HomeMy WebLinkAboutMINUTES - 09132011 - SD.4RECOMMENDATION(S):
Adopt Resolution No. 2011/352 approving the Memorandum of Understanding and the Side
Letter regarding the Limited ReOpener (Attachment 5) between Contra Costa County and
the Professional & Technical Engineers Local 21, AFL-CIO, implementing negotiated wage
agreements and other economic terms and conditions of employment beginning July 1, 2011
through June 30, 2012.
FISCAL IMPACT:
The terms and conditions set forth in this action are estimated to achieve a structural annual
savings of $5.1 million. Of the $5.1 million, $2.9 million is the savings associated with the
2.75% reduction in salary and $2.2 million from the elimination of the Employer subvention
of Employee pension costs.
Savings in the first fiscal year are anticipated to be $3.4 million (9 months). Additional
savings will be achieved in FY 2012/13 when the new pension tier is in place. The savings
from the new pension tier will be significant over time.
The savings from this agreement are in addition to those for unrepresented management set
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 09/13/2011 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Gayle B. Uilkema, District II Supervisor
Mary N. Piepho, District III Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor
Contact: Lisa Driscoll, County
Finance Director (925) 335-1023
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: September 13, 2011
David Twa, County Administrator and Clerk of the Board of
Supervisors
By: June McHuen, Deputy
cc: Ted Cwiek, Human Resources Director
SD. 4
To:Board of Supervisors
From:David Twa, County Administrator
Date:September 13, 2011
Contra
Costa
County
Subject:Memorandum of Understanding with Professional & Technical Engineers Local 21, AFL-CIO
FISCAL IMPACT: (CONT'D)
forth in the Salary Resolution and Compensation and Benefit Resolutions numbered
2011/353, 2011/354, 2011/355, and 2011/356 on this agenda, which are estimated to
achieve a structural annual savings of $2.6 million. Of the $2.6 million, $1.5 million is
the savings associated with the reduction in salary and $1.1 million from the elimination
of the Employer subvention of Employee pension costs.
The total estimated annual savings from these actions is $7.7 million ($5.1 in the current
fiscal year). These savings will help to alleviate the fiscal impact caused by reductions in
property values and the related decline in property tax revenues and the on-going
structural deficit in the County’s budget.
BACKGROUND:
The Professional & Technical Engineers, Local 21, AFL-CIO (Local 21) began
bargaining with Contra Costa County in March, 2011. A Tentative Agreement was
reached between the County and Local 21 and ratified on August 24, 2011. The resulting
Memorandum of Understanding (MOU) and Side Letter, which are attached, include
modifications to wages, retirement, health care, and other benefit changes. In summary,
those changes are:
General Wages - Section 5.1
Effective October 1, 2011, the salary of all classifications represented by Local
21 will be reduced by 2.75%.
Retirement/Contribution - Section 21.1
Effective October 1, 2011, employees are responsible for one hundred percent
(100%) of the employees’ basic retirement benefits contribution as determined
annually by the Board of Retirement of the Contra Costa County Employees’
Retirement Association (CCCERA).
Retirement/Tier IV Retirement Plan - Section 21.2
For employees hired after December 31, 2012, the new retirement formula will
be two percent at sixty years of age (2% at 60). The cost of living adjustment
will not exceed two percent (2%) per year and will not be banked. The
employee’s final compensation will be based on his/her average annual
compensation earnable during a consecutive thirty-six (36) month period. The
employee’s retirement will not exceed ninety percent (90%) of his/her final
compensation. The County will seek enabling legislation and the Union has
agreed to support this effort.
Health, Dental and Related Benefits - Section 12
The County will offer new lower cost health plans for Kaiser, Health Net
HMO, and Healthnet PPO, contingent upon participation by other represented
bargaining units.
Language in regard to dependents has been updated to reflect current federal
healthcare laws.
Vacation Buy Back - Section 41.10
Employees promoted or hired by the County into any classification represented
by Local 21 on and after October 1, 2011, are not eligible for the Vacation Buy
Back program. However, employees who were previously eligible for the
Vacation Buy Back benefit prior to promoting into a classification represented
by Local 21 will retain that benefit after promoting into a classification
represented by Local 21.
Annual Management Administrative Leave - Section 41.5
Annual management administrative leave will increase from 70 to 94 hours
effective January 1, 2012.
Special Benefits for Management Employees by Department or Class/Compaction -
Section 42.27
If the difference between the top salary steps for the Public Health Nurse
Program Manager and the Public Health Nurse is 2.5% or less, the County will
adjust all steps in the Public Health Nurse Program Manager class in order to
achieve a difference of 2.5% at the top step.
Other compaction issues may be addressed at the Labor/Management
Committee at the request of either party.
Labor Management Committee/On-Call/Call-Back - Section 4.5
Issues in regard to on-call/call-back pay will be included on the agenda for
meetings of the Labor/Management Committee at the request of either party.
The parties have also agreed to enter into a limited Side Letter that provides a reopener in
the event the modifications to Health, Dental and Retirement benefits as submitted are
different in any MOU’s entered into by the County and the Coalition Unions for the
period of October 1, 2011 until June 30, 2012.
The Tentative Agreement is for status quo on other benefits not addressed.
CONSEQUENCE OF NEGATIVE ACTION:
The County will not realize the savings associated with this action.
CHILDREN'S IMPACT STATEMENT:
None.
ATTACHMENTS
Resolution No. 2011/352
Memorandum of Understanding
Appendix A
Appendix B
Appendix C
Appendix D
Attachments 1-5
DEFINITIONS
IFPTE, Local 21 1 of 96 2010-2011
MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND
PROFESSIONAL & TECHNICAL ENGINEERS, LOCAL 21, AFL-CIO
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 Employee Relations Officer (County Administrator) is the representative of
Contra Costa County in employer-employee relations matters as provided in
Board of Supervisors' Resolution 81/1165.
The parties have met and conferred in good faith regarding wages, hours and
other terms and conditions of employment for the employees in units in which the
Union is the recognized representative, have freely exchanged information,
opinions and proposals and have endeavored to reach agreement on all matters
relating to the employment conditions and employer-employee relations covering
such employees.
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 July 1, 2011 and ending June 30, 2012.
DEFINITIONS
IFPTE, Local 21 2 of 96 2011-2012
DEFINITIONS
Appointing Authority: The Department Head unless otherwise provided by
statute or ordinance.
Class: A group of positions sufficiently similar with respect to the duties and
responsibilities that similar selection procedures and qualifications may apply and
that the same descriptive title may be used to designate each position allocated
to the group.
Class Title: The designation given to a class, to each position allocated to the
class, and to the employees allocated to the class.
County: Contra Costa County.
Demotion: Demotion is the reduction of an employee to another position in a
class having a lower salary allocation than the class previously occupied by the
employee or to a lower compensation level within the employee’s salary range.
Director of Human Resources: The person designated by the County
Administrator to serve as the Assistant County Administrator-Director of Human
Resources.
Eligible: Any person whose name is on an employment, reemployment, or layoff
list for a given class.
Employee: A person who is an incumbent of a position or who is on leave of
absence in accordance with provisions and whose position is held pending his
return.
Employment List: A list of names of persons who have been found qualified for
employment in a specific class.
Higher Pay-Higher Class: When an employee in a permanent position is
required to work in a higher paid classification, the employee shall receive the
higher compensation for such work, pursuant to Section 4.1 on salary on
promotion, plus any differentials and incentives the employee would have
received in their regular position. Unless the Board has by resolution otherwise
specified, the higher pay shall begin on the twenty-first calendar day of the new
assignment. The County Administrator shall issue regulations specifying policy
and procedures to implement this provision and shall, on request of appointing
authorities, make required determinations pursuant to it.
Layoff List: A list of persons who have occupied positions allocated to a class in
the Merit system and who have involuntarily separated by layoff, displacement,
or demoted by displacement, or have voluntarily demoted in lieu of layoff or
displacement, or have voluntarily transferred in lieu of layoff or displacement.
DEFINITIONS
IFPTE, Local 21 3 of 96 2011-2012
Permanent-Intermittent Position: Any position which requires the services of
an incumbent for an indefinite period but on an intermittent basis, as needed,
paid on an hourly basis.
Permanent Part-Time Position: Any position which will require the services of
an incumbent for an indefinite period but on a regularly scheduled less than full
time basis.
Permanent Position: Any position which has required, or which will require the
services of an incumbent without interruption, for an indefinite period.
Position: The assigned duties and responsibilities calling for the regular full
time, part-time or intermittent employment of a person.
Project Employee: An employee who is engaged in a time limited program or
service by reason of limited or restricted funding. Such positions are typically
funded from outside sources but may be funded from County revenues.
Promotion: The change of a permanent employee to another position in a class
allocated to a salary range for which the top step is higher than the top step of
the class which the employee formerly occupied except as otherwise provided for
in the Personnel Management Regulations or in ordinances or resolutions
governing deep classifications.
Reallocation: The act of reassigning an individual position from one class to
another class at the same range of the salary schedule, or to a class which is
allocated to another range that is within five (5) percent of the top step except as
otherwise provided for in the Personnel Management Regulations or in
ordinances or resolutions.
Reclassification: The act of reassignment or change in 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 nature, difficulty, or responsibility of duties performed in
the position.
Reemployment List: A list of persons who have occupied positions allocated to
a class who have voluntarily separated and are qualified for consideration for
reappointment under the Personnel Management Regulations governing
reemployment.
Resignation: The voluntary termination of permanent employment with the
County.
Temporary Employment: Employment which will require the services of an
incumbent for a limited period of time, paid on an hourly basis, not in an allocated
position or in permanent status.
SECTION 1 - ORGANIZATION RECOGNITION
IFPTE, Local 21 4 of 96 2011-2012
Transfer: The change of an employee to another position in the same class in a
different department, or to another position in a class which is allocated to a
salary schedule the top step of which is within five (5) percent of the top step of
the class previously occupied in the same or different department or as otherwise
defined in deep class ordinances or resolutions.
Union: International Federation of Professional & Technical Engineers (IFPTE)
Local 21.
SECTION 1 - ORGANIZATION RECOGNITION
Professional & Technical Engineers, Local 21, AFL-CIO is the formally
recognized employee organization for the representation units listed below, and
such employee organization has been certified as such pursuant to Board of
Supervisors’ Resolution 81/1165.
Supervisory Unit – see Appendix A
Non-Supervisory Unit – see Appendix B
SECTION 2 - UNION 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 Union
has the exclusive privilege of dues deduction for all employees in its units.
2.2 Agency Shop.
A. The Union agrees that it has a duty to provide fair and non-discriminatory
representation to all employees in all classes in the units for which this
section is applicable regardless of whether they are members of the
Union.
B. All employees hired, transferred, or promoted into a classification
represented by Local 21 (except for those management classifications
listed in Appendix C) on or after the date this MOU is adopted by the
Board of Supervisors, and continuing until the termination of this MOU,
shall either:
1. Become and remain a member of the Union or;
2. Pay to the Union, an agency shop fee in an amount which does not
exceed an amount which may be lawfully collected under
applicable constitutional, statutory, and case law, which under no
circumstances shall exceed the monthly dues, initiation fees and
general assessments determined by the Union. It shall be the sole
SECTION 2 - UNION SECURITY
IFPTE, Local 21 5 of 96 2011-2012
responsibility of the Union to determine an agency shop fee which
meets the above criteria; or
3. Do both of the following:
a. Execute a written declaration that the employee is a member
of a bona fide religion, body or sect which has historically held
a conscientious objection to joining or financially supporting
any public employee organization as a condition of
employment; and
b. Pay a sum equal to the agency shop fee described in Section
2.2.B.2 to a non-religious, non-labor, charitable fund chosen
by the employee from the following charities: Family and
Children's Trust Fund, Child Abuse Prevention Council and
Battered Women's Alternative.
C. The provisions of Subsection B., above, will apply to all employees of a
unit represented by Local 21 in the event that:
1. Election: The Union has requested, in writing, that an election on
the issue of agency shop, be conducted by the State Mediation and
Conciliation Service, and fifty percent (50%) plus one (1) of the
members in a unit who vote in the secret ballot election, votes in
favor of agency shop; or
2. Two-thirds (2/3) Membership: The Union provides documentation
that two-thirds (2/3) of the employees within a unit are dues paying
members of the Union.
D. The Union shall provide the County with a copy of the Union's Hudson
Procedure for the determination and protest of its agency shop fees. The
Union shall provide a copy of said Hudson Procedure to every fee payer
covered by this MOU within one (1) month from the date it is approved
and annually thereafter, and as a condition to any change in the agency
shop fee.
E. The provisions of Section 2.2.B.2 shall not apply during periods that an
employee is separated from the represented unit, but, shall be reinstated
upon the return of the employee to the represented unit. The term
separation includes transfer out of the unit, layoff, and leave of absence
with a duration of more than thirty (30) days.
F. The Union will comply with the financial disclosure requirements set forth
in California Government Code section 3502.5(f), or as otherwise
required by law.
G. Compliance.
SECTION 2 - UNION SECURITY
IFPTE, Local 21 6 of 96 2011-2012
1. An employee employed in or hired into a job class represented by
the Union shall be provided with an Employee Authorization for
Payroll Deduction form by the Human Resources Department.
2. If the form authorizing payroll deduction is not returned within thirty
(30) calendar days after notice of this agency shop fee provision
and the union dues, agency shop fee, initiation fee or charitable
contribution required under Section 2.2.B.3 are not received, the
Union may, in writing, direct that the County withhold the agency
shop fee and the initiation fee from the employee's salary, in which
case the employee's monthly salary shall be reduced by an amount
equal to the agency shop fee and the County shall pay an equal
amount to the Union.
H. The Union 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 union security section, or
action taken or not taken by the County under this Section. This includes,
but is not limited to, the County's attorneys' fees and costs. The provisions
of this subsection shall not be subject to the grievance procedure following
the adoption of this MOU by the County Board of Supervisors.
I. The County Human Resources Department shall monthly furnish a list of
all new hires to the Union.
J. In the event that employees in a bargaining unit represented by the Union
vote to rescind agency shop, the provisions of Section 2.4 and 2.5 shall
apply to dues-paying members of the Union.
2.3 Dues Form. Employees hired into classifications assigned to units
represented by the Union shall complete a County Union dues authorization form
provided by the Union and shall have deducted from their paychecks the
stipulated union membership dues. 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 Union. Such decision not to become a member of the Union must be made in
writing to the Auditor-Controller with a copy to the Labor Relations Service Unit
within said thirty (30) day period. If the employee decides not to become a
member of the Union, any Union dues previously deducted from the employee's
paycheck shall be returned to the employee and said amount shall be deducted
from the next dues deduction check sent to the Union. If the employee does not
notify the County in writing of the decision not to become a member within the
thirty (30) day period, he/she shall be deemed to have voluntarily agreed to pay
the dues of the Union.
Each such dues authorization form referenced above shall include a statement
that the Union and the County have entered into a MOU, that the employee is
required to authorize payroll deductions of Union dues, 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
SECTION 2 - UNION SECURITY
IFPTE, Local 21 7 of 96 2011-2012
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
Union who are currently paying dues to the Union and all employees in such
units who hereafter become members of the Union shall pay dues to the Union
for the duration of this MOU and each year thereafter so long as the Union
continues to represent the classification to which the employee is assigned,
unless the employee has exercised the option to cease paying dues in
accordance with Section 2.5.
2.5 Withdrawal of Membership. By notifying the Auditor-Controller's
Department in writing, between May 1 and May 31, 2011, any employee may
withdraw from Union membership and discontinue paying dues as of the payroll
period commencing on June 1, 2011. The discontinuance of dues payments will
then be reflected in the July 10, 2011, paycheck. Immediately upon close of the
aforementioned thirty (30) day period the Auditor-Controller shall submit to the
Union a list of the employees who have rescinded their authorization for dues
deduction. This can only be accomplished if and when agency shop would be
rescinded.
2.6 Communicating With Employees. The Union is allowed to use
designated portions of bulletin boards or display areas in public portions of
County buildings or in public portions of offices in which there are employees
represented by the Union, provided the communications displayed have to do
with official Union business such as times and places of meetings and further
provided that the Union appropriately posts and removes the information. The
department head reserves the right to remove objectionable materials after
notification to and discussion with the Union.
Representatives of the Union, not on County time, are permitted to place a
supply of employee literature at specific locations in County buildings, if arranged
through the Appointing Authority or designated representative; said
representatives may distribute Union literature in work areas (except work areas
not open to the public) if the nature of the literature and the proposed method of
distribution are compatible with the work environment and the County work in
progress.
The Union may have 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;
SECTION 2 - UNION SECURITY
IFPTE, Local 21 8 of 96 2011-2012
D. to represent an employee on a discipline, and/or to contact a union officer
on a matter within the scope of representation;
E. to ascertain whether the terms and conditions of the MOU are being
complied with.
In the application of this provision, the Union must make advance arrangements,
including disclosure of which of the above purposes is the reason for the visit,
with the department representative in charge of the work area, and the visit must
not interfere with County services.
2.7 Use of County Buildings. The Union is allowed the use of areas normally
used for meeting purposes for meetings of County employees when:
A. such space is available; and
B. there is no additional cost to the County; and
C. it does not interfere with normal County operations, nor interfere with any
employee's work responsibilities; and
D. employees in attendance are not on duty and are not scheduled for duty;
and
E. the meetings are on matters within the scope of representation.
The administrative official responsible for the meeting space will establish and
maintain the scheduling of such uses. The Union must maintain proper order at
its meetings, and see that the meeting 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, and blackboards) is strictly prohibited,
even though it may be present in the meeting area.
2.8 Advance Notice. The Union will, 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,
constitutes advanced notice.
In cases of emergency when the Board, or boards and commissions appointed
by the Board, determines it must act immediately without such notice or meeting,
it shall give notice and opportunity to meet as soon as practical after its action.
SECTION 3 – NO DISCRIMINATION / AMERICANS WITH
DISABILITIES ACT (ADA)
IFPTE, Local 21 9 of 96 2011-2012
2.9 Written Statement for New Employees. The County will provide a
written statement to each new employee hired into a classification represented
by the Union, that the employee's classification is represented by The Union and
the name of a representative of the Union. The County will provide the employee
with a packet of information which has been supplied by the Union and approved
by the County. The County will provide an opportunity for the Union to make a
fifteen (15) minute presentation at 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 Labor
Relations Manager will 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 will mail notice to all recognized
employee organizations of his/her determination.
B. Final Determination. His/her determination is final unless within ten (10)
days after mailing of the notice, a recognized employee organization
requests, in writing, to meet and confer thereon.
C. Meet and Confer and Other Steps. The Labor Relations Manager, or
designee, will meet and confer with such requesting organizations (and
with other recognized employee organizations where appropriate) to seek
agreement on this matter within sixty (60) days after the request in
Subsection B, unless otherwise mutually agreed. Thereafter, the
procedures in cases of disagreement, arbitration referral and expenses,
and criteria for determination, are governed by Board of Supervisors’
Resolution 81/1165.
2.11 T.J. Anthony Fund. Employees in classifications represented by IFPTE
Local 21 may make a voluntary, monthly contribution to the T. J. Anthony Fund
through the County’s payroll system. Monthly contributions will be deducted from
employees’ pay by the County and remitted to IFPTE Local 21, T.J. Anthony
Fund. The T.J. Anthony Fund is the Union’s political action fund.
SECTION 3 – NO DISCRIMINATION / AMERICANS WITH DISABILITIES ACT
(ADA)
There shall be no discrimination because of sex, race, creed, color, national
origin, religion, marital status, gender identity, sexual orientation, or union
activities against any employee or applicant for employment by the County or by
anyone employed by the County; and to the extent prohibited by applicable State
and Federal law there shall be no discrimination because of age. There shall be
SECTION 4 - SHOP STEWARDS AND OFFICIAL
REPRESENTATIVES
IFPTE, Local 21 10 of 96 2011-2012
no discrimination against any disabled person solely because of such disability
unless that disability prevents the person from meeting the minimum standards
established for the position or from carrying out the duties of the position safely.
There shall be no discrimination because of Union membership or legitimate
Union activity against any employee or applicant for employment by the County
or anyone employed by the County.
The Employer and the Union recognize that the Employer has an obligation to
reasonably accommodate disabled employees. If by reason of the aforesaid
requirement the Employer contemplates actions to provide reasonable
accommodation to an individual employee in compliance with the ADA that are in
conflict with any provision of this Agreement, the Union will be advised of such
proposed accommodation. Upon request, the County will meet and confer with
the Union on the impact of such accommodation. If the County and the Union do
not reach agreement, the County may implement the accommodation if required
by law without further negotiations. Nothing in this MOU shall preclude the
County from taking actions necessary to comply with the requirements of ADA, or
the California Fair Employment and Housing Act.
SECTION 4 - SHOP STEWARDS AND OFFICIAL REPRESENTATIVES
4.1 Attendance at Meetings. Employees designated as shop stewards or
official representatives of the Union shall be allowed to attend meetings held by
County agencies during regular working hours on County time as follows:
A. If their attendance is required by the County at a specific meeting.
B. If their attendance is sought by a hearing body or presentation of
testimony or other reasons;
C. Meetings scheduled at reasonable times agreeable to all parties, required
for settlement of grievances filed pursuant to Section 20 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, or represent an employee at disciplinary proceedings
or investigations, provided the meetings are scheduled at reasonable
times agreeable to all parties.
E. If they are designated as spokesperson or representative of the Union and
as such make representations or presentations at meetings or hearings on
wages, salaries, benefits, 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
SECTION 4 - SHOP STEWARDS AND OFFICIAL
REPRESENTATIVES
IFPTE, Local 21 11 of 96 2011-2012
County agency calling the meeting is responsible for determining that the
attendance of the particular employee(s) is required.
F. Shop stewards and union officials must notify, as far in advance as
possible, their immediate supervisor, or his/her designee, of their intent to
engage in union business on County time. All notices for release time
must include the location, the estimated time needed, and the general
nature of the union business involved (e.g., grievance meeting, Skelly
hearing).
G. To attend examination appeal board hearings to assist an employee in
making a presentation.
4.2 Union-Sponsored Training Programs. The County will provide the
Union a maximum of one-hundred eighty (180) hours per year of release time for
union designated stewards and/or officers to attend union-sponsored training
programs.
Requests for release time are required to be provided in writing to the
Department and the County Human Resources Department at least fifteen (15)
calendar days in advance of the time requested. Department Heads, or
designee, will reasonably consider each request and notify the affected
employee whether such request is approved within seven (7) calendar days of
receipt of the request.
4.3 Union Representatives. Official representatives of the Union shall be
allowed time off on County time for meetings during regular working hours when
formally meeting and conferring in good faith or consulting with the Labor
Relations Manager or other management representatives on matters within the
scope of representation, provided that advance arrangements for the time away
from the work station or assignment are made with the appropriate Department
Head.
4.4 Release Time for Successor Bargaining. The County must permit a
total of ten (10) Union members (including any alternates) paid release time to
participate in scheduled bargaining sessions with the County that take place
during the employee’s regular work hours. If the scheduled bargaining session
falls on the day off of a Union participant, the County will not pay that employee
for that time.
4.5 Labor Management Committee: Upon contract approval, a Labor
Management Committee will be established. No action of the committee shall
contravene (overturn and contradict) any term or provision of the Agreement
between Contra Costa County and the Union.
This Labor Management Committee will have equal representation from both the
County and the Union, with five (5) representatives each. Union Committee
members will represent a cross-section of the County, with representation from
SECTION 5 - SALARIES
IFPTE, Local 21 12 of 96 2011-2012
multiple Departments. The Committee will meet at minimum on a quarterly
basis, and in addition, as needed to address matters the parties agree are of
mutual concern that arise during the course of this Agreement. At the inaugural
meeting, the Committee will establish ground rules for conduct of the Committee.
