HomeMy WebLinkAboutMINUTES - 04172012 - D.1RECOMMENDATION(S):
ADOPT Resolution No. 2012/141 approving the Memorandum of Understanding (MOU)
between Contra Costa County and the District Attorney Investigators' Association (DAIA)
implementing negotiated wage agreements and other economic terms and conditions of
employment, for the period of July 1, 2008 through June 30, 2013.
FISCAL IMPACT:
The terms and conditions set forth in this action are estimated to achieve a net structural
savings of $74,600 in FY 2012-13. Of the $74,600, $62,200 is the savings associated with
the 2.81% reduction in salary and $58,500 in savings from the elimination of the Employer
subvention of Employee pension costs. The total wage reduction for FY 2012-13 is 3.90%
as it includes an additional reduction of 0.56% to make-up for the wage reduction not
beginning on January 1, 2012 and a reduction of 0.53% to make-up for the delay in the
subvention change. These changes are net of the July 1, 2012, reduction in subvention of
the County's pension cost from 9% to 3%. Savings in the current fiscal year are anticipated
to net $36,200. Additional savings will be achieved in FY 2012/13 when the new pension
tier is in place and medical premium sharing is further reduced. The
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 04/17/2012 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
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, Assistant County
Administrator/Human Resources Director
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 17, 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 17, 2012
Contra
Costa
County
Subject:Memorandum of Understanding between Contra Costa County and the District Attorney Investigators'
Association
FISCAL IMPACT: (CONT'D)
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.
BACKGROUND:
The District Attorney Investigators' Association (DAIA) has been bargaining with Contra
Costa County for some time. Tentative Agreements (TA) were reached between the
County and the DAIA and ratified on March 28, 2012. The resulting Memorandum of
Understanding (MOU), which is attached, includes modifications to wages, retirement,
and other benefit changes. The MOU does not include the negotiated changes to health
care benefits. Government Code section 7507 requires that such changes be publicly
reported to the Board at least two weeks before the Board acts to adopt such changes.
Adopting the MOU, apart from the agreed health care benefit changes, will allow the
Board of Supervisors to adopt changes to wages and subvention in time to implement
those changes on April 1, 2012. Health care benefit modifications tentatively agreed to
and ratified by the Association will be presented to the Board on May 8, 2012, for
approval in a replacement MOU.
In summary, changes to the MOU include the following:
Term - Section 42.4
The term of the agreement is from July 1, 2008 through June 30, 2013.
General Wages – Section 5.1
Effective on April 1, 2012, the base rate of pay for all classifications
represented by the DAIA will be reduced by three and nine tenths percent
(3.9%).
Effective June 30, 2013, the wage reduction of 3.90%, which included make-up
for delay in implementation will roll-back to a wage reduction of 2.81%.
Effective April 1, 2012 permanent, full time employees who have completed
twenty (20) years of Contra Costa County service are eligible to receive a two
percent (2%) longevity differential.
On-Call/Call Back - Section 9
Updated to reflect the current weekly rate of on-call pay of $272.50.
Health, Life & Dental Care – Section 16
Changes to Health, Life & Dental Care will be presented to the Board of
Supervisors on May 8, after all Government Code Section 7507 reporting
requirements have been met. The changes will include the elimination of dual
coverage and changes to premium cost sharing.
Retirement/Payment of Employee Contributions - Section 23.1
Effective April 1, 2012, employees are responsible for one hundred percent
(100%) of the employees’ basic retirement benefit contribution as determined
annually by the Board of Retirement of the Contra Costa County Employees’
Retirement Association.
Retirement/Payment of Employer Contribution - Section 23.2
Effective July 1, 2012, each employee will pay three percent (3%) of his/her
retirement base to pay part of the employer’s contribution for the cost of the
retirement benefit for Safety Tier A.
Retirement/Tier D – Section 23.4
For employees hired after December 31, 2012, the new retirement formula will
be three percent at fifty-five (3% at 55) years of age. 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.
CONSEQUENCE OF NEGATIVE ACTION:
The County will not realize the savings associated with this action.
CHILDREN'S IMPACT STATEMENT:
None.
ATTACHMENTS
Resolution No. 2012/141
DAIA MOU 2008-2013
MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND
DISTRICT ATTORNEY
INVESTIGATORS’ ASSOCIATION
This Memorandum of Understanding (MOU) is entered into
pursuant to the authority contained in 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, Section 34-8.012.
The parties have met and conferred in good faith regarding
wages, hours and other terms and conditions of employment
for the employees in units in which the Association is the
recognized representative, have freely exchanged
information, opinions and proposals and have endeavored to
reach agreement on all matters relating to the employment
conditions and employer-employee relations covering such
employees.
This MOU shall be presented to the Contra Costa County
Board of Supervisors, as the governing board of the County
and appropriate fire districts, as the joint recommendations
of the undersigned for salary and employee benefit
adjustments for the period set forth herein.
Special provisions and restrictions pertaining to Project
employees covered by this MOU are contained in
Attachment A which is attached hereto and made a p art
hereof.
DEFINITIONS
DAIA - 2 - 2008-2013 MOU
DEFINITIONS
Appointing Authority: Department Head unless otherwise
provided by statute or ordinance.
Association: District Attorney Investigators' Association.
Class: A group of positions sufficiently similar with respect to
the duties and responsibilities that similar selection
procedures and qualifications may apply and that the same
descriptive title may be used to designate each position
allocated to the group.
Class Title: The designation given to a class, to each
position allocated to the class, and to the employees
allocated to the class.
County: Contra Costa County.
Demotion: The change of a permanent employee to another
position in a class allocated to a salary range for which the
top step is lower than the top step of the class which the
employee formerly occupied except as provided for under
"Transfer" or as otherwise provided for in this MOU, in the
Personnel Management Regulations, or in specific
resolutions governing deep classifications.
Director of Human Resources: The person designated by
the County Administrator to serve as the Assistant County
Administrator-Director of Human Resources.
Eligible: Any person whose name is on an employment or
reemployment or layoff list for a given classification.
DEFINITIONS
DAIA - 3 - 2008-2013 MOU
Employee: A person who is an incumbent of a position or
who is on leave of absence in accordance with provisions of
this MOU and whose position is held pending his/her return.
Employment List: A list of persons who have been found
qualified for employment in a specific class.
Layoff List: A list of persons who have occupied positions
allocated to a class in the Merit System and who have been
involuntarily separated by layoff, displacement, or demoted
by displacement, or have voluntarily demoted in lieu of layoff
or displacement, or have transferred in lieu of layoff or
displacement.
Permanent-Intermittent Position: Any position which
requires the services of an incumbent for an indefinite period
but on an intermittent basis, as needed, paid on an hourly
basis.
Permanent Part-Time Position: Any position which will
require the services of an incumbent for an indefinite period
but on a regularly scheduled less than full time basis.
Permanent Position: Any position which has required, or
which will require the services of an incumbent without
interruption, for an indefinite period.
Project Employee: An employee who is engaged in a time
limited program or service by reason of limited or restricted
funding. Such positions are typically funded from outside
sources but may be funded from County revenues.
Promotion: The change of a permanent employee to
another position in a class allocated to a salary range for
which the top step is higher than the top step of the class
which the employee formerly occupied, except as provided
DEFINITIONS
DAIA - 4 - 2008-2013 MOU
for under "Transfer" or as otherwise provided for in this
MOU, in the Personnel Management Regulations, or in
specific resolutions governing deep classes.
Position: The assigned duties and responsibilities calling for
the regular full time, part-time or intermittent employment of
a person.
Reallocation: The act of reassigning an individual position
from one class to another class at the same range of the
salary schedule or to a class which is allocated to another
range that is within five (5%) percent of the top step, except
as otherwise provided for in the Personnel Management
Regulations, deep class resolutions or other ordinances.
Reclassification: The act of changing the allocation of a
position by raising it to a higher class or reducing it to a
lower class on the basis of significant changes in the kind,
difficulty or responsibility of duties performed in such
position.
Reemployment List: A list of persons, who have occupied
positions allocated to any class in the merit system and, who
have voluntarily separated and are qualified for
consideration for reappointment under the Personnel
Management Regulations governing reemployment.
Resignation: The voluntary termination of permanent
service with the County from a position in the merit system.
Temporary Employment: Any employment in the merit
system which will require the services of an incumbent for a
limited period of time, paid on an hourly basis, not in an
allocated position or in permanent status.
SECTION 1 - ASSOCIATION RECOGNITION
DAIA - 5 - 2008-2013 MOU
Transfer: The change of an employee who has permanent
status in a position to another position in the same class in a
different department, or to another position in a class which
is allocated to a range on the salary plan that is within five
percent (5%) at top step as the class previously occupied by
the employee.
SECTION 1 - ASSOCIATION RECOGNITION
The Association is the formally recognized employee
organization for the District Attorney Investigators' Unit, and
such organization has been certified as such pursuant to
Chapter 34-12 of Board Resolution 81/1165.
SECTION 2 - ASSOCIATION SECURITY
2.1 Dues Deduction. Pursuant to Chapter 34-26
of Resolution 81/1165 only a majority representative may
have dues deduction and as such the Association has the
exclusive privilege of dues deduction for all members in its
unit.
Dues deduction shall be based on the voluntary written
authorization of the employee which shall remain in effect so
long as the employee remains in a unit represented by the
Association unless such authorization is canceled in writing
by the employee in accordance with the provisions set forth
in Section 2.4. The dues deduction shall be for a specified
amount and uniform between members of the Association.
The Association shall indemnify, defend, and hold the
County harmless against any claims made and against any
suit instituted against the County on account of dues
deduction. The Association shall refund to the County any
amounts paid to it in error upon presentation of supporting
evidence.
SECTION 2 - ASSOCIATION SECURITY
DAIA - 6 - 2008-2013 MOU
2.2 Dues Authorization Form. Employees hired
in classifications assigned to units represented by the
Association shall as a condition of employment at the time of
employment complete an Association dues authorization
form provided by the Association and shall have deducted
from their paychecks the membership dues of the
Association. Said employees shall have thirty (30) days from
the date of hire to decide if he/she does not want to become
a member of the Association. Such decision not to become a
member of the Association must be made in writing to the
Auditor-Controller with a copy to the Employee Relations
Division within said thirty (30) day period. If the employee
decides not to become a member of the Association any
Association dues previously deducted f rom the employee's
paycheck shall be returned to the employee and said
amount shall be deducted from the next dues deduction
check sent to the Association. If the employee does not
notify the County in writing of the decision not to become a
member within the thirty (30) day period, he/she shall be
deemed to have voluntarily agreed to pay the dues of the
Association.
The dues authorization form referenced above shall include
a statement that the Association and the County have
entered into a MOU, that the employee is required to
authorize payroll deductions of Association dues as a
condition of employment, and that such authorization may be
revoked within the first thirty (30) days of employment upon
proper written notice by the employee within said thirty (30)
day period as set forth above. Each such employee shall,
upon written 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.
2.3 Maintenance of Membership. All employees
in the unit represented by the Association who are currently
SECTION 2 - ASSOCIATION SECURITY
DAIA - 7 - 2008-2013 MOU
paying dues to the Association and all employees in such
unit 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 classification to which the employee is assigned, unless
the employee has exercised the option to cease paying dues
in accordance with Section 2.4.
2.4 Withdrawal of Membership. By notifying the
Auditor-Controller's Department in writing, between May 1,
and May 31, any employee may withdraw from Association
membership and discontinue paying dues as of the payroll
period commencing July 1, discontinuance of dues
payments to then be reflected in the August 10, paycheck.
The above withdrawal of membership can only occur in the
last year of any given MOU. Immediately upon the close of
the above mentioned thirty (30) day period the Auditor-
Controller shall submit to the Association a list of the
employees who have rescinded their authorization for dues
deduction.
2.5 Communicating With Employees. The
Association shall be allowed to use designated portions of
bulletin boards or display areas in public portions of County
buildings or in public portions of offices in which there are
employees represented by the Association, provided the
communications displayed have to do with official
organization business such as times and places of meetin gs
and further provided that the Association appropriately posts
and removes the information. The Department Head
reserves the right to remove objectionable materials after
notification to and discussion with the Association.
Representatives of the Association, not on County time, shall
be permitted to place a supply of employee literature at
SECTION 2 - ASSOCIATION SECURITY
DAIA - 8 - 2008-2013 MOU
specific locations in County buildings if arranged through the
Employee Relations Officer; said representatives may
distribute employee organization literature in work areas
(except work areas not open to the public) if the nature of the
literature and the proposed method of distribution are
compatible with the work environment and work in progress.
Such placement and/or distribution shall not be performed by
on duty employees.
The Association shall be allowed access to work locations in
which it represents employees for the following purposes:
a. to post literature on bulletin boards;
b. to arrange for use of a meeting room;
c. to leave and/or distribute a supply of literature
as indicated above;
d. to represent an employee on a grievance,
and/or to contact an Association officer on a
matter within the scope of representation.
In the application of this provision, it is agreed and
understood that in each such instance advance
arrangements including disclosure of which of the above
purposes is the reason for the visit, will be made with the
departmental representative in charge of the work area, and
the visit will not interfere with County services.
2.6 Use of County Buildings. The Association
shall be allowed the use of areas normally used for meeting
purposes for meetings of County employees during non -
work hours when:
SECTION 2 - ASSOCIATION SECURITY
DAIA - 9 - 2008-2013 MOU
a. Such space is available and its use by the
Association is scheduled twenty-four (24)
hours in advance;
b. There is no additional cost to the County;
c. It does not interfere with normal County
operations;
d. Employees in attendance are not on duty and
are not scheduled for duty;
e. The meetings are on matters within the scope
of representation.
