HomeMy WebLinkAboutMINUTES - 04032012 - D.1RECOMMENDATION(S):
ADOPT Resolution No. 2012/123 approving the Memorandum of Understanding (MOU)
between Contra Costa County and the Deputy District Attorneys' Association (DDAA)
implementing negotiated wage agreements and other economic terms and conditions of
employment, for the period of July 1, 2011 through June 30, 2013.
FISCAL IMPACT:
The terms and conditions set forth in this action are estimated to achieve a structural annual
savings of $636,000. Of the $636,000, $445,000 is the savings associated with the 3.09%
reduction in salary and $274,000 is savings from the elimination of the Employer
subvention of Employee pension costs; an additional cost of $83,000 is netted against these
figures for a two percent at twenty years of service longevity differential. Savings in the
current fiscal year are anticipated to be $98,000. 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. 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.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 04/03/2012 APPROVED AS RECOMMENDED OTHER
Clerks Notes:REMOVED from consideration
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Mary N. Piepho, District III Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Gayle B. Uilkema, District II
Supervisor
Contact: Ted Cwiek, Human Resources
Director (925) 335-1766
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: April 3, 2012
David Twa, County Administrator and Clerk of the Board of
Supervisors
By: June McHuen, Deputy
cc: Robert Campbell, Auditor-Controller
D. 1
To:Board of Supervisors
From:Ted Cwiek, Human Resources Director
Date:April 3, 2012
Contra
Costa
County
Subject:Memorandum of Understanding with the Deputy District Attorneys' Association
BACKGROUND:
The DDAA began bargaining with Contra Costa County on or about May 23, 2011. The
Tentative Agreements were reached between the County and the DDAA and ratified on
or about March 30, 2012. The resulting Memorandum of Understanding, which is
attached, includes modifications to wages, retirement, health care, and other benefit
changes. In summary, the significant changes are:
Term
The term of the agreement is from July 1, 2011 through June 30, 2013.
General Wages - Section 5.1
Effective on July 1, 2012, the base rate of pay for all classifications represented
by the Deputy District Attorneys’ Association will be reduced by three and
nine hundredths percent (3.09%).
The Association will pay the County fifty thousand dollars ($50,000) to
compensate the County for the lost savings associated with subvention costs.
Health, Life & Dental Care - Section 13
Language in regard to dependents has been updated to reflect current federal
healthcare laws.
Retirement Contribution (Subvention) - Section 16
Effective April 1, 2012, 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.
Retirement/Tier IV Retirement Plan - Section 16
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 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.
Longevity Pay - Section 20
Permanent, full-time and part-time employees who have completed twenty (20)
years of Contra Costa County service are eligible to receive a 2% longevity
differential.
Annual Administrative Leave - Section 22
Administrative leave will be increased from eighty (80) hours to ninety-four
(94) hours a year.
Vacation Buy Back - Section 23
Employees promoted or hired by the County into any classification represented
by the DDAA on and after January 1, 2012, are not eligible for the Vacation
Buy Back program.
CONSEQUENCE OF NEGATIVE ACTION:
The County will not realize the savings associated with this action.
CHILDREN'S IMPACT STATEMENT:
None.
CLERK'S ADDENDUM
REMOVED from consideration.
ATTACHMENTS
MOU Deputy District Attorneys' Association
Deputy District Attorneys’ Assn 1 2011-2013 MOU
MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND
DEPUTY DISTRICT ATTORNEYS’ ASSOCIATION
This Memorandum of Understanding (MOU) is entered into pursuant to the
authority contained in Division 34 of Board of Supervisors' Resolution No.
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 No. 81/1165.
The parties have met and conferred in good faith regarding wages, hours and
other terms and conditions of employment for the employees in units in which the
Association is the recognized representative, have freely exchanged information,
opinions and proposals and have endeavored to reach agreement on all matters
relating to the employment conditions and employer-employee relations covering
such employees.
This MOU shall be presented to the Contra Costa County Board of Supervisors,
as the governing board of Contra Costa County, as the joint recommendations of
the undersigned for salary and employee benefit adjustments for the term set
forth herein.
SECTION 1 - ASSOCIATION RECOGNITION
Deputy District Attorneys’ Assn 2 2011-2013 MOU
SECTION 1 - ASSOCIATION RECOGNITION
The Association is the formally recognized employee organization for the
representation units listed below, and such organization has been certified as
such pursuant to Board of Supervisor’s Resolution 2008/132, dated March 11,
2008.
2KTF Deputy District Attorney – Basic Level
2KTG Deputy District Attorney – Advanced
2KWD Deputy District Attorney – Fixed Term
SECTION 2 - ASSOCIATION SECURITY
2.1 Dues Deduction. Pursuant to Board of Supervisors' Resolution No.
81/1165, only a majority representative may have dues deduction and as such
the Association has the exclusive privilege of dues deduction or agency fee
deduction for all employees in its units.
2.2 Maintenance of Membership. All employees in units represented by the
Association who are currently paying dues to the Association and all employees
in such units who hereafter become members of the Association shall as a
condition of continued employment pay dues to the Association for the duration
of this MOU and each year thereafter so long as the Association continues to
represent the position to which the employee is assigned, unless the employee
has exercised the option to cease paying dues in accordance with Section 2.3.
2.3 Withdrawal of Membership. By notifying the Auditor-Controller's
Department in writing, between August 1 and August 31, any employee may
withdraw from Association membership and discontinue paying dues as of the
payroll period commencing September 1. Upon close of the above referenced 30
day period, the Auditor-Controller shall submit to the Association the list of the
employees who have rescinded their authorization for dues deduction.
2.4 Communicating With Employees. Representatives of the Association,
not on County time, shall be permitted to place employee literature at designated
locations in County buildings if arranged through the Department Head or
designated representative.
2.5 Use of County Buildings. The Association shall be allowed the use of
areas normally used for meeting purposes for Association meetings during non-
work hours when:
A. Such space is available.
B. There is no additional cost to the County.
C. It does not interfere with normal County operations.
SECTION 3 - NO DISCRIMINATION
3 Deputy District Attorneys’ Assn 2011-2013 MOU
SECTION 3 - NO DISCRIMINATION
There shall be no discrimination because of age, sex, race, creed, color, national
origin, religion, disability, sexual orientation or Association activities against any
employee or applicant for employment by the County or by anyone employed by
the County.
SECTION 4 – ASSOCIATION REPRESENTATIVES
4.1 Attendance at Meetings. Employees designated as Association
Representatives or official representatives of the Association shall be allowed to
attend meetings held by County agencies during regular working hours on
County time as follows:
A. If their attendance is required by the County at a specific meeting,
including meetings of the Board of Supervisors.
B. If their attendance is sought by a hearing body or presentation of
testimony or other reasons.
C. If they are designated as an Association Representative, in which case
they may utilize a reasonable time at each level of the proceedings to
assist an employee to present a grievance provided the meetings are
scheduled at reasonable times agreeable to all parties.