At least one week prior to each Committee meeting, the parties agree to
establish, an Agenda, including issues for discussion during the Committee
meeting. By mutual agreement, the Committee is specifically empowered to
establish subcommittees.
Issues regarding on-call/call-back pay will be included on the agenda for
meetings of the Labor/Management Committee at the request of either party.
SECTION 5 - SALARIES
5.1 General Wages.
A. Effective on October 1, 2011, the base rate of pay for all classifications
represented by Local 21 will be reduced by two and three-fourths percent
(2.75%).
B. Management Longevity Pay:
1. Ten Years of Service:
a. Employees who have completed ten (10) years of service for
the County are eligible to receive a two and one-half percent
(2.5%) longevity differential effective on the first day of the
month following the month in which the employee qualifies for
the ten (10) year service award.
b. In lieu of subsection a, employees in positions ineligible to
receive vacation or sick leave accruals or to convert a portion of
those accruals to cash under the terms of this Resolution are
eligible to receive a five percent (5%) longevity differential upon
the completion of ten years of service effective on the first day
of the month following the month in which the employee
qualifies for the ten (10) year service award.
c. This section does not apply to employees who are eligible to
receive the Nurse Manager Longevity Differentials set forth in
Section 42.15.
2. Fifteen Years of Service:
a. Employees who have completed fifteen (15) years of service for
the County are eligible to receive an additional two and one-half
percent (2.5%) longevity differential effective on the first day of
the month following the month in which the employee qualifies
SECTION 5 - SALARIES
IFPTE, Local 21 13 of 96 2011-2012
for the fifteen (15) year service award. For employees who
completed fifteen (15) years of service on or before January 1,
2007, this longevity differential will be paid prospectively only
from January 1, 2007.
b. In lieu of subsection a, employees in positions ineligible to
receive vacation or sick leave accruals or to convert a portion of
those accruals to cash under the terms of this Resolution are
eligible to receive an additional two and one-half percent (2.5%)
longevity differential upon the completion of fifteen (15) years of
service effective on the first day of the month following the
month in which the employee qualifies for the fifteen (15) year
service award. For employees who completed fifteen years of
service on or before January 1, 2007, this longevity differential
will be paid prospectively only from January 1, 2007.
c. This section does not apply to employees who are eligible to
receive Nurse Manager Longevity Differentials set forth in
Section 42.15.
5.2 Entrance Salary. Except as otherwise permitted in deep class
resolutions, new employees shall generally be appointed at the minimum step of
the salary range established for the particular class of position to which the
appointment is made. However, the appointing authority may fill a particular
position at a step above the minimum of the range.
5.3 Anniversary Dates. Except as may otherwise be provided for in deep
class resolutions, anniversary dates will be set as follows:
A. New Employees. The anniversary date of a new employee is the first day
of the calendar month after the calendar month when the employee
successfully completes six (6) months service provided however, if an
employee began work on the first regularly scheduled workday of the
month the anniversary date is the first day of the calendar month when the
employee successfully completes six (6) months service.
B. Promotions. The anniversary date of a promoted employee is determined
as for a new employee in Subsection 5.3.A above.
C. Demotions. The anniversary 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.
SECTION 5 - SALARIES
IFPTE, Local 21 14 of 96 2011-2012
E. Reemployments. The anniversary of an employee appointed from a
reemployment list to the first step of the applicable salary range and not
required to serve a probation period is determined in the same way as the
anniversary date is determined for a new employee who is appointed the
same date, classification and step and who then successfully completes
the required probationary period.
F. Appointments from Outside the County’s Merit System Notwithstanding
other provisions of this Section 5, the anniversary of an employee who is
appointed to a classified position from outside the County's merit system
at a rate above the minimum salary for the employee's new class, or who
is transferred from another governmental entity to this County's merit
system, is one (1) year from the first day of the calendar month after the
calendar month when the employee was appointed or transferred;
provided however, when the appointment or transfer is effective on the
employee's first regularly scheduled work day of that month, his/her
anniversary date is one (1) year after the first calendar day of that month.
5.4 Increments Within Range. The performance of each employee, except
those of employees already at the maximum salary step of the appropriate salary
range, shall be reviewed on the anniversary date as set forth in Section 5.3 to
determine whether the salary of the employee shall be advanced to the next
higher step in the salary range. Advancement shall be granted on the affirmative
recommendation of the appointing authority, based on satisfactory performance
by the employee. The appointing authority may recommend denial of the
increment or denial subject to one additional review at some specified date
before the next anniversary which must be set at the time the original report is
returned.
Except as herein provided, increments within range shall not be granted more
frequently than once a year, nor shall more than one (1) step within range
increment be granted at one time, except as otherwise provided in deep class
resolutions. In case an appointing authority recommends denial of the within
range increment on some particular anniversary date, but recommends a special
salary review at some date before the next anniversary the special salary review
shall not affect the regular salary review on the next anniversary date. Nothing
herein shall be construed to make the granting of increments mandatory on the
County. If an operating department verifies in writing that an administrative or
clerical error was made in failing to submit the documents needed to advance an
employee to the next salary step on the first of the month when eligible, said
advancement shall be made retroactive to the first of the month when eligible.
5.5 Part-Time Compensation. A part-time employee shall be paid a monthly
salary in the same ratio to the full-time monthly rate to which the employee would
be entitled as a full-time employee under the provisions of this Section 5 as the
number of hours per week in the employee's part-time work schedule bears to
the number of hours in the full-time work schedule of the department.
SECTION 5 - SALARIES
IFPTE, Local 21 15 of 96 2011-2012
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 may be reduced to the maximum salary for the new
classification, or the appointing authority may Y rate the salary of the employee.
The salary of an incumbent of a position which is reclassified to a class which is
allocated to a range of the basic salary schedule greater than the range of the
class of the position before it was reclassified shall be governed by the provisions
of Section 5.9 - Salary on Promotion.
5.8 Salary Reallocation & Salary on Reallocation.
A. In a general salary increase or decrease, an employee in a class which is
reallocated to a salary range above or below that to which it was
previously allocated 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, when the number of steps in the salary range
remain the same. If the reallocation is from one salary range with more
steps to a range with fewer steps or vice versa, the employee shall be
compensated at the step on the new range which is in the same
percentage ratio to the top step of the new range as was the salary
received before reallocation to the top step of the old range, but in no case
shall any employee be compensated at less than the first step of the range
to which the class is allocated.
B. In the event that a classification is reallocated from a salary range with
more steps to a salary range with fewer steps on the salary schedule,
apart from the general salary increase or decrease described in Section
5.8.A above, each incumbent of a position in the reallocated class shall be
placed upon the step of the new range which equals the rate of pay
received before the reallocation. In the event that the steps in the new
range do not contain the same rates as the old range, each incumbent
shall be placed at the step of the new range which is next above the salary
rate received in the old range, or if the new range does not contain a
SECTION 5 - SALARIES
IFPTE, Local 21 16 of 96 2011-2012
higher step, at the step which is next lower than the salary received in the
old range.
C. In the event an employee is in a position which is reallocated to a different
class which is allocated to a salary range the same as above or below the
salary range of the employee's previous class, the incumbent shall be
placed at the step in the new class which equals the rate of pay received
before reallocation. In the event that the steps in the range for the new
class do not contain the same rates as the range for the old class, the
incumbent shall be placed at the step of the new range which is next
above the salary rate received in the old range; or if the new range does
not contain a higher step, the incumbent shall be placed at the step which
is next lower than the salary received in the old range.
D. In the event of reallocation to a deep class, the provisions of the deep
class resolution and incumbent salary allocations, if any, shall supersede
Section 5.10.
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 5.14, shall receive the salary in the new salary
range which is next higher than the rate received before promotion. In the event
this increase is less than five percent (5%), the employee's salary shall be
adjusted to the step in the new range which is at least five percent (5%) greater
than the next higher step; provided however that the next step shall not exceed
the maximum salary for the higher class.
5.10 Salary on Involuntary Demotion. Any employee who is demoted,
except as provided under Section 5.12, shall have his/her salary reduced to the
monthly salary step in the range for the class of position to which he/she has
been demoted next lower than the salary received before demotion. In the event
this decrease is less than five percent (5%), the employee's salary shall be
adjusted to the step in the new range which is five percent (5%) less than the
next lower step; provided, however, that the next step shall not be less than the
minimum salary for the lower class.
Whenever the demotion is the result of layoff, cancellation of positions or
displacement by another employee with greater seniority rights, the salary of the
demoted employee shall be that step on the salary range which he/she would
have achieved had he/she been continuously in the position to which he/she has
been demoted, all within-range increments having been granted.
5.11 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.
SECTION 5 - SALARIES
IFPTE, Local 21 17 of 96 2011-2012
5.12 Salary on Transfer. An employee who is transferred from one position to
another as described under Transfer (Section 17) shall be placed at the step in
the salary range of the new class which equals the rate of pay received before
the transfer. In the event that the steps in the range for the new class do not
contain the same rates as the range for the old class, the employee shall be
placed at the step of the new range which is next above the salary rate received
in the old range; or if the new range does not contain a higher step, the employee
shall be placed at the step which is next lower than the salary received in the old
range.
Whenever a permanent employee transfers to or from a deep class, as provided
in the appropriate deep class resolutions, the salary of the employee shall be set
as provided in the deep class resolutions at a step not to exceed a five percent
(5%) increase in the employee's base salary.
However, if the deep class transfer occurs to or from a deep class with specified
levels identified for certain positions and their incumbents, the employee's salary
in the new class shall be set in accordance with the section on Salary on
Promotion (Section 5.9) if the employee is transferring to another class or to a
level in a deep class for which the salary is at least five percent (5%) above the
top base step of the deep class level or class in which they have status currently.
5.13 Pay for Work in Higher Classification. When an employee in a
permanent position in the merit system is required to work in a classification for
which the compensation is greater than that to which the employee is regularly
assigned, the employee shall receive compensation for such work at the rate of
pay established for the higher classification pursuant to Subsection 5.9 - Salary
on Promotion of this Memorandum, 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 substitute for the
promotional procedure provided in this Memorandum.
SECTION 5 - SALARIES
IFPTE, Local 21 18 of 96 2011-2012
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.
G. Any incentives (e.g., the education incentive) and special differentials
(e.g., bilingual differential and hazardous duty differential) accruing to the
employee in his/her permanent position shall continue.
H. During the period of work for higher pay in a higher classification, an
employee will retain his/her permanent classification, and anniversary and
salary review dates will be determined by time in that classification; except
that if the period of work for higher pay in a higher classification exceeds
one (1) year continuous employment, the employee, upon satisfactory
performance in the higher classification, shall be eligible for a salary
review in that class on his/her next anniversary date. Notwithstanding any
other salary regulations, the salary step placement of employees
appointed to the higher class immediately following termination of the
assignment, shall remain unchanged.
I. Allowable overtime pay, shift differentials and/or work location differentials
will be paid on the basis of the rate of pay for the higher class.
5.14 Payment. On the tenth (10th) day of each month, the Auditor will draw a
warrant upon the Treasurer in favor of each employee for the amount of salary
due the employee for the preceding month; provided however, that each
employee (except those paid on an hourly rate) may choose to receive an
advance on the employee's monthly salary, in which case the Auditor shall, on
the twenty-fifth (25th) day of each month, draw his/her warrant upon the
Treasurer in favor of such employee. The advance shall be in an amount equal
to one-third (1/3) or less (at the option of the employee) of the employee's basic
salary of the previous month except that it shall not exceed the amount of the
previous month's basic salary less all requested or required deductions.
The election to receive the advance shall be made on the prescribed form (form
M-208, revised 5/81) and submitted by the fifteenth (15th) of the month to the
department payroll clerk who will forward the card with the Salary Advance
Transmittal/Deviation Report to the Auditor-Controller payroll section.
Such an election would be effective in the month of the submission and would
remain effective until revoked.
In the case of an election made pursuant to this Section 5.15 all required or
requested deductions from salary shall be taken from the second installment,
which is payable on the tenth (10th) day of the following month.
SECTION 6 - DAYS AND HOURS OF WORK:
IFPTE, Local 21 19 of 96 2011-2012
5.15 Merit Adjustment. Each classification represented by Local 21 will be
eligible for a merit review one (1) year after the date of his/her original
appointment and annually thereafter until the top step of the range is reached.
Based upon review of each employee’s duties and performance, the appointing
authority or designee may authorize an advancement to the next higher step in
the salary range, or deny the adjustment with or without one (1) additional review
at some specified date before the next anniversary. Merit increase will be
awarded for satisfactory performance and there shall be no limit to the number of
employees receiving a merit increment in any given year.
The decision to approve or deny the employee’s merit adjustment will be
supported by a written evaluation of the member's performance. Performance
evaluations will be completed by the appropriate Supervisor, and will be subject
to review and approval by the appointing authority's designee. No salary
adjustment shall be made unless a recommendation to do so is made by the
appointing authority, or designee, and no provision of this section shall be
construed to make the adjustment of salaries mandatory on the County.
5.16 Effective Date. Adjustments to employee’s salaries shall be effective on
the first day of the month following the month in which the adjustment is
authorized by the appointing authority or designee. 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.
SECTION 6 - DAYS AND HOURS OF WORK:
6.1 Definitions:
A. Regular Work Schedule: The regular work schedule is eight (8) hours per
day, Monday through Friday, inclusive, for a total of forty (40) hours per
week.
B. 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 a
“workweek” as defined below.
C. Alternate Work Schedule: An alternate work schedule is any work
schedule where the employee is regularly scheduled to work five (5) days
per week, but the employee’s regularly scheduled days off are NOT
Saturday and Sunday.
D. 4/10 Work Schedule: A 4/10 work schedule is four (4) ten (10) hour days
in a seven (7) day period, for a total of forty (40) hours per week.
SECTION 6 - DAYS AND HOURS OF WORK:
IFPTE, Local 21 20 of 96 2011-2012
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 (1) 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, Flexible, Alternate, and 4/10
Schedules: For employees on regular, flexible, alternate, and 4/10
schedules, the workweek begins at 12:01 a.m. on Monday and ends at 12
midnight on Sunday.
G. Workweek for Employees on a 9/80 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
work day. The end time of the workweek is four (4) hours after the start
time of the eight (8) hour work day. 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 Holidays Observed: The County will observe the following holidays
during the term covered by this Memorandum of Understanding:
New Year’s Day Labor Day
Martin Luther King Jr. Day Veterans’ Day
Presidents’ Day Thanksgiving Day
Memorial Day Day after Thanksgiving
Independence Day Christmas Day
Such other days as the Board of Supervisors may designate by
Memorandum of Understanding as holidays.
6.3 Holidays: Employees are entitled to observe a holiday (day off work),
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.
6.4 Holidays - Flexible, Alternate, 9/80, and 4/10 Work Schedules: When
a holiday falls on the regularly scheduled day off of any employee who is on a
flexible, alternate, 9/80, or 4/10 work schedule, the employee is entitled to take
the day off, without a reduction in pay, in recognition of the holiday. These
employees are entitled to request another day off in recognition of their regularly
scheduled day off. The requested day off must be within the same workweek as
the holiday and it must be pre-approved by the employee’s supervisor. The
requested day off shall not be unreasonably denied. If the day off is not
SECTION 6 - DAYS AND HOURS OF WORK:
IFPTE, Local 21 21 of 96 2011-2012
approved by the supervisor, it is lost. If the approved day off is a nine (9) hour
workday, the employee must use one (1) hour of non-sick-leave accruals. If the
approved day off is a ten (10) hour workday, the employee must use two (2)
hours of non-sick-leave accruals. If the employee does not have any non-sick-
leave accrual balances, leave without pay (AWOP) will be authorized.
6.5 Holidays - Part-Time Employees: Permanent, part-time employees are
entitled to observe a holiday (day off work) in the same ratio as the number of
hours in the part time employee’s weekly schedule bears to forty (40) hours.
6.6 No Overtime Pay, Holiday Pay, or Comp Time: Employees are not
entitled to receive overtime pay, holiday pay, overtime compensatory time, or
holiday compensatory time. Employees who are unable or not permitted to
observe a holiday (take the day off), are authorized to receive overtime pay
ONLY IF the employee is on the Overtime Exempt Exclusion List.
6.7 Overtime Exempt Exclusion: Employees who are awarded Annual
Management Administrative Leave in recognition of the extra burden their job
responsibilities may sometimes place on their work schedules are overtime
exempt and are not eligible for overtime pay, holiday pay, overtime
compensatory time, or holiday compensatory time. However, these employees
may be made eligible for overtime pay if their names are placed on the Overtime
Exempt Exclusion List by the County Administrator’s Office. Employees on the
Overtime Exempt Exclusion list are authorized to receive overtime pay, only.
These employees are NOT eligible for holiday pay, overtime compensatory time,
or holiday compensatory time. Employees on the Overtime Exempt Exclusion
List are also NOT eligible for Annual Management Administrative Leave for the
quarter they are on the Overtime Exempt Exclusion List. The policies and the
procedures for the Overtime Exempt Exclusion List are set forth in the County
Administrator’s memo of November 6, 2002, as may be amended.
Employees may be approved for placement on the Overtime Exempt Exclusion
List if and when they are assigned to a special or temporary project or task that
requires persistent, excess work hours, without relief from their regular job duties.
Overtime pay will not be authorized as a means to address normal staffing or
operational issues.
6.8 Overtime Exempt Exclusion List. The County will provide the Union
with a copy of the Overtime Exempt Exclusion List on a quarterly basis.
6.9 Personal Holiday Credit: Employees are entitled to accrue two (2) hours
of personal holiday credit each month. This time is prorated for part time
employees. No employee may accrue more than forty (40) hours of personal
holiday credit. On separation from County service, employees are paid for any
unused personal holiday credit hours at the employee’s then current rate of pay,
up to a maximum of forty (40) hours.
6.10 Sick Leave: Employees are entitled to accrue paid sick leave credit in
accordance with the provisions of the County Salary Regulations, this
SECTION 7 - WORKFORCE REDUCTION/LAYOFF/
REASSIGNMENT
IFPTE, Local 21 22 of 96 2011-2012
Memorandum of Understanding and Administrative Bulletin No. 411.7 (Sick
Leave Policy) adopted on October 17, 1997, as periodically amended.
6.11 Family Care Leave: The provisions of Section 1006.3 of the Personnel
Management Regulations and Resolution No. 94/416, as amended, relating to
Leaves of Absence and Family Care Medical Leave apply to all employees
covered by this Memorandum of Understanding, except that such employees are
not entitled to Family Care or Medical Leave on a calendar year basis. Instead,
such employees are entitled to at least eighteen (18) weeks of leave in a “rolling”
twelve (12) month period, which period is to be measured backward from the
date the employee uses FMLA leave.
6.12 Leave Without Pay - Use of Accruals: The provisions of Section
1006.6 of the Personnel Management Regulations, as amended, relating to the
use of accruals while on leave without pay, apply to all employees covered by
this Memorandum of Understanding.
6.13 Provisions for Part Time Employees and Permanent Intermittent
Employees - Reopener: The parties will reopen the provisions of Section 6 of
this Memorandum of Understanding for the limited purpose of meeting and
conferring to ensure consistent practices across departments regarding part time
employees and permanent intermittent employees.
6.14 Automated Time Keeping: The Union will continue to meet and confer
with the County regarding implementation of an Automated Time Keeping system
for all County employees.
SECTION 7 - WORKFORCE REDUCTION/LAYOFF/ REASSIGNMENT
7.1 Workforce Reduction. In the event that funding reductions or shortfalls
in funding occur in a department or are expected, which may result in layoffs, the
department will notify the union and take the following actions:
A. Identify the classification(s) in which position reductions may be required
due to funding reductions or shortfalls.
B. Advise employees in those classifications that position reductions may
occur in their classifications.
C. Accept voluntary leaves of absence from employees in those
classifications which do not appear to be potentially impacted by possible
position reductions when such leaves can be accommodated by the
department.
D. Consider employee requests to reduce their position hours from full-time
to part-time to alleviate the impact of the potential layoffs.
SECTION 7 - WORKFORCE REDUCTION/LAYOFF/
REASSIGNMENT
IFPTE, Local 21 23 of 96 2011-2012
E. Approve requests for reduction in hours, lateral transfers, and voluntary
demotions to vacant, funded positions in classes not scheduled for layoffs
within the department, as well as to other departments not experiencing
funding reductions or shortfalls when it is a viable operational alternative
for the department(s).
F. Review various alternatives which will help mitigate the impact of the layoff
by working through the Tactical Employment Team (TET) program to:
1. Maintain an employee skills inventory bank to be used as a basis
for referrals to other employment opportunities.
2. Determine if there are other positions to which employees
may be transferred.
3. Refer interested persons to vacancies which occur in other
job classes for which they qualify and can use their layoff
eligibility.
4. Establish workshops to aid laid off employees in areas such
as resume preparation, alternate career counseling, job
search strategy, and interviewing skills.
G. When it appears to the Department Head and/or Labor Relations
Manager that the Board of Supervisors may take action which will
result in the layoff of employees in a representation unit, the Labor
Relations Manager shall notify the Union of the possibility of such
layoffs and shall meet and confer with the Union regarding the
implementation of the action.
7.2 Separation Through Layoff.
A. Grounds for Layoff. Any employee(s) having permanent status in
position(s) in the merit service may be laid off when the position is no
longer necessary, or for reasons of economy, lack of work, lack of funds or
for such other reason(s) as the Board of Supervisors deems sufficient for
abolishing the position(s).
B. Order of Layoff. The order of layoff in a department shall be based on
inverse seniority in the class of positions, the employee in that department
with least seniority being laid off first and so on.
C. Layoff By Displacement.
1. In the Same Class. A laid off permanent full-time employee may
displace an employee in the department having less seniority in the
same class who occupies permanent-intermittent or permanent
part-time position, the least senior employee being displaced first.
SECTION 7 - WORKFORCE REDUCTION/LAYOFF/
REASSIGNMENT
IFPTE, Local 21 24 of 96 2011-2012
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 1) in the same class as
provided in Section 7.2.C.1 or, 2) in a class of the same or lower
salary level as provided in Section 7.2.C.2 if no full-time employee
in a class at the same or lower salary level has less seniority than
the displacing employees.
3. Former permanent full-time employees who have voluntarily
become permanent part-time employees for the purpose of
reducing the impact of a proposed layoff with the written approval of
the Human Resources Director or designee retain their permanent
full-time employee seniority rights for layoff purposes only and may
in a later layoff displace a full-time employee with less seniority as
provided in these rules.
E. Seniority. An employee’s seniority within a class for layoff and
displacement purposes shall be determined by adding the employee’s
length of service in the particular class in question to the employee’s
length of service in other classes at the same or higher salary levels as
determined by the salary schedule in effect at the time of layoff.
Employees reallocated or transferred without examination from one class
to another class having a salary within five (5) percent of the former class,
as provided in Section 305.2 of the Personnel Management Regulations,
shall carry the seniority accrued in the former class into the new class.
Employees reallocated to a new deep class upon its initiation or otherwise
reallocated to a deep class because the duties of the position occupied
are appropriately described in the deep class shall carry into the deep
class the seniority accrued or carried forward in the former class and
seniority accrued in other classes which have been included in the deep
class. Service for layoff and displacement purposes includes only the
employee’s last continuous permanent County employment. Periods of
separation may not be bridged to extend such service unless the
separation is a result of layoff in which case bridging will be authorized if
SECTION 7 - WORKFORCE REDUCTION/LAYOFF/
REASSIGNMENT
IFPTE, Local 21 25 of 96 2011-2012
the employee is reemployed in a permanent position within the period of
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.
