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SECTION 0 – BACKGROUND
PPOACCC 1 of 106 2011-2015
MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND THE
PROBATION PEACE OFFICERS ASSOCIATION
OF
CONTRA COSTA COUNTY
SECTION 0 – BACKGROUND
PPOACCC 2 of 106 2011-2015
SECTION 0 – BACKGROUND
0.1 Preamble. This Memorandum of Understanding (MOU) is entered into pursuant
to the authority contained in Division 34 of Board of Supervisors’ Resolution
81/1165 and has been jointly prepared by the parties. The Chief of Labor
Relations (County Administrator) is the representative of Contra Costa County in
employer-employee relations matters as provided in Board of Supervisors
Resolution 81/1165.
The parties have met and conferred in good faith regarding wages, hours and other
terms and conditions of employment for the employees in units in which the Association
is the recognized representative, have freely exchanged information, opinions and
proposals and have endeavored to reach agreement on all matters relating to the
employment conditions and employer-employee relations covering such employees.
This MOU shall be presented to the Contra Costa County Board of Supervisors, as the
governing board of the County and appropriate fire districts, as the joint
recommendations of the undersigned for salary and employee benefit adjustments for
the period commencing and ending as described in subsection 47.4. Special provisions
and restrictions pertaining to Project employees covered by this MOU are contained in
Attachment A which is attached hereto and made a part hereof.
SECTION 0 – BACKGROUND
PPOACCC 3 of 106 2011-2015
0.2 Definitions.
A. Appointing Authority: Department Head unless otherwise provided by statute
or ordinance.
B. Class: A group of positions sufficiently similar with respect to the duties and
responsibilities that similar selection procedures and qualifications may apply and
that the same descriptive title may be used to designate each position allocated
to the group.
C. Class Title: The designation given to a class, to each position allocated to the
class, and to the employees allocated to the class.
D. County: Contra Costa County.
E. Demotion: The change of a permanent employee to another position in a class
allocated to a salary range for which the top step is lower than the top step of the
class which the employee formerly occupied except as provided for under
Transfer or as otherwise provided for in this MOU, in the Personnel Management
Regulations, or in specific resolutions governing deep classes.
F. Director of Human Resources: The person designated by the County
Administrator to serve as the Assistant County Administrator-Director of Human
Resources.
G. Eligible: Any person whose name is on an employment or reemployment or
layoff list for a given class.
H. Employee: A person who is an incumbent of a position or who is on leave of
absence in accordance with provisions of this MOU and whose position is held
pending his return.
I. Employment List: A list of persons who have been found qualified for
employment in a specific class.
J. Layoff List: A list of persons who have occupied positions allocated to a class in
the Merit System and who have been involuntarily separated by layoff or
displacement or demoted by displacement, or have voluntarily demoted in lieu of
layoff or displacement, or have transferred in lieu of layoff or displacement.
K. Permanent-Intermittent Position: Any position which requires the services of
an incumbent for an indefinite period, but on an intermittent basis, as needed,
paid on an hourly basis.
SECTION 0 – BACKGROUND
PPOACCC 4 of 106 2011-2015
L. Permanent Part-Time Position: Any position which will require the services of
an incumbent for an indefinite period, but on a regularly scheduled less than full-
time basis.
M. Permanent Position: Any position which has required, or which will require the
services of an incumbent without interruption, for an indefinite period.
N. Project Employee: An employee who is engaged in a time limited program or
service by reason of limited or restricted funding. Such positions are typically
funded from outside sources but may be funded from County revenues.
O. Promotion: The change of a permanent employee to another position in a class
allocated to a salary range for which the top step is higher than the top step of the
class which the employee formerly occupied, except as provided for under
Transfer or as otherwise provided for in this MOU, in the Personnel Management
Regulations, or in specific resolutions governing deep classes.
P. Position: The assigned duties and responsibilities calling for the regular full-
time, part-time or intermittent employment of a person.
Q. Reallocation: The act of reassigning an individual position from one class to
another class at the same range of the salary schedule or to a class which is
allocated to another range that is within five percent (5%) of the top step, except
as otherwise provided for in the Personnel Management Regulations, deep class
resolutions or other ordinances.
R. Reclassification: The act of changing the allocation of a position by raising it to
a higher class or reducing it to a lower class on the basis of significant changes in
the kind, difficulty or responsibility of duties performed in such position.
S. Reemployment List: A list of persons who have occupied positions allocated to
any class in the merit system and who have voluntarily separated and are
qualified for consideration for reappointment under the Personnel Management
Regulations governing reemployment.
T. Resignation: The voluntary termination of permanent employment with the
County.
U. Temporary Employment: Any employment in the Merit System which will
require the services of an incumbent for a limited period of time, paid on an
hourly basis, not in an allocated position or in permanent status.
V. Transfer: The change of an employee who has permanent status in a position to
another position in the same class in a different department, or to another
position in a class which is allocated to a range on the salary plan that is within
five percent (5%) at top step as the class previously occupied by the employee.
SECTION 0 – BACKGROUND
PPOACCC 5 of 106 2011-2015
W. Association: Probation Peace Officers Association of Contra Costa County.
SECTION 1 - ASSOCIATION RECOGNITION
PPOACCC 6 of 106 2011-2015
SECTION 1 - ASSOCIATION RECOGNITION
The Association is the formally recognized employee organization for the Probation
Representation Unit certified pursuant to Board of Supervisors’ Resolution 81/1165.
SECTION 2 - ASSOCIATION SECURITY
2.1 Dues Deduction. Pursuant to Board of Supervisors’ Resolution 81/1165, only a
majority representative may have dues deduction and as such the Association
has the exclusive privilege of dues deduction or agency fee deduction for all
employees in its units.
2.2 Agency Shop.
A. The Association agrees that it has a duty to provide fair and non-discriminatory
representation to all employees in all classes in the units for which this section is
applicable regardless of whether they are members of the Association.
B. All employees employed in a representation unit on or after the effective date of
this MOU and continuing until the termination of the MOU, shall as a condition of
employment either:
1. Become and remain a member of the Association or;
2. Pay to the Association, an agency shop fee in an amount which does not
exceed an amount which may be lawfully collected under applicable
constitutional, statutory, and case law, which under no circumstances shall
exceed the monthly dues, initiation fees and general assessments made
during the duration of this MOU. It shall be the sole responsibility of the
Association to determine an agency shop fee which meets the above
criteria; or
3. Do both of the following:
a. Execute a written declaration that the employee is a member of a
bona fide religion, body or sect which has historically held a
conscientious objection to joining or financially supporting any public
employee organization as a condition of employment; and
b. Pay a sum equal to the agency shop fee described in subsection 2.2
(Agency Shop) paragraph B subparagraph 2 to a non-religious, non-
labor, charitable fund chosen by the employee from the following
charities: Family and Children's Trust Fund, Child Abuse Prevention
Council and Battered Women's Alternative.
SECTION 1 - ASSOCIATION RECOGNITION
PPOACCC 7 of 106 2011-2015
C. The Association shall provide the County with a copy of the Association's
Hudson Procedure for the determination and protest of its agency shop
fees. The Association shall provide a copy of said Hudson Procedure to
every fee payer covered by this MOU within one month from the date it is
approved and annually thereafter, and as a condition to any change in the
agency shop fee. Failure by an employee to invoke the Association's
Hudson Procedure within one month after actual notice of the Hudson
Procedure shall be a waiver by the employee of their right to contest the
amount of the agency shop fee.
D. The provisions of subsection 2.2 (Agency Shop) paragraph B subparagraph 2
shall not apply during periods that an employee is separated from the
representation unit but shall be reinstated upon the return of the employee to the
representation unit. The term separation includes transfer out of the unit, layoff,
and leave of absence with duration of more than thirty (30) days.
E. Annually, the Association shall provide the Director of Human Resources with
copies of the financial report which the Association annually files with the
California Public Employee Relations Board. Such report shall be available to
employees in the unit. Failure to file such a report within sixty (60) days after the
end of its fiscal year shall result in the termination of all agency shop fee
deductions without jeopardy to any employee, until said report is filed, and upon
mutual agreement, this time limit may be extended to one hundred twenty (120)
days.
F. Compliance.
1. An employee employed in or hired into a job class represented by the
Association shall be provided with an Employee Authorization for Payroll
Deduction card by the Human Resources Department.
2. If the form authorizing payroll deduction is not returned within thirty (30)
calendar days after notice of this agency shop fee provision and the
Association dues, agency shop fee, initiation fee or charitable contribution
required under subsection 2.2 (Agency Shop) paragraph B subparagraph
3 are not received, the Association may, in writing, direct that the County
withhold the agency shop fee and the initiation fee from the employee's
salary, in which case the employee's monthly salary shall be reduced by
an amount equal to the agency shop fee and the County shall pay an
equal amount to the Association.
G. The Association shall indemnify, defend, and save the County harmless against
any and all claims, demands, suits, orders, or judgments, or other forms of
liability that arise out of or by reason of this Association security section, or action
taken or not taken by the County under this Section. This includes, but is not
limited to, the County's attorneys' fees and costs. The provisions of this
SECTION 1 - ASSOCIATION RECOGNITION
PPOACCC 8 of 106 2011-2015
subsection shall not be subject to the grievance procedure following the adoption
of this MOU by the County Board of Supervisors.
H. The County Human Resources Department shall monthly furnish a list of all new
hires to the Association.
I. If employees in a bargaining unit represented by the Association vote to rescind
agency shop, the provisions of Subsections 2.4 (Maintenance of Membership)
and 2.5 (Withdrawal of Membership) shall apply to dues-paying members of the
Association.
2.3 Dues Form. Employees hired on or after October 1, 1981, in classifications
assigned to units represented by the Association shall, as a condition of employment,
complete a Association dues authorization card provided by the Association and shall
have deducted from their paychecks the membership dues of the Association. Said
employees shall have thirty (30) days from the date of hire to decide if he/she does not
want to become a member of the Association. Such decision not to become a member
of the Association must be made in writing to the Auditor-Controller with a copy to the
Labor Relations Service Unit within said thirty (30) day period. If the employee decides
not to become a member of the Association, any Association dues previously deducted
from the employee's paycheck shall be returned to the employee and said amount shall
be deducted from the next dues deduction check sent to the Association. If the
employee does not notify the County in writing of the decision not to become a member
within the thirty (30) day period, he/she shall be deemed to have voluntarily agreed to
pay the dues of the Association.
Each such dues authorization form referenced above shall include a statement that the
Association and the County have entered into a MOU, that the employee is required to
authorize payroll deductions of Association dues as a condition of employment, and that
such authorization may be revoked within the first thirty (30) days of employment upon
proper written notice by the employee within said thirty (30) day period as set forth
above. Each such employee shall, upon completion of the authorization form, receive a
copy of said authorization form which shall be deemed proper notice of his/her right to
revoke said authorization.
2.4 Maintenance of Membership. All employees in units represented by the
Association who are currently paying dues to the Association and all employees in such
units who hereafter become members of the Association shall as a condition of
continued employment pay dues to the Association for the duration of this MOU and
each year thereafter so long as the Association continues to represent the position to
which the employee is assigned, unless the employee has exercised the option to
cease paying dues in accordance with subsection 2.5 (Withdrawal of Membership).
SECTION 1 - ASSOCIATION RECOGNITION
PPOACCC 9 of 106 2011-2015
2.5 Withdrawal of Membership. By notifying the Auditor-Controller's Department in
writing, between April 1, 2011 and April 30, 2011, any employee may withdraw from
Association membership and discontinue paying dues as of the payroll period
commencing June 1, 2011 discontinuance of dues payments to then be reflected in the
July 10, 2011 paycheck. Immediately upon close of the above mentioned thirty (30) day
period the Auditor-Controller shall submit to the Association a list of the employees who
have rescinded their authorization for dues deduction. This can only be accomplished if
and when agency shop would be rescinded.
2.6 Communicating With Employees. The Association shall be allowed to use
designated portions of bulletin boards or display areas in public portions of County
buildings or in public portions of offices in which there are employees represented by
the Association, provided the communications displayed have to do with official
organization business such as times and places of meetings and further provided that
the employee organization appropriately posts and removes the information. The
department head reserves the right to remove objectionable materials after notification
to and discussion with the Association.
Representatives of the Association, not on County time, shall be permitted to place a
supply of employee literature at specific locations in County buildings if arranged
through the Department Head or designated representative; said representatives may
distribute employee organization literature in work areas (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.
SECTION 1 - ASSOCIATION RECOGNITION
PPOACCC 10 of 106 2011-2015
2.7 Use of County Buildings. The Association shall be allowed the use of areas
normally used for meeting purposes for meetings of County employees during non-work
hours when:
A. Such space is available.
B. There is no additional cost to the County.
C. It does not interfere with normal County operations.
D. Employees in attendance are not on duty and are not scheduled for duty.
E. The meetings are on matters within the scope of representation. The
administrative official responsible for the space shall establish and maintain
scheduling of such uses. The Association shall maintain proper order at the
meeting, and see that the space is left in a clean and orderly condition. The use
of County equipment (other than items normally used in the conduct of business
meetings, such as desks, chairs, ashtrays, and blackboards) is strictly prohibited,
even though it may be present in the meeting area.
2.8 Advance Notice. The Association shall, except in cases of emergency, have the
right to reasonable notice of any ordinance, rule, resolution or regulation directly relating
to matters within the scope of representation proposed to be adopted by the Board, or
boards and commissions appointed by the Board, and to meet with the body
considering the matter. The listing of an item on a public agenda, or the mailing of a
copy of a proposal at least seventy-two (72) hours before the item will be heard, or the
delivery of a copy of the proposal at least twenty-four (24) hours before the item will be
heard, shall constitute notice. In cases of emergency when the Board, or boards and
commissions appointed by the Board, determines it must act immediately without such
notice or meeting, it shall give notice and opportunity to meet as soon as practical after
its action.
2.9 Written Statement for New Employees. The County will provide a written
statement to each new employee hired into a classification in any of the bargaining units
represented by the Association, that the employee's classification is represented by the
Association and the name of a representative of the Association. The County will
provide the employee with a packet of information which has been supplied by the
Association and approved by the County. The County shall provide an opportunity for
the Association to make a fifteen (15) minute presentation at the end of the Human
Resources Department’s new employee orientation meetings.
SECTION 3 - NO DISCRIMINATION/AMERICANS WITH DISABILITIES
ACT (ADA)
PPOACCC 11 of 106 2011-2015
2.10 Assignment of Classes to Bargaining Units. The County shall assign new
classes in accordance with the following procedure:
A. Initial Determination. When a new class title is established, the Chief of Labor
Relations shall review the composition of existing representation units to
determine the appropriateness of including some or all of the employees in the
new class in one or more existing representation units, and within a reasonable
period of time shall notify all recognized employee organizations of his/her
determination.
B. Final Determination. The Chief of Labor Relations’ determination is final unless
within ten (10) days after notification a recognized employee organization
requests in writing to meet and confer thereon.
C. Meet and Confer and Other Steps. Upon request by an employee organization in
accordance with subsection 2.10, Assignment of Classes to Bargaining Units,
paragraph B above, the Chief of Labor Relations shall meet and confer with the
requesting organization(s), and with other recognized employee organizations
when appropriate, to seek agreement on this matter within sixty (60) days after
the ten (10) day period in subsection 2.10 (Assignment of Classes To Bargaining
Units) paragraph B, unless otherwise mutually agreed. Thereafter, the
procedures in cases of disagreement, arbitration referral and expenses, and
criteria for determination shall conform to Board of Supervisor's Resolution
81/1165.
SECTION 3 - NO DISCRIMINATION/AMERICANS WITH DISABILITIES ACT (ADA)
There shall be no discrimination because of sex, race, creed, color, national origin,
sexual orientation or Association activities against any employee or applicant for
employment by the County or by anyone employed by the County; and to the extent
prohibited by applicable State and Federal law there shall be no discrimination because
of age. There shall be no discrimination against any disabled person solely because of
such disability unless that disability prevents the person from meeting the minimum
standards established for the position or from carrying out the duties of the position
safely.
The Employer and the Association recognize that under the Americans With Disabilities
Act (“ADA”) the Employer has an obligation to reasonably accommodate disabled
employees. If because of that requirement the Employer contemplates actions to
reasonably accommodate an employee that conflict with any provision of this
Agreement, the County will advise the Association of such proposed accommodation.
Upon request, the County will meet and confer with the Association on the impact of
such accommodation.
SECTION 4 - SHOP STEWARDS & OFFICIAL REPRESENTATIVES
PPOACCC 12 of 106 2011-2015
If the County and the Association do not reach agreement, the County may implement
the accommodation if required by law without further negotiations. Nothing in this MOU
shall preclude the County from taking actions necessary to comply with the
requirements of ADA.
SECTION 4 - SHOP STEWARDS & OFFICIAL REPRESENTATIVES
4.1 Attendance at Meetings. Employees designated as shop stewards or official
representatives of the Association shall be allowed to attend meetings held by County
agencies during regular working hours on County time as follows:
A. If their attendance is required by the County at a specific meeting, including
meetings of the Board of Supervisors.
B. If their attendance is sought by a hearing body or presentation of testimony or
other reasons.
C. If their attendance is required for meetings scheduled at reasonable times
agreeable to all parties, required for settlement of grievances filed pursuant to
Section 23 (Grievance Procedure) of this MOU.
D. If they are designated as a shop steward, in which case they may utilize a
reasonable time at each level of the proceedings to assist an employee to
present a grievance provided the meetings are scheduled at reasonable times
agreeable to all parties.
E. If they are designated as spokesperson or representative of the Association and
as such make representations or presentations at meetings or hearings on
wages, salaries and working conditions; provided in each case advance
arrangements for time away from the employee's work station or assignment are
made with the appropriate department head, and the County agency calling the
meeting is responsible for determining that the attendance of the particular
employee(s) is required, including meetings of the Board of Supervisors and
Retirement Board where items which are within the scope of representation and
involving the Association are to be discussed.
F. Shop stewards and Association officials shall advise, as far in advance as
possible, their immediate supervisor, or his/her designee, of their intent to engage
in Association business. All arrangements for release time shall include the
location, the estimated time needed and the general nature of the Association
business involved (e.g. grievance meeting, Skelly hearing).
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4.2 Association-Sponsored Training Programs. The County shall provide a
maximum of forty-eight (48) hours per year of release time for Association designated
stewards or officers to attend Association-sponsored training programs. Time
authorized by the County for training creditable to STC training shall not be counted
towards this total. Verification regarding whether training is creditable will not be
determined until after the training is received and submitted for approval to the
Corrections Standards Authority (CSA). There will be no penalty for exceeding the cap
on training hours if the hours are determined to be non-creditable after the training is
received. Requests for release time shall be provided in writing to the Department and
the County Human Resources Department at least fifteen (15) days in advance of the
time requested. Department Heads will reasonably consider each request and notify
the affected employee whether such request is approved within one (1) week of receipt.
4.3 Association Representatives. Official representatives of the Association shall
be allowed time off on County time for meetings during regular working hours when
formally meeting and conferring in good faith or consulting with the Chief of Labor
Relations or designee or other management representatives on matters within the
scope of representation, provided that the number of such representatives shall not
exceed two (2) without prior approval of the Labor Relations Officer, and that advance
arrangements for the time away from the work station or assignment are made with the
appropriate Department Head.
SECTION 5 - SALARIES
5.1 General Wages.
A. Effective on July 1, 2012, the base rate of pay for all classifications represented
by the Probation Peace Officers Association of Contra Costa County will be
reduced by three and 25/100 percent (3.25%).
B. Longevity Pay.
1. Employees at ten (10) years of County service shall receive a two and
one-half percent (2.5%) longevity pay differential.
2. Effective July 1, 2012, permanent, full-time and part-time employees who
have completed fifteen (15) years of Contra Costa County service will
receive a two percent (2%) longevity differential effective on the first day of
the month following the month in which the employee qualifies for the
fifteen (15) year service award. For those employees who completed
fifteen (15) years of service on or before July 1, 2012, this longevity
differential will be paid prospectively only from July 1, 2012.
3. Effective July 1, 2012, permanent, full-time and part-time employees who
SECTION 5 - SALARIES
PPOACCC 14 of 106 2011-2015
have completed twenty (20) years of Contra Costa County service will
receive a two percent (2%) longevity differential effective on the first day of
the month following the month in which the employee qualifies for the
twenty (20) year service award. For those employees who completed
twenty (20) years of service on or before July 1, 2012, this longevity
differential will be paid prospectively only from July 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 if mutually agreeable guidelines have been
developed in advance or the Director of Human Resources (or designee) offers to meet
confer with the Association on a case by case basis each time prior to formalizing the
appointment.
5.3 Anniversary Dates. Anniversary dates will be set as follows:
A. New Employees. The anniversary date of a new employee is the first day of the
calendar month after the calendar month when the employee successfully
completes six (6) months service provided however, if an employee began work
on the first regularly scheduled workday of the month the anniversary date is the
first day of the calendar month when the employee successfully completes six (6)
months service.
B. Promotions. The anniversary date of a promoted employee is determined as for
a new employee in subsection 5.3 (Anniversary Dates) Paragraph A (New
Employees) above.
C. Demotions. The anniversary of a demoted employee is the first day of the
calendar month after the calendar month when the demotion was effective.
D. Transfer, Reallocation & Reclassification. The anniversary date of an employee
who is transferred to another position or one whose position has been reallocated
or reclassified to a class allocated to the same salary range or to a salary range
which is within five percent (5%) of the top step of the previous classification,
remains unchanged.
E. Reemployment. The anniversary of an employee appointed from a
reemployment list to the first step of the applicable salary range and not required
to serve a probation period is determined in the same way as the anniversary
date is determined for a new employee who is appointed the same date,
classification and step and who then successfully completes the required
probationary period.
F. Notwithstanding other provisions of this Section 5 (Salaries), the anniversary date
of an employee who is appointed to a classified position from outside the
SECTION 5 - SALARIES
PPOACCC 15 of 106 2011-2015
County's merit system at a rate above the minimum salary for the employee's
new class, or who is transferred from another governmental entity to this
County's merit system, is one (1) year from the first day of the calendar month
after the calendar month when the employee was appointed or transferred;
provided however, when the appointment or transfer is effective on the
employee's first regularly scheduled work day of that month, his/her anniversary
date is one (1) year after the first calendar day of that month.
5.4 Steps Within Range. The performance of each employee, except those of
employees already at the maximum salary step of the appropriate salary range, shall be
reviewed on the anniversary date as set forth in subsection 5.3 (Anniversary Dates) to
determine whether the salary of the employee shall be advanced to the next higher step
in the salary range. Advancement shall be granted on the affirmative recommendation
of the appointing authority, based on satisfactory performance by the employee. The
appointing authority may recommend denial of the step or denial of the step subject to
one additional review at a specified later date that falls before the employee’s next
anniversary. Such later date must be established when the original recommendation is
returned to the employee. Except as provided herein, steps within range shall not be
granted more frequently than once a year, nor shall more than one (1) step within range
be granted at one time. If the appointing authority recommends denial of the within
range step advancement on the employee’s anniversary date, but recommends a
special salary review at a later date before the employee’s next anniversary date, the
special salary review shall not affect the regular salary review on the employee’s next
anniversary date. Nothing herein shall be construed to mandate that the County grant
step advancement. If the employee’s department attests in writing that it made an
administrative or clerical error by failing to submit the documents needed to advance an
employee to the next salary step on the first of the month when the employee was
eligible for the advancement, said advancement shall take effect retroactive and
including the first of the month in which the employee was first eligible for the
advancement.
5.5 Part-Time Compensation. A part-time employee shall be paid a monthly salary
in the same ratio to the full-time monthly rate to which the employee would be entitled
as a fulltime employee under the provisions of this Section 5 (Salaries), as the number
of hours per week in the employee's part-time work schedule bears to the number of
hours in the full-time work schedule of the department.
5.6 Compensation for Portion of Month. Any employee who works less than any
full calendar month, except when on earned vacation or authorized sick leave, shall
receive as compensation for services an amount which is in the same ratio to the
established monthly rate as the number of days worked is to the actual working days in
such employee's normal work schedule for the particular month; but if the employment
is intermittent, compensation shall be on an hourly basis.
SECTION 5 - SALARIES
PPOACCC 16 of 106 2011-2015
5.7 Position Reclassification. An employee who is an incumbent of a position
which is reclassified to a class which is allocated to the same range of the basic salary
schedule as is the class of the position before it was reclassified, shall be paid at the
same step of the range as the employee received under the previous classification.
An incumbent of a position which is reclassified to a class which is allocated to a lower
range of the basic salary schedule shall continue to receive the same salary as before
the reclassification, but if such salary is greater than the maximum of the range of the
class to which the position has been reclassified, the salary of the incumbent shall be
reduced to the maximum salary for the new classification. The salary of an incumbent
of a position which is reclassified to a class which is allocated to a range of the basic
salary schedule greater than the range of the class of the position before it was
reclassified shall be governed by the provisions of subsection 5.9 (Salary on
Promotion).
5.8 Salary Reallocation & Salary on Reallocation.
A. In a general salary increase or decrease, an employee in a class which is
reallocated to a salary range above or below that to which it was previously
allocated, when the number of steps remain the same, shall be compensated at
the same step in the new salary range the employee was receiving in the range
to which the class was previously allocated. If the reallocation is from one salary
range with more steps to a range with fewer steps or vice versa, the employee
shall be compensated at the step on the new range which is in the same
percentage ratio to the top step of the new range as was the salary received
before reallocation to the top step of the old range, but in no case shall any
employee be compensated at less than the first step of the range to which the
class is allocated.