D. If they are designated as spokesperson or representative of the
Association and as such make representations or presentations at
meetings or hearings on wages, salaries and working conditions; provided
in each case advance arrangements for time away from the employee's
work station or assignment are made with the appropriate Department
Head, and the County agency calling the meeting is responsible for
determining that the attendance of the particular employee(s) is required,
including meetings of the Board of Supervisors and Retirement Board
where items which are within the scope of representation and involving the
Association are to be discussed.
E. Association Representatives and Association officials shall advise, as far
in advance as possible, their immediate supervisor, or his/her designee, of
their intent to engage in Association business. All arrangements for
release time shall include the location, the estimated time needed and the
general nature of the Association business involved.
SECTION 5 - SALARIES
Deputy District Attorneys’ Assn 4 2011-2013 MOU
F. Official representative of the Association shall be allowed time off on
County time for meetings during regular working hours when formally
meeting and conferring in good faith or consulting with the Labor Relations
Manager or other management representatives on matters within the
scope of representation, provided advance arrangement for the time away
from the work assignment or station are made with the appropriate
Department Head. No more than four (4) Association Representatives will
be released at any one time during work hours for this purpose.
SECTION 5 - SALARIES
5.1 General Wages.
A. Effective on July 1, 2012, the base rate of pay for all classifications
represented by the Deputy District Attorneys’ Association will be reduced
by three and nine hundredths percent (3.09%).
B. The Association will pay the County fifty thousand dollars ($50,000) to
compensate the County for the lost savings associated with subvention
costs. A check for fifty thousand dollars ($50,000) will be paid to the
County on the first of the month after Board Approval of this MOU.
SECTION 6 - LAYOFFS
Layoffs, if necessary, will be made pursuant to the Contra Costa County
Personnel Management Regulations, Part 12 - LAYOFF.
SECTION 7 - JURY DUTY AND WITNESS DUTY
7.1 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 Municipal, Superior, or Federal Court, or a
Coroners jury, employees may remain in their regular County pay status,
or they may take paid leave (vacation, floating holiday, etc.) or leave
without pay and retain all fees and expenses paid to them.
SECTION 7 - JURY DUTY AND WITNESS DUTY
5 Deputy District Attorneys’ Assn 2011-2013 MOU
D. When an employee is summoned for jury duty selection or is selected as a
juror in a Municipal, Superior or Federal Court, employees may remain in
a regular pay status if they waive all fees (other than mileage), regardless
of shift assignment and the following shall apply:
1. If an employee elects to remain in a regular pay status and waive or
surrender all fees (other than mileage), the employee shall obtain
from the Clerk or Jury Commissioner a certificate indicating the
days attended and noting that fees other than mileage are waived
or surrendered. The employee shall furnish the certificate to his
department where it will be retained as a department record. No
"Absence/Overtime Record" is required.
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.
E. Employees are not permitted to engage in any employment regardless of
shift assignment or occupation before or after daily jury service that would
affect their ability to properly serve as jurors.
F. An employee on short notice standby to report to court, whose job duties
make short notice response impossible or impractical, shall be given
alternate work assignments for those days to enable them to respond to
the court on short notice.
G. When an employee is required to serve on jury duty, the County will adjust
that employee's work schedule to coincide with a Monday to Friday
schedule for the remainder of their service, unless the employee requests
otherwise.
H. Permanent-intermittent employees are entitled to paid jury duty leave only
for those days on which they were previously scheduled to work.
7.2 Witness Duty. Employees called upon as a witness or an expert witness
in a case arising in the course of their work or the work of another department
may remain in their regular pay status and turn over to the County all fees and
expenses paid to them other than mileage allowance or they may take vacation
leave or leave without pay and retain all fees and expenses.
Employees called to serve as witnesses in private cases or personal matters
(e.g., accident suits and family relations) shall take vacation leave or leave
without pay and retain all witness fees paid to them.
SECTION 8 - GRIEVANCE PROCEDURE
Deputy District Attorneys’ Assn 6 2011-2013 MOU
Retention or waiver of fees shall be governed by the same provisions as apply to
jury duty. 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 8 - GRIEVANCE PROCEDURE
8.1 Definition and Procedural Steps. A grievance is any dispute which
involves the interpretation or application of any provision of this MOU excluding,
however, those provisions of this MOU which specifically provide that the
decision of any County official shall be final. The interpretation or application of
those provisions not being subject to the grievance procedure. Disciplinary
action shall not be the subject of a grievance pursuant to this grievance
procedure. An employee may choose to appeal disciplinary action through the
Merit Board or by any other means available outside of this MOU. Grievances
regarding promotions or claims of discrimination are not subject to the grievance
procedure. The Association may represent the grievant at any stage of the
process.
Grievances must be filed within thirty (30) calendar days of the incident or
occurrence about which the grievant claims to have a grievance and shall be
processed in the following manner:
Step 1. The Association and any employee or group of employees who believes
that a provision of this MOU has been misinterpreted or misapplied to his or her
detriment shall discuss the complaint with the grievant's immediate supervisor,
who shall meet with the grievant within five (5) work days of receipt of a written
request to hold such meeting.
If a grievance is not satisfactorily resolved in Step 1 above, the grievant may
submit the grievance in writing and request that a Board of Adjustment be
convened, to such management official as the Department Head may designate.
This request shall be filed no more than (10) ten days after the completion of
Step 1. This formal written grievance shall state which provision of the MOU has
been misinterpreted or misapplied, how misapplication or misinterpretation has
affected the grievant to the grievant's detriment, and the redress he or she seeks.
A copy of each written communication on a grievance shall be filed with the
Director of Human Resources. The Department Head or his or her designee shall
have ten (10) work days in which to respond to the grievance in writing.
Step 2. BOARD OF ADJUSTMENT: Pursuant to a formal written request, as
defined above, a Board of Adjustment shall be created to be composed of two (2)
representatives of each party to this Agreement, for the purpose of passing on all
claims, disputes and grievances arising between the parties during the term of
SECTION 9 – WORK WEEK AND HOLIDAYS
7 Deputy District Attorneys’ Assn 2011-2013 MOU
this MOU. Said Board shall meet for consideration of any such matter referred to
it within seven (7) calendar days after receipt of said written request. For cases
other than those which are disciplinary in nature, the convening of the
Adjustment Board may be waived. The request of either party to extend the time
limit for the convening of the Board of Adjustment due to extenuating
circumstances will not be unreasonably denied. If the matter is not adjusted and
is impassed, the moving party shall communicate in writing to the other party
within twenty (20) business days following the meeting of the Board of
Adjustment their desire to proceed to arbitration. Failure of the moving party to
comply with the twenty (20) business day time limit herein specified shall be
deemed to be a conclusive waiver of the grievance.
Step 3. ARBITRATION: The parties will mutually select an impartial arbitrator.
If the parties are unable to agree upon the selection of an arbitrator, they shall
request a panel of arbitrators from the California State Mediation and Conciliation
Service and they shall select an arbitrator by utilizing the strike-off method. Any
fee for provision of a panel of arbitrators shall be split equally between the
parties.
