as follows:
A. If their attendance is required by the County at a specific meeting,
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 23 (Grievance Procedure) of this MOU.
D. If they are designated as a shop steward, in which case they may utilize
a reasonable time at each level of the proceedings to assist an employee
to present a grievance provided the meetings are scheduled at
reasonable times agreeable to all parties.
E. If they are designated as spokesperson or representative of the
Association and as such make representations or presentations at
meetings or hearings on wages, salaries and working conditions;
provided in each case advance arrangements for time away from the
employee's work station or assignment are made with the appropriate
department head, and the County agency calling the meeting is
responsible for determining that the attendance of the particular
employee(s) is required, including meetings of the Board of Supervisors
and Retirement Board where items which are within the scope of
representation and involving the Association are to be discussed.
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F. Shop stewards and Association officials 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).
4.2 Association-Sponsored Training Programs. The County shall provide a
maximum of forty-eight (48) hours per year of release time for Association
designated stewards or officers to attend Association-sponsored training
programs. Time authorized by the County for training creditable to STC training
shall not be counted towards this total. Verification regarding whether training is
creditable will not be determined until after the training is received and submitted
for approval to the Corrections Standards Authority (CSA). There will be no
penalty for exceeding the cap on training hours if the hours are determined to be
non-creditable after the training is received. 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.
4.3 Association Representatives. Official representatives of the Association
shall be allowed time off on County time for meetings during regular working
hours when formally meeting and conferring in good faith or consulting with the
Chief of Labor Relations or designee or other management representatives on
matters within the scope of representation, provided that the number of such
representatives shall not exceed two (2) without prior approval of the Labor
Relations Officer, and that advance arrangements for the time away from the
work station or assignment are made with the appropriate Department Head.
SECTION 5 - SALARIES
5.1 General Wages.
A. AGREED UPON TEMPORARY ABSENCES (ATA)
IMPLEMENTATION
In order to address the County’s current financial crisis, the parties
agree as follows:
1. The County will set up an ATA plan for each permanent
employee. Each permanent, full time employee will receive
ninety-six (96) hours of ATA on his/her December 10, 2010
paycheck. Permanent part time employees will receive
prorated ATA hours. Employees hired after December 1,
2010 will also receive prorated ATA hours.
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2. For any employee who is off work due to illness, family
illness, or any other reason that qualifies for sick leave, the
employee may not use his/her sick leave accruals but must
instead use ATA hours, up to a maximum of forty-eight (48)
hours.
3. Employees must use all of their ATA hours by June 30, 2011.
The use of ATA hours must be pre-scheduled and no employee
may use ATA hours without the prior approval of his/her
supervisor.
4. ATA hours are non-accruable and all unused balances will be
zeroed out on June 30, 2011. Except for those hours subject to
the grievance procedure. (See Attachment C. V. L.)
Implementation of ATA is governed by Attachment C,
attached hereto.
The ATA implementation is equivalent to an 6.93% reduction in
wages for the period of November 1, 2010 through June 30, 2011.
5. The Association will pay the County seventy-five thousand
dollars ($75,000) to reduce the ATA obligations of its
members. A check for seventy-five thousand dollars
($75,000) will be paid to the County on June 1, 2011.
B. Longevity Pay. Employees at ten (10) years of County service shall receive
a 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 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
date 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 Steps 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 step or denial of the step subject to one additional
review at a specified later date that falls before the employee’s next anniversary.
Such later date must be established when the original recommendation is
returned to the employee. Except as provided herein, steps within range shall
not be granted more frequently than once a year, nor shall more than one (1)
step within range be granted at one time. If the appointing authority recommends
denial of the within range step advancement on the employee’s anniversary date,
but recommends a special salary review at a later date before the employee’s
next anniversary date, the special salary review shall not affect the regular salary
review on the employee’s next anniversary date. Nothing herein shall be
construed to mandate that the County grant step advancement. If the
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employee’s department attests in writing that it made an administrative or clerical
error by failing to submit the documents needed to advance an employee to the
next salary step on the first of the month when the employee was eligible for the
advancement, said advancement shall take effect retroactive and including the
first of the month in which the employee was first eligible for the advancement.
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 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
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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, salary will be
calculated from the highest step the employee achieved prior to layoff, or from
the employee’s current step, whichever is higher.
5.10 Salary on Involuntary Demotion. Any employee who is demoted, except
as provided under subsection 5.11 (Salary on Voluntary Demotion), shall have
his/her salary reduced to the monthly salary step in the range for the class of
position to which he/she has been demoted next lower than the salary received
before demotion. If this decrease is less than five percent (5%), the employee's
salary shall be adjusted to the step in the new range which is five percent (5%)
less than the next lower step; provided, however, that the next step shall not be
less than the minimum salary for the lower class. Whenever the demotion is the
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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.
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.
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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 Lead Probation Counselor. Permanent Probation Counselors in County
juvenile institutions and treatment programs will receive seven and one-half
percent (7.5%) differential premium pay when assigned as "Lead Counselor" for
the assigned shift or for the duration of the "Lead Counselor" assignment, when
replacing the Building Supervisor (Institutional Supervisor II) at Juvenile Hall and
when replacing Institutional Supervisor I's at Orin Allen Youth Rehabilitation
Facility. Permanent Probation Counselors assigned Lead Counselor duties and
responsibilities will receive this monetary compensation for hours worked. To
receive this compensation, Lead Counselors must work the assigned shift and
provide direction for one or more co-workers. Facility administrators have the
sole responsibility for selecting and assigning Lead Counselors. The selection
process shall include an assessment of experience, skills, leadership abilities,
seniority, and the needs of the unit or facility among other considerations. The
assignment may apply to Probation Counselors I, II and III depending on the
above criteria when the supervisor designates the "Lead Counselor." The
selection and assignment of Probation Counselors in accordance with the above
criteria is not grievable.
5.14 Payment. On the tenth (10th) day of each month, the Auditor will draw a
warrant upon the Treasurer in favor of each employee for the amount of salary
due the employee for the preceding month; provided however, that each
employee (except those paid on an hourly rate) may choose to receive an
advance on the employee's monthly salary, in which case the Auditor shall, on
the twenty-fifth (25th) day of each month, draw his/her warrant upon the
Treasurer in favor of such employee. The advance shall be in an amount equal
to one-third (1/3) or less (at the option of the employee) of the employee's basic
salary of the previous month except that it shall not exceed the amount of the
previous month's basic salary less all requested or required deductions. The
election to receive 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
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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
5.14, (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.
5.15 Special Benefit for Permanent Employees Hired on and after
January 1, 2011:
A. Beginning on April 1, 2011 and for the term of this resolution, 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:
1. The employee must be hired by Contra Costa County on or after
January 1, 2011.
2. 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.
3. The employee must have been employed by Contra Costa County
for at least 90 calendar days.
4. 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.
5. 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.
6. The employee may not exceed the annual maximum contribution
amount allowable by the United States Internal Revenue Code.
B. No Cross Crediting: The amounts contributed by the employee and
the County pursuant to Subsection A do not count towards the
“Qualifying Base Contribution Amount” or the “Monthly Contribution
Required to Maintain Incentive Program 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 B.
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C. Maximum Annual Contribution: All of the employee and County
contributions set forth in Subsection A 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 rate set forth in the United States Internal Revenue Code.
SECTION 6 - DAYS AND HOURS OF WORK
This section will take effect upon adoption of this MOU by the Board of
Supervisors and signing by the Parties.
6.1 – Definitions.
A. Regular Work Schedule: A regular work schedule is eight (8) hours per
day, Monday through Friday, inclusive, for a total of forty (40) hours per
week.
B. Alternate Work Schedule: An alternate work schedule is any work
schedule where an employee is regularly scheduled to work five (5) days
per week, but the employee’s regularly scheduled two (2) days off are
NOT Saturday and Sunday.
C. Flexible Work Schedule: A flexible work schedule is any schedule that is
not a regular, alternate, 9/80, or 4/10 work schedule and where the
employee is not scheduled to work more than forty (40) hours in the
“workweek” as defined in subsection F below.
D. 4/10 Work Schedule: A 4/10 work schedule is four (4) ten hour days in a
seven (7) day period, for a total of forty (40) hours per week.
E. 9/80 Work Schedule: A 9/80 work schedule is where an employee works
a recurring schedule of thirty six (36) hours in one calendar week and forty
four (44) hours in the next calendar week, but only forty (40) hours in the
designated workweek. In the thirty six (36) hour calendar week, the
employee works four (4) nine (9) hour days and has the same day of the
week off that is worked for eight (8) hours in the forty four (44) hour
calendar week. In the forty four (44) hour calendar week, the employee
works four (4) nine (9) hour days and one (1) eight (8) hour day.
F. Workweek for Employees on Regular, Alternate, and 4/10 Work
Schedules: For employees on regular, flexible, alternate, and 4/10 work
schedules, the workweek begins at 12:01 a.m. on Monday and ends at 12
midnight on Sunday.
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G. Workweek for Employees on a 9/80 Work Schedule: The 9/80
workweek begins on the same day of the week as the employee’s eight
(8) hour work day and regularly scheduled 9/80 day off. The start time of
the workweek is four (4) hours and one (1) minute after the start time of
the eight (8) hour workday. The end time of the workweek is four (4)
hours after the eight (8) hour workday start time. The result is a workweek
that is a fixed and regularly recurring period of seven (7) consecutive
twenty four (24) hour periods (168 hours).
6.2 – 4/10 Shifts.
A. If the County wants to eliminate any existing 4/10 shift and substitute a
5/8 shift or to institute a 4/10 shift which does not allow for three (3)
consecutive days off (excluding overtime days or a change of shift
assignment), or change existing work schedules or existing hours of
work, it will meet and confer with the Association prior to implementing
said new shift or hours change. This obligation does not apply where
there is an existing system for reassigning employees to different shifts or
different starting/stopping times. Nothing herein prohibits affected
employees and their supervisor from mutually agreeing on a change in
existing hours of work provided other employees are not adversely
impacted.
B. Individual Deputy Probation Officers currently on a 4/10 schedule may
remain on said schedule for the duration of the MOU except when a
change to a 5/8 schedule is mutually agreed upon between the employee
and their immediate supervisor. However, as positions vacate, the
Probation Department reserves the prerogative to change the assignment
to a 5/8 work schedule before refilling it. Nothing herein precludes
supervisors from recommending that vacated 4/10 positions be retained.
SECTION 7 - OVERTIME AND COMPENSATORY TIME
7.1 Overtime.
A. Overtime is any authorized work performed in excess of forty (40) hours per
week or eight (8) hours per day. Overtime for 4/10 shift employees is any
work performed beyond ten (10) hours per day or forty (40) hours per week.
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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7.2 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 7.2 (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 7.2 (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 employee 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 - SHIFT DIFFERENTIAL
In the hours which qualify for shift differential, employees shall receive five
percent (5%) above their base salary rate. To qualify for shift differential, an
employee must have a regularly assigned daily work schedule which requires:
A. Completion of more than one and one-half (1-1/2) hours over the normal
actual working time; or
B. At least four (4) hours of actual working time from 5:00 p.m. through 9:00
a.m. inclusive. However, employees who have been regularly working a
shift qualifying for shift differential immediately preceding the
commencement of a vacation, paid sick leave period, paid disability or
other paid leave, will have shift differential included in computing the pay
for their leave. The paid leave of an employee who is on a rotating shift
schedule shall include the shift differential that would have been received
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had the employee worked the shift for which the employee was
scheduled during such period. Shift differential shall only be paid during
paid sick leave and paid disability as provided above for the first thirty
(30) calendar days of each absence.
SECTION 10 - WORKFORCE REDUCTION/LAYOFF/REASSIGNMENT
10.1 Workforce Reduction. If funding reductions or shortfalls in funding occur
in a department or are expected, which may result in layoffs, the department will
notify the Association and take the following actions:
A. Identify the classification(s) in which position reductions may be required
due to funding reductions or shortfalls.
B. Advise employees in those classifications that position reductions may
occur in their classifications.
C. Accept voluntary leaves of absence from employees in those
classifications which do not appear to be potentially impacted by possible
position reductions when such leaves can be accommodated by the
department.
D. Consider employee requests to reduce their position hours from full-time
to part-time to alleviate the impact of the potential layoffs.
E. Approve requests for reduction in hours, lateral transfers, and voluntary
demotions to vacant, funded positions in classes not scheduled for layoffs
within the department, as well as to other departments not experiencing
funding reductions or shortfalls when it is a viable operational alternative
for the department(s).
F. Review various alternatives which will help mitigate the impact of the
layoff by working through the Tactical Employment Team (TET) program
to:
1. Maintain an employee skills inventory bank to be used as a basis for
referrals to other employment opportunities.
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.
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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 Probation
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.
10.2 Separation Through Layoff.
A. Grounds for Layoff. Any employee(s) having permanent status in position(s)
in the merit service may be laid off when the position is no longer necessary,
or for reasons of economy, lack of work, lack of funds or for such other
reason(s) as the Board of Supervisors deems sufficient for abolishing the
position(s).
B. Order of Layoff. The order of layoff in a department shall be based on
inverse seniority in the class of positions, the employee in that department
with least seniority being laid off first and so on.
C. Layoff By Displacement.
1. In the Same Class. A laid off permanent full-time employee may displace
an employee in the department having less seniority in the same class
who occupies permanent intermittent or permanent part-time position, the
least senior employee being displaced first.
2. In the Same Level or Lower Class. A laid off or displaced employee who
had achieved permanent status in a class at the same or lower salary level
as determined by the salary schedule in effect at the time of layoff may
displace within the department and in the class an employee having less
seniority; the least senior employee being displaced first, and so on with
senior displaced employees displacing junior employees.
D. Particular Rules on Displacing.
1. Permanent-intermittent and permanent part-time employees may displace
only employees holding permanent positions of the same type
respectively.
2. A permanent full-time employee may displace any intermittent or part-time
employee with less seniority
a) In the same class as provided in Section 10.2 (Separation Through
Layoff) paragraph C subparagraph 1 (In the Same Class) or,
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b) In a class of the same or lower salary level as provided in Section 10.2
(Separation Through Layoff) paragraph C subparagraph 2 (In the
Same Level or Lower Class), if no fulltime employee in a class at the
same or lower salary level has less seniority than the displacing
employees.
3. Former permanent full-time employees who have voluntarily become
permanent part time employees for the purpose of reducing the impact of
a proposed layoff with the written approval of the Director of Human
Resources or designee retain their permanent full-time employee seniority
rights for layoff purposes only and may in a later layoff displace a full-time
employee with less seniority as provided in these rules.
E. Seniority.
1. An employee's seniority within a class for layoff and displacement
purposes shall be determined by adding the employee's length of service
in the particular class in question to the employee's length of service in
other classes at the same or higher salary levels as determined by the
salary schedule in effect at the time of layoff. Employees reallocated or
transferred without examination from one class to another class having a
salary within five percent of the former class, shall carry the seniority
accrued in the former class into the new 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. 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.
2. Seniority for layoffs, pursuant to this Section 10 (Workforce Reduction/
Layoff/Reassignment) and subsection 20.5 (Reassignment Due to Layoff
or Displacement) shall be based on series seniority rather than
classification seniority. The Probation Counselor series includes Probation
Counselor I, Probation Counselor II, and Probation Counselor III. The
Deputy Probation Officer series includes Deputy Probation Officer I,
Deputy Probation Officer II, and Deputy Probation Officer III. An
employee’s seniority within a series for layoff, displacement and
reassignment purposes under subsection 19.6 (Seniority Credits) shall be
determined by adding the employee’s length of service in the particular
series in which the employee currently holds a position, to the employee’s
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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 the layoff.
F. Eligibility for Layoff List. Whenever any person who has permanent status is
laid off, has been displaced, has been demoted by displacement or as
voluntarily demoted in lieu of layoff or displacement, or has transferred in lieu
of layoff or displacement, the person's name shall be placed on the Layoff
List for the class of positions from which that person has been removed.