F. Eligibility for Layoff List. Whenever any person who has permanent status
is laid off, has been displaced, has been demoted by displacement or has
voluntarily demoted in lieu of layoff or displacement, or has transferred in
lieu of layoff or displacement, the person's name shall be placed on the
Layoff list for the class of positions from which that person has been
removed.
G. Order of Names on Layoff. First, layoff lists shall contain the names of
persons laid off, displaced, or demoted as a result of a layoff or
displacement, or who have voluntarily demoted 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.
SECTION 7 - WORKFORCE REDUCTION/LAYOFF/
REASSIGNMENT
IFPTE, Local 21 26 of 96 2011-2012
J. In the event of the permanent appointment of a laid off employee from the
layoff list to the class from which the employee was laid off, the employee
shall be appointed at the step which the employee had formerly attained in
the higher class unless such step results in a decrease in which case the
employee is appointed to the next higher step. If however, the employee is
being appointed into a class allocated to a higher salary range than the
class from which the employee was laid off, the salary will be calculated
from the highest step the employee achieved prior to layoff, or from the
employee’s current step, whichever is higher.
K. Removal of Names from Layoff Lists. The Human Resources Director
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 of the Personnel
Management Regulations.
2. On evidence that the eligible cannot be located by postal
authorities.
3. On receipt of a statement from the appointing authority or eligible
that the eligible declines certification or indicates no further desire
for appointment in the class.
4. If three (3) offers of permanent appointment to the class for which
the eligible list was established have been declined by the eligible.
5. If the eligible fails to respond to the Human Resources Director 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.
L. Removal of Names from Reemployment and Layoff Certifications. The
Human Resources Director 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.
SECTION 8 - VACATIONS
IFPTE, Local 21 27 of 96 2011-2012
7.3 Notice. The County agrees to give employees scheduled for layoff at
least ten (10) work days notice prior to their last day of employment.
7.4 Special Employment Lists. The County will establish a Tactical
Employment Team (TET) employment pool which will include the names of all
laid off County employees. Special employment lists for job classes may be
established from the pool. Persons placed on a special employment list must
meet the minimum qualifications for the class. An appointment from such a list
will not affect the individual's status on a layoff list(s).
Employees in the TET 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.
7.5 Reassignment of Laid Off Employees. Employees who displaced within
the same classification from full-time to part-time or intermittent status in a layoff,
or who voluntarily reduced their work hours to reduce the impact of layoff, or who
accepted a position of another status than that from which they were laid off upon
referral from the layoff list, may request reassignment back to their pre-layoff
status (full time or part-time or increased hours). The request must be in writing
in accord with each department's reassignment bid or selection process.
Employees will be advised of the reassignment procedure to be followed to
obtain reassignment back to their former status at the time of the workforce
reduction. The most senior laid off employee in this status who requests such a
reassignment will be selected for the vacancy; except when a more senior laid off
individual remains on the layoff list and has not been appointed back to the class
from which laid off, a referral from the layoff list will be made to fill the vacancy.
SECTION 8 - VACATIONS
8.1 Vacation Allowance. Employees in permanent positions are entitled to
vacation with pay. Accrual is based upon straight time hours of working time per
calendar month of service and begins on the date of appointment to a permanent
position. Increased accruals begin on the first of the month following the month in
which the employee qualifies. Accrual for portions of a month shall be in
minimum amounts of one (1) hour calculated on the same basis as for partial
month compensation pursuant to Section 5.6 of this MOU. Vacation credits may
be taken in one (1) minute increments 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.
8.2 Vacation Leave on Reemployment From a Layoff List. Employees
with six months or more service in a permanent position prior to their layoff who
are employed from a layoff list, shall be considered as having completed six
months tenure in a permanent position for the purpose of vacation leave. The
appointing authority or designee will advise the Auditor-Controller's Payroll Unit in
SECTION 8 - VACATIONS
IFPTE, Local 21 28 of 96 2011-2012
each case where such vacation is authorized so that appropriate payroll system
override actions can be taken.
8.3 Vacation: Employees are entitled to accrue paid vacation credit not to
exceed the maximum cumulative hours as follows:
Length of Service
Monthly
Accrual Hours
Maximum
Cumulative
Hours
Under 11 years 10 240
11 years 10-2/3 256
12 years 11-1/3 272
13 years 12 288
14 years 12-2/3 304
15 through 19 years 13-1/3 320
20 through 24 years 16-2/3 400
25 through 29 years 20 480
30 years and up 23-1/3 560
8.4 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 20 years of service on January 1, 2008.
3. February 1, 2008 is the date on which the employee is eligible to
begin accruing 16.66 hours of vacation time each month.
4. The increased vacation hours will appear on the employee’s March
10, 2008, pay warrant.
Example Two:
1. An employee’s Service Award Date is February 24, 1987.
2. The employee reached 20 years of service on February 24, 2007.
3. March 1, 2007 is the date on which the employee is eligible to
begin accruing 16.66 hours of vacation time each month.
SECTION 9 - SICK LEAVE
IFPTE, Local 21 29 of 96 2011-2012
4. The increased vacation hours will appear on the employee’s April
10, 2007, pay warrant.
8.5 Bridged Service Time. Employees who are rehired and have their
service bridged in accordance with the provisions of this MOU shall accrue
vacation in accordance with the accrual formula for employees hired after
September 1, 1979. However, prior service time which has been bridged shall
count toward longevity accrual.
8.6 Accrual During Leave Without Pay. No employee who has been
granted a leave without pay or unpaid military leave shall accrue any vacation
credit during the time of such leave, nor shall an employee who is absent without
pay accrue vacation credit during the absence.
8.7 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.
8.8 Vacation Request Procedure. Employees will request leave time in
writing to their immediate supervisor. The supervisor will give a written response
indicating whether the request is granted or denied. In the event the request is
denied, the written response will set forth the reasons for the denial. The denial
of a vacation request pursuant to this section 8.8 is not subject to the Grievance
Procedure set forth in Section 20 of this MOU, or to any other administrative
appeal process.
8.9 Preference. Preference of vacation shall be given to employees
according to their seniority in their work unit as reasonably as possible.
SECTION 9 - SICK LEAVE
9.1 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.
9.2 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 Memoranda 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
minute increments.
Unused sick leave credits accumulate from year to year.
SECTION 9 - SICK LEAVE
IFPTE, Local 21 30 of 96 2011-2012
When an employee is separated other than through retirement, accumulated sick
leave credits shall be cancelled unless separation is involuntary and related to
budget reductions, in which case the employee may petition the County to
restore accumulated credits if that employee is reemployed 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.
9.3 Policies Governing the Use of Paid Sick Leave. As indicated above,
the primary purpose of paid sick leave is to ensure employees against loss of pay
for temporary absences from work due to illness or injury. The following
definitions apply:
Immediate Family means and includes only the spouse, son, stepson, daughter,
stepdaughter, father, stepfather, mother, stepmother, brother, sister,
grandparent, grandchild, father-in-law, mother-in-law, daughter-in-law, son-in-
law, brother-in-law, sister-in-law, foster children, aunt, uncle, niece, nephew,
cousin, stepbrother, stepsister, or domestic partner of an employee and/or
includes any other person for whom the employee is the legal guardian or
conservator, or any person who is claimed as a "dependent" for IRS reporting
purposes by the employee.
Employee means any person employed by Contra Costa County in an allocated
position in the County service.
Paid Sick Leave Credits means those sick leave credits provided for by County
Salary Regulations and memoranda of understanding.
Condition/Reason: With respect to necessary verbal contacts and confirmations
which occur between the department and the employee when sick leave is
requested or verified, a brief statement in non-technical terms from the employee
regarding inability to work due to injury or illness is sufficient.
Accumulated paid sick leave credits may be used, subject to appointing authority
approval, by an employee in pay status, but only in the following instances:
A. Temporary Illness or Injury of an Employee. Paid sick leave credits may
be used when the employee is off work because of a temporary illness or
injury.
B. Permanent Disability Sick Leave. Permanent disability means the
employee suffers from a disabling physical injury or illness and is thereby
prevented from engaging in any County occupation for which the
employee is qualified by reason of education, training or experience. Sick
leave may be used by permanently disabled employees until all accruals
SECTION 9 - SICK LEAVE
IFPTE, Local 21 31 of 96 2011-2012
of the employee have been exhausted or until the employee is retired by
the Retirement Board, subject to the following conditions:
1. An application for retirement due to disability has been filed with the
Retirement Board.
2. Satisfactory medical evidence of such disability is received by the
appointing authority within thirty (30) days of the start of use of sick
leave for permanent disability.
3. The appointing authority may review medical evidence and order
further examination as deemed necessary, and may terminate use
of sick leave when such further examination demonstrates that the
employee is not disabled, or when the appointing authority
determines that the medical evidence submitted by the employee is
insufficient, or where the above conditions have not been met.
C. Communicable Disease. An employee may use paid sick leave credits
when under a physician's order to remain secluded due to exposure to a
communicable disease.
D. Sick Leave Utilization for Pregnancy Disability. Employees whose
disability is caused or contributed to by pregnancy, miscarriage, abortion,
childbirth, or recovery 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:
1. Application for such leave must be made by the employee to the
appointing authority accompanied by a written statement of
disability from the employee's attending physician. The statement
must address itself to the employee's general physical condition
having considered the nature of the work performed by the
employee, and it must indicate the date of the commencement of
the disability as well as the date the physician anticipates the
disability to terminate.
2. If an employee does not apply for leave and the appointing
authority believes that the employee is not able to properly perform
her work or that her general health is impaired due to disability
caused or contributed to by pregnancy, miscarriage, abortion,
childbirth or recovery 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.
3. Sick leave may not be utilized after the employee has been
released from the hospital unless the employee has provided the
County with a written statement from her attending physician
SECTION 9 - SICK LEAVE
IFPTE, Local 21 32 of 96 2011-2012
stating that her disability continues and the projected dates of the
employee's recovery from such disability.
E. Medical and Dental Appointments. An employee may use paid sick leave
credits:
1. For working time used in keeping medical and dental appointments
for the employee's own care; and
2. For working time used by an employee for prescheduled medical
and dental appointments for an immediate family member.
F. Emergency Care of Family. An employee may use paid sick leave credits
for working time used in cases of illness or injury to an immediate family
member.
G. Death of Family Member. An employee may use paid sick leave credits
for working time used because of a death in the employee's immediate
family or of the employee’s domestic partner, but this shall not exceed
three working days, plus up to two days of work time for necessary travel.
Use of additional accruals including sick leave when appropriate may be
authorized in conjunction with the bereavement leave at the discretion of
the appointing authority.
H. Legal Adoption of a Child. Paid sick leave credits may be used by an
employee upon adoption of the child.
I. Accumulated paid sick leave credits may not be used in the following
situations:
1. Vacation. Paid sick leave credits may not be used for an
employee's illness or injury which occurs while he/she is on
vacation but the County Administrator may authorize it when
extenuating circumstances exist and the appointing authority
approves.
2. Not in Pay Status. Paid sick leave credits may not be used when
the employee would otherwise be eligible to use paid sick leave
credits but is not in pay status.
9.4 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
SECTION 9 - SICK LEAVE
IFPTE, Local 21 33 of 96 2011-2012
thereafter as possible. Notification shall include the reason and
possible duration of the absence.
2. Employees are responsible for keeping their department informed
on a continuing basis of their condition and probable date of return
to work.
3. Employees are responsible for obtaining advance approval from
their supervisor for the scheduled time of pre-arranged personal or
family medical and dental appointment.
4. Employees are encouraged to keep the department advised of (1) a
current telephone number to which sick leave related inquiries may
be directed, and (2) any condition(s) and/or restriction(s) that may
reasonably be imposed regarding specific locations and/or persons
the department may contact to verify the employee's sick leave.
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.
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
SECTION 9 - SICK LEAVE
IFPTE, Local 21 34 of 96 2011-2012
date on which the employee will be able to return to work, as
specified above.
Department heads are responsible for establishing timekeeping
procedures which will insure the submission of a time card covering
each employee absence and for operating their respective offices in
accordance with these policies and with clarifying regulations
issued by the Office of the County Administrator.
To help assure uniform policy application, the Human Resources
Director or designated management staff of the County Human
Resources Department should be contacted with respect to sick
leave determinations about which the department is in doubt.
9.5 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 Human
Resources Director may order lost pay restored for good cause and
subject to the employee's duty to mitigate damages.
D. Before an employee returns to work from any absence for illness or injury,
other leave of absence or disability leave, exceeding two weeks in
duration, the appointing authority may order the employee to undergo at
County expense a physical, medical, and/or psychiatric examination by a
licensed physician, and may consider a report of the findings on such
SECTION 9 - SICK LEAVE
IFPTE, Local 21 35 of 96 2011-2012
examination. If the report shows that such employee is physically or
mentally incapacitated for the performance of duty, the appointing
authority may take such action as he/she deems necessary in accordance
with appropriate provisions of this MOU.
E. Before an employee is placed on an unpaid leave of absence or
suspended because of physical or mental incapacity under (A) or (B)
above, the employee shall be given notice of the proposed leave of
absence or suspension by letter or memorandum, delivered personally or
by certified mail, containing the following:
1. a statement of the leave of absence or suspension proposed;
2. the proposed dates or duration of the leave or suspension which
may be indeterminate until a certain physical or mental health
condition has been attained by the employee;
3. a statement of the basis upon which the action is being taken;
4. a statement that the employee may review the materials upon
which the action is taken;
5. a statement that the employee has until a specified date (not less
than seven (7) workdays 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) workdays to respond to the appointing authority either orally or
in writing before the proposed action may be taken.
H. After having complied with the notice requirements above, the appointing
authority may order the leave of absence or suspension in writing stating
specifically the basis upon which the action is being taken, delivering the
order to the employee either personally or by certified mail, effective either
upon personal delivery or deposit in the U.S. Postal Service.
I. An employee who is placed on leave or suspended under this section
may, within ten (10) calendar days after personal delivery or mailing to the
employee of the order, appeal the order in writing through the Director of
Human Resources to the Merit Board. Alternatively, the employee may
file a written election with the Director of Human Resources waiving the
employee's right to appeal to the Merit Board in favor of appeal to a
Disability Review Arbitrator.
SECTION 9 - SICK LEAVE
IFPTE, Local 21 36 of 96 2011-2012
J. In the event of an appeal either to the Merit Board or the Disability Review
Arbitrator, the employee has the burden of proof to show that either:
1. the physical or mental health condition cited by the appointing
authority does not exist, or
2. the physical or mental health condition does exist, but it is not
sufficient to prevent, preclude, or impair the employee's
performance of duty, or is not sufficient to endanger the health or
safety of the employee, other employees, or the public.
K. If the appeal is to the Merit Board, the order and appeal shall be
transmitted by the Director of Human Resources to the Merit Board for
hearing under the Merit Board's Procedures, Section 1114-1128 inclusive.
Medical reports submitted in evidence in such hearings shall remain
confidential information and shall not be a part of the public record.
L. If the appeal is to a Disability Review Arbitrator, the employee (and his/her
representative) will meet with the County's representative to mutually
select the Disability Review Arbitrator, who may be a de facto arbitrator, or
a physician, or a rehabilitation specialist, or some other recognized
specialist mutually selected by the parties. The arbitrator shall hear and
review the evidence. The decision of the Disability Review Arbitrator shall
be binding on both the County and the employee.
Scope of the Arbitrator's Review.
1. The arbitrator may affirm, modify or revoke the leave of absence or
suspension.
2. The arbitrator may make his/her decision based only on evidence
submitted by the County and the employee.
3. The arbitrator may order back pay or paid sick leave credits for any
period of leave of absence or suspension if the leave or suspension
is found not to be sustainable, subject to the employee's duty to
mitigate damages.
4. The arbitrator's fees and expenses shall be paid one-half by the
County and one-half by the employee or employee's association.
M. It is understood that the benefits specified in Section 9 – Sick Leave and
Section 9.6 – Workers’ Compensation shall be coordinated with the
rehabilitation program as determined by the labor-management
committee.
N. No employee who has been granted a leave without pay or unpaid military
leave shall accrue any sick leave credits during the time of such leave, nor
SECTION 9 - SICK LEAVE
IFPTE, Local 21 37 of 96 2011-2012
shall an employee who is absent without pay accrue sick leave credits
during the absence.
9.6 Workers' Compensation.
A. Workers’ Compensation and Continuing Pay: For all accepted
workers’ compensation claims filed with the County during calendar year
2007, employees will receive eighty percent (80%) of their regular monthly
salary during any period of compensable temporary disability not to
exceed one (1) year. For all accepted workers’ compensation claims filed
with the County on or after January 1, 2008, employees will receive
seventy-five percent (75%) of their regular monthly salary during any
period of compensable temporary disability not to exceed one (1) year.
Pay based on accepted workers’ compensation claims filed before
January 1, 2007, but after December 31, 1999, will be paid as provided in
Resolution No. 2006/22. Pay based on accepted workers’ compensation
claims filed before January 1, 2000, will be paid as provided in resolution
No. 96/488. If workers’ compensation benefits become taxable income,
the County will restore the former benefit level, one hundred percent
(100%) of regular monthly salary.
B. Waiting Period: There is a three (3) calendar day waiting period before
workers’ compensation benefits commence. If the injured worker loses
any time on the date 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 the
injury, the waiting period is the first three (3) days following the date 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.
C. Continuing Pay: A permanent employee will receive the applicable
percentage of regular monthly salary in lieu of workers’ compensation
during any period of compensable temporary disability not to exceed one
year. “Compensable temporary disability absence” for the purpose of this
Section, is any absence due to work-connected disability which qualifies
for temporary disability compensation under workers’ compensation law
set forth in Division 4 of the California Labor Code. When any disability
becomes medically permanent and stationary, the salary provided by this
Section will terminate. No charge will be made against sick leave or
vacation for these salary payments. Sick leave and vacation rights do not
accrue for those periods during which continuing pay is received.
Employees are entitled to a maximum of one (1) year of continuing pay
benefits for any one injury or illness.
Continuing pay begins at the same time that temporary workers’
compensation benefits commence and continues until either the member
SECTION 10 - LEAVE OF ABSENCE
IFPTE, Local 21 38 of 96 2011-2012
is declared medically permanent/stationary, 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 must be
cleared through the County Administrator’s Office, Risk Management
Division.
D. Physician Visits: 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 is allowed time off,
up to three (3) hours for such treatment, without loss of pay or benefits.
Said visits are to be scheduled contiguous to either the beginning or end
of the scheduled workday whenever possible. This provision applies only
to injuries/illnesses that have been accepted by the County as work
related.
E. Method of Integration: An employee’s sick leave and/or vacation
charges will 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 = $1,667 per month salary
8 = 8 hours
C= Hours to be charged to Sick Leave
C = 8 [1 – ($960 ÷ $1,667)]
C = 8 [1- (.5758)]
C= 8 (.4242)
C= 3.39
3 hours chargeable to sick leave
5 hours chargeable to Workers’ Compensation
SECTION 10 - LEAVE OF ABSENCE
10.1 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.
SECTION 10 - LEAVE OF ABSENCE
IFPTE, Local 21 39 of 96 2011-2012
10.2 General Administration - Leaves of Absence. Requests for leave of
absence 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.
Insofar as pregnancy disability leave is used under Section 9.3.D – Sick Leave
Utilization for Pregnancy Disability, that time will not be considered a part of the
eighteen (18) week family leave period. Additionally, an employee may choose to
remain in a pay status by using available sick leave (under conditions specified in
Section 9.3 - Policies Governing the Use of Paid Sick Leave), vacation, floating
holiday or compensatory time off entitlements during the eighteen (18) week
family leave; however, use of accruals must be on a continuous basis from the
beginning of the family leave period and may not be broken into segments used
on a monthly basis. Family leave must be requested at least thirty (30) days prior
to the scheduled leave commencement date unless an exigency arises.
A. Leave without pay may be granted for any of the following reasons:
1. illness, disability, or serious health condition;
2. pregnancy or pregnancy disability;
3. family care;
4. to take a course of study such as will increase the employee's
usefulness on return to the position;
5. for other reasons or circumstances acceptable to the appointing
authority.
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. Procedure in granting extensions shall be the same as that in
granting the original leave, provided that the request for extension must be
made not later than thirty (30) calendar days before the expiration of the
original leave.
D. Nevertheless, a leave of absence for the employee's serious health
condition or for family care (FMLA) shall be granted to an employee who
so requests it for up to eighteen (18) weeks during a “rolling” twelve (12)
month period measured backward from the date the employee uses
his/her FMLA leave in accordance with Section 10.4 - Family Care Leave
or Medical Leave, below.
SECTION 10 - LEAVE OF ABSENCE
IFPTE, Local 21 40 of 96 2011-2012
E. Whenever an employee who has been granted a leave without pay
desires to return before the expiration of such leave, the employee shall
submit a request to the appointing authority in writing at least fifteen (15)
days in advance of the proposed return. Early return is subject to prior
approval by the appointing authority. The Human Resources Department
shall be notified promptly of such return.
F. When a request for leave is denied, the employee’s supervisor will provide
the employee with written reason(s) for the denial. The reason(s) for the
denial must be reasonable and business-related. Except in the case of
leave of absence due to family care, pregnancy, pregnancy disability,
illness, disability, or serious health condition, the decision of the appointing
authority on granting or denying leave or early return from leave shall be
subject to appeal to the Human Resources Director and not subject to
appeal through the grievance procedure set forth in this MOU.
10.3 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 federal or
state laws. Upon the termination of such service or upon honorable discharge,
the employee shall be entitled to return to his/her position in the classified service
provided such still exists and the employee is otherwise qualified, without any
loss of standing of any kind whatsoever.
An employee who has been granted a military leave shall not, by reason of such
absence, suffer any loss of vacation, holiday, or sick leave privileges which may
be accrued at the time of such leave, nor shall the employee be prejudiced
thereby with reference to salary adjustments or continuation of employment. For
purposes of determining eligibility for salary adjustments, 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.
10.4 Family Care Leave or Medical Leave. Upon request to the appointing
authority, during 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 (less if so
requested by the employee) leave for:
A. Medical leave of absence for the employee's own serious health condition
which makes the employee unable to perform the functions of the
employee's position; or
SECTION 10 - LEAVE OF ABSENCE
IFPTE, Local 21 41 of 96 2011-2012
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.
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.
The eighteen (18) weeks' 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 10.8 - Leave 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 part of the eighteen (18) week entitlement.
In the situation where husband and wife are both employed by the County, the
family care or medical leave entitlement based on the birth, adoption or foster
care of a child is limited to an aggregate for both employees together of eighteen
(18) weeks during a “rolling” twelve (12) month period measured backward from
the date the employee uses his/her FMLA leave. Employees requesting family
care leave are required to advise their appointing authority(ies) when their
spouse is also employed by the County.
For medical and family care leaves of absence under this section, the following
definitions apply:
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.
Parent: A biological, foster, or adoptive parent, a stepparent, legal guardian,
conservator, or other person standing in loco parentis to a child.
Spouse: A partner in marriage as defined in California Civil Code Section 4100.
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.
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
SECTION 10 - LEAVE OF ABSENCE
IFPTE, Local 21 42 of 96 2011-2012
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.
Certification for Family Care Leave: A written communication to the employer
from a health care provider of a person for whose care the leave is being taken
which need not identify the serious health condition involved, but shall contain:
1. the date, if known, on which the serious health condition
commenced;
2. the probable duration of the condition;
3. an estimate of the amount of time which the employee needs to
render care or supervision;
4. a statement that the serious health condition warrants the
participation of a family member to provide care during a 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.
Certification for Medical Leave: A written communication from a health care
provider of an employee with a serious health condition or illness, to the
employer, which need not identify the serious health condition involved, but shall
contain:
1. the date, if known, on which the serious health condition
commenced;
2. the probable duration of the condition;
3. a statement that the employee is unable to perform the functions of
the employee's job;
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.