Each party shall in good faith divulge to the other party all available material facts
at the time said party acquires knowledge thereof concerning the matter in
dispute. Nothing contained herein shall require either party to supply documents
which are irrelevant.
All jointly-incurred arbitration expenses shall be borne by the losing party. In the
event of a dispute concerning the application of this Section, the Arbitrator shall
be empowered to determine the allocation of expenses.
8.2 Compensation Claims. The Employer is not required to pay any wage
claim or portion thereof retroactively for a period of more than six (6) months
immediately prior to the date of the Employer’s receipt, of written notice from the
Union, of such claim.
8.3 Strike or Work Stoppage. During the term of this MOU, the Association,
its members and representatives, agree that it and they will not engage in,
authorize, sanction, or support any strike, slowdown, stoppage of work, sick-out,
or refusal to perform customary duties.
8.4 The arbitrator’s decision shall be final and binding. The arbitrator shall not
have the right to alter, amend, delete or add to any of the terms of this
Agreement.
SECTION 9 – WORK WEEK AND HOLIDAYS
9.1 Holidays Observed. The County will observe the following holidays:
SECTION 9 – WORK WEEK AND HOLIDAYS
Deputy District Attorneys’ Assn 8 2011-2013 MOU
New Year's Day Labor Day
Martin Luther King Jr. Day Veterans' Day
Presidents' Day Thanksgiving Day
Memorial Day Day after Thanksgiving Day
Independence Day Christmas Day
Such other days as the Board of Supervisors may, by Resolution, designate as
holidays.
9.2 Definitions.
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.
Flexible Work Schedule: A flexible work schedule is when the employee is
regularly scheduled to work other than eight (8) hours per day between Monday
and Friday, inclusive. The 9/80 schedule and the 4/10 schedule are two
examples of flexible work schedules.
9.3 Holidays Falling on Saturday/Sunday. Employees on regular, flexible,
and alternate work schedules 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.
9.4 Holidays on Regular Day Off of Employees on Flexible and Alternate
Work Schedules. When a holiday is observed by the County on the regularly
scheduled day off of an employee who is on a flexible or alternate work schedule,
the employee is entitled to take the day off, without a reduction in pay, in
recognition of the holiday. The employee is also entitled to receive flexible
compensatory time at the rate of 1.0 times his/her base rate of pay in recognition
of his/her regularly scheduled day off.
9.5 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.
9.6 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.
SECTION 10 – VACATION LEAVE
9 Deputy District Attorneys’ Assn 2011-2013 MOU
9.7 Automated Time Keeping : The Association will meet and confer with the
County regarding implementation of an Automated Time Keeping system for all
County employees.
SECTION 10 – VACATION LEAVE
10.1 Vacation Accrual Rates. Employees are entitled to accrue paid vacation
credit not to exceed the maximum cumulative hours as follows:
Monthly Maximum
Length of Service Accural Hours 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
10.2 Vacation Allowance for Separated Employees. On separation from
County service an employee shall be paid for any unused vacation credits at the
employees then current pay rate.
SECTION 11 – SICK LEAVE
11.1 Sick Leave. Employees are entitled to accrue paid sick leave credit in
accordance with the provisions of the County Salary Regulations and
Administrative Bulletin No. 411.7 (Sick Leave Policy) adopted on October 17,
1997, as periodically amended.
11.2 Part-Time Employees. Part-time employees are entitled to accrue paid
vacation and sick leave credit on a pro-rata basis.
SECTION 12 – LEAVE OF ABSENCE
12.1 Leave Without Pay. Any employee who has permanent status may be
granted a leave of absence without pay upon written request, approved by the
District Attorney.
12.2 General Administration – Leave of Absence. Requests for leave without
pay shall be made upon forms prescribed by the Director of Human Resources
SECTION 11 – SICK LEAVE
Deputy District Attorneys’ Assn 10 2011-2013 MOU
and shall state specfically the reason for the request, the date when it is desired
to begin the leave, and the probable date of return.
A. Leave without pay may be granted for any of the following reasons:
1. Illness or disability
2. Pregnancy
3. Parental
4. To engage in a course of study which will increase the emplolyee’s
skills upon return to the position.
5. For other reasons or circumstance acceptable to the District
Attorney.
B. An employee must request family care leave at least thirty (30) days
before the leave is to begin if the reason for the leave if foreseeable. If the
need is not forseeable, the employee must provide written notice to the
employer within five (5) days of learning of the event by which the need for
the family care leave arises.
C. A leave with pay may be for a period not to exceed one (1) year.
12.3 Family Care Leave or Medical Leave. Upon request to the District
Attorney, in a rolling twelve (12) month period measured backward from the date
the employee uses his/her FMLA leave, any employee who has permanent
status shall be entitled to at least twelve (12) weeks leave (less if so requested
by the employee) for:
A. Medical leave of absence for the employee's own serious health condition
which makes the employee unable to perform the functions of the
employee's position; or
B. Family care leave of absence without pay for reason of the birth of a child
of the employee, the placement of a child with an employee in connection
with the adoption or foster care of the child by the employee, or the
serious illness or health condition of a child, parent, spouse, or domestic
partner of the employee.
12.4 Certification. The employee may be asked to provide certification of the
need for family care leave or medical leave. Additional period(s) of family care or
medical leave may be granted by the appointing authority.
SECTION 11 – SICK LEAVE
11 Deputy District Attorneys’ Assn 2011-2013 MOU
12.5 Intermittent Use of Leave. The twelve (12) week entitlement may be
used intermittently on a regular or irregular basis, or may include reduced work
schedules depending on the specific circumstances and situations surrounding
the request for leave. The twelve (12) weeks may include use of appropriate
available paid leave accruals when accruals are used to maintain pay status.
When paid leave accruals are used for a medical or family care leave, such time
shall be counted as a part of the twelve (12) week entitlement.
12.6 Aggregate Use for Spouse. In the situation where husband and wife are
both employed by the County, the family care of medical leave entitlement based
on the birth, adoption or foster care of a child is limited to an aggregate for both
employees together of twelve (12) weeks during a “rolling” twelve (12) month
period measured backward from the date the employee uses his/her FMLA
leave. Employees requesting family care leave are required to advise their
appointing authority(ies) when their spouse is also employed by the County.
12.7 Definitions. For medical and family care leaves of absence under this
section, the following definitions apply:
A. Child: A biological, adopted, or foster child, stepchild, legal ward,
conservatee or a child who is under eighteen (18) years of age for whom
an employee stands in loco parentis or for whom the employee is the
guardian or conservator, or an adult dependent child of the employee.
B. Parent: A biological, foster, or adoptive parent, a step-parent, legal
guardian, conservator, or other person standing in loco parentis to a child.
C. Spouse: A partner in marriage as defined in California Civil Code Section
4100.
D. Domestic Partner: An unmarried person, eighteen (18) years or older, to
whom the employee is not related and with whom the employee resides
and shares the common necessities of life.