B. If a classification is reallocated from a salary range with more steps to a salary
range with fewer steps on the salary schedule, apart from the general salary
increase or decrease described in subsection 5.8 (Salary Reallocation & Salary
on Reallocation) paragraph A, each incumbent of a position in the reallocated
class shall be placed upon the step of the new range which equals the rate of pay
received before the reallocation. If the steps in the new range do not contain the
same rates as the old range, each incumbent shall be placed at the step of the
new range which is next above the salary rate received in the old range, or if the
new range does not contain a higher step, at the step which is next lower than
the salary received in the old range.
C. If an employee is in a position which is reallocated to a different class allocated to
a salary range the same as above or below the salary range of the employee's
previous class, the incumbent shall be placed at the step in the new class which
equals the rate of pay received before reallocation. If the steps in the range for
the new class do not contain the same rates as the range for the old class, the
incumbent shall be placed at the step of the new range which is next above the
SECTION 5 - SALARIES
PPOACCC 17 of 106 2011-2015
salary rate received in the old range; or if the new range does not contain a
higher step, the incumbent shall be placed at the step which is next lower than
the salary.
5.9 Salary on Promotion. Any employee who is appointed to a position of a class
allocated to a higher salary range than the class previously occupied, except as
provided under Section 5.12 (Pay for Work in a Higher Classification), shall receive the
salary in the new salary range which is next higher than the rate received before
promotion. If this increase is less than five percent (5%), the employee's salary shall be
adjusted to the step in the new range which is at least five percent (5%) greater than the
next higher step; provided however that the next step shall not exceed the maximum
salary for the higher class. Upon appointment of a laid off employee from the layoff list
to the class from which the employee was laid off, the employee shall be appointed at
the step which the employee had formerly attained in the higher class unless such step
results in a decrease in which case the employee is appointed to the next higher step.
If, however, the employee is being appointed into a class allocated to a higher salary
range than the class from which the employee was laid off, salary will be calculated
from the highest step the employee achieved prior to layoff, or from the employee’s
current step, whichever is higher.
5.10 Salary on Involuntary Demotion. Any employee who is demoted, except as
provided under subsection 5.11 (Salary on Voluntary Demotion), shall have his/her
salary reduced to the monthly salary step in the range for the class of position to which
he/she has been demoted next lower than the salary received before demotion. If this
decrease is less than five percent (5%), the employee's salary shall be adjusted to the
step in the new range which is five percent (5%) less than the next lower step; provided,
however, that the next step shall not be less than the minimum salary for the lower
class. Whenever the demotion is the result of layoff, cancellation of positions or
displacement by another employee with greater seniority rights, the salary of the
demoted employee shall be that step on the salary range which he/she would have
achieved had he/she been continuously in the position to which he/she has been
demoted, all within-range increments having been granted.
5.11 Salary on Voluntary Demotion. Whenever any employee voluntarily demotes
to a position in a class having a salary schedule lower than that of the class from which
he or she demotes, his or her salary shall remain the same if the steps in his or her new
(demoted) salary range permit, and if not, the new salary shall be set at the step next
below former salary.
5.12 Pay for Work in Higher Classification. When an employee in a permanent
position in the merit system is required to work in a classification for which the
compensation is greater than that to which the employee is regularly assigned, the
employee shall receive compensation for such work at the rate of pay established for
the higher classification pursuant to subsection 5.9 (Salary on Promotion) of this
Memorandum of Understanding, at the start of the second full day in the assignment,
SECTION 5 - SALARIES
PPOACCC 18 of 106 2011-2015
under the following conditions. Payment shall be made retroactive after completing the
first forty (40) consecutive hours worked in the higher classification.
A. When an employee is assigned to a program, service or activity established by
the Board of Supervisors which is reflected in an authorized position which has
been classified and assigned to the Salary Schedule.
B. The nature of the departmental assignment is such that the employee in the
lower classification performs a majority of the duties and responsibilities of the
position of the higher classification.
C. Employee selected for the assignment will normally be expected to meet the
minimum qualifications for the higher classification.
D. The County shall make reasonable efforts to offer out of class assignments to all
interested employees on a voluntary basis. Pay for work in a higher classification
shall not be utilized as a promotional procedure provided in this Memorandum of
Understanding.
E. Higher pay assignments shall not exceed six (6) months except through
reauthorization.
F. If approval is granted for pay for work in a higher classification and the
assignment is terminated and later re-approved for the same employee within
one hundred eighty days (180) no additional waiting period will be required.
G. Any incentives (e.g., the education incentive) and special differentials (e.g.,
bilingual differential) accruing to the employee in his/her permanent position shall
continue.
H. During the period of work for higher pay in a higher classification, an employee
will retain his/her permanent classification, and anniversary and salary review
dates will be determined by time in that classification; except that if the period of
work for higher pay in a higher classification exceeds one year continuous
employment, the employee, upon satisfactory performance in the higher
classification, shall be eligible for a salary review in that class on his/her next
anniversary date. Notwithstanding any other salary regulations, the salary step
placement of employees appointed to the higher class immediately following
termination of the assignment, shall remain unchanged.
I. Allowable overtime pay, shift differentials and/or work location differentials will be
paid on the basis of the rate of pay for the higher class.
5.13 Lead Probation Counselor. Permanent Probation Counselors in County
juvenile institutions and treatment programs will receive seven and one-half percent
(7.5%) differential premium pay when assigned as "Lead Counselor" for the assigned
SECTION 5 - SALARIES
PPOACCC 19 of 106 2011-2015
shift or for the duration of the "Lead Counselor" assignment, when replacing the
Building Supervisor (Institutional Supervisor II) at Juvenile Hall and when replacing
Institutional Supervisor I's at Orin Allen Youth Rehabilitation Facility. Permanent
Probation Counselors assigned Lead Counselor duties and responsibilities will receive
this monetary compensation for hours worked. To receive this compensation, Lead
Counselors must work the assigned shift and provide direction for one or more co-
workers. Facility administrators have the sole responsibility for selecting and assigning
Lead Counselors. The selection process shall include an assessment of experience,
skills, leadership abilities, seniority, and the needs of the unit or facility among other
considerations. The assignment may apply to Probation Counselors I, II and III
depending on the above criteria when the supervisor designates the "Lead Counselor."
The selection and assignment of Probation Counselors in accordance with the above
criteria is not grievable.
5.14 Payment. On the tenth (10th) day of each month, the Auditor will draw a warrant
upon the Treasurer in favor of each employee for the amount of salary due the
employee for the preceding month; provided however, that each employee (except
those paid on an hourly rate) may choose to receive an advance on the employee's
monthly salary, in which case the Auditor shall, on the twenty-fifth (25th) day of each
month, draw his/her warrant upon the Treasurer in favor of such employee. The
advance shall be in an amount equal to one-third (1/3) or less (at the option of the
employee) of the employee's basic salary of the previous month except that it shall not
exceed the amount of the previous month's basic salary less all requested or required
deductions. The election to receive the advance shall be made on the prescribed form
(form M-208, revised 5/81) and submitted by the fifteenth (15th) of the month to the
department payroll clerk who will forward the card with the Salary Advance
Transmittal/Deviation Report to the Auditor-Controller (Payroll Section). Such an
election would be effective in the month of the submission and would remain effective
until revoked. In the case of an election made pursuant to this Section 5.14, (Payment),
all required or requested deductions from salary shall be taken from the second
installment, which is payable on the tenth (10th) day of the following month.
5.15 Special Benefit for Permanent Employees Hired on and after January
1, 2011:
A. Beginning on April 1, 2011 and for the term of this resolution, the County
will contribute one hundred and fifty dollars ($150) per month to an
employee’s account in the Contra Costa County Deferred Compensation
Plan, or other tax-qualified savings program designated by the County, for
employees who meet all of the following conditions:
1. The employee must be hired by Contra Costa County on or after
January 1, 2011.
SECTION 6 - DAYS AND HOURS OF WORK
PPOACCC 20 of 106 2011-2015
2. The employee must be appointed to a permanent position. The
position may be either full time or part time, but if it is part time, it
must be designated, at a minimum, as 20 hours per week.
3. The employee must have been employed by Contra Costa County
for at least 90 calendar days.
4. The employee must contribute a minimum of twenty-five dollars
($25) per month to the Contra Costa County Deferred
Compensation Plan, or other tax-qualified savings program
designated by the County.
5. The employee must complete and sign the required enrollment
form(s) for his/her deferred compensation account and submit those
forms to the Human Resources Department, Employee Benefits
Services Unit.
6. The employee may not exceed the annual maximum contribution
amount allowable by the United States Internal Revenue Code.
B. No Cross Crediting: The amounts contributed by the employee and the
County pursuant to Subsection A do not count towards the “Qualifying
Base Contribution Amount” or the “Monthly Contribution Required to
Maintain Incentive Program Eligibility” in Subsection A. Similarly, the
amounts contributed by the employee and the County pursuant to
Subsection A do not count towards the employee’s $25 per month
minimum contribution required by Subsection B.
C. Maximum Annual Contribution: All of the employee and County
contributions set forth in Subsection A will be added together to ensure that
the annual maximum contribution to the employee’s deferred compensation
account does not exceed the annual maximum contribution rate set forth in
the United States Internal Revenue Code.
SECTION 6 - DAYS AND HOURS OF WORK
This section will take effect upon adoption of this MOU by the Board of Supervisors and
signing by the Parties.
6.1 Definitions.
A. Regular Work Schedule: A regular work schedule is eight (8) hours per day,
Monday through Friday, inclusive, for a total of forty (40) hours per week.
SECTION 6 - DAYS AND HOURS OF WORK
PPOACCC 21 of 106 2011-2015
B. Alternate Work Schedule: An alternate work schedule is any work schedule
where an employee is regularly scheduled to work five (5) days per week, but the
employee’s regularly scheduled two (2) days off are NOT Saturday and Sunday.
C. Flexible Work Schedule: A flexible work schedule is any schedule that is not a
regular, alternate, 9/80, or 4/10 work schedule and where the employee is not
scheduled to work more than forty (40) hours in the “workweek” as defined in
subsection F below.
D. 4/10 Work Schedule: A 4/10 work schedule is four (4) ten hour days in a seven
(7) day period, for a total of forty (40) hours per week.
E. 9/80 Work Schedule: A 9/80 work schedule is where an employee works a
recurring schedule of thirty six (36) hours in one calendar week and forty four
(44) hours in the next calendar week, but only forty (40) hours in the designated
workweek. In the thirty six (36) hour calendar week, the employee works four (4)
nine (9) hour days and has the same day of the week off that is worked for eight
(8) hours in the forty four (44) hour calendar week. In the forty four (44) hour
calendar week, the employee works four (4) nine (9) hour days and one (1) eight
(8) hour day.
F. Workweek for Employees on Regular, Alternate, and 4/10 Work Schedules:
For employees on regular, flexible, alternate, and 4/10 work schedules, the
workweek begins at 12:01 a.m. on Monday and ends at 12 midnight on Sunday.
G. Workweek for Employees on a 9/80 Work Schedule: The 9/80 workweek
begins on the same day of the week as the employee’s eight (8) hour work day
and regularly scheduled 9/80 day off. The start time of the workweek is four (4)
hours and one (1) minute after the start time of the eight (8) hour workday. The
end time of the workweek is four (4) hours after the eight (8) hour workday start
time. The result is a workweek that is a fixed and regularly recurring period of
seven (7) consecutive twenty four (24) hour periods (168 hours).
6.2 4/10 Shifts.
A. If the County wants to eliminate any existing 4/10 shift and substitute a 5/8 shift
or to institute a 4/10 shift which does not allow for three (3) consecutive days off
(excluding overtime days or a change of shift assignment), or change existing
work schedules or existing hours of work, it will meet and confer with the
Association prior to implementing said new shift or hours change. This obligation
does not apply where there is an existing system for reassigning employees to
different shifts or different starting/stopping times. Nothing herein prohibits
affected employees and their supervisor from mutually agreeing on a change in
existing hours of work provided other employees are not adversely impacted.
SECTION 7 - OVERTIME AND COMPENSATORY TIME
PPOACCC 22 of 106 2011-2015
B. Individual Deputy Probation Officers currently on a 4/10 schedule may remain on
said schedule for the duration of the MOU except when a change to a 5/8
schedule is mutually agreed upon between the employee and their immediate
supervisor. However, as positions vacate, the Probation Department reserves
the prerogative to change the assignment to a 5/8 work schedule before refilling
it. Nothing herein precludes supervisors from recommending that vacated 4/10
positions be retained.
SECTION 7 - OVERTIME AND COMPENSATORY TIME
7.1 Overtime.
A. Overtime is any authorized work performed in excess of forty (40) hours per week
or eight (8) hours per day. Overtime for 4/10 shift employees is any work
performed beyond ten (10) hours per day or forty (40) hours per week. All
overtime shall be compensated for at the rate of one and one-half (1-1/2) times
the employee's base rate of pay (not including shift and other special
differentials). Overtime for permanent employees is earned and credited in a
minimum of one-tenth (1/10) hour increments and is compensated by either pay
or compensatory time off.
7.2 Compensatory Time. The following provisions shall apply:
A. Employees may periodically elect to accrue compensatory time off in lieu of
overtime pay. Eligible employees must notify their Department Head or his or her
designee of their intention to accrue compensatory time off or to receive overtime
pay at least thirty (30) days in advance of the change.
B. The names of those employees electing to accrue compensatory time off shall be
placed on a list maintained by the Department. Employees who become eligible
(i.e., newly hired employees, employees promoting, demoting, etc.) for
compensatory time off in accordance with these guidelines must elect to accrue
compensatory time or they will be paid for authorized overtime hours worked.
C. Compensatory time off shall be accrued at the rate of one and one-half (1-1/2)
times the actual authorized overtime hours worked by the employee.
D. Employees may not accrue a compensatory time off balance that exceeds one
hundred twenty (120) hours (i.e., eighty [80] hours at time and one-half). Once
the maximum balance has been attained, authorized overtime hours will be paid
at the overtime rate. If the employee's balance falls below one hundred twenty
(120) hours, the employee shall again accrue compensatory time off for
authorized overtime hours worked until the employee's balance again reaches
one hundred twenty (120) hours.
SECTION 7 - OVERTIME AND COMPENSATORY TIME
PPOACCC 23 of 106 2011-2015
E. Accrued compensatory time off shall be carried over for use in the next fiscal
year; however, as provided in d above, accrued compensatory time off balances
may not exceed one hundred twenty (120) hours.
F. The use of accrued compensatory time off shall be by mutual agreement
between the Department Head or his/her designee and the employee.
Compensatory time off shall not be taken when the employee should be replaced
by another employee who would be eligible to receive, for time worked, either
overtime payment or compensatory time accruals as provided for in this Section
7.2 (Compensatory Time). This provision may be waived at the discretion of the
Department Head or his or her designee.
G. When an employee promotes, demotes, or transfers from one classification
eligible for compensatory time off to another classification eligible for
compensatory time off within the same department, the employee's accrued
compensatory time off balance will be carried forward with the employee.
H. Compensatory time accrual balances will be paid off when an employee moves
from one department to another through promotion, demotion or transfer. Said
payoff will be made in accordance with the provisions and salary of the class from
which the employee is promoting, demoting or transferring as set forth in
subsection 7.2 (Compensatory Time) paragraph I below.
I. Since employees accrue compensatory time off at the rate of one and one-half
(1-1/2) hours for each hour of authorized overtime worked, they shall be paid
their accrued hours of compensatory time at the straight time rate of pay
whenever:
1. The employee changes status and is no longer eligible for compensatory
time off.
2. The employee promotes, demotes or transfers to another department.
3. The employee separates from County service.
4. The employee retires.
J. The Office of the County Auditor-Controller will establish timekeeping procedures
to administer this Section 7 (Overtime and Compensatory Time).
SECTION 8 - CALL BACK TIME
Any employee who is called back to duty shall be paid at the appropriate rate for the
actual time worked plus one (1) hour. Such employee called back shall be paid a
minimum of two (2) hours at the appropriate rate for each call back.
SECTION 10 - WORKFORCE REDUCTION/LAYOFF/REASSIGNMENT
PPOACCC 24 of 106 2011-2015
SECTION 9 - SHIFT DIFFERENTIAL
In the hours which qualify for shift differential, employees shall receive five percent (5%)
above their base salary rate. To qualify for shift differential, an employee must have a
regularly assigned daily work schedule which requires:
A. Completion of more than one and one-half (1-1/2) hours over the normal actual
working time; or
B. At least four (4) hours of actual working time from 5:00 p.m. through 9:00 a.m.
inclusive. However, employees who have been regularly working a shift
qualifying for shift differential immediately preceding the commencement of a
vacation, paid sick leave period, paid disability or other paid leave, will have shift
differential included in computing the pay for their leave. The paid leave of an
employee who is on a rotating shift schedule shall include the shift differential that
would have been received had the employee worked the shift for which the
employee was scheduled during such period. Shift differential shall only be paid
during paid sick leave and paid disability as provided above for the first thirty (30)
calendar days of each absence.
SECTION 10 - WORKFORCE REDUCTION/LAYOFF/REASSIGNMENT
10.1 Workforce Reduction. If funding reductions or shortfalls in funding occur in a
department or are expected, which may result in layoffs, the department will notify the
Association and take the following actions:
A. Identify the classification(s) in which position reductions may be required due to
funding reductions or shortfalls.
B. Advise employees in those classifications that position reductions may occur in
their classifications.
C. Accept voluntary leaves of absence from employees in those classifications
which do not appear to be potentially impacted by possible position reductions
when such leaves can be accommodated by the department.
D. Consider employee requests to reduce their position hours from full-time to part-
time to alleviate the impact of the potential layoffs.
E. Approve requests for reduction in hours, lateral transfers, and voluntary
demotions to vacant, funded positions in classes not scheduled for layoffs within
the department, as well as to other departments not experiencing funding
reductions or shortfalls when it is a viable operational alternative for the
department(s).
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PPOACCC 25 of 106 2011-2015
F. Review various alternatives which will help mitigate the impact of the layoff by
working through the Tactical Employment Team (TET) program to:
1. Maintain an employee skills inventory bank to be used as a basis for
referrals to other employment opportunities.
2. Determine if there are other positions to which employees may be
transferred.
3. Refer interested persons to vacancies which occur in other job classes for
which they qualify and can use their layoff eligibility.
4. Establish workshops to aid laid off employees in areas such as resume
preparation, alternate career counseling, job search strategy, and
interviewing skills.
G. When it appears to the Department Head and/or Chief of Labor Relations (or
designee) that the Board of Supervisors may take action which will result in the
layoff of employees in the Probation representation unit, the Chief of Labor
Relations (or designee) shall notify the Association of the possibility of such
layoffs and shall meet and confer with the Association regarding the
implementation of the action.
10.2 Separation Through Layoff.
A. Grounds for Layoff. Any employee(s) having permanent status in position(s) in
the merit service may be laid off when the position is no longer necessary, or for
reasons of economy, lack of work, lack of funds or for such other reason(s) as the
Board of Supervisors deems sufficient for abolishing the position(s).
B. Order of Layoff. The order of layoff in a department shall be based on inverse
seniority in the class of positions, the employee in that department with least
seniority being laid off first and so on.
C. Layoff By Displacement.
1. In the Same Class. A laid off permanent full-time employee may displace
an employee in the department having less seniority in the same class
who occupies permanent intermittent or permanent part-time position, the
least senior employee being displaced first.
2. In the Same Level or Lower Class. A laid off or displaced employee who
had achieved permanent status in a class at the same or lower salary level
as determined by the salary schedule in effect at the time of layoff may
displace within the department and in the class an employee having less
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PPOACCC 26 of 106 2011-2015
seniority; the least senior employee being displaced first, and so on with
senior displaced employees displacing junior employees.
D. Particular Rules on Displacing.
1. Permanent-intermittent and permanent part-time employees may displace
only employees holding permanent positions of the same type
respectively.
2. A permanent full-time employee may displace any intermittent or part-time
employee with less seniority
a. In the same class as provided in Section 10.2 (Separation Through
Layoff) paragraph C subparagraph 1 (In the Same Class) or,
b. In a class of the same or lower salary level as provided in Section
10.2 (Separation Through Layoff) paragraph C subparagraph 2 (In
the Same Level or Lower Class), if no fulltime employee in a class
at the same or lower salary level has less seniority than the
displacing employees.
3. Former permanent full-time employees who have voluntarily become
permanent part time employees for the purpose of reducing the impact of a
proposed layoff with the written approval of the Director of Human
Resources or designee retain their permanent full-time employee seniority
rights for layoff purposes only and may in a later layoff displace a full-time
employee with less seniority as provided in these rules.
E. Seniority.
1. An employee's seniority within a class for layoff and displacement
purposes shall be determined by adding the employee's length of service
in the particular class in question to the employee's length of service in
other classes at the same or higher salary levels as determined by the
salary schedule in effect at the time of layoff. Employees reallocated or
transferred without examination from one class to another class having a
salary within five percent of the former class, shall carry the seniority
accrued in the former class into the new class. Service for layoff and
displacement purposes includes only the employee's last continuous
permanent County employment. Periods of separation may not be bridged
to extend such service unless the separation is a result of layoff in which
case bridging will be authorized if the employee is reemployed in a
permanent position within the employee's layoff eligibility. Approved
leaves of absence as provided for in these rules and regulations shall not
constitute a period of separation. In the event of ties in seniority rights in
the particular class in question, such ties shall be broken by length of last
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PPOACCC 27 of 106 2011-2015
continuous permanent County employment. If there remain ties in
seniority rights, such ties shall be broken by counting total time in the
department in permanent employment. Any remaining ties shall be broken
by random selection among the employees involved.
2. Seniority for layoffs, pursuant to this Section 10 (Workforce Reduction/
Layoff/Reassignment) and subsection 20.5 (Reassignment Due to Layoff
or Displacement) shall be based on series seniority rather than
classification seniority. The Probation Counselor series includes Probation
Counselor I, Probation Counselor II, and Probation Counselor III. The
Deputy Probation Officer series includes Deputy Probation Officer I,
Deputy Probation Officer II, and Deputy Probation Officer III. An
employee’s seniority within a series for layoff, displacement and
reassignment purposes under subsection 19.6 (Seniority Credit) shall be
determined by adding the employee’s length of service in the particular
series in which the employee currently holds a position, to the employee’s
length of service in other classes at the same or higher salary levels as
determined by the salary schedule in effect at the time of the layoff.
F. Eligibility for Layoff List. Whenever any person who has permanent status is laid
off, has been displaced, has been demoted by displacement or as voluntarily
demoted in lieu of layoff or displacement, or has transferred in lieu of layoff or
displacement, the person's name shall be placed on the Layoff List for the class
of positions from which that person has been removed.
G. Order of Names on Layoff. First, layoff lists shall contain the names of persons
laid off, displaced, or demoted because of a layoff or displacement, or who have
voluntarily demoted or transferred in lieu of layoff or displacement. Names shall
be listed in order of layoff seniority in the class from which laid off, displaced,
demoted, or transferred on the date of layoff, the most senior person listed first.
In case of ties in seniority, the seniority rules shall apply except that where there
is a class seniority tie between persons laid off from different departments, the
tie(s) shall be broken by length of last continuous permanent County employment
with remaining ties broken by random selection among the employees involved.
H. Duration of Layoff & Reemployment Rights. The name of any person granted
reemployment privileges shall continue on the appropriate list for a period of two
(2) years. Persons placed on layoff lists shall continue on the appropriate list for
a period of four (4) years.
I. Certification of Persons From Layoff Lists. Layoff lists contain the name(s) of
person(s) laid off, displaced or demoted by displacement or voluntarily demoted
in lieu of layoff or displacement or transferred in lieu of layoff or displacement.
When a request for personnel is received from the appointing authority of a
department from which an eligible(s) was laid off, the appointing authority shall
receive and appoint the eligible highest on the layoff list from the department.
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PPOACCC 28 of 106 2011-2015
When a request for personnel is received from a department from which an
eligible(s) was not laid off, the appointing authority shall receive and appoint the
eligible highest on the layoff list who shall be subject to a probationary period. A
person employed from a layoff list shall be appointed at the same step of the
salary range the employee held on the day of layoff.
J. Removal of Names from Layoff Lists. The Director of Human Resources may
remove the name of any eligible from a layoff list for any reason listed below:
1. For any cause stipulated in Section 404.1 (Causes for Disqualification) of
the Personnel Management Regulations.
2. On evidence that the eligible cannot be located by postal authorities.
3. On receipt of a statement from the appointing authority or eligible that the
eligible declines certification or indicates no further desire for appointment
in the class.
4. If three (3) offers of permanent appointment to the class for which the
eligible list was established have been declined by the eligible.
5. If the eligible fails to respond to the Director of Human Resources or the
appointing authority within ten (10) days to written notice of certification
mailed to the person's last known address. If the person on the
reemployment or layoff list is appointed to another position in the same or
lower classification, the name of the person shall be removed. However, if
the first permanent appointment of a person on a layoff list is to a lower
class which has a top step salary lower than the top step of the class from
which the person was laid off, the name of the person shall not be
removed from the layoff list. Any subsequent appointment of such person
from the layoff list shall result in removal of that person's name.