The administrative official responsible for the space shall
establish and maintain scheduling of such uses. The
Association shall maintain proper order at the meeting, and
see that the space is left in a clean and orderly condition.
The use of County equipment (other than items normally
used in the conduct of business meetings, such as desks,
chairs, ashtrays, and blackboards) is prohibited, even though
it may be present in the meeting area.
2.7 Advance Notice. The Association shall,
except in cases of emergency, have the right to reasonable
notice of any ordinance, rule, resolution or regulation directly
relating to matters within the scope of representation
proposed to be adopted by the Board, or boards and
commissions designated by the Board, and to meet with the
body considering the matter.
The listing of an item on a public agenda, or the mailing of a
copy of a proposal at least seventy-two (72) hours before the
item will be heard, or the delivery of a copy of the proposal at
SECTION 2 - ASSOCIATION SECURITY
DAIA - 10 - 2008-2013 MOU
least twenty-four (24) hours before the item will be heard,
shall constitute notice.
In cases of emergency when the Board, or boards and
commissions designated by the Board, determines it must
act immediately without such notice or meeting, it shall give
notice and opportunity to meet as soon as practical after its
action.
2.8 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 Employee Relations Officer or
his/her designee shall review the composition
of existing representation units to determine
the appropriateness of including some or all of
the employees in the new class in one or more
existing representation units, and within a
reasonable period of time shall notify all
recognized employee organizations of his/her
determination.
b. Final Determination. The Employee Relations
Officer or his/her designee’s determination is
final unless within ten (10) days after
notification a recognized employee
organization requests in writing to meet and
confer thereon.
c. Meet and Confer and Other Steps. The
Employee Relations Officer or his/her designee
shall meet and confer with such requesting
organizations (and with other recognized
employee organizations where appropriate) to
SECTION 3 - NO DISCRIMINATION
DAIA - 11 - 2008-2013 MOU
seek agreement on this matter within sixty (60)
days after the ten (10) day period in
Subsection B, unless otherwise mutually
agreed. Thereafter, the procedures in cases of
agreement and disagreement, arbitration
referral and expenses, and criteria for
determination shall conform to those in
Subsections (d) through (I) of Section 34-
12.008 of Board of Supervisors' Resolution
81/1165.
SECTION 3 - NO DISCRIMINATION
There shall be no discrimination because of race, creed,
color, national origin, sex, sexual orientation or Association
activities against any employee or applicant for employment
by the County or by anyone employed by the County; and to
the extent prohibited by applicable State and Federal law
there shall be no discrimination because of age. There shall
be no discrimination against any disabled person solely
because of such disability unless that disability prevents the
person from meeting the minimum standards established for
a position or from carrying out the duties of the position
safely.
SECTION 4 – OFFICIAL REPRESENTATIVES
4.1 Attendance at Meetings. Employees
designated as 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;
SECTION 4 – OFFICIAL REPRESENTATIVES
DAIA - 12 - 2008-2013 MOU
b. if their attendance is sought by a hearing body
or presentation of testimony or other reasons;
c. if their attendance is required for meeting(s)
scheduled at reasonable times agreeable to all
parties required for settlement of grievances
filed pursuant to Section 22 - Grievance
Procedure of this MOU;
d. if they are designated as a grievance
representative in which case they may utilize a
reasonable time at each level of the
proceedings to assist an employee to present a
grievance, provided the meetings are
scheduled at reasonable times agreeable to all
parties;
e. if they are designated as spokesperson or
representative of the Association and as such
make representations or presentations at
meetings or hearings on wages, salaries and
working conditions;
f. in each case advance arrangements for time
away from the employee's work station or
assignment are made with the appropriate
Department Head or his/her designee, and the
County agency calling the meeting is
responsible for determining that the attendance
of the particular employee(s) is required.
The number of such representatives shall not exceed two (2)
without prior approval of the department and t he Employee
Relations Manager.
SECTION 5 - SALARIES
DAIA - 13 - 2008-2013 MOU
4.2 Association Representatives. Official
representatives of the District Attorney Investigators'
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
Employee Relations Officer or other management
representatives on matters within the scope of
representation, provided that the number of such
representatives shall not exceed two (2) without prior
approval of the department and the Employee Relations
Manager, and that advance arrangements for the time away
from the work station or assignment are made with the
appropriate Department Head or his/her designee.
4.3 Release Time for Training. The County shall
provide the Association a maximum of eight (8) total hours
per year of release time for Association designated officers
to attend Association sponsored training programs.
Requests for release time shall be provided in writing to the
Department and County Human Resources Department at
least fifteen (15) days in advance of the time requested. The
Department Head will reasonably consider each request and
notify the affected employee whether such request is
approved, within one (1) week of receipt.
SECTION 5 - SALARIES
5.1 General Wages.
A. Wages. The base rate of pay for all classifications
represented by the District Attorney Investigators’
Association will be modified as follows:
April 1, 2012 3.9% reduction in base pay
June 30, 2013(at 11:59 pm) 1.13% increase in base pay
SECTION 5 - SALARIES
DAIA - 14 - 2008-2013 MOU
B. Sixth Salary Step: Effective January 1, 2008, the
County shall add a sixth step of 2.5% in base salary
to the salary range for all safety classifications. The
time between steps shall be as follows:
6 months between Step 1 and Step 2
12 months between Step 2 and Step 3
12 months between Step 3 and Step 4
12 months between Step 4 and Step 5
18 months between Step 5 and Step 6
C. Longevity Differential. Permanent, full-time
employees who have completed twenty (20) years of
Contra Costa County service are eligible to 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.
5.2 Entrance Salary. New employees shall
generally be appointed at the minimum step of the salary
range established for the particular class of position to which
the appointment is made. However, the appointing authority
may fill a particular position at a step above the minimum of
the range.
5.3 Anniversary Dates. Except as may otherwise
be provided for in deep class resolutions, anniversary dates
will be set as follows:
SECTION 5 - SALARIES
DAIA - 15 - 2008-2013 MOU
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 date of a demoted
employee is the first day of the calendar month
after the calendar month when the demotion
was effective.
d. Transfers, Reallocations and Reclassifications.
The anniversary date of an employee who is
transferred to another position or one whose
position has been reallocated or reclassified to
a class allocated to the same salary range or to
a salary range which is within five percent (5%)
of the top step of the previous classification,
remains unchanged.
e. Reemployments. The anniversary of an
employee appointed from a reemployment list
to the first step of the applicable salary range
and not required to serve a probation period is
determined in the same way as the anniversary
date is determined for a new employee who is
appointed the same date, classification and
SECTION 5 - SALARIES
DAIA - 16 - 2008-2013 MOU
step and who then successfully completes the
required probationary period.
f. Notwithstanding other provisions of this
Section 5, the anniversary of an employee who
is appointed to a classified position from
outside the County's merit system at a rate
above the minimum salary for the employee's
new class, or who is transferred from another
governmental entity to this County's merit
system, is one (1) year from the first day of the
calendar month after the calendar month when
the employee was appointed or transferred;
provided however, when the appointment or
transfer is effective on the employee's first
regularly scheduled work day of that month,
his/her anniversary is one (1) year after the first
calendar day of that month.
g. The anniversary date of employees on leave
from their County position with or without pay,
for more than three (3) months shall be
extended by the appointing authority for a
period of time equal to the length of time on
leave. This new date shall become the
employee's new anniversary date for purposes
of future salary reviews.
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 – Anniversary Dates to determine whether the salary of
the employee shall be advanced to the next higher step in
the salary range. Advancement shall be granted on the
affirmative recommendation of the appointing authority,
SECTION 5 - SALARIES
DAIA - 17 - 2008-2013 MOU
based on satisfactory performance by the employee. The
appointing authority may recommend unconditional 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 t he granting of
increments mandatory on the County. If the 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.
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
SECTION 5 - SALARIES
DAIA - 18 - 2008-2013 MOU
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 t he
maximum of the range of the class to which the position has
been reclassified, the salary of the incumbent shall be
reduced to the maximum salary for the new classification.
The salary of an incumbent of a position which is reclassified
to a class which is allocated to a range of the basic salary
schedule greater than the range of the class of the position
before it was reclassified shall be governed by the provisions
of Section 5.9 - 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 allocated to a
salary range above or below that to which it
was previously allocated, when the number of
steps remain the same, shall be compensated
at the same step in the new salary range the
employee was receiving in the range to which
the class was previously allocated. If the
reallocation is from one salary range with more
SECTION 5 - SALARIES
DAIA - 19 - 2008-2013 MOU
steps to a range with fewer steps or vice versa,
the employee shall be compensated at the step
on the new range which is in the same
percentage ratio to the top step of the new
range as was the salary received before
reallocation to the top step of the old range, but
in no case shall any employee be
compensated at less than the first step of the
range to which the class is allocated.
b. In the event that a classification is reallocated
from a salary range with more steps to a salary
range with fewer steps on the salary schedule,
apart from the general salary increase or
decrease described in 5.8.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
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
SECTION 5 - SALARIES
DAIA - 20 - 2008-2013 MOU
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 this Section 5.8.
5.9 Salary on Promotion. Any employee who is
appointed to a position of a class allocated to a higher salary
range than the class previously occupied, except as
provided under Section 5.12 – Transfer 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.
In the event of the appointment of a lai d 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 promoted into a class allocated to a
higher salary range than the class from which the employee
was laid off, the salary on promotion will be calculated from
the highest step the employee achieved prior to layoff.
SECTION 5 - SALARIES
DAIA - 21 - 2008-2013 MOU
5.10 Salary on Involuntary Demotion. Any
employee who is demoted, except as provided under
Section 5.12 - Transfer, shall have his/her salary reduced to
the monthly salary step in the range for the class of position
to which he 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/she demotes, his/her salary shall remain the same
if the steps in his/her new (demoted) salary range permit,
and if not, the new salary shall be set at the step next below
former salary.
5.12 Transfer. An employee who is transferred from
one position to another as described under "Transfer" shall
be placed at the step in the salary range of the new class
which equals the rate of pay received before the transfer. In
the event that the steps in the range for the new class do not
contain the same rates as the range for the old class, the
employee shall be placed at the step of the new range which
is next above the salary rate received in the old range; or if
SECTION 5 - SALARIES
DAIA - 22 - 2008-2013 MOU
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. If the transfer is to a deep
class, the provisions of the deep class resolution on salary of
transfers, if any, shall apply in lieu of the above provisions.
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 Section 5.9 - Salary
on Promotion of this MOU, commencing on the thirty-first
(31st) work day of the assignment, under the following
conditions:
1. The employee is assigned to a program,
service, or activity established by the Board of
Supervisors which is reflected in an authorized
position which has been classified and
assigned to the Salary Schedule.
2. The nature of the departmental assignment is
such that the employee in the lower
classification becomes fully responsible for the
duties of the position of the higher
classification.
3. Employee selected for the assignment will
normally be expected to meet the minimum
qualifications for the higher classification.
4. Pay for work in a higher classification shall not
be utilized as a substitute for regular
SECTION 5 - SALARIES
DAIA - 23 - 2008-2013 MOU
promotional procedures provided in this
Memorandum.
5. The appropriate authorization form has been
submitted by the Department Head and
approved by the County Administrator.
6. Higher pay assignments shall not exceed six
(6) months except through reauthorization.
7. If approval is granted for pay for work in a
higher classification and the assignment is
terminated and later reapproved for the same
employee within thirty (30) days no additional
waiting period will be required.
8. Any incentives (e.g., the education incentive)
and special differentials (e.g., bilingual
differential) accruing to the employee in his/her
permanent position shall continue, unless the
employee is no longer performing the duties
which warrant the differentials.
9. 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.
10. 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
SECTION 6 - DAYS AND HOURS OF WORK
DAIA - 24 - 2008-2013 MOU
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 an 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.
Each election shall become effective on the first day of the
month following the deadline for filing the notice and shall
remain effective until revoked.
In the case of an election made pursuant to this Section 5.14
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
6.1 Definitions
A. Regular Work Schedule: A regular work schedule is
eight (8) hours per day, Monday through Friday, inclusive,
for a total of forty (40) hours per week.
DAIA - 25 - 2008-2013 MOU
B. Workweek for Employees on Regular Work Schedule:
For employees on a regular work schedule, the workweek
begins at 12:01 a.m. on Monday and ends at 12 midnight on
Sunday.
6.2 Flexible Work Schedule Policy. The parties agree to
reopen the work schedule provisions of the Memorandum of
Understanding for the purpose of ensuring consistent
practices among the departments, and compliance with
appropriate regulatory requirements. It is not the intent of the
parties that such negotiations take away from or add to the
current work schedules provisions, except to ensure that
such provisions are consistently applied to the Memoranda
of Understanding. Any changes, except those necessitated
by legal requirements, shall be subject to agreement by both
parties.
SECTION 7 - OVERTIME AND COMPENSATORY TIME
7.1 Overtime. Overtime is any authorized work
performed in excess of forty (40) hours per week or eight (8)
hours per day. All overtime shall be compensated for at the
rate of one and one-half (1-1/2) times the employee's base
rate of pay (not including shift and other special differentials).
Overtime for permanent employees is earned and credited
by the actual authorized overtime worked.
7.2 Compensatory Time. The following provisions shall
apply:
a. Employees may elect to accrue compensatory time
off in lieu of overtime pay. Eligible employees must
notify the Department Head or his/her designee of
their intention to accrue compensatory time off or to
receive overtime pay.