G. Order of Names on Layoff. First, layoff lists shall contain the names of
persons laid off, displaced, or demoted because of a layoff or displacement,
or who have voluntarily demoted or transferred in lieu of layoff or
displacement. Names shall be listed in order of layoff seniority in the class
from which laid off, displaced, demoted, or transferred on the date of layoff,
the most senior person listed first. In case of ties in seniority, the seniority
rules shall apply except that where there is a class seniority tie between
persons laid off from different departments, the tie(s) shall be broken by
length of last continuous permanent County employment with remaining ties
broken by random selection among the employees involved.
H. Duration of Layoff & Reemployment Rights. The name of any person granted
reemployment privileges shall continue on the appropriate list for a period of
two (2) years. Persons placed on layoff lists shall continue on the
appropriate list for a period of 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.
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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. If the person on the
reemployment or layoff list is appointed to another position in the same or
lower classification, the name of the person shall be removed. However, if
the first permanent appointment of a person on a layoff list is to a lower
class which has a top step salary lower than the top step of the class from
which the person was laid off, the name of the person shall not be
removed from the layoff list. Any subsequent appointment of such person
from the layoff list shall result in removal of that person's name.
K. Removal of Names from Reemployment and Layoff certifications. The
Director of Human Resources may remove the name of any eligible from a
reemployment or layoff certification if the eligible fails to respond within five
(5) days to a written notice of certification mailed to the person's last known
address.
10.3 Notice. The County agrees to give employees scheduled for layoff at least
ten (10) work days notice prior to their last day of employment.
10.4 Special Employment Lists. The County will establish a Tactical
Employment Team (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.
10.5 Reassignment of Laid Off Employees. Employees who are displaced
within the same classification or within the Probation Counselor series or within
the Probation Officer series from fulltime to part-time or intermittent status in a
layoff, or who voluntarily reduced their work hours to reduce the impact of layoff,
or who accepted a position of another status than that from which they were laid
off upon referral from the layoff list, may request reassignment back to their pre-
layoff status (full time or part-time or increased hours). The request must be in
writing in accord with each department's reassignment bid or selection process.
Employees will be advised of the reassignment procedure to be followed to
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obtain reassignment back to their former status at the time of the workforce
reduction. The most senior laid off employee in this status who requests such a
reassignment will be selected for the vacancy; except when a more senior laid off
individual remains on the layoff list and has not been appointed back to the class
from which laid off, a referral from the layoff list will be made to fill the vacancy.
SECTION 11 - HOLIDAYS
11.1 Holidays Observed.
A. The County will observe the following holidays:
January 1st, known as New Year's Day
3rd Monday in January known as Dr. M. L. King, Jr. Day
3rd Monday in February, known as Presidents' Day
The last Monday in May, known as Memorial Day
July 4th, known as Independence Day
First Monday in September, known as Labor Day
November 11th, known as Veterans Day
4th Thursday in November, known as Thanksgiving
The day after Thanksgiving
December 25th, known as Christmas Day
Such other days as the Board of Supervisors may by resolution designate as
holidays.
B. Each full-time employee will accrue two (2) hours of personal holiday credit
per month. Such personal holiday time may be taken in increments of one-
tenth hour (6 minutes), and preference of personal holidays shall be given to
employees according to their seniority in their department as reasonably as
possible. No employee may accrue more than forty (40) hours of personal
holiday credit. On separation from County service, an employee shall be
paid for any unused personal holiday credits at the employee’s then current
pay rate.
C. Employees who work in twenty-four (24) hour facilities or Probation
Counselors designated as Juvenile Hall Transportation Officers by the
Probation Department will, in addition to those holidays specified in Section
11.1.A above, observe Admission Day on September 9, Columbus Day on
the second Monday in October, and Lincoln’s Day on February 12 as
holidays, but shall not accrue the two (2) hours per month of personal holiday
credit referenced in Section 11.1.B above. Probation Counselors designated
as Juvenile Hall Transportation Officers by the Probation Department may be
required to work one or more of the holidays.
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11.2 Holiday is NOT Worked.
A. Holiday Observed – Full-Time Employees. Full-time employees on
regular 4/10, 9/80, flexible, and alternate work schedules are entitled to
observe a holiday (eight [8] hours off), without a reduction in pay,
whenever a holiday is observed by the County. Any holiday observed by
the County that falls on a Saturday is observed on the preceding Friday
and any holiday that falls on a Sunday is observed on the following
Monday.
For Probation Counselors and Probation Officers assigned to twenty-four
(24) hour facilities, if Independence Day, Christmas Day, or New Years
Day falls on a Saturday, the holiday will be observed on a Saturday, and if
Independence Day, Christmas Day or New Year’s Day falls on a Sunday,
the holiday will be observed on a Sunday.
B. Holiday Observed in Excess of Eight (8) Hours. When a holiday falls on
an employee’s regularly scheduled work day, the employee is entitled to only
eight (8) hours off without a reduction in pay. If the workday is a nine (9) hour
day, the employee must use one (1) hour of non-sick leave accruals. If the
employee does not have any non-sick leave accrual balances, leave without
pay (A.W.O.P.) will be authorized.
C. Holidays Observed – Part-time Employees. Part-time employees are
entitled to observe a holiday (day off work) 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.
D. Holiday on Regular Day Off of Employees on 4/10, 9/80, Flexible and
Alternate Work Schedules. When a holiday is observed by the County on
the regularly scheduled day off of an employee who is on a 4/10, 9/80,
flexible or alternate work schedule, the employee is entitled to take eight (8)
hours off, without a reduction in pay, in recognition of the holiday. The
employee is entitled to receive eight (8) hours flexible compensatory time or
pay at the rate of 1.0 times his/her base rate of pay in recognition of his/her
regularly scheduled day off.
11.3 Holiday is WORKED and Holiday Falls on Regularly Scheduled Work
Day of Full-Time Employees on Regular, 4/10, 9/80, Flexible, and Alternate
Work Schedules:
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A. Holiday Worked by Full-Time Employees on Regular, 4/10, 9/80, Flexible
and Alternate Work Schedules (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. The employee is also entitled
to receive overtime pay or overtime compensatory time at the rate of one and
one-half (1.5) times his/her base rate of pay (not including differentials) for all
hours worked on the holiday beyond eight (8) hours, but only if the employee
was required to work on the holiday due to an emergency, except as
provided in Section 7.1. This provision applies to regular, 4/10, 9/80, flexible
and alternate work schedules.
11.4 Holiday is Worked and Falls On Regularly Scheduled Day Off of Full-
Time Employees on 4/10, 9/80, flexible, and Alternate Work Schedules:
A. Holiday Worked by Full-Time Employees on 4/10, 9/80, Flexible, and
Alternate Work Schedules (holiday falls on employee’s scheduled day
off). When a full-time employee works on a holiday that falls on the
employee’s scheduled day off, the employee is entitled to receive his or her
regular salary. The employee is also entitled to receive overtime pay at the
rate of one and one-half (1.5) times his/her base rate of pay (not including
differentials) or compensation time at the same rate for all hours worked on
the holiday. The employee is also entitled to receive eight (8) hours of
flexible compensatory time or pay, at the rate of 1.0 times his/her base rate of
pay, in recognition of his/her scheduled day off. This provision applies to
employees on 4/10, 9/80, flexible, and alternate work schedules.
B. See Section 11.3.A when an employee on a regular work schedule works on
a holiday.
11.5 Holiday and Compensatory Time Provisions
A. Maximum Accruals of Holiday Comp Time. Holiday compensatory time
may not be accumulated in excess of two hundred eighty-eight (288) hours.
After two hundred eighty eight (288) hours are accrued by an employee, the
employee will receive holiday pay at the rate of one and one-half (1.5) times
his/her base rate of pay. Holiday compensation time may be taken at those
dates and times determined by mutual agreement of the employee and the
Department Head or designee.
B. Pay Off of Holiday Comp Time. Holiday compensatory time will be paid off
only upon a change in status. A change in status includes separation,
transfer to another department, reassignment to a permanent intermittent
position, or transfer, assignment, or promotion or demotion into a position
that is not eligible for holiday compensatory time.
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C. Maximum Accruals of Flexible Compensatory Time. Flexible
compensatory time may not be accumulated in excess of two hundred eighty-
eight (288) hours. After two hundred eighty-eight (288) hours are accrued by
an employee, the employee will receive flexible pay at the rate of one (1.0)
times his/her base rate of pay. Flexible compensatory time may be taken on
those dates and times determined by mutual agreement of the employee and
the Department Head or designee.
D. Payoff of Flexible Comp Time. Flexible compensatory time will be paid off
only upon a change in status. A change in status includes transfer to another
department, reassignment to a permanent-intermittent position, or transfer,
assignment, or promotion or demotion into a position that is not eligible for
flexible compensatory time.
11.6 Holiday Worked by Temporary Employee. A temporary employee in the
job classification of Probation Counselor I, II, or III who has completed 2080
hours of employment is eligible to receive overtime pay at the rate of one and
one-half (1.5) times his/her base rate of pay (not including differentials) for all
hours worked on the holiday, up to a maximum of eight (8) hours.
11.7 Holidays for Full-Time Employees who Work in Twenty-Four (24) Hour
Facilities and Who do Not Accrue Two (2) Hours per Month of Personal
Holiday Credit.
A. All of the provisions of section 11 apply to all the full-time employees who
work in twenty-four (24) hour facilities and who do not accrue two (2) hours
per month of personal holiday credit.
B. When a holiday falls on the regularly scheduled day off of a full-time
employee who works in a twenty-four (24) hour facility and who does not
accrue two (2) hours per month of personal holiday credit, the employee’s
regularly scheduled day off moves to the employee’s next scheduled work
day.
1. Employee Works on his/her Next Scheduled Work Day Following
the Holiday: When a full-time employee works on his or her next
scheduled work day following the holiday, the employee is entitled to
receive his/her regular salary. The employee is also entitled to receive
overtime pay at the rate of one and one-half (1.5) times his/her base
rate of pay (not including differentials) or compensation time at the
same rate for all hours worked on that day.
2. Employee does NOT work on his/her Next Scheduled Work Day
Following the Holiday. When a full time employee does NOT work on
his/her next scheduled work day following the holiday, the employee is
entitled to the day off, without a reduction in pay, in recognition of
his/her regularly scheduled day off.
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3. The County retains the right to decide when an employee will work or
not work the next scheduled work day following a holiday.
11.8 Provisions for Part-Time Employees and Permanent Intermittent
Employees Reopener. The parties agree to reopen the provisions of this
Memorandum of Understanding for the limited purpose of meeting and conferring
to ensure consistent practices across departments for part-time employees and
permanent intermittent employees.
11.9 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 automated time keeping system.
SECTION 12 - VACATION LEAVE
12.1 Vacation Allowance. Employees in permanent positions are entitled to
vacation with pay. Accrual is based upon straight time hours of working time per
calendar month of service and begins on the date of appointment to a permanent
position. Increased accruals begin on the first of the month following the month
in which the employee qualifies. Accrual for portions of a month shall be in
minimum amounts of one (1) hour calculated on the same basis as for partial
month compensation pursuant to Section 5.8 (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.
12.2 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.
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12.3 Vacation Accrual Rates.
A. Accrual Rates of Maximum Accumulation. The rates at which vacation credits
accrue, and the maximum accumulation thereof, are as follows:
Monthly Maximum
Accrual Cumulative
Length of Service Hours Hours
Under 5 years 6-2/3 160
5 through 10 years 10 240
11 years 10-2/3 256
12 years 11-1/3 272
13 years 12 288
14 years 12-2/3 304
15 through 19 years 13-1/3 320
20 through 24 years 16-2/3 400
25 through 29 years 20 480
30 years and up 23-1/3 560
B. Service Award Date Defined. An employee’s Service Award Date is the
first day of his/her temporary, provisional, or permanent appointment to a
position in the County. If an employee is first appointed to a temporary or
provisional position and then later appointed to a permanent position, the
Service Award Date for that employee is the date of the first day of the
temporary or provisional appointment.
Example One:
1. The employee’s Service Award Date is January 1, 1988;
2. The employee reached twenty (20) years of service on January 1, 2008;
3. February 1, 2008 is the date on which the employee is eligible to begin
accruing 16.66 hours of vacation time each month.
4. The increased vacation hours will appear on the employee’s March 10,
2008 pay warrant.
Example Two:
1. An employee’s Service Award Date is February 24, 1987
2. The employee reached twenty (20) years of service on February 24, 2007;
3. March 1, 2007 is the date on which the employee is eligible to begin
accruing 16.66 hours of vacation time each month.
4. The increased vacation hours will appear on the employee’s April 10, 2007
pay warrant.
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12.4 Accrual During Leave Without Pay. No employee who has been granted
a leave without pay or unpaid military leave shall accrue any vacation credit
during the time of such leave, nor shall an employee who is absent without pay
accrue vacation credit during the absence.
12.5 Vacation Allowance for Separated Employees. On separation from
County service, an employee shall be paid for any unused vacation credits at the
employee's then current pay rate.
12.6 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 seniority in their department as reasonably
as possible unless otherwise provided in the supplemental sections of this
Memorandum of Understanding.
SECTION 13 - SICK LEAVE
13.1 Purpose of Sick Leave. The primary purpose of paid sick leave is to
ensure employees against loss of pay for temporary absences from work due to
illness or injury. It is a benefit extended by the County and may be used only as
authorized; it is not paid time off which employees may use for personal
activities.
13.2 Credits to and Charges Against Sick Leave. Sick leave credits accrue at
the rate of eight (8) working hours credit for each completed month of service, as
prescribed by County Salary Regulations and this Memorandum of
Understanding. 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. As of the date of retirement, an employee's accumulated sick leave is
converted to retirement on the basis of one day of retirement service credit for
each day of accumulated sick leave credit.
13.3 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.
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c. The appointing authority may review medical evidence and order
further examination as deemed necessary, and may terminate use of
sick leave when such further examination demonstrates that the
employee is not disabled, or when the appointing authority determines
that the medical evidence submitted by the employee is insufficient, or
where the above conditions have not been met.
3. Communicable Disease. An employee may use paid sick leave credits
when under a physician's order to remain secluded due to exposure to a
communicable disease.
4. Sick Leave Utilization for Pregnancy Disability. Employees whose
disability is caused or contributed to by pregnancy, miscarriage, abortion,
childbirth, or recovery there from, shall be allowed to utilize sick leave
credit to the maximum accrued by such employee during the period of
such disability under the conditions set forth below:
a. Application for such leave must be made by the employee to the
appointing authority accompanied by a written statement of disability
from the employee's attending physician. The statement must address
itself to the employee's general physical condition having considered
the nature of the work performed by the employee, and it must indicate
the date of the commencement of the disability as well as the date the
physician anticipates the disability to terminate.
b. If an employee does not apply for leave and the appointing authority
believes that the employee is not able to properly perform her work or
that her general health is impaired due to disability caused or
contributed to by pregnancy, miscarriage, abortion, childbirth or
recovery there from the employee shall be required to undergo a
physical examination by a physician selected by the County. Should
the medical report so recommend, a mandatory leave shall be
imposed upon the employee for the duration of the disability.
c. Sick leave may not be utilized after the employee has been released
from the hospital unless the employee has provided the County with a
written statement from her attending physician stating that her
disability continues and the projected dates of the employee's recovery
from such disability.
5. Medical and Dental Appointments. An employee may use paid sick leave
credits:
a. For working time used in keeping medical and dental appointments for
the employee's own care; and
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b. For working time used by an employee for pre-scheduled medical and
dental appointments for an immediate family member.
6. Emergency Care of Family. An employee may use paid sick leave credits
for working time used in cases of illness or injury to an immediate family
member.
7. Death of Family Member. An employee may use paid sick leave credits
for working time used because of a death in the employee's immediate
family or of the employee’s domestic partner, but this shall not exceed
three (3) working days, plus up to two (2) days of work time for necessary
travel. Use of additional accruals including sick leave when appropriate
may be authorized in conjunction with the bereavement leave at the
discretion of the appointing authority.