K. Removal of Names from Reemployment and Layoff certifications. The Director of
Human Resources may remove the name of any eligible from a reemployment or
layoff certification if the eligible fails to respond within five (5) days to a written
notice of certification mailed to the person's last known address.
10.3 Notice. The County agrees to give employees scheduled for layoff at least ten
(10) work days notice prior to their last day of employment.
10.4 Special Employment Lists. The County will establish a Tactical Employment
Team (T.E.T.) employment pool which will include the names of all laid off County
employees. Special employment lists for job classes may be established from the pool.
Persons placed on a special employment list must meet the minimum qualifications for
the class. An appointment from such a list will not affect the individual's status on a
layoff list(s). Employees in the T.E.T. employment pool shall be guaranteed a job
SECTION 11 - HOLIDAYS
PPOACCC 29 of 106 2011-2015
interview for any vacant funded position for which they meet minimum qualifications. If
there are more than five such employees who express an interest for one vacant funded
position, the five most senior employees shall be interviewed. Seniority for this
subsection shall be County seniority.
10.5 Reassignment of Laid Off Employees. Employees who are displaced within
the same classification or within the Probation Counselor series or within the Probation
Officer series from fulltime to part-time or intermittent status in a layoff, or who
voluntarily reduced their work hours to reduce the impact of layoff, or who accepted a
position of another status than that from which they were laid off upon referral from the
layoff list, may request reassignment back to their pre-layoff status (full time or part-time
or increased hours). The request must be in writing in accord with each department's
reassignment bid or selection process. Employees will be advised of the reassignment
procedure to be followed to obtain reassignment back to their former status at the time
of the workforce reduction. The most senior laid off employee in this status who
requests such a reassignment will be selected for the vacancy; except when a more
senior laid off individual remains on the layoff list and has not been appointed back to
the class from which laid off, a referral from the layoff list will be made to fill the
vacancy.
SECTION 11 - HOLIDAYS
11.1 Holidays Observed.
A. The County will observe the following holidays:
January 1st, known as New Year's Day
3rd Monday in January known as Dr. M. L. King, Jr. Day
3rd Monday in February, known as Presidents' Day
The last Monday in May, known as Memorial Day
July 4th, known as Independence Day
First Monday in September, known as Labor Day
November 11th, known as Veterans Day
4th Thursday in November, known as Thanksgiving
The day after Thanksgiving
December 25th, known as Christmas Day
Such other days as the Board of Supervisors may by resolution designate as
holidays.
B. Each full-time employee will accrue two (2) hours of personal holiday credit per
month. Such personal holiday time may be taken in increments of one-tenth hour
(6 minutes), and preference of personal holidays shall be given to employees
according to their seniority in their department as reasonably as possible. No
employee may accrue more than forty (40) hours of personal holiday credit. On
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PPOACCC 30 of 106 2011-2015
separation from County service, an employee shall be paid for any unused
personal holiday credits at the employee’s then current pay rate.
C. Employees who work in twenty-four (24) hour facilities or Probation Counselors
designated as Juvenile Hall Transportation Officers by the Probation Department
will, in addition to those holidays specified in Section 11.1.A above, observe
Admission Day on September 9, Columbus Day on the second Monday in
October, and Lincoln’s Day on February 12 as holidays, but shall not accrue the
two (2) hours per month of personal holiday credit referenced in Section 11.1.B
above. Probation Counselors designated as Juvenile Hall Transportation Officers
by the Probation Department may be required to work one or more of the
holidays.
11.2 Holiday is NOT Worked.
A. Holiday Observed – Full-Time Employees. Full-time employees on regular
4/10, 9/80, flexible, and alternate work schedules are entitled to observe a
holiday (eight [8] hours off), without a reduction in pay, whenever a holiday is
observed by the County. Any holiday observed by the County that falls on a
Saturday is observed on the preceding Friday and any holiday that falls on a
Sunday is observed on the following Monday.
For Probation Counselors and Probation Officers assigned to twenty-four (24)
hour facilities, if Independence Day, Christmas Day, or New Years Day falls on a
Saturday, the holiday will be observed on a Saturday, and if Independence Day,
Christmas Day or New Year’s Day falls on a Sunday, the holiday will be observed
on a Sunday.
B. Holiday Observed in Excess of Eight (8) Hours. When a holiday falls on an
employee’s regularly scheduled work day, the employee is entitled to only eight
(8) hours off without a reduction in pay. If the workday is a nine (9) hour day, the
employee must use one (1) hour of non-sick leave accruals. If the employee
does not have any non-sick leave accrual balances, leave without pay (A.W.O.P.)
will be authorized.
C. Holidays Observed – Part-time Employees. Part-time employees are entitled
to observe a holiday (day off work) in the same ratio as the number of hours the
part-time employee’s weekly schedule bears to forty (40) hours, without a
reduction in pay, whenever a holiday is observed by the County.
D. Holiday on Regular Day Off of Employees on 4/10, 9/80, Flexible and
Alternate Work Schedules. When a holiday is observed by the County on the
regularly scheduled day off of an employee who is on a 4/10, 9/80, flexible or
alternate work schedule, the employee is entitled to take eight (8) hours off,
without a reduction in pay, in recognition of the holiday. The employee is entitled
to receive eight (8) hours flexible compensatory time or pay at the rate of 1.0
SECTION 11 - HOLIDAYS
PPOACCC 31 of 106 2011-2015
times his/her base rate of pay in recognition of his/her regularly scheduled day
off.
11.3 Holiday is WORKED and Holiday Falls on Regularly Scheduled Work Day of
Full-Time Employees on Regular, 4/10, 9/80, Flexible, and Alternate Work
Schedules:
A. Holiday Worked by Full-Time Employees on Regular, 4/10, 9/80, Flexible and
Alternate Work Schedules (holiday falls on employee’s regularly scheduled
work day): When a full-time employee works on a holiday that falls on the
employee’s regularly scheduled work day, the employee is entitled to receive
his/her regular salary. The employee is also entitled to receive holiday pay at the
rate of one and one-half (1.5) times his/her base rate of pay (not including
differentials) or holiday compensation time at the same rate, up to a maximum of
eight (8) hours. The employee is also entitled to receive overtime pay or overtime
compensatory time at the rate of one and one-half (1.5) times his/her base rate of
pay (not including differentials) for all hours worked on the holiday beyond eight
(8) hours, but only if the employee was required to work on the holiday due to an
emergency, except as provided in Section 7.1. This provision applies to regular,
4/10, 9/80, flexible and alternate work schedules.
11.4 Holiday is Worked and Falls On Regularly Scheduled Day Off of Full-Time
Employees on 4/10, 9/80, flexible, and Alternate Work Schedules:
A. Holiday Worked by Full-Time Employees on 4/10, 9/80, Flexible, and
Alternate Work Schedules (holiday falls on employee’s scheduled day off).
When a full-time employee works on a holiday that falls on the employee’s
scheduled day off, the employee is entitled to receive his or her regular salary.
The employee is also entitled to receive overtime pay at the rate of one and one-
half (1.5) times his/her base rate of pay (not including differentials) or
compensation time at the same rate for all hours worked on the holiday. The
employee is also entitled to receive eight (8) hours of flexible compensatory time
or pay, at the rate of 1.0 times his/her base rate of pay, in recognition of his/her
scheduled day off. This provision applies to employees on 4/10, 9/80, flexible,
and alternate work schedules.
B. See Section 11.3.A when an employee on a regular work schedule works on a
holiday.
11.5 Holiday and Compensatory Time Provisions
A. Maximum Accruals of Holiday Comp Time. Holiday compensatory time may
not be accumulated in excess of two hundred eighty-eight (288) hours. After two
hundred eighty eight (288) hours are accrued by an employee, the employee will
receive holiday pay at the rate of one and one-half (1.5) times his/her base rate of
pay. Holiday compensation time may be taken at those dates and times
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PPOACCC 32 of 106 2011-2015
determined by mutual agreement of the employee and the Department Head or
designee.
B. Pay Off of Holiday Comp Time. Holiday compensatory time will be paid off only
upon a change in status. A change in status includes separation, transfer to
another department, reassignment to a permanent intermittent position, or
transfer, assignment, or promotion or demotion into a position that is not eligible
for holiday compensatory time.
C. Maximum Accruals of Flexible Compensatory Time. Flexible compensatory
time may not be accumulated in excess of two hundred eighty-eight (288) hours.
After two hundred eighty-eight (288) hours are accrued by an employee, the
employee will receive flexible pay at the rate of one (1.0) times his/her base rate
of pay. Flexible compensatory time may be taken on those dates and times
determined by mutual agreement of the employee and the Department Head or
designee.
D. Payoff of Flexible Comp Time. Flexible compensatory time will be paid off only
upon a change in status. A change in status includes transfer to another
department, reassignment to a permanent-intermittent position, or transfer,
assignment, or promotion or demotion into a position that is not eligible for
flexible compensatory time.
11.6 Holiday Worked by Temporary Employee. A temporary employee in the job
classification of Probation Counselor I, II, or III who has completed 2080 hours of
employment is eligible to receive overtime pay at the rate of one and one-half (1.5)
times his/her base rate of pay (not including differentials) for all hours worked on the
holiday, up to a maximum of eight (8) hours.
11.7 Holidays for Full-Time Employees who Work in Twenty-Four (24) Hour
Facilities and Who do Not Accrue Two (2) Hours per Month of Personal Holiday
Credit.
A. All of the provisions of section 11 apply to all the full-time employees who work in
twenty-four (24) hour facilities and who do not accrue two (2) hours per month of
personal holiday credit.
B. When a holiday falls on the regularly scheduled day off of a full-time employee
who works in a twenty-four (24) hour facility and who does not accrue two (2)
hours per month of personal holiday credit, the employee’s regularly scheduled
day off moves to the employee’s next scheduled work day.
1. Employee Works on his/her Next Scheduled Work Day Following the
Holiday: When a full-time employee works on his or her next scheduled
work day following the holiday, the employee is entitled to receive his/her
regular salary. The employee is also entitled to receive overtime pay at
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PPOACCC 33 of 106 2011-2015
the rate of one and one-half (1.5) times his/her base rate of pay (not
including differentials) or compensation time at the same rate for all hours
worked on that day.
2. Employee does NOT work on his/her Next Scheduled Work Day
Following the Holiday. When a full time employee does NOT work on
his/her next scheduled work day following the holiday, the employee is
entitled to the day off, without a reduction in pay, in recognition of his/her
regularly scheduled day off.
3. The County retains the right to decide when an employee will work or not
work the next scheduled work day following a holiday.
11.8 Provisions for Part-Time Employees and Permanent Intermittent Employees
Reopener. The parties agree to reopen the provisions of this Memorandum of
Understanding for the limited purpose of meeting and conferring to ensure consistent
practices across departments for part-time employees and permanent intermittent
employees.
11.9 Automated Time Keeping. The Association will continue to meet and confer
with the County regarding implementation of an Automated Time Keeping system for all
County employees.
SECTION 12 - VACATION LEAVE
12.1 Vacation Allowance. Employees in permanent positions are entitled to vacation
with pay. Accrual is based upon straight time hours of working time per calendar month
of service and begins on the date of appointment to a permanent position. Increased
accruals begin on the first of the month following the month in which the employee
qualifies. Accrual for portions of a month shall be in minimum amounts of one (1) hour
calculated on the same basis as for partial month compensation pursuant to Section 5.8
(Salary Reallocation and Salary Reallocation) of this MOU. Vacation credits may be
taken in one-tenth hour (six minute) increments but may not be taken during the first six
(6) months of employment (not necessarily synonymous with probationary status)
except where sick leave has been exhausted; and none shall be allowed in excess of
actual accrual at the time vacation is taken.
12.2 Vacation Leave on Reemployment From a Layoff List. Employees with six (6)
months or more service in a permanent position prior to their layoff who are employed
from a layoff list, shall be considered as having completed six months tenure in a
permanent position for the purpose of vacation leave. The appointing authority or
designee will advise the Auditor- Controller's Payroll Unit in each case where such
vacation is authorized so that appropriate payroll system override actions can be taken.
12.3 Vacation Accrual Rates.
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PPOACCC 34 of 106 2011-2015
A. Accrual Rates of Maximum Accumulation. The rates at which vacation credits
accrue, and the maximum accumulation thereof, are as follows:
Monthly Maximum
Accrual Cumulative
Length of Service Hours Hours
Under 5 years 6-2/3 160
5 through 10 years 10 240
11 years 10-2/3 256
12 years 11-1/3 272
13 years 12 288
14 years 12-2/3 304
15 through 19 years 13-1/3 320
20 through 24 years 16-2/3 400
25 through 29 years 20 480
30 years and up 23-1/3 560
B. Service Award Date Defined. An employee’s Service Award Date is the first
day of his/her temporary, provisional, or permanent appointment to a position in
the County. If an employee is first appointed to a temporary or provisional
position and then later appointed to a permanent position, the Service Award
Date for that employee is the date of the first day of the temporary or provisional
appointment.
Example One:
1. The employee’s Service Award Date is January 1, 1988;
2. The employee reached twenty (20) years of service on January 1, 2008;
3. February 1, 2008 is the date on which the employee is eligible to begin
accruing 16.66 hours of vacation time each month.
4. The increased vacation hours will appear on the employee’s March 10,
2008 pay warrant.
Example Two:
1. An employee’s Service Award Date is February 24, 1987
2. The employee reached twenty (20) years of service on February 24, 2007;
3. March 1, 2007 is the date on which the employee is eligible to begin
accruing 16.66 hours of vacation time each month.
4. The increased vacation hours will appear on the employee’s April 10, 2007
pay warrant.
12.4 Accrual During Leave Without Pay. No employee who has been granted a
leave without pay or unpaid military leave shall accrue any vacation credit during the
SECTION 13 - SICK LEAVE
PPOACCC 35 of 106 2011-2015
time of such leave, nor shall an employee who is absent without pay accrue vacation
credit during the absence.
12.5 Vacation Allowance for Separated Employees. On separation from County
service, an employee shall be paid for any unused vacation credits at the employee's
then current pay rate.
12.6 Vacation Preference. Use of vacation accruals is by mutual agreement between
the employee and the supervisor and preference of vacation shall be given to
employees according to their seniority in their department as reasonably as possible
unless otherwise provided in the supplemental sections of this Memorandum of
Understanding.
SECTION 13 - SICK LEAVE
13.1 Purpose of Sick Leave. The primary purpose of paid sick leave is to ensure
employees against loss of pay for temporary absences from work due to illness or
injury. It is a benefit extended by the County and may be used only as authorized; it is
not paid time off which employees may use for personal activities.
13.2 Credits to and Charges Against Sick Leave. Sick leave credits accrue at the
rate of eight (8) working hours credit for each completed month of service, as prescribed
by County Salary Regulations and this Memorandum of Understanding. Employees
who work a portion of a month are entitled to a pro rata share of the monthly sick leave
credit computed on the same basis as is partial month compensation. Credits to and
charges against sick leave are made in minimum amounts of one-tenth hour (6 minutes)
increments. Unused sick leave credits accumulate from year to year. When an
employee is separated other than through retirement, accumulated sick leave credits
shall be canceled, unless the separation results from layoff, in which case the
accumulated credits shall be restored if reemployed in a permanent position within the
period of layoff eligibility. As of the date of retirement, an employee's accumulated sick
leave is converted to retirement on the basis of one day of retirement service credit for
each day of accumulated sick leave credit.
13.3 Policies Governing the Use of Paid Sick Leave.
A. As indicated above, the primary purpose of paid sick leave is to ensure
employees against loss of pay for temporary absences from work due to illness
or injury. The following definitions apply:
1. "Immediate Family" means and includes only the spouse, son, stepson,
daughter, stepdaughter, father, stepfather, mother, stepmother, brother,
sister, grandparent, grandchild, niece, nephew, father-in-law, mother-in-
law, daughter-in-law, son-in-law, brother-in-law, sister-in-law, foster
children, aunt, uncle, cousin, stepbrother, stepsister, or domestic partner of
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PPOACCC 36 of 106 2011-2015
an employee and/or includes any other person for whom the employee is
the legal guardian or conservator, or any person who is claimed as a
"dependent" for IRS reporting purposes by the employee.
2. "Employee" means any person employed by Contra Costa County in an
allocated position in the County service.
3. "Paid Sick Leave Credits" means those sick leave credits provided for by
County Salary Regulations and this Memorandum of Understanding.
4. "Condition/Reason". With respect to necessary verbal contacts and
confirmations which occur between the department and the employee
when sick leave is requested or verified, a brief statement in non-technical
terms from the employee regarding inability to work due to injury or illness
is sufficient.
B. Accumulated paid sick leave credits may be used, subject to appointing authority
approval, by an employee in pay status, but only in the following instances:
1. Temporary Illness or Injury of an Employee. Paid sick leave credits may
be used when the employee is off work because of a temporary illness or
injury.
2. Permanent Disability Sick Leave. Permanent disability means the
employee suffers from a disabling physical injury or illness and is thereby
prevented from engaging in any County occupation for which the
employee is qualified by reason of education, training or experience. Sick
leave may be used by permanently disabled employees until all accruals of
the employee have been exhausted or until the employee is retired by the
Retirement Board, subject to the following conditions:
a. An application for retirement due to disability has been filed with the
Retirement Board.
b. Satisfactory medical evidence of such disability is received by the
appointing authority within 30 days of the start of use of sick leave
for permanent disability.
c. The appointing authority may review medical evidence and order
further examination as deemed necessary, and may terminate use
of sick leave when such further examination demonstrates that the
employee is not 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.
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PPOACCC 37 of 106 2011-2015
3. Communicable Disease. An employee may use paid sick leave credits
when under a physician's order to remain secluded due to exposure to a
communicable disease.
4. Sick Leave Utilization for Pregnancy Disability. Employees whose
disability is caused or contributed to by pregnancy, miscarriage, abortion,
childbirth, or recovery there from, shall be allowed to utilize sick leave
credit to the maximum accrued by such employee during the period of
such disability under the conditions set forth below:
a. Application for such leave must be made by the employee to the
appointing authority accompanied by a written statement of disability
from the employee's attending physician. The statement must
address itself to the employee's general physical condition having
considered the nature of the work performed by the employee, and
it must indicate the date of the commencement of the disability as
well as the date the physician anticipates the disability to terminate.
b. If an employee does not apply for leave and the appointing authority
believes that the employee is not able to properly perform her work
or that her general health is impaired due to disability caused or
contributed to by pregnancy, miscarriage, abortion, childbirth or
recovery there from the employee shall be required to undergo a
physical examination by a physician selected by the County.
Should the medical report so recommend, a mandatory leave shall
be imposed upon the employee for the duration of the disability.
c. Sick leave may not be utilized after the employee has been released
from the hospital unless the employee has provided the County with
a written statement from her attending physician stating that her
disability continues and the projected dates of the employee's
recovery from such disability.
5. Medical and Dental Appointments. An employee may use paid sick leave
credits:
a. For working time used in keeping medical and dental appointments
for the employee's own care; and
b. For working time used by an employee for pre-scheduled medical
and dental appointments for an immediate family member.
6. Emergency Care of Family. An employee may use paid sick leave credits
for working time used in cases of illness or injury to an immediate family
member.
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7. Death of Family Member. An employee may use paid sick leave credits
for working time used because of a death in the employee's immediate
family or of the employee’s domestic partner, but this shall not exceed
three (3) working days, plus up to two (2) days of work time for necessary
travel. Use of additional accruals including sick leave when appropriate
may be authorized in conjunction with the bereavement leave at the
discretion of the appointing authority.
8. Legal Adoption of a Child. Paid sick leave credits may be used by an
employee upon adoption of the child.
9. Accumulated paid sick leave credits may not be used in the following
situations:
a. Vacation. Paid sick leave credits may not be used for an
employee's illness or injury which occurs while he/she is on vacation
but the County Administrator may authorize it when extenuating
circumstances exist and the appointing authority approves.
b. Not in Pay Status. Paid sick leave credits may not be used when
the employee would otherwise be eligible to use paid sick leave
credits but is not in pay status.
13.4 Administration of Sick Leave. The proper administration of sick leave is a
responsibility of the employee and the department head. Unless otherwise provided in
the supplemental sections of this MOU, the following procedures apply:
A. Employee Responsibilities
1. Employees are responsible for notifying their department of an absence
prior to the commencement of their work shift or as soon thereafter as
possible. Notification shall include the reason and possible duration of the
absence.
2. Employees are responsible for keeping their department informed on a
continuing basis of their condition and probable date of return to work.
3. Employees are responsible for obtaining advance approval from their
supervisor for the scheduled time of pre-arranged personal or family
medical and dental appointment.
4. Employees are encouraged to keep the department advised of (1) a
current telephone number to which sick leave related inquiries may be
directed, and (2) any condition(s) and/or restriction(s) that may reasonably
be imposed regarding specific locations and/or persons the department
may contact to verify the employee's sick leave.
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B. Department Responsibilities. The use of sick leave may properly be denied if
these procedures are not followed. Abuse of sick leave on the part of the
employee is cause for disciplinary action. Departmental approval of sick leave is
a certification of the legitimacy of the sick leave claim. The department head or
designee may make reasonable inquiries about employee absences. The
department may require medical verification for an absence of three (3) or more
working days. The department may also require medical verification for
absences of less than three (3) working days for probable cause if the employee
had been notified in advance in writing that such verification was necessary.
Inquiries may be made in the following ways:
1. Calling the employee's residence telephone number or other contact
telephone number provided by the employee if telephone notification was
not made in accordance with departmental sick leave call-in guidelines.
These inquiries shall be subject to any restrictions imposed by the
employee under subsection 13.4 (Administration of Sick Leave) paragraph
A.
2. Obtaining the employee's signature on the Absence/Overtime Record, or
on another form established for that purpose, as employee certification of
the legitimacy of the claim.
3. Obtaining the employee's written statement of explanation regarding the
sick leave claim.
4. Requiring the employee to obtain a physician's certificate or verification of
the employee's illness, date(s) the employee was incapacitated, and the
employee's ability to return to work, as specified above.
5. In absences of an extended nature, requiring the employee to obtain from
their physician a statement of progress and anticipated date on which the
employee will be able to return to work, as specified above. Department
heads are responsible for establishing timekeeping procedures which will
insure the submission of a time card covering each employee absence and
for operating their respective offices in accordance with these policies and
with clarifying regulations issued by the Office of the County Administrator.
To help assure uniform policy application, the Director of Human
Resources or designated management staff of the County Human
Resources Department should be contacted with respect to sick leave
determinations about which the department is in doubt.
13.5 Disability.
A. An employee physically or mentally incapacitated for the performance of duty is
subject to dismissal, suspension or demotion, subject to the County Employees
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Retirement Law of 1937. An appointing authority after giving notice may place an
employee on leave if the appointing authority has filed an application for disability
retirement for the employee, or whom the appointing authority believes to be
temporarily or permanently physically or mentally incapacitated for the
performance of the employee’s duties.
B. An appointing authority who has reasonable cause to believe that there are
physical or mental health conditions present in an employee which endanger the
health or safety of the employee, other employees, or the public, or which impair
the employee's performance of duty, may order the employee to undergo at
County expense and on the employees paid time a physical, medical examination
by a licensed physician and/or a psychiatric examination by a licensed physician
or psychologist, and receive a report of the findings on such examination. If the
examining physician or psychologist recommends that treatment for physical or
mental health problems, including leave, are in the best interests of the employee
or the County in relation to the employee overcoming any disability and/or
performing his or her duties the appointing authority may direct the employee to
take such leave and/or undergo such treatment.
C. Leave due to temporary or permanent disability shall be without prejudice to the
employee's right to use sick leave, vacation, or any other benefit to which the
employee is entitled other than regular salary. The Director of Human Resources
may order lost pay restored for good cause and subject to the employee's duty to
mitigate damages.
D. Before an employee returns to work from any absence for illness or injury, other
leave of absence or disability leave, exceeding two weeks in duration, the
appointing authority may order the employee to undergo at County expense a
physical, medical, and/or psychiatric examination by a licensed physician, and
may consider a report of the findings on such examination. If the report shows
that such employee is physically or mentally incapacitated for the performance of
duty, the appointing authority may take such action as he/she deems necessary
in accordance with appropriate provisions of this MOU.
E. Before an employee is placed on an unpaid leave of absence or suspended
because of physical or mental incapacity under subsection 13.5 (Disability)
paragraphs (A) or (B), the employee shall be given notice of the proposed leave
of absence or suspension by letter or memorandum, delivered personally or by
certified mail, containing the following:
1. A statement of the leave of absence or suspension proposed.
2. The proposed dates or duration of the leave or suspension which may be
indeterminate until a certain physical or mental health condition has been
attained by the employee.
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PPOACCC 41 of 106 2011-2015
3. A statement of the basis upon which the action is being taken.
4. A statement that the employee may review the materials upon which the
action is taken.
5. A statement that the employee has until a specified date (not less than
seven (7) work days from personal delivery or mailing of the notice) to
respond to the appointing authority orally or in writing.
F. Pending response to the notice the appointing authority for cause specified in
writing may place the employee on a temporary leave of absence with pay.
G. The employee to whom the notice has been delivered or mailed shall have seven
(7) work days to respond to the appointing authority either orally or in writing
before the proposed action may be taken.
H. After having complied with the notice requirements above, the appointing
authority may order the leave of absence or suspension in writing stating
specifically the basis upon which the action is being taken, delivering the order to
the employee either personally or by mail, effective either upon personal delivery
or deposit in the US Postal Service.