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 positions
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.
SECTION 10 - LEAVE OF ABSENCE
IFPTE, Local 21 43 of 96 2011-2012
10.5 Pregnancy Disability Leave. Insofar as pregnancy disability leave is
used under Section 9.3.d - Sick Leave Utilization for Pregnancy Disability, that
time will not be considered a part of the eighteen (18) week family care leave
period.
10.6 Group Health Plan Coverage. Employees who were members of one of
the group health plans prior to commencement of their leave of absence can
maintain their health plan coverage with the County contribution by maintaining
their employment in pay status as described in Section 10.8 - Leave Without
Pay-Use of Accruals, below. During the eighteen (18) weeks of an approved
medical or family care leave under Section 10.4 - 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 Section 10.8. 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.
10.7 Unauthorized Absence. An unauthorized absence from the work site or
failure to report for duty after a leave request has been disapproved, revoked, or
cancelled by the appointing authority, or at the expiration of a leave, shall be
without pay. Such absence may also be grounds for disciplinary action.
10.8 Leave Without Pay - Use of Accruals.
A. All Leaves of Absence. During the first twelve (12) month period of any
leave of absence without pay, an employee may elect to maintain pay
status each month by using available sick leave (if so entitled under
Section 9.3 - Policies Governing the Use of Paid Sick Leave), vacation,
floating holiday, compensatory time off or other accruals or entitlements; in
other words, during the first twelve (12) months, a leave of absence
without pay may be "broken" into segments and accruals used on a
monthly basis at the employee's discretion. After the first twelve (12)
months, the leave period may not be "broken" into segments and accruals
may not be used, except when required by LTD Benefit Coordination or as
provided in the sections below.
B. Family Care or Medical Leave. During the eighteen (18) weeks of an
approved medical or family care leave, if a portion of that leave will be on
a leave of absence without pay, the employee will be required to use at
least 0.1 hour of sick leave (if so entitled under Section 9.3 - Policies
Governing the Use of Paid Sick Leave), vacation, floating holiday,
compensatory time off or other accruals or entitlements if such are
available, although use of additional accruals is permitted under
subsection A above.
C. Leave of Absence/Long Term Disability (LTD) Benefit Coordination. An
eligible employee who files an LTD claim and concurrently takes a leave
SECTION 10 - LEAVE OF ABSENCE
IFPTE, Local 21 44 of 96 2011-2012
of absence without pay will be required to use accruals as provided in
Section B herein during the eighteen (18) week entitlement period of a
medical leave specified in Section 10.4 - Family Care Leave or Medical
Leave 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 A herein.
D. Sick leave accruals may not be used during any leave of absence, except
as allowed under Section 9.3 - Policies Governing the Use of Paid Sick
Leave.
10.9 Leave of Absence Replacement and Reinstatement. Any permanent
employee who requests reinstatement to the classification held by the employee
in the same department at the time the employee was granted a leave of
absence, shall be reinstated to a position in that classification and department,
and then only on the basis of seniority. In case of severance from service by
reason of the reinstatement of a permanent employee, the provisions of Section
7-Seniority, Workforce Reduction, Layoff & Reassignment shall apply.
10.10 Reinstatement from Family Care Medical Leave. In the case of a family
care or medical leave, an employee on a 5/40 schedule shall be reinstated to the
same or comparable position if the return to work is after no more than 90 work
days of leave from the initial date of a continuous leave, including use of
accruals, or within the equivalent on an alternate work schedule. A full time
employee taking an intermittent or reduced work schedule leave shall be
reinstated to the same or comparable position if the return to work on a full
schedule is after no more than 720 hours, including use of accruals, of
intermittent or reduced 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.
10.11 Salary Review While on Leave of Absence. The salary of an employee
who is on leave of absence from a County position on any anniversary date and
who has not been absent from the position on leave without pay more than six
(6) months during the preceding year shall be reviewed on the anniversary date.
Employees on military leave shall receive salary increments that may accrue to
them during the period of military leave.
10.12 Furlough Days Without Pay. Subject to the prior written approval of the
appointing authority, employees may elect to take furlough days or hours without
pay (pre-authorized absence without pay), up to a maximum of fifteen (15)
calendar days for any one period. Longer pre-authorized absences without pay
are considered leaves of absence without pay. Employees who take furlough
time shall have their compensation for the portion of the month worked computed
in accord with Section 5.6 - Compensation for Portion of Month of this MOU. Full
time and part time employees who take furlough time shall have their vacation,
SECTION 11 - JURY DUTY AND WITNESS DUTY
IFPTE, Local 21 45 of 96 2011-2012
sick leave, floating holiday and any other payroll-computed accruals computed as
though they had worked the furlough time. When computing vacation, sick leave,
floating holiday and other accrual credits for employees taking furlough time, this
provision shall supersede Section 6.2 - Holidays, Subsection 6.1.b, Section 8 -
Vacation Allowance, and Section 9 - Sick Leave, of this MOU regarding the
computation of vacation, sick leave, floating holiday and other accrual credits as
regards furlough time only. For payroll purposes, furlough time (absence without
pay with prior authorization of the appointing authority) shall be reported
separately from other absences without pay to the Auditor-Controller. The
existing VTO program shall be continued for the life of the contract.
SECTION 11 - JURY DUTY AND WITNESS DUTY
11.1 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, Federal Court, or for a Coroner's
jury, employees may remain in their regular 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 allowances), 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
court certificate to his/her department where it shall be retained as
a department record. No "Absence/Overtime Record" must be
submitted to the department payroll clerk.
2. An employee who elects to retain all fees must take leave
(vacation, floating holiday, etc.) or leave without pay. No court
certificate is required but an "Absence/Overtime Record" must be
submitted to the department payroll clerk.
SECTION 12 – HEALTH, DENTAL, AND RELATED BENEFITS
IFPTE, Local 21 46 of 96 2011-2012
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. Participants in 9/80 or 4/10 work schedules will not receive
overtime or compensatory time credit for jury duty on their scheduled days
off.
H. Permanent-intermittent employees are entitled to paid jury duty leave only
for those days on which they were previously scheduled to work.
11.2 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. Part-time employees
who give depositions on a regular day off will be paid at the straight time rate.
Scheduling of depositions which would incur premium pay shall be at the
discretion of the appointing authority or designee.
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 above. Employees shall advise their department as soon as
possible if scheduled to appear for witness duty. Permanent-intermittent
employees are entitled to paid witness duty only for those days on which they
were previously scheduled to work.
SECTION 12 – HEALTH, DENTAL, AND RELATED BENEFITS
12.1 Health Plan Coverages: The County will provide the medical and dental
coverage for permanent employees regularly scheduled to work twenty
(20) hours or more per week and for their eligible family members,
expressed in one of the Health Plan contracts and one of the Dental Plan
contracts between the County and the following providers:
A. Contra Costa Health Plans (CCHP)
B. Kaiser Permanente Health Plan
SECTION 12 – HEALTH, DENTAL, AND RELATED BENEFITS
IFPTE, Local 21 47 of 96 2011-2012
C. Health Net
D. Delta Dental
E. DeltaCare (PMI)
Employee co-pays for these plans are shown on Appendix D.
12.2 County Health and Dental Plan Contribution Rates:
A. For each health and/or dental plan, the County’s monthly premium
subsidy is a set dollar amount and is not a percentage of the premium
charged by the plan. The County will pay the following monthly premium
subsidy:
1. Contra Costa Health Plans (CCHP), Plan A
Single: $ 509.92
Family: $1,214.90
2. Contra Costa Health Plans (CCHP), Plan B
Single: $ 528.50
Family: $1,255.79
3. Kaiser Permanente Health Plan
Single: $ 478.91
Family: $1,115.84
4. Health Net HMO, and EPO
Single: $ 627.79
Family: $1,540.02
5. Health Net PPO
Single: $ 604.60
Family: $1,436.25
6. Delta Dental with CCHP A or B
Single: $41.17
Family: $93.00
7. Delta Dental with Kaiser or Health Net
Single: $34.02
Family: $76.77
8. Delta Dental without a Health Plan
Single: $43.35
Family: $97.81
9. DeltaCare (PMI) with CCHP A or B
Single: $25.41
Family: $54.91
SECTION 12 – HEALTH, DENTAL, AND RELATED BENEFITS
IFPTE, Local 21 48 of 96 2011-2012
10. DeltaCare (PMI) with Kaiser or Health Net
Single: $21.31
Family: $46.05
11. DeltaCare (PMI) without a Health Plan
Single: $27.31
Family: $59.03
B. If the County contracts with a health or dental plan that is not listed
above, the County will determine the monthly dollar premium
subsidy that it will pay to that health plan for employees and their
eligible family members.
C. In the event that the County premium subsidy amounts are greater
than one hundred percent (100%) of the applicable premium of any
health or dental plan, for any plan year, the County’s contribution
will not exceed one hundred percent (100%) of the applicable plan
premium.
12.3 Retirement Coverage:
A. Upon Retirement:
1. Upon retirement, eligible employees and their eligible family
members may remain in their County health/dental plan, but
without County-paid life insurance coverage, if immediately
before their proposed retirement the employees and
dependents are either active subscribers to one of the
County contracted health/dental plans or if while on
authorized leave of absence without pay, they have retained
continuous coverage during the leave period. The County
will pay the health/dental plan monthly premium subsidies
set forth in Section 12.2 (A) for eligible retirees and their
eligible family members.
2. Any person who becomes age 65 on or after January 1,
2009 and who is eligible for Medicare must immediately
enroll in Medicare Parts A and B.
3. For employees hired on or after January 1, 2009 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 a county health and/or
dental plan provided that (i) he or she begins to receive a
monthly retirement allowance from CCCERA within 120 days
of separation from County employment and (ii) he or she
SECTION 12 – HEALTH, DENTAL, AND RELATED BENEFITS
IFPTE, Local 21 49 of 96 2011-2012
pays the full premium cost under the health and/or dental
plan without any County premium subsidy.
B. Employees Who File For Deferred Retirement: Employees, who
resign and file for a deferred retirement and their eligible family
members, may continue in their County group health and/or dental
plan under the following conditions and limitations.
1. Health and dental coverage during the deferred retirement
period is totally at the expense of the employee, without any
County contributions.
2. Life insurance coverage is not included.
3. To continue health and dental coverage, the employee must:
a. be qualified for a deferred retirement under the 1937
Retirement Act provisions;
b. be an active member of a County group health and/or
dental plan at the time of filing their deferred
retirement application and elect to continue plan
benefits;
c. be eligible for a monthly allowance from the
Retirement System and direct receipt of a monthly
allowance within twenty-four (24) months of
application for deferred retirement; and
d. file an election to defer retirement and to continue
health benefits hereunder with the County Benefits
Division within thirty (30) days before separation from
County service.
4. Deferred retirees who elect continued health benefits
hereunder and their eligible family members may maintain
continuous membership in their County health and/or dental
plan group during the period of deferred retirement by paying
the full premium for health and dental coverage on or before
the 10th of each month, to the Contra Costa County Auditor-
Controller. When the deferred retirees begin to receive
retirement benefits, they will qualify for the same health
and/or dental coverage pursuant to subsection (a) above, as
similarly situated retirees who did not defer retirement.
5. Deferred retirees may elect retiree health benefits hereunder
without electing to maintain participation in their County
health and/or dental plan during their deferred retirement
period. When they begin to receive retirement benefits, they
will qualify for the same health and/or dental coverage
pursuant to subsection (A) above, as similarly situated
retirees who did not defer retirement, provided reinstatement
SECTION 12 – HEALTH, DENTAL, AND RELATED BENEFITS
IFPTE, Local 21 50 of 96 2011-2012
to a County group health and/or dental plan will only occur
following a three (3) full calendar month waiting period after
the month in which their retirement allowance commences.
6. Employees who elect deferred retirement will not be eligible
in any event for County health and/or dental plan subvention
unless the member draws a monthly retirement allowance
within twenty-four (24) months after separation from County
service.
7. Deferred retirees and their eligible family members are
required to meet the same eligibility provisions for retiree
health/dental coverage as similarly situated retirees who did
not defer retirement.
C. Employees Hired After December 31, 2006 - Eligibility for Retiree
Health Coverage: All employees hired after December 31, 2006
are eligible for retiree health/dental coverage pursuant to
subsections (A) and (B), above, upon completion of fifteen (15)
years of service as an employee of Contra Costa County. For
purposes of retiree health eligibility, one year of service is defined
as one thousand (1,000) hours worked within one anniversary year.
The existing method of crediting service while an employee is on an
approved leave of absence will continue for the duration of this
Agreement.
D. Subject to the provisions of Section 12.3 subparts (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: each employee who retires from a position
or classification that was represented by this bargaining unit at the
time of his or her retirement.
E. For purposes of this Section 12.3 only, “eligible family members”
does not include Survivors of employees or retirees.
12.4 Layoff and Other Loss of Coverage:
A. If a husband and wife both work for the County and one (1) of them
is laid off, the remaining employee, if eligible, will be allowed to
enroll or transfer into the health and/or dental coverage
combination of his/her choice.
B. An eligible employee who loses medical or dental coverage through
a spouse or partner not employed by the County will be allowed to
enroll or transfer into the County health and/or dental plan of his/her
SECTION 12 – HEALTH, DENTAL, AND RELATED BENEFITS
IFPTE, Local 21 51 of 96 2011-2012
choice within thirty (30) days of the date coverage is no longer
afforded under the spouse’s plan.
12.5 Health Plan Coverages and Provisions: The following provisions are
applicable to 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 and permanent-intermittent employees may
participate in the County Health and/or Dental plans (with the
associated life insurance benefit) at the employee’s full expense.
B. Employee Contribution Deficiencies: The County’s contributions to
the Health Plan and/or Dental Plan premiums are payable for any
month in which the employee is paid. If an employee’s
compensation in any month is not sufficient to pay the employee
share of the premium, the employee must make up the difference
by remitting the unpaid amount to the Auditor-Controller. The
responsibility for this payment rests solely with the employee.
C. Leave of Absence: The County will continue to pay the County
shares of health and/or dental plan premiums for enrolled
employees who are on an approved paid or unpaid leave of
absence for a period of thirty (30) days or more provided the
employee’s share of the premiums are paid by the employee.
D. 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.
12.6 Family Member Eligibility Criteria: The following persons may be
enrolled as the eligible Family Members of a medical and/or dental plan
Subscriber:
A. Health Insurance
1. Eligible Dependents:
a. Employee’s legal spouse
b. Employee’s qualified domestic partner
c. Employee’s child to age 26
d. Employee’s disabled child who is over age 26, unmarried,
and incapable of sustaining employment due to a physical or
mental disability that existed prior to the child’s attainment of
age 19.
SECTION 12 – HEALTH, DENTAL, AND RELATED BENEFITS
IFPTE, Local 21 52 of 96 2011-2012
2. “Employee’s child” includes natural child, step-child, adopted child,
child of a qualified domestic partner, and a child specified in a
Qualified Medical Child Support Order (QMCSO) or similar court
order.
B. Dental Insurance
1. Eligible Dependents:
a. Employee’s legal spouse
b. Employee’s qualified domestic partner
c. Employee’s unmarried child who is:
(1) under age 19; or
(2) Age 19, or above, but under age 24; and
who
i. Resides with the employee for more than 50%
of the year, excluding time living at school;
and,
ii. Receives at least 50% of support from
employee; and,
iii. Is enrolled and attends school on a full-time
basis, as defined by the school.
d. Employee’s disabled child who is over age 19, unmarried,
and incapable of sustaining employment due to a physical or
mental disability that existed prior to the child’s attainment of
age 19.
2. “Employee’s child” includes natural child, step-child, adopted child,
child of a qualified domestic partner, and a child specified in a
Qualified Medical Child Support Order (QMCSO) or similar court
order.
12.7 Dual Coverage:
A. Each employee and retiree may be covered by only 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. All dependents, as defined in Section 12.6, Family Member Eligibility
Criteria, may be covered by the health and/or dental plan of only one
spouse or one domestic partner. For example, when both husband and
wife are County employees, all of their eligible children may be covered as
dependents of either the husband or the wife, but not both.
C. For purposes of this Section 12.7 (Dual Coverage) only, “County” includes
the County of Contra Costa and all special districts governed by the Board
SECTION 12 – HEALTH, DENTAL, AND RELATED BENEFITS
IFPTE, Local 21 53 of 96 2011-2012
of Supervisors, including but not limited to, the Contra Costa County Fire
Protection District.
12.8 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.
12.9 Supplemental Life Insurance: In addition to the life insurance benefits
provided by this resolution, 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.
12.10 Catastrophic Leave Bank: All employees are included in the
Catastrophic Leave Bank and may designate a portion of accrued vacation,
compensatory time, holiday compensatory time, or personal holiday credit to be
deducted from the donor’s existing balances and credited to the bank or to a
specific eligible employee.
A. The County Human Resources Department operates 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 personal holiday credit
be deducted from those account(s) and credited to the Catastrophic Leave
Bank. Employees may donate hours either to a specific eligible employee
or to the bank. Upon approval, credits from the Catastrophic Leave Bank
may be transferred to a requesting employee’s sick leave account so that
employees may remain in paid status for a longer period of time, thus
partially ameliorating the financial impact of the illness, injury or condition.
Catastrophic illness or injury is defined as a critical medical condition, a
long-term major physical impairment or disability that manifests itself
during employment.
B. The plan is administered under the direction of the Director of Human
Resources. The Human Resources Department is 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 is 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 will meet once a
month if necessary, to consider all requests for credits and will make
determinations as to the appropriateness of the request. The committee
will determine the amount of accruals to be awarded for employees whose
SECTION 12 – HEALTH, DENTAL, AND RELATED BENEFITS
IFPTE, Local 21 54 of 96 2011-2012
donations are non-specific. Consideration of all requests by the
committee will be on an anonymous requester basis.
C. Hours transferred from the Catastrophic Leave Bank to a recipient will be
in the form of sick leave accruals and will be treated as regular sick leave
accruals.
D. To receive credits under this plan, an employee must have permanent
status, 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.
E. 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 from balances in the vacation,
holiday, personal holiday, compensatory time or holiday compensatory
time accounts. Employees who elect to donate to a specific individual will
have seventy-five percent (75%) of their donation credited to the individual
and twenty-five percent (25%) credited to the Catastrophic Leave Bank.
F. 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.
G. Each recipient is limited to a total of one thousand forty (1040) hours or its
equivalent per catastrophic event; each donor is limited to one hundred
twenty (120) hours per calendar year.
H. All appeals from either a donor or recipient will be resolved on a final basis
by the Director of Human Resources.
I. No employee has any entitlement to catastrophic leave benefits. The
award of Catastrophic Leave is 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 may limit benefits in accordance with available
contributions and choose from among eligible applicants on an
anonymous basis those who will receive benefits, except for hours
donated to a specific employee. In the event a donation is made to a
specific employee and the committee determines the employee does not
meet the Catastrophic Leave Bank criteria, the donating employee may
authorize the hours to be donated to the bank or returned to the donor’s
account.
SECTION 13 - PROBATIONARY PERIOD
IFPTE, Local 21 55 of 96 2011-2012
J. Any unused hours transferred to a recipient will be returned to the
Catastrophic Leave Bank.
12.11 Health Care Spending Account: After six (6) months of permanent
employment, full time and part time (20/40 or greater) employees may elect to
participate in a Health Care Spending Account (HCSA) Program 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 five thousand
dollars ($5,000) 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.
12.12 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.
12.13 Dependent Care Assistance Program: The County offers the option of
enrolling in a Dependent Care Assistance Program (DCAP) designed to qualify
for tax savings under Section 129 of the Internal Revenue Code, but such
savings are not guaranteed. The program allows employees to set aside up to
five thousand dollars ($5,000) of annual salary (before taxes) per calendar year
to pay for eligible dependent care (child and elder care) expenses. Any unused
balance is forfeited and cannot be recovered by the employee.
12.14 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.
12.15 Prevailing Section: To the extent that any provision of this Section
(Section 12. Health, Dental, and Related Benefits) is inconsistent with any
provision of any other County enactment or policy, including but not limited to
Administrative Bulletins, the Salary Regulations, the Personnel Management
Regulations, or any other resolution or order of the Board of Supervisors, the
provision(s) of this Section (Section 12. Health, Dental, and Related Benefits)
will prevail.
SECTION 13 - PROBATIONARY PERIOD
13.1 Duration. All appointments from officially promulgated employment lists
for original entrance and promotion shall be subject to a probationary period. For
original entrance appointments, the probationary period shall be from six (6)
months to one (1) year duration. For promotional appointments, the probation
period shall be from six (6) months to one (1) year duration.
SECTION 13 - PROBATIONARY PERIOD
IFPTE, Local 21 56 of 96 2011-2012
13.2 Classes With Probationary Period Over Six Months. Listed below are
those classes represented by the Union which have probation periods in excess
of six (6) months for original entrance appointments and six (6) months for
promotional appointments:
CLASSIFICATION JOB CODE MONTHS
ANIMAL SVCS LIEUTENANT BJHB 12
AUTOMATED CALL DIS COORD I LBWB 9
AUTOMATED CALL DIS COORD II LBNA 9
AUTOMATED CALL DIST ADMINISTRA LBSC 9
BUSINESS SYSTEMS ANALYST LTWK 9
BUSINESS SYSTEMS MANAGER LTNE 9
CHILD SPPRT BUSINESS SVCS MNGR APSE 12
CHILD SPPRT SUPERVISOR SMNA 12
CLERK-RECORDER SVCS MANAGER EASA 12
COMMUNITY WARNING SYS MANAGER 64NE 9
COMPUTER OPERATIONS ANALYST LKVA 9
COMPUTER OPERATIONS MANAGER LKGA 9
COMPUTER OPERATIONS SUPERVISOR LKHA 9
DATABASE ADMINISTRATOR LWSA 9
ELECTIONS SVCS MANAGER EBSA 12
EMERGENCY PLANNING COORD 9GSA 12
FIRE DISTRICT INFO SYST MANGR LTNC 9
INFO SYS MANAGER I LTNA 9
INFO SYS PROGRAMMER/ANALYST I LPWA 9
INFO SYS PROGRAMMER/ANALYST II LPVA 9
INFO SYS PROGRAMMER/ANALYST IV LPNB 9
INFO SYS PROGRAMMER/ANLYST III LPTB 9
INFO SYS PROJECT MANAGER LPNA 9
INFO TECH PROJECT MANAGER LBSB 9
INMATE INDUST ENGRAVE PROG SUP 64HG 9
INMATE INDUST SUPERVISOR 64HF 9
LIABILITY CLAIMS ADJUSTER AJWF 12
MANAGER CENTRAL ID SVCS 64DB 9
NETWORK ADMINISTRATOR I LNSA 9
NETWORK ADMINISTRATOR II LNSB 9
NETWORK ANALYST I LBVA 9
NETWORK ANALYST II LBTA 9
NETWORK MANAGER LBHA 9
NETWORK TECHNICIAN I LNWA 9
NETWORK TECHNICIAN II LNVA 9
PLANNER I 5AWA 12
PW GIS COORDINATOR LWSB 9
RECORDS MANAGER 64HE 9
SECTION 13 - PROBATIONARY PERIOD
IFPTE, Local 21 57 of 96 2011-2012
SHERIFF DIR OF PROP EVIDENCE 64FG 9
SHERIFF'S TELECOM TECH MANAGER PEDD 9
SR BUSINESS SYSTEMS ANALYST LTVJ 9
SR EMERGENCY PLANNING COORD 9GWB 12
SR EMERGENCY PLNG COORD -PROJ 9GW1 12
SR TRANSPORTATION PLANNER 5AHB 12
SR WORKERS COMP CLAIMS ADJS AJTC 12
SYSTEMS SOFTWARE ANALYST I LWWA 9
SYSTEMS SOFTWARE ANALYST II LWVA 9
TRANSPORTATION PLANNER 5ATB 12
VICT/WIT ASSISTANCE PROG MNGR 2KHA 12
WORKERS COMP CLAIMS ADJUST II AJVF 12
WORKERS COMP CLAIMS ADJUSTER I AJWJ 12
WORKERS COMP CLAIMS SUPERVISOR AJHB 12
13.3 Revised Probationary Period. When the probationary period for a class
is changed, only new appointees to positions in the classification shall be subject
to the revised probationary period.