E. Serious Health Condition: An illness, injury, impairment, or physical or
mental condition which warrants the participation of a family member to
provide care during a period of treatment or supervision and involves
either inpatient care in a hospital, hospice or residential health care facility
or continuing treatment or continuing supervision by a health care provider
(e.g. physician or surgeon) as defined by State and Federal law.
F. Certification for Family Care Leave: A written communication to the
employer from a health care provider of a person for whose care the leave
is being taken which need not identify the serious health condition
involved, but shall contain:
SECTION 13 - HEALTH, LIFE & DENTAL CARE
Deputy District Attorneys’ Assn 12 2011-2013 MOU
1. the date, if known, on which the serious health condition
commenced;
2. the probable duration of the condition;
3. an estimate of the amount of time which the employee needs to
render care or supervision;
4. a statement that the serious health condition warrants the
participation of a family member to provide care during period of
treatment or supervision;
5. if for intermittent leave or a reduced work schedule leave, the
certification should indicate that the intermittent leave or reduced
leave schedule is necessary for the care of the individual or will
assist in their recovery, and its expected duration.
G. Certification for Medical Leave: A written communication from a health
care provider of an employee with a serious health condition or illness to
the employer, which need not identify the serious health condition
involved, but shall contain:
1. the date, if known, on which the serious health condition
commenced;
2. the probable duration of the condition;
3. a statement that the employee is unable to perform the functions of
the employee's job;
4. if for intermittent leave or a reduced work schedule leave, the
certification should indicate the medical necessity for the
intermittent leave or reduced leave schedule and its expected
duration.
H. Comparable Positions: A position with the same or similar duties and pay
which can be performed at the same or similar geographic location as the
position held prior to the leave. Ordinarily, the job assignment will be the
same duties in the same program area located in the same city, although
specific clients, caseload, co-workers, supervisor(s), or other staffing may
have changed during an employee's leave.
SECTION 13 - HEALTH, LIFE & DENTAL CARE
SECTION 13 - HEALTH, LIFE & DENTAL CARE
13 Deputy District Attorneys’ Assn 2011-2013 MOU
13.1 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:
1. Contra Costa Health Plans (CCHP)
2. Kaiser Permanente Health Plan
3. Health Net
4. Delta Dental
5. DeltaCare (PMI)
Employee Co-pays for these plans are as shown on Appendix A.
13.2 Monthly Premium Subsidy:
A. For each health and/or dental plan, the County’s monthly premium subsidy
is a set dollar amount and is not a percentage of the premium charged by
the plan. The County will pay the following monthly premium subsidy:
1. Contra Costa Health Plans (CCHP), Plan A
Single: $ 509.92
Family: $1,214.90
2. Contra Costa Health Plans (CCHP), Plan B
Single: $528.50
Family: $1,255.79
3. Kaiser Permanente Health Plan
Single: $478.91
Family: $1,115.84
4. Health Net HMO
Single: $627.79
Family: $1,540.02
5. Health Net PPO
Single: $604.60
Family: $1,436.25
6. Delta Dental with CCHP A or B
Single: $41.17
Family: $93.00
7. Delta Dental with Kaiser or Health Net
Single: $34.02
SECTION 13 - HEALTH, LIFE & DENTAL CARE
Deputy District Attorneys’ Assn 14 2011-2013 MOU
Family: $76.77
8. Delta Dental without a Health Plan
Single: $43.35
Family: $97.81
9. DeltaCare (PMI) with CCHP A or B
Single: $25.41
Family: $54.91
10. DeltaCare (PMI) with Kaiser or Health Net
Single: $21.31
Family: $46.05
11. DeltaCare (PMI) without a Health Plan
Single: $27.31
Family: $59.03
B. If the County contracts with a health 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.
13.3 Retirement Coverage:
A. Upon Retirement:
1. Upon retirement and for the term of this agreement, eligible
employees and their eligible family members may remain in their
County health/dental plan, but without County-paid life insurance
coverage, if immediately before their proposed retirement the
employees and dependents are either active subscribers to one of
the County contracted health/dental plans or if while on authorized
leave of absence without pay, they have retained continuous
coverage during the leave period. The County will pay the
Heath/Dental monthly premium subsidies for eligible retirees and
their eligible family members set forth in subsection 13.2(Monthly
Premium Subsidy).
SECTION 13 - HEALTH, LIFE & DENTAL CARE
15 Deputy District Attorneys’ Assn 2011-2013 MOU
2. Any person who becomes age 65 on or after December 14, 2010,
and who is eligible for Medicare must immediately enroll in
Medicare Parts A and B.
3. For employees hired on or after December 14, 2010, 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 or dental plan provided that (i) he or she begins to
receive a monthly retirement allowance from CCCERA within one
hundred twenty (120) days of separation from County employment
and (ii) he or she pays the full premium cost under the health or
dental plan without any County premium subsidy.
B. Employees Who File For Deferred Retirement. Employees, who resign
and file for a deferred retirement and their eligible family members, may
continue in their County group health and dental plan under the following
conditions and limitations.
1. Health and dental coverage during the deferred retirement period is
totally at the expense of the employee, without any County
contributions.
2. Life insurance coverage is not included.
3. To continue health and dental coverage, the employee must:
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.
SECTION 13 - HEALTH, LIFE & DENTAL CARE
Deputy District Attorneys’ Assn 16 2011-2013 MOU
4. Deferred retirees who elect continued health benefits hereunder
and their eligible family members may maintain continuous
membership in their County health and/or dental plan group during
the period of deferred retirement by paying the full premium for
health and dental coverage on or before the 10th of each month, to
the Contra Costa County Auditor-Controller. When the deferred
retirees begin to receive retirement benefits, they will qualify for the
same health and/or dental plan coverage pursuant to Subsection
13.3 (Retirement Coverage) paragraph A as similarly situated
retirees who did not defer retirement are entitled.
5. Deferred retirees may elect health benefits hereunder without
electing to maintain participation in their County health and/or
dental plan during their deferred retirement period. When the
deferred retirees begin to receive retirement benefits, they will
qualify for the same health and/or dental coverage pursuant to
Subsection 13.3 (Retirement Coverage) paragraph A as similarly
situated retirees who did not defer retirement, provided
reinstatement to a County group health and/or dental plan will only
occur following a three (3) full calendar month waiting period after
the month in which their retirement allowance commences.
6. Employees who elect deferred retirement will not be eligible in any
event for County health or dental plan subvention unless the
member draws a monthly retirement allowance within twenty-four
(24) months after separation from County service.
7. Deferred retirees and their eligible family members are required to
meet the same eligibility provisions for health/dental coverage as
similarly situated retirees who did not defer retirement.