SECTION 7 - OVERTIME AND COMPENSATORY
TIME
DAIA - 26 - 2008-2013 MOU
b. Employees who become eligible for
compensatory time off in accordance with
these guidelines must elect to accrue
compensatory time or they will be paid for
authorized overtime hours worked.
c. Compensatory time off shall be accrued at the
rate of one and one-half (1-1/2) times the
actual authorized overtime hours worked by
the employee.
d. Employees may not accrue a compensatory
time off balance that exceeds one hundred
twenty (120) hours. Once the maximum
balance has been attained, authorized
overtime hours will be paid at the overtime
rate. If the employee's balance falls below one
hundred twenty (120) hours, the employee may
again accrue compensatory time off for
authorized overtime hours worked until the
employee's balance again reaches one
hundred twenty (120) hours.
e. Accrued compensatory time off shall be carried
over for use in the next fiscal year; however, as
provided in 7.2.d above, accrued
compensatory time off balances may not
exceed one hundred twenty (120) hours.
f. Employees may not use more than one
hundred twenty (120) hours of compensatory
time off in any fiscal year period (July 1 - June
30).
SECTION 7 - OVERTIME AND COMPENSATORY
TIME
DAIA - 27 - 2008-2013 MOU
g. The use of accrued compensatory time off
shall be by mutual agreement between the
Department Head or his/her designee and the
employee. Compensatory time off shall not be
taken when the employee would be replaced
by another employee who would be eligible to
receive, for time worked, either overtime
payment or compensatory time accruals as
provided for in this Section. This provision may
be waived at the discretion of the Department
Head or his/her designee.
h. When an employee promotes, demotes or
transfers from one classification eligible for
compensatory time off to another classification
eligible for compensatory time off within the
same department, the employee's accrued
compensatory time off balance will be carried
forward with the employee.
i. Compensatory time accrual balances will be
paid off when an employee moves from one
department to another through promotion,
demotion or transfer. Said payoff will be made
in accordance with the provisions and salary of
the class from which the employee is
promoting, demoting or transferring as set forth
in 7.2.j. below.
j. Since employees accrue compensatory time
off at the rate of one and one-half (l-l/2) hours
for each hour of authorized overtime worked,
accrued compensatory time balances will be
paid off at the straight time rate (two-thirds 2/3
SECTION 8 - PAGERS
DAIA - 28 - 2008-2013 MOU
the overtime rate) for the employee's current
salary whenever:
1. the employee separates from County
service;
2. the employee retires.
k. The Office of the County Auditor-Controller will
establish timekeeping procedures to administer
this Section.
7.3 Court Appearance Overtime. The County
agrees to provide a minimum of four (4) hours overtime
credit when in the line of duty employees in the classes of
District Attorney Inspector and District Attorney Senior
Inspector are required to attend a duly constituted judicial
proceeding on his/her regularly scheduled day off.
SECTION 8 - PAGERS
Inspectors and Senior Inspectors are required to retain a
County-issued cell phone in his/her immediate possession at
all times, and keep it activated while on duty or when not
available at the phone number provided to the Department
for after hours contact. Inspectors and Senior Inspectors
shall respond by telephone as soon as possible after
receiving a message.
SECTION 9 - ON-CALL/CALL BACK
The Senior Inspector will be on-call for one (1) week
intervals beginning at 0800 hours on a Wednesday and
continuing until 0800 hours the following Wednesday. During
the on-call interval, the employee must be ready to
immediately report for duty and must arrange so that a
SECTION 10 - SENIORITY, WORKFORCE
REDUCTION, LAYOFF & REASSIGNMENT
DAIA - 29 - 2008-2013 MOU
supervisor can reach the employee within ten (10) minutes
or less.
A County vehicle may be used and driven home during the
on-call interval, and must be used in compliance with the
County Vehicle Use Policy.
Inspectors of all classes, whether or not on-call, may be
called out to an incident after normal working hours, and
may be required to respond in their personal vehicle. If an
employee uses their personal vehicle they shall be
reimbursed per Section 31 – Mileage, of this MOU.
Any employee called out to an incident after normal work
hours shall receive overtime or compensatory time at the
appropriate rate for actual hours worked plus one (1) hour.
An employee who is called back after normal working hours
shall be paid a minimum of two (2) hours at the appropriate
rate for each call back.
Employees who are assigned in writing to on-call status will
be compensated at the rate of two hundred seventy-two
dollars and fifty cents ($272.50) per week.
SECTION 10 - SENIORITY, WORKFORCE REDUCTION,
LAYOFF & REASSIGNMENT
10.1 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 Association and take the following
actions:
SECTION 10 - SENIORITY, WORKFORCE
REDUCTION, LAYOFF & REASSIGNMENT
DAIA - 30 - 2008-2013 MOU
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. 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).
e. Review various alternatives which will help
mitigate the impact of the layoff by working
through the Tactical Employment Team
program (TET) to:
1. Maintain an employee skills inventory
bank to be used as a basis for referrals
to other employment opportunities.
2. Determine if there are other positions to
which employees may be transferred.
SECTION 10 - SENIORITY, WORKFORCE
REDUCTION, LAYOFF & REASSIGNMENT
DAIA - 31 - 2008-2013 MOU
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 Association of the possibility of such layoffs
and shall meet and confer with the Association
regarding the implementation of the action.
10.2 Separation Through Layoff
a. Grounds for Layoff. Any employee(s) having
permanent status in position(s) in the merit
service may be laid off when the position is no
longer necessary, or for reasons of economy,
lack of work, lack of funds or for such other
reason(s) as the Board of Supervisors deems
sufficient for abolishing the position(s).
b. Order of Layoff. The order of layoff in a
department shall be based on inverse seniority
in the class of positions, the employee in that
department with least seniority being laid off
first and so on.
SECTION 10 - SENIORITY, WORKFORCE
REDUCTION, LAYOFF & REASSIGNMENT
DAIA - 32 - 2008-2013 MOU
c. Layoff By Displacement.
1. In the Same Class. A laid off permanent
full time employee may displace an
employee in the department having less
seniority in the same class who
occupies a permanent-intermittent or
permanent part-time position, the least
senior employee being displaced first.
2. In the Same Level or Lower Class. A
laid off or displaced employee who had
achieved permanent status in a class at
the same or lower salary level as
determined by the salary schedule in
effect at the time of layoff may displace
within the department and in the class of
an employee having less seniority; the
least senior employee being displaced
first, and so on with senior displaced
employees displacing junior employees.
d. Particular Rules on Displacing.
1. Permanent-intermittent and permanent
part-time employees may displace only
employees holding permanent positions
of the same type respectively.
2. A permanent full time employee may
displace any intermittent or part-time
employee with less seniority 1) in the
same class or, 2) in a class of the same
or lower salary level if no full time
SECTION 10 - SENIORITY, WORKFORCE
REDUCTION, LAYOFF & REASSIGNMENT
DAIA - 33 - 2008-2013 MOU
employee in a class at the same or
lower salary level has less seniority than
the displacing employees.
3. Former permanent full time employees
who have voluntarily become permanent
part-time employees for the purpose of
reducing the impact of a proposed layoff
with the written approval of the Director
of Human Resources or designee retain
their permanent full time employee
seniority rights for layoff purposes only
and may in a later layoff displace a full
time employee with less seniority as
provided in these rules.
e. Seniority. An employee's seniority within a
class for layoff and displacement purposes
shall be determined by adding the emplo yee's
length of service in the particular class in
question to the employee's length of service in
other classes at the same or higher salary
levels as determined by the salary schedule in
effect at the time of layoff. Employees
reallocated or transferred without examination
from one class to another class having a salary
within five percent (5%) of the former class
shall carry the seniority accrued in the former
class into the new class. Employees
reallocated to a new deep class upon its
initiation or otherwise reallocated to a deep
class because the duties of the position
occupied are appropriately described in the
deep class shall carry into the deep class the
seniority accrued or carried forward in the
SECTION 10 - SENIORITY, WORKFORCE
REDUCTION, LAYOFF & REASSIGNMENT
DAIA - 34 - 2008-2013 MOU
former class and seniority accrued in other
classes which have been included in the deep
class. Service for layoff and displacement
purposes includes only the employee's last
continuous permanent County employment.
Periods of separation may not be bridged to
extend such service unless the separation is a
result of layoff in which case bridging will be
authorized if the employee is reemployed in a
permanent position within the period of layoff
eligibility.
Approved leaves of absence as provided for in
these rules and regulations shall not constitute
a period of separation. In the event of ties in
seniority rights in the particular class in
question, such ties shall be broken by length of
last continuous permanent County
employment. If there remain ties 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.
SECTION 10 - SENIORITY, WORKFORCE
REDUCTION, LAYOFF & REASSIGNMENT
DAIA - 35 - 2008-2013 MOU
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
in lieu of layoff or displacement or who have
transferred in lieu of layoff or displacement.
Names shall be listed in order of layoff seniority
in the class from which laid off, displaced,
demoted or transferred on the date of layoff,
the most senior person listed first. In case of
ties in seniority, the seniority rules shall apply
except that where there is a class seniority tie
between persons laid off from different
departments, the tie(s) shall be broken by
length of last continuous permanent County
employment with remaining ties broken by
random selection among the employees
involved.
h. Duration of Layoff and Reemployment Rights.
The name of any person granted
reemployment privileges shall continue on the
appropriate list for a period of two (2) years.
Persons placed on layoff lists shall continue on
the appropriate list for a period of four (4)
years.
i. Certification of Persons From Layoff Lists.
Layoff lists contain the name(s) of person(s)
laid off, displaced or demoted by displacement
or voluntarily demoted in lieu of layoff or who
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
SECTION 10 - SENIORITY, WORKFORCE
REDUCTION, LAYOFF & REASSIGNMENT
DAIA - 36 - 2008-2013 MOU
authority shall receive and appoint the eligible
highest on the layoff list from the department.
When a request for personnel is received from
a department from which an eligible(s) was not
laid off, the appointing authority shall receive
and appoint the eligible highest on the layoff
list who shall be subject to a probationary
period. A person employed from a layoff list
shall be appointed at the same step of the
salary range the employee held on the day of
layoff.
j. Removal of Names from Reemployment &
Layoff Lists. The Director of Human Resources
may remove the name of any eligible from a
reemployment or layoff list for any reason listed
below:
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.
SECTION 10 - SENIORITY, WORKFORCE
REDUCTION, LAYOFF & REASSIGNMENT
DAIA - 37 - 2008-2013 MOU
5. If the eligible fails to respond to the
Director of Human Resources or the
appointing authority within ten (10) days
to written notice of certification mailed to
the person's last known address.
6. If the person on the reemployment or
layoff list is appointed to another
position in the same or lower
classification, the name of the person
shall be removed.
7. However, if the first permanent
appointment of a person on a layoff list
is to a lower class which has a top step
salary lower than the top step of the
class from which the person was laid off,
the name of the person shall not be
removed from the layoff list. Any
subsequent appointment of such person
from the layoff list shall result in removal
of that person's name.
k. Removal of Names from Reemployment and
Layoff Certifications. The Director of Human
Resources may remove the name of any
eligible from a reemployment or layoff
certification if the eligible fails to respond within
five (5) days to a written notice of certification
mailed to the person's last known address.
10.3 Notice. The County agrees to give employees
scheduled for layoff at least ten (10) work days notice prior
to their last day of employment.
SECTION - 11 HOLIDAYS
DAIA - 38 - 2008-2013 MOU
10.4 Special Employment Lists. The County will
establish a 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).
10.5 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 - 11 HOLIDAYS
11.1 Holidays Observed. The County will observe the
following holidays:
January 1st, known as New Year's Day
Third Monday in January known as
SECTION - 11 HOLIDAYS
DAIA - 39 - 2008-2013 MOU
Dr. M. L. King, Jr. Day
Third Monday in February, known as President's Day
Last Monday in May, known as Memorial Day
July 4th known as Independence Day
First Monday in September, known as Labor Day
November 11th, known as Veterans Day
Fourth Thursday in November, known as
Thanksgiving Day
Friday after Thanksgiving Day
December 25th, known as Christmas Day
Such other days as the Board of Supervisors may by
resolution designate as holidays.
Each full-time employee will accrue two (2) hours of personal
holiday credit per month. Such personal holiday time may be
taken in increments of one-tenth (1/10) of an hour, and
preference of personal holidays will be given to employees
according to their seniority in their department as reasonably
as possible.
Permanent part-time employees will receive personal holiday
credit in the same ratio to the personal holiday credit given
full-time employees as the number of hours per week in the
part-time employee's schedule bears to the number of hours
in the regular full-time schedule.
Employees shall accrue their personal holiday credit during
months they are in pay status provided however that no
employee may accrue more than forty (40) hours of personal
holiday credit. On separation from County service, an
employee shall be paid for any unused personal holiday
credits at the employee's then current pay rate.
11.2 Holidays Observed – Full-Time Employees: Full-
time employees on a regular schedule are entitled to
SECTION 12 - VACATION LEAVE
DAIA - 40 - 2008-2013 MOU
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.
11.3 Holidays Observed– Part-Time Employees:
Permanent, part-time employees are entitled to observe a
holiday (day off work) in th e same ratio as the number of
hours in the part time employee’s weekly schedule bears to
forty (40) hours.
11.4 Holiday is WORKED and Holiday Falls on Regularly
Scheduled Work Day (for employees on a Regular Work
Schedule, the holiday always falls on the employee’s
regularly scheduled work day): When a full-time
employee works on a holiday that falls on the employee’s
regularly scheduled work day, the employee is entitled to
receive his/her regular salary. The employee is also entitled
to receive holiday pay at the rate of one and one half (1.5)
times his/her base rate of pay (not including differentials) for
all hours worked, up to a maximum of eight (8) hours.
11.5 Automated Time Keeping: This agreement may be
re-opened at the request of either party for the purpose of
meeting and conferring regarding the establishment of an
automated time keeping system.
SECTION 12 - VACATION LEAVE
12.1 Vacation Allowance. Employees in
permanent positions are entitled to vacation with pay.