13.4 Criteria. The probationary period shall date from the time of appointment
to a permanent position after certification from an eligible list. It shall not include
time served under provisional appointment or under appointment to limited term
positions or any period of continuous leave of absence without pay or period of
work connected disability exceeding fifteen (15) calendar days.
For those employees appointed to permanent-intermittent positions with a six (6)
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 six (6) calendar months from the beginning of probation. If a
permanent-intermittent probationary employee is reassigned to full-time, credit
toward probation completion in the full-time position shall be prorated on the
basis of one hundred seventy-three (173) hours per month.
13.5 Rejection During Probation. An employee who is rejected during the
probation period and restored to the eligible list shall begin a new probationary
period if subsequently certified and appointed.
A. Appeal from Rejection. Notwithstanding any other provisions of this
section, an employee (probationer) shall have the right to appeal from any
rejection during the probationary period based on political, or religious or
union activities, or race, color, national origin, sex, age, disability, or
sexual orientation.
B. The appeal must be written, must be signed by the employee and set forth
the grounds and facts by which it is claimed that grounds for appeal exist
under Subsection A and must be filed through the Director of Human
SECTION 13 - PROBATIONARY PERIOD
IFPTE, Local 21 58 of 96 2011-2012
Resources to the Merit Board by 5:00 p.m. on the seventh (7th) calendar
day after the date of delivery to the employee of notice of rejection.
C. The Merit Board shall consider the appeal, and if it finds probable cause to
believe that the rejection may have been based on grounds prohibited in
Subsection A, it may refer the matter to a Hearing Officer for hearing,
recommended findings of fact, conclusions of law and decision, pursuant
to the relevant provisions of the Merit Board rules in which proceedings
the rejected probationer has the burden of proof.
D. If the Merit Board finds no probable cause for a hearing, it shall deny the
appeal. If, after hearing, the Merit Board upholds the appeal, it shall direct
that the appellant be reinstated in the position and the appellant shall
begin a new probationary period unless the Merit Board specifically
reinstates the former period.
13.6 Regular Appointment. The regular appointment of a probationary
employee will begin on the day following the end of the probationary period. A
probationary employee may be rejected at any time during the probation period
without regard to the Skelly provisions of this Memorandum, without notice and
without right of appeal or hearing, except as provided in Section 13.5.A. This
provision only applies to those probationary employees whose probationary
periods end more than sixty (60) days after the date this Memorandum of
Understanding is adopted by the Board of Supervisors.
Notwithstanding any other provisions of the MOU, an employee rejected during
the probation period from a position in the Merit System to which the employee
had been promoted or transferred from an eligible list, shall be restored to a
position in the department from which the employee was promoted or
transferred.
An employee dismissed for other than disciplinary reasons within six (6) months
after being promoted or transferred from a position in the Merit System to a
position not included in the Merit System shall be restored to a position in the
classification in the department from which the employee was promoted or
transferred.
A probationary employee who has been rejected or has resigned during
probation shall not be restored to the eligible list from which the employee was
certified unless the employee receives the affirmative recommendation from the
appointing authority and is certified by the Director of Human Resources whose
decision is final. The Director of Human Resources shall not certify the name of a
person restored to the eligible list to the same appointing authority by whom the
person was rejected from the same eligible list, unless such certification is
requested in writing by the appointing authority.
13.7 Layoff During Probation. An employee who is laid off during probation,
if reemployed in the same class by the same department, shall be required to
complete only the balance of the required probation. If reemployed in another
SECTION 14 – PROMOTION
IFPTE, Local 21 59 of 96 2011-2012
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.
13.8 Rejection During Probation of Layoff Employee. An employee who
has achieved permanent status in the class before layoff and who subsequently
is appointed from the layoff list and then rejected during the probation period
shall be automatically restored to the layoff list, unless discharged for cause, if
the person is within the period of layoff eligibility. The employee shall begin a
new probation period of subsequently certified and appointed in a different
department or classification than that from which the employee was laid off.
SECTION 14 – PROMOTION
14.1 Competitive Exam. Promotion shall be by competitive examination
unless otherwise provided in this MOU.
14.2 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.
14.3 Open Exam. If an examination for one of the classes represented by the
Union is proposed to be announced on an open only basis, the Director of
Human Resources shall give five (5) days prior notice of such proposed
announcement and shall meet at the request of the Union to discuss the reasons
for such open announcement.
14.4 Promotion via Reclassification Without Examination. Notwithstanding
other provisions of this Section, an employee may be promoted from one
classification to a higher classification and his/her position reclassified at the
request of the appointing authority and under the following conditions:
A. An evaluation of the position(s) in question must show that the duties and
responsibilities have significantly increased and constitute a higher level of
work.
B. The incumbent of the position must have performed at the higher level for
one (1) year.
C. The incumbent must meet the minimum education and experience
requirements for the higher class.
D. The action must have approval of the Director of Human Resources.
SECTION 15 – RELEASE TIME FOR EXAMINATIONS
IFPTE, Local 21 60 of 96 2011-2012
E. The Union approves such action.
The appropriate rules regarding probationary status and salary on promotion are
applicable.
14.5 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.
14.6 Seniority Credits. Employees who have qualified to take promotional
examinations and who have earned a total score, not including seniority credits,
of seventy percent (70%) or more, shall receive, in addition to all other credits,
five one hundredths of one (.05) percent 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.
14.7 Disqualification From Taking Examination. If disqualified from taking
an examination, an employee may utilize the appeal process specified in the
Personnel Management Regulations for employees disqualified from taking an
examination.
SECTION 15 – RELEASE TIME FOR EXAMINATIONS
Permanent employees will be granted release time from work, without loss of
pay, to take County examinations or to interview for a County position, provided
the employee gives the Department sufficient notice of the need for time off.
Managers conducting interviews should provide an adequate and appropriate
schedule for the interview to ensure that any operational impact that may be
caused by an employee’s absence to attend the interview will be minimized.
SECTION 16 – CERTIFICATION RULE
16.1 Order of Certification From Lists. The order of certification from
employment lists or any class will be first, layoff list; second, reemployment list if
mandatory on the appointing authority or if requested by an appointing authority;
third, promotional employment list; and fourth, open employment list. However,
SECTION 17 – TRANSFERS
IFPTE, Local 21 61 of 96 2011-2012
the Director of Human Resources may determine a different order of certification
priority for a specific classification.
16.2 Number of Names to be Certified For Management Classes. For non-
represented management, supervisory and administrative classifications, and for
represented classifications when agreed to by a Memorandum of Understanding,
upon the request of the appointing authority and subject to the approval of the
Director of Human Resources, the entire employment list may be referred in rank
order.
A. The request of the appointing authority and the approval of the Director of
Human Resources must be obtained prior to administration of the
competitive examination. Absent timely request and approval, certification
will be governed by Section 706 of the Personnel Management
Regulations.
B. When the entire employment list is certified, the appointing authority must,
before selection, contact the eligibles and interview all interested eligibles
above the rank of the person selected for appointment.
SECTION 17 – TRANSFERS
17.1 Transfer is the change of an employee to another position in the same
class in a different department, or to another position in a class which is allocated
to a salary schedule the top step of which is within five (5) percent of the top step
of the class previously occupied in the same or a different department or as
otherwise defined in deep class ordinances or resolutions. Any employee or
appointing authority may request a transfer by advising the Director of Human
Resources, in writing, stating the reason(s) for the request. Upon consent of the
appointing authority(s) and the employee involved, the Director of Human
Resources shall approve a transfer within the employee’s classification. If the
transfer is to a position in a different class, the Director of Human Resources
must determine that it is a comparable position. Transfers may also be
accomplished through the regular examination and appointment procedures.
17.2 Transfer Without Examination. After consultation with the appropriate
appointing authority(s), the Director of Human Resources may transfer an
employee from one job classification to another job classification without
examination under the following conditions:
A. The duties and responsibilities of the position from which the employee is
being transferred from are within the occupational area or directly
associated with the duties and responsibilities of the position to which the
employee is being transferred.
B. The transfer is deemed appropriate by a review of the particular duties
and responsibilities of the position under consideration.
SECTION 18 - RESIGNATIONS
IFPTE, Local 21 62 of 96 2011-2012
C. The employee must possess the minimum qualifications for the job
classification to which the employee is being transferred.
D. The employee must serve the probationary period required for the
classification into which the employee is being transferred.
E. An employee rejected during probationary period or who resigns during
the probationary period for other than disciplinary reasons shall have the
right at that time to be restored to a position in the classification in the
department from which the employee was transferred.
17.3 Transfer Conditions. The following conditions are required in order to
qualify for transfer:
A. The position shall be in the same class, or if in a different class shall have
been determined by the Director of Human Resources to be appropriate
for transfer on the basis of minimum qualifications and qualifying
procedure.
B. The employee shall have permanent status in the merit system and shall
be in good standing.
C. The appointing authority or authorities involved in the transaction shall
have indicated their agreement in writing.
D. The employee concerned shall have indicated agreement to the change in
writing.
E. The Director of Human Resources shall have approved the change.
Notwithstanding the foregoing, transfer may also be accomplished through
the regular appointment procedure provided that the individual desiring
transfer has eligibility on a list for a class for which appointment is being
considered.
17.4 Transfer Policy. Any employee or appointing authority who desires to
initiate a transfer may inform the Director of Human Resources in writing of such
desire stating the reasons therefore. The Director of Human Resources shall if he
or she considers that the reasons are adequate and that the transfer will be for
the good of the County service and the parties involved, inform the appointing
authority or authorities concerned and the employee of the proposal and may
take the initiative in accomplishing the transfer.
SECTION 18 - RESIGNATIONS
An employee's voluntary termination of service is a resignation. Written
resignations shall be forwarded to the Human Resources Department by the
appointing authority immediately on receipt, and shall indicate the effective date
of termination. Oral resignation shall be immediately confirmed by the appointing
SECTION 18 - RESIGNATIONS
IFPTE, Local 21 63 of 96 2011-2012
authority in writing to the employee and to the Human Resources Department
and shall indicate the effective date of termination.
18.1 Resignation in Good Standing. A resignation giving the appointing
authority written notice at least two (2) weeks in advance of the last date of
service (unless the appointing authority requires a longer period of notice, or
consents to the employee's terminating on shorter notice) is a resignation in good
standing.
18.2 Constructive Resignation. A constructive resignation occurs and is
effective when:
A. An employee has been absent from duty for five (5) consecutive working
days without leave; and
B. five (5) more consecutive work days have elapsed without response by
the employee after the mailing of a notice of resignation by certified mail
by the appointing authority to the employee at the employee's last known
address.
18.3 Expressed Resignation. A resignation is effective when delivered or
spoken to the appointing authority, operative either on that date or another date
specified.
18.4 Revocation. A resignation that is effective is revocable only by written
concurrence of the employee and the appointing authority.
18.5 Coerced Resignations.
A. Time Limit. A resignation which the employee believes has been coerced
by the appointing authority may be revoked within seven (7) calendar days
after its expression, by serving written notice on the Director of Human
Resources and a copy 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 acknowledgement.
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 Director of Human Resources.
D. Disposition. If the Director of Human Resources 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 pay, subject to the employee's duty to mitigate damages.
SECTION 19 - DISMISSAL, SUSPENSION, DEMOTION OR
REDUCTION IN PAY
IFPTE, Local 21 64 of 96 2011-2012
18.6 Eligibility for Reemployment. Within one (1) year of resignation in good
standing from County service, a person who has had permanent status which
included satisfactory completion of probation may make application by letter to
the Director of Human Resources for placement on a reemployment list as
follows: The class from which the person resigned, or any one class of equal or
lesser rank in the occupational series and in which the person had previously
attained permanent status, or for any class or deep class which has replaced the
class in which the person previously had status, provided that the person meets
the minimum requirements for the new class. If the appointing authority of the
department from which the person resigned recommends reemployment, the
Director of Human Resources shall grant reemployment privileges to the person.
If the appointing authority does not recommend reemployment, the employee
may appeal to the Director of Human Resources. Consideration of names from a
reemployment list is mandatory if the appointing authority recommended
reemployment of the individual(s) listed but is optional for other appointing
authorities.
SECTION 19 - DISMISSAL, SUSPENSION, DEMOTION OR REDUCTION IN
PAY
19.1 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 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. inefficiency,
F. insubordination,
G. being at work under the influence of liquor or drugs, carrying onto the
premises liquor or drugs or consuming or using liquor or drugs during work
hours and/or on County premises,
H. neglect of duty (i.e. non-performance of assigned responsibilities),
I. negligent or willful damage to public property or waste of public supplies or
equipment,
SECTION 19 - DISMISSAL, SUSPENSION, DEMOTION OR
REDUCTION IN PAY
IFPTE, Local 21 65 of 96 2011-2012
J. violation of any lawful or reasonable regulation or order given by a
supervisor or Department Head,
K. willful violation of any of the provisions of the merit system ordinance or
Personnel Management Regulations.
L. material and intentional misrepresentation or concealment of any fact in
connection with obtaining employment,
M. misappropriation of County funds or property,
N. unreasonable failure or refusal to undergo any physical, medical and/or
psychiatric exam and/or treatment authorized by this MOU,
O. dishonesty or theft,
P. excessive or unexcused absenteeism and/or tardiness,
Q. sexual harassment, including but not limited to unwelcome sexual
advances, requests for sexual favors, and other verbal, or physical
conduct of a sexual nature, when such conduct has the purpose or effect
of affecting employment decisions concerning an individual, or
unreasonably interfering with an individual's work performance, or creating
an intimidating and hostile working environment.
19.2 Notice of Proposed Action. Before taking a disciplinary action to
dismiss, suspend, for more than three (3) work days, temporarily reduce the pay
of, or demote an employee, the appointing authority shall cause to be served
personally or by certified mail, on the employee, a Notice of Proposed Action,
which shall contain the following:
A. A statement of the action proposed to be taken.
B. A copy of the charges; including the acts or omissions and grounds upon
which the action is based.
C. If it is claimed that the employee has violated a rule or regulation of the
County, department or district, a copy of said rule shall be included with
the notice.
D. A statement that the employee may review and request copies of
materials upon which the proposed action is based.
E. A statement that the employee has seven (7) calendar days to respond to
the appointing authority either orally or in writing.
SECTION 19 - DISMISSAL, SUSPENSION, DEMOTION OR
REDUCTION IN PAY
IFPTE, Local 21 66 of 96 2011-2012
In addition to the Notice of Proposed Action, the appointing authority will serve
the employee with a document that gives the employee the option of authorizing
the County to provide his/her union with a copy of the Notice of Proposed Action.
If the employee signs the authorization document and returns it to the appointing
authority, the appointing authority will thereafter, within one work day, provide a
copy of the employee’s Notice of Proposed Action to his/her union, as
authorized.
In addition to the Order and Notice, the appointing authority will serve the
employee with a document that gives the employee the option of authorizing the
County to provide his/her union with a copy of the Order and Notice. If the
employee signs the authorization document and returns it to the appointing
authority, the appointing authority will thereafter, within one work day, provide a
copy of the employee’s Order and Notice to his/her union, as authorized.
19.3 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.
19.4 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.
19.5 Length of Suspension. Suspensions without pay shall not exceed thirty
(30) days unless ordered by an arbitrator or an adjustment board.
19.6 Procedure on Dismissal, Suspension, Disciplinary Demotion, or
Reduction in Pay.
A. In any disciplinary action to dismiss, suspend, temporarily reduce the pay
of, or demote a permanent employee after having complied with the
requirements of Section 19.2 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.
SECTION 20 - GRIEVANCE PROCEDURE
IFPTE, Local 21 67 of 96 2011-2012
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 20-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 20 of this MOU.
19.7 Employee Representation Rights. The County recognizes an
employee’s right to representation during an investigatory interview or meeting
that may result in discipline. The County will not interfere with the
representative’s right to assist an employee to clarify the facts during the
interview. If the employee requests a union representative, the investigatory
interview will be temporarily recessed for a reasonable period of time until a
union representative can be present. For those interviews, which by nature of
the incident must take place immediately, the union will take all reasonable steps
to make a union representative immediately available.
The employer will inform the employee of the general nature of the investigation
at the time the employer directs the employee to be interviewed.
SECTION 20 - GRIEVANCE PROCEDURE
20.1 Definition and Procedural Steps. A grievance is any dispute that
involves the interpretation or application of any provision of this MOU or County
regulation that has been incorporated by reference into this MOU excluding,
however, those provisions and regulations that specifically provide that the
decision of any County official shall be final. The interpretation and application of
those excluded provisions and regulations are not subject to the grievance
procedure. An employee may appeal disciplinary action to the Merit Board or
through this grievance procedure. The Union may represent the grievant at any
stage of the grievance 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 will be
processed in the following manner:
Step 1. Supervisor. The Union or any employee or group of employees who
believes that a provision of this MOU or incorporated County regulation has been
misinterpreted or misapplied to his or her detriment shall discuss the complaint
with the grievant's immediate supervisor, who shall meet with the grievant within
five (5) work days of receipt of a written request to hold such meeting. The
supervisor will advise the grievant in writing, within five (5) work days of the
meeting, whether the grievance is granted or denied.
Step 2. Department Head. If an issue is not satisfactorily resolved in Step 1
above, the Union may submit the grievance in writing, to such management
official as the Department Head or designee. This request must be filed no more
SECTION 20 - GRIEVANCE PROCEDURE
IFPTE, Local 21 68 of 96 2011-2012
than ten (10) work days after the date of the Step 1 response from the
supervisor. This formal written grievance must state which provision of the MOU
or the incorporated County regulation 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 Union
seeks. A copy of each written communication on a grievance must be filed with
the Director of Human Resources and the Union. The Department Head or
designee shall have ten (10) work days in which to respond to the grievance in
writing, stating the reason(s) for the disposition of the grievance.
Step 3. Human Resources Department. If the grievance is not resolved at
Step 2, the Union 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 of the Step 2 grievance, the Human Resources
Director or designee must meet with the Union to discuss the facts or other
potentially relevant information or avenues of inquiry, and any terms either party
wishes to offer to resolve the grievance.
Both parties shall be prepared and present the following information to the other
party in the course of the step 3 meeting:
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) and/or incorporated County
regulation(s) allegedly violated in each instance; and
6. The specific remedy or remedies sought.
Within fifteen (15) working days of the Step 3 meeting, the Human Resources
Director or designee must mail the Union and the affected Department a written
response to the grievance stating the reason(s) for the disposition of the
grievance.
Step 4. Board of Adjustment: Pursuant to a formal written request from the
Union 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 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.
SECTION 21 – RETIREMENT
IFPTE, Local 21 69 of 96 2011-2012
Step 5. Arbitration: 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 if not adjusted at Step 4, 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 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 Union and the County. Each party will bear the costs of its
own presentation, including preparation and post-hearing briefs, if any.
20.2 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
Union, of such claim.
20.3 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 any of 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 any of the time limits specified in
Steps 1 through 4 above, the grievance will be deemed to have been settled and
withdrawn.
20.4 The arbitrator will not have the right to alter, amend, delete or add to any
of the terms of this Agreement.
SECTION 21 – RETIREMENT
21.1 Contribution. Effective on October 1, 2011, employees are responsible
for one hundred percent (100%) of the employees’ basic retirement benefit
contributions determined annually by the Board of Retirement of the Contra
Costa County Employees’ Retirement Association without the County paying any
part of the employees’ contributions. Employees are also responsible for the
payment of the employees' contributions to the retirement cost of living program
as determined annually by the Board of Retirement without the County paying
any part of the employees’ contributions. Except as provided in Section 21.3
(Safety Employees Retirement Tier) subsection A, the County is responsible for
one hundred percent (100%) of the employer’s retirement contributions
determined annually by the Board of Retirement.
SECTION 21 – RETIREMENT
IFPTE, Local 21 70 of 96 2011-2012
21.2 Tier IV Retirement Plan- Employees Hired or Re-Hired After
December 31, 2012.
A. For employees hired by the County after December 31, 2012, the
retirement formula will be two percent at sixty years of age ("2% at 60"). The
cost of living adjustment to the retirement allowance will not exceed two percent
(2%) per year, and the cost of living adjustment will not be banked. The
employee's final compensation will be based on his/her average annual
compensation earnable during a consecutive thirty-six (36) month period. On the
employee’s retirement date, the employee's retirement allowance will not exceed
ninety percent (90%) of his/her final compensation. This retirement benefit will
be known as "Tier IV."
B. The disability provisions for Tier IV will be the same as the current Tier III
disability provisions.
C. Employees who left County service prior to December 31, 2012, and are
rehired after that date shall be automatically placed in Tier IV unless otherwise
required by law.
D. The County will seek enabling legislation amending the County
Employees Retirement Law of 1937 to close Tier III to all persons hired after
December 31, 2012, and to create Tier IV, which will be applicable to all persons
hired after that date. The Union must support the legislation, in addition to the
County.
21.3 Safety Employees Retirement Tier
A. Tier A Safety Retirement Benefit - Employees Hired or Rehired
Before January 1, 2013:
Retirement Benefit. For County employees covered by this Agreement
who are hired or re-hired by the County before January 1, 2013, and who
are designated by CCCERA as safety members, the retirement formula of
“3 percent at 50" applies. The cost of living adjustment (COLA) to the
retirement allowances of these employees will not exceed three percent
(3%) per year. The final compensation of these employees will be based
on a twelve (12) month salary average. This retirement benefit is known
as Tier A. Each employee in Tier A will pay nine percent (9%) of his or her
retirement base to pay part of the employer’s contribution for the cost of
this Tier A safety retirement benefit. Such payments will be made on a
pre-tax basis in accordance with applicable tax laws. “Retirement base”
means base salary and other payments, such as salary differential and flat
rate pay allowances, used to compute retirement deductions.
B. Tier D Safety Retirement Benefit - Employees Hired or Re-Hired After
December 31, 2012.
1. Retirement Benefit. For employees hired by the County after
SECTION 22 – PERFORMANCE EVALUATIONS
IFPTE, Local 21 71 of 96 2011-2012
December 31, 2012, and designated by CCCERA as safety
members, the retirement formula will be three percent (3%) at fifty-
five (55) years of age. The cost of living adjustment to the
retirement allowance will not exceed two percent (2%) per year,
and the cost of living adjustment will not be banked. The
employee's final compensation will be based on his/her average
annual compensation earnable during a consecutive thirty-six (36)
month period. On the employee’s retirement date, the employee's
retirement allowance will not exceed ninety percent (90%) of his/her
final compensation. This retirement benefit will be known as Safety
"Tier D."
2. The disability provisions for Tier D will be the same as the Tier A
disability provisions.
3. Employees who left County service prior to December 31, 2012,
and are rehired after that date shall be automatically placed in Tier
D unless otherwise required by law.
4. The County will seek enabling legislation amending the County
Employees Retirement Law of 1937 to implement Tier D. The
Union must support the legislation, in addition to the County.
SECTION 22 – PERFORMANCE EVALUATIONS
The following procedures apply in those departments that already have a formal
written performance evaluation system. Nothing herein shall be construed to
require the establishment of such a system where it does not currently exist.
22.1 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.
22.2 Frequency of Evaluation.
A. Probationary employees must be evaluated at least once during
their probationary period.