C. Employees Hired After December 31, 2006 - Eligibility for Retiree Health
Coverage: All employees hired after December 31, 2006 are eligible for
retiree health/dental coverage pursuant to subsection 13.3 (Retirement
Coverage) paragraphs (A) and (B), above, upon completion of fifteen (15)
years of service as an employee of Contra Costa County. For purposes of
retiree health eligibility, one (1) year of service is defined as one thousand
(1,000) hours worked within one anniversary year. The existing method of
crediting service while an employee is on an approved leave of absence
will continue for the duration of this Agreement.
D. Subject to the provisions of subsection 13.3 (Retirement Coverage)
paragraphs A, B, and C and upon retirement, the following employees
(and their eligible family members) are eligible to receive a monthly
premium subsidy for health and dental plans or are eligible to retain
continuous coverage of such plans: employees, and each employee who
SECTION 13 - HEALTH, LIFE & DENTAL CARE
17 Deputy District Attorneys’ Assn 2011-2013 MOU
retires from a position or classification that was represented by this
bargaining unit at the time of his or her retirement.
E. For purposes of this subsection 13.3 (Retirement Coverage) only, “eligible
family members” does not include Survivors of employees or retirees.
13.4 Health Plan Coverages and Provisions. The following provisions are
applicable regarding County Health and Dental Plan participation:
A. Health, Dental and Life Participation by Other Employees:
Permanent part-time employees working nineteen (19) hours per
week or less may participate in the County Health or Dental plans
(with the associated life insurance benefit) at the employee’s full
expense.
B. Coverage Upon Separation: An employee who separates from
County employment is covered by his/her County health and/or
dental plan through the last day of the month in which he/she
separates. Employees who separate from County employment
may continue group health and/or dental plan coverage to the
extent provided by the COBRA laws and regulations.
13.5 Family Member Eligibility Criteria: The following persons may be
enrolled as the eligible Family Members of a medical or dental plan Subscriber:
A. Health Insurance
1. Eligible Dependents:
a. Employee’s Legal Spouse
b. Employee’s qualified domestic partner
c. Employee’s child to age 26
d. Employee’s Disabled Child who is:
(1) over age 26,
i. Unmarried; and,
ii. Incapable of sustaining employment due to a
physical or mental disability that existed prior to
the child’s attainment of age 19.
2. “Employee’s child” includes natural child, child of a qualified
domestic partner, step-child, adopted child and a child specified in
a Qualified Medical Child Support Order (QMCSO) or similar court
order.
B. Dental Insurance
SECTION 13 - HEALTH, LIFE & DENTAL CARE
Deputy District Attorneys’ Assn 18 2011-2013 MOU
1. Eligible Dependents:
a. Employee’s Legal Spouse
b. Employee’s qualified domestic partner
c. Employee’s unmarried child who is:
(1) Under age 19; or
(2) Age 19, or above, but under age 24; and,
i. Resides with the Employee for more than 50%
of the year excluding time living at school; and,
ii. Receives at least 50% of support from
Employee; and,
iii. Is enrolled and attends school on a full-time
basis, as defined by the school.
d. Employee’s Disabled Child who is:
(1) Over age 19,
i. Unmarried; and,
ii. Incapable of sustaining employment due to a
physical or mental disability that existed prior to
the child’s attainment of age 19.
2. “Employee’s child” includes natural child, child of a qualified
domestic partner, step-child, adopted child and a child specified in
a Qualified Medical Child Support Order (QMCSO) or similar court
order.
13.6 Dual Coverage.
A. Each employee and retiree may be covered only by a single County health
(or dental) plan, including a CalPERS plan. For example, a County
employee may be covered under a single County health and/or dental
plan as either the primary insured or the dependent of another County
employee or retiree, but not as both the primary insured and the
dependent of another County employee or retiree.
B. All dependents as defined in Section 13.5 Family Member Eligibility
Criteria, may be covered by the health and/or dental plan of only one
spouse or one domestic partner. For example, when both husband and
wife are County employees, all of their eligible children may be covered as
dependents of either the husband or the wife, but not both.
C. For purposes of this subsection 13.6 (Dual Coverage) only, “County”
includes the County of Contra Costa and all special districts governed by
the Board of Supervisors, including, but not limited to, the Contra Costa
County Fire Protection District.
SECTION 13 - HEALTH, LIFE & DENTAL CARE
19 Deputy District Attorneys’ Assn 2011-2013 MOU
13.7 Life Insurance Benefit Under Health and Dental Plans. For employees
who are enrolled in the County’s program of medical or dental coverage as either
the primary or the dependent, term life insurance in the amount of ten thousand
dollars ($10,000) will be provided by the County. For Deputy District Attorneys,
additional Group Term Life Insurance in the amount of forty-five thousand dollar
($45,000) will be provided by the County.
13.8 Supplemental Life Insurance. In addition to the life insurance benefits
provided by this agreement, employees may subscribe voluntarily and at their
own expense for supplemental life insurance. Employees may subscribe for an
amount not to exceed five hundred thousand dollars ($500,000), of which one
hundred thousand ($100,000) is a guaranteed issue, provided the election is
made within the required enrollment periods.
13.9 Health Care Spending Account. After six (6) months of permanent
employment, full and part-time (20/40 or greater) employees may elect to
participate in a Health Care Spending Account (HCSA) Program designated to
qualify for tax savings under Section 125 of the Internal Revenue Code, but such
savings are not guaranteed. The HCSA Program allows employees to set aside
a predetermined amount of money from their pay, not to exceed the maximum
amount authorized by federal law, per calendar year, of before tax dollars, for
health care expenses not reimbursed by any other health benefit plans. HCSA
dollars may be expended on any eligible medical expenses allowed by Internal
Revenue Code Section 125. Any unused balance is forfeited and cannot be
recovered by the employee.
13.10 PERS Long-Term Care. The County will deduct and remit monthly
premiums to the PERS Long-Term Care Administrator for employees who are
eligible and voluntarily elect to purchase long-term care at their personal expense
through the PERS Long-Term Care Program.
13.11 Dependent Care Assistance Program. The County offers the option of
enrolling in a Dependent Care Assistance Program (DCAP) designed to qualify
for tax savings under Section 129 of the Internal Revenue Code, but such
savings are not guaranteed. The program allows employees to set aside a
predetermined amount of annual salary not to exceed the lesser of either five
thousand dollars ($5,000) or the maximum amount authorized by federal law, per
calendar year, of before tax dollars to pay for eligible dependent care (child and
elder care) expenses. Any unused balance is forfeited and cannot be recovered
by the employee.
13.12 Premium Conversion Plan. The County offers the Premium Conversion
Plan (PCP) designed to qualify for tax savings under Section 125 of the Internal
Revenue Code, but tax savings are not guaranteed. The program allows
employees to use pre-tax dollars to pay health and dental premiums.
SECTION 14 – CATASTROPHIC LEAVE BANK
Deputy District Attorneys’ Assn 20 2011-2013 MOU
13.13 Prevailing Section. To the extent that any provision of this Section 13
(Health, Life and Dental Care) is inconsistent with any provision of any other
County enactment or policy, including but not limited to Administrative Bulletins,
the Salary Regulations, the Personnel Management Regulations, or any other
agreement or order of the Board of Supervisors, the provision(s) of this Section
13 (Health, Life and Dental Care) will prevail.