I. An employee who is placed on leave or suspended under this section may, within
ten (10) calendar days after personal delivery or mailing to the employee of the
order, appeal the order in writing through the Director of Human Resources to the
Merit Board. Alternatively, the employee may file a written election with the
Director of Human Resources waiving the employee's right to appeal to the Merit
Board in favor of appeal to a Disability Review Arbitrator.
J. In the event of an appeal either to the Merit Board or the Disability Review
Arbitrator, the employee has the burden of proof to show that either:
1. The physical or mental health condition cited by the appointing authority
does not exist, or
2. The physical or mental health condition does exist, but it is not sufficient to
prevent, preclude, or impair the employee's performance of duty, or is not
sufficient to endanger the health or safety of the employee, other
employees, or the public.
K. If the appeal is to the Merit Board, the order and appeal shall be transmitted by
the Director of Human Resources to the Merit Board for hearing under the Merit
Board's Procedures, Section 1114-1128 inclusive. Medical reports submitted in
evidence in such hearings shall remain confidential information and shall not be a
part of the public record.
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PPOACCC 42 of 106 2011-2015
L. If the appeal is to a Disability Review Arbitrator, the employee (and his
representative) will meet with the County's representative to mutually select the
Disability Review Arbitrator, who may be a de facto arbitrator, or a physician, or a
rehabilitation specialist, or some other recognized specialist mutually selected by
the parties. The arbitrator’s fees and expenses shall be paid one-half by the
County and one-half by the employee or the employee’s Association. The
arbitrator shall hear and review the evidence. The decision of the Disability
Review Arbitrator shall be binding on both the County and the employee. The
scope of the arbitrator's review shall be as follows:
1. The arbitrator may affirm, modify or revoke the leave of absence or
suspension.
2. The arbitrator may make his decision based only on evidence submitted by
the County and the employee.
3. The arbitrator may order back pay or paid sick leave credits for any period
of leave of absence or suspension if the leave or suspension is found not
to be sustainable, subject to the employee's duty to mitigate damages.
13.6 Workers' Compensation.
A. Not Covered by Labor Code Section 4850. This subsection 13.6.A (Worker’s
Compensation) applies only to those on-the-job injuries or illnesses sustained by
employees who are not covered for such injury or illness under Labor Code
Section 4850:
1. Benefit Level. A permanent employee shall continue to receive the
appropriate percent of regular monthly salary for all accepted claims filed
before January 1, 2000, during any period of compensable temporary
disability absence not to exceed one year. For all accepted claims filed
with the County on or after January 1, 2000, the percentage of pay for
employees entitled to Workers’ Compensation shall be decreased from
87% to 86%. For all accepted claims filed with the County on or after
January 1, 2007, the percentage of pay for employees entitled to Workers’
Compensation shall be decreased from 86% to 80%. For all accepted
claims filed with the County on or after January 1, 2008, the percentage of
pay for employees entitled to Workers’ Compensation shall be decreased
from 80% to 75%. If Workers’ Compensation becomes taxable, the
County agrees to restore the original benefit level (100% of monthly salary)
and the parties shall meet and confer with respect to funding the increased
cost.
2. Waiting Period. There is a three (3) calendar day waiting period before
Workers' Compensation benefits commence. If the injured worker loses
anytime on the day of injury, that day counts as day one (1) of the waiting
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PPOACCC 43 of 106 2011-2015
period. If the injured worker does not lose time on the date of injury, the
waiting period will be the first three (3) calendar days the employee does
not work as a result of the injury. The time the employee is scheduled to
work during this waiting period will be charged to the employee's sick leave
and/or vacation accruals. In order to qualify for Workers' Compensation
the employee must be under the care of a physician. Temporary
compensation is payable on the first three (3) days of disability when the
injury necessitates hospitalization, or when the disability exceeds fourteen
(14) days.
3. Continuing Pay. A permanent employee shall receive the appropriate
percentage as outlined above of regular monthly salary during any period
of compensable temporary disability not to exceed one (1) year. Payment
of continuing pay and/or temporary disability compensation is made in
accordance with Part 2, Article 3 of the Workers’ Compensation Laws of
California. "Compensable temporary disability absence" for the purpose of
this Section, is any absence due to work connected disability which
qualifies for temporary disability compensation as set forth in Part 2, Article
3 of the Workers’ Compensation Laws of California. When any disability
becomes medically permanent and stationary and/or reaches maximum
medical improvement, the salary provided by this Section shall terminate.
No charge shall be made against sick leave or vacation for these salary
payments. Sick leave and vacation rights shall not accrue for those
periods during which continuing pay is received. Employees shall be
entitled to a maximum of one (1) year of continuing pay benefits.
4. Termination of Continuing Pay. Continuing pay begins at the same time
that temporary Workers' Compensation benefits commence and continues
until either the member is declared medically permanent/stationary and/or
reaches maximum medical improvement, or until one (1) year of continuing
pay, whichever comes first provided the employee remains in an active
employed status. Continuing pay is automatically terminated on the date
an employee is separated from County service by resignation, retirement,
layoff, or the employee is no longer employed by the County. In these
instances, employees will be paid Workers’ Compensation benefits as
prescribed by Workers’ Compensation laws. All continuing pay will be
cleared through the County Administrator’s Office, Risk Management
Division. Whenever an employee who has been injured on the job and
has returned to work is required by an attending physician to leave work
for treatment during working hours the employee shall be allowed time off
up to three (3) hours for such treatment without loss of pay or benefits,
provided the employee notifies his/her supervisor of the appointment at
least three (3) working days prior to the appointment or as soon as the
employee becomes aware the appointment has been made. Said visits
are to be scheduled contiguous to either the beginning or end of the
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PPOACCC 44 of 106 2011-2015
scheduled work day whenever possible. This provision applies only to
injuries/illnesses that have been accepted by the County as work related.
5. Extended Temporary Disability. If an injured employee remains eligible for
temporary disability beyond one year, applicable salary will continue by
integrating sick leave and/or vacation accruals with Workers'
Compensation benefits (vacation charges to be approved by the
department and the employee). If salary integration is no longer available,
Workers' Compensation benefits will be paid directly to the employee as
prescribed by Workers' Compensation laws.
6. Rehabilitation Integration. An injured employee who is eligible for Workers'
Compensation rehabilitation temporary disability benefits and whose
disability is medically permanent and stationary and/or reaches maximum
medical improvement, will continue to receive salary by integrating sick
leave and/or vacation accruals with Workers' Compensation rehabilitation
temporary disability benefits until those accruals are exhausted.
Thereafter, the rehabilitation temporary disability benefits will be paid
directly to the employee.
7. Health Insurance. The County contribution to the employee's group
insurance plan(s) continues during the continuing pay period and during
integration of sick leave or vacation with Workers' Compensation benefits.
8. Method of Integration. An employee's sick leave and/or vacation charges
shall be calculated as follows:
C = 8 [1 - (W÷S)]
C = Sick leave or vacation charge per day (in hours)
W = Statutory Workers' Compensation for a month
S = Monthly salary
For example:
W = $960 per month Workers' Compensation
S = $1667 per month salary
8 = 8 hours
C = Hours to be charged to Sick Leave
C = 8 [1 - ($960 ÷ $1,667)]
C = 8 [1 - (.5758)]
C = 8 (.4242)
C = 3.39
3 hours chargeable to sick leave
5 hours chargeable to Workers' Compensation
B. Covered By Section 4850. This subsection 13.6.B applies only to those on-the-
job injuries or illnesses sustained by employees who are covered for such injury
or illness under Labor Code Section 4850.
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PPOACCC 45 of 106 2011-2015
1. State Labor Code 4850 Pay. Law enforcement officers as defined in State
Labor Code 4850 who are members of the Contra Costa County
Retirement System continue to receive full salary benefits in lieu of
temporary disability during any absence from work which qualifies for
Workers Compensation benefits.
Currently, the maximum 4850 pay is one (1) year for any injury or illness.
To be eligible for this benefit the employee must be under the care of a
physician. All 4850 pay shall be approved by the County Administrator’s
Office, Risk Management Division.
2. Sick Leave and Vacation. Sick leave and vacation shall accrue in
accordance with the provision of State Labor Code 4850.
3. 4850 Pay Beyond One Year. If an injured employee remains eligible for
Worker’s Compensatoin temporary disability benefits beyond one year, full
salary will continue by integrating sick leave and/or vacation accruals with
Worker’s Compensation benefits (use of vacation accruals must be
approved by the department and the employee). If salary integration is no
longer available because accruals are exhaus ted, Worker’s Compensation
benefits will be paid directly to the employee as prescribed by Workers
Compensation laws.
4. Rehabilitation Integration. An injured employee who is eligible for
Worker’s Compensation rehabilitation temporary disability benefit s and
who has exhausted 4850 pay eligibility will continue to receive full salary
by integrating sick leave and/or vacation accruals with Worker’s
Compensation rehabilitation temporary disability benefits. When these
accruals are exhausted, the rehabilitation temporary disability benefits will
be paid directly to the employee as prescribed by Workers Compensation
laws.
5. Health Insurance. The County contribution to the employee’s group
insurance plan(s) continues during the 4850 pay period and during
integration of sick leave or vacation wit Worker’s Compensation benefits.
6. Integration. An employee’s sick leave and/or vacation charges shall be
calculated as follows: C = 8 [1-(W ÷ S)]
C = Sick leave or vacation charge per day (in hrs.)
W = Statutory Workers’ Compensation for a month
S = Monthly salary
13.7 Accrual During Leave Without Pay. No employee who has been granted a
leave without pay or an unpaid military leave shall accrue any sick leave credits during
SECTION 14 - CATASTROPHIC LEAVE BANK
PPOACCC 46 of 106 2011-2015
the time of such leave nor shall an employee who is absent without pay accrue sick
leave credits during the absence.
SECTION 14 - CATASTROPHIC LEAVE BANK
All employees are included in the Catastrophic Leave Bank and may designate a
portion of accrued vacation, compensatory time, holiday compensatory time, or
personal holiday credit to be deducted from the donor’s existing balances and credited
to the bank or to a specific eligible employee.
14.1 Program Design. The County Human Resources Department will operate a
Catastrophic Leave Bank which is designed to assist any County employee who has
exhausted all paid accruals due to a serious or catastrophic illness, injury, or condition
of the employee or family member. The program establishes and maintains a
Countywide bank wherein any employee who wishes to contribute may authorize that a
portion of his/her accrued vacation, compensatory time, holiday compensatory time or
floating holiday be deducted from those account(s) and credited to the Catastrophic
Leave Bank. Employees may donate hours either to a specific eligible employee or to
the bank. Upon approval, credits from the Catastrophic Leave Bank may be transferred
to a requesting employee's sick leave account so that employee may remain in paid
status for a longer period, thus partially ameliorating the financial impact of the illness,
injury, or condition. Catastrophic illness or injury is defined as a critical medical
condition, a long-term major physical impairment or disability which manifests itself
during employment.
14.2 Operation.
A. The plan will be administered under the direction of the Director of Human
Resources. The Human Resources Department will be responsible for receiving
and recording all donations of accruals and for initiating transfer of credits from
the bank to the recipient's sick leave account. Disbursement of accruals will be
subject to the approval of a six (6) member committee composed of three (3)
members appointed by the County Administrator and three (3) members
appointed by the majority representative employee organizations. The committee
will meet once a month if necessary to consider all requests for credits and shall
make determinations as to the appropriateness of the request. The committee
shall determine the amount of accruals to be awarded for employees whose
donations are nonspecific. Consideration of all requests by the committee will be
on an anonymous requester basis.
B. Hours transferred from the Catastrophic Leave Bank to a recipient will be in the
form of sick leave accruals and shall be treated as regular sick leave accruals.
To receive credits under this plan, an employee must have permanent status,
must have exhausted all time off accruals to a level below eight (8) hours total,
have applied for a medical leave of absence and have medical verification of
need. Donations are irrevocable unless the donation to the eligible employee is
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PPOACCC 47 of 106 2011-2015
denied. Donations may be made in hourly blocks with a minimum donation of not
less than four (4) hours per donation from balances in the vacation, holiday,
floating holiday, compensatory time, or holiday compensatory time accounts.
Employees who elect to donate to a specific individual shall have seventy-five
percent (75%) of their donation credited to the individual and twenty-five percent
(25%) credited to the Catastrophic Leave Bank. Time donated will be converted
to a dollar value and the dollar value will be converted back to sick leave accruals
at the recipient's base hourly rate when disbursed. Credits will not be on a
straight hour-for-hour basis. All computations will be on a standard 173.33 basis,
except that employees on other than a forty (40) hour week will have hours
prorated according to their status.
C. Any recipient will be limited to a total of one thousand forty (1040) hours or its
equivalent per catastrophic event; each donor will be limited to one hundred
twenty (120) hours per calendar year.
D. No element of this plan is grievable. All appeals from either a donor or recipient
will be resolved on a final basis by the Director of Human Resources. No
employee will have any entitlement to catastrophic leave benefits. The award of
Catastrophic Leave will be at the sole discretion of the committee, both as to
amounts of benefits awarded and as to persons awarded benefits. Benefits may
be denied, or awarded for less than six (6) months. The committee will be
entitled to limit benefits in accordance with available contributions and to choose
from among applicants, on an anonymous basis, those who will receive benefits,
except for hours donated to a specific employee. In the event a donation is made
to a specific employee and the committee determines the employee does not
meet the Catastrophic Leave Bank criteria, the donating employee may authorize
the hours to be donated to the bank or returned to the donor’s account.
SECTION 15 - LEAVE OF ABSENCE
15.1 Leave Without Pay. Any employee who has permanent status may be granted
a leave of absence without pay upon written request, approved by the appointing
authority; provided, however, that leaves for pregnancy, pregnancy disability, serious
health conditions, and family care shall be granted in accordance with applicable state
and federal law.
15.2 General Administration - Leaves of Absence.
A. Requests for leave without pay shall be made upon forms prescribed by the
Director of Human Resources and shall state specifically the reason for the
request, the date when it is desired to begin the leave, and the probable date of
return. Leave without pay may be granted for any of the following reasons:
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PPOACCC 48 of 106 2011-2015
1. Illness or disability.
2. Pregnancy.
3. Parental.
4. To take a course of study such as will increase the employee's usefulness
on return to the position.
5. For other reasons or circumstances acceptable to the appointing authority.
B. An employee must request family care leave at least thirty (30) days before the
leave is to begin if the need for the leave is foreseeable. If the need is not
foreseeable, the employee must provide written notice to the employer within five
(5) days of learning of the event by which the need for family care leave arises.
C. A leave without pay may be for a period not to exceed one (1) year, provided the
appointing authority may extend such leave for additional periods. The
procedure in granting extensions shall be the same as that in granting the original
leave, provided that the request for extension must be made not later than thirty
(30) calendar days before the expiration of the original leave.
D. Nevertheless, a leave of absence for the employee's serious health condition or
for family care (FMLA) shall be granted to an employee who so requests it for up
to eighteen (18) weeks during a “rolling” twelve (12) month period measured
backward from the date an employee uses his/her FMLA leave in accordance
with Section 15.5 (Family Care or Medical Leave) below.
E. Whenever an employee who has been granted a leave without any pay desires to
return before the expiration of such leave, the employee shall submit a request to
the appointing authority in writing at least fifteen (15) days in advance of the
proposed return. Early return is subject to prior approval by the appointing
authority. The Human Resources Department shall be notified promptly of such
return.
F. Except in the case of leave of absence due to family care, pregnancy, pregnancy
disability, illness, or serious health condition, the decision of the appointing
authority on granting or denying a leave or early return from leave shall be
subject to appeal to the Director of Human Resources and not subject to appeal
through the grievance procedure set forth in this MOU.
15.3 Furlough Days Without Pay (Voluntary Time Off or “V.T.O.”). Subject to the
prior written approval of the appointing authority, employees may elect to take furlough
days or hours without pay (pre-authorized absence without pay), up to a maximum of
fifteen (15) calendar days for any one period. Longer pre-authorized absences without
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PPOACCC 49 of 106 2011-2015
pay are considered leaves of absence without pay. Employees who take furlough time
shall have their compensation for the portion of the month worked computed in accord
with subsection 5.6 (Compensation for Portion of Month) of this MOU. Full-time and
part-time employees who take furlough time shall have their vacation, sick leave,
floating holiday, and any other payroll computed accruals computed as though they had
worked the furlough time. When computing vacation, sick leave, floating holiday and
other accrual credits for employees taking furlough time, this provision shall supersede
subsections 11.1 (Holidays Observed), 12.1 (Vacation Allowance), 12.4 (Accrual During
Leave Without Pay), 13.2 (Credits to and Charges Against Sick Leave), and 13.7
(Accrual During Leave Without Pay) of this MOU regarding the computation of vacation,
sick leave, floating holiday, and other accrual credits as regards furlough time only. For
payroll purposes, furlough time (absence without pay with prior authorization of the
appointing authority) shall be reported separately from other absences without pay to
the Auditor-Controller. The existing V.T.O. program shall be continued for the life of the
contract.
15.4 Military Leave. Any employee who is ordered to serve as a member of the State
Militia or the United States Army, Navy, Air Force, Marine Corps, Coast Guard or any
division thereof shall be granted a military leave for the period of such service, plus
ninety (90) days. Additionally, any employee who volunteers for service during a
mobilization under Executive Order of the President or Congress of the United States
and/or the State Governor in time of emergency shall be granted a leave of absence in
accordance with applicable state or federal laws. Upon the termination of such service
or upon honorable discharge, the employee shall be entitled to return to his/her position
in the classified service provided such still exists and the employee is otherwise
qualified, without any loss of standing of any kind whatsoever. An employee who has
been granted a military leave shall not, by reason of such absence, suffer any loss of
vacation, holiday, or sick leave privileges which may be accrued at the time of such
leave, nor shall the employee be prejudiced thereby with reference to salary
adjustments or continuation of employment. For purposes of determining eligibility for
salary adjustments or seniority in case of layoff or promotional examination, time on
military leave shall be considered as time in County service. Any employee who has
been granted a military leave, may upon return, be required to furnish such evidence of
performance of military service or of honorable discharge as the Director of Human
Resources may deem necessary.
15.5 Family Care Leave or Medical Leave. Upon request to the appointing authority,
in a “rolling” twelve (12) month period measured backward from the date the employee
uses his/her FMLA leave, any employee who has permanent status shall be entitled to
at least eighteen (18) weeks leave (less if so requested by the employee) for:
A. Medical leave of absence for the employee's own serious health condition which
makes the employee unable to perform the functions of the employee's position;
or
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PPOACCC 50 of 106 2011-2015
B. Family care leave of absence without pay for reason of the birth of a child of the
employee, the placement of a child with an employee in connection with the
adoption or foster care of the child by the employee, or the serious illness or
health condition of a child, parent, spouse, or domestic partner of the employee.
15.6 Certification. The employee may be asked to provide certification of the need
for family care leave or medical leave. Additional period(s) of family care or medical
leave may be granted by the appointing authority.
15.7 Intermittent Use of Leave. The eighteen (18) week entitlement may be in
broken periods, intermittently on a regular or irregular basis, or may include reduced
work schedules depending on the specific circumstances and situations surrounding the
request for leave. The eighteen (18) weeks may include use of appropriate available
paid leave accruals when accruals are used to maintain pay status, but use of such
accruals is not required beyond that specified in Section 15.12 (Leaves Without Pay –
Use of Accruals) below. When paid leave accruals are used for a medical or family care
leave, such time shall be counted as a part of the eighteen (18) week entitlement.
15.8 Aggregate Use for Spouses. If the spouses or domestic partners are both
employed by the County, the family care of medical leave entitlement based on the
birth, adoption or foster care of a child is limited to an aggregate for both employees
together of eighteen (18) weeks during a “rolling” twelve (12) month measured
backward from the date the employee uses his/her FMLA leave. Employees requesting
family care leave are required to advise their appointing authority(ies) when their
spouse is also employed by the County.
15.9 Definitions. For medical and family care leaves of absence under this section,
the following definitions apply:
A. “Child”: A biological, adopted, or foster child, stepchild, legal ward, conservatee
or a child who is under eighteen (18) years of age for whom an employee stands
in loco parentis or for whom the employee is the guardian or conservator, or an
adult dependent child of the employee.
B. “Parent”: A biological, foster, or adoptive parent, a step-parent, legal guardian,
conservator, or other person standing in loco parentis to a child.
C. “Spouse”: A partner in marriage as defined in California Civil Code Section 4100.
D. “Domestic Partner”: An unmarried person, eighteen (18) years or older, to whom
the employee is not related and with whom the employee resides and shares the
common necessities of life.
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E. “Serious Health Condition”: An illness, injury, impairment, or physical or mental
condition which warrants the participation of a family member to provide care
during a period of treatment or supervision and involves either inpatient care in a
hospital, hospice or residential health care facility or continuing treatment or
continuing supervision by a health care provider (e.g. physician or surgeon) as
defined by state and federal law.
F. “Certification for Family Care (CFRA) Leave”: A written communication to the
employer from a health care provider of a person for whose care the leave is
being taken which need not identify the serious health condition involved, but
shall contain:
1. The date, if known, on which the serious health condition commenced.
2. The probable duration of the condition.
3. An estimate of the amount of time which the employee needs to render
care or supervision.
4. A statement that the serious health condition warrants the participation of a
family member to provide care during period of treatment or supervision.
5. If for intermittent leave or a reduced work schedule leave, the certification
should indicate that the intermittent leave or reduced leave schedule is
necessary for the care of the individual or will assist in their recovery, and
its expected duration.
G. “Certification for Family Medical (FMLA) Leave”: A written communication from a
health care provider of an employee with a serious health condition or illness to
the employer, which need not identify the serious health condition involved, but
shall contain:
1. The date, if known, on which the serious health condition commenced.
2. The probable duration of the condition.
3. A statement that the employee is unable to perform the functions of the
employee's job.
4. If for intermittent leave or a reduced work schedule leave, the certification
should indicate the medical necessity for the intermittent leave or reduced
leave schedule and its expected duration.
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H. “Comparable Position”: A position with the same or similar duties and pay which
can be performed at the same or similar geographic location as the position held
prior to the leave. Ordinarily, the job assignment will be the same duties in the
same program area located in the same city, although specific clients, caseload,
co-workers, supervisor(s), or other staffing may have changed during an
employee's leave.
15.10 Pregnancy Disability Leave.
A. How Leave Is Counted. Insofar as pregnancy disability leave is used under
subsection 13.3, paragraph B, subparagraph 4 (Sick Leave Utilization for
Pregnancy Disability), that time will not be considered a part of the eighteen (18)
week family care leave period.
B. Pregnancy Limited Duty Assignment. Once an employee has been granted
limited duty status for maternity reasons by the County, such employee may, with
specific medical verification, request and receive reassignment to a work location
which shall not require the employee to have a physical presence during the term
of the pregnancy on any living unit at juvenile hall.
15.11 Group Health Plan Coverage. Employees who were members of one of the
group health plans prior to commencement of their leave of absence can maintain their
health plan coverage with the County contribution by maintaining their employment in
pay status as described in subsection 15.12 (Leave Without Pay – Use of Accruals).
During the eighteen (18) weeks of an approved medical or family care leave under
subsection 15.5 (Family Care Leave or Medical Leave) above, the County will continue
its contribution for such health plan coverage even if accruals are not available for use
to maintain pay status as required under subsection 15.12 (Leave Without Pay – Use of
Accruals). In order to maintain such coverage, employees are required to pay timely
the full employee contribution to maintain their group health plan coverage, either
through payroll deduction or by paying the County directly.
15.12 Leave Without Pay - Use of Accruals.
A. All Leaves of Absence. During the first twelve (12) month period of any leave of
absence without pay, an employee may elect to maintain pay status each month
by using available sick leave (if so entitled under subsection 13.3 - Policies
Governing the Use of Paid Sick Leave), vacation, floating holiday, compensatory
time off or other accruals or entitlements; in other words, during the first twelve
(12) months, a leave of absence without pay may be "broken" into segments and
accruals used on a monthly basis at the employee's discretion. After the first
twelve (12) months, the leave period may not be "broken" into segments and
accruals may not be used, except when required by Long Term Disability (“LTD”)
Benefit Coordination or Sick Leave Integration or as provided in the sections
below.
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PPOACCC 53 of 106 2011-2015
B. California Family Rights Act (CFRA) and Federal Medical Leave Act (FMLA).
During the eighteen (18) weeks of an approved medical (FMLA) or family care
(CFRA) leave, if a portion of that leave will be on a leave of absence without pay,
the employee will be required to use at least 0.1 hour of sick leave (if so entitled
under subsection 13.3 - Policies Governing the Use of Paid Sick Leave),
vacation, floating holiday, compensatory time off or other accruals or entitlements
if such are available, although use of additional accruals is permitted under
subsection 15.12, paragraph A (All Leaves of Absence) above.
C. Leave of Absence/Long Term Disability (LTD) Benefit Coordination. An eligible
employee who files an LTD claim and concurrently takes a leave of absence
without pay will be required to use accruals as provided in subsection 15.12 (All
Leaves of Absence) paragraph B herein during the eighteen (18) week
entitlement period of a medical leave specified above. If an eligible employee
continues beyond the eighteen (18) week entitlement period on a concurrent
leave of absence/LTD claim, the employee may choose to maintain further pay
status only as allowed under subsection 15.12 (All Leaves of Absence)
paragraph A herein.