8. Legal Adoption of a Child. Paid sick leave credits may be used by an
employee upon adoption of the child.
9. Accumulated paid sick leave credits may not be used in the following
situations:
a. Vacation. Paid sick leave credits may not be used for an employee's
illness or injury which occurs while he/she is on vacation but the
County Administrator 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.
13.4 Administration of Sick Leave. The proper administration of sick leave is a
responsibility of the employee and the department head. Unless otherwise
provided in the supplemental sections of this MOU, the following procedures
apply:
A. Employee Responsibilities
1. Employees are responsible for notifying their department of an absence
prior to the commencement of their work shift or as soon thereafter as
possible. Notification shall include the reason and possible duration of the
absence.
2. Employees are responsible for keeping their department informed on a
continuing basis of their condition and probable date of return to work.
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3. Employees are responsible for obtaining advance approval from their
supervisor for the scheduled time of pre-arranged personal or family
medical and dental appointment.
4. Employees are encouraged to keep the department advised of (1) a
current telephone number to which sick leave related inquiries may be
directed, and (2) any condition(s) and/or restriction(s) that may reasonably
be imposed regarding specific locations and/or persons the department
may contact to verify the employee's sick leave.
B. Department Responsibilities. The use of sick leave may properly be denied
if these procedures are not followed. Abuse of sick leave on the part of the
employee is cause for disciplinary action. Departmental approval of sick
leave is a certification of the legitimacy of the sick leave claim. The
department head or designee may make reasonable inquiries about
employee absences. The department may require medical verification for
an absence of three (3) or more working days. The department may also
require medical verification for absences of less than three (3) working days
for probable cause if the employee had been notified in advance in writing
that such verification was necessary. Inquiries may be made in the following
ways:
1. Calling the employee's residence telephone number or other contact
telephone number provided by the employee if telephone notification
was not made in accordance with departmental sick leave call-in
guidelines. These inquiries shall be subject to any restrictions imposed
by the employee under subsection 13.4 (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
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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.
13.5 Disability.
A. An employee physically or mentally incapacitated for the performance of duty
is subject to dismissal, suspension or demotion, subject to the County
Employees Retirement Law of 1937. An appointing authority after giving
notice may place an employee on leave if the appointing authority has filed
an application for disability retirement for the employee, or whom the
appointing authority believes to be temporarily or permanently physically or
mentally incapacitated for the performance of the employee’s duties.
B. An appointing authority who has reasonable cause to believe that there are
physical or mental health conditions present in an employee which endanger
the health or safety of the employee, other employees, or the public, or which
impair the employee's performance of duty, may order the employee to
undergo at County expense and on the employees paid time a physical,
medical examination by a licensed physician and/or a psychiatric examination
by a licensed physician or psychologist, and receive a report of the findings
on such examination. If the examining physician or psychologist
recommends that treatment for physical or mental health problems, including
leave, are in the best interests of the employee or the County in relation to
the employee overcoming any disability and/or performing his or her duties
the appointing authority may direct the employee to take such leave and/or
undergo such treatment.
C. Leave due to temporary or permanent disability shall be without prejudice to
the employee's right to use sick leave, vacation, or any other benefit to which
the employee is entitled other than regular salary. The Director of Human
Resources may order lost pay restored for good cause and subject to the
employee's duty to mitigate damages.
D. Before an employee returns to work from any absence for illness or injury,
other leave of absence or disability leave, exceeding two weeks in duration,
the appointing authority may order the employee to undergo at County
expense a physical, medical, and/or psychiatric examination by a licensed
physician, and may consider a report of the findings on such examination. If
the report shows that such employee is physically or mentally incapacitated
for the performance of duty, the appointing authority may take such action as
he/she deems necessary in accordance with appropriate provisions of this
MOU.
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E. Before an employee is placed on an unpaid leave of absence or suspended
because of physical or mental incapacity under subsection 13.5 (Disability)
paragraphs (A) or (B), the employee shall be given notice of the proposed
leave of absence or suspension by letter or memorandum, delivered
personally or by certified mail, containing the following:
1. A statement of the leave of absence or suspension proposed.
2. The proposed dates or duration of the leave or suspension which may be
indeterminate until a certain physical or mental health condition has been
attained by the employee.
3. A statement of the basis upon which the action is being taken.
4. A statement that the employee may review the materials upon which the
action is taken.
5. A statement that the employee has until a specified date (not less than
seven (7) work days from personal delivery or mailing of the notice) to
respond to the appointing authority orally or in writing.
F. Pending response to the notice the appointing authority for cause specified in
writing may place the employee on a temporary leave of absence with pay.
G. The employee to whom the notice has been delivered or mailed shall have
seven (7) work days to respond to the appointing authority either orally or in
writing before the proposed action may be taken.
H. After having complied with the notice requirements above, the appointing
authority may order the leave of absence or suspension in writing stating
specifically the basis upon which the action is being taken, delivering the
order to the employee either personally or by mail, effective either upon
personal delivery or deposit in the US Postal Service.
I. An employee who is placed on leave or suspended under this section may,
within ten (10) calendar days after personal delivery or mailing to the
employee of the order, appeal the order in writing through the Director of
Human Resources to the Merit Board. Alternatively, the employee may file a
written election with the Director of Human Resources waiving the
employee's right to appeal to the Merit Board in favor of appeal to a Disability
Review Arbitrator.
J. In the event of an appeal either to the Merit Board or the Disability Review
Arbitrator, the employee has the burden of proof to show that either:
1. The physical or mental health condition cited by the appointing authority
does not exist, or
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2. The physical or mental health condition does exist, but it is not sufficient
to prevent, preclude, or impair the employee's performance of duty, or is
not sufficient to endanger the health or safety of the employee, other
employees, or the public.
K. If the appeal is to the Merit Board, the order and appeal shall be transmitted
by the Director of Human Resources to the Merit Board for hearing under the
Merit Board's Procedures, Section 1114-1128 inclusive. Medical reports
submitted in evidence in such hearings shall remain confidential information
and shall not be a part of the public record.
L. If the appeal is to a Disability Review Arbitrator, the employee (and his
representative) will meet with the County's representative to mutually select
the Disability Review Arbitrator, who may be a de facto arbitrator, or a
physician, or a rehabilitation specialist, or some other recognized specialist
mutually selected by the parties. The arbitrator’s fees and expenses shall be
paid one-half by the County and one-half by the employee or the employee’s
Association. The arbitrator shall hear and review the evidence. The decision
of the Disability Review Arbitrator shall be binding on both the County and the
employee. The scope of the arbitrator's review shall be as follows:
1. The arbitrator may affirm, modify or revoke the leave of absence or
suspension.
2. The arbitrator may make his decision based only on evidence submitted
by the County and the employee.
3. The arbitrator may order back pay or paid sick leave credits for any
period of leave of absence or suspension if the leave or suspension is
found not to be sustainable, subject to the employee's duty to mitigate
damages.
13.6 Workers' Compensation.
A. Not Covered by Labor Code Section 4850. This subsection 13.6.A
(Worker’s Compensation) applies only to those on-the-job injuries or
illnesses sustained by employees who are not covered for such injury or
illness under Labor Code Section 4850:
1. 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
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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.
2. 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 as a result of the injury. The time
the employee is scheduled to work during this waiting period will be
charged to the employee's sick leave and/or vacation accruals. In
order to qualify for Workers' Compensation the employee must be
under the care of a physician. Temporary compensation is payable
on the first three (3) days of disability when the injury necessitates
hospitalization, or when the disability exceeds fourteen (14) days.
3. 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.
4. 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.
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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.
5. 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.
6. 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.
7. 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.
8. 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
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5 hours chargeable to Workers' Compensation
B. Covered By Section 4850. This subsection 13.6.B applies only to those
on-the-job injuries or illnesses sustained by employees who are covered
for such injury or illness under Labor Code Section 4850.
1. State Labor Code 4850 Pay. Law enforcement officers as defined in
State Labor Code 4850 who are members of the Contra Costa County
Retirement System continue to receive full salary benefits in lieu of
temporary disability during any absence from work which qualifies for
Workers Compensation benefits.
Currently, the maximum 4850 pay is one (1) year for any injury or
illness. To be eligible for this benefit the employee must be under the
care of a physician. All 4850 pay shall be approved by the County
Administrator’s Office, Risk Management Division.
2. Sick Leave and Vacation. Sick leave and vacation shall accrue in
accordance with the provision of State Labor Code 4850.
3. 4850 Pay Beyond One Year. If an injured employee remains eligible
for Worker’s Compensation temporary disability benefits beyond one
year, full salary will continue by integrating sick leave and/or vacation
accruals with Worker’s Compensation benefits (use of vacation
accruals must be approved by the department and the employee). If
salary integration is no longer available because accruals are
exhausted, Worker’s Compensation benefits will be paid directly to the
employee as prescribed by Workers Compensation laws.
4. Rehabilitation Integration. An injured employee who is eligible for
Worker’s Compensation rehabilitation temporary disability benefits
and who has exhausted 4850 pay eligibility will continue to receive full
salary by integrating sick leave and/or vacation accruals with Worker’s
Compensation rehabilitation temporary disability benefits. When
these accruals are exhausted, the rehabilitation temporary disability
benefits will be paid directly to the employee as prescribed by
Workers Compensation laws.
5. Health Insurance. The County contribution to the employee’s group
insurance plan(s) continues during the 4850 pay period and during
integration of sick leave or vacation wit Worker’s Compensation
benefits.
6. 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 hrs.)
W = Statutory Workers’ Compensation for a month
S = Monthly salary
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13.7 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 14 - CATASTROPHIC LEAVE BANK
14.1 Program Design. The County Human Resources Department will operate
a Catastrophic Leave Bank which is designed to assist any County employee
who has exhausted all paid accruals due to a serious or catastrophic illness,
injury, or condition of the employee or family member. The program establishes
and maintains a Countywide bank wherein any employee who wishes to
contribute may authorize that a portion of his/her accrued vacation,
compensatory time, holiday compensatory time or floating holiday be deducted
from those account(s) and credited to the Catastrophic Leave Bank. Employees
may donate hours either to a specific eligible employee or to the bank. Upon
approval, credits from the Catastrophic Leave Bank may be transferred to a
requesting employee's sick leave account so that employee may remain in paid
status for a longer period, thus partially ameliorating the financial impact of the
illness, injury, or condition. Catastrophic illness or injury is defined as a critical
medical condition, a long-term major physical impairment or disability which
manifests itself during employment.
14.2 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
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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 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 15 - LEAVE OF ABSENCE
15.1 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.
15.2 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:
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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 family care leave at least thirty (30) days
before the leave is to begin if the need for the leave is foreseeable. If the
need is not foreseeable, the employee must provide written notice to the
employer within five (5) days of learning of the event by which the need for
family care leave arises.
C. A leave without pay may be for a period not to exceed one (1) year,
provided the appointing authority may extend such leave for additional
periods. The procedure in granting extensions shall be the same as that
in granting the original leave, provided that the request for extension must
be made not later than thirty (30) calendar days before the expiration of
the original leave.
D. Nevertheless, a leave of absence for the employee's serious health
condition or for family care (FMLA) shall be granted to an employee who
so requests it for up to eighteen (18) weeks during a “rolling” twelve (12)
month period measured backward from the date an employee uses his/her
FMLA leave in accordance with Section 15.5 (Family Care or Medical
Leave) below.
E. 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.
F. 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.
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15.3 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 11.1 (Holidays Observed), 12.1 (Vacation Allowance), 12.4 (Accrual
During Leave Without Pay), 13.2 (Credits to and Charges Against Sick Leave),
and 13.7 (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.
15.4 Military Leave. Any employee who is ordered to serve as a member of the
State Militia or the United States Army, Navy, Air Force, Marine Corps, Coast
Guard or any division thereof shall be granted a military leave for the period of
such service, plus ninety (90) days. Additionally, any employee who volunteers
for service during a mobilization under Executive Order of the President or
Congress of the United States and/or the State Governor in time of emergency
shall be granted a leave of absence in accordance with applicable state or
federal laws. Upon the termination of such service or upon honorable discharge,
the employee shall be entitled to return to his/her position in the classified service
provided such still exists and the employee is otherwise qualified, without any
loss of standing of any kind whatsoever. An employee who has been granted a
military leave shall not, by reason of such absence, suffer any loss of vacation,
holiday, or sick leave privileges which may be accrued at the time of such leave,
nor shall the employee be prejudiced thereby with reference to salary
adjustments or continuation of employment. For purposes of determining
eligibility for salary adjustments or seniority in case of layoff or promotional
examination, time on military leave shall be considered as time in County service.
Any employee who has been granted a military leave, may upon return, be
required to furnish such evidence of performance of military service or of
honorable discharge as the Director of Human Resources may deem necessary.
15.5 Family Care Leave or Medical Leave. Upon request to the appointing
authority, in a “rolling” twelve (12) month period measured backward from the
date the employee uses his/her FMLA leave, any employee who has permanent
status shall be entitled to at least eighteen (18) weeks leave (less if so requested
by the employee) for:
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A. Medical leave of absence for the employee's own serious health condition
which makes the employee unable to perform the functions of the
employee's position; or
B. Family care leave of absence without pay for reason of the birth of a child
of the employee, the placement of a child with an employee in connection
with the adoption or foster care of the child by the employee, or the
serious illness or health condition of a child, parent, spouse, or domestic
partner of the employee.
15.6 Certification. The employee may be asked to provide certification of the
need for family care leave or medical leave. Additional period(s) of family care or
medical leave may be granted by the appointing authority.
15.7 Intermittent Use of Leave. The eighteen (18) week entitlement may be in
broken periods, intermittently on a regular or irregular basis, or may include
reduced work schedules depending on the specific circumstances and situations
surrounding the request for leave. The eighteen (18) weeks may include use of
appropriate available paid leave accruals when accruals are used to maintain
pay status, but use of such accruals is not required beyond that specified in
Section 15.12 (Leaves Without Pay – Use of Accruals) below. When paid leave
accruals are used for a medical or family care leave, such time shall be counted
as a part of the eighteen (18) week entitlement.
15.8 Aggregate Use for Spouses. If the spouses or domestic partners are both
employed by the County, the family care of medical leave entitlement based on
the birth, adoption or foster care of a child is limited to an aggregate for both
employees together of eighteen (18) weeks during a “rolling” twelve (12) month
measured backward from the date the employee uses his/her FMLA leave.
Employees requesting family care leave are required to advise their appointing
authority(ies) when their spouse is also employed by the County.
15.9 Definitions. For medical and family care leaves of absence under this
section, the following definitions apply:
A. “Child”: A biological, adopted, or foster child, stepchild, legal ward,
conservatee or a child who is under eighteen (18) years of age for whom
an employee stands in loco parentis or for whom the employee is the
guardian or conservator, or an adult dependent child of the employee.
B. “Parent”: A biological, foster, or adoptive parent, a step-parent, legal
guardian, conservator, or other person standing in loco parentis to a child.
C. “Spouse”: A partner in marriage as defined in California Civil Code
Section 4100.
D. “Domestic Partner”: An unmarried person, eighteen (18) years or older, to
whom the employee is not related and with whom the employee resides
and shares the common necessities of life.
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E. “Serious Health Condition”: An illness, injury, impairment, or physical or
mental condition which warrants the participation of a family member to
provide care during a period of treatment or supervision and involves
either inpatient care in a hospital, hospice or residential health care facility
or continuing treatment or continuing supervision by a health care provider
(e.g. physician or surgeon) as defined by state and federal law.
F. “Certification for Family Care (CFRA) Leave”: A written communication to
the employer from a health care provider of a person for whose care the
leave is being taken which need not identify the serious health condition
involved, but shall contain:
1. The date, if known, on which the serious health condition commenced.
2. The probable duration of the condition.
3. An estimate of the amount of time which the employee needs to render
care or supervision.
4. A statement that the serious health condition warrants the participation
of a family member to provide care during period of treatment or
supervision.