B. Permanent employees will be evaluated every year until reaching
the top step of their classification, then they may be evaluated
annually thereafter.
C. Employees will be notified in writing prior to the loss or reduction of
any outstanding performance step(s).
SECTION 22 – PERFORMANCE EVALUATIONS
IFPTE, Local 21 72 of 96 2011-2012
22.3 Procedure.
A. An employee will generally be evaluated by the first level
management supervisor above the employee.
B. 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.
C. Where feasible, evaluations will be based primarily on observation
by the evaluator of the employee in the performance of his/her
duties.
D. An employee will be informed in advance of a meeting with his/her
supervisor to discuss the employee’s evaluation.
E. The employee will be provided his/her evaluation in writing on the
department evaluation form.
F. The employee has the right to prepare and have attached to the
evaluation form any written comments that the employee wishes to
make.
G. 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.
H. Any rating below average or unsatisfactory must be supported by
explanation received by the employee prior to the evaluation
presentation.
I. The employee's signing of an evaluation form does not mean that
the employee agrees with the evaluation, but it does mean that the
employee has had the opportunity to discuss the evaluation with
his/her evaluator.
J. The employee will be given a copy of his/her completed evaluation
form at the time the form is signed by the employee.
K. Nothing may 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
SECTION 23 – COUNSELING:
IFPTE, Local 21 73 of 96 2011-2012
finding to assist in the resolution of the dispute. One (1) fact finder will be
selected by each party to the dispute within ten (10) work days from the initial
request for fact finding. The fact finders will have twenty (20) work days from
notice of selection to investigate and render their recommendations to the
Director of Human Resources, who will render a final decision.
SECTION 23 – COUNSELING:
A. Whenever an employee’s job performance and/or conduct becomes less
than satisfactory, counseling shall be provided by the employee’s
supervisor. Such counseling shall specifically state the unsatisfactory
nature of the employee’s performance and/or conduct and specific ways in
which the employee can bring such performance and/or conduct up to the
satisfactory level. Said counseling shall be provided as soon as possible
after the occurrence of the less than satisfactory performance and/or
conduct. No adverse action shall be taken by the County against any
employee unless such counseling has been provided and reasonable time
for improvement has been given. The employee’s supervisor shall
prepare written documentation of such counseling to include expectations
and/or corrective action plan and provide a copy of the written
documentation to the employee.
B. The written documentation on counseling should include the performance
and/or conduct to be corrected, a timeline for correction, specific guidance
to the employee, and timely follow up regarding the progression of the
correction.
C. 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.
D. A Counseling memo placed in an employee’s departmental personnel file
that is not referenced in the employee’s subsequent performance
evaluation shall be removed from the employee’s departmental personnel
file upon the written request of the employee. If an employee is not
evaluated when an annual performance is due, the employee may request
through the Department Personnel Officer, or designee, that a
performance evaluation be completed. If an employee has not had a
performance evaluation within eighteen (18) months subsequent to a
counseling memo being placed in the employee’s department personnel
file, the counseling memo shall be removed from the employee’s
personnel file, provided that there has not been a subsequent counseling
memo on the same subject in that period of time.
IFPTE, Local 21 74 of 96 2011-2012
E. The foregoing shall not apply to probationary employees or in those cases
where immediate disciplinary action is necessary.
F. If after a counseling session has occurred between a supervisor and
employee, the employee requests of the Department Personnel Officer or
designee a meeting with a Steward/Officer of the Union and Department
representatives, such a meeting shall be held. This meeting shall be held
within fifteen (15) working days.
SECTION 24 - MILEAGE
24.1 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.
24.2 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.
SECTION 25 - PAY WARRANT ERRORS
If an employee receives a pay warrant which has an error in the amount of
compensation to be received and if this error occurred as a result of a mistake by
the Auditor-Controller's Department, it is the policy of the Auditor-Controller's
Department that the error will be corrected and a new warrant issued within forty-
eight (48) hours, exclusive of Saturdays, Sundays and holidays from the time the
Department is made aware of and verifies that the pay warrant is in error. If the
pay warrant error has occurred as a result of a mistake by an employee (e.g.
payroll clerk) other than the employee who is receiving the pay, the error will be
corrected as soon as possible from the time the department is made aware that
pay warrant is in error.
Pay errors in employee pay shall be corrected as soon as possible as to current
pay rate but that no recovery of either overpayments or underpayments to an
employee shall be made retroactively except for the two (2) year period
immediately preceding discovery of the pay error. This provision shall apply
regardless of whether the error was made by the employee, the appointing
authority or designee, the Director of Human Resources or designee, or the
Auditor-Controller or designee. Recovery of fraudulently accrued over or
underpayments are excluded from this section for both parties.
SECTION 26 – FLEXIBLE STAFFING
IFPTE, Local 21 75 of 96 2011-2012
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 union representative may be present at a
meeting with management to discuss a repayment schedule in the case of
overpayments to the employee.
SECTION 26 – 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 an operating 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 must 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 27 – NOTICE OF HIRES AND SEPARATIONS
The County agrees to provide an electronic file to the Union, on a quarterly basis
containing, the name, classification, department and date of hire or separation of
employees in classifications represented by the Union.
SECTION 28 – DATA ON VACANT POSITIONS
The County agrees to provide an electronic file to the Union containing a current
list of all vacant positions represented by the Union on a quarterly basis.
SECTION 29 – PERSONNEL FILES
An employee shall have the right to inspect and review any official record(s)
relating to his or her performance as an employee or to a grievance concerning
the employee which is kept or maintained by the county in the employee’s
personnel file in the Human Resources Department or in the employee’s
personnel file in their Department.
The employee’s Union representative, with written authorization by the
employee, shall also have the right to inspect and review any official record(s)
described above. The contents of such records shall be made available to the
SECTION 29 – PERSONNEL FILES
IFPTE, Local 21 76 of 96 2011-2012
employee and/or the employee’s Union 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 during their working
hours. For those employees whose work hours do not coincide with the county’s
business hours, management shall provide a copy of the employee’s personnel
file for the employee’s review. The custodian of records will certify that the copy
is a true and correct copy of the original file.
The County shall provide an opportunity for the employee to respond in writing to
any information which is in the employee’s personnel file about which he or she
disagrees. Such response shall become a permanent part of the employee’s
personnel file. 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 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.
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 disciplinary
action.
Copies of letters of commendation which are to be placed in the employee’s
personnel file will be given to the employee.
Derogatory material, such as a written letter of reprimand, 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.
Each Department shall maintain only one official personnel file per employee.
Copies. An employee may request copies of other material contained in the
personnel file. The employer shall bear the cost of the reproduction of copies.
SECTION 30 - SERVICE AWARDS
IFPTE, Local 21 77 of 96 2011-2012
SECTION 30 - SERVICE AWARDS
30.1 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:
B. 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) years
anniversary.
30.2 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,
service credits shall include all credits accumulated at time of separation, but
shall not include the period of separation. The Human Resources Director shall
determine these matters based on the employee status records in his
department.
SECTION 31 – PERSONAL PROPERTY REIMBURSEMENT
The loss or damage to personal property of employees is subject to
reimbursement under the following conditions:
1. 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.
2. Ordinary wear and tear of personal property used on the job is not
compensated.
3. Employee tools or equipment, provided without the express approval of
the department head, and automobiles are excluded from reimbursement.
4. The loss or damage must have occurred in the line of duty.
SECTION 34 - PERMANENT-INTERMITTENT EMPLOYEE
BENEFITS
IFPTE, Local 21 78 of 96 2011-2012
5. The loss or damage was not a result of negligence or lack of proper care
by the employee.
6. The personal property was necessarily worn or carried by the employee in
order to adequately fulfill the duties and requirements of the job.
7. 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.
8. 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.
9. The burden of proof of loss rests with the employee.
10. Claims for reimbursement must be processed in accordance with the
Administrative Bulletin on Compensation for Loss or Damage to the
Personal Property.
SECTION 32 – REIMBURSEMENT FOR MEAL EXPENSES. Employees will be
reimbursed for meal expenses under the provisions of Administrative Bulletin-
Expense Reimbursement (No. 204.13).
Procedures and definitions relative to reimbursement for meal expenses will be in
accordance with the Administrative Bulletin on Expense Reimbursement.
SECTION 33 - PERMANENT PART-TIME EMPLOYEE BENEFITS
Permanent part-time employees receive prorated vacation and sick leave
benefits. They are eligible for health, dental and life insurance benefits at
corresponding premium rates providing they work at least fifty percent (50%) of
full time. If the employee works at least fifty percent (50%) of full time, County
retirement participation is also included.
SECTION 34 - PERMANENT-INTERMITTENT EMPLOYEE BENEFITS
Permanent-intermittent employees are eligible for prorated vacation and sick
leave benefits.
SECTION 35 - 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
IFPTE, Local 21 79 of 96 2011-2012
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 36 – SCOPE OF AGREEMENT AND SEPARABILITY OF
PROVISION
36.1 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 Union understands and agrees that the County is not obligated to meet and
confer regarding wages, hours or conditions of employment during the term of
this extended agreement, except as otherwise required by law.
36.2 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.
36.3 Duration of Agreement. This Agreement shall continue in full force and
effect from date adopted by the Board to and including June 30, 2012.
SECTION 37 – 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. The Provisions contained in the Personnel
Management Regulations that are within the scope of representation and that are
not in conflict with the provisions of this MOU are considered in full force and
effect.
SECTION 38 - 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
SECTION 41 – OTHER BENEFITS
IFPTE, Local 21 80 of 96 2011-2012
conform with the Fair Labor Standards Act, such terms and conditions of
employment shall not be controlled by this MOU but shall be subject to
modification by the County to conform to the federal law, without further meeting
and conferring. The County shall notify the Union and will meet and confer with
said organization regarding the implementation of such modifications.
SECTION 39 – SAFETY IN THE WORKPLACE
Health and safety standards will be maintained in all County facilities to a
maximum degree consistent with the conduct of efficient operations.
Departments without a Safety Committee may establish a committee within
ninety (90) days of the effective date of this agreement. The Union will appoint
all labor representatives to the Committee. All Safety Committees will schedule
their meetings.
SECTION 40 – INDEMNIFICATION AND DEFENSE OF COUNTY
EMPLOYEES
The County shall defend and indemnify an employee against any claim or action
against the employee on account of an act or omission in the scope of the
employee’s employment with the County in accordance with, and subject to, the
provisions of California Government Code Sections 825 et seq and 995 et seq.
SECTION 41 – OTHER BENEFITS
41.1 Personal Protective Equipment: The County will reimburse employees
for safety shoes and prescription safety eyeglasses in those classifications which
the County Administrator has determined eligible for such reimbursement.
A. Safety Shoes. The County will reimburse employees for the purchase
and repair of safety shoes in an amount not to exceed two hundred
seventy-five dollars ($275) for each two (2) year period beginning on
January 1, 2002. There is no limit on the number of shoes or repairs
allowed.
B. Safety Eyeglasses. The County will reimburse eligible employees for
prescription safety eyeglasses which are approved by the County and are
obtained from an establishment approved by the County.
41.2 414H2 Participation: The County will continue to implement Section
414(h) (2) of the Internal Revenue Code which allows the County Auditor-
Controller to reduce the gross monthly pay of employees by an amount equal to
the employee’s total contribution to the County Retirement System before
Federal and State income taxes are withheld, and forward that amount to the
Retirement system. This program of deferred retirement contribution will be
universal and non-voluntary as is required by statute.
SECTION 41 – OTHER BENEFITS
IFPTE, Local 21 81 of 96 2011-2012
41.3 Career Development Training Reimbursement: All full-time employees
are eligible for career development training reimbursement not to exceed seven
hundred fifty dollars ($750) per fiscal year. The reimbursement of training
expenses includes books and is governed by any Administrative Bulletins on
Travel or Training.
41.4 Deferred Compensation Incentive:
A. The County will contribute eighty-five dollars ($85) per month to
each employee who participates in the County’s Deferred
Compensation Plan. To be eligible for this Deferred Compensation
Incentive, the employee must contribute to the deferred
compensation plan as indicated below.
Employees with Current
Monthly Salary of:
Qualifying Base
Contribution
Amount
Monthly Contribution
Required to Maintain
Incentive Program Eligibility
$2,500 and below
$2,501 – 3,334
$3,335 – 4,167
$4,168 – 5,000
$5,001 – 5,834
$5,835 – 6,667
$6,668 and above
$250
$500
$750
$1,000
$1,500
$2,000
$2,500
$50
$50
$50
$50
$100
$100
$100
Employees who discontinue contributions or who contribute less than
the required amount per month for a period of one (1) month or more
will no longer be eligible for the eighty-five dollar ($85) Deferred
Compensation Incentive. To reestablish eligibility, employees must
again make a Base Contribution Amount as set forth above based on
current monthly salary. Employees with a break in deferred
compensation contributions either because of an approved medical
leave or an approved financial hardship withdrawal will not be required
to reestablish eligibility. Further, employees who lose eligibility due to
displacement by layoff, but maintain contributions at the required level
and are later employed in an eligible position, will not be required to
reestablish eligibility.
B. Special Benefit for Permanent Employees Hired on and after
January 1, 2011:
1. 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:
SECTION 41 – OTHER BENEFITS
IFPTE, Local 21 82 of 96 2011-2012
a. The employee must be hired by Contra Costa County
on or after January 1, 2011.
b. The employee must be appointed to a permanent
position. The position may be either full time or part
time, but if it is part time, it must be designated, at a
minimum, as 20 hours per week.
c. The employee must have been employed by Contra
Costa County for at least 90 calendar days.
d. The employee must contribute a minimum of twenty-
five dollars ($25) per month to the Contra Costa
County Deferred Compensation Plan, or other tax-
qualified savings program designated by the County.
e. The employee must complete and sign the required
enrollment form(s) for his/her deferred compensation
account and submit those forms to the Human
Resources Department, Employee Benefits Services
Unit.
f. The employee may not exceed the annual maximum
contribution amount allowable by the United States
Internal Revenue Code.
C. No Cross Crediting: The amounts contributed by the employee and
the County pursuant to Subsection B 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.
D. Maximum Annual Contribution: All of the employee and County
contributions set forth in Subsections A and B 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.
41.5 Annual Management Administrative Leave:
A. On January 1st of each year, full-time employees in paid status will
be credited with ninety-four hours (94) of paid Management
Administrative Leave. This time is non-accruable and all balances
will be zeroed out on December 31st of each year.
SECTION 41 – OTHER BENEFITS
IFPTE, Local 21 83 of 96 2011-2012
B. Permanent part-time employees are eligible for Management
Administrative Leave on a prorated basis, based upon their position
hours. Permanent-intermittent employees are not eligible for
Management Administrative Leave.
C. Employees appointed (hired or promoted), are eligible for
Management Administrative Leave on the first day of the month
following their appointment date and will receive Management
Administrative Leave on a prorated basis for that first year.
D. Employees on the Overtime Exempt Exclusion List are authorized
to receive overtime pay; therefore, their Management
Administrative Leave will be reduced by 25% each time the
employee is on the List. The 25% reduction will be deducted from
the employee’s current leave balance, but if there is no balance, it
will be deducted from future awarded Annual Management
Administrative Leave.
41.6 Management Development Policy: Employees are authorized to attend
professional training programs, seminars, and workshops, during normal work
hours at the discretion of their Department Head, for the purpose of developing
knowledge, skills, and abilities in the areas of supervision, management, and
County policies and procedures. Up to thirty (30) hours of such training time is
recommended annually.
A. Departments are encouraged to provide for professional
development training exceeding thirty (30) hours annually for
people newly promoted to positions of direct supervision.
B. To encourage personal and professional growth, the County
provides reimbursement for certain expenses incurred by
employees for job-related training (required training and career
development training/education). Provision for eligibility and
reimbursement is identified in Administrative Bulletin 112.9.
C. The Department Head is responsible for authorization of individual
professional development reimbursement requests.
Reimbursement is through the regular demand process with
demands being accompanied by proof of payment (copy of invoice
or canceled check).
41.7 Management Life Insurance: Employees are covered at County
expense by term life insurance in the amount of fifty seven thousand dollars
($57,000) in addition to the insurance provided in Section 12.8.
41.8 Bilingual Pay Differential: A monthly salary differential will be paid to
incumbents of positions requiring bilingual proficiency as designated by the
Appointing Authority and the Director of Human Resources. The differential will
be prorated for employees working less than full time and/or on an unpaid leave
SECTION 41 – OTHER BENEFITS
IFPTE, Local 21 84 of 96 2011-2012
of absence during any given month. The differential is one hundred dollars
($100.00) per month.
Designation of positions for which bilingual proficiency is required is the sole
prerogative of the County, and such designations may be amended or deleted at
any time.
41.9 Other Terms and Conditions of Employment
A. Overtime Exempt Exclusion: Employees in, classifications are
overtime exempt and are not eligible for overtime pay, holiday pay,
overtime compensatory time, or holiday compensatory time.
Instead, these employees are awarded Annual Management
Administrative Leave in recognition of the extra burden their job
responsibilities may sometimes place on their work schedules.
However, employees may be made eligible for overtime pay if their
names are placed on the Overtime Exempt Exclusion List by the
County Administrator’s Office. Employees on the Overtime Exempt
Exclusion List are authorized to receive overtime pay, only. These
employees are NOT eligible for holiday pay, overtime
compensatory time, or holiday compensatory time. Employees on
the Overtime Exempt Exclusion List are also NOT eligible for
Annual Management Administrative Leave for the quarter they are
on the Overtime Exempt Exclusion List. The policies and
procedures for the Overtime Exempt Exclusion List are set forth in
the County Administrator’s memo of November 6, 2002, as may be
amended.
Employees may be approved for placement on the Overtime
Exempt Exclusion List if and when they are assigned to a special or
temporary project or task that requires persistent, excess work
hours, without relief from their regular job duties. Overtime pay will
not be authorized as a means to address normal staffing or
operational issues.
B. Overtime: Employees on the Overtime Exempt Exclusion List will
be compensated at one and one-half (1.5) times their base rate of
pay (excluding differentials) for authorized work exceeding eight (8)
hours in a day or forty (40) hours in a week.
C. Length of Service Credits: Length of service credit dates from the
beginning of the last period of continuous County employment,
including temporary, provisional and permanent status and
absences on an approved leave of absence; except that when an
employee separates from a permanent position in good standing
and is subsequently re-employed in a permanent County position
within two (2) years from the date of separation, the period of
separation will be bridged. Under these circumstances, the service
credits will include all credits accumulated at the time of separation
SECTION 41 – OTHER BENEFITS
IFPTE, Local 21 85 of 96 2011-2012
but will not include the period of separation. The service credits of
an employee are determined from employee status records
maintained by the Human Resources Department.
41.10 Vacation Buy Back:
A. Employees may elect payment of up to one-third (1/3) of their
annual vacation accrual, subject to the following conditions: (1) the
choice can be made only once in each calendar year; (2) payment
is based on an hourly rate determined by dividing the employee’s
monthly salary by 173.33; and (3) the maximum number of vacation
hours that may be paid in any calendar year is one-third (1/3) of the
annual accrual.
B. Where a lump-sum payment is made to employees as a retroactive
general salary adjustment for a portion of a calendar year that is
subsequent to the exercise by an employee of the vacation buy-
back provision herein, that employee’s vacation buy-back will be
adjusted to reflect the percentage difference in base pay rates upon
which the lump-sum payment was computed, provided that the
period covered by the lump-sum payment includes the effective
date of the vacation buy-back.
C. Employees promoted or hired by the County into any classification
represented by Local 21 on and after October 1, 2011, are not
eligible for the Vacation Buy-Back benefit. However, any employee
who was eligible for a Vacation Buy-Back benefit before promoting
into a classification represented by Local 21 will retain that benefit
after promoting into a classification represented by Local 21.
41.11 Professional Development Reimbursement: Employees (excluding
Engineering Managers) are eligible for reimbursement of up to six hundred
twenty-five dollars ($625) for each two (2) year period beginning on January 1,
1999, for memberships in professional organizations, professional license fees
required by the employee’s classification, subscriptions to professional
publications, attendance fees at job-related professional development activities
and purchase of job-related computer hardware and software (excludes
automation connectivity, support, or subscription fees) from a standardized
County-approved list or with Department Head approval, provided each
employee complies with the provisions of the Computer Use and Security Policy
adopted by the Board of Supervisors and the applicable manuals. In order to
receive reimbursement, the employee must have been in an eligible classification
when the expense was incurred.
Each professional development reimbursement request must be approved by the
Department Head and submitted through the regular demand process. Demands
must be accompanied by proof of payment (copy of invoice or receipt).
Certification regarding compliance with the County’s computer use and security
SECTION 41 – OTHER BENEFITS
IFPTE, Local 21 86 of 96 2011-2012
policy may be required. Questions regarding appropriateness of request will be
answered by the Office of the County Administrator.
41.12 Sick Leave Incentive Plan: Employees may be eligible for a payoff of a
part of unused sick leave accruals at separation. This program is an incentive for
employees to safeguard sick leave accruals as protection against wage loss due
to time lost for injury or illness. Payoff must be approved by the Director of
Human Resources, and is subject to the following conditions:
A. The employee must have resigned in good standing.
B. Payout is not available if the employee is eligible to retire.
C. The balance of sick leave at resignation must be at least seventy
percent (70%) of accruals earned in the preceding continuous
period of employment excluding any sick leave use covered by the
Family and Medical Leave Act, the California Family Rights Act, or
the California Pregnancy Disability Act.
D. Payout is by the following schedule:
Years of Payment
Continuous Service
Payment of Unused
Sick Leave Payable
3 – 5 years
5 – 7 years
7 plus years
30%
40%
50%
E. No payoff will be made pursuant to this section unless the Contra
Costa County Employees’ Retirement Association has certified that
an employee requesting a sick leave payoff has terminated
membership in, and has withdrawn his or her contributions from,
the Retirement Association.
F. It is the intent of the Board of Supervisors that payments made
pursuant to this section are in lieu of County retirement benefits
resulting from employment by this County or by Districts governed
by this Board.
41.13 Video Display Terminal (VDT) Users Eye Examination: Employees are
eligible to receive an annual eye examination on County time and at County
expense provided that the employee regularly uses a video display terminal at
least an average of two (2) hours per day as certified by their department.
Employees certified for examination under this program must make their request
through the Benefits Service Unit of the County Human Resources Department.
Should prescription VDT eyeglasses be prescribed for the employee following
the examination, the County agrees to provide, at no cost, basic VDT eye wear
consisting of a ten dollar ($10) frame and single, bifocal or trifocal lenses.
SECTION 42 – SPECIAL BENEFITS FOR MANAGEMENT
EMPLOYEES BY DEPARTMENT OR CLASS
IFPTE, Local 21 87 of 96 2011-2012
Employees may, through individual arrangement between the employee and the
employees’ doctor and solely at the employee’s expense, include blended lenses
and other care, services or materials not covered by the Plan.
41.14 Long-Term Disability Insurance: The County will continue in force the
Long-Term Disability Insurance program with a replacement limit of eighty-five
(85%) of total monthly base earnings reduced by any deductible benefits.
SECTION 42 – SPECIAL BENEFITS FOR MANAGEMENT EMPLOYEES BY
DEPARTMENT OR CLASS
42.1 Accounting Certificate Differential: Employees in professional
accounting, auditing or fiscal officer positions who possess one of the following
certifications in good standing will receive a differential of five percent (5%) of
base monthly salary: (1) A valid Certified Public Accountant (CPA) license issued
by the State of California, Department of Consumer Affairs, Board of
Accountancy; (2) a Certified Internal Auditor (CIA) certification issued by the
Institute of Internal Auditors; (3) a Certified Management Accountant (CMA)
certification issued by the Institute of Management Accountants; or (4) a Certified
Government Financial Manager (CGFM) certification issued by the Association of
Government Accountants.