D. Sick leave accruals may not be used during any leave of absence, except as
allowed under subsection 13.3 (Policies Governing the Use of Paid Sick leave).
15.13 Leave of Absence Replacement and Reinstatement. Any permanent
employee who requests reinstatement to the classification held by the employee in the
same department at the time the employee was granted a leave of absence, shall be
reinstated to a position in that classification and department and then only on the basis
of seniority. In case of severance from service due to the reinstatement of a permanent
employee, the provisions of Section 10 (Workforce Reduction/Layoff/Reassignment)
shall apply.
15.14 Reinstatement From Family Care/Medical Leave. In the case of a family care
or medical leave, an employee on a 5/40 schedule shall be reinstated to the same or
comparable position if the return to work is after no more than ninety (90) work days of
leave from the initial date of a continuous leave, including use of accruals, or within the
equivalent on an alternate work schedule. A full-time employee taking an intermittent or
reduced work schedule leave shall be reinstated to the same or comparable position if
the return to work on a full schedule is after no more than seven hundred twenty (720)
hours, including use of accruals, of intermittent or reduced schedule leave. At the time
the original leave is approved, the appointing authority shall notify the employee in
writing of the final date to return to work, or the maximum number of hours of leave, in
order to guarantee reinstatement to the same or comparable position. An employee on
a schedule other than 5/40 shall have the time frame for reinstatement to the same or
comparable position adjusted on a pro rata basis.
SECTION 16 - JURY DUTY AND WITNESS DUTY
PPOACCC 54 of 106 2011-2015
15.15 Salary Review While on Leave of Absence. The salary of an employee who is
on leave of absence from a County position on any anniversary date and who has not
been absent from the position on leave without pay more than six (6) months during the
preceding year, shall be reviewed on the anniversary date. Employees on military leave
shall receive salary increments that may accrue to them during the period of military
leave.
15.16 Unauthorized Absence. An unauthorized absence from the work site or failure
to report for duty after a leave request has been disapproved, revoked, or canceled by
the appointing authority, or at the expiration of a leave, shall be without pay. Such
absence may also be grounds for disciplinary action.
15.17 Non-Exclusivity. Other MOU language on this subject, not in conflict, shall
remain in effect.
SECTION 16 - JURY DUTY AND WITNESS DUTY
16.1 Jury Duty. For purposes of this Section, jury duty shall be defined as any time
an employee is obligated to report to the court.
A. When called for jury duty, County employees, like other citizens, are expected to
discharge their jury duty responsibilities.
B. Employees shall advise their department as soon as possible if scheduled to
appear for jury duty.
C. If summoned for jury duty in a Superior or Federal Court, or a Coroner’s jury,
employees may remain in their regular County pay status, or they may take paid
leave (vacation, floating holiday, etc.) or leave without pay and retain all fees and
expenses paid to them.
D. When an employee is summoned for jury duty selection or is selected as a juror
in a Superior or Federal Court, employees may remain in a regular pay status if
they waive all fees (other than mileage), regardless of shift assignment and the
following shall apply:
1. If an employee elects to remain in a regular pay status and waive or
surrender all fees (other than mileage), the employee shall obtain from the
Clerk or Jury Commissioner a certificate indicating the days attended and
noting that fees other than mileage are waived or surrendered. The
employee shall furnish the certificate to his department where it will be
retained as a department record. An "Absence/Overtime Record" (“AOR”)
is not required.
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PPOACCC 55 of 106 2011-2015
2. An employee who elects to retain all fees must take leave (vacation,
floating holiday, etc.) or leave without pay. A court certificate is not
required but an Absence/Overtime Record (“AOR”) must be submitted to
the department payroll clerk.
E. Employees are not permitted to engage in any employment regardless of shift
assignment or occupation before or after daily jury service that would affect their
ability to properly serve as jurors.
F. An employee on short notice standby to report to court, whose job duties make
short notice response impossible or impractical, shall be given alternate work
assignments for those days to enable them to respond to the court on short
notice.
G. When an employee is required to serve on jury duty, the County will adjust that
employee's work schedule to coincide with a Monday to Friday schedule for the
remainder of their service, unless the employee requests otherwise.
H. Permanent-intermittent employees are entitled to paid jury duty leave only for
those days on which they were previously scheduled to work.
16.2 Witness Duty. Employees called upon as a witness or an expert witness in a
case arising in the course of their work or the work of another department may remain in
their regular pay status and turn over to the County all fees and expenses paid to them
other than mileage allowance or they may take vacation leave or leave without pay and
retain all fees and expenses. Employees called to serve as witnesses in private cases
or personal matters (e.g., accident suits and family relations) shall take vacation leave
or leave without pay and retain all witness fees paid to them. Retention or waiver of
fees shall be governed by the same provisions as apply to jury duty as set forth in
subsection 16.1 (Jury Duty) of this MOU. Employees shall advise their department as
soon as possible if scheduled to appear for witness duty. Permanent intermittent
employees are entitled to paid witness duty only for those days on which they were
previously scheduled to work.
SECTION 17 - HEALTH, LIFE & DENTAL CARE
17.1 Health Plan Coverage.
A. The County will provide the medical and dental coverage for permanent
employees regularly scheduled to work twenty (20) or more hours per week and
for their eligible family members, expressed in one of the Health Plan contracts
and one of the Dental Plan contracts between the County and the following
providers:
1. Contra Costa Health Plans (CCHP)
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PPOACCC 56 of 106 2011-2015
2. Kaiser Permanente Health Plan
3. Health Net
4. Delta Dental
5. DeltaCare (PMI)
Employee Co-pays for these plans are as shown on Attachment B.
17.2 Monthly Premiums
A. For each health and/or dental plan, the County’s monthly premium subsidy is a
set dollar amount and is not a percentage of the premium charged by the plan.
The County will pay the following monthly premium subsidy:
1. Contra Costa Health Plans (CCHP), Plan A
Single: $ 509.92
Family: $1,214.90
2. Contra Costa Health Plans (CCHP), Plan B
Single: $528.50
Family: $1,255.79
3. Kaiser Permanente Health Plan
Single: $478.91
Family: $1,115.84
4. Health Net HMO
Single: $627.79
Family: $1,540.02
5. Health Net PPO
Single: $604.60
Family: $1,436.25
6. Delta Dental with CCHP A or B
Single: $41.17
Family: $93.00
7. Delta Dental with Kaiser or Health Net
Single: $34.02
Family: $76.77
8. Delta Dental without a Health Plan
Single: $43.35
Family: $97.81
9. DeltaCare (PMI) with CCHP A or B
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PPOACCC 57 of 106 2011-2015
Single: $25.41
Family: $54.91
10. DeltaCare (PMI) with Kaiser or Health Net
Single: $21.31
Family: $46.05
11. DeltaCare (PMI) without a Health Plan
Single: $27.31
Family: $59.03
B. If the County contracts with a health or dental plan that is not listed above, the
County will determine the monthly dollar premium subsidy that it will pay to that
health plan for employees and their eligible family members.
C. In the event that the County premium subsidy amounts are greater than one
hundred percent (100%) of the applicable premium of any health and/or dental
plan, for any plan year, the County’s contribution will not exceed o ne hundred
percent (100%) of the applicable plan premium.
17.3 Retirement Coverage:
A. Upon Retirement:
1. Upon retirement eligible employees and their eligible family members may
remain in their County health/dental plan, but without County-paid life
insurance coverage, if immediately before their proposed retirement the
employees and dependents are either active subscribers to one of the
County contracted health/dental plans or if while on authorized leave of
absence without pay, they have retained continuous coverage during the
leave period. The County will pay the monthly premium subsidies set forth
in subsection 17.2 for eligible retirees and their eligible family members.
2. Any person who becomes age 65 on or after December 7, 2010, and who
is eligible for Medicare must immediately enroll in Medicare Parts A and B.
3. For employees hired on or after January 1, 2011, and their eligible family
members, no monthly premium subsidy will be paid by the County for any
health or dental plan after they separate from County employment.
However, any such eligible employee who retires under the Contra Costa
County Employees’ Retirement Association (“CCCERA”) may retain
continuous coverage of a county health or dental plan provided that (i) he
or she begins to receive a monthly retirement allowance from CCCERA
within one hundred twenty (120) days of separation from County
SECTION 17 - HEALTH, LIFE & DENTAL CARE
PPOACCC 58 of 106 2011-2015
employment and (ii) he or she pays the full premium cost under the health
and/or dental plan without any County premium subsidy.
B. Employees Who File For Deferred Retirement. Employees, who resign and file
for a deferred retirement and their eligible family members, may continue in their
County group health and dental plan under the following conditions and
limitations.
1. Health and dental coverage during the deferred retirement period is totally
at the expense of the employee, without any County contributions.
2. Life insurance coverage is not included.
3. To continue health and dental coverage, the employee must:
a. be qualified for a deferred retirement under the 1937 Retirement Act
provisions;
b. be an active member of a County group health and/or dental plan at
the time of filing their deferred retirement application and elect to
continue plan benefits;
c. be eligible for a monthly allowance from the Retirement System and
direct receipt of a monthly allowance within twenty-four (24) months
of application for deferred retirement; and
d. file an election to defer retirement and to continue health benefits
hereunder with the County Benefits Division within thirty (30) days
before separation from County service.
4. Deferred retirees who elect continued health benefits hereunder and their
eligible family members may maintain continuous membership in their
County health and/or dental plan group during the period of deferred
retirement by paying the full premium for health and dental coverage on or
before the 10th of each month, to the Contra Costa County Auditor-
Controller. When the deferred retirees begin to receive retirement
benefits, they will qualify for the same health and/or dental plan coverage
pursuant to paragraph (A), above, as similarly situated retirees who did not
defer retirement.
5. Deferred retirees may elect retiree health benefits hereunder without
electing to maintain participation in their County health and/or dental plan
during their deferred retirement period. When they begin to receive
retirement benefits they will qualify for the same health and/or dental
coverage pursuant to paragraph (A), above, as similarly situated retirees
who did not defer retirement are entitled, provided reinstatement to a
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County group health and/or dental plan will only occur following a three (3)
full calendar month waiting period after the month in which their retirement
allowance commences.
6. Employees who elect deferred retirement will not be eligible in any event
for County health or dental plan subvention unless the member draws a
monthly retirement allowance within twenty-four (24) months after
separation from County service.
7. Deferred retirees and their eligible family members are required to meet
the same eligibility provisions for health/dental plans as similarly situated
retirees who did not defer.
C. Employees Hired After December 31, 2006 - Eligibility for Retiree Health
Coverage: All employees hired after December 31, 2006 are eligible for retiree
health/dental coverage pursuant to subsection 17.3 (Retirement Coverage)
paragraphs (A) and (B), above, upon completion of fifteen (15) years of service
as an employee of Contra Costa County. For purposes of retiree health eligibility,
one (1) year of service is defined as one thousand (1,000) hours worked within
one anniversary year. The existing method of crediting service while an
employee is on an approved leave of absence will continue for the duration of this
Agreement.
D. Subject to the provisions of subsection 17.3 (Retirement Coverage) paragraphs
A, B, and C and upon retirement, the following employees (and their eligible
family members) are eligible to receive a monthly premium subsidy for health and
dental plans or are eligible to retain continuous coverage of such plans:
employees, and each employee who retires from a position or classification that
was represented by this bargaining unit at the time of his or her retirement.
E. For purposes of this subsection 17.3 (Retirement Coverage) only, ‘eligible family
members’ does not include Survivors of employees or retirees.
17.4 Health Plan Coverages and Provisions. The following provisions are
applicable regarding County Health and Dental Plan participation:
A. Health, Dental and Life Participation by Other Employees: Permanent part-time
employees working nineteen (19) hours per week or less may participate in the
County Health and/or Dental plans (with the associated life insurance benefit) at
the employee’s full expense.
B. Coverage Upon Separation: An employee who separates from County
employment is covered by his/her County health and/or dental plan through the
last day of the month in which he/she separates. Employees who separate from
County employment may continue group health and/or dental plan coverage to
the extent provided by the COBRA laws and regulations.
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PPOACCC 60 of 106 2011-2015
17.5 Family Member Eligibility Criteria: The following persons may be enrolled as
the eligible Family Members of a medical or dental plan Subscriber:
A. Health Insurance
1. Eligible Dependents:
a. Employee’s Legal Spouse
b. Employee’s qualified domestic partner
c. Employee’s child to age 26
d. Employee’s Disabled Child who is:
(1) over age 26,
i. Unmarried; and,
ii. Incapable of sustaining employment due to a physical
or mental disability that existed prior to the child’s
attainment of age 19.
2. “Employee’s child” includes natural child, child of a qualified domestic
partner, step-child, adopted child
and a child specified in a Qualified Medical Child Support Order (QMCSO)
or similar court order.
B. Dental Insurance
1. Eligible Dependents:
a. Employee’s Legal Spouse
b. Employee’s qualified domestic partner
c. Employee’s unmarried child who is:
(1) Under age 19; or
(2) Age 19, or above, but under age 24; and,
i. Resides with the Employee for more than 50% of the
year excluding time living at school; and,
ii. Receives at least 50% of support from Employee;
and,
iii. Is enrolled and attends school on a full-time basis, as
defined by the school.
d. Employee’s Disabled Child who is:
(1) Over age 19,
i. Unmarried; and,
ii. Incapable of sustaining employment due to a physical
or mental disability that existed prior to the child’s
attainment of age 19.
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PPOACCC 61 of 106 2011-2015
2. “Employee’s child” includes natural child, child of a qualified domestic
partner, step-child, adopted child and a child specified in a Qualified
Medical Child Support Order (QMCSO) or similar court order.
17.6 Dual Coverage.
A. Each employee and retiree may be covered only by a single County health (or
dental) plan, including a CalPERS plan. For example, a County employee may
be covered under a single County health and/or dental plan as either the primary
insured or the dependent of another County employee or retiree, but not as both
the primary insured and the dependent of another County employee or retiree.
B. All dependents, as defined in Section 17.5, Family Member Eligibility Criteria,
may be covered by the health and/or dental plan of only one spouse or one
domestic partner. For example, when both husband and wife are County
employees, all of their eligible children may be covered as dependents of either
the husband or the wife, but not both.
C. For purposes of this subsection 17.6 (Dual Coverage) only, “County” includes the
County of Contra Costa and all special districts governed by the Board of
Supervisors, including, but not limited to, the Contra Costa County Fire Protection
District.
17.7 Life Insurance Benefit Under Health and Dental Plans. For employees who
are enrolled in the County’s program of medical or dental coverage as either the primary
or the dependent, term life insurance in the amount of ten thousand dollars ($10,000)
will be provided by the County.
17.8 Supplemental Life Insurance. In addition to the life insurance benefits provided
by this agreement, employees may subscribe voluntarily and at their own expense for
supplemental life insurance. Employees may subscribe for an amount not to exceed
five hundred thousand dollars ($500,000), of which one hundred thousand ($100,000) is
a guaranteed issue, provided the election is made within the required enrollment
periods.
17.9 Health Care Spending Account. After six (6) months of permanent
employment, full and part-time (20/40 or greater) employees may elect to participate in
a Health Care Spending Account (HCSA) Program designated to qualify for tax savings
under Section 125 of the Internal Revenue Code, but such savings are not guaranteed.
The HCSA Program allows employees to set aside a predetermined amount of money
from their pay, not to exceed the maximum amount authorized by federal law, per
calendar year, of before tax dollars, for health care expenses not reimbursed by any
other health benefit plans. HCSA dollars may be expended on any eligible medical
expenses allowed by Internal Revenue Code Section 125. Any unused balance is
forfeited and cannot be recovered by the employee.
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17.10 PERS Long-Term Care. The County will deduct and remit monthly premiums to
the PERS Long-Term Care Administrator for employees who are eligible and voluntarily
elect to purchase long-term care at their personal expense through the PERS Long-
Term Care Program.
17.11 Dependent Care Assistance Program. The County offers the option of
enrolling in a Dependent Care Assistance Program (DCAP) designed to qualify for tax
savings under Section 129 of the Internal Revenue Code, but such savings are not
guaranteed. The program allows employees to set aside a predetermined amount of
annual salary not to exceed the lesser of either five thousand dollars ($5,000), or the
maximum amount authorized by federal law, per calendar year, of before tax dollars to
pay for eligible dependent care (child and elder care) expenses. Any unused balance is
forfeited and cannot be recovered by the employee.
17.12 Premium Conversion Plan. The County offers the Premium Conversion Plan
(PCP) designed to qualify for tax savings under Section 125 of the Internal Revenue
Code, but tax savings are not guaranteed. The program allows employees to use pre-
tax dollars to pay health and dental premiums.
17.13 Prevailing Section. To the extent that any provision of this Section 17 (Health,
Life and Dental Care) is inconsistent with any provision of any other County enactment
or policy, including but not limited to Administrative Bulletins, the Salary Regulations,
the Personnel Management Regulations, or any other agreement or order of the Board
of Supervisors, the provision(s) of this Section 17 (Health, Life and Dental Care) will
prevail.
17.14 Rate Information. The County Benefits Division will make health and dental
plan rate information available upon request to employees and departments. In
addition, the County Benefits Division will publish and distribute to employees and
departments information about rate changes as they occur during the year.
17.15 Partial Month. The County's contribution to the health plan premium is payable
for any month in which the employee is paid. If an employee is not paid enough
compensation in a month to pay the employee share of the premium, the employee
must make up the difference by remitting the amount delinquent to the Auditor-
Controller. The responsibility for this payment rests with the employee. If payment is
not made, the employee shall be dropped from the health plan.
17.16 Coverage During Absences. Employees shall be allowed to maintain their
health plan coverage at the County group rate for twelve (12) months if on approved
leave of absence provided that the employee shall pay the entire premium (i.e. both
employer and employee share) for the health plan during said leave. Said payment
shall be made by the employee at a time and place specified by the County. Late
payment shall result in cancellation of health plan coverage.
SECTION 18 - PROBATIONARY PERIOD
PPOACCC 63 of 106 2011-2015
An employee on leave in excess of twelve (12) months may continue group coverage
subject to the provisions of the Consolidated Omnibus Budget Reconciliation Act
(COBRA) provided the employee pays the entire cost of coverage, plus any
administrative fees, for the option selected. The entire cost of coverage shall be paid at
a place and time specified by the County. Late payment may result in cancellation of
health plan coverage with no reinstatement allowed.
17.17 Child Care. The County will continue to support the concept of non-profit child
care facilities similar to the “Kid’s at Work” program established in the Public Works
Department.
SECTION 18 - PROBATIONARY PERIOD
18.1 Duration. All appointments from officially promulgated employment lists for
original entrance and promotion shall be subject to a probationary period. The
probationary period shall be twelve (12) months for original entrance appointments and
promotional appointments.
18.2 Revised Probationary Period. When the probationary period for a class is
changed, only new appointees to positions in the classification shall be subject to the
revised probationary period.
18.3 Criteria. The probationary period shall date from the time of appointment to a
permanent position after certification from an eligible list. It shall not include time served
under provisional appointment or under appointment to limited term positions or any
period of continuous leave of absence without pay or period of work connected disability
exceeding fifteen (15) calendar days. For those employees appointed to permanent-
intermittent positions with a nine (9) month probation period, probation will be
considered completed upon serving fifteen hundred (1500) hours after appointment
except that in no instance will this period be less than nine (9) calendar months from the
beginning of probation. If a permanent-intermittent probationary employee is
reassigned to full-time, credit toward probation completion in the full-time position shall
be prorated on the basis of one hundred seventy-three (173) hours per month.
18.4 Rejection During Probation/Appeal.
A. An employee who is rejected during the probation period and restored to the
eligible list shall begin a new probationary period if subsequently certified and
appointed.
B. Notwithstanding any other provisions of this section, an employee (probationer)
shall have the right to appeal from any rejection during the probationary period
based on political, or religious or Association activities, or race, color, national
origin, sex, age, disability, or sexual orientation.
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C. The appeal must be written, must be signed by the employee and set forth the
grounds and facts by which it is claimed that grounds for appeal exist under
subsection 18.4 (Rejection During Probation/Appeal) paragraph B and must be
filed through the Director of Human Resources to the Merit Board by 5:00 p.m. on
the seventh (7th) calendar day after the date of delivery to the employee of notice
of rejection.
D. The Merit Board shall consider the appeal, and if it finds probable cause to
believe that the rejection may have been based on grounds prohibited in
subsection 18.4 (Rejection During Probation/Appeal) paragraph B, it may refer
the matter to a Hearing Officer for hearing, recommended findings of fact,
conclusions of law and decision, pursuant to the relevant provisions of the Merit
Board rules in which proceedings the rejected probationer has the burden of
proof.
E. If the Merit Board finds no probable cause for a hearing, it shall deny the appeal.
If, after hearing, the Merit Board upholds the appeal, it shall direct that the
appellant be reinstated in the position and the appellant shall begin a new
probationary period unless the Merit Board specifically reinstates the former
period.
18.5 Regular Appointment. The regular appointment of a probationary employee
shall begin on the day following the end of the probationary period, subject to the
condition that the Director of Human Resources receive from the appointing authority a
statement in writing that the services of the employee during the probationary period
were satisfactory and that the employee is recommended for permanent appointment.
A probationary employee may be rejected at any time during the probation period
without regard to the Skelly provisions of this Memorandum, without notice and without
right of appeal or hearing. If the appointing authority has not returned the probation
report, a probationary employee may be rejected from the service within a reasonable
time after the probation period for failure to pass probation. If the appointing authority
fails to submit in a timely manner the proper written documents certifying that a
probationary employee has served in a satisfactory manner and later acknowledges it
was his or her intention to do so, the regular appointment shall begin on the day
following the end of the probationary period.
Notwithstanding any other provisions of the MOU, an employee rejected during the
probation period from a position in the Merit System to which the employee had been
promoted or transferred from an eligible list, shall be restored to a position in the
department from which the employee was promoted or transferred. An employee
dismissed for other than disciplinary reasons within six (6) months after being promoted
or transferred from a position in the Merit System to a position not included in the Merit
System shall be restored to a position in the classification in the department from which
the employee was promoted or transferred.
SECTION 19 - PROMOTION
PPOACCC 65 of 106 2011-2015
A probationary employee who has been rejected or has resigned during probation shall
not be restored to the eligible list from which the employee was certified unless the
employee receives the affirmative recommendation from the appointing authority and is
certified by the Director of Human Resources whose decision is final. The Director of
Human Resources shall not certify the name of a person restored to the eligible list to
the same appointing authority by whom the person was rejected from the same eligible
list, unless such certification is requested in writing by the appointing authority.
18.6 Layoff During Probation. An employee who is laid off during probation, if
reemployed in the same class by the same department, shall be required to complete
only the balance of the required probation. If reemployed in another department or in
another classification, the employee shall serve a full probationary period. An employee
appointed to a permanent position from a layoff or reemployment list is subject to a
probation period if the position is in a department other than the department from which
the employee separated, displaced, or voluntarily demoted in lieu of layoff. An
appointment from a layoff or reemployment list is not subject to a probation period if the
position is in the department from which the employee separated, displaced or
voluntarily demoted in lieu of layoff.
18.7 Rejection During Probation of Layoff Employee. An employee who has
achieved permanent status in the class before layoff and who subsequently is appointed
from the layoff list and then rejected during the probation period shall be automatically
restored to the layoff list, unless discharged for cause, if the person is within the period
of layoff eligibility. The employee shall begin a new probation period if subsequently
certified and appointed in a different department or classification than that from which
the employee was laid off.
18.8 Discussion of Continuous Testing. Upon receipt of a request by the
Association, the Human Resources Department agrees to meet to discuss the issues
related to continuous testing and the frequency of such testing regarding specific
classifications.
SECTION 19 - PROMOTION
19.1 Competitive Exam. Promotion shall be by competitive examination unless
otherwise provided in this MOU.
19.2 Promotion Policy. The Director of Human Resources, upon request of an
appointing authority, shall determine whether an examination is to be called on a
promotional basis.
19.3 Open Exam. If an examination for one of the classes represented by the
Association is proposed to be announced on an Open only basis the Director of Human
Resources shall give five (5) days prior notice of such proposed announcement and
SECTION 19 - PROMOTION
PPOACCC 66 of 106 2011-2015
shall meet at the request of the Association to discuss the reasons for such open
announcement.
19.4 Promotion via Reclassification Without Examination. Notwithstanding other
provisions of this Section, an employee may be promoted from one classification to a
higher classification and his/her position reclassified at the request of the appointing
authority and under the following conditions:
A. An evaluation of the position(s) in question must show that the duties and
responsibilities have significantly increased and constitute a higher level of work.
B. The incumbent of the position must have performed at the higher level for six (6)
months.
C. The incumbent must meet the minimum education and experience requirements
for the higher class.
D. The action must have approval of the Director of Human Resources.
E. The Association approves such action. The appropriate rules regarding
probationary status and salary on promotion are applicable.
19.5 Requirements for Promotional Standing. In order to qualify for an examination
called on a promotional basis, an employee must have probationary or permanent
status in the merit system and must possess the minimum qualifications for the class.
Applicants will be admitted to promotional examinations only if the requirements are met
on or before the final filing date. If an employee who is qualified on a promotional
employment list is separated from the merit system, except by layoff, the employee's
name shall be removed from the promotional list.