5. If for intermittent leave or a reduced work schedule leave, the
certification should indicate that the intermittent leave or reduced leave
schedule is necessary for the care of the individual or will assist in their
recovery, and its expected duration.
G. “Certification for Family Medical (FMLA) Leave”: A written
communication from a health care provider of an employee with a serious
health condition or illness to the employer, which need not identify the
serious health condition involved, but shall contain:
1. The date, if known, on which the serious health condition commenced.
2. The probable duration of the condition.
3. A statement that the employee is unable to perform the functions of the
employee's job.
4. If for intermittent leave or a reduced work schedule leave, the
certification should indicate the medical necessity for the intermittent
leave or reduced leave schedule and its expected duration.
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H. “Comparable Position”: A position with the same or similar duties and pay
which can be performed at the same or similar geographic location as the
position held prior to the leave. Ordinarily, the job assignment will be the
same duties in the same program area located in the same city, although
specific clients, caseload, co-workers, supervisor(s), or other staffing may
have changed during an employee's leave.
15.10 Pregnancy Disability Leave.
A. How Leave Is Counted. Insofar as pregnancy disability leave is used under
subsection 13.3, paragraph B, subparagraph 4 (Sick Leave Utilization for
Pregnancy Disability), that time will not be considered a part of the eighteen
(18) week family care leave period.
B. Pregnancy Limited Duty Assignment. Once an employee has been granted
limited duty status for maternity reasons by the County, such employee may,
with specific medical verification, request and receive reassignment to a work
location which shall not require the employee to have a physical presence
during the term of the pregnancy on any living unit at juvenile hall.
15.11 Group Health Plan Coverage. Employees who were members of one of
the group health plans prior to commencement of their leave of absence can
maintain their health plan coverage with the County contribution by maintaining
their employment in pay status as described in subsection 15.12 (Leave Without
Pay – Use of Accruals). During the eighteen (18) weeks of an approved medical
or family care leave under subsection 15.5 (Family Care Leave or Medical
Leave) above, the County will continue its contribution for such health plan
coverage even if accruals are not available for use to maintain pay status as
required under subsection 15.12 (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.
15.12 Leave Without Pay - Use of Accruals.
A. All Leaves of Absence. During the first twelve (12) month period of any leave
of absence without pay, an employee may elect to maintain pay status each
month by using available sick leave (if so entitled under subsection 13.3 -
Policies Governing the Use of Paid Sick Leave), vacation, floating holiday,
compensatory time off or other accruals or entitlements; in other words,
during the first twelve (12) months, a leave of absence without pay may be
"broken" into segments and accruals used on a monthly basis at the
employee's discretion. After the first twelve (12) months, the leave period
may not be "broken" into segments and accruals may not be used, except
when required by Long Term Disability (“LTD”) Benefit Coordination or Sick
Leave Integration or as provided in the sections below.
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B. California Family Rights Act (CFRA) and Federal Medical Leave Act (FMLA).
During the eighteen (18) weeks of an approved medical (FMLA) or family
care (CFRA) leave, if a portion of that leave will be on a leave of absence
without pay, the employee will be required to use at least 0.1 hour of sick
leave (if so entitled under subsection 13.3 - Policies Governing the Use of
Paid Sick Leave), vacation, floating holiday, compensatory time off or other
accruals or entitlements if such are available, although use of additional
accruals is permitted under subsection 15.12, 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 15.12 (All Leaves of Absence) paragraph B herein during the
eighteen (18) week entitlement period of a medical leave specified above. If
an eligible employee continues beyond the eighteen (18) 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 15.12
(All Leaves of Absence) paragraph A herein.
D. Sick leave accruals may not be used during any leave of absence, except as
allowed under subsection 13.3 (Policies Governing the Use of Paid Sick
leave).
15.13 Leave of Absence Replacement and Reinstatement. Any permanent
employee who requests reinstatement to the classification held by the employee
in the same department at the time the employee was granted a leave of
absence, shall be reinstated to a position in that classification and department
and then only on the basis of seniority. In case of severance from service due to
the reinstatement of a permanent employee, the provisions of Section 10
(Workforce Reduction/Layoff/Reassignment) shall apply.
15.14 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.
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15.15 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.
15.16 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.
15.17 Non-Exclusivity. Other MOU language on this subject, not in conflict,
shall remain in effect.
SECTION 16 - JURY DUTY AND WITNESS DUTY
16.1 Jury Duty. For purposes of this Section, jury duty shall be defined as any
time an employee is obligated to report to the court.
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 Coroner’s
jury, employees may remain in their regular County pay status, or they
may take paid leave (vacation, floating holiday, etc.) or leave without pay
and retain all fees and expenses paid to them.
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.
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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.
H. Permanent-intermittent employees are entitled to paid jury duty leave only
for those days on which they were previously scheduled to work.
16.2 Witness Duty. Employees called upon as a witness or an expert witness in
a case arising in the course of their work or the work of another department may
remain in their regular pay status and turn over to the County all fees and
expenses paid to them other than mileage allowance or they may take vacation
leave or leave without pay and retain all fees and expenses. Employees called
to serve as witnesses in private cases or personal matters (e.g., accident suits
and family relations) shall take vacation leave or leave without pay and retain all
witness fees paid to them. Retention or waiver of fees shall be governed by the
same provisions as apply to jury duty as set forth in subsection 16.1 (Jury Duty)
of this MOU. Employees shall advise their department as soon as possible if
scheduled to appear for witness duty. Permanent intermittent employees are
entitled to paid witness duty only for those days on which they were previously
scheduled to work.
SECTION 17 - HEALTH, LIFE & DENTAL CARE
17.1 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:
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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.
17.2 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
Delta Care/CCHP A and B and Healthnet PPO. Beginning one hundred
(100) calendar days after the date on which the Board of Supervisors
approves this agreement, or January 1, 2011, whichever is earlier, 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. If there is an increase in the premium
charged by a health or dental plan 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 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 one hundred (100) calendar days after the date on
which the Board of Supervisors approves this agreement, or January 1,
2011, whichever is earlier, 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 one hundred (100) calendar days after the date on
which the Board of Supervisors approves this agreement, or January 1,
2011, whichever is earlier, 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
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the plan in 2010. If there is an increase in the premium charged by a
CCHP health and/or coordinated dental plan 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 one hundred (100) calendar days after the
date on which the Board of Supervisors approves this agreement, or
January 1, 2011, whichever is earlier, 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 and/or dental plan provider not listed in
Attachment “B” the amount of the premium subsidy that the County will pay to
that health and/or dental provider for employees and their eligible family
members shall not exceed the amount of the premium subsidy that the
County would have paid to the former plan provider.
C. In the event that the County premium subsidy amounts are greater than one
hundred percent (100%) of the applicable premium of any health and/or
dental plan, for any plan year, the County’s contribution will not exceed one
hundred percent (100%) of the applicable plan premium.
17.3 Retirement Coverage:
A. Upon Retirement:
1. Upon retirement eligible employees and their eligible family members may
remain in their County health/dental plan, but without County-paid life
insurance coverage, if immediately before their proposed retirement the
employees and dependents are either active subscribers to one of the
County contracted health/dental plans or if while on authorized leave of
absence without pay, they have retained continuous coverage during the
leave period. Beginning one hundred (100) calendar days after the date
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on which the Board of Supervisors approves this agreement, or January 1,
2011, whichever is earlier, the County will pay the same monthly premium
subsidies for eligible retirees and their eligible family members as set forth
in subsection 17.2 (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 January 1, 2011, and their eligible family
members, no monthly premium subsidy will be paid by the County for any
health or dental plan after they separate from County employment.
However, any such eligible employee who retires under the Contra Costa
County Employees’ Retirement Association (“CCCERA”) may retain
continuous coverage of 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 and/or dental plan without any County premium subsidy.
B. Employees Who File For Deferred Retirement. Employees, who resign and
file for a deferred retirement and their eligible family members, may continue
in their County group health and dental plan under the following conditions
and limitations.
1. Health and dental coverage during the deferred retirement period is totally
at the expense of the employee, without any County contributions.
2. Life insurance coverage is not included.
3. To continue health and dental coverage, the employee must:
a. be qualified for a deferred retirement under the 1937 Retirement Act
provisions;
b. be an active member of a County group health and/or dental plan at
the time of filing their deferred retirement application and elect to
continue plan benefits;
c. be eligible for a monthly allowance from the Retirement System and
direct receipt of a monthly allowance within twenty-four (24) months of
application for deferred retirement; and
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.
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4. Deferred retirees who elect continued health benefits hereunder and their
eligible family members may maintain continuous membership in their
County health and/or dental plan group during the period of deferred
retirement by paying the full premium for health and dental coverage on or
before the 10th of each month, to the Contra Costa County Auditor-
Controller. When the deferred retirees begin to receive retirement
benefits, they will qualify for the same health and/or dental plan coverage
pursuant to paragraph A, above, as similarly situated retirees who did not
defer retirement.
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
they begin to receive retirement benefits they will qualify for the same
health and/or dental coverage pursuant to paragraph A, above, as
similarly situated retirees who did not defer retirement are entitled,
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 plans as similarly situated
retirees who did not defer.
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 17.3 (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 17.3 (Retirement Coverage)
paragraphs A, B, and C and upon retirement, 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.
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E. For purposes of this subsection 17.3 (Retirement Coverage) only, ‘eligible
family members’ does not include Survivors of employees or retirees.
17.4 Health Plan Coverages and Provisions. The following provisions are
applicable regarding County Health and Dental Plan participation:
A. Health, Dental and Life Participation by Other Employees: Permanent part-
time employees working nineteen (19) hours per week or less may participate
in the County Health and/or Dental plans (with the associated life insurance
benefit) at the employee’s full expense.
B. Coverage Upon Separation: An employee who separates from County
employment is covered by his/her County health and/or dental plan through
the last day of the month in which he/she separates. Employees who
separate from County employment may continue group health and/or dental
plan coverage to the extent provided by the COBRA laws and regulations.
17.5 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:
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 mental 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.
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17.6 Dual Coverage.
A. On and after January 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 afterJanuary 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 17.6 (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.
17.7 Life Insurance Benefit Under Health and Dental Plans. For employees
who are enrolled in the County’s program of medical or dental coverage as either
the primary or the dependent, term life insurance in the amount of ten thousand
dollars ($10,000) will be provided by the County.
17.8 Supplemental Life Insurance. In addition to the life insurance benefits
provided by this agreement, employees may subscribe voluntarily and at their
own expense for supplemental life insurance. Employees may subscribe for an
amount not to exceed five hundred thousand dollars ($500,000), of which one
hundred thousand ($100,000) is a guaranteed issue, provided the election is
made within the required enrollment periods.
17.9 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.
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17.10 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.
17.11 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,
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.
17.12 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.
17.13 Prevailing Section. To the extent that any provision of this Section 17
(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
17 (Health, Life and Dental Care) will prevail.
17.14 Rate Information. The County Benefits Division will make health and
dental plan rate information available upon request to employees and
departments. In addition, the County Benefits Division will publish and distribute
to employees and departments information about rate changes as they occur
during the year.
17.15 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.
17.16 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.
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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.
17.17 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 18 - PROBATIONARY PERIOD
18.1 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 twelve (12) months for original entrance
appointments and promotional appointments.
18.2 Revised Probationary Period. When the probationary period for a class is
changed, only new appointees to positions in the classification shall be subject to
the revised probationary period.
18.3 Criteria. The probationary period shall date from the time of appointment to
a permanent position after certification from an eligible list. It shall not include
time served under provisional appointment or under appointment to limited term
positions or any period of continuous leave of absence without pay or period of
work connected disability exceeding fifteen (15) calendar days. For those
employees appointed to permanent-intermittent positions with a nine (9) month
probation period, probation will be considered completed upon serving fifteen
hundred (1500) hours after appointment except that in no instance will this period
be less than nine (9) calendar months from the beginning of probation. If a
permanent-intermittent probationary employee is reassigned to full-time, credit
toward probation completion in the full-time position shall be prorated on the
basis of one hundred seventy-three (173) hours per month.
18.4 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.
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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 18.4 (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.
18.5 Regular Appointment. The regular appointment of a probationary
employee shall begin on the day following the end of the probationary period,
subject to the condition that the Director of Human Resources receive from the
appointing authority a statement in writing that the services of the employee
during the probationary period were satisfactory and that the employee is
recommended for permanent appointment. A probationary employee may be
rejected at any time during the probation period without regard to the Skelly
provisions of this 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.
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A probationary employee who has been rejected or has resigned during
probation shall not be restored to the eligible list from which the employee was
certified unless the employee receives the affirmative recommendation from the
appointing authority and is certified by the Director of Human Resources whose
decision is final. The Director of Human Resources shall not certify the name of
a person restored to the eligible list to the same appointing authority by whom the
person was rejected from the same eligible list, unless such certification is
requested in writing by the appointing authority.
18.6 Layoff During Probation. An employee who is laid off during probation, if
reemployed in the same class by the same department, shall be required to
complete only the balance of the required probation. If reemployed in another
department or in another classification, the employee shall serve a full
probationary period. An employee appointed to a permanent position from a
layoff or reemployment list is subject to a probation period if the position is in a
department other than the department from which the employee separated,
displaced, or voluntarily demoted in lieu of layoff. An appointment from a layoff
or reemployment list is not subject to a probation period if the position is in the
department from which the employee separated, displaced or voluntarily
demoted in lieu of layoff.
18.7 Rejection During Probation of 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.
18.8 Discussion of Continuous Testing. Upon receipt of a request by the
Association, the Human Resources Department agrees to meet to discuss the
issues related to continuous testing and the frequency of such testing regarding
specific classifications.
SECTION 19 - PROMOTION
19.1 Competitive Exam. Promotion shall be by competitive examination unless
otherwise provided in this MOU.
19.2 Promotion Policy. The Director of Human Resources, upon request of an
appointing authority, shall determine whether an examination is to be called on a
promotional basis.
19.3 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.
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19.4 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.
19.5 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.
19.6 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.
19.7 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.
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19.8 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.
19.9 Psychological Exams. Applicants who currently occupy a permanent
peace officer position in the Probation Department will not be required to
complete the psychological screening or background investigation to promote to
other peace officer positions in the Probation Department. Specifically,
permanent Probation Counselors participating in the current promotional Deputy
Probation Officer II examination will not be required to complete either
psychological screening or a background investigation. Individuals who have
only temporary Probation Counselor time with the County will be required to
complete the full scale psychological and background investigation.
SECTION 20 - POSTING OF VACANCIES AND REASSIGNMENT
20.1 Voluntary Reassignment – Probation Counselors. The following terms
shall govern the voluntary reassignment of Probation Counselors:
A. Responsibility For Implementation. Implementation of the posting and
reassignment procedures is the responsibility of the Probation Manager
assigned responsibility for the Personnel Unit for Institutions and
Treatment Programs.
B. Posting of Probation Counselor Vacancies.
1. Positions Must Be Posted. All vacant Probation Counselor positions
which may occur by creation of new positions, separation, promotion,
demotion or reassignment must be posted for permanent employee
bidding.
2. Order of Posting. When a vacancy occurs within a Probation
Counselor classifications within Juvenile Institutions or treatment
programs, that vacancy (shift schedule) will be posted in all Juvenile
Institutions and Treatment Programs. Selection procedures and
criteria shall be as provided in subsection 20.1 (Voluntary
Reassignment – Probation Counselors) paragraphs G (Interviews and
Withdrawal) and H (Selection Criteria for Probation Counselor
Vacancies) below.
3. Duration of Posting. A vacant Probation Counselor position notice
shall be posted for seven (7) calendar days. The notice shall specify
job characteristics and shall be posted only once.
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4. Posting Locations. When a vacancy occurs within a Probation
Counselor unit, that vacancy (including shift schedule) will be posted
on bulletin boards in or near employee work areas throughout the
department.
5. Reasons For Not Posting. If a vacant Probation Counselor position in
a juvenile institution is not posted within thirty (30) days, a notice of the
reasons why not shall be posted.