Accrual is based upon straight time hours of working time
per calendar month of service and begins on the date of
appointment to a permanent position. Increased accruals
begin on the first of the month following the month in which
SECTION 12 - VACATION LEAVE
DAIA - 41 - 2008-2013 MOU
the employee qualifies. Accrual for portions of a m onth 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 not be taken
during the first six (6) months of employment (not
necessarily synonymous with probationary status) except
where sick leave has been exhausted; and none shall be
allowed in excess of actual accrual at the time vacation is
taken.
12.2 Vacation Accrual Rates. All employees in the
bargaining unit are entitled to the following vac ation
accruals:
Monthly Maximum
Accrual Cumulative
Length of Service Hours Hours
Under 11 years 10 240
11 years 10-2/3 256
12 years 11-1/3 272
13 years 12 288
14 years 12-2/3 304
15 thru 19 years 13-1/3 320
20 thru 24 years 16-2/3 400
25 thru 29 years 20 480
30 years and up 23-1/3 560
Service Award Date: An employee’s Service Award Date is
used to determine when an employee begins to accrue the
next higher number of vacation hours. The Service Award
Date is the first date of a 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
temporary or provisional appointment.
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Increased Vacation Accruals Granted in Recognition of
Long Service: Each employee is eligible to begin to accrue
increased vacation hours on the first day of the month
following the employee's Service Award Date.
Example One:
1. The employee’s Service Award Date is January 1, 1988.
2. The employee reached 20 years of service on January 1,
2008.
3. February 1, 2008 is the date on which the employee is
eligible to begin accruing 16.66 hours of vacation time each
month.
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.
12.3 Accrual During Leave Without Pay. No
employee who has been granted a leave without pay or
unpaid military leave shall accrue any vacation credit dur ing
the time of such leave, nor shall an employee who is absent
without pay accrue vacation credit during the absence.
12.4 Vacation Allowance for Separated
Employees. On separation from County service, an
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employee shall be paid for any unused vacation cr edits at
the employee's then current pay rate.
12.5 Accrual on Prorated Basis. Employees in
permanent part-time and permanent-intermittent positions
shall accrue vacation benefits on a prorated basis as
provided in Resolution 81/1165, Section 32-2.006.
12.6 Vacation Leave on Reemployment from a
Layoff List. Employees with six (6) months or more service
in a permanent position prior to their layoff, who are
employed from a layoff list, shall be considered as having
completed six (6) months tenure in a permanent position for
the purpose of vacation leave. The appointing authority or
designee will advise the Auditor-Controller's Payroll Unit in
each case where such vacation is authorized so that
appropriate payroll system override actions can be taken.
SECTION 13 - SICK LEAVE
13.1 Purpose of Sick Leave. The primary purpose
of paid sick leave is to ensure employees against loss of pay
for temporary absences from work due to illness or injury. It
is a benefit extended by the County and may be used only
as authorized; it is not paid time off which employees may
use for personal activities.
13.2 Credits to and Charges Against Sick Leave.
Sick leave credits accrue at the rate of eight (8) working
hours credit for each completed month of service.
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.
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Credits to and charges against sick leave are made in
minimum amounts of one-tenth hour (6 minutes) increments.
Unused sick leave credits accumulate from year to year.
When an employee is separated other than through
retirement, accumulated sick leave credits shall be canceled,
unless the separation results from layoff, in which case the
accumulated credits shall be restored if re-employed in a
permanent position within the period of lay off eligibility.
Upon retirement, an employee's accumulated sick leave is
converted to retirement on the basis of one (1) day of
retirement service credit for each day of accumulated sick
leave credit.
13.3 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, 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.
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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 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.
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DAIA - 46 - 2008-2013 MOU
2. Satisfactory medical evidence of such
disability is received by the appointing
authority within thirty (30) days of the
start of use of sick leave for permanent
disability.
3. The appointing authority may review
medical evidence and order further
examination as deemed necessary, and
may terminate use of sick leave when
such further examination demonstrates
that the employee is not disabled, or
when the appointing authority
determines that the medical evidence
submitted by the employee is
insufficient, or where the above
conditions have not been met.
c. Communicable Disease. An employee may
use paid sick leave credits when under a
physician's order to remain secluded due to
exposure to a communicable disease.
d. Sick Leave Utilization for Pregnancy Disability.
Employees whose disability is caused or
contributed to by pregnancy, miscarriage,
abortion, childbirth, or recovery therefrom, shall
be allowed to utilize sick leave credit to the
maximum accrued by such employee during
the period of such disability under the
conditions set forth below:
1. Application for such leave must be
made by the employee to the appointing
authority accompanied by a written
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statement of disability from the
employee's attending physician. The
statement must address itself to the
employee's general physical condition
having considered the nature of the
work performed by the employee, and it
must indicate the date of the
commencement of the disability as well
as the date the physician anticipates the
disability to terminate.
2. If an employee does not apply for leave
and the appointing authority believes
that the employee is not able to properly
perform her work or that her general
health is impaired due to disability
caused or contributed to by pregnancy,
miscarriage, abortion, childbirth or
recovery therefrom the employee shall
be required to undergo a physical
examination by a physician selected by
the County. Should the medical report
so recommend, a mandatory leave shall
be imposed upon the employee for the
duration of the disability.
3. Sick leave may not be utilized after the
employee has been released from the
hospital unless the employee has
provided the County with a written
statement from her attending physician
stating that her disability continues and
the projected dates of the employee's
recovery from such disability.
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e. Medical & 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, but this shall not exceed
three (3) working days, plus up to two (2) days
of work time for necessary travel.
h. Accumulated paid sick leave credits may not
be used in the following situations:
1. Self-inflicted Injury. For time off from
work for an employee's illness or injury
caused by his/her willful misconduct.
2. 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
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DAIA - 49 - 2008-2013 MOU
circumstances exist and the appointing
authority approves.
3. Not in Pay Status. Paid sick leave
credits may not be used when the
employee would otherwise be eligible to
use paid sick leave credits but is not in
pay status.
13.4 Administration of Sick Leave. The proper
administration of sick leave is a responsibility of the
employee and the Department Head. The following
procedures apply:
a. Employees are responsible for notifying the
Investigative Unit Supervisor of an absence as
early as possible prior to the commencement
of their work shift and in accordance with
operational requirements. Notification shall
include the reason and possible duration of the
absence.
b. Employees are responsible for keeping their
department informed of their continuing
condition and probable date of return to work.
c. Employees are responsible for obtaining
advance approval from their appointing
authority or designee for the schedule time of
prearranged personal or family medical and
dental appointments.
The use of sick leave may be denied if these procedures are
not followed. Abuse of sick leave on the part of the employee
is cause for disciplinary action. To ascerta in the propriety of
claims against sick leave, the Department Head may make
SECTION 13 - SICK LEAVE
DAIA - 50 - 2008-2013 MOU
such investigations as he/she deems necessary including
medical verification of illness.
13.5 Disability.
a. An employee physically or mentally
incapacitated for the performance of duty is
subject to dismissal, suspension or demotion,
subject to the County Employees Retirement
Law of l937. 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
employee's paid time, a physical, medical
and/or psychiatric examination by a licensed
physician or psychologist and receive a report
of the findings on such examination. If the
examining physician or psychologist
recommends that treatment for physical or
mental health problems, including leave, are in
the best interests of the employee or the
County in relation to the employee overcoming
any disability and/or performing his/her duties
SECTION 13 - SICK LEAVE
DAIA - 51 - 2008-2013 MOU
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 or
psychologist, and may consider a report of the
findings on such examination. If the report
shows that such employee is physically or
mentally incapacitated for the performance of
duty, the appointing authority may take such
action as he/she deems necessary in
accordance with appropriate provisions of this
MOU.
e. Before an employee is placed on an unpaid
leave of absence or suspended because of
physical or mental incapacity under (A) or (B)
above, the employee shall be given notice of
the proposed leave of absence or suspension
by letter or memorandum, delivered personally
or by certified mail, containing the following:
SECTION 13 - SICK LEAVE
DAIA - 52 - 2008-2013 MOU
1. a statement of the leave of absence or
suspension proposed;
2. the proposed dates or duration of the
leave or suspension which may be
indeterminate until a certain physical or
mental health condition has been
attained by the employee;
3. a statement of the basis upon which the
action is being taken;
4. a statement that the employee may
review the materials upon which the
action is taken;
5. a statement that the employee has until
a specified date (not less than seven (7)
work days from personal delivery or
mailing of the notice) to respond to the
appointing authority orally or in writing.
f. Pending response to the notice the appointing
authority for cause specified in writing may
place the employee on a temporary leave of
absence, with pay.
g. The employee to whom the notice has been
delivered or mailed shall have seven (7) work
days to respond to the appointing authority
either orally or in writing before the proposed
action may be taken.
h. After having complied with the notice
requirements above, the appointing authority
SECTION 13 - SICK LEAVE
DAIA - 53 - 2008-2013 MOU
may order the leave of absence or suspension
in writing stating specifically the basis upon
which the action is being taken, delivering the
order to the employee either personally or by
certified mail, effective either upon personal
delivery or deposit in the U.S. Postal Service.
i. An employee who is placed on leave or
suspended under this section may, within ten
(10) calendar days after personal delivery or
mailing to the employee of the order, appeal
the order in writing through the Director of
Human Resources to the Merit Board.
Alternatively, the employee may file a written
election with the Director of Human Resources
waiving the employee's right to appeal to the
Merit Board in favor of appeal to a Disability
Review Arbitrator.
j. In the event of an appeal either to the Merit
Board or the Disability Review Arbitrator, the
employee has the burden of proof to show that
either:
1. the physical or mental health condition
cited by the appointing authority does
not exist, or
2. the physical or mental health condition
does exist, but it is not sufficient to
prevent, preclude, or impair the
employee's performance of duty, or is
not sufficient to endanger the health or
safety of the employee, other
employees, or the public.
SECTION 13 - SICK LEAVE
DAIA - 54 - 2008-2013 MOU
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.
a. The arbitrator may affirm, modify or
revoke the leave of absence or
suspension.
b. The arbitrator may make his/her decision based only
on evidence submitted by the County and the
employee.
c. 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
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DAIA - 55 - 2008-2013 MOU
sustainable, subject to the employee's
duty to mitigate damages.
d. The arbitrator's fees and expenses shall
be paid one-half by the County and one-
half by the employee or employee's
association.
13.6 Workers' Compensation.
a. State Labor Code 4850 Pay. Law enforcement
officers as defined in State Labor Code 4850
who are members of the Contra Costa County
Retirement System continue to receive full
salary benefits in lieu of temporary disability
during any absence from work which qualifies
for workers' compensation benefits.
Currently, the maximum 4850 pay is one (1)
year for any injury or illness. To be eligible for
this benefit the employee must be under the
care of a physician. All 4850 pay shall be
approved by the County Administrator's Office,
Risk Management Division.
b. Sick Leave and Vacation. Sick leave and
vacation shall accrue in accordance with the
provision of State Labor Code 4850.
c. 4850 Pay Beyond One Year. If an injured
employee remains eligible for workers'
compensation temporary disability benefits
beyond one (1) year, full salary will continue by
integrating sick leave and/or vacation accruals
with workers' compensation benefits (use of
vacation accruals must be approved by the
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DAIA - 56 - 2008-2013 MOU
department and the employee). If salary
integration is no longer available because
accruals are exhausted, workers'
compensation benefits will be paid directly to
the employee as prescribed by workers'
compensation laws.
d. Rehabilitation Integration. An injured employee
who is eligible for workers' compensation
rehabilitation temporary disability benefits and
who has exhausted 4850 pay eligibility will
continue to receive full salary by integrating
sick leave and/or vacation accruals with
workers' compensation rehabilitation temporary
disability benefits. When these accruals are
exhausted, the rehabilitation temporary
disability benefits will be paid directly to the
employee as prescribed by workers'
compensation laws.
e. Health Insurance. The County contribution to
the employee's group insurance plan(s)
continues during the 4850 pay period and
during integration of sick leave or vacation with
workers' compensation benefits.
f. Integration Formula. An employee's sick leave
and/or vacation charges shall be calculated as
follows: C = 8 [1 - (W ÷ S)]
C = Sick leave or vacation charge per day
(in hrs.)
W = Statutory workers' compensation for a
month
S = Monthly salary
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DAIA - 57 - 2008-2013 MOU
g. Medical Examinations. Whenever possible,
medical exams or follow-up medical
appointments for job-related illness or injury
scheduled during work hours will be at the
beginning or end of the employee's shift so as
to minimize time lost from work.
13.7 Integration of SDI. On May 26, 1981 the
Board of Supervisors established a Labor Management
Committee to administer a rehabilitation program for
disabled County employees. It is understood that the
benefits specified above in this Section 13 shall be
coordinated with any disabled employee's rehabilitation
program.
13.8 Accrual During Leave Without Pay. No
employee who has been granted a leave without pay or an
unpaid military leave shall accrue any sick leave credits
during the time of such leave nor shall an employee who is
absent without pay accrue sick leave credits during the
absence.
SECTION 14 - LEAVE OF ABSENCE
14.1 Leave Without Pay. Any employee who has
permanent status in the classified service may be granted a
leave of absence without pay upon written request, approved
by the appointing authority; provided, however, that leaves
for pregnancy, pregnancy disability, serious health
conditions, and family care shall be granted in accordance
with applicable state and federal law.
14.2 General Administration - Leaves of
Absence. Requests for leave without pay shall be made
upon forms prescribed by the Director of Human Resources
SECTION 14 - LEAVE OF ABSENCE
DAIA - 58 - 2008-2013 MOU
and shall state specifically the reason for the request, the
date when it is desired to begin the leave, and the probable
date of return.
a. Leave without pay may be granted for up to
one (1) year 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 should request a leave of
absence 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 a leave of absence
arises.
c. An appointing authority may extend such leave
for additional periods. The procedure in
granting extensions shall be the same as that
in granting the original leave, provided that the
request for extension must be made not later
SECTION 14 - LEAVE OF ABSENCE
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than thirty (30) calendar days before the
expiration of the original leave.