19.6 Seniority Credits. Employees who have qualified to take promotional
examinations and who have earned a total score, not including seniority credits, of
seventy (70) percent or more, shall receive, in addition to all other credits, five one-
hundredths of one percent (.05%) for each completed month of service as a permanent
County employee continuously preceding the final date for filing application for said
examination. For purposes of seniority credits, leaves of absence shall be considered
as service. Seniority credits shall be included in the final percentage score from which
the rank on the promotional list is determined. No employee, however, shall receive
more than a total of five percent (5%) credit for seniority in any promotional
examination.
19.7 Release Time for Physical Examination. County employees who are required
as part of the promotional examination process to take a physical examination shall do
so on County time at the County’s expense.
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19.8 Release Time for Examinations. Permanent employees will be granted
reasonable time from work without loss of pay to take County examinations or to go to
interviews for a County position provided the employees give the Department sufficient
notice of the need for time off. “Reasonable” release time shall include time for travel
and interviewing/testing.
19.9 Psychological Exams. Applicants who currently occupy a permanent peace
officer position in the Probation Department will not be required to complete the
psychological screening or background investigation to promote to other peace officer
positions in the Probation Department. Specifically, permanent Probation Counselors
participating in the current promotional Deputy Probation Officer II examination will not
be required to complete either psychological screening or a background investigation.
Individuals who have only temporary Probation Counselor time with the County will be
required to complete the full scale psychological and background investigation.
SECTION 20 - POSTING OF VACANCIES AND REASSIGNMENT
20.1 Voluntary Reassignment – Probation Counselors. The following terms shall
govern the voluntary reassignment of Probation Counselors:
A. Responsibility. For Implementation. Implementation of the posting and
reassignment procedures is the responsibility of the Probation Manager assigned
responsibility for the Personnel Unit for Institutions and Treatment Programs.
B. Posting of Probation Counselor Vacancies.
1. Positions Must Be Posted. All vacant Probation Counselor positions which
may occur by creation of new positions, separation, promotion, demotion
or reassignment must be posted for permanent employee bidding.
2. Order of Posting. When a vacancy occurs within a Probation Counselor
classifications within Juvenile Institutions or treatment programs, that
vacancy (shift schedule) will be posted in all Juvenile Institutions and
Treatment Programs. Selection procedures and criteria shall be as
provided in subsection 20.1 (Voluntary Reassignment – Probation
Counselors) paragraphs F (Interviews and Withdrawal) and G (Selection
Criteria for Probation Counselor Vacancies) below.
3. Duration of Posting. A vacant Probation Counselor position notice shall be
posted for seven (7) calendar days. The notice shall specify job
characteristics and shall be posted only once.
4. Posting Locations. When a vacancy occurs within a Probation Counselor
unit, that vacancy (including shift schedule) will be posted on bulletin
boards in or near employee work areas throughout the department.
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5. Reasons For Not Posting. If a vacant Probation Counselor position in a
juvenile institution is not posted within thirty (30) days, a notice of the
reasons why not shall be posted.
C. Eligibility to Bid for Reassignment.
1. Definition of Bidder. For purposes of this procedure, a bidder is an
employee in the same classification series who is eligible to bid under this
subsection 20.1 (Voluntary Reassignment – Probation Counselors)
paragraph C (Eligibility to Bid for Reassignment) who meets all the
minimum qualifications for the position including any specialized
requirements such as bilingual ability, position flag requirements, and who
submits a bid on the position.
2. Bearing of Status on Eligibility To Request Reassignment.
a. All permanent full-time, permanent part-time or permanent
intermittent employees may request reassignment to any open
permanent position in the same classification anywhere else in the
Department.
b. Employees who are in a temporary status or provisionally appointed
to a permanent position may not bid for reassignment under this
procedure.
c. Employees who are on probation or who have been in a new work
assignment for less than three (3) months may bid for a vacant
position which is open. However, the bid will be considered if, when
bidding is closed, there are less than three (3) employees who are
not on probation or in new assignments who have bid for the
position. Bids from employees on probation or in new assignments
will be in addition to any names referred to the department through
the certification process described in Section 20.1.E (Order of
Candidate Consideration) paragraph 2 below. Probation
Counselors who have completed three (3) months of their one (1)
year probation may bid the same as all other permanent employees.
D. Bid Procedures.
1. Employees will inform the Administrative Probation Manager of their
interest in a posted Probation Counselor vacancy via the Reassignment
Request form.
2. Bidding While on Leave. Employees interested in a particular assignment
and wishing to be notified of an open position while on vacation, sick leave
SECTION 20 - POSTING OF VACANCIES AND REASSIGNMENT
PPOACCC 69 of 106 2011-2015
or leave of absence (not scheduled day off) may leave a written notice or a
self-addressed, stamped envelope with the supervisor of the position they
are interested in. It is not the unit supervisor’s responsibility to contact an
employee who is not working (i.e. sick leave, vacation, leave of absence,
worker’s compensation, etc.)
E. Order of Candidate Consideration.
1. If three (3) or more eligible bidders apply for a Probation Counselor
vacancy only the three (3) most senior bidders will be considered.
2. If less than three (3) Probation Counselors bid for a Probation Counselor
vacancy or less than three (3) bidders are eligible for the position, the
Probation Manager may add names from the Merit System eligibility list to
ensure the creation of a three (3) candidate pool.
F. The selected employee will not be eligible to bid for another vacancy for six (6)
months from the start date of the new assignment.
G. Interviews.
1. Withdrawal. Candidates have the option of withdrawing from the
reassignment process at any time prior to the interview. Once the
interview is held, the selected candidate is obligated to accept the
reassignment.
2. Interviews.
a. For purposes of selection, the interview panel will consider the three
(3) most senior candidates as equals. For the purposes of bidder
selection, the "Rule of 3" shall apply. That is, the supervisor is
entitled to select from three (3) candidates and the three (3) most
senior may be considered as equal. Seniority for bidding purposes
means classification series seniority.
b. The supervisor shall offer to interview all candidates either in person
or on the telephone. Subsequent to submitting a bid, an employee
may waive consideration for the position at any time by notifying the
supervisor verbally or in writing in which case the next most senior
bidder (if any) or candidate from the eligible list may be considered.
The remaining active bidders will be advised within ten (10) work
days after the posting is removed whether they have been selected
or the status of their bid. If requested by the employee, supervisors
shall give an employee in writing the reason(s) why he or she was
not selected.
SECTION 20 - POSTING OF VACANCIES AND REASSIGNMENT
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H. Selection Criteria for Probation Counselor Vacancies. The criteria to be
considered by the unit supervisor in making the selection for a Probation
Counselor vacancy are:
1. Applicant’s suitability for the position, including training and experience.
2. The assessment of the applicant’s performance in the position held at the
time of the consideration for reassignment.
3. Length of service in the unit.
I. Bidder’s Remorse. The selected employee shall have no claim on the job(s) he
or she left. If a decision is made by the employee to seek immediate
reassignment, the employee may only be placed in another vacant position in
accordance with this policy.
20.2. Voluntary Reassignment – Probation Officers. The following terms of this
Section B shall govern the voluntary reassignment of Probation Officers.
A. Responsibility For Implementation. Implementation of the posting and
reassignment procedures is the responsibility of the Probation Manager assigned
responsibility for the Personnel Unit for Probation Officer operations.
B. Notice of Vacant Probation Officer Positions.
1. Notice Required. Notice shall be given in the manner provided below to
employees of all vacant Probation Officer positions which may occur by
creation of new positions, separation, promotion, demotion or
reassignment.
2. Notice Through Pre-Posting Polling: Once a determination is made that a
vacancy is to be filled the manager overseeing the position shall informally
poll all Probation Officers he or she supervises in the work unit in which
the vacancy exists to determine whether a Probation Officer in the unit
desires reassignment to the vacancy. If one (1) or more Probation Officers
within the supervisor’s work unit desire reassignment to the vacancy, the
vacancy shall be filled in the manner provided in subsection 20.2
(Voluntary Reassignment – Probation Officers) paragraph E subparagraph
1 below.
This subsection 20.2 B (2) does not apply to Deputy Probation Officer
positions in the Adult Branch Court.
3. Post-Polling Email Notice. If no Probation Officer in the Unit expresses
interest in and is reassigned to the vacancy as a result of the polling
process, the manager shall initiate a notice announcing the opening. The
SECTION 20 - POSTING OF VACANCIES AND REASSIGNMENT
PPOACCC 71 of 106 2011-2015
Departmental Personnel Clerk will distribute an e-mail version of the
Posting Notice to “PROB-All Staff” in the departmental address book.
C. Eligibility To Bid For Reassignment.
1. Definition of Bidder. For purposes of this procedure, a bidder is an
employee in the same class who is eligible to bid under this subsection
20.2 (Voluntary Reassignment – Probation Officers) paragraph C
(Eligibility To Bid For Reassignment) who meets all the minimum
qualifications for the position including any specialized requirements such
as bilingual ability, position flag requirements, and who submits a bid on
the position.
2. Bearing of Status on Eligibility To Request Reassignment.
a. All permanent full-time, permanent part-time or permanent
intermittent employees may request reassignment to any open
permanent position in the same classification anywhere else in the
Department.
b. Employees who are in a temporary status or provisionally appointed
to a permanent position may not bid for reassignment under this
procedure.
c. Probationary and New Assignment Bidding. Employees who are on
probation or who have been in a new work assignment for less than
three (3) months may bid for a vacant position which is open.
However, the bid will be considered if, when bidding is closed, there
are less than three (3) employees who are not on probation or in
new assignments who have bid for the position. Bids from
employees on probation or in new assignments will be in addition to
any names referred to the department through the certification
process described in Subsection 20.2.E (Order of Candidate
Consideration) paragraph 2 below.
d. Newly appointed Probation Officers are eligible to apply for
voluntary reassignment after they have served two (2) years in their
assignment. Permanent employees accepting a voluntary
reassignment are expected to remain in that assignment for at least
one (1) year.
D. Bid Procedures.
1. Except during the polling process described in subsection 20.2 (Voluntary
Reassignment – Probation Officers) paragraph B subparagraph 2 (Notice
Through Pre-Posting Polling) above, employees interested in a Probation
SECTION 20 - POSTING OF VACANCIES AND REASSIGNMENT
PPOACCC 72 of 106 2011-2015
Officer position shall submit a written request/email to the Personnel Clerk
identifying his or her interest in the posted position before the position
closes.
2. Bidding While on Leave. Employees interested in a particular assignment
and wishing to be notified of an open position while on vacation, sick leave
or leave of absence (not scheduled day off) may leave a written notice or a
self-addressed, stamped envelope with the supervisor of the position they
are interested in. It is not the unit supervisor’s responsibility to contact an
employee who is not working (i.e. sick leave, vacation, leave of absence,
worker’s compensation, etc.).
E. Order of Candidate Consideration.
1. If, during polling conducted pursuant to Section 20.2 (Voluntary
Reassignment – Probation Officers) paragraph B subparagraph 2 (Notice
Through Pre-Posting Polling) above, a Probation Officer in the unit
containing the vacancy expresses to his or her Supervisor a desire for the
vacancy, he or she shall be granted the reassignment unless more than
one Probation Officer in the Unit desires the vacancy. In such latter case,
the most senior interested Probation Officer in the unit shall be granted the
reassignment. In either case, no further selection procedures shall be
required. However, if no Probation Officer in the unit desires the vacancy,
it shall be filled in accordance with Sections 20.2 (Voluntary Reassignment
– Probation Officers) paragraphs E (Order of Candidate Consideration)
through H (Consideration of Otherwise Ineligible Bidders for Probation
Officer Vacancies) below.
2. If a Probation Officer vacancy is not filled through polling as described in
Subsection 20.2 (Voluntary Reassignment – Probation Officers) paragraph
B subparagraph 2 (Pre-Posting Polling) above, and after department-wide
posting there are less than three (3) eligible applicants for a Probation
Officer position, the Department may consider all candidates with less than
the required time in an assignment, who have applied. If there are still less
than three (3) candidates, the department may interview candidates from
the existing eligible lists.
3. If, as a result of posting pursuant to subsection 20.2.B.3 (Post-Polling
Posting and Email Notice) above, three (3) or more eligible bidders apply
for a Probation Officer vacancy from within the unit containing the vacancy,
only the three (3) most senior bidders will be considered.
F. Interviews and Withdrawal.
1. Withdrawal. Candidates have the option of withdrawing from the
reassignment process at any time prior to the interview. Once the
SECTION 20 - POSTING OF VACANCIES AND REASSIGNMENT
PPOACCC 73 of 106 2011-2015
interview is held, the selected candidate is obligated to accept the
reassignment.
2. Interviews.
a. The supervisor may begin interviewing bidders immediately upon
posting the bid notice. However, no more than three (3) candidates
may be interviewed for a posted position.
b. For purposes of selection, the interview panel will consider the three
(3) most senior candidates as equals. For the purposes of bidder
selection, the "Rule of 3" shall apply. That is, the supervisor is
entitled to select from three (3) candidates and the three (3) most
senior may be considered as equal. Seniority for bidding purposes
means classification series seniority.
c. The supervisor shall offer to interview all candidates either in person
or on the telephone. Subsequent to submitting a bid, an employee
may waive consideration for the position at any time by notifying the
supervisor verbally or in writing in which case the next most senior
bidder (if any) or candidate from the eligible list may be considered.
The remaining active bidders will be advised within ten (10) work
days after the posting is removed whether they have been selected
or the status of their bid. If requested by the employee, supervisors
shall give an employee in writing the reason(s) why he or she was
not selected.
d. No more than three (3) candidates may be interviewed for a posted
position.
G. Selection Criteria for Probation Officer Vacancies. The criteria to be used in
making selection from among applicants for reassignments are as follows:
1. The Department’s responsibility to the Court, clients and community.
2. Applicant’s suitability for the position, including training and experience.
3. An assessment of the applicant’s performance in the position held at the
time of consideration for reassignment.
4. Length of service in the Department.
H. Consideration of Otherwise Ineligible Bidders for Probation Officer Vacancies. All
vacant Probation Officer positions shall be filled in accordance with the criteria in
Subsection 20.2.G (Selection Criteria for Probation Officer Vacancies)
immediately above by an employee who has requested to be reassigned to the
SECTION 20 - POSTING OF VACANCIES AND REASSIGNMENT
PPOACCC 74 of 106 2011-2015
position. However, if the Department considers candidates with less than the
required time in an assignment pursuant to subsection 20.2 (Voluntary
Reassignment – Probation Officers) paragraph E (Order of Candidate
Consideration) subparagraph 2 above the needs of the Department will be the
primary factor.
I. Bidder’s Remorse. The selected employee shall have no claim on the job(s) he
or she left. If a decision is made by the employee to seek immediate
reassignment, the employee may only be placed in another vacant position in
accordance with this policy.
J. Assignment Trades – Probation Officers. Requests for “trades” in assignments
between two Probation Officers in the same classification holding comparable
positions where no vacancies exist can be made to their respective Managers.
Such requests shall indicate the names of both parties of the proposed trade
together with the reasons for the trade. If more than one Manager is involved,
the Managers shall confer and, if necessary, interview the persons requesting the
trade.
20.3 Involuntary Administrative Reassignment Procedure – Probation
Counselors. The below listed procedure shall apply to Probation Counselors.
Department management, at its sole discretion, may determine from time to time that
involuntary reassignments of staff are required. Involuntary reassignments are the
reassignments of permanent employees in their existing classification to a new worksite,
shift, or program area. Such decisions may result from inability to fill a vacancy through
the voluntary reassignment procedure or from a determination that excess staff are
allocated to a certain site, shift, or program. When such decisions are made and the
reassignments are permanent, the below listed procedure shall apply. This policy shall
not apply to temporary reassignments of less than eight (8) weeks duration to cover
such things as vacation relief, sick leave absences, temporary shifts in workload,
training assignments, or temporary short term assignments to cover vacant positions
which could not be filled through the voluntary reassignment policy and for which
actions are underway to fill permanent from an eligible list. If a temporary reassignment
is expected to exceed eight (8) weeks in duration, the affected department shall either
use the below listed procedure or will meet and confer with the Association on a case by
case basis regarding an alternative approach:
A. Management will identify the classifications and positions from which
reassignments are necessary.
B. Affected employees will be provided with a list of vacancies/ assignments for
which they may apply.
C. Affected employees shall be given the opportunity to volunteer for the available
vacancies/assignments and shall be considered in accordance with Part f. of the
voluntary reassignment procedure.
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PPOACCC 75 of 106 2011-2015
D. If there are insufficient volunteers for the number of available positions or no
volunteers, and involuntary reassignments are still required, the least senior
qualified affected employee shall be reassigned to the vacant assignment
identified by management, followed by the next least senior employee, and so on
in inverse order of seniority until all necessary reassignments are completed.
Qualified is defined as a person possessing the necessary training or experience
for the specific assignment. Seniority for involuntary reassignment purposes
shall be defined as seniority within classification. Nothing contained in this
Section shall prohibit the Department and the Association from making a mutually
agreed upon alternative arrangement. In no event shall reassignments be
utilized for disciplinary purposes.
20.4 Administrative Reassignments - Probation Officers.
A. The appointing authority may assign an employee from one position to another
position in the same series within the department. Administrative reassignments
may be required from time to time to facilitate Department functions and
efficiency.
These involuntary reassignments may be for such purposes as adjusting
workload levels, accommodating changes in funding, filling assignments with
special requirements, etc. The following procedure shall only apply to permanent
reassignments and is not intended to apply to temporary assignments to cover
sick leave, training assignments, vacation, etc.
1. Management will identify the classification and position(s) from which
reassignment are necessary.
2. Affected employees will be provided a list of assignments for which they
may apply.
3. Affected employees shall be given an opportunity to volunteer for
vacancies and shall be reassigned on the basis of series seniority.
4. If there are no volunteers for reassignment, the least senior employee(s)
(based on series seniority) in the affected work unit shall be reassigned.
5. The department will provide the affected employee with as much advance
notice as possible.
6. Employees administratively reassigned shall not be precluded from bidding
on future open positions via the Department Reassignment Process.
7. Nothing contained in this section shall prohibit the Department and the
Association from making a mutually agreed upon alternative arrangement.
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B. Involuntary reassignments are the reassignment of permanent employees in their
existing classification to a new worksite, shift or program area. Involuntary
reassignments shall not be utilized for disciplinary purposes. Nothing contained
in this section shall prohibit the reassignment of a Deputy Probation Officer who
is not meeting the job expectations of another agency or department to which that
the Probation Officer is assigned.
20.5 Reassignment Due to Layoff or Displacement. When reassignment of an
employee or employees is necessary due to layoff or displacement, the following
procedures shall be followed:
A. A list of vacant positions shall be posted in work areas of all affected employees
for a minimum of five (5) work days.
B. Employees shall be given the opportunity to volunteer for vacancies and shall be
reassigned on the basis of seniority.
C. If there are no volunteers for reassignment, the least senior employee(s) in that
class shall be reassigned.
D. Management shall have the sole prerogative to select the vacancy to which the
least senior employee(s) shall be reassigned. Seniority for reassignment
purposes shall be defined as (in Section 10.2, Workforce
Reduction/Layoff/Reassignment, subsection 10.2, Separation Through Layoff,
paragraph E, Seniority) seniority within classification. If reduction or
reassignment by site is necessary, the least senior employee in the affected class
at the site shall be reassigned. If reduction or reassignment is necessary by shift,
the least senior employee in the affected class assigned to the affected shift shall
be reassigned. Nothing contained in this Section shall prohibit a Department and
the Association from making a mutually agreed upon alternative arrangement.
SECTION 21 – RESIGNATIONS
21.1 Resignation Procedure. An employee's voluntary termination of service is a
resignation. Written resignations shall be forwarded to the Human Resources
Department by the appointing authority immediately on receipt, and shall indicate the
effective date of termination. Oral resignation shall be immediately confirmed by the
appointing authority in writing to the employee and to the Human Resources
Department and shall indicate the effective date of termination.
21.2 Resignation in Good Standing. A resignation giving the appointing authority
written notice at least two (2) weeks in advance of the last date of service (unless the
appointing authority requires a longer period of notice, or consents to the employee's
terminating on shorter notice) is a resignation in good standing.
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21.3 Constructive Resignation. A constructive resignation occurs and is effective
when:
A. An employee has been absent from duty for five (5) consecutive working days
without leave; and
B. Five (5) more consecutive work days have elapsed without response by the
employee after the receipt of a registered or certified letter citing a notice of
resignation by the appointing authority to the employee at the employee's last
known address, but no more than ten (10) working days from mailing of said
notice.
21.4 Effective Resignation. A resignation is effective when delivered or spoken to
the appointing authority, operative on that date or another date specified. An employee
who resigns without advance notice, as set forth in subsection 21.2 (Resignation in
Good Standing), may seek rescission of the resignation and reinstatement by delivering
an appeal in writing to the Human Resources not later than close of business on the
third (3rd) calendar day after the resignation is effective. Within five (5) work days of
receipt of the appeal, the Director of Human Resources shall consider the appeal and
render a final and binding decision including, if applicable, the date of reinstatement.
21.5 Revocation. A resignation that is effective is revocable only by written
concurrence of the employee and the appointing authority.
21.6 Coerced Resignations.
A. Time Limit. A resignation which the employee believes has been coerced by the
appointing authority may be revoked within seven (7) calendar days after its
expression, by serving written notice on the Director of Human Resources and a
copy to the appointing authority.
B. Reinstatement. If the appointing authority acknowledges that the employee could
have believed that the resignation was coerced, it shall be revoked and the
employee returned to duty effective on the day following the appointing
authority's acknowledgment without loss of seniority or pay.
C. Contest. Unless, within seven (7) days of the receipt of the notice, the appointing
authority acknowledges that the resignation could have been believed to be
coerced, this question should be handled as an appeal to the Merit Board. In the
alternative, the employee may file a written election with the Director of Human
Resources waiving the employee's right of appeal to the Merit Board in favor of
the employee's appeal rights under the grievance procedure contained in Section
23 of the MOU beginning with Step 3.
SECTION 22 - DISMISSAL, SUSPENSION, TEMPORARY REDUCTION
IN PAY, AND DEMOTION
PPOACCC 78 of 106 2011-2015
D. Disposition. If a final decision is rendered that determines that the resignation
was coerced, the resignation shall be deemed revoked and the employee
returned to duty effective on the day following the decision but without loss of
seniority or pay, subject to the employee's duty to mitigate damages.
SECTION 22 - DISMISSAL, SUSPENSION, TEMPORARY REDUCTION IN PAY, AND
DEMOTION
22.1 Sufficient Cause for Action. The appointing authority may dismiss, suspend,
temporarily reduce the pay of, or demote any employee for cause. The reduction in pay
may not exceed five percent (5%) for a three (3) month period. The following are
sufficient causes for such action; the list is indicative rather than inclusive of restrictions
and dismissal, suspension or demotion may be based on reasons other than those
specifically mentioned:
A. Absence without leave.
B. Conviction of any criminal act involving moral turpitude.
C. Conduct tending to bring the merit system into disrepute.
D. Disorderly or immoral conduct.
E. Incompetence or inefficiency.
F. Insubordination.
G. Being at work under the influence of liquor or drugs, carrying onto the premises
liquor or drugs or consuming or using liquor or drugs during work hours and/or on
County premises.
H. Neglect of duty (i.e. non-performance of assigned responsibilities).
I. Negligent or willful damage to public property or waste of public supplies or
equipment.
J. Violation of any lawful or reasonable regulation or order given by a supervisor or
Department Head.
K. Willful violation of any of the provisions of the merit system ordinance or
Personnel Management Regulations.
L. Material and intentional misrepresentation or concealment of any fact in
connection with obtaining employment.
SECTION 22 - DISMISSAL, SUSPENSION, TEMPORARY REDUCTION
IN PAY, AND DEMOTION
PPOACCC 79 of 106 2011-2015
M. Misappropriation of County funds or property.
N. Unreasonable failure or refusal to undergo any physical, medical and/or
psychiatric exam and/or treatment authorized by this MOU.
O. Dishonesty or theft.
P. Excessive or unexcused absenteeism and/or tardiness.
Q. Sexual harassment, including but not limited to unwelcome sexual advances,
requests for sexual favors, and other verbal, or physical conduct of a sexual
nature, when such conduct has the purpose or effect of affecting employment
decisions concerning an individual, or unreasonably interfering with an
individual's work performance, or creating an intimidating and hostile working
environment.
22.2 Skelly Requirements. Before taking a disciplinary action to dismiss, suspend for
more than five (5) work days (four (4) work days for employees on a 4/10 work week),
temporarily reduce the pay of, or demote an employee, the appointing authority shall
cause to be served personally or by certified mail, on the employee, a Notice of
Proposed Action, which shall contain the following:
A. A statement of the action proposed to be taken.
B. A copy of the charges; including the acts or omissions and grounds upon which
the action is based.
C. If it is claimed that the employee has violated a rule or regulation of the County,
department or district, a copy of said rule shall be included with the notice.
D. A statement that the employee may review and request copies of materials upon
which the proposed action is based.
E. A statement that the employee has seven (7) calendar days to respond to the
appointing authority either orally or in writing.
22.3 Employee Response. The employee upon whom a Notice of Proposed Action
has been served shall have seven (7) calendar days to respond to the appointing
authority either orally or in writing before the proposed action may be taken. Upon
request of the employee and for good cause, the appointing authority may extend in
writing the period to respond. If the employee's response is not filed within seven (7)
days or during an extension, the right to respond is lost.