C. Eligibility to Bid for Reassignment.
1. Definition of Bidder. For purposes of this procedure, a bidder is an
employee in the same classification series who is eligible to bid under
this subsection 20.1 (Voluntary Reassignment – Probation Counselors)
paragraph C (Eligibility to Bid for Reassignment) who meets all the
minimum qualifications for the position including any specialized
requirements such as bilingual ability, position flag requirements, and
who submits a bid on the position.
2. Bearing of Status on Eligibility To Request Reassignment.
a. All permanent full-time, permanent part-time or permanent
intermittent employees may request reassignment to any open
permanent position in the same classification anywhere else in the
Department.
b. Employees who are in a temporary status or provisionally
appointed to a permanent position may not bid for reassignment
under this procedure.
c. Employees who are on probation or who have been in a new work
assignment for less than three (3) months may bid for a vacant
position which is open. However, the bid will be considered if,
when bidding is closed, there are less than three (3) employees
who are not on probation or in new assignments who have bid for
the position. Bids from employees on probation or in new
assignments will be in addition to any names referred to the
department through the certification process described in Section
20.1.E (Order of Candidate Consideration) paragraph 2 below.
Probation Counselors who have completed three (3) months of
their one (1) year probation may bid the same as all other
permanent employees.
D. Bid Procedures.
1. Employees will inform the Administrative Probation Manager of their
interest in a posted Probation Counselor vacancy via the
Reassignment Request form.
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2. Bidding While on Leave. Employees interested in a particular
assignment and wishing to be notified of an open position while on
vacation, sick leave or leave of absence (not scheduled day off) may
leave a written notice or a self-addressed, stamped envelope with the
supervisor of the position they are interested in. It is not the unit
supervisor’s responsibility to contact an employee who is not working
(i.e. sick leave, vacation, leave of absence, worker’s compensation,
etc.)
E. Order of Candidate Consideration.
1. If three (3) or more eligible bidders apply for a Probation Counselor
vacancy only the three (3) most senior bidders will be considered.
2. If less than three (3) Probation Counselors bid for a Probation
Counselor vacancy or less than three (3) bidders are eligible for the
position, the Probation Manager may add names from the Merit
System eligibility list to ensure the creation of a three (3) candidate
pool.
F. The selected employee will not be eligible to bid for another vacancy for
six (6) months from the start date of the new assignment.
G. Interviews.
1. Withdrawal. Candidates have the option of withdrawing from the
reassignment process at any time prior to the interview. Once the
interview is held, the selected candidate is obligated to accept the
reassignment.
2. Interviews.
a. For purposes of selection, the interview panel will consider the
three (3) most senior candidates as equals. For the purposes of
bidder selection, the "Rule of 3" shall apply. That is, the supervisor
is entitled to select from three (3) candidates and the three (3)
most senior may be considered as equal. Seniority for bidding
purposes means classification series seniority.
b. The supervisor shall offer to interview all candidates either in
person or on the telephone. Subsequent to submitting a bid, an
employee may waive consideration for the position at any time by
notifying the supervisor verbally or in writing in which case the next
most senior bidder (if any) or candidate from the eligible list may be
considered. The remaining active bidders will be advised within
ten (10) work days after the posting is removed whether they have
been selected or the status of their bid. If requested by the
employee, supervisors shall give an employee in writing the
reason(s) why he or she was not selected.
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H. Selection Criteria for Probation Counselor Vacancies. The criteria to be
considered by the unit supervisor in making the selection for a Probation
Counselor vacancy are:
1. Applicant’s suitability for the position, including training and experience.
2. The assessment of the applicant’s performance in the position held at
the time of the consideration for reassignment.
3. Length of service in the unit.
I. Bidder’s Remorse. The selected employee shall have no claim on the
job(s) he or she left. If a decision is made by the employee to seek
immediate reassignment, the employee may only be placed in another
vacant position in accordance with this policy.
20.2. Voluntary Reassignment – Probation Officers. The following terms of
this Section B shall govern the voluntary reassignment of Probation Officers.
A. Responsibility For Implementation. Implementation of the posting and
reassignment procedures is the responsibility of the Probation Manager
assigned responsibility for the Personnel Unit for Probation Officer
operations.
B. Notice of Vacant Probation Officer Positions.
1. Notice Required. Notice shall be given in the manner provided below
to employees of all vacant Probation Officer positions which may occur
by creation of new positions, separation, promotion, demotion or
reassignment.
2. Notice Through Pre-Posting Polling: Once a determination is made
that a vacancy is to be filled the manager overseeing the position shall
informally poll all Probation Officers he or she supervises in the work
unit in which the vacancy exists to determine whether a Probation
Officer in the unit desires reassignment to the vacancy. If one (1) or
more Probation Officers within the supervisor’s work unit desire
reassignment to the vacancy, the vacancy shall be filled in the manner
provided in subsection 20.2 (Voluntary Reassignment – Probation
Officers) paragraph E subparagraph 1 below.
3. Post-Polling Email Notice. If no Probation Officer in the Unit expresses
interest in and is reassigned to the vacancy as a result of the polling
process, the manager shall initiate a notice announcing the opening.
The Departmental Personnel Clerk will distribute an e-mail version of
the Posting Notice to “PROB-All Staff” in the departmental address
book.
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C. Eligibility To Bid For Reassignment.
1. Definition of Bidder. For purposes of this procedure, a bidder is an
employee in the same class who is eligible to bid under this subsection
20.2 (Voluntary Reassignment – Probation Officers) paragraph C
(Eligibility To Bid For Reassignment) who meets all the minimum
qualifications for the position including any specialized requirements
such as bilingual ability, position flag requirements, and who submits a
bid on the position.
2. Bearing of Status on Eligibility To Request Reassignment.
a. All permanent full-time, permanent part-time or permanent
intermittent employees may request reassignment to any open
permanent position in the same classification anywhere else in the
Department.
b. Employees who are in a temporary status or provisionally appointed
to a permanent position may not bid for reassignment under this
procedure.
c. Probationary and New Assignment Bidding. Employees who are on
probation or who have been in a new work assignment for less than
three (3) months may bid for a vacant position which is open.
However, the bid will be considered if, when bidding is closed, there
are less than three (3) employees who are not on probation or in
new assignments who have bid for the position. Bids from
employees on probation or in new assignments will be in addition to
any names referred to the department through the certification
process described in Subsection 20.2.E (Order of Candidate
Consideration) paragraph 2 below.
d. Newly appointed Probation Officers are eligible to apply for
voluntary reassignment after they have served two (2) years in their
assignment. Permanent employees accepting a voluntary
reassignment are expected to remain in that assignment for at least
one (1) year.
D. Bid Procedures.
1. Except during the polling process described in subsection 20.2
(Voluntary Reassignment – Probation Officers) paragraph B
subparagraph 2 (Notice Through Pre-Posting Polling) above,
employees interested in a Probation Officer position shall submit a
written request/email to the Personnel Clerk identifying his or her
interest in the posted position before the position closes.
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2. Bidding While on Leave. Employees interested in a particular
assignment and wishing to be notified of an open position while on
vacation, sick leave or leave of absence (not scheduled day off) may
leave a written notice or a self-addressed, stamped envelope with the
supervisor of the position they are interested in. It is not the unit
supervisor’s responsibility to contact an employee who is not working
(i.e. sick leave, vacation, leave of absence, worker’s compensation,
etc.).
E. Order of Candidate Consideration.
1. If, during polling conducted pursuant to Section 20.2 (Voluntary
Reassignment – Probation Officers) paragraph B subparagraph 2
(Notice Through Pre-Posting Polling) above, a Probation Officer in the
unit containing the vacancy expresses to his or her Supervisor a desire
for the vacancy, he or she shall be granted the reassignment unless
more than one Probation Officer in the Unit desires the vacancy. In
such latter case, the most senior interested Probation Officer in the
unit shall be granted the reassignment. In either case, no further
selection procedures shall be required. However, if no Probation
Officer in the unit desires the vacancy, it shall be filled in accordance
with Sections 20.2 (Voluntary Reassignment – Probation Officers)
paragraphs E (Order of Candidate Consideration) through H
(Consideration of Otherwise Ineligible Bidders for Probation Officer
Vacancies) below.
2. If a Probation Officer vacancy is not filled through polling as described
in Subsection 20.2 (Voluntary Reassignment – Probation Officers)
paragraph B subparagraph 2 (Notice Through Pre-Posting Polling)
above, and after department-wide posting there are less than three (3)
eligible applicants for a Probation Officer position, the Department may
consider all candidates with less than the required time in an
assignment, who have applied. If there are still less than three (3)
candidates, the department may interview candidates from the existing
eligible lists.
3. If, as a result of posting pursuant to subsection 20.2.B.3 (Post-Polling
Email Notice) above, three (3) or more eligible bidders apply for a
Probation Officer vacancy from within the unit containing the vacancy,
only the three (3) most senior bidders will be considered.
F. Interviews and Withdrawal.
1. Withdrawal. Candidates have the option of withdrawing from the
reassignment process at any time prior to the interview. Once the
interview is held, the selected candidate is obligated to accept the
reassignment.
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2. Interviews.
a. The supervisor may begin interviewing bidders immediately upon
posting the bid notice. However, no more than three (3)
candidates may be interviewed for a posted position.
b. For purposes of selection, the interview panel will consider the
three (3) most senior candidates as equals. For the purposes of
bidder selection, the "Rule of 3" shall apply. That is, the supervisor
is entitled to select from three (3) candidates and the three (3)
most senior may be considered as equal. Seniority for bidding
purposes means classification series seniority.
c. The supervisor shall offer to interview all candidates either in
person or on the telephone. Subsequent to submitting a bid, an
employee may waive consideration for the position at any time by
notifying the supervisor verbally or in writing in which case the next
most senior bidder (if any) or candidate from the eligible list may be
considered. The remaining active bidders will be advised within
ten (10) work days after the posting is removed whether they have
been selected or the status of their bid. If requested by the
employee, supervisors shall give an employee in writing the
reason(s) why he or she was not selected.
d. No more than three (3) candidates may be interviewed for a posted
position.
G. Selection Criteria for Probation Officer Vacancies. The criteria to be
used in making selection from among applicants for reassignments are as
follows:
1. The Department’s responsibility to the Court, clients and community.
2. Applicant’s suitability for the position, including training and
experience.
3. An assessment of the applicant’s performance in the position held at
the time of consideration for reassignment.
4. Length of service in the Department.
H. Consideration of Otherwise Ineligible Bidders for Probation Officer
Vacancies. All vacant Probation Officer positions shall be filled in
accordance with the criteria in Subsection 20.2.G (Selection Criteria for
Probation Officer Vacancies) immediately above by an employee who
has requested to be reassigned to the position. However, if the
Department considers candidates with less than the required time in an
assignment pursuant to subsection 20.2 (Voluntary Reassignment –
Probation Officers) paragraph E (Order of Candidate Consideration)
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subparagraph 2 above, the needs of the Department will be the primary
factor.
I. Bidder’s Remorse. The selected employee shall have no claim on the
job(s) he or she left. If a decision is made by the employee to seek
immediate reassignment, the employee may only be placed in another
vacant position in accordance with this policy.
J. Assignment Trades – Probation Officers. Requests for “trades” in
assignments between two Probation Officers in the same classification
holding comparable positions where no vacancies exist can be made to
their respective Managers. Such requests shall indicate the names of both
parties of the proposed trade together with the reasons for the trade. If
more than one Manager is involved, the Managers shall confer and, if
necessary, interview the persons requesting the trade.
20.3 Involuntary Administrative Reassignment Procedure – Probation
Counselors. The below listed procedure shall apply to Probation Counselors.
Department management, at its sole discretion, may determine from time to time
that involuntary reassignments of staff are required. Involuntary reassignments
are the reassignments of permanent employees in their existing classification to
a new worksite, shift, or program area. Such decisions may result from inability
to fill a vacancy through the voluntary reassignment procedure or from a
determination that excess staff are allocated to a certain site, shift, or program.
When such decisions are made and the reassignments are permanent, the below
listed procedure shall apply. This policy shall not apply to temporary
reassignments of less than eight (8) weeks duration to cover such things as
vacation relief, sick leave absences, temporary shifts in workload, training
assignments, or temporary short term assignments to cover vacant positions
which could not be filled through the voluntary reassignment policy and for which
actions are underway to fill permanent from an eligible list. If a temporary
reassignment is expected to exceed eight (8) weeks in duration, the affected
department shall either use the below listed procedure or will meet and confer
with the Association on a case by case basis regarding an alternative approach:
A. Management will identify the classifications and positions from which
reassignments are necessary.
B. Affected employees will be provided with a list of vacancies/ assignments
for which they may apply.
C. Affected employees shall be given the opportunity to volunteer for the
available vacancies/assignments and shall be considered in accordance
with Part f. of the voluntary reassignment procedure.
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D. If there are insufficient volunteers for the number of available positions or
no volunteers, and involuntary reassignments are still required, the least
senior qualified affected employee shall be reassigned to the vacant
assignment identified by management, followed by the next least senior
employee, and so on in inverse order of seniority until all necessary
reassignments are completed. Qualified is defined as a person
possessing the necessary training or experience for the specific
assignment. Seniority for involuntary reassignment purposes shall be
defined as seniority within classification. Nothing contained in this Section
shall prohibit the Department and the Association from making a mutually
agreed upon alternative arrangement. In no event shall reassignments be
utilized for disciplinary purposes.
20.4 Administrative Reassignments - Probation Officers.
A. The appointing authority may assign an employee from one position to
another position in the same series within the department. Administrative
reassignments may be required from time to time to facilitate Department
functions and efficiency. These involuntary reassignments may be for such
purposes as adjusting workload levels, accommodating changes in funding,
filling assignments with special requirements, etc. The following procedure
shall only apply to permanent reassignments and is not intended to apply to
temporary assignments to cover sick leave, training assignments, vacation,
etc.
1. Management will identify the classification and position(s) from which
reassignment are necessary.
2. Affected employees will be provided a list of assignments for which they
may apply.
3. Affected employees shall be given an opportunity to volunteer for
vacancies and shall be reassigned on the basis of series seniority.
4. If there are no volunteers for reassignment, the least senior employee(s)
(based on series seniority) in the affected work unit shall be reassigned.
5. The department will provide the affected employee with as much advance
notice as possible.
6. Employees administratively reassigned shall not be precluded from
bidding on future open positions via the Department Reassignment
Process.
7. Nothing contained in this section shall prohibit the Department and the
Association from making a mutually agreed upon alternative arrangement.
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B. Involuntary reassignments are the reassignment of permanent employees in
their existing classification to a new worksite, shift or program area.
Involuntary reassignments shall not be utilized for disciplinary purposes.
Nothing contained in this section shall prohibit the reassignment of a Deputy
Probation Officer who is not meeting the job expectations of another agency
or department to which that the Probation Officer is assigned.
20.5 Reassignment Due to Layoff or Displacement. When reassignment of
an employee or employees is necessary due to layoff or displacement, the
following procedures shall be followed:
A. A list of vacant positions shall be posted in work areas of all affected
employees for a minimum of five (5) work days.
B. Employees shall be given the opportunity to volunteer for vacancies and
shall be reassigned on the basis of seniority.
C. If there are no volunteers for reassignment, the least senior employee(s) in
that class shall be reassigned.
D. Management shall have the sole prerogative to select the vacancy to
which the least senior employee(s) shall be reassigned. Seniority for
reassignment purposes shall be defined as (in Section 10.1, Workforce
Reduction/Layoff/Reassignment, subsection 10.2, Separation Through
Layoff, paragraph E, Seniority) seniority within classification. If reduction
or reassignment by site is necessary, the least senior employee in the
affected class at the site shall be reassigned. If reduction or reassignment
is necessary by shift, the least senior employee in the affected class
assigned to the affected shift shall be reassigned. Nothing contained in
this Section shall prohibit a Department and the Association from making a
mutually agreed upon alternative arrangement.
SECTION 21 – RESIGNATIONS.
21.1 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.
21.2 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.