14.3 Family Care or Medical Leave (FMLA).
a. Definitions. For medical and family care leaves
of absence under Section 14, the following
definitions apply:
1. 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.
2. Parent: A biological, foster, or adoptive
parent, a stepparent, legal guardian,
conservator, or other person standing in
loco parentis to a child.
3. Spouse: A partner in marriage as
defined in California Civil Code Section
4100.
4. 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.
5. Serious Health Condition: An illness,
injury, impairment, or physical or mental
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condition which 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) and which, for family care
leave only, warrants the participation of
a family member to provide care during
a period of treatment or supervision, as
defined by state and federal law.
6. 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:
a. the date, if known, on which the
serious health condition
commenced;
b. the probable duration of the
condition;
c. an estimate of the amount of time
which the employee needs to
render care or supervision;
d. a statement that the serious
health condition warrants the
participation of a family member
to provide care during period of
treatment or supervision;
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e. if for intermittent leave or a
reduced work schedule leave, the
certification should indicate that
the intermittent leave or reduced
work schedule leave is necessary
for the care of the individual or
will assist in their recovery, and
its expected duration.
7. 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:
a. the date, if known, on which the
serious health condition
commenced;
b. the probable duration of the
condition;
c. a statement that the employee is
unable to perform the functions of
the employee's job;
d. if for intermittent leave or a
reduced work schedule leave, the
certification should indicate the
medical necessity for the
intermittent leave or reduced
work schedule leave and its
expected duration.
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8. 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.
b. Section 14.2 notwithstanding, upon request to
the appointing authority, during a “rolling”
twelve (12) month period measured backward
from the date an employee uses his/her/her
FMLA leave, any employee who has
permanent status shall be entitled to, and shall
be granted, at least twelve (12) weeks leave
(less if so requested by the employee) for:
1. 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
2. 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.
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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.
c. Intermittent Use of Leave. The twelve (12)
week entitlement may be in broken periods,
intermittently on a regular or irregular basis, or
may include reduced work schedules
depending on the specific circumstances and
situations surrounding the request for leave.
The twelve (12) 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 14.6.b below. 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.
d. Aggregate Use for Spouse. 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 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.
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14.4 Pregnancy Disability Leave. Insofar as
pregnancy disability leave is used under Section 13.2.d -
Sick Leave Utilization for Pregnancy Disability, that time will
not be considered a part of the twelve (12) week family care
leave period.
14.5 Group Health Plan Coverage.
a. During Leave of Absence. 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 14.6. 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.
b. During Medical or Family Care Leave. During
the twelve (12) weeks of an approved medical
or family care leave under Section 14.3 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 14.6. In order to
maintain such coverage, employees are
required to pay timely the full employee
contribution to maintain their group health plan
coverage, either through payroll deduction or
by paying the County directly.
14.6 Leave Without Pay - Use of Accruals.
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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 at
least 0.1 hour of available sick leave (if so
entitled under Section 13 - 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
SDI/Sick Leave Integration.
b. Family Care or Medical Leave (FMLA). During
the twelve (12) 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
13 - 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. Sick leave accruals may not be used during
any leave of absence, except as allowed under
Section 13 - Sick Leave.
14.7 Military Leave. Any employee who is required
to serve as a member of the State Militia or the United
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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. An employee
who volunteers for such service shall be granted a leave of
absence if necessary in accordance with applicable state or
federal laws. Upon the termination of such service or upon
honorable discharge, the employee shall be entitled to return
to his/her position in the classified service provided such still
exists and the employee is otherwise qualified, without any
loss of standing of any kind whatsoever.
An employee who has been granted a military leave shall
not, by reason of such absence, suffer any loss of vacation,
holiday, or sick leave privileges which may be accrued at the
time of such leave, nor shall the employee be prejudiced
thereby with reference to salary adjustments or continuation
of employment. For purposes of determining eligibility for
salary adjustments or seniority in case of layoff or
promotional examination, time on military leave shall be
considered as time in County service.
Any employee who has been granted a military leave, may
upon return, be required to furnish such evidence of
performance of military service or of honorable discharge as
the Director of Human Resources may deem necessary.
14.8 Return From Leave of Absence.
a. Early Return. 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 early
return provided, however, that less notification
may be approved at the discretion of the
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appointing authority or his/her designee. Early
return is subject to prior approval by the
appointing authority. The Human Resources
Department shall be notified promptly of such
return.
b. Leave of Absence 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.
c. Leave of Absence Replacement. In case of
severance from service or displacement by
reason of the reinstatement of a permanent
employee returning from a leave of absence,
the provisions of Section 10 (Seniority,
Workforce Reduction, Layoff, & Reassignment
Seniority) shall apply.
d. Reinstatement From Family Care or Medical
Leave of Absence. In the case of a family care
or medical leave, an employee on a 5/40
schedule shall be reinstated to the same or
comparable position if the return to work is
after no more than ninety (90) work days of
leave from the initial date of a continuous
leave, including use of accruals, or within the
equivalent on an alternate work schedule. A full
time employee taking an intermittent or
reduced work schedule leave shall be
reinstated to the same or comparable position
if the return to work on a full schedule is after
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no more than 720 hours, including use of
accruals, of intermittent or reduced work
schedule leave. At the time the original leave is
approved, the appointing authority shall notify
the employee in writing of the final date to
return to work, or the maximum number of
hours of leave, in order to guarantee
reinstatement to the same or comparable
position. An employee on a schedule other
than 5/40 shall have the time frame for
reinstatement to the same or comparable
position adjusted on a pro rata basis.
14.9 Appeal of Denial. The decision of the
appointing authority on granting or denying leave or early
return from leave shall be subject to appeal to the Director of
Human Resources and not subject to appeal through the
grievance procedure set forth in this MOU.
14.10 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 receive
salary increments that may accrue to them during the period
of military leave.
14.11 Unauthorized Absence. An unauthorized
absence from the work site or failure to report for duty after a
leave request has been disapproved, revoked, or canceled
by the appointing authority, or at the expiration of a leave
shall be without pay. Such absence may also be grounds for
disciplinary action.
14.12 Furlough Days Without Pay. Subject to the
prior written approval of the appointing authority, employees
SECTION 15 - JURY DUTY AND WITNESS DUTY
DAIA - 69 - 2008-2013 MOU
may elect to take furlough days or hours with out 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,
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 Sections 12.1, 13.2, 13.8 and
14.1 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.
SECTION 15 - JURY DUTY AND WITNESS DUTY
15.1 Jury Duty. For purposes of this Section, jury
duty shall be defined as any time an employee is obligated
to report to the court.
When called for jury duty, County employees, like other
citizens, are expected to discharge their jury duty
responsibilities.
Employees shall advise their department as soon as
possible if scheduled to appear for jury duty.
SECTION 15 - JURY DUTY AND WITNESS DUTY
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If summoned for jury duty in a Superior or Federal Court, or
a Coroners jury, employees may remain in their regular
County pay status, or they may take paid leave (vacation,
floating holiday, etc.) or leave without pay and retain all fees
and expenses paid to them.
When an employee is summoned for jury duty selection or is
selected as a juror in a Superior or Federal Court,
employees may remain in a regular pay status if they waive
all fees (other than mileage), regardless of shift assignment
and the following shall apply:
a. If an employee elects to remain in a regular
pay status and waive or surrender all fees
(other than mileage), the employee shall obtain
from the Clerk or Jury Commissioner a
certificate indicating the days attended and
noting that fees other than mileage are waived
or surrendered. The employee shall furnish
the certificate to his/her department where it
will be retained as a department record. No
"Absence/Overtime Record" is required.
b. An employee who elects to retain all fees must
take leave (vacation, floating holiday, etc.) or
leave without pay. No court certificate is
required but an "Absence/Overtime Record"
must be submitted to the department payroll
clerk.
Employees are not permitted to engage in any employment
regardless of shift assignment or occupation before or after
daily jury service that would affect their ability to properly
serve as jurors.
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An employee on short notice standby to report to court,
whose job duties make short notice response impossible or
impractical, shall be given alternate work assignments for
those days to enable them to respond to the court on short
notice.
When an employee is required to serve on jury duty, the
County will adjust that employee's work schedule to coincide
with a Monday to Friday schedule for the rem ainder of their
service, unless the employee requests otherwise.
Participants in 9/80 or 4/10 work schedules will not receive
overtime or compensatory time credit for jury duty on their
scheduled days off.
Permanent-intermittent employees are entitled to paid jury
duty leave only for those days on which they were previously
scheduled to work.
15.2 Witness Duty. Employees called upon as a
witness or an expert witness in a case arising in the course
of their work or the work of another department may remain
in their regular pay status and turn over to the County all
fees and expenses paid to them other than mileage
allowance or they may take vacation leave or leave without
pay and retain all fees and expenses.
Employees called to serve as witnesses in private cases or
personal matters (e.g., accident suits and family relations)
shall take vacation leave or leave without pay and retain all
witness fees paid to them.
Retention or waiver of fees shall be governed by the same
provisions as apply to jury duty a s set forth in Section 15.1 of
this MOU.
SECTION 16 - HEALTH, LIFE AND DENTAL
CARE
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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 16 - HEALTH, LIFE AND DENTAL CARE
16.1 Health Plan. The County will provide group
health benefits through the California Public Employees’
Retirement System (CalPERS) for all permanent full -time
employees, and permanent part-time employees regularly
scheduled to work at least twenty (20) hours per week in
classes represented by DAIA. The CalPERS program, as
regulated by the Public Employees' Medical and Hospital
Care Act (PEMHCA), will control on all issues, including but
not limited to eligibility, benefit levels and premium costs.
DAIA acknowledges that CalPERS Health Plan program
benefits may not be equal to b enefits previously available to
their represented employees, and Consolidated Omnibus
Budget Reconciliation Act (COBRA) counterparts through
the various optional health programs previously offered by
Contra Costa County.
DAIA acknowledges that notwithstanding this MOU and
during the time that it is in effect, CalPERS may terminate or
change covered expenses, benefit payments, copayments
on covered benefits, deductibles, lifetime and/or annual
maximum limits and eligibility rules, and may implement cost
control measures as they deem appropriate.
16.2 Contra Costa Health Plan (CCHP). Because
CCHP has met the minimum standards required under
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CARE
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PEMHCA and is approved as an alternative CalPERS plan
option, DAIA members and COBRA counterparts may elect
to enroll in CCHP under the CalPERS plan rules and
regulations.
16.3 Health Plan Contribution. The County’s
contribution to the CalPERS monthly health plan premiums
for coverage hereunder shall be as provided below. Any
increase in the Health Plan premium costs greater than the
County’s contributions identified below occurring during the
duration of this MOU shall be borne by the employee.
a. Effective January 1, 2005:
The following represents the County’s
maximum monthly contribution for CalPERS
health plan premiums:
Employee only: $308.58
Employee + one: $617.16
Employee + two or more: $802.31
In the event, in whole or in part, that the above
amounts are greater than one hundred percent
(100%) of the applicable premium of any plan,
the County’s contribution will not exceed one
hundred percent (100%) of the applicable plan
premium.
b. County’s Contribution. Effective January 1,
2005, subvention rates for the purposes of
open enrollment in all PERS medical plans will
be the dollar equivalent of eighty-seven
percent (87%) of the PERS Kaiser premium at
SECTION 16 - HEALTH, LIFE AND DENTAL
CARE
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each level (employee only, employee + one,
employee + two or more).
In the event, in whole or in part, that the above
amounts are greater than one hundred percent
(100%) of the applicable premium of any plan,
the County’s contribution will not exceed one
hundred percent (100%) of the applicable plan
premium.
16.4 Dental Program. The County will continue to
offer the existing County group Dental Plans (Delta and PMI
Delta Care) to all permanent employees in classes
represented by the DAIA.
16.5 Dental Contribution. The County’s
contribution to the monthly dental plan premiums shall be as
provided below. These contributions are provided only for
permanent full-time and permanent part-time employees
regularly scheduled to work at least twenty (20) hours per
week. Permanent-intermittent, provisional and permanent
part-time employees working less than twenty (20) hours per
week may enroll in a dental plan but are not entitled to the
County’s contribution. Any increases in dental plan costs
greater than the County’s contributions identified below
during the duration of this shall be borne by the employee:
a. Delta and PMI Delta Care: The County will
contribute seventy-seven percent (78%) toward
the monthly dental premium.
b. Dental Only: Employees who elect dental
coverage as stated above without health
coverage will pay one cent ($.01) per month for
such coverage.
SECTION 16 - HEALTH, LIFE AND DENTAL
CARE
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16.6. Orthodontic Coverage. During the term of this MOU,
employees represented by DAIA may be polled t o determine
if a majority of the membership desires the addition of an
orthodontics benefit under the Delta Dental plan. If a majority
of members desire an orthodontics benefit be made
available, the County and DAIA will meet and confer on the
effective date of coverage, plan design, costs, limitations and
exclusions. The costs for the added benefit will be borne by
each enrolled Delta member whose eligibility for benefits is
under DAIA’s program. Payment will be made by either
payroll deduction or direct pay for those members not
entitled to monthly payroll deductions.
16.7 Rate Information. The County Benefits
Service Unit will make dental plan rate information and, to
the extent possible, CalPERS health plan rate information
available to employees and departments upon request. In
addition, the County Benefits Service Unit will publish and
distribute to employees and departments information about
rate changes as they occur during the year.
16.8 Life Insurance Program. Effective January 1,
2007, the County will provide a $10,000 Term Life Insurance
Plan for all permanent employees in classes represented by
DAIA who are enrolled in either a health and/or dental plan.