22.4 Leave Pending Employee Response. Pending response to a Notice of
Proposed Action within the first seven (7) days or extension thereof, the appointing
SECTION 23 - GRIEVANCE PROCEDURE
PPOACCC 80 of 106 2011-2015
authority for cause specified in writing may place the employee on temporary leave of
absence, with pay.
22.5 Length of Suspension. Suspensions without pay shall not exceed thirty (30)
days unless ordered by an arbitrator, an adjustment board or the Merit Board.
22.6 Procedure on Dismissal, Suspension, Temporary Reduction in Pay, or
Demotion.
A. Written Order Required. In any disciplinary action to dismiss, suspend,
temporarily reduce the pay of, or demote an employee having permanent status
in a position in the merit system, after having complied with the Skelly
requirements where applicable, the appointing authority shall make an order in
writing stating specifically the causes for the action.
B. Service of Order. Said order of dismissal, suspension, temporary reduction in
pay, or demotion shall be filed with the Director of Human Resources, showing by
whom and the date a copy was served upon the employee to be dismissed,
suspended, temporarily reduced in pay, or demoted, either personally or by
certified mail to the employee's last known mailing address. The order shall be
effective either upon personal service or deposit in the U.S. Postal Service.
C. Employee Appeals from Order. The employee may appeal an order of dismissal,
suspension, temporary reduction in pay, or demotion either to the Merit Board or
through the procedures of Section 2 (Grievance Procedure) of this MOU provided
that such appeal is filed in writing with the Director of Human Resources within
ten (10) calendar days after service of said order. An employee may not both
appeal to the Merit Board and file a grievance under Section 23 (Grievance
Procedure) of this MOU.
22.7 Employee Representation Rights. The County recognizes an employee’s right
to representation during an investigatory interview or meeting which may result in
discipline. The County shall not interfere with the representative’s right to assist an
employee to clarify the facts during the interview. If the employee requests a
Association representative, the investigatory interview shall be temporarily recessed for
a reasonable period of time until a Association representative can be present. For
those interviews, which by nature of the incident must take place immediately, the
Association will take all reasonable steps to make an Association representative
immediately available. The employer shall inform the employee of the general nature of
the investigation at the time the employer directs the employee to be interviewed.
SECTION 23 - GRIEVANCE PROCEDURE
23.1 Definition and Procedural Steps. A grievance is any dispute that involves the
interpretation or application of any provision of this MOU excluding, however, those
SECTION 23 - GRIEVANCE PROCEDURE
PPOACCC 81 of 106 2011-2015
provisions of this MOU which specifically provide that the decision of any County official
shall be final. The interpretation and application of those provisions are not subject to
the grievance procedure. An employee may appeal disciplinary action to the Merit
Board or through this grievance procedure. The Association may represent the grievant
at any state of the process. Grievances must be filed within thirty (30) calendar days of
the incident or occurrence about which the grievant claims to have a grievance and
shall be processed in the following manner:
Step 1. The Association or any employee or group of employees who believes that a
provision of this MOU has been misinterpreted or misapplied to his or her detriment
must discuss the complaint with the grievant's immediate supervisor, who must meet
with the grievant within five (5) work days of receipt of a written request to hold such
meeting. The supervisor will advise the grievant, in writing, within five (5) work days of
the meeting, whether the grievance is granted or denied.
Step 2. If an issue is not satisfactorily resolved in Step 1 above, the Association may
submit the grievance, in writing, to the Department Head or designee.. This request
must be filed no more than ten (10) work days after the date of the Step 1 response
from the supervisor. The formal written grievance must state which provision of the
MOU has been misinterpreted or misapplied, how it was misinterpreted or misapplied,
how misapplication or misinterpretation has affected the grievant to the grievant's
detriment, and the redress the Association seeks. A copy of each written
communication on a grievance shall be filed with the Director of Human Resources and
the Association. The Department Head or designee will have ten (10) work days in
which to respond to the grievance in writing, stating the reason(s) for the disposition of
the grievance.
Step 3. If the grievance is not resolved at Step 2 above, the Association may submit the
grievance to the Human Resources Director within ten (10) work days after the date of
the Step 2 response. Within twenty (20) work days after receipt, the Human Resources
Director or designee must meet with the Association and the Department to discuss the
facts, discuss other potentially relevant information or avenues of inquiry, and any terms
either party wishes to offer to resolve the grievance.
Both parties must be prepared and present the following information to the other party in
the course of the step 3 meeting:
1. The name of the grievant(s);
2. A statement of the relevant facts relating to each alleged breach;
3. The name of each known witness;
4. A copy of each relevant document;
5. The party’s position on the grievance and the specific MOU provision(s)
allegedly violated in each instance; and
6. The specific remedy or remedies sought.
SECTION 23 - GRIEVANCE PROCEDURE
PPOACCC 82 of 106 2011-2015
Step 4. Pursuant to a formal written request from the Association or the County, and
with the agreement of both parties, a Board of Adjustment will be convened, composed
of two (2) representatives of each party to this Agreement, for the purpose of deciding
the grievance. The Board of Adjustment will meet for consideration of the grievance
referred to it within fifteen (15) work days after receipt of a written request. The request
of either party to extend the time limit for convening of the Board of Adjustment, due to
extenuating circumstances, will not be unreasonably denied.
Step 5. In the event that the grievance is not resolved at step 3 or 4, either party may
notify, in writing, the other party, within fifteen (15) work days of the date of the Step 3
response or the Step 4 decision, of their desire to arbitrate the grievance. The parties
will mutually select an impartial arbitrator. If the Parties are unable to agree upon the
selection of an arbitrator, they may request one or more panels of arbitrators from the
California State Mediation and Conciliation Service and attempt to select an arbitrator
from that panel(s). Any fee(s) for the provision of the panel(s) of arbitrators will be split
equally between the parties. The fees and expenses of the arbitrator and the court
reporter (if any) will be shared equally by the Association and the County. Each
partywill bear the costs of its own presentation, including preparation and post hearing
briefs, if any.
23.2 Compensation Claims. The employer is not required to pay any wage claim or
portion thereof retroactively for a period of more than two (2) years immediately prior to
the date of the Employer’s receipt of written notice from the Association of such claim.
23.3 Time Limits. The time limits specified above may be waived by mutual
agreement of the parties to the grievance. If the County fails to meet the time limits
specified in Steps 1 through 3 above, the grievance will automatically move to the next
step. If a grievant fails to meet the time limits specified in Steps 1 through 5 above, the
grievance will be deemed to have been settled and withdrawn.
23.4 Association Notification. An official, with whom a formal grievance is filed by a
grievant who is included in a unit represented by the Association, but is not represented
by the Association in the grievance, shall give the Association a copy of the formal
presentation.
23.5 Strike/Work Stoppage. During the term of this MOU, the Association, its
members and representatives, agree that it and they will not engage in, authorize,
sanction, or support any strike, slowdown, stoppage of work, sick-out, or refusal to
perform customary duties. In the case of a legally declared lawful strike against a
private or public sector employer which has been sanctioned and approved by the labor
body or council having jurisdiction, an employee who is in danger of physical harm shall
not be required to cross the picket line, provided the employee advises his or her
supervisor as soon as possible, and provided further that an employee may be required
to cross a picket line where the performance of his or her duties is of an emergency
nature and/or failure to perform such duties might cause or aggravate a danger to public
health or safety.
SECTION 24 - BILINGUAL PAY
PPOACCC 83 of 106 2011-2015
23.6 Merit Board.
A. All Grievances of employees in representation units represented by the
Association shall be processed under Section 23 (Grievance Procedure) unless
the employee elects to apply to the Merit Board on matters within its jurisdiction.
B. No action under Steps 3 and 4 of subsection 23.1 (Definition and Procedures)
above shall be taken if action on the complaint or grievance has been taken by
the Merit Board, or if the complaint or grievance is pending before the Merit
Board.
23.7 Filing by Association. The Association may file a grievance at Step 3 on behalf
of affected employees when action by the County Administrator or the Board of
Supervisors violates a provision of this MOU.
SECTION 24 - BILINGUAL PAY
A salary differential of one hundred dollars ($100) per month shall be paid incumbents
of positions requiring bilingual proficiency as designated by the appointing authority and
Director of Human Resources. Said differential shall be paid to eligible employees in
paid status for any portion of a given month. Designation of positions for which bilingual
proficiency is required is the sole prerogative of the County. The Association shall be
notified when such designations are made.
SECTION 25 - RETIREMENT
25.1 Contribution / Buy Back Program.
A. Contribution.
1. Through June 30, 2012, the County will continue to pay fifty percent (50%) of
the retirement contributions normally required of employees. 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
2. Effective on July 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.
SECTION 25 - RETIREMENT
PPOACCC 84 of 106 2011-2015
3. Buy Back Program. Employees represented by PPOACCC with ten (10)
or more years of County/District service may replace Tier II benefits with Tier
III benefits as follows:
1. Employee buys back two (2) years, County will buy back one (1) year for a
total of three (3) years of buyback.
2. Employee buys back four (4) years, County will buy back two (2) years for a
total of six (6) years of buyback.
3. Employee buys back six (6) years, County will buy back three (3) years for a
total of nine (9) years of buyback.
The Buy Back Program set forth in Section 25, which makes certain employees
eligible to replace Tier II service time with Tier III service time on specified terms,
terminates July 1, 2012.
25.2 Safety Employees Retirement – Tier A – Employees Hired or Re-hired Before
January 1, 2013
A. 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 allo wance shall
not exceed three (3) percent 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. Each such employee shall pay nine percent (9%) of
his or her retirement base to pay part of the employer’s contribution for the cost
of this retirement benefit.
B. Effective July 1, 2012, and through December 31, 2014, each employee in Tier A
shall pay four and half percent (4.5%) of his or her retirement base to pay part of
the employer’s contribution for the cost of the Tier A retirement benefit.
C. Effective January 1, 2015, and through June 29, 2015, each employee in Tier A
shall pay two and a quarter percent (2.25%) of his or her retirement base to pay
part of the employer’s contribution for the cost of the Tier A retirement benefit.
D. Effective June 30, 2015, the employee’s payment of two and a quarter percent
(2.25%) of his/her retirement base to pay part of the employer’s contribution for
the cost of the Tier A retirement benefit will cease.
25.3 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
SECTION 26 - TRAINING REIMBURSEMENT
PPOACCC 85 of 106 2011-2015
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 Union must support the
legislation, in addition to the County.
25.4 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 PPOACCC members hired prior to January 1, 2013 from
additional tax liability if these employees have the opportunity to elect to enter new
Safety Retirement 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 26 - TRAINING REIMBURSEMENT
The County Administrative Bulletin on Training shall govern reimbursement for training
and shall limit reimbursement for career development training to seven hundred fifty
dollars ($750) per year, except as otherwise provided in the supplemental sections of
this MOU. Registration and tuition fees for career development education may be
reimbursed for up to fifty percent (50%) of the employee’s net cost. Books necessary
for courses taken for career development education may be reimbursed for up to one
hundred percent (100%) of the employee’s net cost.
SECTION 27 - VIDEO DISPLAY TERMINAL (VDT) USERS EYE EXAMINATION
SECTION 28 - PERFORMANCE EVALUATION PROCEDURE
PPOACCC 86 of 106 2011-2015
Employees shall be eligible to receive an annual eye examination on County time and at
County expense in accordance with the following conditions:
A. Eligible employees must use a video display terminal at least an average of two
hours per day as certified by their department.
B. Eligible employees who wish an eye examination under this program should
request it through the County Human Resources Department, Benefits Division,
who will arrange for eye examinations and monitor the results on a County-wide
basis.
C. Should prescription VDT glasses be prescribed for an employee following an eye
examination, the County agrees to provide, at no cost, the basic coverage
including a ten ($10) dollar frame and single vision lenses. Employees may,
through individual arrangement between the employee and his/her doctor, and
solely at the employee's expense, include bifocal, trifocal or blended lenses and
other care, services or materials not covered by the plan. The basic plan
coverage, including the examination, may be credited toward the employee
enhanced benefit.
SECTION 28 - PERFORMANCE EVALUATION PROCEDURE
The following evaluation procedures shall apply:
A. Goal: A basic goal of the employee evaluation is to help each employee perform
his/her job more effectively to the mutual benefit of the employee and the County.
The evaluation process provides an ongoing means of evaluating an employee's
job performance and promoting the improvement of the job performance. The
evaluation process also provides the opportunity to recognize and document
outstanding service as well as service that has been unsatisfactory to the County.
B. Frequency of Evaluation.
1. Probationary employees shall be evaluated at least once during their
probationary period.
2. Permanent employees may be evaluated every year.
3. It is the policy of the Probation Department that all unit supervisors hold
personal evaluations and submit a written evaluation to all Deputy
Probation Officers whenever such officers are reassigned from their units.
C. Procedure.
SECTION 28 - PERFORMANCE EVALUATION PROCEDURE
PPOACCC 87 of 106 2011-2015
1. An employee shall generally be evaluated by the first level management
supervisor above the employee.
2. It will be necessary in some cases for a supervisor to consult with the
employee's immediate work director in order to make a comprehensive
evaluation.
3. Where feasible, evaluations will be based primarily on observation by the
evaluator of the employee in the performance of his/her duties. Comments
based on secondary information shall have supportive documentation.
4. An employee will be informed in advance of a meeting with his/her
supervisor to discuss the employee's evaluation and to put the evaluation
in writing on the department evaluation forms.
5. The employee shall be informed of his/her right to prepare and have
attached to the evaluation form any written comments which the employee
wishes to make.
6. When an employee is rated below satisfactory on any factor, the
evaluation will give the reasons for such rating and include specific
recommendations for improvement in writing.
7. The employee's signing of an evaluation form does not necessarily mean
that the employee agrees with the evaluation but it does mean that the
employee has had an opportunity to discuss the evaluation with his/her
evaluator.
8. The employee will be given a copy of his/her completed evaluation form at
the time form is signed by the employee. (Confirmation of final version to
be received later.)
9. Any rating below average or unsatisfactory shall be supported by written
documentation received by the employee at the time the incident(s)
occurred.
10. Nothing shall be added by management to an evaluation after the
employee has signed and received a copy of the evaluation without the
employee’s written acknowledgment. Failure to follow the foregoing
procedure is subject to the grievance procedure. However, disputes over
the actual content or ratings themselves in individual evaluations are not
grievable, but may be mediated by the Director of Human Resources upon
request of either the employee or the Department. Prior to being mediated
by the Director of Human Resources either party may request fact finding
to assist in the resolution of the dispute. One (1) fact finder shall be
selected by each party to the dispute within ten (10) work days from the
SECTION 30 - PAY WARRANT ERRORS
PPOACCC 88 of 106 2011-2015
initial request for fact finding. The fact finders shall have twenty (20) work
days from notice of selection to investigate and render opinions to the
Director of Human Resources.
SECTION 29 – VEHICLE COSTS
29.1 Reimbursement for Use of Personal Vehicle. The mileage allowance for use
of personal vehicles on County business shall be paid according to the rates allowed by
the Internal Revenue Service and shall be adjusted to reflect changes in this rate on the
date it becomes effective or the first of the month following announcement of the
changed rate by the Internal Revenue Service, whichever is later.
29.2 Charge For Use of Home Garaged County Vehicle. Employees hired after
July 1, 1994 who are assigned vehicles to garage at home will be charged the IRS
mileage rate for all commute miles driven outside the limits of Contra Costa County that
exceed thirty (30) miles round-trip in any one day.
SECTION 30 - PAY WARRANT ERRORS
If an employee receives a pay warrant which has an error in the amount of
compensation to be received and if this error occurred as a result of a mistake by the
Auditor-Controller's Department, it is the policy of the Auditor-Controller's Department
that the error will be corrected and a new warrant issued within forty-eight (48) hours,
exclusive of Saturdays, Sundays and holidays from the time the Department is made
aware of and verifies that the pay warrant is in error. If the pay warrant error has
occurred as a result of a mistake by an employee (e.g. payroll clerk) other than the
employee who is receiving the pay, the error will be corrected as soon as possible from
the time the department is made aware that pay warrant is in error. Pay errors in
employee pay shall be corrected as soon as possible as to current pay rate but that no
recovery of either overpayments or underpayments to an employee shall be made
retroactively except for the six (6) month period immediately preceding discovery of the
pay error. This provision shall apply regardless of whether the error was made by the
employee, the appointing authority or designee, the Director of Human Resources or
designee, or the Auditor-Controller or designee. Recovery of fraudulently accrued over
or underpayments are excluded from this section for both parties. When the County
notifies an employee of an overpayment and proposed repayment schedule and the
employee wishes to meet with the County, a meeting will be held at which time a
repayment schedule shall be determined. If requested by the employee, a Association
representative may be present at a meeting with management to discuss a repayment
schedule in the case of overpayments to the employee.
SECTION 31 - FLEXIBLE STAFFING
SECTION 32 - PROVISIONAL APPOINTMENT
PPOACCC 89 of 106 2011-2015
Certain positions may be designated by the Director of Human Resources as flexibly
staffed positions. Positions are generally allocated at the first level of the job series
when vacated. When the position is next filled and an incumbent of one of these
positions meets the minimum qualifications for the next higher level and has met
appropriate competitive requirements he or she may then be promoted to the next
higher classification within the job series without need of a classification study. If the
Probation Department verifies in writing that an administrative or clerical error was
made in failing to submit the documents needed to promote an employee on the first of
the month when eligible, said appointment shall be made retroactive to the first of the
month when eligible. An employee who is denied a promotion to a flexibly staffed
position may appeal such denial to the Merit Board.
SECTION 32 - PROVISIONAL APPOINTMENT
Whenever an appointing authority makes a request for personnel to fill a position in a
class for which no reemployment or employment list is available, or in a class for which
no eligible or insufficient eligibles to complete the certification will accept appointment to
the position, the Director of Human Resources may authorize the appointing authority to
appoint any person who possesses the minimum qualifications for the class as set forth
in the class specifications, provided that the names of eligibles available and the names
of persons who have indicated the intention to take the next examination for the class
shall be referred to the appointing authority at the time authorization is issued. In no
case shall a permanent position be filled by a provisional appointment for a period
exceeding six (6) calendar months except under the following conditions:
A. If an examination has been announced for the class and recruitment of applicants
is in process, the Director of Human Resources may authorize a continuation of
provisional appointments until an eligible list is established.
B. In case of a provisional appointment to a permanent position vacated by a leave
of absence, such provisional appointment may be continued for the duration of
said leave. A provisional appointment shall be terminated within thirty (30) days
after the date of certification of eligibles from an appropriate eligible list. All
decisions of the Director of Human Resources relative to provisional
appointments are final and not subject to the grievance procedure. Before filling
a position by a provisional appointment, the appointing authority shall post notice
and shall consider current qualified employees for the appointment. Only if there
are insufficient internal applicants to constitute a full certification may the
appointing authority consider applicants from outside County service.
SECTION 33 - PERSONNEL FILES
An employee shall have the right to inspect and review any official record(s) relating to
his or her performance as an employee or to a grievance concerning the employee
which is kept or maintained by the County in the employee's personnel file in the Human
SECTION 33 - PERSONNEL FILES
PPOACCC 90 of 106 2011-2015
Resources Department or in the employee's personnel file in their Department. The
employee’s Association representative, with written authorization by the employee, shall
also have the right to inspect and review any official record(s) described above. The
contents of such records shall be made available to the employee and/or the
employee’s Association representative, for inspection and review at reasonable
intervals during the regular business hours of the County. Employees shall be
permitted to review their personnel files at the Personnel office during their working
hours. For those employees whose work hours do not coincide with the County’s
business hours, management shall provide a copy of the employee’s personnel file for
the employee’s review. The custodian of records will certify that the copy is a true and
correct copy of the original file.
The County shall provide an opportunity for the employee to respond in writing to any
information which is in the employee’s personnel file about which he or she disagrees.
Such response shall become a permanent part of the employee's personnel record.
The employee shall be responsible for providing the written responses to be included as
part of the employee's official personnel file. This section does not apply to the records
of an employee relating to the investigation of a possible criminal offense, medical
records and information or letters of reference.
Counseling memos, which are not disciplinary in nature, are to be retained in the file
maintained by the employee's supervisor or the person who issued the counseling
memo and are not to be transferred to the employee's central file which is normally
retained by the Human Resources Department unless such memos are subsequently
used in conjunction with a disciplinary action such as a letter of reprimand.
All documents pertaining to disciplinary actions shall be placed in the employee's official
personnel file within five (5) work days after the time management becomes aware of
the incident and has completed its investigation as to whether the employee is culpable
and shall be date stamped or dated at time of entry. This section is not intended to
include supervisor's notes or reminders of specific incidents or ongoing reports such as
attendance records. Generally, such investigations should be completed within thirty
(30) calendar days of the date management becomes aware of the incident(s), it being
understood that under certain circumstances such as the unavailability of witnesses or
the possibility of a criminal act having been committed may cause the investigation to
take longer than the aforementioned thirty (30) days.
Copies of written reprimands or memoranda pertaining to an employee's unsatisfactory
performance which are to be placed in the employee's personnel file shall be given to
an employee who shall have the right to respond in writing to said documents. Letters
of reprimand are subject to the grievance procedure but shall not be processed past
Step 3 unless said letters are used in a subsequent discharge, suspension or demotion
of the employee, in which case an appeal of the letters of reprimand may be considered
at the same time as the appeal of the disciplinary action. Prior to being submitted to
Step 3 of the grievance procedure, either party may request fact finding to assist in the
resolution of the dispute. One (1) fact finder shall be selected by each party to the
SECTION 34 - SERVICE AWARDS
PPOACCC 91 of 106 2011-2015
dispute within ten (10) work days from the initial request for fact finding. The fact finder
shall have twenty (20) work days from notice of selection to investigate and render
opinions to the Director of Human Resources.
Copies of letters of commendation which are to be placed in the employee's personnel
file will be given to the employee. Employees have the right to review their official
personnel files which are maintained in the Human Resources Department or by their
departments. In a case involving a grievance or disciplinary action, the employee's
designated representative may also review his/her personnel file with specific written
authorization from the employee. The County shall supply the Association with lists of
official personnel files and locations. Derogatory material in an employee's personnel
file over two years old will not be used in a subsequent disciplinary action unless directly
related to the action upon which the discipline is taken. Derogatory material does not
include prior suspensions, demotions or dismissals for cause.
The County will participate in a committee of four (4) Association and four (4) operating
department managers to revise and clarify MOU Section (33), Personnel Files. Subject
committee will be chaired by a non-voting chairperson from the County Human
Resources Department and will hold their first meeting within ninety (90) days of
approval of this MOU and will issue a report within one hundred eighty (180) days of the
date of the first meeting.
SECTION 34 - SERVICE AWARDS
The County shall continue its present policy with respect to service awards including
time off provided, however, that the type of award given shall be at the sole discretion of
the County. The following procedures shall apply with respect to service awards:
A. Presentation Before the Board of Supervisors. An employee with twenty (20) or
more years of service may go before the Board of Supervisors to receive his/her
Service Award. When requested by a department, the Human Resources
Department will make arrangements for the presentation ceremony before the
Board of Supervisors and notify the department as to the time and date of the
Board meeting.
B. Service Award Day Off. Employees with fifteen (15) or more years of service are
entitled to take a day off with pay at each five (5) year anniversary.
SECTION 35 – REIMBURSEMENT FOR MEAL EXPENSE
Employees shall be reimbursed for meal expenses under the following circumstances
and in the amount specified:
SECTION 36 - DETENTION FACILITY MEALS
PPOACCC 92 of 106 2011-2015
A. When the employee is required by his/her Department Head to attend a meeting
concerning County business or County affairs.
B. When the employee is required to be out of his/her regular or normal work area
during a meal hour because of a particular work assignment.
C. When the employee is required to stay over to attend consecutive or continuing
afternoon and night sessions of a board or commission.
D. When the employee is required to incur expenses as host for official guests of the
County, work as members of examining boards, official visitors, and speakers or
honored guests at banquets or other official functions.
E. When the employee is required to work three (3) or more hours of overtime or
scheduled to work overtime with less than twenty-four (24) hours notice; in this
case he or she may be reimbursed in accordance with the Administrative Bulletin
on Expense Reimbursement. Meal costs will be reimbursed only when eaten
away from home or away from the facility in the case of employees at twenty-four
(24) hour institutions.
SECTION 36 - DETENTION FACILITY MEALS
The charge for a meal purchased in a detention facility by employees represented by
the Association is one dollar ($1.00) per meal. However, the Department may modify
this charge from time to time upon ten (10) days advance written notice to the
Association. Employees assigned to a detention facility are not, however, required to
pay for a meal while working.
SECTION 37 - COMPENSATION FOR LOSS OR DAMAGE TO PERSONAL
PROPERTY
The loss or damage to personal property of employees is subject to reimbursement
under the following conditions:
A. The loss or damage must result from an event which is not normally encountered
or anticipated on the job and which is not subject to the control of the employee.
B. Ordinary wear and tear of personal property used on the job is not compensated.
C. Employee tools or equipment provided without the express approval of the
Department Head and automobiles are excluded from reimbursement.
D. The loss or damage must have occurred in the line of duty.
SECTION 38 - UNFAIR LABOR PRACTICE
PPOACCC 93 of 106 2011-2015
E. The loss or damage was not a result of negligence or lack of proper care by the
employee.