13.14 Rate Information. The County Benefits Division will make health and
dental plan rate information available upon request to employees and
departments. In addition, the County Benefits Division will publish and distribute
to employees and departments information about rate changes as they occur
during the year.
13.15 Partial Month. The County's contribution to the health plan premium is
payable for any month in which the employee is paid. If an employee is not paid
enough compensation in a month to pay the employee share of the premium, the
employee must make up the difference by remitting the amount delinquent to the
Auditor-Controller. The responsibility for this payment rests with the employee.
If payment is not made, the employee shall be dropped from the health plan.
13.16 Coverage During Absences. Employees shall be allowed to maintain
their health plan coverage at the County group rate for twelve (12) months if on
approved leave of absence provided that the employee shall pay the entire
premium (i.e. both employer and employee share) for the health plan during said
leave. Said payment shall be made by the employee at a time and place
specified by the County. Late payment shall result in cancellation of health plan
coverage.
An employee on leave in excess of twelve (12) months may continue group
coverage subject to the provisions of the Consolidated Omnibus Budget
Reconciliation Act (COBRA) provided the employee pays the entire cost of
coverage, plus any administrative fees, for the option selected. The entire cost of
coverage shall be paid at a place and time specified by the County. Late
payment may result in cancellation of health plan coverage with no reinstatement
allowed.
13.17 Child Care. The County will continue to support the concept of non-profit
child care facilities similar to the “Kid’s at Work” program established in the Public
Works Department.
SECTION 14 – CATASTROPHIC LEAVE BANK
14.1 Program Design. 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
SECTION 14 – CATASTROPHIC LEAVE BANK
21 Deputy District Attorneys’ Assn 2011-2013 MOU
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
employee may remain in paid status for a longer period of time, thus
partially ameliorating the financial impact of the illness, injury or condition.
Catastrophic illness or injury is defined as a critical medical condition, a
long-term major physical impairment or disability 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 as
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 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,
SECTION 15 – TRAVEL REIMBURSEMENT
Deputy District Attorneys’ Assn 22 2011-2013 MOU
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. The donating employee has fourteen (14) calendar days from
notification to submit his/her decision regarding the status of their
donation, or the hours will be irrevocably transferred to the Catastrophic
Leave Bank.
J. Any unused hours transferred to a recipient will be returned to the
Catastrophic Leave Bank.
SECTION 15 – TRAVEL REIMBURSEMENT
The County will pay a mileage allowance for the use of personal vehicles on
County business at the rate allowed by the Internal Revenue Service (IRS) as a
tax deductible expense, adjusted to reflect changes in this rate on the date it
becomes effective or the first of the month following announcement of the
SECTION 15 – TRAVEL REIMBURSEMENT
23 Deputy District Attorneys’ Assn 2011-2013 MOU
changed rate by the IRS, whichever is later. This section will be administered in
accordance with Administrative Bulletin 111.7.
SECTION 16 – RETIREMENT
16.1 Contribution. Effective on April 1, 2012 employees are responsible for the
payment of one hundred percent (100%) of the employees’ basic retirement
benefit contributions determined annually by the Board of Retirement of the
Contra Costa County Employees’ Retirement Association, without the County
paying any part of the employees’ contribution. Employees are also responsible
for the payment for the employee’s 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. The County is responsible for
one hundred percent (100%) of the employer’s retirement contributions
determined annually by the Board of Retirement.
16.2 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.
16.3 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 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 elected by the employee.
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.
SECTION 17 – PROFESSIONAL EXPENSES
Deputy District Attorneys’ Assn 24 2011-2013 MOU
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.
SECTION 17 – PROFESSIONAL EXPENSES
17.1 The County shall reimburse each Deputy District Attorney up to a
maximum of six hundred dollars ($600) for each fiscal year for the following types
of expenses: membership dues in legal, professional associations; purchase of
legal publications; legal on-line computer services; and training and travel costs
for educational courses related to the duties of a Deputy District Attorney; and
software and hardware from a standardized County approved list or with
Department Head approval. Each Deputy District Attorney agrees to comply with
the provisions of the Computer Use and Security Policy adopted by the Board of
Supervisors. Certification regarding compliance with the County’s Computer Use
and Security Policy may be required.
The reimbursement of training expenses includes books and is governed by any
Administrative Bulletins on Travel or Training.
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).
Any unused accrual may be carried forward to the next fiscal year up to eight
hundred dollars ($800).
The County shall reimburse each Deputy District Attorney for California State Bar
membership dues (but not penalty fees) and for criminal specialization fees. To
be eligible, one must be employed by the Deputy District Attorney with the Contra
Costa County District Attorney’s Office as of January 1 of the calendar year for
which reimbursement is requested.
SECTION 18 – 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 of absence during any given month. The
differential is one hundred dollars ($100.00) per month.
SECTION 19 – WORKERS’ COMPENSATION
25 Deputy District Attorneys’ Assn 2011-2013 MOU
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.
SECTION 19 – WORKERS’ COMPENSATION
A permanent non-safety employee shall continue to receive the appropriate
percent of regular monthly salary for all accepted claims filed before January 1,
2000. For all accepted claims filed with the County on or after January 1, 2000,
the percentage of pay for employees entitled to Workers’ Compensation shall be
decreased from eighty-seven percent (87%) to eighty-six percent (86%). For all
accepted claims filed with the County on or after January 1, 2007, the percentage
of regular monthly salary for employees entitled to Workers’ Compensation shall
be decreased from eighty-six percent (86%) to eighty percent (80%). For all
accepted claims filed with the County on or after January 1, 2008, the percentage
of regular monthly salary for employees entitled to Workers’ Compensation shall
be decreased from eighty percent (80%) to seventy-five percent (75%). If
Workers’ Compensation becomes taxable, the County agrees to restore the
original benefit level (100% of monthly salary) and the parties shall meet and
confer with respect to funding the increased cost.
A. Waiting Period. There is a three (3) calendar day waiting period before
Workers' Compensation benefits commence. If the injured worker loses
any time on the day of injury, that day counts as day one (1) of the waiting
period. If the injured worker does not lose time on the date of injury, the
waiting period will be the first three (3) calendar days the employee does
not work as a result of the injury. The time the employee is scheduled to
work during this waiting period will be charged to the employee's sick
leave and/or vacation accruals. In order to qualify for Workers'
Compensation the employee must be under the care of a physician.
Temporary compensation is payable on the first three (3) days of disability
when the injury necessitates hospitalization, or when the disability
exceeds fourteen (14) days.