42.2 Agriculture Department Differential: The classes of Deputy Sealer
Weights/Measure (BWHA) and Deputy Agricultural Commissioner (BAHA) will
receive a differential of three and one-half percent (3.5%) of base monthly salary
for possession of either a valid Commissioner License or a valid Sealer of
Weights and Measures License.
42.3 Angiogram Differential: Employees in the classes of Diagnostic Imaging
Manager (V8HB) and Assistant Diagnostic Imaging Manager (V8HC) when
performing an angiogram other than on day shift, Monday through Friday, will be
additionally compensated at a flat rate of five hundred dollars ($500) per
procedure.
42.4 Animal Services Search Warrant: Employees in the class of Animal
Services Lieutenant (BJHB) will be compensated for time spent in assisting law
enforcement agencies in the serving of search warrants. The amount of special
compensation per incident is one hundred dollars ($100) and it will continue to be
equal to that paid to Animal Services Officers for performing this duty. Only
employees involved in actual entry team activities will be so compensated. The
department continues to retain the sole right to select and assign personnel to
such search warrant duty.
42.5 Animal Services Uniform Allowance: The uniform allowance for
employees in the classification of Animal Services Lieutenant (BJHB) is eight
hundred dollars ($800) effective July 1, 2001, payable one-twelfth (1/12) of the
yearly total in monthly pay warrants. Any other increase in the Uniform
SECTION 42 – SPECIAL BENEFITS FOR MANAGEMENT
EMPLOYEES BY DEPARTMENT OR CLASS
IFPTE, Local 21 88 of 96 2011-2012
Allowance, which may be granted to Animal Services Officers while this
Resolution is in effect, is granted to the Animal Services classes.
42.6 Assessor Education Differential: Employees in the classes of Principal
Appraiser (DADC), Supervising Appraiser (DAHC), and Supervising Auditor-
Appraiser (DRNA), is entitled to a salary differential of two and one-half percent
(2.5%) of base monthly salary for possession of a certification for educational
achievement from at least one of the following:
A. American Institute of Real Estate Appraisers Residential Member
designation.
B. State Board of Equalization Advanced Appraiser Certification.
C. International Association of Assessing Officers Residential Evaluation
Specialist.
D. Society of Auditor-Appraiser Master Auditor-Appraiser designation.
E. Society of Real Estate Appraisers Senior Residential Appraiser
designation.
F. Any other certification approved by the County Assessor and the Director
of Human Resources.
42.7 Assessor Mileage Reimbursement: Effective October 1, 1999, in lieu of
additional mileage reimbursement, the salaries of the Supervising Appraiser
(DAHC) and Supervising Auditor-Appraiser (DRNA) classifications are increased
by one (1) level. Beginning January 1, 2000, mileage allowance for use of their
personal vehicles on County business will be paid at the rate allowed by the
Internal Revenue Service.
42.8 Employment and Human Services Division Manager Differential:
Employees in the classification of Employment and Human Services Division
Manager (XADD) are eligible to receive a 5% salary differential for a special
project assignment. The qualifying special project must involve executive
leadership, management, oversight, and supervision of operational division
managers. The employee must be assigned to the qualifying special project by
the Director of Employment and Human Services and the Director must approve
the differential. The duration of the differential may not exceed twenty four (24)
months, even if the special project assignment is longer. When approved, the
differential will become effective on the first day of the following month. No more
than two (2) employees may receive this differential at the same time.
42.9 Engineer Continuing Education Allowance: Public Works employees
in the classifications of Associate Civil Engineer (NKVC), Senior Land Surveyor
(NSGA), Engineering Technician Supervisor–Construction (NSHE), Engineering
Technician Supervisor–Land Surveyor (NSHD), Engineering Technician
SECTION 42 – SPECIAL BENEFITS FOR MANAGEMENT
EMPLOYEES BY DEPARTMENT OR CLASS
IFPTE, Local 21 89 of 96 2011-2012
Supervisor–Materials Testing (NSHC), Senior Civil Engineer (NKHA), Senior
Traffic Engineer (NKHB), Senior Hydrologist (N9HC) and Supervising Civil
Engineer (NKGA) are eligible to receive a one year Continuing Education
Allowance of two and one-half percent (2.5%) of base monthly salary if they
complete at least (60) hours of approved education or training or at least three
(3) semester units of approved college credit or approved combination thereof,
subject to the following conditions.
A. The specific education or training must be submitted in writing by the
employee to the Public Works Director or his designee prior to beginning
the course work.
B. The education or training must be reviewed and approved in advance by
the Public Works Director or his designee as having a relationship to the
technical or managerial responsibilities of the employee’s current or
potential County job classifications.
C. Employees who qualify for this allowance do so for a period of only twelve
(12) months, commencing on the first day of the month after proof of
completion is received and approved by the Public Works Director or his
designee. This allowance automatically terminates at the end of the
twelve (12) month period.
42.10 Engineer Professional Development Reimbursement: Employees in
the classification of Engineering Managers will be allowed reimbursement for
qualifying professional development expenses and professional engineering
license fees required by the employee’s classification up to a total of seven
hundred dollars ($700) for each two (2) year period beginning on January 1,
2000. Effective July 1, 2007, the allowable reimbursement amount will be
increased by one hundred fifty dollars ($150) for a total of eight hundred fifty
dollars ($850). Effective on January 1, 2008, Engineering Managers will be
allowed reimbursement for qualifying professional development expenses and
professional engineering license fees required by the employee’s classification
up to a total of nine hundred dollars ($900) for each two (2) year period.
Allowable expenses include the following activities and materials directly related
to the profession in which the individual is engaged as a County employee:
A. Membership dues to professional organizations.
B. Registration fees for attendance at professional meetings, conferences and
seminars.
C. Books, journals and periodicals.
D. Tuition and text book reimbursement for accredited college or university
classes.
SECTION 42 – SPECIAL BENEFITS FOR MANAGEMENT
EMPLOYEES BY DEPARTMENT OR CLASS
IFPTE, Local 21 90 of 96 2011-2012
E. Professional license fees required by the employee’s classification.
F. Application and examination fees for registration as a professional engineer,
architect or engineer-in-training.
G. Certain job-related instruments, job-related computer hardware and software
from a standardized County approved list or with Department Head approval,
provided each Engineer complies with the provisions of the Computer Use
and Security Policy adopted by the Board of Supervisors and the applicable
manuals.
Individual professional development reimbursement requests require the
approval of the Department Head. Reimbursement occurs through the
regular demand process with demands being accompanied by proof of
payment (copy of invoice or canceled check).
In order to receive reimbursement, the employee must have been in an
eligible classification when the expense was incurred.
42.11 Engineer Structural Registration Differential: Incumbents of the
classes of Structural Engineer-Building Inspection (NESB), Senior Structural
Engineer-Building Inspection (NEVB), Supervising Structural Engineer-Building
Inspection (FADB), and Principal Structural Engineer-Building Inspection
(NCHA), employed in the Department of Conservation and Development who
possess a valid Certificate of Authority to use the title “Structural Engineer”
issued by the California State Board of Registration for Professional Engineers,
are entitled to receive a differential of five percent (5%) of the base monthly
salary.
42.12 Library Department Holidays: For all employees in the County Library
Department, the day after Thanksgiving is deleted as a holiday and the day
before Christmas is added as a holiday.
42.13 Nursing Shift Coordinator, Holiday Pay: Permanent full time,
permanent part-time and permanent-intermittent employees in the classification
of Nursing Shift Coordinator (VWHH), who work on a holiday, are entitled to
receive their choice of overtime pay or compensatory time credit for all hours
worked, up to a maximum of eight (8) hours. This provision is effective on
November 1, 2006.
42.14 Nursing Shift Coordinator Differentials: Effective September 1, 2003,
employees in the classification of Nursing Shift Coordinator are eligible for the
following differentials under the stated circumstances:
A. Evening Shift. An employee who works an evening shift of four (4) hours
or more between the hours of 5:00 p.m. and 11:00 p.m. will be paid a shift
differential of twelve percent (12%) of the employee’s base rate of pay.
SECTION 42 – SPECIAL BENEFITS FOR MANAGEMENT
EMPLOYEES BY DEPARTMENT OR CLASS
IFPTE, Local 21 91 of 96 2011-2012
B Night Shift. An employee who works a night shift of four (4) hours or more
between the hours of 11:00 p.m. and 8:00 a.m. will be paid a shift
differential of fifteen percent (15%) of the employee’s base rate of pay.
C. Code Gray/STAT Team Differential. An employee who is assigned by
administration to respond to emergency Code Gray calls as a member of
the STAT Team will be paid a differential of ten percent (10%) of the
employee’s base rate of pay.
42.15 Nurse Manager Longevity Differentials. Employees in the
classifications listed in subsection 42.15, below, are eligible for the following
longevity differentials:
A. Seven Years of Service. Employees who have completed seven (7) years
of appointed service for the County are eligible to receive a two and one-
half percent (2.5%) longevity differential effective on the first day of the
month following the month in which the employee completes seven years
of service. For employees who completed seven (7) years of appointed
service on or before July 1, 2006, this longevity differential will be paid
prospectively only from July 1, 2006.
B. Ten Years of Service. Employees who have completed ten (10) years of
appointed service for the County are eligible to receive an additional two
and one-half percent (2.5%) longevity differential effective on the first day
of the month following the month in which the employee qualifies for the
ten (10) year service award, for a total longevity differential of five percent
(5%). For employees who completed ten (10) years of appointed service
on or before July 1, 2006, this longevity differential will be paid
prospectively only from July 1, 2006.
C. Fifteen Years of Service. Employees who have completed fifteen (15)
years of appointed service for the County are eligible to receive a
additional two and one-half percent (2.5%) longevity differential effective
on the first day of the month following the month in which the employee
qualifies for the fifteen (15) year service award, for a total longevity
differential of seven and one-half percent (7.5%). For employees who
completed fifteen (15) years of appointed service on or before July 1,
2006, this longevity differential will be paid prospectively only from July 1,
2006.
D. Twenty Years of Service. Employees who have completed twenty (20)
years of appointed service for the County are eligible to receive an
additional two and one-half percent (2.5%) longevity differential effective
on the first day of the month following the month in which the employee
completes twenty years of service, for a total longevity differential of ten
percent (10%). For employees who completed twenty (20) years of
appointed service on or before July 1, 2006, this longevity differential will
be paid prospectively only from July 1, 2006.
SECTION 42 – SPECIAL BENEFITS FOR MANAGEMENT
EMPLOYEES BY DEPARTMENT OR CLASS
IFPTE, Local 21 92 of 96 2011-2012
E. Eligible Classes.
This section applies only to the following classifications:
Nursing Program Manager (VWHF)
Nursing Shift Coordinator (VWHH)
Director of Ambulatory Care Nursing Services (VWDC)
Ambulatory Care Clinical Supervisor (VWHJ)
42.16 Health Services Manager Differential: Employees in the classifications
listed below who work in the Emergency Department of Contra Costa Regional
Medical Center (CCRMC), the Crisis Stabilization Unit of CCRMC, Mental Health
Conservatorship, or a County Detention Facility (Martinez, West County, Marsh
Creek, Byron Boys Ranch, or Juvenile Hall), will be paid a differential of five
percent (5%) of the employee’s base rate of pay.
Nursing Program Manager (VWHF)
Conservatorship/Guardianship Program Manager (VQDL)
Mental Health Program Manager (VQDC)
Mental Health Program Supervisor (VQHP)
Conservatorship Program Supervisor (VQHM)
Health Services Administrator – Level C (VANH)
Properties Trust Officer (VAVA)
42.17 Environmental Analyst III, Planner III, and Environmental Planner
Assignment Differential: Incumbents in the classes of Environmental Analyst
III (5RTA), Planner III (5ATA), and Environmental Planner (5ATC) may be given
a five percent (5%) or ten percent (10%) base monthly salary differential at the
discretion of the Department Head while engaged on special project assignments
with major political and/or financial impact. Differentials become effective on the
first of the month following the month approved, and terminate on the last day of
the month in which the assignment is completed, unless terminated earlier by the
Department Head. All differential assignments will be reviewed on July 1 of each
year to determine what level of differential, if any, will continue to be paid.
42.18 Public Works Emergency Work Differential: Employees in the
classifications of Public Works Maintenance Supervisor (PSHB), Public Works
Assistant Field Operations Manager (PSGA), and Vegetation Management
Supervisor (GPHG) who are required by the Public Works Director or his
designee to work in response to an “emergency,” will be compensated at the rate
of one (1.00) times their base rate of pay (excluding differentials) for authorized
work performed in excess of their regularly scheduled work day or work week.
42.19 Public Works Seasonal Construction Differential: Employees in the
classifications of Public Works Maintenance Supervisor (PSHB), Public Works
Assistant Field Operations Manager (PSGA), and Vegetation Management
Supervisor (GPHG) who are scheduled by the Public Works Director or his
designee to work during the “construction season,” will be compensated at the
SECTION 42 – SPECIAL BENEFITS FOR MANAGEMENT
EMPLOYEES BY DEPARTMENT OR CLASS
IFPTE, Local 21 93 of 96 2011-2012
rate of one (1.00) times their base rate of pay (excluding differentials) for all
authorized work performed in excess of their regularly scheduled work day or
work week.
42.20 Public Works Maintenance Managers Education Allowance:
Employees in the classifications of Public Works Field Operations Manager
(PSFB), Public Works Assistant Field Operations Manager (PSGA), Public Works
Maintenance Supervisor (PSHB), Vegetation Management Supervisor (GPHG),
and Public Works Resources Manager (PSSD) are eligible to receive a one year
Continuing Education Allowance of two and one half percent (2.5%) of base
monthly salary if they complete at least sixty (60) hours of approved education or
training or at least three (3) semester units of approved college credit or
approved combination thereof, subject to the following conditions:
A. The specific education or training must be submitted in writing by the
employee to the Public Works Director or his designee prior to beginning
the course work.
B. The education or training must be reviewed and approved in advance by
the Public Works Director or his designee as having a relationship to the
technical or managerial responsibilities of the employee’s current or
potential County job classifications.
C. Employees who qualify for this allowance do so for a period of only twelve
(12) months, commencing on the first day of the month after proof of
completion of course work is received and approved by the Public Works
Director or his designee. This allowance automatically terminates at the
end of the twelve (12) month period.
42.21 Real Property Agent Advanced Certificate Differential: Employees in
the management classes of Principal Real Property Agent (DYDA) and
Supervising Real Property Agent (DYNA) are entitled to receive a monthly
differential in the amount of five percent (5%) of base monthly salary for
possession of a valid Senior Member Certificate issued by the International
Executive Committee of the International Right of Way Association. Verification
of eligibility will be by the Department Head or his/her designee. Eligibility for
receipt of the differential begins on the first day of the month following the month
in which eligibility is verified by the Department Head.
All employees who qualify for the Senior Member certificate must recertify every
five (5) years with the International Right of Way Association in order to retain the
Senior Member designation and continue to receive the differential. In order to
recertify, a Senior Member must accumulate seventy-five (75) hours of approved
education which may include successfully completing courses, attending
educational seminars or teaching approved courses.
42.22 Sheriff Continuing Education Allowance: Sheriff’s Department
employees in the classes of Administrative Services Assistant III (APTA),
SECTION 42 – SPECIAL BENEFITS FOR MANAGEMENT
EMPLOYEES BY DEPARTMENT OR CLASS
IFPTE, Local 21 94 of 96 2011-2012
Sheriff’s Director of Property and Evidence (64FG), Detention Services
Supervisor (64HA), Inmate Industries Engraving Program Supervisor (64HG),
Inmate Industries Supervisor (64HF), Manager-Central Identification Services
(64DB), Records Manager (64HE), Sheriff’s CAD/RMS Systems Manager
(PEDG),Sheriff’s Communications Center Director (64NC), Sheriff’s Director of
Food Services (64FF), Sheriff’s Director of Support Services (6AFE), Sheriff’s
Telecommunication Technology Manager (PEDD), and Forensics Manager
(6CGA) are eligible to receive a two and one-half percent (2.5%) of base monthly
salary Continuing Education Allowance for any fiscal year in which they complete
at least sixty (60) hours of education or training or at least three(3) semester
units of college credit or combination thereof, approved by the department,
subject to the following conditions:
A. An application must be submitted in advance, to the Sheriff’s Department
prior to the fiscal year in which the education or training will occur.
B. The education or training must be directly related to the technical or
Management duties of the employee’s job.
C. The course must be reviewed and approved by the Sheriff’s Department
Standards and Resources Bureau in advance.
D. The employee must show evidence of completion with a passing grade.
42.23 Sheriff Emergency Services Standby Differential: Employees in the
classes of Emergency Planning Coordinator (9GSA), Senior Emergency
Planning Coordinator (9GWB) and County Emergency Services Manager
(9GGA) who perform standby duty of the Office of Emergency Services at least
one (1) week per month, are entitled to receive a differential in the amount of two
and one-half percent (2.5%) of base monthly salary.
42.24 Sheriff Uniform Allowance: The non-sworn management employees in
the Sheriff-Coroner’s Department will be paid a uniform allowance in the amount
of eight hundred seventy-two dollars ($872) per year effective July 1, 2007,
payable one-twelfth (1/12) of the yearly total in monthly pay warrants. The
management employees eligible for this uniform allowance are: Sheriff’s
Communications Center Director (64NC).
42.25 Sheriff - Detention Division Meals: Employees assigned to the
Detention Division will have fifteen dollars ($15.00) per month deducted from
their pay checks in exchange for meals provided by the Department. The
employee may choose not to eat facility food. In that case, no fees will be
deducted.
42.26 Treasurer-Tax Collector Professional Development Differential:
Incumbents of the following listed classifications in the Treasurer-Tax Collector’s
Department are eligible to receive a monthly differential equivalent to five percent
(5%) of base salary for possession of at least one (1) of the following specified
SECTION 42 – SPECIAL BENEFITS FOR MANAGEMENT
EMPLOYEES BY DEPARTMENT OR CLASS
IFPTE, Local 21 95 of 96 2011-2012
professional certifications and for completion of required continuing education
requirements associated with the individual certifications. Verification of eligibility
for any such differential must be in writing by the Treasurer-Tax Collector or
his/her designee. Under this program, no employee may receive more than a
single five percent (5%) differential at one time regardless of the number of
certificates held.
Eligible classes are:
Treasurer’s Accounting Officer (S5SG)
Treasurer’s Investment Operations Analyst (S5SD)
Tax Operations Supervisor (S5HC)
Qualifying
Certificates:
Certified Cash Manager (C.C.M.)
Certified Financial Planner (C.F.P.)
Certified Government Planner (C.G.F.P.)
Certified Treasury Manager (C.T.M.)
Chartered Financial Analyst (C.F.A.)
42.27 Compaction. In the event the difference between the top step base rate
of pay for Public Health Nurse Program Manager (Class VWHL) and the Public
Health Nurse (Class VVXA) is 2.5% or less, the County will adjust all steps in the
Health Nurse Program Manager Class in order to achieve a difference of 2.5%
at the top step.
Issues regarding salary compaction will be included on the agenda for meetings
of the Labor Management Committee at the request of either party.
42.28 Other – Special Benefits: It is the intent of the parties that this
Memorandum of Understanding includes all “special benefits” that have been
authorized by the Board of Supervisors and that are currently provided to
employees of this Union. In the event that the Union identifies an authorized
“special benefit” that the Union believes has been inadvertently excluded from
this Memorandum of Understanding, the Union may request to meet and confer.
SECTION 42 – SPECIAL BENEFITS FOR MANAGEMENT
EMPLOYEES BY DEPARTMENT OR CLASS
IFPTE, Local 21 96 of 96 2011-2012
If the County agrees that the “special benefit” was authorized by the Board of
Supervisors and inadvertently excluded, the County will provide the “special
benefit” in a Side Letter.