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21.3 Constructive Resignation. A constructive resignation occurs and is
effective when:
A. An employee has been absent from duty for five (5) consecutive working
days without leave; and
B. Five (5) more consecutive work days have elapsed without response by
the employee after the receipt of a registered or certified letter citing a
notice of resignation by the appointing authority to the employee at the
employee's last known address, but no more than ten (10) working days
from mailing of said notice.
21.4 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 21.2
(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.
21.5 Revocation. A resignation that is effective is revocable only by written
concurrence of the employee and the appointing authority.
21.6 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 23 of the MOU beginning with Step 3.
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D. Disposition. If a final decision is rendered that determines that the
resignation was coerced, the resignation shall be deemed revoked and the
employee returned to duty effective on the day following the decision but
without loss of seniority or pay, subject to the employee's duty to mitigate
damages.
SECTION 22 - DISMISSAL, SUSPENSION, TEMPORARY REDUCTION IN
PAY, AND DEMOTION
22.1 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.
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M. Misappropriation of County funds or property.
N. Unreasonable failure or refusal to undergo any physical, medical and/or
psychiatric exam and/or treatment authorized by this MOU.
O. Dishonesty or theft.
P. Excessive or unexcused absenteeism and/or tardiness.
Q. Sexual harassment, including but not limited to unwelcome sexual
advances, requests for sexual favors, and other verbal, or physical
conduct of a sexual nature, when such conduct has the purpose or effect
of affecting employment decisions concerning an individual, or
unreasonably interfering with an individual's work performance, or creating
an intimidating and hostile working environment.
22.2 Skelly Requirements. Before taking a disciplinary action to dismiss,
suspend for more than five (5) work days (four (4) work days for employees on a
4/10 work week), 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.
22.3 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.
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22.4 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.
22.5 Length of Suspension. Suspensions without pay shall not exceed thirty
(30) days unless ordered by an arbitrator, an adjustment board or the Merit
Board.
22.6 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 23 (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 23 (Grievance Procedure) of this MOU.
22.7 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.
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SECTION 23 - GRIEVANCE PROCEDURE
23.1 Definition and Procedural Steps. A grievance is any dispute that involves
the interpretation or application of any provision of this MOU excluding, however,
those provisions of this MOU which specifically provide that the decision of any
County official shall be final. The interpretation and application of those
provisions are not subject to the grievance procedure. An employee may appeal
disciplinary action to the Merit Board or through this grievance procedure. The
Association may represent the grievant at any state 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 who believes
that a provision of this MOU has been misinterpreted or misapplied to his or her
detriment must discuss the complaint with the grievant's immediate supervisor,
who must 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.
Step 2. If an issue is not satisfactorily resolved in Step 1 above, the Association
may submit the grievance, in writing, to the Department Head or designee. This
request must be filed no more than ten (10) work days after the date of the Step
1 response from the supervisor. The formal written grievance must state which
provision of the MOU has been misinterpreted or misapplied, how it was
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 on a grievance shall be filed with
the Director of Human Resources and the Association. The Department Head or
designee will have ten (10) work days in which to respond to the grievance in
writing, stating the reason(s) for the disposition of the grievance.
Step 3. If the grievance is not resolved at Step 2 above, the Association may
submit the grievance to the Human Resources Director within ten (10) work days
after the date of the Step 2 response. Within twenty (20) work days after receipt,
the Human Resources Director or designee must meet with the Association and
the Department 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.
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Both parties must be prepared and present the following information to the other
party in the course of the step 3 meeting:
1. The name of the grievant(s);
2. A statement of the relevant facts relating to each alleged breach;
3. The name of each known witness;
4. A copy of each relevant document;
5. The party’s position on the grievance and the specific MOU provision(s)
allegedly violated in each instance; and
6. The specific remedy or remedies sought.
Step 4. Pursuant to a formal written request from the Association or the County,
and with the agreement of both parties, a Board of Adjustment will be convened,
composed of two (2) representatives of each party to this Agreement, for the
purpose of deciding the grievance. The Board of Adjustment will meet for
consideration of the grievance referred to it within fifteen (15) work days after
receipt of a written request. The request of either party to extend the time limit
for convening of the Board of Adjustment, due to extenuating circumstances, will
not be unreasonably denied.
Step 5. In the event that the grievance is not resolved at Step 3 or 4, either party
may notify, in writing, the other party, within fifteen (15) work days of the date of
the Step 3 response or the Step 4 decision, of their desire to arbitrate the
grievance. The parties will mutually select an impartial arbitrator. If the Parties
are unable to agree upon the selection of an arbitrator, they may request one or
more panels of arbitrators from the California State Mediation and Conciliation
Service and attempt to select an arbitrator from that panel(s). Any fee(s) for the
provision of the panel(s) of arbitrators will be split equally between the parties.
The fees and expenses of the arbitrator and the court reporter (if any) will be
shared equally by the Association and the County. Each partywill bear the costs
of its own presentation, including preparation and post hearing briefs, if any.
23.2 Compensation Claims. The employer is not required to pay any wage
claim or portion thereof retroactively for a period of more than two (2) years
immediately prior to the date of the Employer’s receipt of written notice from the
Association of such claim.
23.3 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 5 above, the grievance will be deemed to have been settled and
withdrawn.
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23.4 Association Notification. An official, with whom a formal grievance is filed
by a grievant who is included in a unit represented by the Association, but is not
represented by the Association in the grievance, shall give the Association a
copy of the formal presentation.
23.5 Strike/Work Stoppage. During the term of this MOU, the Association, its
members and representatives, agree that it and they will not engage in,
authorize, sanction, or support any strike, slowdown, stoppage of work, 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.
23.6 Merit Board.
A. All Grievances of employees in representation units represented by the
Association shall be processed under Section 23 (Grievance Procedure)
unless the employee elects to apply to the Merit Board on matters within its
jurisdiction.
B. No action under Steps 3 and 4 of subsection 23.1 (Definition and
Procedures) above shall be taken if action on the complaint or grievance has
been taken by the Merit Board, or if the complaint or grievance is pending
before the Merit Board.
23.7 Filing by Association. The Association may file a grievance at Step 3 on
behalf of affected employees when action by the County Administrator or the
Board of Supervisors violates a provision of this MOU.
SECTION 24 - 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.
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SECTION 25 - RETIREMENT CONTRIBUTION
For County employees who are covered by this agreement and are safety
members of CCCERA, the retirement formula shall be “3 percent at 50”. The
cost of living adjustment (COLA) to the retirement allowance shall not exceed
three (3) percent per year. The employee’s final compensation shall be
calculated based on a twelve (12) month salary average. Each such employee
shall pay nine (9) percent of his or her retirement base to pay part of the
employer’s contribution for the cost of this retirement benefit.
SECTION 26 - TRAINING REIMBURSEMENT.
The County Administrative Bulletin on Training shall govern reimbursement for
training and shall limit reimbursement for career development training to seven
hundred fifty dollars ($750) per year, except as otherwise provided in the
supplemental sections of this MOU. Registration and tuition fees for career
development education may be reimbursed for up to fifty percent (50%) of the
employee’s net cost. Books necessary for courses taken for career development
education may be reimbursed for up to one hundred percent (100%) of the
employee’s net cost.
SECTION 27 - 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.
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SECTION 28 - PERFORMANCE EVALUATION PROCEDURE
The following evaluation procedures shall apply:
A. Goal: A basic goal of the employee evaluation is to help each employee
perform his/her job more effectively to the mutual benefit of the employee
and the County. The evaluation process provides an ongoing means of
evaluating an employee's job performance and promoting the
improvement of the job performance. The evaluation process also
provides the opportunity to recognize and document outstanding service
as well as service that has been unsatisfactory to the County.
B. Frequency of Evaluation.
1. Probationary employees shall be evaluated at least once during their
probationary period.
2. Permanent employees may be evaluated every year.
3. It is the policy of the Probation Department that all unit supervisors hold
personal evaluations and submit a written evaluation to all Deputy
Probation Officers whenever such officers are reassigned from their
units.
C. Procedure.
1. An employee shall generally be evaluated by the first level
management supervisor above the employee.
2. It will be necessary in some cases for a supervisor to consult with the
employee's immediate work director in order to make a comprehensive
evaluation.
3. Where feasible, evaluations will be based primarily on observation by
the evaluator of the employee in the performance of his/her duties.
Comments based on secondary information shall have supportive
documentation.
4. An employee will be informed in advance of a meeting with his/her
supervisor to discuss the employee's evaluation and to put the
evaluation in writing on the department evaluation forms.
5. The employee shall be informed of his/her right to prepare and have
attached to the evaluation form any written comments which the
employee wishes to make.
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6. When an employee is rated below satisfactory on any factor, the
evaluation will give the reasons for such rating and include specific
recommendations for improvement in writing.
7. The employee's signing of an evaluation form does not necessarily
mean that the employee agrees with the evaluation but it does mean
that the employee has had an opportunity to discuss the evaluation with
his/her evaluator.
8. The employee will be given a copy of his/her completed evaluation form
at the time form is signed by the employee. (Confirmation of final
version to be received later.)
9. Any rating below average or unsatisfactory shall be supported by
written documentation received by the employee at the time the
incident(s) occurred.
10. Nothing shall be added by management to an evaluation after the
employee has signed and received a copy of the evaluation without
the employee’s written acknowledgment. Failure to follow the
foregoing procedure is subject to the grievance procedure. However,
disputes over the actual content or ratings themselves in individual
evaluations are not grievable, but may be mediated by the Director of
Human Resources upon request of either the employee or the
Department. Prior to being mediated by the Director of Human
Resources either party may request fact finding to assist in the
resolution of the dispute. One (1) fact finder shall be selected by each
party to the dispute within ten (10) work days from the initial request for
fact finding. The fact finders shall have twenty (20) work days from
notice of selection to investigate and render opinions to the Director of
Human Resources.
SECTION 29 – VEHICLE COSTS
29.1 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.
29.2 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.
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SECTION 30 - 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 six (6)
month period immediately preceding discovery of the pay error. This provision
shall apply regardless of whether the error was made by the employee, the
appointing authority or designee, the Director of Human Resources or designee,
or the Auditor-Controller or designee. Recovery of fraudulently accrued over or
underpayments are excluded from this section for both parties. When the County
notifies an employee of an overpayment and proposed repayment schedule and
the employee wishes to meet with the County, a meeting will be held at which
time a repayment schedule 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 31 - 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 Probation Department verifies in writing that an
administrative or clerical error was made in failing to submit the documents
needed to promote an employee on the first of the month when eligible, said
appointment shall be made retroactive to the first of the month when eligible. An
employee who is denied a promotion to a flexibly staffed position may appeal
such denial to the Merit Board.
SECTION 32 - PROVISIONAL APPOINTMENT
Whenever an appointing authority makes a request for personnel to fill a position
in a class for which no reemployment or employment list is available, or in a class
for which no eligible or insufficient eligibles to complete the certification will
accept appointment to the position, the Director of Human Resources may
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authorize the appointing authority to appoint any person who possesses the
minimum qualifications for the class as set forth in the class specifications,
provided that the names of eligibles available and the names of persons who
have indicated the intention to take the next examination for the class shall be
referred to the appointing authority at the time authorization is issued. In no case
shall a permanent position be filled by a provisional appointment for a period
exceeding six (6) calendar months except under the following conditions:
A. If an examination has been announced for the class and recruitment of
applicants is in process, the Director of Human Resources may authorize
a continuation of provisional appointments until an eligible list is
established.
B. In case of a provisional appointment to a permanent position vacated by a
leave of absence, such provisional appointment may be continued for the
duration of said leave. A provisional appointment shall be terminated
within thirty (30) days after the date of certification of eligibles from an
appropriate eligible list. All decisions of the Director of Human Resources
relative to provisional appointments are final and not subject to the
grievance procedure. Before filling a position by a provisional
appointment, the appointing authority shall post notice and shall consider
current qualified employees for the appointment. Only if there are
insufficient internal applicants to constitute a full certification may the
appointing authority consider applicants from outside County service.
SECTION 33 - 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.
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The County shall provide an opportunity for the employee to respond in writing to
any information which is in the employee’s personnel file about which he or she
disagrees. Such response shall become a permanent part of the employee's
personnel record. The employee shall be responsible for providing the written
responses to be included as part of the employee's official personnel file. This
section does not apply to the records of an employee relating to the investigation
of a possible criminal offense, medical records and information or letters of
reference.
Counseling memos, which are not disciplinary in nature, are to be retained in the
file maintained by the employee's supervisor or the person who issued the
counseling memo and are not to be transferred to the employee's central file
which is normally retained by the Human Resources Department unless such
memos are subsequently used in conjunction with a disciplinary action such as a
letter of reprimand.
All documents pertaining to disciplinary actions shall be placed in the employee's
official personnel file within five (5) work days after the time management
becomes aware of the incident and has completed its investigation as to whether
the employee is culpable and shall be date stamped or dated at time of entry.
This section is not intended to include supervisor's notes or reminders of specific
incidents or ongoing reports such as attendance records. Generally, such
investigations should be completed within thirty (30) calendar days of the date
management becomes aware of the incident(s), it being understood that under
certain circumstances such as the unavailability of witnesses or the possibility of
a criminal act having been committed may cause the investigation to take longer
than the aforementioned thirty (30) days.
Copies of written reprimands or memoranda pertaining to an employee's
unsatisfactory performance which are to be placed in the employee's personnel
file shall be given to an employee who shall have the right to respond in writing to
said documents. Letters of reprimand are subject to the grievance procedure but
shall not be processed past Step 3 unless said letters are used in a subsequent
discharge, suspension or demotion of the employee, in which case an appeal of
the letters of reprimand may be considered at the same time as the appeal of the
disciplinary action. Prior to being submitted to Step 3 of the grievance
procedure, either party may request fact finding to assist in the resolution of the
dispute. One (1) fact finder shall be selected by each party to the dispute within
ten (10) work days from the initial request for fact finding. The fact finder shall
have twenty (20) work days from notice of selection to investigate and render
opinions to the Director of Human Resources.
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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.
The County will participate in a committee of four (4) Association and four (4)
operating department managers to revise and clarify MOU Section (33),
Personnel Files. Subject committee will be chaired by a non-voting chairperson
from the County Human Resources Department and will hold their first meeting
within ninety (90) days of approval of this MOU and will issue a report within one
hundred eighty (180) days of the date of the first meeting.
SECTION 34 - 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 35 – 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 36 - DETENTION FACILITY MEALS
The charge for a meal purchased in a detention facility by employees
represented by the Association is one dollar ($1.00) per meal. However, the
Department may modify this charge from time to time upon ten (10) days
advance written notice to the Association. Employees assigned to a detention
facility are not, however, required to pay for a meal while working.
SECTION 37 - 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.
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E. The loss or damage was not a result of negligence or lack of proper care
by the employee.
F. The personal property was necessarily worn or carried by the employee in
order to adequately fulfill the duties and requirements of the job.
G. The loss or damage to employee’s eyeglasses, dentures or other
prosthetic devices did not occur simultaneously with a job connected injury
covered by Workers' Compensation.
H. The amount of reimbursement shall be limited to the actual cost to repair
damages. Reimbursement for items damaged beyond repair shall be
limited to the actual value of the item at the time of loss or damage but not
more than the original cost.
I. The burden of proof of loss rests with the employee.
J. Claims for reimbursement must be processed in accordance with the
Administrative Bulletin on Compensation for Loss or Damage to Personal
Property.
SECTION 38 - 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 39 - HARASSMENT
Harassment is any treatment of an employee which 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. Such conduct includes but is not limited to
unwelcome sexual advances, requests for sexual favors, and other verbal, or
physical conduct of a sexual nature; arbitrary or capricious changes of
assignments, or display of a hostile attitude toward an employee by a supervisor
which is not justified or necessary in the proper supervision of the work of the
employee.