B. Continuing Pay. Permanent employees shall continue to receive the
appropriate percentage as outlined above of their regular monthly salary
during any period of compensable temporary disability not to exceed one
year. Payment of continuing pay and/or temporary disability compensation
shall be made in accordance with Part 2, Article 3 of the Workers’
Compensation Laws of California. "Compensable temporary disability
absence" for the purpose of this Section, is any absence due to work
connected disability which qualifies for temporary disability compensation
under Workers' Compensation Law set forth in Part 2, Article 3 of the
Workers’ Compensation Laws of California.. When any disability becomes
medically permanent and stationary and/or maximum medical
SECTION 19 – WORKERS’ COMPENSATION
Deputy District Attorneys’ Assn 26 2011-2013 MOU
improvement, the salary provided in this Section shall terminate. No
charge shall be made against sick leave or vacation for these salary
payments. Sick leave and vacation rights shall not accrue for those
periods during which continuing pay is received.
The County contribution to the employee’s group medical plan shall
continue during any period of compensable temporary disability absence.
Employees shall be entitled to a maximum of one (1) year of continuing
pay benefits for any one (1) injury or illness.
C. Continuing pay begins at the same time that temporary Workers'
Compensation benefits commence and continues until either the member
is declared medically permanent/stationary and/or reaches maximum
medical improvement, or until one (1) year of continuing pay, whichever
comes first, provided the employee remains in an active employed status.
Continuing pay is automatically terminated on the date an employee is
separated from County service by resignation, retirement, layoff, or the
employee is no longer employed by the County. In these instances,
employees will be paid Workers’ Compensation benefits as prescribed by
Workers’ Compensation laws. All continuing pay will be cleared through
the County Administrator's Office, Risk Management Division.
Whenever an employee who has been injured on the job and has returned
to work is required by an attending physician to leave work for treatment
during working hours the employee shall be allowed time off up to three
(3) hours for such treatment without loss of pay or benefits provided the
employee notifies his supervisor of the appointment at least three (3)
working days prior to the appointment or as soon as the employee aware
the appointment has been made. Said visits are to be scheduled
contiguous to either the beginning or end of the scheduled work day
whenever possible. This provision applies only to injuries/illnesses that
have been accepted by the County as work related.
D. Applicable Pay Beyond One Year. If an injured employee remains eligible
for temporary disability beyond one (1) year, applicable salary will continue
by integrating sick leave and/or vacation accruals with Workers'
Compensation benefits. If salary integration is no longer available,
Workers' Compensation benefits will be paid directly to the employee as
prescribed by Workers' Compensation laws.
E. Rehabilitation Integration. An injured employee who is eligible for
Workers' Compensation Rehabilitation Temporary Disability benefits and
whose disability is medically permanent and stationary and/or reaches
maximum medical improvement, will continue to receive applicable salary
by integrating sick leave and/or vacation accruals with Workers'
SECTION 20 – LONGEVITY PAY
27 Deputy District Attorneys’ Assn 2011-2013 MOU
Compensation Rehabilitation Temporary Disability benefits until those
accruals are exhausted.
Thereafter, the Rehabilitation Temporary Disability benefits will be paid
directly to the employee.
F. Health Insurance. The County contribution to the employee's group
insurance plan(s) continues during the continuing pay period and during
integration of sick leave or vacation with Workers' Compensation benefits.
G. Method of Integration. An employee's sick leave and/or vacation charges
shall be calculated as follows:
C = 8 [1 - (W ÷ S)]
C = Sick leave or vacation charge per day (in hours)
W = Statutory Workers' Compensation for a month
S = Monthly salary
SECTION 20 – LONGEVITY PAY
A. Longevity Differential. Permanent, full-time and part-time employees
who have completed ten (10) years of Contra Costa County service will
receive a two 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. Longevity Differential. Permanent, full-time and part-time employees
who have completed fifteen (15) years of Contra Costa County service will
receive a two 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.
C. Longevity Differential. Permanent, full-time and part-time employees
who have completed twenty (20) years of Contra Costa County service will
receive a two percent (2%) longevity differential effective on the first day of
the month following the month in which the employee qualifies for the
twenty (20) year service award. For those employees who completed
twenty (20) years of service on or before April 1, 2012, this longevity
differential will be paid prospectively only from April 1, 2012.
SECTION 21 – DEFERRED COMPENSATION INCENTIVE
A. The County will contribute sixty dollars ($60) per month to each employee
who participates in the County’s Deferred Compensation Plan. To be
SECTION 21 – DEFERRED COMPENSATION INCENTIVE
Deputy District Attorneys’ Assn 28 2011-2013 MOU
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 sixty dollar ($60) 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 Agreement, the
County will contribute one hundred and fifty dollars ($150) per
month to an employee’s account in the Contra Costa County
Deferred Compensation Plan, or other tax-qualified savings
program designated by the County, for employees who meet all of
the following conditions:
a. The employee must be hired by Contra Costa County on or
after 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.
SECTION 22 – ANNUAL ADMINISTRATIVE LEAVE
29 Deputy District Attorneys’ Assn 2011-2013 MOU
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.
SECTION 22 – ANNUAL ADMINISTRATIVE LEAVE
A. On January 1st of each year, full-time employees’ in paid status and in the
classifications of District Attorney – Basic Level, Deputy District Attorney –
Advanced, and Deputy District Attorney Fixed Term will be credited with
ninety four (94) hours of paid Administrative Leave. Employees appointed
after July 1st will be credited for forty seven (47) hours of annual
administrative leave on the first succeeding January 1st and will be
credited for ninety four (94) hours annually thereafter. Annual
Administrative leave must be used during the calendar year in which it is
credited and any unused hours may not be carried forward.
B. Permanent part-time employees are eligible for administrative leave on a
prorated basis, based upon their position hours. Permanent-intermittent
employees are not eligible for administrative leave.
SECTION 23 – VACATION BUY-BACK
Deputy District Attorneys’ Assn 30 2011-2013 MOU
C. Employees appointed (hired or promoted) are eligible for administrative
leave on the first day of the month following their appointment date and
will receive annual administrative leave in accordance with subsection A.,
above.
SECTION 23 – VACATION BUY-BACK
A. For Employees Hired Before January 1, 2012:
District Attorney – Basic Level, Deputy District Attorney – Advanced, and
Deputy District Attorney Fixed Term, 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.
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.
B. For Employees Hired On and After January 1, 2012:
Employees promoted or hired by the County into any classification
represented by the Deputy District Attorneys Association on and after January
1, 2012, are not eligible for the Vacation Buy-Back benefit. However, any
employee who was eligible for a Vacation Buy-Back benefit before promoting
into a classification represented by the Deputy District Attorneys Association
will retain that benefit after promoting into a classification represented by the
Deputy District Attorneys Association.
SECTION 24 – SICK LEAVE INCENTIVE
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.
SECTION 25 – VIDEO DISPLAY TERMINAL (VDT) USERS EYE
EXAM
31 Deputy District Attorneys’ Assn 2011-2013 MOU
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 Payment of Unused
Continuous Service Sick Leave Payable
3 - 5 years 30%
5 - 7 years 40%
7 plus years 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 payment pursuant to this
section precludes County retirement benefits resulting from employment
by this County or Districts governed by the Board.
SECTION 25 – VIDEO DISPLAY TERMINAL (VDT) USERS EYE EXAM
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.