Date: _______________
Contra Costa County: For IFPTE, Local 21:
(Signature / Printed Name) (Signature / Printed Name)
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Appendix A
Classifications Performing Supervisory Duties
(Supervisors Unit)
Job Code Classification
3AGF ADULT LITERACY PROGRAM MANAGER
VWHK ADVICE NURSE MANAGER
VWHN ADVICE NURSE SUPERVISOR
V7DB AIDS PROGRAM DIRECTOR
9BHC AIRPORT OPERATIONS MANAGER
VADB AMBULATORY CARE ADMIN
VWHJ AMBULATORY CARE CLIN SUPV
VAHC AMBULATORY CARE REG MANAGER
BJHC ANIMAL CENTER OPERATIONS SUPV
BJHB ANIMAL SVCS LIEUTENANT
BJSS ANIMAL SVCS VOLUNTEER COORD
XQGD AREA AGENCY ON AGING PRGM MNGR
APSF ASSESSOR'S CUSTOMER SERV COORD
NEVA ASSOC CAPITAL FAC PROJ MANAGER
NKVC ASSOC CIVIL ENGINEER
N4HA ASSOC TRAFFIC ENGINEER
NEWC ASST CAPITAL FAC PROJ MANAGER
VIHA ASST CHIEF CARD SUPPORT SVCS
VHGF ASST CLINICAL LAB MANAGER
VASG ASST CONTRACTS ADMINISTRATOR
V8HC ASST DIAGNOSTIC IMAG MNGR
9BNA ASST DIR OF AIRPORTS
VLGA ASST DIR OF ENV HLTH SVCS
VLFA ASST DIR OF HAZ MAT PROGRAM
VWGB ASST DIR OF SAFETY & PERF IMPR
VYSC ASST DIR PHARMACY SVCS
1KDC ASST DIR-NUTRIT SVCS
V5HQ ASST DIR-REHAB THER SVCS
VCSH ASST FACILITIES MANAGER
GFFA ASST FACILITIES MNT. MANAGER
PMGC ASST FLEET MANAGER
LBGD ASST HLTH SVCS SYS DIR-NET OPS
APDH AUDITOR CONTR BUS & SYS MNGR
V9HD BIOMEDICAL EQUIPMENT MNGR
GFDD BUILDING AND GROUNDS MANAGER
FADC BUILDING INSP SPEC PROG COORD
LTNE BUSINESS SYSTEMS MANAGER
VBGC CALIF CHLDRN SVCS PROG ADMIN
X7SB CAREER CENTER COORDINATOR
ADDK CCTV PRODUCTION MANAGER
3AGC CENTRAL LIBRARY MANAGER
VWNB CENTRAL PROCESSING SUPVR
Page 1 of 7
Appendix A
Classifications Performing Supervisory Duties
(Supervisors Unit)
Job Code Classification
VIGA CHIEF CARDIO SUPPORT SVCS
VWDG CHIEF OF DET HLTH NURSING SVCS
V5GE CHIEF PEDIATRIC THERAPIST
FADG CHIEF PROPERTY CONSERVATION
PSFA CHIEF PUB WKS MTCE SUPT
GWGA CHIEF STATIONARY ENGINEER
VBGB CHILD HLTH & DIS PROG MANAGER
APSE CHILD SPPRT BUSINESS SVCS MNGR
LTWJ CHILD SPPRT INFO SYS ANALYST
SMNA CHILD SPPRT SUPERVISOR
VMHC CHRONIC DISEASE & ENV PROG MGR
JPHD CIVIL OPERATIONS SUPERVISOR
EASA CLERK-RECORDER SVCS MANAGER
EAHA CLERK-RECORDER SVCS SUPERVISOR
VHFA CLINICAL LAB MANAGER
SMHA COLLECTIONS SVCS MANAGER
V7DA COMMUNICABLE DIS PGRM CHIEF
3AGG COMMUNITY LIBRARY MANAGER
BJSR COMMUNITY OUTREACH & EDUC MGR
64NE COMMUNITY WARNING SYS MANAGER
VMHB COMMUNITY WELL & PREV PRO DIR
NPHD COMPUTER MAPPING SERVICES MNGR
LKGA COMPUTER OPERATIONS MANAGER
LKHA COMPUTER OPERATIONS SUPERVISOR
VQDL CONSERV/GDNSHP PROGRAM MGR
VQHM CONSERVATORSHIP PROG SUPV
XQHE CONTRACTS ADMINISTRATOR
9GD2 COUNTY EMERGENCY SVCS DIR
AJDK COUNTY SAFETY OFFICER
GKGC CUSTODIAL & RECYCLE SVCS MNGR
GKHC CUSTODIAL SVCS SUPERVISOR
BAHA DEPUTY AGRICULTURE COMMR
VQFB DEPUTY DIR OF MENTAL HEALTH
AXFA DEPUTY PUBLIC ADMINISTRATOR
BWHA DEPUTY SEALER WEIGHTS/MEASURE
64HA DETENTION SVCS SUPERVISOR
V5HH DEVELOPMENTAL PROGRM SUPV
V8HB DIAGNOSTIC IMAGING MANAGER
VWFA DIR OF SAFETY & PERF IMPROVEME
VWDB DIRECTOR HOSPITAL NURSING SVCS
VWDC DIRECTOR OF AMBULATORY CARE NS
VCFA DIRECTOR OF FAMLY, M & CH
Page 2 of 7
Appendix A
Classifications Performing Supervisory Duties
(Supervisors Unit)
Job Code Classification
VNDB DIRECTOR OF HLTH INFO MGMT
ADDF DIRECTOR OF JUSTICE SYST PROG
VADC DIRECTOR OF PATIENT ACCOUNTING
V0DA DIRECTOR OF PH LAB SVCS
VYDC DIRECTOR OF PHARMACY SVCS
VWDD DIRECTOR OF PSYCH NURSING SVCS
VWSE DIRECTOR OF QUALITY MANAGEMENT
V5GH DIRECTOR OF REHAB THERAPY SVCS
VVGS DIRECTOR PUB HLTH CLINIC SVCS
VWDF DIRECTOR, INPATIENT NURSING OP
ARDC DIVERSITY SVCS COORDINATOR
NPGA DRAFTING SVCS COORDINATOR
NPHC DRAFTING SVCS MANAGER
XADD EHS DIVISION MANAGER
XAD1 EHS DIVISION MANAGER-PROJECT
XQNA EHS FACILITIES MANAGER
EBHA ELECTIONS OUTREACH COORDINATOR
ALHB ELECTIONS PROCESSING SUPVR
EBSA ELECTIONS SVCS MANAGER
9GGA EMERGENCY SERVICES MANAGER
NSHC ENGINEERING TECH SUPV MAT TSTG
NSHE ENGINEERING TECHNICIAN SUPV CO
NSHD ENGINEERING TECHNICIAN SUPV LS
NBHB ENGINEERING TECHNICIAN SUPV-TR
5RTA ENVIRONMENTAL ANALYST III
1WDB ENVIRONMENTAL SVCS MANAGER
1WHB ENVIRONMENTAL SVCS SUPERVISOR
GFDG FACILITIES MAINTENANCE MANAGER
VCDC FACILITIES MANAGER
P2NC FIRE DISTRICT APPARATUS MNGR
GFDF FIRE DISTRICT FACILITIES MNGR
LTNC FIRE DISTRICT INFO SYST MANGR
RBHA FIRE DISTRICT LOGISTICS MGR
REDB FIRE DISTRICT TELECOMM MANAGER
PMHC FLEET SERVICE CENTER SUPV
6CGA FORENSIC MANAGER
GFSA GENERAL SVCS FACILITIES SUPVR
GPHH GROUNDS MAINTENANCE SUPV
GPDE GROUNDS MANAGER
V4HD HAZARDOUS WASTE REDUCTION MNGR
VWHM HEALTH CARE RISK MANAGER
VCGE HEALTH PLAN BUSINESS SVCS MNGR
Page 3 of 7
Appendix A
Classifications Performing Supervisory Duties
(Supervisors Unit)
Job Code Classification
VRGB HEALTH PLAN CLINICAL PRG OFCR
V9HG HEALTH PLAN PATIENT SVCS SUPV
VYSE HEALTH PLAN PHARMACY MANAGER
VCDD HEALTH SVCS DIR/PLNG & FAC
VBSM HEALTH SVCS EMERG PREP MANAGER
LKFA HEALTH SVCS INFO SYS OPS MNGR
VCFB HEALTH SVCS INFO TECH SUPV
VASE HEALTH SVCS PLAN/EVAL DIRECTOR
VCHB HLTH PLAN SALES/OUTRCH MANAGER
VVFC HOME HEALTH AGENCY DIRECTOR
VBHE HOMELESS SERVICES PROGRAM DIR
VRGD HP DIR OF PROVIDER REL & CRED
VRGE HP DIRECTOR OF CONTRACTING
LBGF HS IT PROJECT MANAGER
N9SB HYDROLOGIST
VWSF INFECTION PREV AND CONTROL MGR
LTNA INFO SYS MANAGER I
LTNB INFO SYS MANAGER II
LPVA INFO SYS PROGRAMMER/ANALYST II
LPNB INFO SYS PROGRAMMER/ANALYST IV
LPTB INFO SYS PROGRAMMER/ANLYST III
LPNA INFO SYS PROJECT MANAGER
LBSB INFO TECH PROJECT MANAGER
64HG INMATE INDUST ENGRAVE PROG SUP
64HF INMATE INDUST SUPERVISOR
7KGA INST SUPERVISOR II
VLSB INTEGRATED PEST MGMT COORD
3KHA LIBRARY CIRCULATION MANAGER
3ASF LIBRARY CMNTY RLTNS MANGR
3AGE LIBRARY COLL/TECHNICAL SVCS MG
3AHB LIBRARY READING & LITERACY MGR
VQHL M/H HOUSING SERVICES COORD
5PDB MANAGER APPLICATION/PERMIT CE
64DB MANAGER CENTRAL ID SVCS
VRWA MANAGER OF MKTG & MEM SVCS
VCGA MATERIAL MANAGER
VCHF MATERIEL MANAGEMENT SUPERVISOR
VBFA MEDICAL CARE ADMINISTRATOR
VNHB MEDICAL RECORDS ADMINISTRATOR
X4HE MEDICAL SOC SVC DIRECTOR
VQDM MH CLINICAL OPERATIONS CHIEF
VQSH MH CONSUMER EMPOWER PROG COORD
Page 4 of 7
Appendix A
Classifications Performing Supervisory Duties
(Supervisors Unit)
Job Code Classification
VQSJ MH FAMILY SERVICES COORDINATOR
VQDN MH PROGRAM CHIEF
VQDC MH PROGRAM MANAGER
VQHP MH PROGRAM SUPERVISOR
VQSE MH PROJECT MANAGER
VQSF MH QUALITY IMPROVEMENT COORD
VQHQ MH VOCATIONAL SERVICES COORD
9XHA MICROFILM SUPERVISOR
FAHB NEIGHBORHOOD PRESVR PROG MNGR
LNSA NETWORK ADMINISTRATOR I
LNSB NETWORK ADMINISTRATOR II
LBTA NETWORK ANALYST II
LBHA NETWORK MANAGER
VWHF NURSING PROGRAM MANAGER
VWH1 NURSING PROGRAM MANAGER-PROJ
VWHH NURSING SHIFT COORDINATOR
JJHC OFFICE MANAGER
VAGE PATIENT ACCOUNTING MANAGER
VAGA PATIENT FINANCIAL SERVICES MGR
5AVA PLANNER II
5ATA PLANNER III
DADC PRINCIPAL APPRAISER
FAHE PRINCIPAL BUILDING INSPECTOR
5AHD PRINCIPAL PLANNER-LEVEL A
5AHE PRINCIPAL PLANNER-LEVEL B
DYDA PRINCIPAL REAL PROPERTY AGENT
NCHA PRINCIPAL STRUCTIONAL ENGNR-BI
9XGA PRINT & MAIL SERVICES MANAGER
9XHE PRINT & MAIL SERVICES SUPV
APHA PROGRAM/PROJECTS COORDINATOR
LWVD PROPERTY TAX BUS SYS MANAGER
V0HA PUBLIC HEALTH LAB MANAGER
VWHL PUBLIC HLTH NURSE PROG MANAGER
VBSD PUBLIC HLTH PRGM SPEC I
VBND PUBLIC HLTH PRGM SPEC II
VBS2 PUBLIC HLTH PRGM SPEC I-PRJ
PSGA PW ASST FIELD OPERATIONS MNGR
PSFB PW FIELD OPERATIONS MANAGER
PSHB PW MAINTENANCE SUPERVISOR
PSSD PW RESOURCES MANAGER
VRHA QUALITY MGMT PROGRAM COORDIN
J9HF RECORDER'S OPERATIONS MANAGER
Page 5 of 7
Appendix A
Classifications Performing Supervisory Duties
(Supervisors Unit)
Job Code Classification
64HE RECORDS MANAGER
VCHD REGISTRAR OF VITAL STATS
V5HN REHABILITATION THERAPY SVC SUP
97NA RETIREMENT ACCOUNTANT
97HC RETIREMENT SUP ACCOUNTANT
6FHA SAFETY SVCS MANAGER
AJWH SAFETY SVCS SPCLST-LVL B
64FG SHERIFF DIR OF PROP EVIDENCE
PEDG SHERIFF'S CAD/RMS SYSTEMS MNGR
64NC SHERIFF'S COM CENTER DIRECTOR
64FF SHERIFF'S DIRECTOR OF FOOD SVC
6AFE SHERIFF'S DIRECTOR OF SUP SVCS
PMSB SHERIFF'S FLEET SVCS COORD
PEDD SHERIFF'S TELECOM TECH MANAGER
XAHB SOC SVC APPEALS SUPERVISOR
XQHC SOC SVC BUSINESS SYST APP MNGR
XAGA SOC SVC FRAUD PREVENTION MNGR
NEHA SR CAPITAL FAC PROJECT MNGR
NKHA SR CIVIL ENGINEER
3AGH SR COMMUNITY LIBRARY MANAGER
N9HC SR HYDROLOGIST
NEVB SR STRUCTURAL ENGINEER-BI
NEV2 SR STRUCTURAL ENGINEER-PRJ
NKHB SR TRAFFIC ENGINEER
5AHB SR TRANSPORTATION PLANNER
5ASE SR WATERSHED MGMT PLNG SPEC
V9HC STAFF AND PAT CARE COORDINATOR
XADE STAFF DEVELOPMENT SUPERVISOR
NASB STORMWATER POLL CONT MNGR
VHG5 SUBSTANCE ABUSE PROGRAM MGR-P
VHGE SUBSTANCE ABUSE PROGRAM MNGR
VHHB SUBSTANCE ABUSE PROGRAM SUPV
SAHJ SUPERVISING ACCOUNTANT
DAHC SUPERVISING APPRAISER
V4HE SUPERVISING ARP ENGINEER
DRNA SUPERVISING AUDITOR-APPRAISER
NEHC SUPERVISING CAPITAL FAC PRJ MG
NKGA SUPERVISING CIVIL ENGINEER
VHHF SUPERVISING CLINICAL LAB SCIEN
1KHA SUPERVISING COOK-JUVENILE HALL
VLHA SUPERVISING ENVIRON HLTH SPEC
6CHA SUPERVISING FRNSC TOXICOLOGIST
Page 6 of 7
Appendix A
Classifications Performing Supervisory Duties
(Supervisors Unit)
Job Code Classification
NXHA SUPERVISING GRAPHICS TECH
V5HJ SUPERVISING PEDIATRIC THERAPST
DYNA SUPERVISING REAL PROPERTY AGNT
FADB SUPERVISING STRUCTURAL ENG-BI
FADF SUPERVISOR INSPECTION SERVICES
9XHB SUPPLY AND DIST SUPERVISOR
S5HC TAX OPERATIONS SUPERVISOR
PEDC TELECOM MANAGER
NAGA TRANSPORTATION PROGRAM MANAGER
XQHG TRANSPORTATION SERVICES MANAGE
S5SG TREASURER'S ACCOUNTING OFFICER
VWHG UTILIZATION REVIEW MANAGER
GPHG VEGETATION MANAGEMENT SUPV
96TA VETERANS SVC BRANCH OFF MNGR
2KHA VICT/WIT ASSISTANCE PROG MNGR
AJHB WORKERS COMP CLAIMS SUPERVISOR
Page 7 of 7
Appendix B
Classifications Not Performing Supervisory Duties
(Non‐Supervisors Unit)
Job Code Classification
SAWA ACCOUNTANT I
SAVA ACCOUNTANT II
SATA ACCOUNTANT III
APT1 ADMINISRATIVE SVCS ASST III-PR
APWA ADMINISTRATIVE ANALYST
APW1 ADMINISTRATIVE ANALYST-PROJECT
ADSG ADMINISTRATIVE SUPPORT ASST
APVA ADMINISTRATIVE SVCS ASST II
APTA ADMINISTRATIVE SVCS ASST III
APV2 ADMINISTRATIVE SVCS ASST II-PR
XQVB AGING & ADULT SVCS SR STAFF AS
XQWC AGING & ADULT SVCS STAFF ASST
9BDA AIRPORT BUS AND DEV MANAGER
9BSB AIRPORT ENVIRON & COM REL OFCR
AD91 APPEALS OFFICER
DYNB ASST LEASE MANAGER
SFWA AUDITOR I
SFVA AUDITOR II
SFTA AUDITOR III
LBWB AUTOMATED CALL DIS COORD I
LBNA AUTOMATED CALL DIS COORD II
LBSC AUTOMATED CALL DIST ADMINISTRA
ADSC BUDGET TECHNICIAN
X7SC BUSINESS SVCS REPRESENTATIVE
LTWK BUSINESS SYSTEMS ANALYST
STWA BUYER I
STTA BUYER II
ADD3 CCTV PRODUCTION SPECIALIST-PRJ
ADDL CCTV PRODUCTION SPECIALST
ADSD CCTV PROGRAM COORDINATOR
LKVA COMPUTER OPERATIONS ANALYST
ADTF CONTRACT COMPLIANCE SPEC
XQWA CONTRACTS/GRANTS SPLST I
XQTA CONTRACTS/GRANTS SPLST II
LWSA DATABASE ADMINISTRATOR
XQSJ DEPTL PERS COMPUTER COORD
VBGA DEVELOPMENTAL CENTER DIRECTOR
VATC DISABILITY BENEFITS COORD
2RS7 DISCOVERY REFEREE
XQHF EHS PROG INTEGRITY COORD
XQH3 EHS PROG INTEGRITY COORD-PR0J
VBHB EMERGENCY MEDICAL SVS PRG CORD
Page 1 of 4
JOB CLASSIFICATION JOB CODE
AIDS Program Director V7DB
Asst Dir of Env Hlth Svcs VLGA
Asst Dir of Haz Mat Program VLFA
Chief of Detention Health Nursing Services VWDG
Communicable Dis Pgrm Chief V7DA
Community Library Manager 3AGG
Contracts Administrator XQHE
County Emergency Svcs Dir 9GD2
Deputy Dir of Mental Health VQFB
Director of Ambulatory Care NS VWDC
Director of Family, M & CH VCFA
Director of Health Information Mgt VNDB
Director of Patient Accounting VADC
Director of PH Lab Svcs V0DA
Director of Safety and Performance Improvement VWFA
Director Pub Hlth Clinic Svcs VVGS
Director, Inpatient Nursing OP VWDF
EHS Division Manager XADD
Facilities Manager VCDC
Homeless Services Program Dir VBHE
Information System Auditor LWTA
MH Program Chief VQDN
Principal Appraiser DADC
Principal Real Property Agent DYDA
Property Tax Bus Sys Manager LWVD
Sheriff's Telecom Tech Manager PEDD
Soc Svc Busines Systems Applications Mgr XQHC
Social Svc Fraud Prevention Mgr XAGA
Sr Community Library Manager 3AGH
Supervising Civil Engineer NKGA
Supervising Structural Engineer-BI FADB
Supervisor, Inspection Services FADF
Telecom Manager PEDC
Managerial Classifications excluded from provisions in Section 2.2 Agency
Shop referenced as Tab C in Section 2.2.B.
APPENDIX C
Reference: Dills Act Government Code 3513(e):
"Managerial employee" means any employee having significant
responsibilities for formulating or administering agency or departmental
policies and programs or administering an agency or department.
1 of 1
Appendix B
Classifications Not Performing Supervisory Duties
(Non‐Supervisors Unit)
Job Code Classification
9GSA EMERGENCY PLANNING COORD
AJVC EMPLOYEE REHAB COUNSELOR
GBSA ENERGY MANAGER
5RWA ENVIRONMENTAL ANALYST I
5RVA ENVIRONMENTAL ANALYST II
XQSB EXEC ASST/DEVELP DISBL COUNCIL
SBSF FIRE DISTRICT FISCAL SPECIALST
RWSD FIRE EMS QUALITY IMPR COORD
VLSA HAZARDOUS MATERIALS OMBUDSPER
VCSG HEALTH PLAN MED ECON ANALYS
VCSK HEALTH PLAN MEMBER ADVOCATE
VCTB HEALTH SVCS ACCOUNTANT
VANF HEALTH SVCS ADMIN-LEVEL A
VANG HEALTH SVCS ADMIN-LEVEL B
VANH HEALTH SVCS ADMIN-LEVEL C
LBTC HEALTH SVCS INFO SYS PROG/ANL
LBTB HEALTH SVCS INFO SYSTEMS SPEC
VCXC HEALTH SVCS PLNR/EVAL-LEVEL A
VCXD HEALTH SVCS PLNR/EVAL-LEVEL B
VCTA HEALTH SVCS REIM ACCOUNTANT
XQSM HEALTH SVCS SPECIAL PROJ ADMIN
V9SD HOMELESS SVCS SPECIALIST
LBT1 HS IT CLIN SYS ANALYST II-PR
LBV3 HS IT CLIN SYS ANALYST I-PR
LBVB HS IT CLINICAL SYS ANALYST I
LBTE HS IT CLINICAL SYS ANALYST II
LBSD HS IT SECURITY SPECIALIST
VAS1 HS PLNR/EVAL-LEVEL B PROJECT
LBWC HS SYSTEMS ANALYST I
LBVC HS SYSTEMS ANALYST II
LBTD HS SYSTEMS ANALYST III
LBT2 HS SYSTEMS ANALYST III-PROJECT
LBV2 HS SYSTEMS ANALYST II-PROJECT
X7GB INDP LIV SKILL PRG COORDINATOR
X7HD INDP LIV SKILL PROG ASST COORD
LWTA INFO SYS AUDITOR
LPWA INFO SYS PROGRAMMER/ANALYST I
LTWC INFO SYS TECHNICIAN I
LFWA INFO SYSTEM ADMINISTRATOR I
LFVA INFO SYSTEM ADMINISTRATOR II
LFTA INFO SYSTEM ADMINISTRATOR III
AJWC INSURANCE ANALYST I
Page 2 of 4
Appendix B
Classifications Not Performing Supervisory Duties
(Non‐Supervisors Unit)
Job Code Classification
AJVB INSURANCE ANALYST II
2Y7B LEGAL ASSISTANT
AJWF LIABILITY CLAIMS ADJUSTER
VAHD MEDICAL STAFF SERVICES MANAGER
VQSA MH PROVIDER SVCS COORD
VQH3 MH VOCATIONAL SVCS COORD-PRJ
FASD NEIGHBORHOOD PRESVR PROG SPEC
XQS4 NEIGHBORHOOD SVCS COORD-PROJ
LBVA NETWORK ANALYST I
LNWA NETWORK TECHNICIAN I
LNVA NETWORK TECHNICIAN II
X7GA ONE-STOP OPER CONSORT ADMN
X7HC ONE-STOP OPER CONSORT ASST ADM
VASB PATIENT OMBUDSPERSON
VASD PATIENT RELTNS SVCS COORD
SATB PAYROLL ACCOUNTANT
SATC PAYROLL SYSTEMS ACCOUNTANT
5AWA PLANNER I
5AV1 PLANNER II-PROJECT
5AW1 PLANNER I-PROJECT
VBSG PRE-HOSPTL CARE COORDINATOR
VAVA PROPERTIES TRUST OFFICER
AXSD PUBLIC ADM PROGRAM ASST
V7VC PUBLIC HLTH EPIDE/BIOSTATICIAN
APSD PW CUSTOMER SERV COORDINATOR
LWSB PW GIS COORDINATOR
51SD REDEVELOPMENT/HOUSING SPEC I
51SE REDEVELOPMENT/HOUSING SPEC II
5A7A RESOURCE RECOVERY ASSISTANT
5ASA RESOURCE RECOVERY SPECIALIST
97TG RETIREMENT INFO SYS PROG/ANL
97SB RETIREMENT INFO TECH COORD I
AJWG SAFETY SVCS SPCLST-LVL A
ADHA SERVICE INTEGRATION TEAM COORD
ADGA SERVICE INTERGRATION PROG MNGR
64VA SHERIFF'S CRIME ANALYST
64SK SHERIFF'S MUTUAL AID COORD
X4SG SOC SVC APPEALS OFFICER
X4S2 SOC SVC APPEALS OFFICER-PRJ
XASH SOC SVC FISCAL COMPLIANCE ACCT
LTVJ SR BUSINESS SYSTEMS ANALYST
STTB SR BUYER
Page 3 of 4
Appendix B
Classifications Not Performing Supervisory Duties
(Non‐Supervisors Unit)
Job Code Classification
9GWB SR EMERGENCY PLANNING COORD
9GW1 SR EMERGENCY PLNG COORD -PROJ
AJTB SR INSURANCE ANALYST
51SC SR PLANNING TECHNICIAN
AJTC SR WORKERS COMP CLAIMS ADJS
LMS1 STORMWATER PCP CMPTR SPEC
NESB STRUCTURAL ENGINEER-BUILD INSP
VWSG SYMPTOM CONTROL PROG COORD
LWWB SYSTEMS ACCOUNTANT I
LWVB SYSTEMS ACCOUNTANT II
LWWA SYSTEMS SOFTWARE ANALYST I
LWVA SYSTEMS SOFTWARE ANALYST II
VBHC TOBACCO PREV PROJ COORDINATOR
5ATB TRANSPORTATION PLANNER
XQNB TRANSPORTATION SERVICES SPCLST
S5SD TREASURER'S INVEST OPS ANALYST
VWSD UTILIZATION REVIEW COORD
96WA VETERANS SVC REPRESENTATIVE
XDWF VOL AND EMERGENCY PROG SPEC
VCND VOL SVCS AND COMM RES ADMN
X4HD VOLUNTEER PROGRAM COORD
5ASD WATERSHED MGMNT PLNG SPEC
AJVE WELLNESS COORDINATOR
AJVF WORKERS COMP CLAIMS ADJUST II
AJWJ WORKERS COMP CLAIMS ADJUSTER I
XANA WORKFORCE SVCS SPECIALIST
Page 4 of 4
PROFESSIONAL & TECHNICAL ENGINEERS,
LOCAL 21, AFL-CIO
ATTACHMENTS
ATTACHMENT 1 SIDE LETTER
(INVOLUNTARY REASSIGNMENT)
ATTACHMENT 2 SIDE LETTER
(VOLUNTARY TRANSFER)
ATTACHMENT 3 RETURN TO WORK POLICY FOR
INDUSTRIAL INJURY OR ILLNESS
ATTACHMENT 4 SIDE LETTER
(LAYOFF PROCEDURE)
ATTACHMENT 5 SIDE LETTER
(LIMITED REOPENER)