F. The personal property was necessarily worn or carried by the employee in order
to adequately fulfill the duties and requirements of the job.
G. The loss or damage to employee’s eyeglasses, dentures or other prosthetic
devices did not occur simultaneously with a job connected injury covered by
Workers' Compensation.
H. The amount of reimbursement shall be limited to the actual cost to repair
damages. Reimbursement for items damaged beyond repair shall be limited to
the actual value of the item at the time of loss or damage but not more than the
original cost.
I. The burden of proof of loss rests with the employee.
J. Claims for reimbursement must be processed in accordance with the
Administrative Bulletin on Compensation for Loss or Damage to Personal
Property.
SECTION 38 - UNFAIR LABOR PRACTICE
Either the County or the Association may file an unfair labor practice as defined in
Board of Supervisor's Resolution 81/1165 against the other. Allegations of an unfair
labor practice, if not resolved in discussions between the parties within thirty (30) work
days from the date of receipt, may be heard and decided by a mutually agreed upon
impartial third party.
SECTION 39 - HARASSMENT
Harassment is any treatment of an employee which has the purpose or effect of
affecting employment decisions concerning an individual, or unreasonably interfering
with an individual's work performance, or creating an intimidating and hostile working
environment. Such conduct includes but is not limited to unwelcome sexual advances,
requests for sexual favors, and other verbal, or physical conduct of a sexual nature;
arbitrary or capricious changes of assignments, or display of a hostile attitude toward an
employee by a supervisor which is not justified or necessary in the proper supervision of
the work of the employee.
SECTION 40 - LENGTH OF SERVICE DEFINITION (For Service Awards and
Vacation Accruals)
SECTION 41 - PERMANENT PART-TIME EMPLOYEES
PPOACCC 94 of 106 2011-2015
The length of service credits of each employee of the County shall date from the
beginning of the last period of continuous County employment (including temporary,
provisional, and permanent status, and absences on approved leave of absence).
When an employee separates from a permanent position in good standing and within
two (2) years is reemployed in a permanent County position, or is reemployed in a
permanent County position from a layoff list within the period of layoff eligibility, service
credits shall include all credits accumulated at time of separation, but shall not include
the period of separation. The Director of Human Resources shall determine these
matters based on the employee status records in his department.
SECTION 41 - PERMANENT PART-TIME EMPLOYEES
41.1 Benefits. Permanent part-time employees receive prorated vacation and sick
leave benefits. They are eligible for health, dental and life insurance benefits at
corresponding premium rates providing they work at least fifty percent (50%) of full-time.
If the employee works at least fifty percent (50%) of full-time, County retirement
participation is also included.
41.2 Hours. Permanent- Part-time employees who wish to have the hours of their
position increased, must so request in writing. These requests must be received by the
employee's department during the month of January and/or July for the duration of this
MOU. Departments reviewing these requests will evaluate them within thirty (30) days
of their receipt by considering the actual hours assigned to and worked by the employee
during the previous six (6) months and the anticipated continuing need from their
assignment on an increased basis. Those requests which are approved by the
department for an increase in hours will be submitted for consideration by the County as
a P300 request within an additional sixty (60) days. Nothing contained herein shall
conflict with layoff/reemployment provisions.
SECTION 42 - PERMANENT-INTERMITTENT EMPLOYEES
42.1 Benefits. Permanent-intermittent employees are eligible for prorated vacation
and sick leave benefits.
42.2 Health Plan. A permanent-intermittent employee represented by Probation
Peace Officers Association of Contra Costa County may participate in the County Group
Health Plans if combined medical, dental and life insurance coverage is wholly at the
employee's expense but at the group insurance rate. The County will not contribute to
the employee's monthly premium. The employee will be responsible for paying the
monthly premium appropriately and punctually. Failure to meet the premium deadline
will mean automatic and immediate withdrawal from the County Group Health Plans and
reinstatement may only be effectuated during the annual open enrollment period.
SECTION 41 - PERMANENT PART-TIME EMPLOYEES
PPOACCC 95 of 106 2011-2015
42.3 Benefit Conditions. The following benefit program shall be offered to
permanent-intermittent employees:
A. Program. The County shall offer CCHP Plan A-2 at the subvention rate of sixty-
four percent (64%) of the cost of the premium for a single individual, to those
permanent-intermittent employees who meet and maintain eligibility.
B. Eligibility. Initial eligibility shall be achieved when an employee has worked three
(3) continuous months of service at an average of fifty percent (50%) time per
month. In order to maintain eligibility, a permanent-intermittent employee must
remain in paid status during each successive month.
C. Pre-Pay. Employees who have achieved eligibility under the terms of subsection
44.3 (Benefits Conditions) paragraph B (Eligibility) will pre-pay the employee’s
portion of the premium cost so that the effective date of enrollment begins
effective the first of the month of eligibility. Employees must continue to pre-pay
their portion of the health insurance premium in order to continue benefits. In
addition, employees who meet the eligibility requirements and who have been
voluntarily paying for a county group health program shall be allowed to enroll in
CCHP Plan A-2 without a waiting period.
D. Family Coverage. Employees may elect to purchase at their own expense, family
coverage, including domestic partner, and shall follow the procedures outlined in
C. above for payment for this optional coverage.
E. Open Enrollment. Open Enrollment periods for permanent intermittent
employees shall be for thirty (30) days and coincide with the open enrollment
period for regular full-time County employees. Permanent-intermittent employees
who are not currently eligible, but who subsequently meet the eligibility
requirements, shall be notified of their eligibility and shall have thirty (30) days to
decide whether or not to elect coverage under this program.
F. Self-Purchase Option. Employees who are temporarily ineligible may purchase,
at their own cost, the plan in accordance with the procedures set forth by the
Contra Costa County Health Plan. Nothing in subsection 42.2 (Health Plan) shall
prevent an employee from electing health coverage under either subsection 42.1
(Benefits) or Section 42.2 (Health Plan).
42.4 Hours. Permanent-Intermittent employees who wish to have the hours of their
position increased, must so request in writing. These requests must be received by the
employee's department during the month of January and/or July for the duration of this
MOU. Departments reviewing these requests will evaluate them within thirty (30) days
of their receipt by considering the actual hours assigned to and worked by the employee
during the previous six (6) months and the anticipated continuing need from their
assignment on an increased basis. Those requests which are approved by the
department for an increase in hours will be submitted for consideration by the County as
SECTION 43 - PROVISIONAL EMPLOYEE BENEFITS
PPOACCC 96 of 106 2011-2015
a P300 request within an additional sixty (60) days. Nothing contained herein shall
conflict with layoff/reemployment provisions.
SECTION 43 - PROVISIONAL EMPLOYEE BENEFITS
Provisional employees, who are not permanent employees of the County immediately
prior to their provisional appointment, are eligible for vacation and sick leave benefits.
Provisional employees may participate in the County Group Health Plan of combined
medical, dental and life insurance coverage wholly at the employee's expense but at the
group insurance rate. The County will not contribute to the employee's monthly
premium. The employee will be responsible for paying the monthly premium
appropriately and punctually. Failure to meet the premium deadline will mean automatic
and immediate withdrawal from the County Group Health Plan and reinstatement may
only be effectuated during the annual open enrollment period.
SECTION 44 – TEMPORARY EMPLOYEES
44.1 Temporary Employee Hours. Temporary employees may work a maximum of
2080 hours within the Probation Department. Thereafter, that temporary may not work
in the Probation Department for one year as a temporary. Nothing in this section shall
preclude the Department from terminating a temporary prior to the temporary reaching
the maximum hours allowable. This subsection 44.1 (Temporary Employees Hours)
shall be inapplicable to Probation Counselors. Nothing in this agreement precludes the
parties from meeting and conferring over future exceptions.
44.2 Meet and Confer. The County agrees to meet and confer with the Association
concerning the future use of represented temporary employees.
44.3 Leave Benefits.
A. Crediting and Maximum Accumulation of Paid Time Off. On the first of the
month following a temporary employee’s completion of two thousand eighty
(2080) straight time hours worked, he or she shall be credited with forty (40)
hours of “paid time off” (“PTO”). Forty (40) hours paid time off credit is the
maximum amount an employee may have at any time.
B. Use of Paid Time Off. Paid time off shall not be taken until credited per
subsection 44.3 paragraph A (Crediting and Maximum Accumulation of Paid
Time Off) above.
C. Payoff at Separation. If a temporary employee terminates his/her County
employment (separates from County service), the employee shall be paid all
currently “credited” PTO hours, as described in subsection 44.3 paragraph A
(Crediting and Maximum Accumulation of Paid Time Off) and, in addition, shall be
SECTION 44 – TEMPORARY EMPLOYEES
PPOACCC 97 of 106 2011-2015
paid off for that portion of PTO hours earned but not credited on the basis of that
portion of the straight time hours worked (“STHW”) toward the next increment of
two thousand eighty (2080) straight time hours required for crediting of PTO. The
formula for the earned but not credited payoff is: STHW divided by 2080
multiplied by 40 multiplied by the current hourly pay rate at separation.
D. Appointment to a Permanent Position. If a temporary employee is appointed
to a permanent position, the credited PTO hours and the earned but not yet
credited PTO hours (as described in paragraph 44.3 paragraph C [Payoff at
Separation] above) shall be converted to vacation hour and subject to the
provisions of this Memorandum of Understanding relating to Vacation. When a
temporary employee is appointed to a permanent position, the employee shall be
allowed to use the earned paid time off hours during the first six (6) months of
employment in a permanent position.
E. Holiday Pay for Probation Counselors. Temporary employees in the job
classifications of Probation Counselor I, II or III who have completed 2080 hours
of employment are eligible to receive time and one-half (1-1/2) for working a
holiday.
44.4. Health Benefits for Temporary Employees. The County shall offer the
following benefit program to temporary employees:
A. Program. The County shall offer CCHP Plan A-2 at the subvention rate of fifty
percent (50%) of the cost of the premium for a single individual, to those
temporary employees who meet and maintain eligibility.
B. Eligibility. Initial eligibility shall be achieved when an employee has worked three
(3) continuous months of service at an average of fifty percent (50%) time per
month. In order to maintain eligibility, a temporary employee must remain in paid
status a minimum of forty (40) hours during each successive month and maintain
an average of fifty percent (50%) time year-to-date from the date of eligibility.
C. Pre-Pay. Employees who have achieved eligibility under the terms of D.2 will
pre-pay the employee’s portion of the premium cost so that the effective date of
enrollment begins effective the first of the month of eligibility. Employees must
continue to prepay their portion of the health insurance premium in order to
continue benefits. In addition, temporary employees who meet the eligibility
requirements and who have been voluntarily paying for a County group health
program shall be allowed to enroll in CCHP Plan A-2 without a waiting period.
D. Family Coverage. Employees may elect to purchase at their own expense, family
coverage, including domestic partner, and shall follow the procedures outlined in
3. above for payment for this optional coverage.
SECTION 44 – TEMPORARY EMPLOYEES
PPOACCC 98 of 106 2011-2015
E. Implementation. Open Enrollment periods for temporary employees shall be for
thirty (30) days and coincide with the open enrollment period for County
employees. Temporary employees who are not currently eligible, but who
subsequently meet the eligibility requirements, shall be notified of their eligibility
and shall have thirty (30) days to decide whether or not to elect coverage under
this program.
F. The County shall provide quarterly reports regarding temporary employees which
include the following information: employee name, classification, department,
mail drop I.D., and number of hours worked in all classifications and departments
on a calendar year-to-date basis.
44.5 Temporary Employee Step Placement.
A. New Employees. The anniversary date of a new temporary employee is the first
day of the calendar month after the calendar month when the employee
successfully completes one thousand forty (1040) straight time hours.
B. Initial Step Placement. New temporary employees shall generally be appointed
at the minimum step of the salary range established for the particular class of
position to which the appointment is made. However, the appointing authority
may fill a particular position at a step above the minimum of the range if mutually
agreeable guidelines have been developed in advance or the Director of Human
Resources (or designee) offers to meet confer with the Association on a case by
case basis each time prior to formalizing the appointment.
C. Increments within Range. The performance of each employee shall be
reviewed after the employee has completed an additional two thousand eighty
(2080) straight time hours of work. Advancement shall be granted on the
affirmative recommendation of the appointing authority, based on satisfactory
performance by the employee. The appointing authority may recommend denial
of the increment or denial subject to one additional review at some specified date
before the next anniversary which must be set at the time the original report is
returned. Except as herein provided, increments within range shall not be
granted more frequently than once a year, nor shall more than one (1) step within
range increment be granted at one time. Increments shall not be granted to a
temporary employee more frequently than after the first one thousand forty
(1040) straight time hours worked and after each two thousand eighty (2080)
additional straight time hours worked thereafter. In case an appointing authority
recommends denial of the within range increment on some particular anniversary
date, but recommends a special salary review at some date before the next
anniversary the special salary review shall not affect the regular salary review on
the next anniversary date. Nothing herein shall be construed to make the
SECTION 45 - LUNCH PERIOD AND REST BREAKS
PPOACCC 99 of 106 2011-2015
granting of increments mandatory on the County. If an operating department
verifies in writing that an administrative or clerical error was made in failing to
submit the documents needed to advance an employee to the next salary step on
the first of the month when eligible, said advancement shall be made retroactive
to the first of the month when eligible.
44.6 Temporary Employee Grievances.
Temporary employees covered by this Memorandum of Understanding may grieve only
alleged violation of:
A. Section 1 (Recognition);
B. Section 2 (Association Security), subsections 2.1 (Dues Deduction) through 2.5
(Withdrawal of Membership);
C. Subsection 5.1 (Wage Rates), and
D. The terms of this Section 44 except subsection 44.2 (Meet and Confer).
44.7 Association Dues. The membership or agency shop service fee charged by the
Association to temporary employees pursuant to subsection 2.2 (Agency Shop)
paragraph B shall equal 1% of the employee’s regular pay up to a maximum of ten
dollars ($10) per semi-monthly pay period. No initiation fee or special assessments
shall be required of these employees. A temporary employee who does not timely
authorize deduction of or directly pay Association Dues or an agency shop service fee
in lieu of dues will be terminated from County service.
SECTION 45 - LUNCH PERIOD AND REST BREAKS
A. Employees who are in a pay status during their lunch are on call during their
lunch period. Employees who are not in a pay status during their lunch are on
their own time during their lunch period.
B. Employees shall be entitled to a rest break for each four (4) hours of work.
Scheduling of rest breaks shall be determined by management.
C. The Department head or his or her designee shall schedule each field Probation
Officer for a regular one hour or a one-half hour unpaid meal period, taking into
consideration the employee’s preference and operational needs. The meal
period shall be taken as near the middle of the employee’s workday as is
practicable in light of operational needs. If an employee desires to change the
scheduled meal period from one hour to one half hour or from one-half hour to
one hour, such change shall take effect only if approved in advance by the
Department Head or his or her designee. The Department Head or his or her
SECTION 46 - ADOPTION
PPOACCC 100 of 106 2011-2015
designee may initiate such a change on an on-going basis when, in the
Department’s judgment, such is needed for operational reasons. The
Department Head or his or her designee may also temporarily alter the duration
of the employee’s regularly scheduled meal period, from one hour to one -half
hour or from one-half hour to one hour, to accommodate temporary operational
needs (e.g. training, etc.).
SECTION 46 - ADOPTION
The provisions of this MOU shall be made applicable on the dates indicated and upon
approval by the Board of Supervisors. Resolutions and Ordinances, where necessary,
shall be prepared and adopted in order to implement these provisions. It is understood
that where it is determined that an Ordinance is required to implement any of the
foregoing provisions, said provisions shall become effective upon the first day of the
month following thirty (30) days after such Ordinance is adopted.
SECTION 47 - SCOPE OF AGREEMENT AND SEPARABILITY OF PROVISIONS
47.1 Scope of Agreement. Except as otherwise specifically provided herein, this
MOU fully and completely incorporates the understanding of the parties hereto and
constitutes the sole and entire agreement between the parties in any and all matters
subject to meet and confer. Neither party shall, during the term of this MOU demand
any change herein, provided that nothing herein shall prohibit the parties from changing
the terms of this MOU by mutual agreement. The Association understands and agrees
that the County is not obligated to meet and confer regarding wages, hours or
conditions of employment during the term of this extended agreement, except as
otherwise required by law.
47.2 Separability of Provisions. Should any section, clause or provision of this MOU
be declared illegal, unlawful or unenforceable, by final judgment of a court of competent
jurisdiction, such invalidation of such section, clause or provision shall not invalidate the
remaining portions hereof, and such remaining portions shall remain in full force and
effect for the duration of this MOU.
47.3 Personnel Management Regulations. Where a specific provision contained in
a section of this MOU conflicts with a specific provision contained in a section of the
Personnel Management Regulations, the provision of this MOU shall prevail. Those
provisions of the Personnel Management Regulations within the scope of representation
which are not in conflict with the provisions of this MOU and those provisions of the
Personnel Management Regulations which are not within the scope of representation
shall be considered in full force and effect.
SECTION 48 - FAIR LABOR STANDARDS ACT PROVISIONS
PPOACCC 101 of 106 2011-2015
47.4 Duration of Memorandum of Understanding. Except for provisions, if any,
expressly made retroactive, this Memorandum of Understanding (MOU) shall continue
in full force and effect from July 1, 2011 to and including June 30, 2015. Said
Memorandum of Understanding shall automatically renew from year to year thereafter
unless either party gives written notice to the other, at least sixty (60) days prior to the
MOU termination date, of its intention to amend, modify or terminate the Memorandum
of Understanding.
SECTION 48 - FAIR LABOR STANDARDS ACT PROVISIONS
The Fair Labor Standards Act, as amended, may govern certain terms and conditions of
the employment of employees covered by this MOU. It is anticipated that compliance
with the Act may require changes in some of the County policies and practices currently
in effect or agreed upon. If it is determined by the County that certain working
conditions, including but not limited to work schedules, hours of work, method of
computing overtime, overtime pay and compensatory time off entitlements or use, must
be changed to conform with the Fair Labor Standards Act, such terms and conditions of
employment shall not be controlled by this MOU but shall be subject to modification by
the County to conform to the federal law, without further meeting and conferring. The
County shall notify Association and meet and confer with the Association regarding the
implementation of such modifications.
SECTION 49 – SAFETY IN THE WORKPLACE
49.1 Safety and Efficient Operations. The County shall expend every effort to see
to it that the work performed under the terms and conditions of this MOU is performed
with a maximum degree of safety consistent with the requirement to conduct efficient
operations.
49.2 Juvenile Hall Standing Counselor Safety Committee. The Juvenile Hall shall
have a standing Counselor Safety Committee (“CSC”) to address all issues related to
Counselor safety, including the issuance of defensive tools. The CSC shall be
empowered to make recommendations related to Probation Counselor safety directly to
the Deputy Chief Probation Officer, the Institutional Superintendent, or the Department-
wide safety committee as the CSC deems appropriate.
49.3 Composition of CSC. The “CSC” shall consist of the Superintendent of the
Juvenile Hall (or his or her designee), one (1) line/unit Supervisor on staff at Juvenile
Hall (selected by Local 512), three Probation Counselor representatives (appointed by
the Association), one (1) Juvenile clerical representative (appointed by Local 2700),
one (1) service staff member (appointed by Local one), one representative of the
SECTION 50 - MISCELLANEOUS PROVISIONS
PPOACCC 102 of 106 2011-2015
Institutional Service Workers, janitors and cooks (appointed by Local one) and the
Juvenile Hall Supply and Distribution Supervisor. Other members may include one (1)
representative of the Juvenile Hall Medical Department, one representative of the
Juvenile Hall School Department, and a representative of the County’s Risk
Management Office to be invited to sit as needed as a non-decision making consultant.
49.4 CSC Deliberation Not Bargaining. The discussions and deliberations of the
CSC shall not be construed as meeting the requirements to meet and confer regarding
any matter related to wages, hours, or working conditions.
49.5 Participation By Other Unions. The Parties recognize that the participation in
the CSC by Local 1, Local 512, or Local 2700 under the terms described above is
conditioned on their independent agreement to do so. If either declines to do so the
CSC shall carry forward without such participation.
49.6 Representation on Probation Department Safety Committee. The Parties
recognize that the Probation Department maintains a department-wide safety committee
on which three volunteer Probation Officers solicited by the Department have served
along with other Committee members. On the first January 1 after this MOU is signed
by the Parties, the volunteer Probation Officer positions on the Committee will be
deemed vacant. The Association shall promptly appoint three (3) Probation Officers,
one from each Field Services facility, to serve on the Committee and ensure that
matters affecting each facility are addressed. The term of each Association appointee
shall continue through the ensuing December 31. If the employee resigns from the
Committee, moves to a different facility thereby vacating the appointment, or otherwise
vacates the appointment before December 31, the Association shall promptly appoint a
replacement(s) from the facility from which the vacating employee was appointed. The
Association may replace any of its appointees to the Committee effective the next
January 1 but is not required to do so.
SECTION 50 - MISCELLANEOUS PROVISIONS
A. Department Advisory Committee. The Department-Wide Probation Services
Advisory Committee shall continue during the term of this MOU.
B. Subcommittees. The Probation Department has established separate
subcommittees of the Probation Services Advisory Committee for each major
juvenile institution and treatment facility. Representation on each such
committee consists of two (2) Probation Counselors selected by the Association
together with the manager of the facility. The subcommittee shall meet quarterly
at a mutually agreeable time and place, discuss and resolve issues of mutual
concern. The subcommittee may refer some problems to the department-wide
committee for resolution.
SECTION 50 - MISCELLANEOUS PROVISIONS
PPOACCC 103 of 106 2011-2015
C. Wellness Incentive Program. A broad-based pilot Wellness Incentive Program
will be developed with input from the joint Labor/Management Wellness
Committee. The purpose of this program will be to reward County employees
with incentives for participating in Wellness Program activities and encourage
them to live healthier lifestyles. The Wellness Committee will work closely with
the Human Resources Department on program design and implementation.
Program Design. The Wellness Incentive Program design will include the
development of additional wellness activities to compliment the current Employee
Wellness Program schedule and collaboration with health plan carriers to develop
special programs and activities for County employees and to encourage
participation in their established wellness activities. Special emphasis will be
placed on supporting major programs such as: Smoking Cessation,
Nutrition/Weight Loss, Brown Bag Seminars, Health Screenings and Health Fairs.
Format. A point value system for program participation will be developed wherein
each wellness activity and program will be assigned a point value. Points will
accumulate and incentive prizes will be awarded to employees upon realizing
certain point levels. The value of the prizes will increase with higher point values
and one (1) grand prize will be awarded each year to the employee with the
highest number of points.
Incentives. A series of incentive prizes will be assigned to certain point values.
In addition, recognition for employee and department participation will be an
important aspect of the Wellness Incentive Program.
SECTION 50 - MISCELLANEOUS PROVISIONS
PPOACCC 104 of 106 2011-2015
Referral. The parties agree to refer the contents of this proposal to the Wellness
Committee for its consideration.
Date: _______________
Contra Costa County: For Probation Peace Officers Association:
(Signature / Printed Name) (Signature / Printed Name)
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SECTION 50 - MISCELLANEOUS PROVISIONS
PPOACCC 105 of 106 2011-2015
ATTACHMENT B
MEDICAL/DENTAL/LIFE INSURANCE ADJUSTMENTS
Co-Pays
The Health Plan co-pays are as follows:
CCHP A: No change
CCHP B: No change
KAISER: $10 Office Visit
$10 Generic RX
$20 Brand RX
$10 Emergency Room
HEALTHNET HMO $10 Office Visit
& EPO: $10 Generic RX
$20 Formulary RX
$35 Non-Formulary RX
$25 Emergency Room
HEALTHNET PPO: $10 Preventative
Care O/V
$5 Generic RX
$5 Formulary RX
No Non-formulary RX
$50 ER Deductible
If the County meets Kaiser’s plan participation requirements for a lower cost health plan
and is able to offer that lower cost plan, the health plan copays for the lower cost Kaiser
plan will be as follows:
$500 Deductible
$20 Office Visit copay (not subject to deductible)
$20 Urgent Care Copay (not subject to deductible)
$10 Lab & X-ray Copay (not subject to deductible)
$10 Generic RX
$30 Formulary Brand RX
$3000 per person and $6000 per family Annual Out of Pocket Maximum
If the County meets Health Net’s plan participation requirements for a lower cost HMO
health plan and is able to offer that lower cost plan, the health plan copays for the lower
cost Health Net HMO plan will be as follows:
$20 Office Visit copay
SECTION 50 - MISCELLANEOUS PROVISIONS
PPOACCC 106 of 106 2011-2015
$50 Urgent Care Copay
$1000 Inpatient Hospital Copay
$500 Out-Patient Surgical copay
$100 Emergency Room Copay
10% Inpatient Hospital, Out Patient Surgical and Emergency Room (after
deductible
$10 Generic RX
$20 Formulary Brand RX
$35 Non-Formulary Brand RX
$2000 per person and $6000 per family Annual Out of Pocket Maximum
If the County meets Health Net’s plan participation requirements for a lower cost PPO
health plan and is able to offer that lower cost plan, the health plan copays for the lower
cost Health Net PPO plan will be as follows:
$500 deductible
80% / 20% In-Network Benefit
60% / 40% Out of Network Benefit
$10 Generic RX
$20 Formulary Brand RX
$35 Non-Formulary Brand RX
Life Insurance
Coverage is $10,000 for employees enrolled in either a health and/or dental plan.