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.
SECTION 26 – LONG-TERM DISABILITY INSURANCE
SECTION 28 – LAW SCHOOL STUDENT LOAN
REIMBURSEMENT PROGRAM
Deputy District Attorneys’ Assn 32 2011-2013 MOU
The County will continue in force the Long-Term Disability Insurance program
with a replacement limit of eighty-five percent (85%) of total monthly base
earnings reduced by any deductible benefits.
SECTION 27– ATTORNEY FIXED-TERM CLASSES
A. The Fixed-Term (2KWD) attorney class is ineligible for the following
benefits:
1. Longevity Pay Plan
2. Life Insurance
3. Long-Term Disability
4. Attorney Professional Development Reimbursement Fund fifty
percent (50%) of the benefit is available on January 1 and fifty
percent (50%) is available on July 1.
B. Employees in the Fixed-Term Attorney class will be credited hours paid
administrative leave each January 1, subject to the provisions of the MOU.
SECTION 28 – LAW SCHOOL STUDENT LOAN REIMBURSEMENT
PROGRAM
For purposes of retention and to bridge the gap between the newer attorneys and
those attorneys that qualify for longevity pay.
A. Eligibility: Fixed term employees and those employees that are
converted from fixed term to regular employees. The measuring
period runs from date of hire to anniversary date. Such payments
shall only be made to employees on the payroll as of the date of
ratification of this agreement.
B. Qualifying amounts and terms:
i. After completion of the third full year of employment as a
fixed-term full-time employee, (twelve consecutive months of
service) those eligible fixed-term employees are eligible to
receive $2000 for purposes of reimbursement for law school
student loan payments.
ii. For those employees that are not retained and not converted
to regular employees, upon completion of their ninth
SECTION 28 – LAW SCHOOL STUDENT LOAN
REIMBURSEMENT PROGRAM
33 Deputy District Attorneys’ Assn 2011-2013 MOU
consecutive month of employment in their third year, an
amount not to exceed $1000 will be payable to eligible
employees.
iii. After conversion from a fixed-term employee to a regular
employee in the fourth full year of employment with the
County, at the conclusion of twelve consecutive months of
service, the eligible Deputy District Attorneys are eligible to
receive $3000 for purposes of reimbursement for law school
student loan payments.
iv. After the completion of the fifth full year of employment as a
regular full-time employee, (twelve consecutive months of
service) the eligible Deputy District Attorneys are eligible to
receive $4000 for purposes of reimbursement for law school
student loan payments.
v. For persons employed less than forty hours per week, the
law school reimbursement amount shall be adjusted
proportionately to the percentage of time the person is
actively working throughout the respective year.
vi. Employee must supply documentation reflecting the
existence of an outstanding student loan and annual
payment record for the student loan during the preceding
twelve months.
vii. This Law School Loan Reimbursement Program becomes
effective one month after approval by the Board of
Supervisors. Third year employees that reached their
anniversary date in December 2007, and have been
converted to regular employees, after completing 12
consecutive months of employment with the District
Attorneys office are eligible to receive $2000 reimbursement
subject to supplying the requisite documentation.
viii. This program is not available to those attorneys that have
paid off their law school student loans or to those attorneys
that have not incurred student loans.
ix. Maximum loan reimbursement for eligible employees shall
be for a period not to exceed three years.
x. The law school loan reimbursement program will not exceed
$9000 for any one person.
SECTION 28 – LAW SCHOOL STUDENT LOAN
REIMBURSEMENT PROGRAM
Deputy District Attorneys’ Assn 34 2011-2013 MOU
xi. The above payments are subject to applicable state and
federal withholding, if any.
xii. The terms and conditions are subject to language approved
by the County’s Auditor’s Office.
SECTION 29 – SERVICE AWARDS
35 Deputy District Attorneys’ Assn 2011-2013 MOU
SECTION 29 – SERVICE AWARDS
A. 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 procedure shall apply with respect to service awards:
1. Presentation Before the Board of Supervisors
An employee with 20 or more years of service may go before the
Board of Supervisors to receive his/her service award.
When requested by the 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.
2. Service Award Day Off
Employees with 15 or more years of service are entitled to take a
day off with pay at each five (5) year anniversary.
SECTION 30 – LOSS OR DAMAGE TO PERSONAL PROPERTY
The loss or damage to personal property of employees is subject to
reimbursement. 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 that the
original cost. Reimbursement for loss or damage of personal property shall be in
accordance with Administrative Bulletin 518.2 (May 23, 1989).
SECTION 31 – ADOPTION
The provisions of this MOU shall be made applicable on the dates indicated and
upon approval by the Board of Supervisors. Resolutions and Ordinances, where
necessary, shall be prepared and adopted in order to implement these
provisions.
It is understood that where it is determined that an Ordinance is required to
implement any of the foregoing provisions, said provisions shall become effective
upon the first day of the month following thirty (30) days after such Ordinance is
adopted.
SECTION 32 - SCOPE OF AGREEMENT AND SEVERABILITY OF
PROVISIONS
Deputy District Attorneys’ Assn 36 2011-2013 MOU
SECTION 32 - SCOPE OF AGREEMENT AND SEVERABILITY OF
PROVISIONS
32.1 Scope of Agreement. Except as otherwise specifically provided herein,
this MOU fully and completely incorporates the understanding of the parties
hereto and constitutes the sole and entire agreement between the parties in any
and all matters subject to meet and confer. Neither party shall, during the term of
this MOU demand any change herein, provided that nothing herein shall prohibit
the parties from changing the terms of this MOU by mutual agreement.
The Association understands and agrees that the County is not obligated to meet
and confer regarding wages, hours or conditions of employment during the term
of this extended agreement, except as otherwise required by law.
32.2 Severability of Provisions. Should any section, clause or provision of
this MOU be declared illegal, unlawful or unenforceable, by final judgment of a
court of competent jurisdiction, such invalidation of such section, clause or
provision shall not invalidate the remaining portions hereof, and such remaining
portions shall remain in full force and effect for the duration of this MOU.
32.3 Personnel Management Regulations. The Personnel Management
Regulations formerly governed the District Attorneys as non-represented
management. The Deputy District Attorney Association was formally recognized
as the bargaining agent of Contra Costa District Attorneys on March 17, 2007.
This MOU now governs the employment of the District Attorneys subject to
matters that are accepted subjects of bargaining. 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.
SECTION 32 - SCOPE OF AGREEMENT AND SEVERABILITY OF
PROVISIONS
37 Deputy District Attorneys’ Assn 2011-2013 MOU
32.4 Duration of Agreement. This Agreement will continue in full force and
effect from July 1, 2011 to and including June 30, 2013. Said Agreement shall
automatically renew from year to year thereafter unless the Association or the
County gives written notice to the other prior to sixty (60) days from the aforesaid
termination date of its intention to amend, modify or terminate the Agreement.
Date:
Contra Costa County: DDAA:
(Signature / Printed Name) (Signature / Printed Name)
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