16.9 Life Insurance Contributions. The County
will pay the entire premium on behalf of permanent full-time
and permanent part-time employees regularly scheduled to
work at least twenty (20) hours per week who elect health
and/or dental coverage. Permanent -intermittent, provisional
and permanent part-time employees working less than
twenty (20) hours per week may participate in the Life
Insurance Plan at their full personal expense, which shall not
SECTION 16 - HEALTH, LIFE AND DENTAL
CARE
DAIA - 76 - 2008-2013 MOU
exceed the County’s cost, provided they elect health and/or
dental coverage.
16.10 Premium Payments. Employee participation
in any health, dental, or life insurance plan is contingent
upon the employee authorizing payroll deduction by the
County of the employee’s share of the premium cost. The
County's contribution to health plan and dental plan monthly
premiums are payable as follows:
a. CalPERS Plan (Includes Alternate CCHP
Plan).
The County's contribution to the health plan
premium is payable one (1) month in advance.
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 amount delinquent
to the Auditor-Controller. The responsibility for
this payment rests solely with the employee.
b. Dental and Life Insurance Plans. The County's
contribution to the dental and life insurance
premium (as described in Sections 16.6 and
16.9) is payable monthly. 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 amount delinquent to the Auditor-
Controller. The responsibility for this payment
rests solely with the employee.
16.11 Extended Coverage. An employee on
approved leave without pay shall be allowed to continue
his/her health/dental/life insurance coverage provided that
SECTION 16 - HEALTH, LIFE AND DENTAL
CARE
DAIA - 77 - 2008-2013 MOU
the employee shall pay their share of the monthly premium
during said leave.
An employee not eligible for continued coverage may
convert to individual health plan coverage (if available) or
continue group coverage subject to the provisions of the
Consolidated Omnibus Budget Reconciliation Act (COBRA),
plus any administrative fees, for the option selected. The
entire cost of coverage shall be paid at the time and place
specified by CalPERS for health plans and by the County for
the dental plans.
An employee who terminates County employment is covered
through the last day of the month in which he/she is paid for
County dental plans and through the last day of the month
following the month of termination for CalPERS plans.
Employees who terminate County employment may continue
Group Health/Dental plan coverage to the extent provided
under the COBRA regulations.
16.12 Retirement Coverage. Upon retirement,
employees may, subject to plan requirements, remain in the
same County group medical plan if immediately before their
retirement they are either active subscribers to one of the
County Health Plans or if on authorized leave of absence
without pay, they have retained individual conversion
membership from the County plan.
Pursuant to CalPERS regulations, employees enrolled in the
CalPERS alternative plan (CCHP) at the time of retirement
are permanently precluded from enrolling in any other
CalPERS or County health plan.
16.13 Dual Coverage.
SECTION 16 - HEALTH, LIFE AND DENTAL
CARE
DAIA - 78 - 2008-2013 MOU
A. CalPERS Health Plan. Employees must
adhere to the rules as established by
CalPERS.
B. Dental Plans.
1. In the event either of a husband or wife,
who both work for the County, becomes
ineligible for coverage, the remaining
eligible member shall be allowed to (a)
enroll in a dental plan, if not currently
enrolled, or (b) add the spouse and or
dependent(s) to their existing plan
coverage provided they do so within
thirty (30) days of the date coverage is
no longer afforded under the spouse's
plan.
2. In the event a spouse who does not
work for the County becomes ineligible
for coverage, the County employee shall
be allowed to enroll in a dental plan, if
not currently enrolled, or add the spouse
and or dependent(s) to their existing
plan coverage provided they do so
within thirty (30) days of the date
coverage is no longer afforded under
the spouse's plan and evidence of the
termination of coverage is provided by
the spouse’s employer.
16.14 Health Care Spending Account. Effective
January 1, 1997, the County will offer regular full -time and
part-time (20/40 or greater) County employees the option to
participate in a Health Care Spending Account (HCSA)
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CARE
DAIA - 79 - 2008-2013 MOU
Program designed to qualify for tax savings under Section
125 of the Internal Revenue Code, but such savings are not
guaranteed. The HCSA Program allows employees to set
aside a pre-determined amount of money from their
paycheck, not to exceed three thousand dollars ($3,000) per
year, for health care expenses not reimbursed by any other
health benefits plan with before-tax dollars. HCSA dollars
can be expended on any eligible medical expenses allowe d
by Internal Revenue Code Section 125. Effective January 1,
2007, this amount shall be increased to $4500 per year.
Effective January 1, 2008, this amount shall be increased to
$5000 per year. Any unused balance cannot be recovered
by the employee.
The County will continue to offer employees the option to
participate in the existing Countywide DCAP and premium
conversion programs.
16.15 Wellness Incentive Program. A broad-based
pilot Wellness Incentive Program will be developed with
input from the Joint Labor Management Wellness
Committee. The purpose of this program will be to reward
County employees with incentives for participating in
Wellness Program activities and encourage them to live
healthier lifestyles. The Wellness Committee will work
closely with the Human Resources Department on program
design and implementation.
A. Program Design. The Wellness Incentive
Program design will include the development of
additional wellness activities to compliment the
current Employee Wellness Program schedule
and collaboration with health plan carriers to
develop special programs and activities for
County employees and to encourage
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CARE
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participating in their established wellness
activities. Special emphasis will be placed on
supporting major programs such as Smoking
Cessation, Nutrition/Weight Loss, Brown Bag
Seminars, Health Screenings, and Health
Fairs.
B. Format. A point value system for program
participation will be developed wherein each
wellness activity and program will be assigned
a point value. Points will accumulate and
incentive prizes will be awarded to employees
upon realizing certain point levels. The value of
the prizes will increase with higher point values
and one (1) grand prize will be awarded each
year to the employee with the highest number
of points.
C. Incentives. A series of incentive prizes will be
assigned to certain point values. In addition,
recognition for employee and department
participation will be an important aspect of the
Wellness Incentive Program.
D. Referral. The parties agree to refer the
Wellness Incentive Program to the Wellness
Committee for its consideration.
16.16 PERS Long Term Care. The County proposes
to deduct and remit monthly premium and eligible lists to the
PERS Long Term Care Administrator, at no County
administrative cost, for County employees who are eligible
and voluntarily elect to purchase long term care through the
PERS Long Term Care Program.
SECTION 17 - PROBATIONARY PERIOD
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The County further agrees that County employees interested
in purchasing PERS Long Term Care may participate in
meetings scheduled by PERS Long Term Care on County
facilities during non-work hours (i.e. coffee breaks, lunch
hour).
16.17 Video Display Terminal (VDT) Users Eye
Examination
The County agrees to extend any vision care coverage to
the District Attorney Investigators’ Association if the Health
Care Oversight Committee, a sub-committee of the County
and the Labor Coalition, reports its findings to the County
and the Labor Coalition and vision care coverage is offered
to the Coalition.
SECTION 17 - PROBATIONARY PERIOD
17.1 Duration. All appointments from officially
promulgated employment lists for original entrance or
promotion shall be subject to a probationary period. This
period shall be from six (6) months to two (2) years duration.
17.2 Probation Periods Over Six Months. Listed
below are those classes represented by the Association
which have probation periods in excess of six (6) months:
D.A. Inspector - One (1) year
D.A. Sr. Inspector - - One (1) year
17.3 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.
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17.4 Length of Probationary Period. The
probationary period shall commence from the date of
appointment. It shall not include time served in provisional or
temporary appointments or any period of continuous
absence or industrial or non-industrial leave or temporary
modified duty assignment exceeding fifteen (15) calendar
days, except as otherwise provided in the Personnel
Management Regulations or by law.
For those employees appointed to permanent -intermittent
positions with a six (6) months probation period, probation
will be considered completed upon serving one thousand
(1,000) 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.
17.5 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 affiliations
or opinions, 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
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DAIA - 83 - 2008-2013 MOU
facts by which it is claimed that grounds for
appeal exist under subsection (A) and must be
filed through the Director of Human Resources
to the Merit Board by 5:00 p.m. on the seventh
(7th) calendar day after the date of delivery to
the employee of notice of rejection.
C. The Merit Board shall consider the appeal, and
if it finds probable cause to believe that the
rejection may have been based on grounds
prohibited in subsection (A), it may refer the
matter to a Hearing Officer for hearing,
recommended findings of fact, conclusions of
law and decision, pursuant to the relevant
provisions of the Merit Board rules in which
proceedings the rejected probationer has the
burden of proof.
D. If the Merit Board finds no probable cause for a
hearing, it shall deny the appeal. If, after
hearing, the Merit Board upholds the appeal, it
shall direct that the appellant be reinstated in
the position and the appellant shall begin a
new probationary period unless the Merit
Board specifically reinstates the former period.
17.6 Regular Appointment. The regular
appointment of a probationary employee shall begin on the
day following the end of the probationary period, subject to
the condition that the Director of Human Resources receive
from the appointing authority a statement in writing that the
services of the employee during the probationary period
were satisfactory and that the employee is recommended for
permanent appointment. A probationary employee may be
rejected at any time during the probation period without
regard to the Skelly provisions of this MOU, without notice
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and without right of appeal or hearing. If the appointing
authority has not returned the probation report, or the
appointing authority fails to submit in a timely manner the
proper written documents certifying that a probationary
employee has served in a satisfactory manner and later
acknowledges it was his/her intention to do so, the regular
appointment shall begin on the day following the end of the
probationary period.
Notwithstanding any other provisions of the MOU, an
employee rejected during the probation period from a
position in the Merit System to which the employee had been
promoted or transferred from an eligible list, shall be
restored to a position in the department from which the
employee was promoted or transferred.
An employee dismissed for other than disciplinary reasons
within six (6) months after being promoted or transferred
from a position in the Merit System to a position not included
in the Merit System shall be restored to a position in the
classification in the department from which the employee
was promoted or transferred.
A probationary employee who has been rejected or has
resigned during probation shall not be restored to the eligible
list from which the employee was certified unless the
employee receives the affirmative recommendation from the
appointing authority and is certified by the Human
Resources Director whose decision is final.
The Director of Human Resources shall not certify the name
of a person restored to the eligible list to the same
appointing authority by whom the person was rejected from
the same eligible list, unless such certification is requested in
writing by the appointing authority.
SECTION 18 - PROMOTION
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17.7 Layoff During Probation. An employee who is
laid off during probation, if reemployed in the same class by
the same department, shall be required to complete only the
balance of the required probation.
If reemployed in another department or in another
classification, the employee shall serve a full probationary
period. An employee appointed to a permanent position from
a layoff or reemployment list is subject to a probation period
if the position is in a department other than the department
from which the employee separated, displaced, or voluntarily
demoted in lieu of layoff. An appointment from a layoff or
reemployment list is not subject to a probation period if the
position is in the department from which the employee
separated, displaced or voluntarily demoted in lieu of layoff.
17.8 Rejection During Probation of Laid Off
Employee. An employee who has achieved permanent
status in the class before layoff and who subsequently is
appointed from the layoff list shall begin a new probation
period if subsequently certified and appointed in a different
department or classification than that from which the
employee was laid off. If the employee is rejected during the
probation period, the employee shall be automatically
restored to the layoff list, unless discharged for cause, if the
rejection occurs within the employee's period of layoff
eligibility.
SECTION 18 - PROMOTION
18.1 Competitive Exam. Promotion shall be by
competitive examination unless otherwise provided in this
MOU.
18.2 Promotion Policy. The Director of Human
Resources, upon request of an appointing authority, shall
SECTION 18 - PROMOTION
DAIA - 86 - 2008-2013 MOU
determine whether an examination is to be called on a
promotional basis.
18.3 Open Exam. If an examination for one of the
classes represented by the Association is proposed to be
announced on an Open Only basis the Director of Human
Resources shall give five (5) days prior notice of such
proposed announcement and shall meet at the request of
the Association to discuss the reasons for such open
announcement.
18.4 Promotion Via Reclassification Without
Examination. Notwithstanding other provisions of this
Section, an employee may be promoted from one
classification to a higher classification and his/her position
reclassified at the request of the appointing authority and
under the following conditions:
a. An evaluation of the position(s) in question
must show that the duties and responsibilities
have significantly increased and constitute a
higher level of work.
b. The incumbent of the position must have
performed at the higher level for one (1) year.
c. The incumbent must meet the minimum
education and experience requirements for the
higher class.
d. The action must have approval of the Human
Resources Director.
e. The Association approves such action.
SECTION 19 - TRANSFER
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The appropriate rules regarding probationary status and
salary on promotion are applicable.
18.5 Requirements for Promotional Standing. In
order to qualify for an examination called on a promotional
basis, an employee must have probationary or permanent
status in the merit system and must possess the minimum
qualifications for the class. Applicants will be admitted to
promotional examinations only if the requirements are met
on or before the final filing date. If an employee who is
qualified on a promotional employment list is separated from
the merit system, except by layoff, the employee's name
shall be removed from the promotional list.
18.6 Seniority Credits. Employees who have
qualified to take promotional examinations and who have
earned a total score, not including seniority credits, of
seventy percent (70%) or more, shall receive, in addition to
all other credits, five one-hundredths of one percent (.05%)
for each completed month of service as a permanent County
employee continuously preceding the final date for filing
application for said examination. For purposes of seniority
credits, leaves of absence shall be considered as service.
Seniority credits shall be included in the final percentage
score from which the rank on the promotional list is
determined. No employee, however, shall receive more than
a total of five percent (5%) credit for seniority in any
promotional examination.
18.7 Physical Examination. County employees
who are required as part of the promotional examination
process to take a physical examination, shall do so on
County time at County expense.
SECTION 19 - TRANSFER
SECTION 19 - TRANSFER
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19.1 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;
c. the employee concerned shall have indicated
agreement to the change in writing.
d. 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.