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SECTION 40 - LENGTH OF SERVICE DEFINITION (For Service Awards and
Vacation Accruals)
The length of service credits of each employee of the County shall date from the
beginning of the last period of continuous County employment (including
temporary, provisional, and permanent status, and absences on approved leave
of absence). When an employee separates from a permanent position in good
standing and within two (2) years is reemployed in a permanent County position,
or is reemployed in a permanent County position from a layoff list within the
period of layoff eligibility, service credits shall include all credits accumulated at
time of separation, but shall not include the period of separation. The Director of
Human Resources shall determine these matters based on the employee status
records in his department.
SECTION 41 - PERMANENT PART-TIME EMPLOYEES
41.1 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.
41.2 Hours. Permanent- Part-time employees who wish to have the hours of
their position increased, must so request in writing. These requests must be
received by the employee's department during the month of January and/or July
for the duration of this MOU. Departments reviewing these requests will evaluate
them within thirty (30) days of their receipt by considering the actual hours
assigned to and worked by the employee during the previous six (6) months and
the anticipated continuing need from their assignment on an increased basis.
Those requests which are approved by the department for an increase in hours
will be submitted for consideration by the County as a P300 request within an
additional sixty (60) days. Nothing contained herein shall conflict with
layoff/reemployment provisions.
SECTION 42 - PERMANENT-INTERMITTENT EMPLOYEES
42.1 Benefits. Permanent-intermittent employees are eligible for prorated
vacation and sick leave benefits.
42.2 Health Plan. A permanent-intermittent employee represented by Probation
Peace Officers Association of Contra Costa County may participate in the County
Group Health Plans if combined medical, dental and life insurance coverage is
wholly at the employee's expense but at the group insurance rate. The County
will not contribute to the employee's monthly premium. The employee will be
responsible for paying the monthly premium appropriately and punctually.
Failure to meet the premium deadline will mean automatic and immediate
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withdrawal from the County Group Health Plans and reinstatement may only be
effectuated during the annual open enrollment period.
42.3 Benefit Conditions. The following benefit program shall be offered to
permanent-intermittent employees:
A. Program. The County shall offer CCHP Plan A-2 at the subvention rate of
sixty-four percent (64%) of the cost of the premium for a single individual,
to those permanent-intermittent employees who meet and maintain
eligibility.
B. Eligibility. Initial eligibility shall be achieved when an employee has
worked three (3) continuous months of service at an average of fifty
percent (50%) time per month. In order to maintain eligibility, a
permanent-intermittent employee must remain in paid status during each
successive month.
C. Pre-Pay. Employees who have achieved eligibility under the terms of
subsection 42.3 (Benefits Conditions) paragraph B (Eligibility) will pre-pay
the employee’s portion of the premium cost so that the effective date of
enrollment begins effective the first of the month of eligibility. Employees
must continue to pre-pay their portion of the health insurance premium in
order to continue benefits. In addition, employees who meet the eligibility
requirements and who have been voluntarily paying for a county group
health program 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. Open Enrollment. Open Enrollment periods for permanent intermittent
employees shall be for thirty (30) days and coincide with the open
enrollment period for regular full-time County employees. Permanent-
intermittent employees who are not currently eligible, but who
subsequently meet the eligibility requirements, shall be notified of their
eligibility and shall have thirty (30) days to decide whether or not to elect
coverage under this program.
F. Self-Purchase Option. Employees who are temporarily ineligible may
purchase, at their own cost, the plan in accordance with the procedures
set forth by the Contra Costa County Health Plan. Nothing in subsection
42.2 (Health Plan) shall prevent an employee from electing health
coverage under either subsection 42.1 (Benefits) or Section 42.2 (Health
Plan).
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42.4 Hours. Permanent-Intermittent employees who wish to have the hours of
their position increased, must so request in writing. These requests must be
received by the employee's department during the month of January and/or July
for the duration of this MOU. Departments reviewing these requests will evaluate
them within thirty (30) days of their receipt by considering the actual hours
assigned to and worked by the employee during the previous six (6) months and
the anticipated continuing need from their assignment on an increased basis.
Those requests which are approved by the department for an increase in hours
will be submitted for consideration by the County as a P300 request within an
additional sixty (60) days. Nothing contained herein shall conflict with
layoff/reemployment provisions.
SECTION 43 - PROVISIONAL EMPLOYEE BENEFITS
Provisional employees, who are not permanent employees of the County
immediately prior to their provisional appointment, are eligible for vacation and
sick leave benefits. Provisional employees may participate in the County Group
Health Plan of combined medical, dental and life insurance coverage wholly at
the employee's expense but at the group insurance rate. The County will not
contribute to the employee's monthly premium. The employee will be
responsible for paying the monthly premium appropriately and punctually.
Failure to meet the premium deadline will mean automatic and immediate
withdrawal from the County Group Health Plan and reinstatement may only be
effectuated during the annual open enrollment period.
SECTION 44 – TEMPORARY EMPLOYEES
44.1 Temporary Employee Hours. Temporary employees may work a
maximum of 2080 hours within the Probation Department. Thereafter, that
temporary may not work in the Probation Department for one year as a
temporary. Nothing in this section shall preclude the Department from
terminating a temporary prior to the temporary reaching the maximum hours
allowable. This subsection 44.1 (Temporary Employee Hours) shall be
inapplicable to Probation Counselors. Nothing in this agreement precludes the
parties from meeting and conferring over future exceptions.
44.2 Meet and Confer. The County agrees to meet and confer with the
Association concerning the future use of represented temporary employees.
44.3 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.
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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
44.3 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 44.3
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.
E. Holiday Pay for Probation Counselors. Temporary employees in the
job classifications of Probation Counselor I, II or III who have completed
2080 hours of employment are eligible to receive time and one-half (1-
1/2) for working a holiday.
44.4. Health Benefits for Temporary Employees. The County shall offer the
following benefit program to temporary employees:
A. Program. The County shall offer CCHP Plan A-2 at the subvention rate of
fifty percent (50%) of the cost of the premium for a single individual, to
those temporary employees who meet and maintain eligibility.
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.
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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 for a County group health program 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 3. 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.
F. The County shall provide quarterly reports regarding temporary
employees which include the following information: employee name,
classification, department, mail drop I.D., and number of hours worked in
all classifications and departments on a calendar year-to-date basis.
44.5 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
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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.
44.6 Temporary Employee Grievances.
Temporary employees covered by this Memorandum of Understanding may
grieve only alleged violation of:
A. Section 1 (Recognition);
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 except subsection 44.2 (Meet and Confer).
44.7 Association 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 45 - 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.
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C. The Department head or his or her designee shall schedule each field
Probation Officer for a regular one hour or a one-half hour unpaid meal
period, taking into consideration the employee’s preference and operational
needs. The meal period shall be taken as near the middle of the employee’s
workday as is practicable in light of operational needs. If an employee
desires to change the scheduled meal period from one hour to one half hour
or from one-half hour to one hour, such change shall take effect only if
approved in advance by the Department Head or his or her designee. The
Department Head or his or her designee may initiate such a change on an
on-going basis when, in the Department’s judgment, such is needed for
operational reasons. The Department Head or his or her designee may also
temporarily alter the duration of the employee’s regularly scheduled meal
period, from one hour to one-half hour or from one-half hour to one hour, to
accommodate temporary operational needs (e.g. training, etc.).
SECTION 46 - 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 47 - SCOPE OF AGREEMENT AND SEPARABILITY OF
PROVISIONS
47.1 Scope of Agreement. Except as otherwise specifically provided herein,
this MOU fully and completely incorporates the understanding of the parties
hereto and constitutes the sole and entire agreement between the parties in any
and all matters subject to meet and confer. Neither party shall, during the term of
this MOU demand any change herein, provided that nothing herein shall prohibit
the parties from changing the terms of this MOU by mutual agreement. 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.
47.2 Separability of Provisions. Should any section, clause or provision of this
MOU be declared illegal, unlawful or unenforceable, by final judgment of a court
of competent jurisdiction, such invalidation of such section, clause or provision
shall not invalidate the remaining portions hereof, and such remaining portions
shall remain in full force and effect for the duration of this MOU.
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47.3 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.
47.4 Duration of Memorandum of Understanding. Except for provisions, if
any, expressly made retroactive, this Memorandum of Understanding shall
continue in full force and effect from the date it is signed by both parties following
ratification by their respective principals to and including June 30, 2011. Said
Memorandum of Understanding shall automatically renew from year to year
thereafter unless either party gives written notice to the other within the period of
sixty (60) to ninety (90) days before the termination date of its intention to amend,
modify or terminate the Memorandum of Understanding.
SECTION 48 - FAIR LABOR STANDARDS ACT PROVISIONS
The Fair Labor Standards Act, as amended, may govern certain terms and
conditions of the employment of employees covered by this MOU. It is
anticipated that compliance with the Act may require changes in some of the
County policies and practices currently in effect or agreed upon. If it is
determined by the County that certain working conditions, including but not
limited to work schedules, hours of work, method of computing overtime,
overtime pay and compensatory time off entitlements or use, must be changed to
conform with the Fair Labor Standards Act, such terms and conditions of
employment shall not be controlled by this MOU but shall be subject to
modification by the County to conform to the federal law, without further meeting
and conferring. The County shall notify Association and meet and confer with the
Association regarding the implementation of such modifications.
SECTION 49 – SAFETY IN THE WORKPLACE
49.1 Safety and Efficient Operations. 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.
49.2 Juvenile Hall Standing Counselor Safety Committee. The Juvenile Hall
shall have a standing Counselor Safety Committee (“CSC”) to address all issues
related to Counselor safety, including the issuance of defensive tools. The CSC
shall be empowered to make recommendations related to Probation Counselor
safety directly to the Deputy Chief Probation Officer, the Institutional
Superintendent, or the Department-wide safety committee as the CSC deems
appropriate.
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49.3 Composition of CSC. The “CSC” shall consist of the Superintendent of the
Juvenile Hall (or his or her designee), one (1) line/unit Supervisor on staff at
Juvenile Hall (selected by Local 512), three Probation Counselor representatives
(appointed by the Association), one (1) Juvenile clerical representative
(appointed by Local 2700), one (1) service staff member (appointed by Local
one), one representative of the Institutional Service Workers, janitors and cooks
(appointed by Local one) and the Juvenile Hall Supply and Distribution
Supervisor. Other members may include one (1) representative of the Juvenile
Hall Medical Department, one representative of the Juvenile Hall School
Department, and a representative of the County’s Risk Management Office to be
invited to sit as needed as a non-decision making consultant.
49.4 CSC Deliberation Not Bargaining. The discussions and deliberations of
the CSC shall not be construed as meeting the requirements to meet and confer
regarding any matter related to wages, hours, or working conditions.
49.5 Participation By Other Unions. The Parties recognize that the
participation in the CSC by Local 1, Local 512, or Local 2700 under the terms
described above is conditioned on their independent agreement to do so. If
either declines to do so the CSC shall carry forward without such participation.
49.6 Representation on Probation Department Safety Committee. The
Parties recognize that the Probation Department maintains a department-wide
safety committee on which three volunteer Probation Officers solicited by the
Department have served along with other Committee members. On the first
January 1 after this MOU is signed by the Parties, the volunteer Probation Officer
positions on the Committee will be deemed vacant. The Association shall
promptly appoint three (3) Probation Officers, one from each Field Services
facility, to serve on the Committee and ensure that matters affecting each facility
are addressed. The term of each Association appointee shall continue through
the ensuing December 31. If the employee resigns from the Committee, moves
to a different facility thereby vacating the appointment, or otherwise vacates the
appointment before December 31, the Association shall promptly appoint a
replacement(s) from the facility from which the vacating employee was
appointed. The Association may replace any of its appointees to the Committee
effective the next January 1 but is not required to do so.
SECTION 50 - MISCELLANEOUS PROVISIONS
A. Department Advisory Committee. The Department-Wide Probation Services
Advisory Committee shall continue during the term of this MOU.
B. Subcommittees. The Probation Department has established separate
subcommittees of the Probation Services Advisory Committee for each major
juvenile institution and treatment facility. Representation on each such
committee consists of two (2) Probation Counselors selected by the
Association together with the manager of the facility. The subcommittee shall
meet quarterly at a mutually agreeable time and place, discuss and resolve
Page 100 of 115
issues of mutual concern. The subcommittee may refer some problems to
the department-wide committee for resolution.
C. Wellness Incentive Program. A broad-based pilot Wellness Incentive
Program will be developed with input from the joint Labor/Management
Wellness Committee. The purpose of this program will be to reward County
employees with incentives for participating in Wellness Program activities and
encourage them to live healthier lifestyles. The Wellness Committee will
work closely with the Human Resources Department on program design and
implementation.
Program Design. The Wellness Incentive Program design will include the
development of additional wellness activities to compliment the current
Employee Wellness Program schedule and collaboration with health plan
carriers to develop special programs and activities for County employees and
to encourage participation in their established wellness activities. Special
emphasis will be placed on supporting major programs such as: Smoking
Cessation, Nutrition/Weight Loss, Brown Bag Seminars, Health Screenings
and Health Fairs.
Format. A point value system for program participation will be developed
wherein each wellness activity and program will be assigned a point value.
Points will accumulate and incentive prizes will be awarded to employees
upon realizing certain point levels. The value of the prizes will increase with
higher point values and one (1) grand prize will be awarded each year to the
employee with the highest number of points.
Incentives. A series of incentive prizes will be assigned to certain point
values. In addition, recognition for employee and department participation
will be an important aspect of the Wellness Incentive Program.
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Referral. The parties agree to refer the contents of this proposal to the
Wellness Committee for its consideration.
Date:
Contra Costa County: PPOACCC:
(Signature / Printed Name) (Signature / Printed Name)
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ATTACHMENT A
CONTRA COSTA COUNTY RETURN TO WORK POLICY
FOR INDUSTRIAL INJURY OR ILLNESS
I. POLICY: Permanent employees who have suffered industrial injuries and
illnesses may be provided with such restricted duty as the County is able to
provide as soon as medically appropriate.
A. Covered employees must have an accepted Workers' Compensation
claim. Probationary employees, project, contracted, seasonal, agency
temp, temporary, and employees working less than 20 hours a week are
not covered by this policy.
B. A restricted duty assignment may be provided within the County's
capacity, consistent with restriction(s) recommended by the treating
physician. Should any disagreement exist, the County will follow
California State law. Restrictions from the physician must be in
writing on the county form AK 142 or on the physician's letterhead.
C. Employees performing in a restricted duty assignment will continue to
receive their regular pay and benefits for hours actually worked. Pay and
benefits will be prorated in the case of part-time work, subject to MOU
provisions and salary regulations.
D. Current department practices and applicable state and federal laws
regarding return to work procedures and restricted duty for certain
employees who are exempt from this policy (i.e., non-industrial illnesses
or injuries and probationary employees), will continue and are not subject
to this policy.
II. OBJECTIVE: The objectives of providing work for temporarily industrially
injured employees through restricted duty are to reduce disability and
Workers' Compensation costs, maximize productivity, minimize the loss of
human resources and promote full and prompt recovery with the return of
the employee to productive employment.
III. SCOPE OF POLICY: All departments and Board-governed agencies which
are part of the County retirement system (excluding the Contra Costa
County Fire Protection District and East Contra Costa Fire Protection
District safety employees, Sheriffs Office and D.A. Investigators safety
employees, Housing Authority, and In-Home Supportive Service
providers) are subject to this Return to Work Policy.
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IV. GENERAL BACKGROUND: A restricted duty assignment is a temporary
assignment provided to a temporarily industrially disabled employee.
Restricted duty may be for less than regular full-time work, but no less than
four (4) hours per day.
A. A temporarily industrially disabled employee with an accepted Workers'
Compensation claim shall return to a restricted duty assignment that is
not inconsistent with restrictions recommended by the employee's treating
physician or Qualified Medical Examiner (QME), if applicable.
B. B. A Department shall, whenever feasible, temporarily restrict the duties
of an employee in order to conform to restrictions recommended by the
treating physician for a cumulative maximum of six months per injury with
a review after three (3) months or sooner, if appropriate. At the end of
the six month period, the employee shall undergo a medical review to
determine whether a full duty work the employee shall be to the Risk
Management ADA Coordinator and/or the Return to Work Committee for
evaluation.