19.2 Procedure. 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/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
SECTION 20 - RESIGNATIONS
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appointing authority or authorities concerned and the
employee of the proposal and may take the initiative in
accomplishing the transfer.
SECTION 20 - 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 upon receipt, and shall indicate the effective
date of termination. Oral resignation shall be immediately
confirmed by the appointing authority in writing to the
employee and to the Human Resources Department and
shall indicate the effective date of termination.
20.1 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.
20.2 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
the appointing authority to the employee at the
employee's last known address.
SECTION 20 - RESIGNATIONS
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20.3 Effective Resignation. A resignation is
effective when delivered or spoken to the appointing
authority, operative either on that date or another date
specified.
20.4 Revocation. A resignation that is effective is
revocable only by written concurrence of the employee and
the appointing authority.
20.5 Coerced Resignations.
a. Time Limit. A resignation which the employee
believes has been coerced by the appointing
authority may be revoked within seven (7)
calendar days after its expression, by serving
written notice on the Director of Human
Resources and a copy on the appointing
authority.
b. Reinstatement. If the appointing authority
acknowledges that the employee could have
believed that the resignation was coerced, it
shall be revoked and the employee returned to
duty effective on the day following the
appointing authority's acknowledgment without
loss of seniority or pay.
c. Contest. Unless, within seven (7) days of the
receipt of the notice, the appointing authority
acknowledges that the resignation could have
been believed to be coerced, this question
should be handled as an appeal to the Merit
Board. In the alternative, the employee may file
a written election with the Director of Human
Resources waiving the employee's right of
appeal to the Merit Board in favor of the
SECTION 21 - DISMISSAL, SUSPENSION,
DEMOTION, TEMPORARY REDUCTION IN PAY
& REDUCTION WITHIN CLASS
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employee's appeal rights under the grievance
procedure contained in Section 22 – Grievance
Procedure of the MOU beginning with Step C.
d. Disposition. If a final decision is rendered that
determines that the resignation was coerced,
the resignation shall be deemed revoked and
the employee returned to duty effective on the
day following the decision but without loss of
seniority or pay, subject to the employee's duty
to mitigate damages.
SECTION 21 - DISMISSAL, SUSPENSION, DEMOTION,
TEMPORARY REDUCTION IN PAY & REDUCTION
WITHIN CLASS
21.1 Cause for Action. The appointing authority
may dismiss, suspend, demote, temporarily reduce the pay
of, or reduce within class any employee for cause. The
reduction in pay may not exceed five percent (5%) for a
three (3) month period. The following are sufficient causes
for such action; the list is indicative rather than inclusive of
restrictions and dismissal, suspension, reduction 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
and/or the Office of the District Attorney into
disrepute,
SECTION 21 - DISMISSAL, SUSPENSION,
DEMOTION, TEMPORARY REDUCTION IN PAY
& REDUCTION WITHIN CLASS
DAIA - 92 - 2008-2013 MOU
d. disorderly or immoral conduct,
e. incompetence or inefficiency,
f. insubordination,
g. being at work under the influence of liquor or
drugs, carrying onto the premises liquor or
drugs or consuming or using liquor or drugs
during work hours and/or on County premises,
h. neglect of duty, (i.e. non-performance of
assigned responsibilities),
i. negligent or willful damage to public property or
waste of public supplies or equipment,
j. violation of any lawful or reasonable regulation
or order given by a Supervisor or Department
Head,
k. willful violation of any of the provisions of the
Merit System Ordinance or Personnel
Management Regulations,
l. material and intentional misrepresentation or
concealment of any fact in connection with
obtaining employment,
m. misappropriation of County funds or property,
SECTION 21 - DISMISSAL, SUSPENSION,
DEMOTION, TEMPORARY REDUCTION IN PAY
& REDUCTION WITHIN CLASS
DAIA - 93 - 2008-2013 MOU
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.
21.2 Skelly Requirements - Notice of Proposed
Action (Skelly Notice). Before taking a disciplinary action to
dismiss, suspend, for more than five (5) work days (four (4)
work days for employees on 4-/10 work week), demote,
temporarily reduce the pay of, or reduce within class 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.
SECTION 21 - DISMISSAL, SUSPENSION,
DEMOTION, TEMPORARY REDUCTION IN PAY
& REDUCTION WITHIN CLASS
DAIA - 94 - 2008-2013 MOU
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.
21.3 Employee Response. The employee upon
whom a Notice of Proposed Action has been served shall
have seven (7) calendar days to respond to the appointing
authority either orally or in writing before the proposed action
may be taken. Upon request of the employee and for good
cause, the appointing authority may extend in writing the
period to respond. If the employee's response is not filed
within seven (7) days or during any extension, the right to
respond is lost.
21.4 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.
21.5 Suspensions Without Pay. Suspensions
without pay shall not exceed thirty (30) days unless or dered
by an arbitrator, an adjustment board or the Merit Board. The
SECTION 21 - DISMISSAL, SUSPENSION,
DEMOTION, TEMPORARY REDUCTION IN PAY
& REDUCTION WITHIN CLASS
DAIA - 95 - 2008-2013 MOU
thirty (30) day limit does not apply to suspension due to
pending criminal charges as provided in 21.6 below.
21.6 Procedure on Dismissal, Suspension,
Reduction Within Class, Temporary Reduction in Pay, or
Disciplinary Demotion.
a. In any disciplinary action to dismiss, suspend,
reduce within class, temporarily reduce the pay
of, or demote an employee having permanent
status in a position in the merit system after
having complied with the Skelly requirements
where applicable, the appointing authority shall
make an order in writing stating specifically the
causes for the action.
b. Service of Order. Said order of dismissal,
suspension, reduction within class, temporary
reduction of 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,
reduced within class or demoted, either
personally or by certified mail to the
employee's last known mailing address. The
order shall be effective either upon personal
service or deposit in the U.S. Postal Service.
c. Employee Appeals from Order. The employee
may appeal an order of dismissal, suspension,
demotion, temporary reduction of pay, or
reduction within class either to the Merit Board
or through the procedures of Section 22 -
Grievance Procedure of this MOU provided
DAIA - 96 - 2008-2013 MOU
that such appeal is filed in writing with the
Human Resources Director within ten (10)
calendar days after service of said order. An
employee may not both appeal to the Merit
Board and file a grievance under Section 22 of
this MOU.
SECTION 22 - GRIEVANCE PROCEDURE
22.1 Definition. A grievance is any dispute which
involves the interpretation or application of any provision of
this MOU excluding, however, those provisions of this MOU
which specifically provide that the decision of any County
official shall be final, the interpretation or application of those
provisions not being subject to the grievance procedure. The
Association may represent the employee at any stage of the
process. Grievances must be filed within thirty (30) days of
the incident or occurrence about which the employee claims
to have a grievance and shall be processed in the following
manner:
Step 1. Any employee or group of employees who believes
that a provision of this MOU has been misinterpreted or
misapplied to his/her detriment shall discuss the complaint
with the employee's immediate supervisor, who shall meet
with the employee within five (5) days of receipt of a written
request to hold such meeting.
Step 2. If a grievance is not satisfactorily resolved in Step 1
above, the employee may submit the grievance in writing
within ten (10) work days to such management official as the
Department Head may designate. This formal written
grievance shall state which provision of the MOU has been
misinterpreted or misapplied, how misapplication or
misinterpretation has affected him /her to his/her detriment,
SECTION 22 - GRIEVANCE PROCEDURE
DAIA - 97 - 2008-2013 MOU
and the redress he/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/her
designee shall have ten (10) work days in which to respond
to the grievance in writing.
Step 3. If a grievance is not satisfactorily resolved in Step 2
above, the employee may appeal in writing within seven (7)
work days to the Human Resources Director. The Human
Resources Director or his/her designee shall have twenty
(20) work days in which to investigate the merit of the
complaint and to meet with the Department Head and the
employee and attempt to settle the grievance and respond in
writing.
Step 4. No grievance may be processed under this Step 4
which has not first been filed and investigated in accordance
with Step 3 above and filed within seven (7) work days of the
written response of the Human Resources Director or his/her
designee. If the parties are unable to reach a mutually
satisfactory accord on any grievance which arises and is
presented during the term of this MOU, such grievance shall
be submitted in writing within seven (7) work days to an
Adjustment Board comprised of three (3) Association
representatives, no more than two (2) of whom shall be
either an employee of the County or an elected or appointed
official of the Association presenting this grievance, and
three (3) representatives of the County, no more than two (2)
of whom shall be either an employee of the County or a
member of the staff or an organization employed to
represent the County in the meeting and conferring process.
The Adjustment Board shall meet and render a decision
within twenty (20) work days of receipt of the written request.
Step 5. If an Adjustment Board is unable to arrive at a
majority decision, either the employee (or the County, when
SECTION 22 - GRIEVANCE PROCEDURE
DAIA - 98 - 2008-2013 MOU
alleging a violation of Section 22.5) may require that the
grievance be referred to an impartial arbitrator who shall be
designated by mutual agreement between the employee and
the Human Resources Director. Such request shall be
submitted within twenty (20) work days of the rendering of
the Adjustment Board decision. Within twenty (20) days of
the request for arbitration the parties shall mutually select an
arbitrator. The fees and expenses of the arbitrator and of the
Court Reporter shall be shared equally by the employee and
the County. Each party, however, shall bear the costs of its
own presentation, including preparation and post hearing
briefs, if any.
22.2 Time Limits. The time limits specified above
may be waived by mutual agreement of the parties to the
grievance. If the County fails to meet the time limits specified
in steps 1 through 3 above, the grievance will automatically
move to the next step. If an employee fails to meet the time
limits specified in steps 1 through 4 above, the grievance will
be deemed to have been settled and withdrawn.
22.3 Notice. An official, with whom a formal
grievance is filed by a grievant who is included in a unit
represented by the Association, but is not represented by the
Association in the grievance, shall give the Association a
copy of the formal presentation.
22.4 Compensation Complaints. All complaints
involving or concerning the payment of compensation shall
be initially filed in writing with the Human Resources
Director. Only complaints which allege that employees are
not being compensated in accordance with the provisions of
this MOU shall be considered as grievances. Any other
matters of compensation are to be resolved in the meeting
and conferring process, if not detailed in the MOU which
results from such meeting and conferring pro cess shall be
SECTION 23 - RETIREMENT
DAIA - 99 - 2008-2013 MOU
deemed withdrawn until the meeting and conferring process
is next opened for such discussion. No adjustment shall be
retroactive for more than two (2) years from the date upon
which the complaint was filed.
No change in this MOU or interpretations thereof (except
interpretations resulting from Adjustment Board proceedings
hereunder) will be recognized unless agreed to by the
County and the Association.
22.5 Strike/Work Stoppage. During the term of this
MOU, the Association, its members and representatives,
agree that it and they will not engage in, authorize, sanction,
or support any strike, slowdown, stoppage of work, sickout,
or refuse to perform customary duties.
22.6 Merit Board.
a. All grievances of employees in representation
units represented by the Association shall be
processed under Section 22 unless the
employee elects to apply to the Merit Board on
matters within its jurisdiction.
b. No action under Step 3 and Step 4 of
Subsection 22.1 above shall be taken if action
on the complaint or grievance has been taken
by the Merit Board, or if the complaint or
grievance is pending before the Merit Board.
22.7 Filing by Association. The Association may
file a grievance at Step 3 on behalf of affected employees
when action by the County Administrator or the Board of
Supervisors violates a provision of this MOU.
SECTION 23 - RETIREMENT
SECTION 23 - RETIREMENT
DAIA - 100 - 2008-2013 MOU
23.1 Payment of Employee Contributions.
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 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.
23.2 Safety Employees Retirement – Tier A -
Employees Hired or Re-hired Before January 1, 2013.
For County employees hired or re-hired by the County
before January 1, 2013 who are safety members of
CCCERA, the retirement formula shall be “3 percent at 50.”
The cost of living adjustment (COLA) to the retirement
allowance shall not exceed three percent (3%) per year.
The employee’s final compensation shall be calculated
based on a twelve (12) month salary average. This
retirement benefit is known as Tier A. Effective July 1, 2012,
each such employee in Tier A shall pay three percent (3%)
of his/her retirement base to pay part of the employer’s
contribution for the cost of this retirement benefit.
“Retirement base” means base salary and other payments,
such as salary differential and flat rate pay allowance s, used
to compute retirement benefits.
23.3 Thirty (30) Year Employees. Effective February 1,
2007, an Association member with credit for more than 30
years of continuous service as a safety member shall not
SECTION 23 - RETIREMENT
DAIA - 101 - 2008-2013 MOU
make payments from his/her retirement base to pay part of
the employer’s contribution for the cost of Safety Tier A.
23.4 Safety Employees Retirement – Tier D -
Employees Hired or Re-Hired After December 31, 2012.
A. Retirement Benefit. For employees hired by the
County after December 31, 2012, and designated by
CCCERA as safety members, the retirement formula
will be three percent (3%) at fifty-five (55) years of
age. The cost of living adjustment to the retirement
allowance will not exceed two percent (2%) per year,
and the cost of living adjustment will be banked. The
employee's final compensation will be based on
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."
B. The disability provisions for Tier D will be the same as
the Tier A 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 D unless otherwise
required by law.
D. The County will seek enabling legislation amending
the County Employees Retirement Law of 1937 to
implement Tier D. The Association must support the
legislation, in addition to the County.
23.5 Re-opener – Election of Safety Retirement Tier D
by Employees Hired on or Before December 31, 2012. If
either the Internal Revenue Service issues guidance
acceptable to both parties, or the County receives a Private
Letter Ruling from the IRS that protects the County and
DAIA members hired prior to January 1, 2013 from additional
SECTION 24 - SAFETY
DAIA - 102 - 2008-2013 MOU
tax liability if these employees have the opportunity to elect
to enter new Safety Retiremen t Tier D, then the County and
the Association agree to reopen this agreement to meet and
confer on 1) the possibility of allowing these employees to
elect to enter Safety Retirement Tier D, 2) seeking State
Legislation to authorize these employees to make such an
election, and 3) the process by which these employees
would be able to elect to enter Safety Retirement Tier D if
the enabling legislation is enacted. Any changes to this
agreement in these subject matter areas will occur only upon
the written agreement of the parties.
SECTION 24 - SAFETY
The County shall expend every effort to see to it that the
work performed under the terms and conditions of this MOU
is performed with a maximum degree of safety consistent
with the requirement to conduct efficient operations.
SECTION 25 - MILEAGE
The mileage allowance for the 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.
SECTION 26 - 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
SECTION 27 - PROVISIONAL APPOINTMENT
DAIA - 103 - 2008-2013 MOU
occurred as a result of a mistake by the Auditor -Controller's
Department, it is the policy of the Auditor-Controller's
Department that the error will be corrected and a new
warrant issued within forty-eight (48) hours, exclusive of
Saturdays, Sundays and holidays from the time the
department is made aware of and verifies that the pay
warrant is in error.
Pay errors discovered by the County in employee pay shall
be corrected as soon as possible as to current pay r ate but
that no recovery of either overpayments or underpayments
to an employee shall be made retroactively except for the six
(6) month period immediately preceding discovery of the pay
error. This provision shall apply regardless of whether the
error was made by the employee, the appointing authority or
designee, the Director of Human Resources or designee, or
the Auditor-Controller or designee. Recovery of fraudulently
accrued over or underpayments are excluded from this
section for both parties.
SECTION 27 - PROVISIONAL APPOINTMENT
Whenever an appointing authority makes a request for
personnel to fill a position in a class for which no
reemployment or employment list is available, or in a class
for which no eligible or insufficient eligibles to complete the
certification will accept appointment to the position, the
Director of Human Resources may authorize the appointing
authority to appoint any person who possesses the minimum
qualifications for the class as set forth in the class
specifications, provided that the names of eligibles available
and the names of persons who have indicated their intention
to take the next examination for the class shall be referred to
the appointing authority at the time authorization is issued.
SECTION 28 - PERSONNEL FILES
DAIA - 104 - 2008-2013 MOU
In no case shall a permanent position be filled by a
provisional appointment for a period exceeding six (6)
calendar months except under the following conditions:
a. If an examination has been announced for the
class and recruitment of applicants is in
process, the Director of Human Resources
may authorize a continuation of provisional
appointments until an eligible list is
established.
b. In case of a provisional appointment to a
permanent position vacated by a leave of
absence, such provisional appointment may be
continued for the duration of said leave.
A provisional appointment shall be terminated within thirty
(30) days after the date of certification of eligibles from an
appropriate eligible list.
All decisions of the Director of Human Resources relative to
provisional appointments are final and not subject to the
grievance procedure.
Before filling a position by a provisional appointment, the
appointing authority shall post notice and shall consider
current qualified employees for the appointment. Only if
there are insufficient internal applicants to constitute a full
certification may the appointing authority consider applicants
from outside County service.
SECTION 28 - PERSONNEL FILES
SECTION 28 - PERSONNEL FILES
DAIA - 105 - 2008-2013 MOU
An employee shall have the right to inspect and review any
official record(s) relating to his/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 cont ents
of such records shall be made available to the employee for
inspection and review at reasonable intervals during the
regular business hours of the County.
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/she disagrees.
Such response shall become a permanent part of the
employee's personnel record. The employee shall be
responsible for providing the written responses to be
included as part of the employee's official personnel file. This
section does not apply to the records of an employee
relating to the investigation of a possible criminal offense,
medical records and information or letters of reference.
All documents pertaining to disciplinary actions shall be
placed in an official personnel file maintained by the Human
Resources Department or in an official personnel file
maintained by their department. 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, reduction
within class or demotion of the employee. Copies of letters of
commendation which are to be placed in the employee's
personnel file will be given to the employee. Employees
have the right to review their official personnel files which are
SECTION 29 - SERVICE AWARDS
DAIA - 106 - 2008-2013 MOU
maintained in the Human Resources Department or by their
department. In a case involving a grievance or disciplinary
action, the employee's designated representative may also
review his/her personnel file with specific written
authorization from the employee.
SECTION 29 - SERVICE AWARDS
The County shall continue its present policy with respect to
service awards including time off; provided, however, that
the type of award given shall be at the sol e discretion of the
County.
SECTION 30 - REIMBURSEMENT FOR MEAL EXPENSES
Employees shall be reimbursed for meal expenses under the
following circumstances and in the amount specified:
a. When the employee is required to be out of
his/her regular or normal work area during a
meal hour because of a particular work
assignment and with prior approval of the
Department Head or his/her designee.
b. When the employee is required to stay over to
attend consecutive or continuing afternoon and
night sessions of a Board or Commission.
c. When the employee is required to incur
expenses as host for official guests of the
County, work as members of examining
boards, official visitors, and speakers or
honored guests at banquets or other official
functions.
DAIA - 107 - 2008-2013 MOU
d. When the employee is required to work three
(3) or more hours of overtime; in this case
he/she may be reimbursed in accordance with
the Administrative Bulletin on Expense
Reimbursement.
Meal costs will be reimbursed only when eaten away from
home or away from the facility in the case of employees at
24-hour institutions.
Procedures and definitions relative to reimbursement for
meal expenses shall be in accordance with the
Administrative Bulletin on Expense Reimbursement.
SECTION 31 - COMPENSATION FOR LOSS OR DAMAGE
TO PERSONAL PROPERTY
The loss or damage to personal property of employees is
subject to reimbursement under the following conditions:
a. The loss or damage must result from an event
which is not normally encountered or
anticipated on the job and which is not subject
to the control of the employee.
b. Ordinary wear and tear of personal property
used on the job is not compensable.
c. Employee tools or equipment provided without
the express approval of the Department Head
and automobiles are excluded from
reimbursement.
d. The loss or damage must have occurred in the
line of duty.
SECTION 32 - UNFAIR LABOR PRACTICE
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e. The loss or damage was not a result of
negligence or lack of proper care by the
employee.
f. The personal property was necessarily worn or
carried by the employee in order to adequately
fulfill the duties and requirements of the job.
g. The loss or damage to an employee's dentures
or other prosthetic devices did not occur
simultaneously with a job connected injury
covered by workers' compensation.
h. The amount of reimbursement shall be limited
to the actual cost to repair damages.
Reimbursement for items damaged beyond
repair shall be limited to the actual value of the
item at the time of loss or damage but not more
than the original cost.
I. The burden of proof of loss rests with the
employee.
j. Claims for reimbursement must be processed
in accordance with the Administrative Bulletin
on Compensation for Loss or Damage to
Personal Property.
SECTION 32 - UNFAIR LABOR PRACTICE
Either the County or the Association ma y file an unfair labor
practice as defined in Chapter 34-22 of the Board of
Supervisors Resolution 81/1165 against the other.
Allegations of an unfair labor practice, if not resolved in
discussions between the parties, may be heard by a
mutually agreed upon impartial third party.
SECTION 33 - LENGTH OF SERVICE DEFINITION
(for service awards and vacation accruals)
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SECTION 33 - LENGTH OF SERVICE DEFINITION (for
service awards and vacation accruals)
The length of service credits of each employee of the County
shall date from the beginning of the last period of continuous
County employment (including temporary, provisional, and
permanent status, and absences on approved leave of
absence). When an employee separates from a permanent
position in good standing and within two (2) years is
reemployed in a permanent County position, or is
reemployed in a permanent County position from a layoff list
within the period of layoff eligibility, service credits shall
include all credits accumulated at time of separation, but
shall not include the period of separation. The Human
Resources Director shall determine these matters based on
the employee status records in the Human Resources
Department.
SECTION 34 - 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 35 - PERMANENT-INTERMITTENT EMPLOYEE
BENEFITS
SECTION 36 - PROVISIONAL EMPLOYEE
BENEFITS
DAIA - 110 - 2008-2013 MOU
Permanent-intermittent employees are eligible for prorated
vacation and sick leave benefits. See CalPERS health plan
regulations regarding medical information.
SECTION 36 - PROVISIONAL EMPLOYEE BENEFITS
Provisional employees, who are not permanent employees
of the County immediately prior to their provisional
appointment, are eligible for vacation and sick leave
benefits. See CalPERS health plan regulations regarding
medical information.
SECTION 37 - PROFESSIONAL REIMBURSEMENT
The County agrees to reimburse employees in the District
Attorney Investigators' Unit for actual cost of membership
dues in job-related professional associations, job-related
equipment, professional publications, training and softwa re
and hardware from a standardized County approved list
provided each employee in the District Attorney
Investigators' Unit complies with the provisions of the
Computer Use and Security Policy adopted by the Board of
Supervisors. Effective January 1, 2007 the maximum
amount will be increased to three-hundred dollars ($300) per
calendar year.
Reimbursement in the amount prescribed above will be
processed upon presentation of a verified receipt to the
Auditor-Controller's Office showing payment of annual
membership dues in job-related professional associations, or
purchase of job-related equipment, professional publications,
training or software and hardware and evidence of
supervisor approval.
SECTION 38 - SAFETY EQUIPMENT
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SECTION 38 - SAFETY EQUIPMENT
a. The County agrees to continue to provide
newly hired Inspectors with all required safety
equipment. Said equipment shall remain the
property of the County;
b. Safety equipment owned by the County
deemed unserviceable by the District Attorney
or his/her authorized representative shall be
turned over to the County and a replacement
shall be furnished by the District Attorney or
his/her authorized representative;
c. The provisions of this replacement program do
not apply to safety equipment damaged or
otherwise rendered unserviceable as a result
of employee negligence, subject to the
provisions of Section 3802 of the California
Labor Code;
d. The District Attorney or his/her designated
representative retains the right to render final
decisions on the serviceability of safety
equipment.
e. The District Attorney's Office will provide
District Attorney Inspectors and Senior District
Attorney Inspectors an appropriate "turn out"
jacket.
SECTION 39 - DEPENDENT CARE
SECTION 40 - BILINGUAL PAY
DAIA - 112 - 2008-2013 MOU
a. Dependent Care Information & Referral
Service. The County will administer an
Information & Referral Service through the
Contra Costa Child Care Council for the
duration of this MOU.
b. Dependent Care Salary Contribution. Subject
to the applicable provisions of the Internal
Revenue Service, employees may contribute
up to $5,000 each calendar year from their
salaries for approved dependent care; only
eligible employees may contribute for such
expenses; there is no County contribution for
dependent care.
Reimbursements are made on a monthly basis
subject to submission of itemized statements,
adequate accumulation of the salary
contribution, proof of payment, and applicable
County administrative procedures.
SECTION 40 - BILINGUAL PAY
A salary differential shall be paid incumbents of positions
requiring bilingual proficiency as designated by the
appointing authority and Director of Human Resources. The
differential shall be one hundred nine dollars ($109) per
month effective the first of the month following the month this
Memorandum of Understanding is adopted by the Board of
Supervisors. Said differential shall be paid to eligible
employees in paid status for any portion of a given month.
Designation of positions for which bilingual proficiency is
required is the sole prerogative of the County.
SECTION 41 - ADOPTION
DAIA - 113 - 2008-2013 MOU
If during the term of this MOU, the County increases the
Bilingual Pay for other bargaining units, the County will
extend that increase to the DAIA bargaining unit members.
The increase will be implemented on prospective basis only
and will not be subject to retroactivity.
SECTION 41 - 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 42 - SCOPE OF AGREEMENT &
SEPARABILITY OF PROVISION
42.1 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.
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.
42.2 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
SECTION 43 - PAST PRACTICES AND EXISTING
MEMORANDA OF UNDERSTANDING
DAIA - 114 - 2008-2013 MOU
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.
42.3 Personnel Management Regulations. Where
a specific provision contained in a section of this MOU
conflicts with a specific provision contained in a section of
the Personnel Management Regulations, the provision of
this MOU shall prevail. It is recognized, however, that certain
provisions of the Personnel Management Regulations m ay
be supplementary to the provisions of this MOU or deal with
matters not within the scope of representation and as such
remain in full force and effect.
42.4 Duration of Agreement. This agreement shall
continue in full force and effect from July 1, 2008 and ending
June 30, 2013. Said agreement shall automatically renew
from year to year thereafter unless either party gives written
notice to the other prior to sixty (60) days from the aforesaid
termination date of its intention to amend, modify or
terminate the agreement.
SECTION 43 - PAST PRACTICES AND EXISTING
MEMORANDA OF UNDERSTANDING
Continuance of working conditions and past practices not
specifically authorized by ordinance or by resolution of the
Board of Supervisors is not guaranteed by this MOU;
provided, however, that only during the term of this MOU
which expires June 30, 2008, the Association may claim a
violation of a past practice. If the Association can
demonstrate that such past practice exists by virtue of
having been acknowledged and agreed to by Management
SECTION 43 - PAST PRACTICES AND EXISTING
MEMORANDA OF UNDERSTANDING
DAIA - 115 - 2008-2013 MOU
and representatives of the Association or by employees
represented by the Association who reach agreement with
the Department Head on a specific policy covering a group
of employees such as a reassignment policy, the alleged
violation of said past practice will be subject to the grievance
procedure. Those practices which have been agreed to by
Management and not approved by the Department Head
must be confirmed and approved by the Department Head
within six (6) months from the below execution date of this
MOU in order to be considered a past practice pursuant to
this provision.
DATE: _________________________
CONTRA COSTA COUNTY DAIA
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