C. If an employee disagrees with the Department Head's decision
concerning a light duty assignment, he/she may appeal that decision to
the Risk Manager within 15 calendar days. The subject of the appeal
shall be heard at the next regularly scheduled Return to Work
Committee. The Return to Work Committee may affirm, reject or
modify the Department Head's decision. The following factors shall
be considered by the Return to Work Committee when considering an
appeal:
1. The restrictions recommended by the employee's treating physician
or QME, if applicable;
2. The operational and financial needs of the department; and
3. The availability of a suitable work assignment.
Either party may appeal the Committee's decision in writing to the Director
of Human Resources or his/her designee within 15 calendar days of
the Committee's decision.
V. RESPONSIBILITIES:
A. Departments
The principle responsibility for implementing the Return to Work Policy
rests with the appointing authority. Departments will also:
Page 104 of 115
1. Complete and submit an injury report for industrial injuries and
illnesses on a timely basis.
2. Appoint a Department Return to Work Coordinator to administer the
department’s compliance with the Return to Work Policy under the
direction of the department head. The Department Return to Work
Coordinator shall review restricted duty assignments and make
recommendations to the department head regarding adjusting,
extending or terminating the restricted duty in accordance with the
operational and financial needs of the department and consistent with
the employee’s medical restrictions. The Department Return to Work
Coordinator will document and monitor all limited duty assignments.
They will also maintain a centralized record of all assignments.
3. Inform department employees of the Return to Work Policy.
4. Implement restricted duty assignments for temporarily industrially
disabled employees as soon as medically appropriate, operationally
feasible, and when a suitable assignment is available.
5. Coordinate with Risk Management regarding an individual
employee's restricted duty assignment.
6. The Risk Management Department shall provide the Health Coalition
quarterly reports of the number of requests for ergonomic evaluations,
the number performed, and the actions taken based on those reports.
The County shall meet with the Health Coalition upon the Coalition’s
request to review such reports and to discuss ergonomic issues.
B. Employee
A temporarily industrially disabled employee shall:
1. Notify the department of an industrial injury or illness in accordance
with Workers' Compensation regulations.
2. Seek prompt medical care through the County’s Occupational Medical
Program or through a properly pre-designated physician in accordance
with the law. The employee shall obtain needed medical information
from the physician and provide the information to the County.
(Physician's Statement of Ability to Work, AK142, see attachment 1).
Page 105 of 115
3. Accept an appropriate available restricted duty assignment within
or outside the employee's department if one is offered. A restricted
duty assignment must be consistent with limitations recommended by
the employee's treating physician or QME, if applicable, and must be
approved by the Department Return to Work Coordinator. If an
employee is assigned to a restricted duty assignment outside of their
department, a supervisor in the department providing the restricted
duty assignment shall supervise the employee. The employee’s home
department is required to pay the employee’s regular salary.
4. A department head has the authority to temporarily restrict the
duties of an employee in accordance with this policy.
5. Failure of an employee to accept an offer of a medically
appropriate restricted duty assignment will result in the denial of
temporary disability benefits pursuant to Workers' Compensation
law.
C. County Return to Work Coordinators
The County Return to Work Coordinators shall:
1. Work at the direction of the Risk Manager.
2. Assist departments in identifying and developing suitable restricted
duty assignments.
3. Assist departments in resolving questions regarding work
restrictions and restricted duty placements.
4. Provide, as necessary, counseling and other services to employees
placed on restricted duty.
5. Assist in finding restricted duty assignments outside of the home
department, if the home department cannot provide restricted duty.
The home department will provide the salary of the employee.
6. Coordinate the appeal process for employees regarding restricted
duty.
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D. Return to Work Committee
The Return to Work Committee shall hear appeals under the Appeal
Procedures as described in Section IV (C}-General Background
above, and make recommendations to the department. In the event a
department does not grant a restricted duty assignment requested by
an employee or a requested extension of an existing restricted duty
assignment, the employee may appeal to the Return to Work Committee.
The Committee shall hear the appeal and make' a recommendation to
the department head.
E. Risk Manager
The County Risk Manager shall:
Oversee the administration of this policy and provide ongoing education work
department heads, managers, and departmental return to coordinators
concerning this policy.
VI. DEFINITIONS:
A. Restricted Duty: A temporary work assignment provided to a temporary
industrially disabled employee who cannot perform her/his regular job
duties for a specific period of time. The temporary assignment is provided
while an individual is recuperating from an industrial injury or illness. An
employee will be assigned to restricted duty within their primary
department whenever possible. In no assignment can be located within
the employee’s primary department, the County will make reasonable
effort to locate a comparable position in another department. Restricted
duty is only available to a person who is expected to return to her or his
regular job duties. If an employee is on a discretionary 9/80 or 4/10 work
schedule and is returning to restricted duty assignment on a part-time
basis, the 9/80 or 4/10 work schedule shall be revoked. Pay for restricted
duty shall be the same salary and benefits of the employee’s regular
position, provided however, that shift and other pay differentials will only
be paid for the first thirty (30) days of the restricted duty unless the
employee qualifies for pay differentials.
B. County: For the purpose of this policy the term "County" includes Contra
Costa County and agencies governed by the Board of Supervisors, which
are part of the County's retirement system, excluding Contra Costa
County Fire Protection District and East Contra Costa Fire Protection
Districts, Sheriff's Office and D.A. Investigators' safety employees
Housing Authority, and In-Home Supportive Service providers.
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C. Departmental Return to Work Coordinator: The individual appointed by
the department head to administer the County’s Return to Work policy.
The person appointed by the department must have some knowledge of
personnel rules and regulations, Memoranda of Understanding and
disability benefits that an employee may be entitled to receive, i.e., SDI,
LTD, FMLA, retirement.
D. Employee's Treating Physician: The treating physician or Qualified
Medical Examiner (QME) as defined by California Workers'
Compensation laws. Treatment shall be reasonably required and
consistent with Workers' Compensation guidelines and existing State law.
E. Return to Work Committee: The Committee shall be composed of a pool
twelve (12) members consisting of six (6) County employee members
appointed by the County Administrator and six (6) County employees
appointed from the three (3) largest employee organizations in the Labor
Coalition. Each member of the committee must commit to attending at
least two committee meetings each year. Two members appointed by
the County Administrator and two members appointed by the
employee organizations must be present in order to constitute a
quorum.
F. Risk Manager The person designated by the County Administrator to
serve as Risk Manager.
G. County Return to Work Coordinators: The person designated by the
County Risk Manager to serve as an Employee Return to Work
Coordinator who shall perform the duties set forth in V(C).
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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, HealthNet HMO
& EPO, HealthNet PPO, Delta and PMI Delta Care Dental.
Co-Pays
The co-pays are as follows:
CCHP A: No change
CCHP B: No change
KAISER: $10 Office Visit
$10 Generic RX
$20 Brand RX
$10 Emergency Room
HEALTHNET HMO & EPO: $10 Office Visit
$10 Generic RX
$20 Formulary RX
$35 Non-Formulary RX
$25 Emergency Room
HEALTHNET PPO: $10 Preventative Care O/V
$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.
For the Delta Dental program, Annual Maximum for Calendar Year 2009 is one
thousand six hundred dollars ($1,600).
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For the Delta Dental program, Annual Maximum beginning Calendar year 2011 is
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 the calendar year 2009, the County shall provide the health and dental plan
subsidies as follows:
HEALTH PLAN SUBSIDY:
CCHP A: 98%
CCHP B: 90%
KAISER: 80%
HEALTHNET HMO/EPO: 80%
HEALTHNET PPO: 58.05%
The County and employees will equally share
any premium increases.
DENTAL PLAN SUBSIDY:
Delta Dental/CCHP A/B 98%
PMI Dental Care/ CCHP A/B 98%
Delta Dental 78%
PMI Delta Dental 78%
Dental Only County pays all but $.01
For County subsidy in subsequent years, see Section 17 - Health, Life and
Dental Care of this MOU.
Page 110 of 115
ATTACHMENT C
AGREED UPON TEMPORARY ABSENCES (ATA) IMPLEMENTATION
I. AGREED UPON TEMPORARY ABSENCES (ATA) IMPLEMENTATION
In order to address the County’s current financial crisis, the parties agree
as follows:
A. The County will set up an ATA plan for each permanent employee.
Each permanent, full time employee will receive ninety-six (96)
hours of ATA on his/her December 10, 2010 paycheck. Permanent
part time employees will receive prorated ATA hours. Employees
hired after December 1, 2010 will also receive prorated ATA hours.
B. For any employee who is off work due to illness, family illness, or
any other reason that qualifies for sick leave, the employee may not
use his/her sick leave accruals but must instead use ATA hours, up
to a maximum of forty-eight (48) hours.
C. Employees must use all of their ATA hours by June 30, 2011. The
use of ATA hours must be pre-scheduled and no employee may
use ATA hours without the prior approval of his/her supervisor.
D. ATA hours are non-accruable and all unused balances will be
zeroed out on June 30, 2011.
Implementation of ATA is governed by Attachment C, attached
hereto.
The ATA implementation is equivalent to an 6.93% reduction in
wages for the period of November 1, 2010 through June 30, 2011.
Page 111 of 115
II. PAYROLL DEDUCTION IMPLEMENTATION
A. FY 2010-11: Beginning on December 8, 2010, each employee is
required to take ninety-six (96) hours of mandatory unpaid time off
(prorated for part time employees) by June 30, 2011. This
mandatory unpaid time off will be calculated and deducted from
each employee’s pay as follows:
The County will calculate the base hourly rate for each employee
based on the employee’s salary on November 1, 2010. That base
hourly rate will be multiplied by ninety-six (96) hours (prorated for
part-time employees). The product of that calculation will be
divided by eight (8) months and that dollar amount will be deducted
from each employee’s paycheck on the 10th of each month for eight
(8) consecutive months, beginning on December 10, 2010.
B. The deduction amount will change if an employee’s hourly rate
increases or decreases due to a promotion or demotion within the
fiscal year, as defined in the MOU, or, in the event no MOU
language exists, the Personnel Management Regulations.
Example: Full Time employee is demoted on 2/01/11.
12-1-10
a) Yrly Sal 68,548.428
b) Mthly Sal 5,712.369 = a) /12
c) Hrly Rate 32.955975 = b) /173.33333
Deduction Amt. = (Hourly Rate * 96 hours) /8
2-1-11 (Employee is Demoted)
d) Yrly Sal 65,284.217 = a) /1.05
e) Mthly Sal 5,440.351 = d) /12
f) Hrly Rate 31.3866428 = e) /173.33333
Mthly Sal Mthly Ded Gross Pay
Nov 5712.37 (395.47) 5316.90
Dec 5712.37 (395.47) 5316.90
Jan 5712.37 (395.47) 5316.90
Feb 5440.35 (376.64) 5063.71
Mar 5440.35 (376.64) 5063.71
Apr 5440.35 (376.64) 5063.71
May 5440.35 (376.64) 5063.71
Jun 5440.35 (376.64) 5063.71
Page 112 of 115
For employees hired between December 1, 2010 and June 30, 2011 the
County will use the employee's base hourly rate upon appointment to a
permanent position. The base hourly rate will be multiplied by the
required ATA hours, as listed in the chart below, prorated for part-time
employees. The product of that calculation will be divided by the number
of months remaining in the fiscal year and the dollar amount will be
deducted from the employee's paycheck on the 10th payroll of each
month.
2010 – 2011
Month
Hired
ATA
Hours
Formula for
Monthly Pay Deduction
December 96.00 (hrly Rate X 96.00 hours)/7)
January 82.30 (hrly Rate X 82.30 hours )/6)
February 68.60 (hrly Rate X 68.60 hours)/5)
March 54.90 (hrly Rate X 54.90 hours)/4)
April 41.20 (hrly Rate X 41.20 hours)/3)
May 27.50 (hrly Rate X 27.50 hours)/2)
June 0
IV. SEPARATION
A. If an employee separates between December 1, 2010 and June 30,
2011, the Office of the Auditor-Controller will manually process an ATA
adjustment.
The total dollar value of actual ATA hours taken will be compared to the
total amount of actual pay deductions (employee’s hourly rate at time of
separation X the number of ATA hours actually used = total dollar value
of actual ATA hours taken). This may result either in a refund or a
deduction on the employee’s final paycheck.
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Example: Employee separates on March 1, 2011
Hrly Rate $32.50
Accrued 96 ATA 12-1-10
Used 16 ATA Hours (Value is $520.00)
Pay deductions were $1,170.00 ($390.00 X 3 months)
County would owe employee $650.00
Hrly Rate $32.50
Accrued 96 ATA 12-1-10
Used 48 ATA Hours (Value is $1,560.00)
Pay deductions were $1,170.00 ($390.00 X 3 months)
Employee owes the County $390.00
V. ADDITIONAL IMPLEMENTATION ISSUES
A. Employees who transfer, promote, or demote into positions
represented by Local 21, by Coalition Unions, or are in
unrepresented management positions, will remain on the ATA Plan
in place for that employee at the time of
transfer/promotion/demotion. Deduction adjustments will be made
prospectively for salary changes resulting from said
transfers/promotions/demotions.
B. Use of Accruals: Paid leave, such as vacation leave, sick leave,
etc. may not be used in lieu of any ATA hour.
C. Shift differentials will be paid for ATA days in the same manner as
vacation.
D. ATA will not be considered “time worked” for purposes of
determining eligibility for overtime.
E. For those employees who have an outstanding ATA deduction
balance on July 1, 2011, the County will deduct the outstanding
balance (money) from the employee’s next regular 10th of the
month paycheck, and each of the following 10th of the month
paychecks, until the outstanding balance is paid in full.
F. There is no reduction in the average number of days ordinarily
worked during the life of this agreement as a result of ATA.
G. The base pay for each represented classification will not change as
a result of ATA during fiscal year 2010/11.
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H. The parties have been informed by the Contra Costa County
Employees’ Retirement Association that retirement service credits
will not be affected by ATA.
I. The reporting of gross base pay to the retirement system will be
consistent with the County’s payroll records.
J. There will be no loss of accruals as a result of ATA.
K. Pre-scheduling of agreed upon temporary absences hours:
Requests to use ATA hours will be considered in the same manner
as requests for vacation.
L. ATA Reconciliation: On March 1, 2011, each Department will
review the number of ATA hours used in each fiscal year and will
notify by April 1st any employee who has not used or scheduled all
of his/her ATA hours. The employee and his/her department will
pre-schedule the remaining hours in accordance with Section V (J).
Any dispute regarding the scheduling of ATA hours after March 1,
2011, may become the subject of a grievance. Requests for ATA
time off may not be unreasonably denied.
M. ATA Issues for Employees on Leaves of Absence. This section
only applies to employees who are on approved Leaves of Absence
(LOA), both paid and unpaid, of any duration, during the period of
July 1, 2010 through and including June 30, 2011. Hereafter, these
employees are called “employees on LOA”.
1. When an employee is placed on a LOA, the County will stop
ATA (Agreed-Upon Temporary Absences) deductions from
the employee’s pay until the employee returns to work in
active status.
2. Employees on LOA may not use ATA hours until they return
to work in active status.
3. After an employee on LOA returns to work in active status,
the County will review the employee’s pay records to
determine both (1) the number of ATA hours remaining for
the employee to use and (2) the amount of pay that needs to
be deducted for those ATA hours. The County will notify, in
writing, each employee of those calculations. The employee
will have no more than ten (10) calendar days from the date
of the notice to contest one or both of those calculations.
The employee may dispute those calculation(s) by
contacting his or her departmental payroll clerk. The
departmental payroll clerk will work with the Auditor’s Office
to resolve.
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4. After the calculation(s) is/are resolved after a dispute, or ten
(10) days after the mailing of the notice to the employee if
there is no dispute, the numbers agreed upon by the parties
or calculated by the County, respectively, will be posted to
the employee’s next 10th of the month paycheck.